CENTRAL CRIMINAL COURT.
TWELFTH SESSION, HELD OCTOBER 24TH, 1842.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER,
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, October 24th, 1842, and following Days.
Before the Right Honourable Sir JOHN PIRIE, Bart., LORD MAYOR of the City of London; the Right Hon. Sir Thomas Erskine, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir William Henry Maule, Knt., one other of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; Sir William Heygate, Bart.; Sir John Key, Bart.; and Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; John Humphery, Esq.; Michael Gibbs, Esq.; John Johnson, Esq.; and Thomas Farncombe, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said city; and Edward Bullock, Esq., Judge of the 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. TWELFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, October 24th, 1842.
First Jury, before Mr. Recorder,
2771. MARTIN HUSSEY was indicted for feloniously assaulting William George Gibbs, on the 2nd of September, and cutting and wounding him on his head, with intent to do him some grievous bodily harm.—2nd'COUNT, stating his intent to be to resist and prevent his lawful apprehension and detainer.
MESSRS. CLARKSON, DOANE, and, HAKE, conducted the Prosecution,
WILLIAM GEORGE GIBBS . I am an officer of the Sheriff of Middlesex. On the 12th of July I had a warrant from the Sheriff to arrest the prisoner—I went to execute it on the 2nd of September, at his house, at Irongate Wharf, Paddington—he is a slater—I had seen him before—I once had an execution in his house—I did not see him then, but he came down to our office—when I went on the 2nd of September, I found the house-door wide open—I knocked at the door, no body answered—I went up stairs to the front room, first-floor—the door was open—I saw the prisoner and his wife in the room—I told him I had an execution against him from the Sheriff, at the suit of William Marks—I took the warrant out of my pocket, and showed it to him—the. wife said, "You shall not take him"—I then said, "I shall take you"—the prisoner said, "You shall not, I will not go with you"—I told him I was determined to—his wife and him both rose from their seats—the prisoner struck me, and struck my hat off—I then went to take him by the collar, his wife came up to me and took me by the hair, and he leaned back towards the fire-place, took a short poker, or round instrument, and struck me across the front part of my head—my hat was still off—I then had a scuffle with them both—we went into the next room on the same floor, in the scuffle, I trying to get him out, holding his collar—(I had collared him after my hat was knocked off—he got the poker while I held him)—he and his wife were trying to throw me down, and he said, "I will bite your b y ear off"—he threw me on the floor, then struck me
in the eye with his fist—he had dropped the poker in the scuffle—I then called for assistance—I had left Caperton, who had accompanied me, in the yard—I called to him, "Jemand "Murder"—the prisoner then said to his wife, "Go down, shut the door, and keep him out"—she went down, and the door was shut—I cried out several times—the door was broke open, I believe—Chaperon came up, and we both dragged the prisoner down stairs—he would not walk—while we were dragging him down he called out for a knife, and to the bystanders for assistance—he said, "Bring me a knife, and I will rip him up"—he then called for a hammer—his daughter brought one, but it was not given into his hands—we had got him down into the yard—Matthews, a policeman, came, and we took him to the station—he struck me at the station—I rode outside a cab going to Whitecross-street, and he kicked me once through the cab window, and struck me once with his fist.
Cross-examined by MR. JONES. Q. Had you an execution against his goods before that? A. Yes, I had the execution against his goods six or seven weeks before—I think it was in July—it might be three months—I did not see him at that time—I saw his wife—she said there was rent owing—I believe I left word with her for him to come down to me with the particulars of the rent—he came—he did not tell me he owed 36l. rent, and that his landlord owed him 22l.—he never told me the rent.
Q. Did not you say to him, "Never mind your account against the landlord, if you will tip the fees and possession-money, I will go to Pater, the attorney, and say there is nothing for him?A. I never said anything of the sort—I believe I asked him to pay the possession-money and fees—I told Pater there was so much owing for rent, there was nothing for him—I had a man in possession then—I withdrew him the following day—I never told the prisoner what I had said to Pater—he never paid me a farthing, nor did his wife—nobody has paid me a farthing in this case—I never went to Gilham, the attorney, with the prisoner, for the fees—the prisoner never gave me an I O U for the fees—I do not know whether he gave Lucket any thing—I had been to his house to execute a ca. sa. before the 2nd of September—I swear the front door was wide open—I did not get a pitchfork from the stable, and break it open—he struck my hat off before I touched him—he did not ask what I wanted, nor did I refuse to tell him—the first words I said was, that I had an execution against him, and I pulled the warrant out—I did not say I would drag him along, that the neighbors should see him, nor any thing of the kind—I did not say he was a b—y b—r for not coming with the fees as he had promised—I kicked him in the yard, after he gave me a severe blow—I was obliged to kneel on him outside the house to keep him quiet—the people might call out "Shame"—I believe they did—we dragged him down stairs—I did not fall on any coals—I read my warrant at we station—I did not refuse to show it—I did not see his daughter up stairs—I saw her bring the hammer into the yard—I believe there were several women in the yard, but none in the house—I believe there are three rooms up stairs, and one down—Caperton has charged the wife with an assault—I went as a witness for him—I went about my business as usual after this—I went to a doctor—we did not all three fall on the ground at the bottom of the stairs—he dragged me on the ground when we had got him down.
MR. DOANE. Q. How soon did you go to a surgeon? Q. About
seven o'clock—there was nothing said about possession money on the day in question.
COURT. Q. Was the writ delivered to Lucket? A. Yes, I am named in it—I did not go to Gilham in reference to this affair—I am quite sure I showed the prisoner the warrant.
JAMES CAPERTON . I am a Sheriffs officer's man. On the 2nd of September, I accompanied Gibbs to Irongate Wharf, to arrest the prisoner—when we arrived, Gibbs got in—the door was open, I believe—I was five or six yards off—I saw him enter the house—I remained outside—I afterwards heard him call for assistance, and "Murder"—he called Jem—I went and found the door bolted with two bolts—I broke it open, and Mrs. Hussey was on the stairs going up, which prevented my going up—I got up, and Gibbs was contending with the prisoner—they were struggling together, Gibbs with his back on the floor, and Hussey on him—the wife was aiding and assisting to rescue her husband from custody—Gibbs's head was bleeding profusely—the prisoner was kicking and beating him, in fact he would have murdered him if I had not prevented him—he kicked him repeatedly, and me to, on my * * * and bit me—he said he would not be taken—he would not go—I offered him fair means to go quietly—I tried to get him out of the room, but he would not walk—he did all he could to annoy us, kicking and beating, and his wife assisting him—we caught hold of his arms and dragged him down stairs into the yard—we were then endeavoring to get him away, but he would not—he was kicking, beating, and pulling the rails down—after I hallooed for five or ten minutes the policeman came up.
Cross-examined. Q. Had you been at his house before? A. Never—I saw Gibbs go in—I do not know whether' he knocked at the door—I was not close enough to see—I think he found the door open—it was very unusual to be open, by what the officers say—I cannot tell whether it was open or shut—I was not close enough—I was not four minutes outside before I heard him call out—I did not see the door, because it was in a corner—I saw him go to the door, but did not see how he got in—I was within sight of the door—he had nothing in his hand when he left me—I saw no pitch-fork—when I got in I laid hold of the prisoner—we tried to secure him—he was down repeatedly—we pulled him down stairs, holding his hands and feet—Gibbs held his feet—he might be on the ground at the bottom of the stairs—very likely we were all three on the floor there—we did not kick him there—I never kicked him, nor did Gibbs, to my knowledge, nor hit him—I did not knock him down in the street, nor did' Gibbs—he did not say at the station that he had asked Gibbs to show him his authority, and he would not—it was produced at the station, and read—I never heard Gibbs say he was a blackguard for not coming up with the fees.
THOMAS MEREDITH . I am a corn and coal merchant, and rent part of Iron gate Wharf. On the 2nd of September, between five and six o'clock, I saw Gibbs with a dreadful wound on his head, crying out for assistance in the name of the Queen, and "Murder"—he had a long cut on the back of the head, and the blood was flowing copiously down his shirt and neck—I saw the prisoner kick at him and Caperton—he was then on the ground holding the railings—I heard him call for a knife and hammer to do for him—he is a Slater, and uses a hammer—I went for a policeman, fearing murder would be committed.
Cross-examined. Q. Are you always out of scrapes yourself? A. Yes, I believe so—the prisoner quarrelled with me, and we went before the Magistrate—he ran out of the house with a knife, threatening to stab me—he told the Magistrate I threatened to put him into the canal, and the Magistrate said he would bind us both over to keep the peace.
WILLIAM MATTHEWS . I am a police-constable. I was called by Meredith, went to the wharf and found the prisoner and Gibbs holding each other—Gibbs gave him into custody for an assault—I saw him strike Gibbs on the eye—on getting to the station, Gibbs refused to press the charge, saying he could procure bail before the Magistrate and escape from his custody—he struck Gibbs at the station, and said he would not go to White cross-street with him—a cab was called, and he was put into it with difficulty—Gibbs got on the box—he put his feet up and kicked him through the window on the back, and nearly threw him off the box.
Cross-examined. Q. You were first called by a little girl? A. Yes—I cannot tell whether she was the prisoner's daughter, but I beard so—she did not mention her father to me—when I got there Gibbs was holding him by the neck-cloth and collar—the prisoner did not complain of Gibbs's ill-using him—he wanted to give him into custody, but did not say for what—he said he would not mind going to White cross-street with a policeman, but would not go with Gibbs, but gave no reason in my hearing—he said Gibbs would not let him have the warrant, and I believe he said, if he had shown it to him at first he would have gone quietly.
COURT. Q. Was it after that he kicked him in the cad-box? A. Yes—nothing had passed between them on the road, before be got out of the cab at White cross-street he caught hold of the prosecutor's coat, and tore it across the skirts.
THOMAS BENJAMIN HOPKINS . I am a surgeon. About seven o'clock on Friday evening, September 2nd, the prosecutor called on me—I found an incision on the top of his head two inches and a half long—the surrounding skin was very much bruised and swollen, consequently I infer that it was produced by a blunt instrument—it was a very severe blow, such as a poker might have inflicted—the skull was not fractured—it was a blow likely to be attended with serious consequences—the bone of the skull was exposed the whole extent of the incision—he complained of sickness, of violent pain in his head, and giddiness, which would be symptoms naturally consequent on a severe blow on that part of the head—I attended him for about a week—I ordered him to keep to his room, to have low diet, and proper medicine—in my judgment it was necessary he should do so in order to avert serious consequences—there was a very extensive bruise on his left eye—if that had been from a blow with a fist it must have been a very violent blow, as there was extensive discoloration of the skin surrounding the eye—I applied leeches to the eye—he was very seriously injured, and until the present day he has occasionally complained of very violent pain in his head.
Cross-examined. Q. Did he come to you on every occasion? A. No—he did at first—I called on him the two following mornings, and the next morning he called on me and had his head dressed—the skin was cut—from the position of the cut I do not think it could have happened by falling on the edge of a piece of coal, because the incision was on a top of the head, and he could not well fall or be knocked down on the top
of his head, unless he fell from a height—the injury could not have been inflicted by falling on a piece of coal, a piece of coal would produce a similar injury, but not in the same place—it might have done so if he had fallen down stairs.
MR. JONES called the following witnesses.
ROBERT WEBLING . I am a well-digger and borer. On Friday, September 2nd, I was at Irongate Wharf, and saw Gibbs and Caperton come down the yard—Gibbs went into a little stable adjoining the prisoner's house, took a stable fork and put it in the outer door of the prisoner's house, then put in his fingers and wrenched the door—he put the teeth of the fork into the crevice between the door and door-post—I was in the camp shed, by the side of the canal, from twenty-five to thirty yards from the door—I could see distinctly what he was doing—it was between four and five o'clock—he opened the door and went up stairs first—Caperton was standing about four yards from Gibbs when he opened the door—he could see what he was doing—he could not be off seeing—he went in about two minutes after Gibbs—the stairs are very steep—it is like going up a ladder, and not above two feet six inches wide—I did not hear anybody inside call out before Caperton went in—I afterward saw them all three come tumbling down stairs together—I saw them in the yard down on the flag-stones, and I said to Gibbs, if he had broken open my premises and apprehended me in that way I would have served him worse than Hussey had—he was making great complaints and sending for the police.
ME. CLARKSON . Q. Where do you live? A. No. 25, Richmond-street, Portman-market—I have lived there eighteen months, and in the neighborhood all my life—I work for myself—I know very little of the prisoner—I have known him about two yean by unloading materials at his wharf, and he always wanted the money before I got the materials out of the boat—on this occasion I had a contract with Mr. Vale, of 167, Edgeware-place, and was waiting for a boat of materials coming in—I had not been on the campshed more than fourteen minutes, I should say—the prisoner had not seen me—I had not spoken to him—I did not remain in the same place all the while I was there, I walked about—I have been a well-borer since I have known what it was to do anything—I am twenty-four years of age—I have not brought the pitchfork with me—the prongs of the fork were about six inches wide—he put them into the crevice of the door, about the middle of the door as near as I can say, about where the lock or bolt may be—after he had got it open a little way he put his fingers in, and then the door came open and he went tip stairs—he left the pitchfork down stairs—I did not hear that he made any noise in forcing open the door, I was too far off—I did not hear the door creak or a noise of any kind—I did not look to see whether there were any marks of the pitchfork on the door—I held a situation as police-constable on the Great Western Railway two years back, for twelve or fifteen months—I cannot say exactly how long it is since I first went—it was about winter time—I did not exactly hold a situation as a constable, although I was a constable on the line, I did the Company's work as well—I was not an excavator—I was a well-digger and borer—I was a constable and followed that capacity at the same time—I left because I could better myself, for nothing else—I swear that—I wore the Company's uniform when I was not at work at ray well-digging—I left their employ about a year and nine months ago—I was never a journeyman Slater, that I positively
swear—I never worked for the prisoner or received payment from him for work—I do not know that I ever received any money from him in my life.
Q. Did it appear to you that the officer used great force to get the door open? A. Why if he could have got the door open with his fingers he would not have tried the pitchfork—he tried with his fingers first, and finding he could not open it he went for the pitchfork—he only had to walk round the corner to the stable—Gibbs was up stairs from three to five minutes—I should say Caperton went up not more than a minute after Gibbs—I am positive it was not two minutes—I have not sworn that it was—it was all perfectly quiet till Caperton went up, until they all three tumbled down together—I saw the prisoner's wife and daughter a few minutes ago—they are outside—I do not suppose the officers could have got in if they had not broken the door open—I have never been to Irongate Wharf since the 2nd of September—on finding the parties there in trouble I had my boat unloaded at another place—I was subpoenaed as a witness, as I was going into church last night, I do not know who by—I had made a common talk of this matter at public-houses where I have been—I was never examined by anybody as to the evidence I was to give—the prisoner's wife came to find me, knowing I was in the yard—I do not know Mr. Norton, the attorney—I do not believe I ever saw him—I never gave evidence to anybody as to what I could state till I came here to-day, but it is a great talk up at the west-end—the prisoner is well known in the neighbor. hood—I did not interfere to help Hussey—I did not stay till the police came, nor go to the station.
MR. JONES. Q. HOW old is the prisoner's daughter? A. About twelve or thirteen—that was the gentleman that subpoenaed me (Mr. Norton)—I did not know who he was at that time—Mrs. Hussey came to me to ask me to come here, and I told her what I had seen—I should not have come unless I had been subpoenaed.
MARY SMITH . I take in washing, and go out nursing sometimes—I went to the prisoner's premises on the occasion of one of his children being drowned, and was there at the time this disturbance took place—Mr. and Mrs. Hussey had been out together, and on their return I went down stairs, unbolted the door, and let them in—I had kept the door bolted during their absence—I was not aware at that time that he was in difficulties—I am sure I bolted the door after I let them in—there was a latch to the door, but it was broken, and the door was always bolted instead—there was one bolt where the latch should be—there was no lock—we always bolted it to prevent any one coming in till they were let in—after I had bolted the door again I heard a noise, which I found afterwards was the door burst open, but there is always a great noise down in the yard on account of the omnibuses and things—after I heard the noise Gibbs walked into the kitchen up stairs, where I was with Mr. and Mrs. Hussey and the children—I was going to get tea ready—he walked up to Hussey—I do not know exactly the words he said, but I heard Hussey say, "will you show your warrant? which he refused to do—he said, "No"—he did not produce any warrant that I saw—he said something, I could not understand what, and high words ensued between Hussey and him—he wished to take Hussey away—he went up to Hussey, and caught him by the collar as he was sitting in a chair—he did that before Hussey struck him—in fact there was a scuffle altogether, it was not fighting—one was
pulling one way, and one the other—the scuffle began soon after Gibbs came in—Hussey wished to stop in his place, and Gibbs wished to take him away—after there was a great noise, another man came up—they then got into a loft on the same floor where there were some coals, and they all fell down together—Gibbs fell on the coals—he seemed hurt with the fall—he complained about his head, and said he was hurt, and when the other man came they all three rolled down stairs together from the top to the bottom—Hussey never took hold of the poker or any thing else, and struck Gibbs with it—I did not see any poker used—the police were sent for—Gibbs and his man conducted themselves in a very rough way to Hussey—they all used bad language, both the officers and the prisoner—I do not recollect Gibbs saying any thing about fees.
MR. CLARKSON. Q. DO you know Mr. Norton, the attorney? A. I have seen him—I first saw him, I suppose, about a fortnight ago—I have seen him a great many times before this transaction—I have known him for several years—I have known the prisoner since 1834—I never gave Mr. Norton my evidence in writing—I have told him what happened—I do not know whether he took it down—it was about a fortnight ago, at his house—I was not sent for—I thought I was doing Hussey a service—I told Mrs. Hussey if I could do any good for the family I would go—nobody used any poker to the officer—I saw none used—if it had been I must have seen it—I saw the officer had got but one eye—I did not see him receive any blow in the eye—he got a blow somewhere on the back of his head from a fall—I did not see him get a blow in the eye from Hussey—if he had had one I should say I must have seen it—I do not recollect the prisoner saying before Caperton came up, "Fasten the door, and fasten the b—out"—that is a very common word with Hussey, but I do not recollect that he used it on that occasion—I will swear he did not say it in my hearing—he did not call out to anybody to bring him a knife or a hammer—I must have heard him if be had—I staid there with the children till the next morning—the children screamed "Murder"—Gibbs did not that I heard—there was a great deal of noise and swearing on both sides—if he had called "Murder" I must have heard it—I did not hear him—I would not take on myself to say he did not, on account of the children crying—it was a very loud noise:—Gibbs called out very loudly to some person, and Caperton then came up.
COURT. Q. Was Mrs. Hussey sitting down when this happened? A. No—she had just come in, and was taking off her bonnet and shawl—at the time they got the prisoner down at the bottom of the stairs, she said, "You shall not ill-use my husband"—she took no part in the disturbance—I did not see her touch either of the men—she did not take either of them by the hair—she was in such trouble with her child being drowned a few days before, that I think she hardly knew what she did.
T. B. HOPKINS re-examined. If the wound had been done with the edge of a large lump of coal, I should imagine there would be no black mark about it—it might have been done by falling down stairs, or by a blunt instrument, but not by tumbling on a heap of coals, as it was on the crown of the head—in my opinion it was produced by a blow, because the incision was straight, and the bone was exposed as far as the wound took any effect, so as an instrument might lay into the head.
when Gibbs was calling for assistance—it had not been broken open previously, to my knowledge.
(The prisoner received a good character.)
GUILTY of an Assault.— Confined One Year.
OLD COURT.—Tuesday, October 25th, 1842.
Second Jury, before Mr. Recorder.
MOSES and JOSEPH MYERS— GUILTY . Fined £5.
DANIELS, COHEN, and FINNEY— NOT GUILTY .
GUILTY . Aged 17.— Confined Six Months.
2774. WILLIAM HAWKINS was indicted for stealing, on the 1st of October, 3 coats, value 3l. 10s.; 1 hat, value 8l.; 1 spoon, value 1s.; 1 handkerchief, value 1s.; 1 box, value 6d.; 1 pair of gloves, value 1s.; and 1 screw, value 6d.; the goods of Henry Hewitson.
HENRY EYRES OLDERSHAW (City police-constable, No. 513.) On the morning of 5th of October, about twenty-five minutes to ten, I saw the prisoner in Lime-street, with this hat in his hand, and these coats on hit arm—I followed him into Bishopsgate-street, and there stopped him—I asked what he had—he said some things he had fetched from a gentleman in Rood-lane—I asked where he was taking them to—he said to his master's, Mr. Sayers, in Sun-street, Bishopsgate—I asked him to go with me to Rood-lane, or to tell me who the gentleman was he had fetched them from—he said, "No, come with me to Wilson-street, because my muter is waiting, to go off into the country"—I said he must accompany me to Rood-lane—as we were going along Fenchurch-street, he pointed to a court, and said, "That is where the gentleman gave me these coats, I was to meet him here at half-past nine, by order of my master"—I said as I suspected all along that he had taken the things dishonestly, I must take him to the station—on searching him, I found a skeleton key, a spoon, a pair of gloves, two silk handkerchiefs, a knife, the top of a ramrod, and a lucifer match-box—I went to a person in Fenchurch-street, whose name was in the hat, and in consequence of what I learnt there, I went to the prosecutor, who identified the hat—I then missed the other property—I afterwards tried the skeleton key to the door of the prosecutor's counting-house, and it opened it, and also the door of the room leading into his private apartments—it had been newly filed.
HENRY HEWITSON . I am a merchant, and live in Fenchurch-street. I know nothing of the prisoner—I believe this hat to be mine—I have worn it—these three coats are mine, also this silk handkerchief, this plated teaspoon, cigar match-box, ramrod top, and black kid gloves—they were all in my counting-house the preceding night—they must have been taken either while the servant was lighting the fire, and had left the door open,
or the door must have been opened by a skeleton key—I missed nothing but what was found on—the prisoner.
Prisoner. The gentleman said at the office that he had left the key in the door. Witness. I said the servant must have left the key in the door whilst lighting the fire, or else it must have been opened by a skeleton key—I can swear to all the things—I have worn the coat frequently—my initials "H H" are on the handkerchief, and my crest on the spoon.
Prisoner's Defence. I have a brother named Henry Hawkins, and there may be twenty handkerchiefs marked the same—I did not steal the things—I purchased them for 23s., of a young man who said he was going into the country, and wished to get rid of them—the key I picked up the night before in Tower-street.
GUILTY . Aged 19.— Transported for Seven Years.
2775. ELIZABETH ATKINS was indicted for stealing, on the 10th of September, 1 shirt, value 6d.; 1 shift, value 6d.; 2 pinafores, value 9d.; 1 table-cloth, value 6d.; and 1 handkerchief, value 3d.; the goods of Ruth Lunn.
MATILDA BEHDE . I am the wife of William Behde, and live in Shepherd's-court, Whitechapel; I keep a mangle. On Saturday, the 10th of September, between nine and ten o'clock in the evening, the prisoner came and asked if her mangling was done—I asked what it was, were they in a coloured handkerchief?—she said, "Yes"—I said there were five pieces—she said, "Yes"—I said they were 1d., which she gave me, thanked me, and said I should have more on Monday—I had a candle in each window—I could not distinguish her face at the door—I was not aware that I had given the things to the wrong person till Mrs. Lunn sent her son for them on Sunday morning—it was a strange bundle, I had forgotten who delivered it, and took it for granted that the prisoner came for that bundle—I had several bundles in the house.
Prisoner. I never was at your place. Witness. Yes, you were, and you had a basket with you at the time—I am sure you are the woman, from your appearance—you had a straw bonnet and shawl on.
RUTH LUNN . I live in Mulberry-court, Bell-alley, Coleman-street. These articles are mine—I took them to Mrs. Behde, to be mangled—I never authorised the prisoner to call for them—I never saw her till she was in custody.
DENNIS HUDE . I am an officer of Cripplegate Ward. I took the prisoner into custody at a Mrs. Cosham's—I found a basket at her feet containing two bundles—she was standing in the room—I also found on her a damson pie and the articles in question.
Prisoner. I never had the basket.
MARY COSHAM . The prisoner came to my house on the 10th of August, between four and five o'clock, and asked for her bundle of clothes—I gave her a bundle—she was afterwards brought to me by Mrs. Watson—she had a basket with her, which she laid down—she had it in her left hand, and a pie in her right—the officer took possession of the basket—it was in the same condition as when the prisoner brought it.
ELIZA WATSON . I live in Rose-court, Fore-street, Cripplegate. The prisoner came to me on the 10th of September, for a bundle of mangling—she had a basket, and a pie in her hand—I suspected she was the woman
that had taken a bundle from Mrs. Cosham, and took her there—she put the basket down in Mrs. Cosham's room.
The prisoner put in a written defence, declaring that she was not the person that obtained the things, and that the basket did not belong to her.
GUILTY. Aged 25.—Recommended to mercy.
2776. ELIZABETH ATKINS was again indicted for stealing, on the 10th of August, 3 sheets, value 6s.; 2 shirts, value 3s.; 2 bed-gowns, value 2s. 6d.; 2 curtains, value 1s.; 3 aprons, value 2s.; and 1 pinafore, value 1s.; the goods of Thomas Reynolds.
MARY COSHAM . I keep a mangle, and live in Chapel-street, Milton-street. On the 10th of August, between four and five o'clock in the afternoon, a little girl brought me a bundle of clothes to mangle, saying she would fetch them in a short time—about an hour afterwards the prisoner came and asked if her bundle of clothes was done—I asked her who had brought them—she said her little girl Lizzy—she said she had two children in the Cripplegate school, and I had some school aprons in that bundle—she said she was very ill, and that she expected to be confined, that she was in labour—I said if she was ill I would send them—she said I should not be long, she would take them—I did them, and delivered the articles stated to her—she gave me 2d. for mangling them—I sent my grandchild to follow her—she sent the girl back for a silk handkerchief, which she said was forgotten, and I then found I was robbed—I hare had to pay 15s. for the things.
Prisoner. I was never at this person's house until the evening I was given into custody. Witness. I am sure she is the woman.
ELIZA WATSON . I am the wife of John Watson, and keep a mangle in Rose-court, Fore-street. The prisoner came to me on the 10th of September, about twenty minutes past ten o'clock at night, and asked me if her mangling was done—I asked who she came from—she said from the second shoe-shop in Milton-street, which I knew to be false; because they had received their bundle—I asked her name—she gave me two names, Jones and Atkins—she had a basket with her, and I accused her of being the person that had been to Mrs. Cosham's, and got a bundle—she said I was mistaken, and not to be too hasty—I took her to Mrs. Cosham, and she recognized her.
CHARLES WELLS . I am son-in-law to Mrs. Cosham. I came in while the prisoner was waiting there for the mangling—I am certain she is the person—she was sitting in a chair, and she never cast her eyes up to look when I came in, as persons usually do—that caused me to take particular notice of her—she kept her eyes on the floor—I went out and came in again—my wife told me something, and I had a good look at her—I saw her again on Saturday night, and was certain of her.
Prisoner. He said he did not think I was the person, but that it was a person in the family-way very much like me. Witness. I did not—the moment I saw her I could have taken my oath of her, I was so much struck with her appearance—I had sat looking at her for ten minutes.
Prisoner's Defence. I never had the basket in my possession; I hope you will have mercy on me.
GUILTY . Aged 25.— Transported for Seven Years.
OLD COURT.—Wednesday, October 26th, 1842.
Third Jury, before Edward Bullock, Esq.
2777. JOHN TAYLOR was indicted for stealing 1 coat, value 7s., the goods of Francis Henry Watts; 1 coat, value 7s., the goods of Edward Revel Phillips; and 1 other coat, value 8s., the goods of Norton Revel Phillips: to all of which he pleaded
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 40.— Confined Twelve Months.
(The prisoner received a good character.)
2779. JOHN AVERY and SARAH DRYDEN were indicted for feloniously assaulting Eliza Butler, on the 26th of September, putting her in fear, and taking from her person and against her will, 2 half-crowns, the monies of William Frederick Butler; and beating, striking, and using other personal violence to her.
ELIZA BUTLER . I am the wife of Frederick William Butler, and live in King-street, Drury-lane. On the 26th of September, between half-past two and three o'clock in the morning, I was in Long-acre, going towards home—there were four men and a woman on the opposite side of the road—I heard them say, "We have got her now"—I had eight half-crowns in my hand, and no glove on—they crossed into the road—the others stood in the road, while the prisoner Avery came up to me, and shoved me—he momentarily showed me with his elbow, snatched at my hand, and took two half-crowns, and one fell on the pavement—I am certain of him—I screamed out—he said if I hallooed he would break my nose—he ran away—Dryden seized me by the throat, and said if I hallooed she would have my life—I swear she is the woman—she immediately hit me on the mouth—I called for assistance, and when she saw the policeman coming she let me go—the half-crown which fell was scrambled away—nothing more was done to me—I gave the policeman information.
EDMUND SWEENEY . I am a policeman. I apprehended Dryden between two and three o'clock in the morning, at the corner of Bow-street and Long-acre, within a few minutes of my seeing the prosecutrix, who pointed her out—I took Avery in Drury-lane, at half-past ten next night, told him the charge, and asked if he was in Long-acre between two and three in the morning—he said he was not—I asked him again in a few minutes, and he said he was.
AVERY— GUILTY . Aged 28.
DRYDEN— GUILTY . Aged 23.
Of robbery, without violence.—
Confined Twelve Months.
Before Mr. Justice Erskine.
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
JAMES BROOKER . I am a dealer in building-materials, in partnership with William Croker, and live in Gloster-place, Walworth-common—I purchased some houses in Lothbury, which were to be pulled down. On the 23rd of June I went there, and missed ten sashes from two of the houses—I afterwards found six of them at Mrs. Piper's—the prisoner has worked for me, but did not at the time in question.
ELIZABETH PIPER . I am a widow, and live in Bethnal-green-road. I deal in building-materials—these sashes were brought to my place in a truck, I believe by the prisoner, but he was so altered when I saw him it Lambeth-street, that I hardly knew it was him—he looks a great deal altered in size—I went to see him at the Compter, but could not recollect him—to the best of my belief he is the man—I paid him 2l. 15s. for the sashes—I was to have given 2l. 10s., but gave 2l. 15s. in mistake, and he would not return me the 5s.
WILLIAM GREIG . I work for Mrs. Piper. I remember three men coming with a truck and some window-sashes—the prisoner looks something like one of the men, but I cannot undertake to swear to him, he is so altered—he does not look quite so big a man—he looks something like the man in the face.
NOT GUILTY .
2782. THOMAS RUSSELL was indicted for feloniously assaulting Joseph Sutherland, on the 8th of October, and stabbing, cutting, and wounding him on the breast and left side of the neck, with intent to do him some grievous bodily harm.
JOSEPH SUTHERLAND . I work on board the barque Hydra, in the West India Docks—the prisoner was employed on board. On the morning of the 8th of October I went on board at half-past six o'clock, and went into the hold to get some gravel to holystone the quarter-deck—the prisoner came on board about seven, looked down the main hatchway, and said, "Is that lazy fellow there?" meaning me—I made no answer—I filled my bucket half full of gravel—I had a line made fast to it—the prisoner pulled it half way up the hold, and then let it drop again on my toes—he said that the mate had promised me 10s. if I got forward, and if I got 4s., it would be plenty for me—I came up out of the hold on to the quarter-deck, seized hold of him, and said, "If you won't keep your tongue off me, I will give you a slap in the mouth"—I shook him—he said, "You
forget yourself, you had best mind what you are about," and he picked up the carpenter's hammer to strike me—I took it out of his hand, and he directly picked up a five-inch spike-nail from between the fore and aft hatchway—I had not got the hammer in my hand then—I had dropped it—I cannot say whether he could see that I dropped it—he struck me with the spike-nail down the neck—I twisted it out of his hand—he then took the carpenter's chisel off the bench, and stabbed me in the breast with it—it penetrated through my waistcoat—I was not much hurt—it bled a very little—it was not done with much violence—it would have hurt me much more if it had been done with violence.
WILLIAM ELLIS . I am a ship-joiner, employed on board the Hydra. On the 8th of October, Sutherland came on board the vessel, and went into the hold—the prisoner afterwards came on board, came to my bench where I was working, and said, "Is that other, b—fellow come?"—I said, "Yes, he is down in the hold, where you ought to be"—he left me, and, I believe, went into the hold to Sutherland—about ten minutes after I saw them on deck carrying water to wash the quarter-deck—I saw them scuffling, but did not interfere, being busy—presently I saw the prisoner pick up the nail, and scratch Sutherland's neck—there were twelve or fourteen five-inch spike-nails on the spot—Sutherland then hit him two or three blows in the face, but left off on my telling him to do so—the prisoner immediately took the chisel from my bench, and stabbed at Sutherland—this is the chisel.
ROBERT TAYLOR . I apprehended the prisoner at the dock-gate, and told him it was for stabbing a boy on board the Hydra—he said, "I did it in my own defence, and because I am a Creole no one will take my part"—I found this chisel on the carpenter's bench and this nail was given me hy the carpenter.
GEORGE BETSON . I am a surgeon, in High-street, Wapping—I examined the prosecutor's neck and saw a superficial lacerated wound about two inches and a half long, it was a scratch—I also found a punctured wound on the breast bone, about a quarter of an inch in extent and nearly the same in depth.
Prisoner's Defence. I went on board and told him to make haste, as I had to go up to the officer's house in the morning; he said he had nothing to do with that; I hauled the bucket up but it was not full, and I lowered it again; he came up, and I said the bell had gone eight o'clock, and I must start; he said that was no business of his; I said it was a great deal of business to me, because the mate would ask me if the work was done; he said, "Let me have none of your cheek or I will slap your face;" I said I would tell the mate if he did, and he gave me two slaps, on the quarter-deck; I ran on to the main-deck and caught up the hammer to keep him off; I did not strike him with it; he took it from me, and went on striking me on my shoulders; I saw the nail on the deck and took it up, and told him to keep off; he came to hit me again in a violent passion and the nail cut him; he took it away and beat me again; the chisel was standing by; I took it up, and told him if he came in contact with me again I would strike him, and he did so.
GUILTY. Aged 15. Of an Assault.—Recommended to mercy by the Jury and Prosecutor. — Confined Three Months.
OLD COURT.—Thursday, October 21th, 1842.
Fourth Jury, before Edward Bullock, Esq.
GUILTY . Aged 43.— Confined Three Months.
CHARLOTTE CROXTON . I am single—on the 8th of October about three o'clock in the afternoon, I was in Oxford-street, and felt myself very much pushed against, but did not feel my pocket touched—the prisoner passed me a moment after, and turned up Market-street—I missed my purse, which I had felt safe a few minutes before when I used my handkerchief—it contained two sovereigns, three shillings, and a fourpenny-piece—I went after him to the top of the street, and asked if he had taken my purse—he said, "No, but I will show you the man who has"—he turned back to Oxford-street—I followed him—he saw somebody coming and ran away—I followed, calling "Stop thief"—I found him in custody at Marlborough-street office with the purse produced, which is mine—the money is still in it.
Cross-examined by MR. CHARNOCK. Q. Was the push after he passed you? A. Before—he did not say he thought he could show me the man.
JOSEPH LAMBERT . I am a smith, and was at work in Nag's-head-yard, Oxford-street—I heard a cry of "Stop thief," and saw the prisoner running towards a dunghill in the yard, he stooped down and dropped something which he covered over with loose straw, and then went round the building—I followed him into Blenheim-street, and saw Ratcliff secure him.
Cross-examined. Q. When did you first say he covered it over with straw? A. I believe I told the Magistrates so.
HENRY RATCLIFF . I am a smith—I saw the prisoner run by the shop door in Nag's-head-yard, about three o'clock, and hearing a cry of "Stop thief," I ran out and said, "Halloo, old boy"—he passed me, and went round—I went to my work again, but heard something—went to the dunghill and found the purse—I then went and took him.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Justice Maule.
2785. EDWARD BANISTER and JOSEPH CAMPBELL were indicted for feloniously procuring from Isaac Hartwig, a forged Bank-note for 500l., knowing it to be forged, with intent to defraud the Governor and Company of the Bank of England.
MR. ATTORNEY-GENERAL, MESSRS. ADOLPHUS and CLARKSON, conducted the Prosecution.
No. 4 Grocers' Hall-court—I found the two prisoners there—I found a quantity of Bank-notes apparently, lying open on a deak, about two feet from both the prisoners—Banister was standing in front of the desk, and Campbell at the back part—I found an engraved plate in the hand of Campbell—I found four good 5l. notes, one 10l. note, and 6l. 10s. in gold on Banker—I gave them to Mr. Fresh field—the notes and plates produced are what I found on the desk—this note is one of them, and these are three of the good notes I found—I asked Banister if his name was Banister—he said, "Yes"—I turned, pointed to the notes, and said, "Halloo, what are you going to do with these?"—he paused a moment, and then said, "I was not going to do any thing wrong with them"—he did not then say what he was going to do with them—I searched the desk, and found a quantity of papers there, one of which was the agreement produced—after searching the desk, Banister said, "I intended to give them to the hawkers as a kind of attraction"—I then asked Campbell who he was—he said, "I am the servant of Mr. Banister"—Banister said nothing to that—I took them away.
The papers produced were as follows: "19th Sept. 1842. Hartwig and Co. agree with J. Collins, to engrave an exact representation of a Bank of England note, word for word in every respect, as regards the quality and thickness of paper, for the sum of 35s.; and to print a certain number by Friday evening, the 24th of September; and this is to certify, I have received 1l. on the same agreement for Hartwig and Co.
G. W. COLLINS." (The other was an agreement by Campbell, to pay the amount named in the agreement. A paper was also read with these words, "Ask if the change in number makes any difference" with several numbers and names.)
Cross-examined by MR. BODKIN. Q. How long had you been in communication with the engraver before you went to the house? A. I think four days, and may have seen him four or five times—I was aware what was in progress—it was under my eye—I was aware when I went to the warehouse that the plate and notes would be there—it was agreed I should go there to seize them a few minutes after they got there—it is an ordinary warehouse on the ground-floor—there was no difficulty in entering—I found a good many commercial papers there—my communication with the engravers was in consequence of a communication with the Bank.
Cross-examined by MR. BALLANTINE. Q. I believe you went to search Campbell's house? A. Yes, I found nothing there connected with this matter.
JOSEPH FREEMAN . I am an inspector of Bank-notes at the Bank of England. This 5l. note (looking at one) is a genuine Bank-note—this other is not genuine, and is not signed—with that exception it is a resemblance of a genuine Bank-note, word for word, and in my judgment likely to mislead persons if it had a signature—the plate produced is not the plate of a genuine note—it is the plate from which this note-has been struck, in my judgment—all the notes in this parcel appear to be from the same plate—it is nothing like Bank paper, and has no water mark, but is quite sufficient to deceive those who are not judges—it is like it in thickness and feel—with the exception of the word "hundred" after the "five," these notes are an exact imitation of the genuine note handed to me.
GEORGE WEBSTER COLLINS . I am a copper-plate engraver, in partnership with Mr. Hartwig, at No. 1, St. Mary Axe; my partner has printed and issued what are called flash notes. In the beginning of September the prisoner
Campbell came to me—Hartwig was present—he asked if we could engrave an imitation of a Bank-note—I showed him one engraved as the "Bank of Engraving," and asked if it was something like that he wanted—he said "Yes, only on better paper"—I agreed to engrave a plate for about 21s., and pull them off at 5s. per 1000—he told me he came from Mr. Banister, Grocers' Hall-court, without my asking him—in the conversation he said he applied to me through buying one of our notes from a hawker in the street—he said he would call again, which he did, in about a week or ten days—my partner saw him first—I was called, and he asked me if instead of putting "Bank of Elegance or Engraving," I could put "Bank of England"—I said we could put any thing that was required, but as they were strangers, they must bring a deposit before I could take the order—he said the object was to sell them at New Zealand—he left, promising to consult Banister—he called again on Monday, the 19th of September, at Mr. Hartwig's house—I was there, and we all three went over to the office together—he said he had now come to give us the order, and produced a card of Thomas Banister, merchant, Grocers' Hall-court—he spoke again of the price—I said to engrave an imitation Bank-note well, I should want 50s.—he said Mr. Banister would not mind if it was done nicely, after it was executed he would not be particular—I wanted 2l. deposit, but agreed to take 1l.—he said, "Whatever you undertake to do must be done by Friday," as he was going to leave Mr. Banister to go to New Zealand, and wanted to take the notes with him—I saw him again in about half an hour—Mr. Hartwig was present—he brought a sovereign as a deposit, and wrote the draft of the agreement produced—the two copies are what I took from the draft at his request, and he destroyed the draft—I signed both copies, and he signed one, which he took away—I retained the other—he promised to call again in two or three hours with a genuine note for us to copy from—in this stage of the business, before he brought it, I communicated with Mr. Bush, of St. Mildred's-court, the solicitor of the Bankers' Association, who I knew—Hartwig went with me—I fully communicated to Mr. Bush all that occurred, and acted under his and Roe's direction—about half-past two o'clock Campbell returned, with a 10l. and 5l. notes—this is the 10l. note, No. 17941 and this 5l. note, No. 74555, is what he brought with the 10l.—I am positive I have seen both these fives—I made a memorandum of the notes, which I have here—I called his attention to the difference between the 5l. and 10l., and asked which of the two we were to copy—he said he would go and consult Mr. Banister, and let us know on the following morning—he asked for his per-centage, and received 1s., as five percent. we were to allow him for any order he brought—I then said to him "Are we not running a great risk?"—he said, "No, I know what I am about, I am no fool"—before he left, he said, if I paid attention, and got it done nicely, Banister, his master, would not be particular to a pound or two—on arriving at the office next morning, Tuesday the 20th, I found him there—he brought the same 10l. note as he had done the previous day, and asked how we were getting on—I said, "Very well," and said, "Now are you aware what you are about?" (he had come and said, instead of making it a 5l. or 10l., I was to make it a 500l. note—he did not say which we were to copy)—I again asked him if we were not running a very great risk—he said no, we were running no risk, they would not be signed and he wished me to take the whole management—I promised I would
gets proof ready by the following morning—I asked him to leave the note—he said he would not leave it, but would stay any time, and come at any time we wanted to copy it, if it was all night—this was the 10l. note—I appointed to meet him the following morning at ten—he called—I told him the proof was not ready, but I would shortly bring it to Grocers' Hall-court, or I should want him to bring a note to compare, to see how we were going on—we parted at the end of the gateway—on leaving the office, about an hour after, I observed Campbell just outside, as if he was watching our premises—I walked up Camomile-street with him, and again asked if we were not running a very great risk; if he really knew what he was about, should we not get into trouble—he said no, it was all right, he knew what he was about—shortly after I went to Roe, at Guildhall—up to that moment I had not touched the copper, it was not even made a plate of—I am not practically an engraver, but after seeing Roe, I applied to Mr. Ash to execute the plate—he came to me—I immediately went to Grocers' Hall-court—I saw both the prisoners—Banister was engaged talking to a gentleman—I had no conversation with him, I merely told Campbell I wanted one of the notes to compare, while I was engraving—he said, "Well, go on, I will follow you;" and he was at our office in a minute and a half after me, bringing the 5l. note—I gave it to Mr. Ash, and told him to take his directions from Campbell—I did not hear what directions be gave—Ash afterwards went with me to Mr. Bush—we took the plate to Mr. Bush, to satisfy Ash that he was in no danger—I then took it to Grocers' Hall-court, and snowed it to Banister—both the prisoners were there—Banister saw it—I told him we were getting on very well with the plate, and he might see it—I said, "Really, the price you have bound us down to, 35s., is too little to execute it properly; it ought to be at least 50s."—he said he could not give that, and would have his sovereign back—Campbell then stepped up, and said, "I have promised him, if he gets it done nicely, you will not be particular to a few shillings"—I said, "Well, I will get it done, and leave it to your generosity"—on the following morning some impressions were struck off—I immediately took one to Roe, who accompanied me to Mr. Freshfield—I and my partner went to the prisoners' warehouse, with an impression, and showed them one—Banister taking hold of it said, "Ob, this will be of no use to me, unless you get the watermark"—I said we could not—my partner said, "Well, we will use our endeavours"—I said, "It is impossible to produce the water-mark; you might as well ask me to get a Bank-note itself"—we left, shortly after returned, and told him if he wanted the water-mark, he could put it in afterwards—I should observe that he said he was very glad we had returned, as he was thinking of sending Campbell over to the Mayor about us—I told him I would do the best I possibly could, and let him have 100 about five o'clock—I then left him—the plate itself had no number on it—at one time, we were to print 1000 in numbers, commencing from 4574, and go on progressively—the numbers would be done by the hand—I got 100 struck off, and about five o'clock my partner accompanied me to Banister—(I had apprised Roe that I was going with the notes)—I delivered the notes, and my partner the plate—I put them on the desk—I had numbered a few of them—Banister said, "These are no use; the numbering might do, but as to the water-mark, you promised to do it"—I said we had not—he opened the desk, and took out one of the agreements—I said I had not promised to get the water-mark, I had done the best I possibly could, and pressed
for payment—my partner said, "We have really done our best"—Camp. bell said, pointing to Banister, "I really believe Collins has done his best; but if left to you they would not be done at all"—he did not pay me, and while they were viewing the plate and notes we left.
Cross-examined by MR. DOANE. Q. On the 19th, when the agreement was made, you had not been in communication with Mr. Bush? A. I communicated with him that day, the very instant I received the agreement—I saw Mr. Freshfield a day or two after, I think not till the Friday—I saw Ash on Wednesday—I communicated from time to time with Roe—it was in consequence of directions I received that I took the notes and plate, and left them at Banister's—I saw Banister before I saw Mr. Freshfield—I had seen Bush and Roe before I communicated with Banister, but not Mr. Freshfield—Banister found no fault with the work, but with my wanting more money for it—he said they were no use, as they had not the watermark—I should not have engraved the plate without authority.
Cross-examined by MR. BALLANTINE. Q. For how many was the 1s. Campbell received? A. For the sovereign deposited—he had represented that he could get us work—this was a commission for work he could bring from his master's—we have printed several thousand flash notes—many resemble Bank-notes more than these.
FREDERICK ASH . I am an engraver. I was applied to by Mr. Collins about engraving a plate representing a Bank-note, on Wednesday, the 21st of September—he explained to me the circumstances—I objected at first without seeing Mr. Bush myself—before I saw Mr. Bush I saw Campbell at Hartwig and Collins' office—he produced a 5l. note, and said he wanted one engraved similar to that, with exceptions, which was to add "the hundred," and the letters across in the figures; he said, instead of 22 in the margin, he thought the higher notes were different, and I was to make it 2—while I was tracing the 5l. note, going over the Britannia, he said, "You most be particular about that part"—I said, "Oh, very well"—he did not leave the note with me—I had an outline by the tracing which I made, and trusted to my memory to finish it—this is my tracing—I engraved the plate from that—I went to Mr. Bush with Collins, explairied what I was about, and received his authority for going on, and to do what the parties required—I went from Mr. Bush to Grocers' Hall-court, and saw both the prisoners—they both saw the plate—Collins made some remark about the price, which I did not notice—I took the plate out of my pocket, and showed it to Banister—I completed it, and got paid for it—this 5l. note is the one I traced.
Cross-examined by MR. BODKIN. Q. Where is your place of business? A. In Cornhill.
JURY to MR. FREEMAN. Q. Are the figures of large notes different to small ones? A. Yes, this is an exact imitation of a 500l. note.
Before Mr. Justice Erskine.
2786. WILLIAM RUSSELL was indicted for stealing, on the 11th of October, 1 sovereign and 1 half-sovereign, the monies of Her Majesty's Postmaster General.—2nd COUNT, stating it to be the monies of William Blott.—3rd COUNT, stating it to be the monies of John Playle.
MR. ATTORNEY-GENERAL with MESSRS. SHEPHERD and ADOLPHUS
conducted the Prosecution.
JOHN PLAYLE . I am an assistant-inspector of letter-carriers, at the General Post-office. The prisoner has, I think, been in the Post-office about nine years—his delivery is in Palace-yard, Westminster. On the 10th of October, I enclosed a sovereign and a half-sovereign in a letter—Mr. Russell, another assistant-inspector, was by at the time—I had marked the sovereign and half-sovereign on the 27th of September, and Mr. Russell at the same time marked them on the other side—we handed them from one to the other to mark them—I left them with Mr. Russell on the 10th of October—I had had them in my possession part of the interval—I looked at the sovereign before I enclosed it, and saw that it then bad on it the marks I had made—about half-past ten o'clock next morning, the 11th of October, I went to the house of Mr. Tucker, an upholsterer, in Great College-street, near Westminster Abbey—the prisoner had an assistant named Dowries, and Mr. Tucker's house is in Downes' delivery—in the regular coarse, all the letters would come first into the prisoner's hand, and he should distribute to Downes those belonging to his delivery—Mr. Russell went with me to Mr. Tucker's—the letter should have been delivered there about ten o'clock—I saw Mrs. Tucker, and inquired of her for a letter—she did not produce any letter to me—after going to Mr. Tucker's, I went to the neighbouring post-office, No. 2, Mil bank-street—the prisoner had been there to sign his card, showing the time he had finished his delivery—the prisoner had taken the card away with him—this is the card—it states that he had finished his delivery at ten minutes before ten, and is signed by the prisoner—about two hours after I went to the prisoner's lodging in Gibraltar-row, St. George's-fields—I went alone—I brought him with me from his lodging to the inspector's room at the Post-office—he was then asked if be remembered seeing a letter directed to Mr. Tucker, upholsterer, No. 20, College-street, Westminster—he said he had no recollection of having seen such a letter—be was then told that such a letter was known to have been in his possession that morning, and it had not been delivered, and that it contained money—Tyrrell, the officer, was present, and searched him—he made no objection to being searched—a sovereign, a half-crown, and other silver were found on him—I examined the sovereign, and immediately saw it to be the same which I had enclosed in the letter the previous day—he was asked how he became possessed of the sovereign—he said he had had it some time, and had brought it from home with him that morning—this it the sovereign—I have no doubt about it.
Cross-examined by MR. CLARKSON. Q. I suppose Downes is also an officer of the Post-office? A. Yes—he had been the prisoner's assistant for three or four weeks—he was only an occasional assistant, in consequence of the regular assistant being ill—the assistants occasionally assist in sorting the letters, both in the absence and presence of their principal—I think it was Mr. Peacock that told the prisoner it was known that such a letter had been in his possession that morning—it was not explained to him how it was known—the witness Rice is here to explain how it was known—he is a superintendent of the sorters in the Inland office—the prisoner was first asked whether he had any objection to be searched, and he said, "None in the least"—I am not aware that he took his money from his pocket himself, and put it on the table—he assisted in taking his
coat off—I did not see the money produced—for aught I could discover to the contrary, the prisoner had discharged his duty in the ordinary course that morning—I made the same inquiries with reference to Downes—I found that he had signed his card at a different house from that at which it was his duty to sign it—it was about half-past twelve o'clock when I took the prisoner to the Post-office.
Q. Did you tell him that a person had come to the Post-office about a letter, and said it had contained a 5l. note? A. I said something of that sort—I told him a person was making inquiry at the office about a letter, out of which a sovereign had fallen in the morning—I think I said the person said it ought to have contained a note—I cannot say whether I said a 5l. note—it was not a sovereign, but that was another letter—I am not aware that there is any other indictment against the prisoner—he expressed his readiness to come to the Post-office to give any explanation about the letter of which I spoke to him, not about the letter he is indicted for—I did not explain that to him—in the course of that morning, before this occurrence, the prisoner had gone to the authorities of the Post-office with a sovereign, which he said had dropped out of a letter—I was not present at the time, but I know it from the Post-office authorities—no person came to the Post-office to claim a sovereign which had dropped out of a letter, to my knowledge—if such a thing had happened I think I should have heard of it some subsequent morning—I never heard of any such transaction—Downes was not taken into custody—he was taken before the authorities of the Post-office, but I think he was not examined, because, before be came the prisoner had been searched, the marked sovereign found, and there was no necessity for further examination—we knew not who had it before it was found—the letter in which the sovereign was enclosed would be in Downes's delivery—Downes was required to come into Mr. Peacock's presence, and give an account of the transaction—he was sought for for that purpose—the sovereign was found on the prisoner, perhaps half an hour before Downes arrived—Downes was severely reprimanded by the president for signing his card at a house where he had no business to sign it—he was told that his situation was in jeopardy for such conduct—I saw a sovereign that morning in possession of Mr. Kelly, the superior of my department, which was said to have been delivered by the prisoner—I did not see it in Mr. Wynne's possession.
MR. ATTORNEY-GENERAL. Q. Did he bring any sovereign to you? A. No—I did not see the sovereign in his possession.
ANN TUCKER . I live at No. 20, College-street, Westminster Abbey, with my son, who is an upholsterer. On the 11th of October last I received no letter directed to Mr. Tucker, or any letter of any sort—none arrived—I was at home the whole morning—my son left home at nine o'clock, and did not come home till five—I was the only person at home—no letter reached me.
THOMAS RUSSELL . I am an assistant inspector of letter carriers. On the 10th of October I saw Mr. Playle put a sovereign and a half-sovereign into the cover of a letter—it was sealed up, and it was given into my possession—I locked it up in my desk, and gave it to Rice, the sorter, next morning—I gave him no instructions—I had marked the sovereign and and half-sovereign so as to know them again—this is the sovereign that was put into the letter—I saw it again on the morning of the 11th, after it had been taken from the prisoner's pocket, and knew it again directly.
Cross-examined. Q. Early that morning, did the prisoner come to you with some letters which he had to deliver, and a sovereign? A. He did, about half-past seven o'clock, with about a dozen letters in his hand—he said he had found the sovereign among his letters, and he supposed it had fallen out of one of them—I told him to proceed in the ordinary course in such cases, to take it to the president of the Inland office—I was at my desk when he came to me—I cannot say whether I had left my desk for a minute or two before—it is possible—I am frequently called away—I examined the letters he produced to me, and one letter was selected as being likely to be the one out of which the sovereign might have dropped—I have since seen that letter—Mr. Playle showed it to me this morning—it has some writing of Mr. Wynne's on it—if any inquiry had been made at the office for a sovereign lost out of a letter that morning, I have no doubt I should have heard it—I am not aware of any such application being made.
MR. ATTORNEY-GENERAL. Q. You say the prisoner brought you a sovereign, is that sovereign in Court? A. It is—this is it—(produced by Mr. Playle)—it is marked—I know it as such—I saw it put into a letter that morning—it was put into the letter out of which it was said to have fallen—this is the letter—(produced by Mr. Playle)—the sovereign was put into this letter at the same time the other was put into Tucker's letter—the sovereign was first wrapped in the enclosure, and then the whole was put in the envelope—the fly leaf was opened—it was put into that sheet, and folded—I am convinced that the sovereign could not have dropped out of that letter—I had seen this letter about a quarter of an hour or twenty minutes before the prisoner brought it to me—it was not open then—the sovereign was put into this letter by Mr. Playle, in my presence, at the same time the other was—it was locked up with the other in the desk, given to Rice with the other, and brought out by him—the prisoner pointed out to me how the sovereign had got out of the letter—he said it had fallen out—he brought me several letters, and said it had fallen out, he could not say out of which it had fallen, he supposed it must have fallen out here—there is an opening in the letter which would let it out—there was no such opening, or any thing of the kind when I saw the letter a quarter of an hour before.
MR. CLARKSON. Q. Is this writing on the letter the handwriting of Mr. Wynne, the president? A. Yes, it is—(reads)—"If any thing has escaped from this letter, application to be made to the Secretary, General Post-office"—that letter has since gone through the Post-office to the person it is addressed to—it is directed, "Mrs. Jones, at Mr. Jeane's, North-street, westminster"—it is the writing of Mr. Playle's servant.
JOHN PLAYLE re-examined. I have the sovereign that was taken out of the letter addressed to Mrs. Jones—it is a marked sovereign—I folded it up in the letter myself that morning—there was no fracture in the cover at that time—this letter was prepared with the sovereign in it in the same way as the other, to see if anybody would take it—I am not aware that Mr. Wynne knew anything of these letters being trap letters—I saw this letter again about half-past ten o'clock that morning—I examined it to see how the sovereign had got out—it appeared to me that it had come out of this fissure or break, but I cannot tell by what means—I am confident it could not have dropped out. MR. CLARKSON. Q. When the letter was brought to you at half-past
ten o'clock, was the seal unbroken? A. Yes—it was the same seal I had put on it—this is the fissure of which I speak—(pointing it out)—has become enlarged since—the sovereign was in the middle—there is a break in the enclosure corresponding with the envelope—I am quite sure that fissure was not there when it was in the hands of the Post-office autborities, before it was put on the prisoner's desk—I believe these trap letters, were known to the Postmaster-General—I believe it was by his sanction that Mr. Kelly, my superior, desired me to take the steps I did—he desired me to make the trap letter—I cannot say in whose possession this letter has been up to yesterday—I had it yesterday from Mr. Brodie, a gentleman is the Post-office, and have had it ever since—I have kept it in my pocket—I have prepared a great many trap letters, about a dozen, within the last twelve months, not more—Mrs. Jones is not here, nor Mrs. Jeanes—my servant, Norah Murphy, wrote this letter.
MR. ATTORNEY-GENERAL. Q. Did you ever prepare a trap letter with out directions from your superior? A. Certainly not—two were prepard that morning—I identified the sovereign which came out of this letter, about twelve o'clock that morning—it was then in Mr. Kelly's possesion, and the sovereign taken from Mr. Tucker's letter I identified about half an hour before—I did not see it produced—my back was towards the prisoner at the time—the sovereign was given me by Mr. Blott, clerk to the superintending President.
HENRY RICE . I am a sub-sorter in the General Post-office. Mr. Russell gave me two or three letters on the morning of the 11th of October—one was directed to Mrs. Jones, at Mrs. Jeanes, North-street, Westminster—this it it—I felt it at the time I received it, and know that it contained coin—all the letters did not contain coin—one other did—I placed this and another directed to Mr. Tucker in the Palace-yard district, in the Inland office, among the other letters—they remained there till Kingsford, the collector, took them away, two or three minutes after.
ROBERT KINGSFORD . I am a letter-carrier in the Post-office. On the morning of the 11th of October I collected the letters which were sorted and took them to the different letter-carriers' seats—I took the letters within the Palace-yard district to the prisoner's seat—if a letter directed to Mr. Tucker, College-street, Westminster, had been sorted there, I should have taken it—I do not look to see if the letters are properly directed—I tike all I find in the letter-carriers' department.
DANIEL DOWNES . I am a sub sorter—I act occasionally as an assistant letter-carrier—during the absence of letter-carriers through illness or other causes, if there are not a sufficient number of letter-carriers the subsorters occasionally take their place. On the morning of the 11th of October I assisted the prisoner—he divided the letters between us—if there was a letter directed to Mr. Tucker, of Great College-street, it would have been in my delivery—I had no such letter.
ROBERT TYRRELL . I am an officer. I searched the prisoner, about eleven o'clock, on the 11th October, and found this sovereign, a half-crown, a shilling, three sixpences, and a fourpenny-piece in his trowsrs' pocket—I think he might have been asked whether he had any objection to be searched—he made no objection—I found two stamps in the lining of his hat, which appeared to have come off of letters—I asked him where he had got the sovereign from—he said he had had it some time, that he had brought it from home that morning.
Cross-examined. Q. I believe before you began to question him, you told him not to criminate himself? A. Yes, and that he need not answer unless he liked—I then asked him about the sovereign.
GEORGE HUDSON WYNNE . I am a president in the Post Office. On the 11th of October, the prisoner brought me a sovereign and some letters, stating that he had found, a sovereign among his letters—I do not recollect that be suggested any letter as the one out of which it had come—I examined the letters—this is my writing on the back of this letter—I wrote it, at it struck me to be the most likely letter from which the sovereign had escaped—I was not aware that there were any trap letters that morning—I do not recollect how many letters the prisoner brought to me, or whether he drew my attention to this letter himself.
Cross-examined. Q. Were there as many as twelve or twenty letters? A. Not more than four or five, I think—Mr. Russell was not with me—I did not mark the sovereign which the prisoner gave me—I did not know that it was marked.
MR. CLARKSON called—
ALFRED WILLIAM COOPER . I am one of the sub-sorters in the Inland Office of the General Post Office. Between six and seven o'clock on the morning in question, as I was standing sorting, the prisoner touched me on the back and said, "Fred, look here"—I turned round—he had some letters in one hand, and a sovereign in the other—he said it bad dropped from one of those letters—I said, "Do you know which?"—he said, "No, I don't"—I said, "Look at them"—he immediately put the letters on his seat and looked over them, and I looked with him—he came to one with a blue stamp—this is the letter—he said, "I think this is it, here is the mark of the coin; this is the letter; I shall give it to Dowries to put the sovereign in his pocket, and he can deliver the letter"—I said, "Yon are not going to be such a fool as that, are you? supposing it should contain two sovereigns, and that one has dropped out before it was posted, or if it should be remaining in the bag, or dropped in the Inland Office"—a person named Hammond, who sat on his right-hand, advised him to do the same—I advised him to take it to Mr. Russell, which he did—I cannot positively say whether he put the sovereign into his pocket—I was in conversation with him on the subject, about five minutes before he went to Mr. Russell—I should not have observed what had occurred if he had not called my attention to it.
JOHN PLAYLE re-examined. This is the sovereign out of the letter with the blue stamp—I marked it with a bradawl with a slight dot against the initial letters "f d," and here is the mark quite plain—all the other sovereigns I had marked were marked every one quite differently—the sovereign put into Mrs. Jones's letter is of a different reign to this—I marked that before the letter "G," being one of William the Fourth—they were selected purposely—Mr. Russell saw both sovereigns at the time—he saw me mark them on one side, and I saw him mark them on the other—he put a similar dot made with the same bradawl underneath the dragon, on one sovereign, and underneath the shield on the other—this is the sovereign I put into Mrs. Jones's letter—I am certain of it—I made a memorandum at the time—they were marked a fortnight before I put them into the letters—they had been kept some time in my drawer in the office, and sometimes they were used for the purpose of placing them in letters—I noticed the
marks on the sovereigns on the morning of the 10th, when I put them into the letters, and so did Mr. Russell—I am positive of both of them.
GUILTY . Aged 32.— Transported for Seven Years.
First Jury, before Mr. Recorder.
2787. SELINA ANN HANSELL was indicted for stealing, on the 30th of September, 1 watch, value 1l. 10s.; 1 seal, value 8s.; I watch key, value 2s.; and 1 watch-chain, value 1s.; the goods of Joseph Kim. ber, her master; to which she pleaded
GUILTY. Aged 15.—Recommended to mercy by the Prosecutor.—
2788. ROBERT FLETCHER was indicted for a robbery on John Stedman, on the 14th of August, putting him in fear and danger of his life, and taking from his person, and against his will, 1 watch, value 30l, and 4 shillings, his property: and immediately before, at the time of, and after the said robbery, beating, striking, and using other personal violence to him.
JOHN STEADMAN . I lodge at the King's Head, King-street, Park-lane, and am a servant out of place. On the 14th of August, at near ten o'clock, I was going through the Green Park, towards the Duke of Wellington's—I passed three men, two together, and one a little a-head of them—after passing a few yards in advance of them, I received a severs blow on the back of my head, sufficient to throw me on the ground—I was going the nearest way to Constitution Hill, in a direction from the Duke of Sutherland's—when I fell, one immediately knelt on my chest, and held me so tight by the throat, I was nearly strangled, while the other two robbed me of my watch, and 5s. or 6s. in silver—there were three of them engaged about me—my trowsers were rent to get at the pocket where my money was—after receiving the ill usage I was left senseless on the ground till near one o'clock—I suppose they all left me together—I met the prisoner about a fortnight after in the Strand—he immediately turned round and ran away from me—I knew him, as I saw his features distinctly by the light of the moon, while being robbed—I received the blow before I was robbed, but one held me so tight by the neck I could not halloo out, as I wished to do—I could well see the prisoner—he was dressed the same as when apprehended, in a green coat, yellow buttons, and light hair, rather curled—I saw him again on the 6th of October, in Bond-street—the moment he saw me he made a dead stop—I looked at him—he turned round and immediately ran away into Burlington-gardens and Cork-street—he was stopped by a young gentleman, who he broke from, and was stopped again at the corner—I said to him, "You are the man who stole my watch—he said he was going to an hotel in Bond-street to take up a 10l. note that was waiting for him there, and he would present me with that, and take me to some friends of his who had several duplicates of gold watches (I had not mentioned that mine was a gold one, but it was so) and he had no doubt but mine was one of the number—he said they were friends of his, and a person named Stringer, who was already transported, and Fitzgerald, for assaulting a person in Hyde Park—he said if I insisted on giving him into custody, I should never get my watch, but if I would forgive him I should have the 10l. note, and eventually get my watch, as the
person who actually stole it was transported—that was Stringer—I got a policeman and gave him in charge.
Cross-examined by MR. CHARNOCK. Q. What are you? A. A servant—my last place was as footman to the Archbishop of Canterbury—I left him to get a place out of livery—I was with him twelve months but since that I lived, with Lord Huntingtower—I left him, as his establishment was broken up about five months ago—I have been stopping where I now am—my means of recollecting the prisoner was after I received the blow—I am supporting myself with what I saved in service—I lived some years with the late Duke of Bedford and others—Mr. Trevaner was not my master—I never received a gold watch from him, nor anything more than half a sovereign or so for attending to him, he being lame for years before his death—I once lost a gold watch while I was attending the Archbishop of Canterbury at his carriage in the park—I gave thirty guineas for that and twenty-five for the one I have now lost—his Grace was kind enough to add part of the money, as I had lost the first watch in attending him between Lambeth-palace and Buckingham-palace the night the Princess-royal was christened—I lost it while I was behind the carriage—it slipped somehow out of my waistcoat pocket—I had three hundred bills printed and advertised it—I had no guard chain, I bad a black ribbon to the last watch, which was broken in taking it from me—I was going home from Lambeth on the evening of the robbery—I frequently call there to see the servants—I do not frequently go through the park at night—it was my nearest way—I did not think it unsafe—I was perfectly sober—I did not see any person pass while I laid in the park—I laid just turning round the bend at the top of the park on the gravel path—the gates close at ten—I had seven or eight minutes to get out, for as I passed St. James's Palace the clock struck the quarter—I did not come to myself until near one—there are not policemen in the park at that hour, to my knowledge—I had several minutes to look at the prisoner while he robbed me, it was two or three minutes at least—I never saw him before—I cried out as soon as I came to myself—I was insensible before—I can distinctly swear to him as I was not insensible from the blow, but they held me so tight they nearly strangled me, that made me insensible, my eyes appeared to be darting out of my head—it was not the prisoner who struck the blow, nor who held me down—the path is not far from the coach-stand in Piccadilly—quite sufficient for a voice to reach—I could not cry out—when I came to myself I called "Police," one came and assisted me out of the park—he is not here—I do not know his name—he got over the rails at Constitution-hill and got me over—I went to the station that night and complained of being robbed—my statement was taken down by a person not here—I did not mention to the Magistrate that I had complained at the station—I did not see the prisoner again for a fortnight—I had told my landlord and landlady of the robbery, they are not here—the prisoner ran away on both occasions that I met him—the policeman was present at part of the conversation—I took the prisoner from Bond-street to the public-house where I lodge—I did not see a policeman all the way—I did not seek for one—it was half-past twelve in the day—we went up Bond-street, Upper and Lower Brook-street, Grosvenor-square, into the King's-head—I took him into the kitchen, it being the only room vacant—Mrs. Taylor, the landlady, was there cooking—I did not ask the prisoner what compensation he would give me for the property
I had lost—ho said his friends were very respectable and be would not have them know it for forty guineas, it would break their hearts—he burst into tears, and said he knew he was in my power altogether, but he hoped I should forgive him—nobody was present then—he did not say he knew nothing of the matter—we were some time in the kitchen—he was there a very short time with me alone—I called the landlord in to oak his advise—I told him I had not sufficient money to prosecute if I had the expenses to pay—he said I should have no expenses to pay—I pay 1s. 4d. a-day for my meals, and 6d. for my bed—I took the prisoner into the kitchen to remain there until a policeman came—the landlord sent for one.
JOHN BICKERSON (police-sergeant A 22.) On the 6th of October, between one and two o'clock, I was called into the King's Head, King. street, and received charge of the prisoner—the prosecutor said he was robbed, on the evening of the 14th of August, of a watch and some silver, and had apprehended the prisoner in Bond-street, or the neighbourhood, that he had offered him 10l., and to get his watch back by some duplicate found at a friend's of his named Stringer, who had been transported—he appealed to the prisoner to know if he had not said so—the prisoner said Yet"—I asked if he knew Stringer—he said, "No"—I asked how he knew Stringer had the watch—he said, "Because I saw Stringer, or a person answering his description, in the park on the evening of the robbery"—I then told him not to tell me any thing to criminate himself—the prosecutor gave him into custody—I searched him, and found three letters on him, addressed to Mr. Elvin to the care of Mr. Stringer, No. 15, Denziel-street, Clare-market.
JURY to JOHN STEDMAN. Q. Where did you get over the rails with the officer? A. Nearly in a line with Buckingham Palace—there is a gate, and he assisted me over by putting his feet on the lock of the gate—it is not in Piccadilly, but Constitution-hill—it was in my way to the station where I was going—I called "Police!" and the policeman got over there—he was on Constitution-hill—if I had called out, they might have heard me at the cab-stand in Piccadilly, not on Conttitution-hill—I was knocked down about midway—I was going towards the gate near Hamilton-place—I called out where I was, when I recovered, and the policeman came to me—there is a new road made all round there—I did not go out of my way—I do not think I could have gone a nearer way—I went in at the entrance by the Mall, where the trees are—I had not passed the clock of St. James's, but I had distinctly heard it go the quarter—I came from the Horse Guards.
Witnesses for the Defence.
KEZIAH PITTS . I am a widow, and live at No. 4, Queen's-court, Hoiborn, opposite Day and Martin's. The prisoner lodged at my house for four weeks—he left me at the end of August—I recollect the 13th of August—his week was up that day, and of course the day following was the 14th—on the evening of the 14th, near ten o'clock, as near as I can recollect, two gentlemen called at my house—I was just going to bed—I am sure it was not near eleven, because I had just had my supper, and was making the beds for my two boys, and they have to get up and go to work at six—I have my supper at nine—the tall gentleman that called left the name of Butcher, and said would I tell Robert as soon as he came home to come to him the first thing in the morning—the other gentleman did
not leave hit name—Mr. Butcher said he lived in Bartlett's-buildings, I think, or Bateman's-buildings, I do not exactly recollect, it was some buildings, similar to Bartlett's or Bateman's—there is not much difference—it was Bateman's-buildings, Holborn—the prisoner was not at home—he had juit gone out—he could not have been gone more than three minutes—the tall gentleman pulled out his watch—the glass fell and broke—I had no candle in my hand—I suppose he took out his watch, being surprised that Robert was gone out at that time—I did not see the watch distinctly—I am sure it was a watch, for the glass fell and broke—he said it was the glass of his watch.
COURT. Q. What had you been doing on the 14th of August to recollect the day? A. It was Sunday—I do not know what he had been doing—he had been at home all day—he had not been out before a few minutes to ten o'clock—he staid at home the whole Sunday—I did not see him go out—I saw and heard him up in his room—I have not been to call on Butcher since—he is the tall gentleman—I know that because Robert said he thought the tall one was his friend Butcher—he asked if there were two—I said, "Yes, a tall and a short one"—it was the tall one asked for him to come to Bateman's-buildings, and who broke the watch—there were three men and their wives, and two young men, lodgers—some of them were at home—they are not here—I do not know whether the prisoner can write—he lodged three months with me, and left on the Friday after this—he' said he had no money to pay me—I do not know Denziel-street, nor a man named Stringer—no such person called there, to my knowledge—I do not know Elvin or Hand, nor Stado—the prisoner told me he was out of a situation all the time he was with me—I recollect this was on the 14th, because his rent was up on Saturday, the 13th—I told him if he did not pay me I would lock him out, and he would not give me the trouble—a carpenter named Young recommended him to me—I dined at one o'clock on Sunday, with my two sons—the prisoner did not dine with us—I do not know where he dined, nor whether he had any supper—I was not in his room, but could hear him overhead—I did not go out—I think I heard him come in that night between eleven and twelve, when I was in bed—I heard somebody come up and go into the room—I know it was near ten when he went out, as I bad had supper—I had a clock in my room—I did not look at it—when the gentleman called he pulled out his watch, and said it was just ten—I did not notice whether he returned the watch to his fob after breaking the glass—I had no light in my hand—there was a gas-light down the court, and enough light for him to set the time—I could not see the watch, not to recognise whether it was gold or silver, but I could see it was a watch.
JURY. Q. In what month did the prisoner come to lodge with you? A. September it must be—he went away the latter end of August—it must be the latter and of July that he came—he never paid me any rent—I have seen victuals in his room when I went to make the bed—he was a month with mo all but a day—he kept very good hours—he was in about ten or eleven—I do not know what means he had of living.
JOSEPH BUTCHER . I am living on my private property, at Rose-cottage, Alpha-road, Regent's-park. I have known the prisoner about four years—I knew him in a chemist and druggist's shop, Mr. Lenton's, who at that time lived in Castle-street, Leicester-square—he has left him about two years—I believe he is employed by Mr. Lcnton occasionally, and
in September, 1841, I took him into my service—I took some shooting in Essex, and took him as a general servant to clean shoes, and so on—he remained in my service till the end of November, or beginning of December, till the season was over—I came to town, and had no further occasion for him—I have employed him occasionally to fetch luggage or any thing—in August last he lodged at No. 4, Queen's-court, in Holborn with a woman named Pitts—on the day previous to the 14th of August I bad entered into fresh apartments, in the neighbourhood of Sohosquare—it was Saturday the 13th—I had called at his place, but not finding him, the day following, which was Sunday the 14th, in the evening, accompanied by a friend, Mr. Lenton, I went down again to send him for some luggage I wanted, which had been left—having come to town it was left at the inn at Charing Cross—it came from Cambridge—I had come from there—I have connexions down there.
Q. About what time did you arrive at Mrs. Pitts'? A. Why, by my watch, if it was correct, it was within a few minutes of ten o'clock at all, events—mine is a gold watch, with a guard—it goes accurately—I have no doubt it was the time—Mrs. Pitts came to the door after my knocking several times, and seeing some other persons in the house—I inquired for the prisoner—a little boy at the door first told me he had just gone out—I wished to see some other person, and Mrs. Pitts herself came—I asked her if Robert was within—she said he had just gone out, and I must have passed him either close at hand, or at the little gate going into the court—I then pulled out my watch, and said, "It is late, will you tell him if I do not see him, to call at Bateman's-buildings early in the morning, between eight and nine?"—Bateman's-buildings are in the immediate vicinity of Soho-square—I did not mention between eight and nine—in putting my watch into my pocket, my thumb pressed it, and I broke the glass—I made some observation to my friend about it—the glass was broken in my pocket when I got home.
COURT. Q. Had it crashed in falling into your fob? A. Some of it, and some fell at the door—I and my friend went out of the court—I accompanied him as far as Turnstile, which is a very few yards from the gate, and the prisoner was crossing over by Day and Martin's blacking manufactory—I saw him from his having a cap on, and his clothes—I knew him, having given him the clothes—I went up to him, told him I had called at his lodgings, and wanted him, and said I wanted him at home also, and he was with me from that time to about a quarter after eleven o'clock—he went home with me to Bateman's-buildings—Mr. Lenton had some professional visit to make, and went through Little Turnstile—I went on with Robert—I had left Mr. Lenton about a minute.
Q. Then Mr. Lenton saw nothing of the prisoner? A. I do not know—I left him not more than a minute or so before I saw the prisoner—I think he must have seen him—I merely wished him good night, and went to Robert—I was in company with the prisoner till about five minutes after eleven—he came to me again next morning—I am not graduated, but am at St. John's.
Q. How long have you lived at your present residence? A. About two months—I took the apartments on the 13th—the landlord's name is Thompson—I took them till my place in Regent's-park was ready for my family—I am married—I had two or three large trunks
and a gun-case at Charing Cross—I wanted the prisoner to fetch them to Bateman's-buildings—they were much too large to be fetched in a cab—he had a truck to get them—I think they had arrived that day by the evening coach—I had myself been stopping with a member of my family, midway between Cambridge and London—the prisoner went with me to Bateman's-buildings, and was there about half an hour—in fact I wanted him to go down to Westminster for a gun—I took him to Bateman's-buildings to get a letter for the gun—I did not send him that night, it was too late—I had never called at Mrs. Pitts' before—I called at Mr. Lenton's the day before—I believe he was constantly in the habit of being employed by Mr. Lenton—not finding him there, I went on Sunday to inquire for him at Pitts'.
Q. Could not you give him instructions without taking him to Bateman's-buildings? A. No, he could not get the gun without giving him an order—when I got home I found it was getting late, and it was not advisable to send him—he left about eleven o'clock—I had the parlour, kitchen, and bed-room—I had a female servant there, she saw him come, I dare say—I rather think the woman of the house let us in—I do not know whether she let him out.
Q. What makes you recollect that Saturday, the 13th, was the day you moved into Bateman's-buildings? A. On the previous day I had left Newport from my uncle's, and my agreement with the party at Bateman's-buildings was on Saturday, the 13th of August—I am positive it must have been the 14th—I came to town on the 13th by the Cambridge fly, about half-past two or three o'clock, to the George and Blue Boar—I went from thence with a friend—I got to Bateman's-buildings about five—it is a furnished house—my servant had come by an early coach—I found her at the place—I had directed her to remain with Mrs. Butcher, at her sister's, in Circus-road, Regent's-park—after taking the lodging I took the servant, with what luggage was necessary, in a coach, and afterwards came with Mrs. Butcher, and took possession—I think I had seen the prisoner about a month previous, when I had been in town—he can write, but not a good hand—I do not know a person named Elvin or Hand—I never heard their names, nor the name of Stringer, until he was apprehended, and then, of course, almost every person heard of it—I never knew that the prisoner was acquainted with Stringer—I heard, through the medium of the public papers, that letters had been found on him, addressed to a Mr. Elvin, to the care of Mr. Stringer—I have no idea why I should recollect the 14th of August particularly, only coupled with the fact that I went to Mrs. Pitts that day—I am sure of the day, from the day I entered into my apartments—I staid in the apartments about six weeks—I think I said two months just now, I beg to correct myself—I know it was the the 14th of August, simply from the fact of coming to town that day—I came by coach—I do not know whether my name was in the way-bill—most likely Mr. Mitchell, of the Red Lion, did put in my name—I have occasionally seen the prisoner between November, 1841, and the summer of 1842—I am on visiting terms with Mr. Lenton, and I have frequently seen the prisoner employed by him for various matters about the establishment in the shop, and so forth—I do not think the prisoner was regularly apprenticed to Mr. Lenton—I think Mr. Lenton took him from kindly feelings towards his friends, that he knows better than I do—
I am living on my means, I was educated at St. John's, and studied a short time for the bar, but having married a wife with property, and having other property, I live near town—I do not follow any pursuit—in fat my health is very bad, I am totally unable to do so.
Q. How could you follow shooting and sporting? A. The only thing recommended to me by my medical man, to prevent incipient decline—the prisoner came next day, fetched the luggage, and remained with me up to three or four o'clock, I think—I asked him why he wore that cap, and told him it was a very objectionable thing to wear—he said he had no money—I gave him 4s. 6d. to buy a hat, and paid him for his work, and gave him a pair of trowsers.
Q. What induced you to go to him at ten o'clock at night, about going for a gun to Westminster on Sunday, and on Monday for luggage? A. I could not have got the gun home without a messenger—I am not accustomed to go a long distance after dinner myself, and it was not a very reputable part of Westminster—my object was, I would rather employ him than a strange porter.
JURY. Q. Was this your luggage from Cambridge? A. Yes, the Cambridge coach goes to Charing-cross—it depends on what time of day you are coming—the coach I came by stopped at the George and Blue Boar.
COURT. Q. Was not you rather nearer when you passed the Blue Boar than going to Charing-cross? A. I did not go to Charing-cross, the luggage came by another coach—I stopped midway with an uncle of mine, a clergyman, near Newport—the luggage had arrived before me, and Mrs. Butcher also—I did not arrive in town till late in the day, and was then occupied in obtaining lodgings—I was accompanied to Bateman's-buildings by Mr. Lenton—I called on him when I came to town—I came to Mr. Lenton's from the inn—he lives in Leicester-square—and then, by mere chance, walking about for lodgings, he said, "I know a very respectable erson in Bateman's-buildings; if he has apartments I think they will suit you"—Lenton's shop is at the comer of Leicester-square.
JURY. Q. Did that youth bring your luggage in a truck from Charing-cross to Bateman's-buildings, you say it was very heavy? A. Yes—there is no thoroughfare in the buildings—my house was No. 2, and when he rapped at the door, and said the luggage was there, I went out and saw him with another lad.
COURT. Q. Is your name Joseph? A. Yes—I never bore the name of Joseph Taddy Butcher—oh, yes, certainly—I scarcely ever give that name—I have no reason for not giving it—I know Willam Archibald Campbell—I am not joined with him in any charge here, and never was—I was a witness for a gentleman named Rhodes, who prosecuted Campbell—I gave evidence before the Grand Jury—I was not joined with him in the indictment—I am now to appear as a witness in the case next term—Mr. Thomas Rhodes is the prosecutor—he was solicitor to the late Duke of Bedford—I am quite sure I am not one of the defendants in the conspiracy, on the contrary, was Mr. Rhodes's evidence—I cannot recollect whether Campbell was charged alone, I should say not—it was removed by the prosecutor—I really cannot say when—I know I gave evidence before the Grand Jury, and am now about to give evidence against the gentleman who is now in the Queen's Bench.
Q. Did you ever act as clerk to an attorney? A. I was during some time
with Mr. Rhodes preparatory to being articled to him—nobody but Campbell was included in the indictment, to my recollection—he was held under recognizances to appear at Marlborough-street—be did not do so, but absconded, and remained abroad from about the period 1838, I believe, since which time a process of outlawry has been taken out against him, and by some means he is in the Queen's Bench, Mr. Rhodes having removed the main charge from this Court by certiorari—I was backward and forward with Rhodes a long time—Campbell was a surgeon—I ceased to act for Rhodes before 1838—I acted as his clerk three or four years; that is what I mean by studying the law—I intended to go to the bar, but my health was so very bad I was obliged to give it up—I have lived in London since the latter end of August or middle of September this year—I have been living in Cambridge a very long period.
JURY. Q. Perhaps you will explain why you did not have the prisoner to help you move, as you wished to employ him from charity? A. I think I did employ him on one or two occasions, but Mr. Lenton had employed him more frequently than I had, and I believe Lenton at that time was removing part of his stock from one shop to another—I do not know where the prisoner went to live when he left Mrs. Pitts.
MR. CHARNOCK. Q. Did you receive any compensation when with Mr. Rhodes? A. No, none at all, my services were entirely gratuitous—I was very anxious to be articled to him—I have come out of a sick-bed within, a few days.
JURY. Q. You employed the prisoner several times in the removal of your goods? A. No, I think I did on one or two occasions.
CHARLES SHEPHERD LENTON . I live at No. 33, Leicester-square—I know the prisoner—be was in my service about fifteen months since, he then left—he had been in my service about two years—I have known him ten or twelve years, when he was scarcely higher than my knee—I employed him—he was connected with Cambridge people, friends of mine—I employed him and another male servant at the time, and he brushed the boots and things then, but he was employed more with a view of learning my business, but I joined a chemist in Leicester-square, and had no further call for his services—since then I have employed him in collecting debts, and paid him some pounds—up to within the last month I have occasionally employed him—he collected a debt in Fetter-lane a month ago and gave me the money—his conduct was strictly honest, or I should not have employed him—I know Mr. Butcher perfectly well—I believe he lodged in Holborn in August—I did not know the name of the person—I went there on one occasion—I was dining with Mr. Butcher—he said he wanted the services of this young man the next day for some purpose, to go for some boxes or something, and asked me if I would walk down with him late in the evening, and somewhere about ten o'clock I accompanied Mr. Butcher to a court in Holborn, very nearly opposite Day and Martin's—I do not know the name of the place nor of the party who kept the house—he was not at home—the person in the house said there were two Robert's lodged there, and wished to know which I required, they said one was a groom—I said, "No, I want Robert Fletcher"—the woman said, "Oh, he is just gone out"—she is the woman who kept the house.
Q. Was anything done about a watch, was any watch produced? A. I do not understand what you mean—nothing occurred about a watch
while we were talking, that I recollect—I think there was something about the time, and Butcher pulled out his watch.
Q. Did any thing occur to the watch? A. It is so long since I forget—he was talking to the prisoner—I was standing on one side—I do not know whether he said he broke any thing—I cannot swear—I will tell you candidly, I was walking to other parts of the court—there are six or seven houses in the court, and having failed in inquiring at two or three houses, being late at night, we could not find the house—a little boy directed us to the wrong house—while I was inquiring there, he went away, and whether any thing occurred I do not know at that time—we came away together—I did not meet any body in Holborn—I parted with Mr. Butcher at Turnstile, and did not see any body join Butcher.
COURT. Q. Where was you going? A. To the neighbourhood of Bedford-street, Covent-garden—I had dined with Butcher at Bateman's-buildings—I forget the number, seven or eight, I think—I think we dined about half-past three—we sat at table a considerable time—I do not recollect at what time I went there—I had seen Butcher after church-time in the morning—I called at his house, and left for a short time to go home to my place, and returned again immediately—I did not leave immediately I called there—I left some time after dinner, after having a glass or two of wine.
Q. I thought you left to go home, and returned? A. Yes—that was after dinner—I cannot say what hour it was—I went to Bateman's-buildings again and had tea—my visits were so frequent at Butcher's, I called almost every day for several years, and he at my place, so that I called at no particular hour—it is no uncommon circumstance even as late as twelve o'clock at night—I believe I was welcome—I lived with Mr. Butcher three or four years before—I do not know how long he lived at Bateman's-buildings—not very long before I dined with him—I really cannot say how often I had seen him there before that day—I might have seen him perhaps fifty times there.
Q. At Bateman's-buildings, before you dined there, that is so, is it? A. Yes—I mean fifty different days—at any rate a month—I called in in the evening sometimes.
Q. You mean at Bateman's-buildings, where you dined? A. Just so—I might have called there 100 times—I think he had been living at Bateman's-buildings two or three months before the 14th of August, to the best of my recollection—I do not know that he lodged there as much as a month before the 14th of August—I think he might have lived there two or three months altogether—I really do not recollect perfectly, three or four months makes a difference—I cannot recollect how long he had lodged there before the 14th of August—I have not the slightest idea, not the most distant idea, whether it was a month or more, or less, or whether it was three months—I really recollect nothing about it—it never entered into my mind—I mean to state I cannot recollect the time—I will undertake to say he had been there a week—I think, to the best of my recollection, he had been there a month—I am sure he had been there a week before—I saw him the day before (Saturday)—I cannot say what tune—I might have seen him in the morning and evening also—I recollect the 14th of August, from the circumstance having been brought to my mind by a knowledge of this prosecution—it is merely from that circumstance that I recollect it.
Q. State any circumstance by which you can fix this more on the 14th of August than the 7th or 21st? A. I can state no reason at the present moment—I only know it from what Mr. Butcher stated to me—I recollect nothing of the day, except his calling my attention to it, asking if I recollected the circumstance of accompanying him on the 14th of August—I only recollect the date from what I understood from him, from what he told me—I had no reason to make any recollection of it—it is not from my own memory, but his saying, "You recollect going with me on the 14th of August"—I do not know who got him the lodging in Bateman's-buildings—I know nothing of his connexions or acquaintances—I do not know who recommended him the lodging.
GUILTY . Aged 19.— Transported for Fifteen Years.
OLD COURT.—Friday, October 28th, 1842.
Third Jury, before Edward Bullock, Esq.
2789. WILLIAM WALLACE and HENRY JOHNSON were indicted for feloniously breaking and entering the dwelling-house of John Moore, and stealing therein 13 rings, value 6l. 10s., his goods; to which they both pleaded
GUILTY .— Transported for Ten Years.
BROWNLOW WILLIAM KNOX . I am a lieutenant-colonel in the Scotch Fusileer Guards, and reside in Wilton-crescent. On the 21st of October, a little before one o'clock in the day, I was walking in Piccadilly—I felt something touch my pocket—I put my hand to my pocket, and missed my pocket-book—I immediately turned short round, and collared the prisoner, who was next to me, and said, "You have picked my pocket"—he denied it—I then seized his left wrist, and he had the pocket-book in his hand—he then said he had picked it up—I know I had it in my pocket not a quarter of an hour before—this now produced is it.
Cross-examined by MR. DOANE. Q. I suppose there were many people passing at the time? A. Yes, the usual quantity—he denied having picked my pocket till I found it on him—he then said he had picked it up, and that a lady had seen him do it.
GUILTY .** Aged 21.— Confined Six Months.
2791. HENRY GRIFFIN was indicted for stealing, on the 24th of September, 1 mare, price 15l.; 1 cart, value 4l.; and 1 set of harness, value 1l.; the property of William Little: 6 blankets, value 10s.; 8 sheets, value 1l. 4s.; 3 counterpanes, value 15s.; 2 beds, value 6l.; 1 coal-scuttle, value 15s.; 1 kettle, value 6s.; 1 hamper, value 6d.; 6 glass tumblers, value 6s.; 6 wine-glasses, value 4s.; 12 cups, value 6s.; 12 saucers, value 6s.; 1 teapot, value 2s.; 1 basin, value 2s.; 2 plates, value 3s.; and 2 boxes, value 6s.; the goods of Francis Lewin.
WILLIAM LITTLE . I am a greengrocer, and Jive in Adam-street Rotherhithe. On the 24th of September, at a quarter past seven o'clock in the evening, I had a horse and cart, with two boxes, a large hamper, bed and bedding, in it, at the door of the White Horse, Cripplegate—I went in leaving nobody in charge of it—I came out in about two minutes, and it was gone—I ran towards London-wall, and there found the prisoner in the cart driving it away—I called out, and he jumped out of the cart and ran away—I followed him—he was secured—I got the property back.
Cross-examined by MR. PRENDERGAST. Q. Did you see him jump out of the cart? A. Yes—the mare stopped directly it heard my voice, and I saw him jump out in London-wall, about two stones' throw from Cripplegate-buildings—I saw him secured.
GUILTY .* Aged 28.— Transported for Ten Years.
Before Mr. Justice Maule.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a copy of the record of conviction of Ellen Connell at this Court, on the 15th of June, 1840—I have examined it with the original record—it is a true copy—(read.)
MARY ANN DYKE . My husband keeps the Vine tavern, Mile-end-road. On Saturday, the 24th of September, the prisoner came to my house between six and seven o'clock, between light and dark—I was in the for—she asked for half-a-pint of beer, which came to 1d.—I served her—she put down a sixpence, which I examined—it was bad—I told her so—she apologised, and then put down a good shilling—I gave her a good sixpence, a fourpenny-piece, and a penny—I placed them separately on the counter—I am quite sure the fourpenny-piece was good.—she took up fourpenny-piece while in the act of drinking, and put one back again, and said, "I don't like that, they are troublesome little things, give me halfpence for it"—I took it up—it was a very bad one—I said, This is not the fourpenny-piece you gave me"—(I am quite sure it was not—I really think that she swallowed my fourpenny-piece)—she said it was the same as I had given her—she kept sipping the beer, as if in the act of of swallowing something, and I heard a noise in her throat as if so—Ham, a policeman, in plain clothes, was there—he took hold of her, and looked into her mouth—he took up the fourpenny-piece she gave me.
Cross-examined by MR. PAYNE. Q. Did not she tell you she had not touched the one you had given her, but merely pushed it off the halfpence? A. She might have said so, but she had taken it up—it was not on any halfpence, but by itself—I was just inside the bar—Ham stood outside—
I said the sixpence was not good, and might have handed it to him—he might have bit it, I think he did—there was an hysterical sort of noise in her throat—I saw her take the fourpenny-piece up.
JAMES HAM . I am a policeman. On the 24th of September I was at the Vine tavern, in plain clothes—the prisoner called for porter—she offered a counterfeit sixpence—Mrs. Dyke refused it—the prisoner took it up, offered a good shilling, and received a sixpence and fourpenny-piece—it was a good one I think and firmly believe—I saw her take the change up in her left hand, and her half-pint of beer at the same time—she dropped a fourpenny-piece from her hand, and said, "Give me halfpence instead of that"—Mrs. Dyke then said, "It is a bad one, and not what I gave you, you have rung the changes"—the prisoner at that moment put the beer up to her mouth—I heard something jink in her mouth—she put the beer down again, and Mrs. Dyke attempted to remove it, to see if the good fourpenny-piece was there, and was going to empty it out—the prisoner took hold of it, and said, "For God's sake don't take my beer away," and put it up to her mouth—she appeared to be swallowing something with difficulty—I took the bad sixpence out of her hand, and made her open her mouth—I said "You have something in your mouth"—she did not answer, but kept her mouth closed for several seconds—I insisted on her opening her mouth, which she did—there was nothing in it then—at that moment I noticed in her throat a motion as if she was swallowing something with difficulty—I received a fourpenny-piece from Mrs. Dyke which I produce—the prisoner was searched at the station, and a good shilling found on her—she gave her name "Ellen Lyon, No. 7, Bull's Head-court, Snowhill"—I went and found no such person lived there.
Crow-examined. Q. Is it true that nothing was found on her? A. She gave the shilling up before she was searched—no steps have been taken to recover the fourpenny-piece—I heard something jink against her teeth—I was talking to the landlord the first part of the time—she persisted in the fourpenny-piece being the one given her.
MR. BODKIN. Q. Did she also say she had never touched it? A. Yes.
Cross-examined. Q. What do you call this coin? A. A groat—it has had that name, I believe, from the earliest period—it has the words "Four pence" on it, but the original name was groat at the time of Edward the Third—they were not the same weight and size as this.
MR. BODKIN. Q. Have you heard them called groats? A. Yes, they are called groats as well as fourpenny-pieces in the proclamation.
NOT GUILTY .
Before Mr. Justice Erskine.
GUILTY . Aged 45.— Transported for Life.
Second Jury, before Mr. Recorder.
NOT GUILTY .
EDMUND MASSEY . I am a watchmaker, and live at No. 89, Strand. I only have the lower part of the house—the owner does not live in the house. On the 17th of October, about three o'clock in the day, I left my front shop—I heard a pane of glass break, ran out, and found the prisoner outside against the broken window with two gold watches in his hand—I collared him, took him into the shop, and took the watches from him, he said, "I have got another in my pocket," and gave it me—I sent for a police-man, and gave him in charge—they are my property, and are worth 30l
Cross-examined by MR. PAYNE. Q. He was standing by the broken glass when you collared him? A. Yes—he had had time to run away—he made no resistance—I observed something singular in his manner.
ALFRED TANSLEY . I live at Exeter. On the 17th of October, I was in an omnibus stopping opposite the prosecutor's shop, and saw the prisoner lift up his arm, and dash his clenched fist through the window—he took something out of the window, and put it into his right-hand jacket pocket—in about a minute the prosecutor ran out, and seized him—he might have got away if he had chosen.
Cross-examined. Q. Did there appear something strange in his manner altogether? A. Yes, I fancied there was.
MR. PAYNE called
WILLIAM SOUTH . I am a pastrycook, and live in Monmouth-street—I have known the prisoner for the last six years. On the night before he was taken I was in his company at the Nag's Head, at the corner of James-street and Hart-street—he had been taking something to drink—there were a lot of young men there larking, spirting beer over one another—after which the prisoner went to sleep with his head on the table—at the time the house was to be closed, the potman laid hold of his arm, and awoke him—as they had been spirting beer over him before, he took up a quart pot, and threw the contents over the potman—the potman took the pot away—the prisoner staggered towards him, and fell across the table—the potman thought he was going to strike him, lifted up his arm, swung round the pot, which caught the prisoner in the head, and wounded him—I cut off his hair, and put a plaster on, which he has on now—the wound was about an inch and a half long, and I could see the skull—no medical man was called—the surgeons' houses were all shut up—it was after twelve o'clock—I saw him again the next morning at the Nag's Head—he was going to take out a warrant against the potman—I persuaded him not to do so, but to settle it between themselves—they had some beer and three or four quarterns of gin together, and then half a pint of gin—the prisoner went away, and came back again after dinner, sat down, and had a share of a pint of beer—he laid his head on his hands, and I said, "Charley, don't lay your head down in that way, it will do you no good"—I aroused him up, and his eyes were staring—all of a minute he said, "Good bye, Bill, shake hands with me"—I said, "What for? I have never offended you that I know of"—this was about three o'clock—he went out, and must have committed this offence in less than five minutes afterwards—he was not sober when he went out his eyes were ready to start out of his head—I though he was going home.
NOT GUILTY .
2796. MARY CLEAL and HARRIET CLEAL were indicted for stealing on the 15th of August, at St. Mary, Islington, 5 bottles, value 1s.; 2 quarts of gin, value 4s.; 3 quarts of wine, value 9s.; 2 towels, value 1s.; 10 sovereigns, and 1 half-sovereign; the goods of John Walton, their master, in his dwelling-house; to which
MARY CLEAL pleaded GUILTY . Aged 29.
JOHN WALTON . I have retired from business, and live in Barnsbury-square, Islington-the prisoners were both in ray service, Harriet for about five months, and Mary for eleven months—I am in the habit of regularly balancing my cash. On the 28th of July, on my return from Ramseate, I received a sum of money at the Bank, principally in new sovereigns of the present reign—On the 20th of September I balanced my cash, and was 60l. deficient, after allowing for all expenses that I was aware of—I keep a regular petty cash account of all my expenses—I kept my money locked up in a deed box in my bed-room—I generally kept the key in my pocket—I had marked some money—there were a good many notes and sovereigns in the deed-box—I have not traced any marked money to Harriet.
MARY RATNETT . I live at No. 5, Bedford-row, Lower Barnsbury-street, Islington—I get my living by my needle. The prisoner Harriet brought a box to my house, and asked me if I would take charge of it for a few weeks till she left her place, for that her sister Mary would not allow it to continue under the bed, but as fast as she put it under, her sister kicked it out again—I said she might put it down in our kitchen, there was plenty of room—I allowed her to leave it, and it remained there till Thatcher, the officer, called about it—it was not opened in my presence—before the officer came for it, I went to Mr. Walton's house, saw Harriet, and told her I was very sorry to hear what had happened—I told her I had heard that Mary was charged with some offence, and asked if it was true—she said it was true—I said, "You remember you brought a box of yours to my house"—she directly said, "Not mine, it was Marys"—I said, "Why, Harriet, you brought it to me as your box"—she said, No, it is Mary's"—I said, "Well, I should wish you to fetch it away"—I said my landlord had been to me, and said he wished me to seek out for another house, and I told her after hearing what I had I was not very easy at the box remaining at my house, there might be something in it that there should not be, I hoped there was not, but I could not tell—she said I need not be afraid, she could not fetch it away, for they were not allowed to come outside the gate, and asked if I could send it anywhere—I said I could not.
Cross-examined by MR. DOANE. Q. Did you not say you hoped she had nothing to do with it? A. Yes, and she said, no, she had not.
GEORGE THATCHER . I am a police-inspector. I apprehended Harriet—she told me voluntarily where the box was in Mrs. Waltons presence, and I found it in the kitchen of the house in Barnsbury-street—I, broke it open, and found in it 10l. 10s. in gold, two bottles of gin, three bottles of wine, two letters referring to Harriet, and various trifling articles—Harriet told me that her sister Mary had sent her with the box to the house of Mrs. Ratnett, and she did not know what it contained—I found tour sovereigns and two half-sovereigns in a drawer, which Mary said were hers—they are all marked under the head—they had been marked in consequence of information which I received from Mr. Walton respecting the robbery—
I have recovered 24l. 10s. in gold, besides a considerable quantity of property, new articles of dress, some made up, and some not—there were two napkins in the box, which Mrs. Walton identified, also a chemise marked with Harriet's name—I found no key to that box.
ELIZA WALTON . I am the prosecutor's wife. After Mary was charged, Harriet of her own accord came to me, and said that she felt very uneasy about a box that her sister Mary wished her to take one evening when she went out to fetch beer, to Mrs. Ratnett, with Mary's love, and that she wished her to let it remain there till she (Harriet) left her place, which she was going to do after Michaelmas—I told her she had better have stated that to the inspector or to Mr. Walton—the inspector soon after called—I told him, rang the bell, Harriet came up, and stated the same to him—I cannot identify the gin or wine or the bottles—I can speak to these two towels by a mark.
Cross-examined. Q. Was it true that Harriet was about to leave her place? A. Yes.
MRS. RATNETT re-examined. I went to Mrs. Walton's between nine and ten o'clock in the morning of the same day as I heard of the robbery, and soon after I heard of it—I only saw Harriet—the box was fetched away the day after.
(One of the letters found in the box was dated the 11th of June, 1842; the other the 31st of July, 1842; and were directed, one to "Mr. J. Cleal, 17, Craven-street, City-road" and the other, "Miss Harriet fled, Islington.")
HARRIET CLEAL— GUILTY. Aged 22.— Judgment respited.—
Both recommended to mercy by the Prosecutor.
GUILTY . Aged 29.— Confined Twelve Months, without Hard Labour.
JOHN MILLER . I am assistant to Mr. Foster, a surgeon, of Mountplace, Whitechapel. On the 19th of September the prisoner came to me, and wished me to come and visit his wife, who was very ill—I accordingly went to No. 4, Buck's-row, Whitechapel—I found a woman lying on a mattress, apparently in a state of insensibility—the prisoner told me that she was a sober woman—I inquired if she had received any blow on her head—he said she had about a month ago, that he had struck her, and pointed to a mark on her left temple, which had healed—I do not think he described how he had struck the blow—he first said she had been in that insensible state from the morning—he afterwards said she had been in the hospital about a fortnight before—he said that the persons at the hospital told her she talked too fast, and he said that she did talk too fast—I inquired as to her health, and found it had been bad since the blow—I tried to arouse her—she threw her arms about, and tried to blow out the candle, and spit at me—she was exactly like a person out of her mind, or as if she had been drunk—that is sometimes a symptom of compression of the brain—I acquainted Hughes, the relieving officer, of the
circumstance—the prisoner first said he had inflicted the blow a month ago, and afterwards he said five or six weeks—she was removed to the workhouse that evening—she lived till about eight o'clock the following evening—it is usual for more serious symptoms to be exhibited some time after a blow is received, than at the moment—there was nothing in the nature of the blow to make it impossible that it was inflicted with a fist—a blow which only causes partial external injury will often produce great concussion of the brain, on the opposite side to which the blow was struck—I think her death might be attributed to a blow with a fist—she had some internal complaint besides, but that was not in a state of progress to have affected life at that time—where there is any thing weak in the constitution, it is apt to fly to the part where the blow is inflicted—the blow must have been violent to have produced the consequences.
THOMAS BARTLETT (police-constable K 286.) I apprehended the prisoner on the 19th of September, and saw the deceased—I asked him how long it was since he struck her—he-said, "About six or seven weeks ago," and then he said, "Five or six weeks ago"—I asked him what he did it with—he said with his fist—on the way to the station he said, "I suppose I shall get a month or two"—as I was taking him to Lambeth-street next day, he said they had had a quarrel, that she bad aggravated him, and he bad struck her with his fist.
EMM'A FRASER . I am single, and live in Finsbury-market. The deceased was my sister—she lived with the prisoner—her proper name was Jane Fraser—about six weeks before her death she came to my house with her temple cut—she complained of her head very much—she appeared stupified and dizzy, like a person in liquor—she reeled and staggered very much—she said she could not see well, and I accompanied her part of the way home.
SARAH POOLE . I am single, and live in Vinegar-lane, St. George's—the prisoner and the deceased lodged in the same house. On the 24th of July I saw the deceased standing at her window—she had a great deal of blood on her forehead, and appeared to have received a recent wound—I taxed the prisoner with having ill-used her—he told me to mind my own business—I told him I would not allow it—he said as long as he paid the rent he should do as he thought proper—I asked her, in his presence, how it happened—she said, "With his fist"—she repeated it, and he said if she aggravated him he would be her butcher—she got gradually heavy and stupid after that, and quite deaf—she complained of dizziness in her head, and never seemed to rally—at the end of the week the prisoner came home, and asked if I had seen his wife—I said I did not know that she was at home—he said yes, she was very bad with a fever—I asked him if it was catching—he said he did not know, he believed not—I said I wished to see her—he did not offer to let me do so—I went into the back yard, and saw her in at the window—I asked her if she had the fever or not—she said the prisoner knew what her fever was—she always abused me when I called to know how she was—she had not the command of her faculties.
Prisoner. Q. Did not you ask her to go to the workhouse, and did not she say if you brought any one there she would get up and job the key in the man's eye? A. Yes.
GUILTY . Aged 28.— Confined Six Months.
2799. FRANCIS KIRBY was indicted for feloniously assaulting Charles Baldwin, on the 5th of January, and cutting and wounding him in and upon his head and forehead, with intent to do him some grievous bodily harm.—2nd COUNT, stating his intent to be to resist and prevent his lawful apprehension and detainer.
CHARLES BALDWIN . On the 5th of January I was in the service of the Bishop of London, and was in his grounds at Fulham, in company with Samuel Hay. I noticed the prisoner and another in the field carrying a plank of wood—we went round and met the parties in the lane—I was ordered to detain the prisoner till we could get a constable to take him on a charge of stealing the plank which he had on his shoulder—I collared him, and he struck me two violent blows on the forehead with a large bone, and threw me with violence on the ground—the blow made my head bleed a good deal—he struck me a second blow, and I fell—Hay seeing him desperate, desired me to let him go, which I did, and he made off—some pieces of wood were thrown at me by the other man—I found a piece of wood in the direction they had escaped from the field into the lane—the plank the prisoner was carrying was part of the fence of the Bishop's ground—the prisoner was apprehended on the 5th of October.
Prisoner. He threw me down, we fell, and I suppose the bone hit him.
Witness. I did not throw him down—he fell on me when I fell, as I was holding his collar—his second blow felled me to the ground—I was struck with the thick end of the bone.
SAMUEL HAY . I am in the employ of the Bishop of London, and was in the grounds. I met the prisoner and another man in the lane—I had seen the prisoner carrying the plank in the Bishop's field—I followed, and Baldwin took him—I attacked the other—he threw a piece of wood at my head, and swore he would do for me, so I did not much notice the prisoner after that—the plank was used to keep the bank up from the water side, and was the Bishop's property.
Prisoner. There had been a flood a few days before, which washed the wood away; there were men picking wood up; I found a piece and crossed the field; the man took me; I said, "If it belongs to you, you may hare it;" the other man threw me down, and threw the bone at me. Witness He did not offer to give up the wood—Baldwin never had the bone.
SAMUEL WILLARD (police-constable V 149.) Hay applied to me to search for the prisoner—I went to his lodgings two days after the occurrence, and found this bone in the back-kitchen—I went before and found nothing—I had seen the prisoner in going towards that house—he fastened the front-door, and made his escape the backway—I did not find him till the 3rd of October, when I took him, at Northend, Fulham-be ran off, and I after him—I took him—he denied being at the place, or knowing any thing of the circumstance—I have a piece of the plank here.
CHARLES BALDWIN re-examined. I know the marks on this wood—I had chopped it here with an axe while I was repairing it—it was then part of the fence nailed up, and had not been washed away—it was ten feet long, and nine inches wide.
Prisoner. That looks nothing like the wood, it was thinner at the office.
Witness. It is the wood—I noticed the marks on it the same day—the bone was in his hand when I first saw him in the lane—he had got rid of the plank before I collared him.
Prisoner. I did not have the bone at all, it was hove at me by that man.
Witness. I never saw it till he raised it to strike me with it—I have the scar now—I felt a violent headache, and was stupified—the skin was broken—my wife rubbed some stuff on it
GUILTY of an Assault.
2800. FRANCIS KIRBY was again indicted for stealing, on the 6th of January, 1 plank of wood, value Is., the goods of Charles James, Lord Bishop of London; and that he had been before convicted of felony.
CHARLES BALDWIN . I saw the prisoner in the Bishop's ground, carrying this plank—it could not have been washed away—he was carrying it off the premises—it is the property of the Bishop Charles James Bloomfield.
Prisoner's Defence I did not get it off any where; I picked it up two hundred yards from the Bishop's premises; it had washed on the bank; I saw two or three more people picking up some pieces.
ALEXANDER M'CASKERY . I am a policeman. I produce a certificate of the prisoner's former conviction—(read)—I was present at the time, and know him to be the man—I got it from the Clerk of the Peace for Middlesex.
GUILTY . Aged 21.— Confined Twelve Months.
GEORGE WILLIAMS . I lodge with John Mann, of Sophia-street, Poplar, and belong to the ship Euphrates, On the morning of the 15th of September. I hung my coat up in Mann's parlour—I missed it the same night, and found it at Purser's—that now produced is it—the prisoner worked at Mann's occasionally—I saw her that day—she said if she was in my place she would see after it, for it was not the first thing which had been lost in the house.
Cross-examined by MR. PAYNE. Q. Is the street-door left open? A. Frequently; it is a lodging-house.
ELEANOR MURPHT . I am the wife of Jeremiah Murphy, of Penny Fields, Poplar. The prisoner brought the coat to my house, told me to go to Purser's, and pawn it for 15s., that she got it from a black man at Jack Mann's—she said the black man gave it her, she should get her husband's money and get it out—I took it to Parser's—they asked if it was mine—I said, "No, it is Mrs. Prest's, who pledged her husband's shoes yesterday."
Cross-examined. Q. Did she not say she should get it back with her husband's money? A. Yes, her husband is a sailor—I gave her the duplicate.
DANIEL DONOVAN . I am a policeman. I went with the prosecutor to his lodgings, and found the prisoner there—she interested herself very much in looking for the coat—I took her in charge next day for taking the
coat—she said, "I did take it, I meant to take it out again in a few days"—she gave me the duplicate.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Two Months.
OLD COURT.—Saturday, October 29th, 1842
Fourth Jury, before Edward Bullock, Esq.
EMMA SARAH TOWERSEY . I am the wife of John Towersey, an accountant, and live in Commercial-street, Hoxton—I am in the employ of Charles Longland, a haberdasher, of Britannia-row, Hoxton—on the fore. noon of the 28th of September I was in Mr. Longland's shop behind the counter, and saw the prisoner come up to the door, pull down three pair of stays, which were hanging inside the door, and run away with them—1 ran after him, calling, "Stop thief"—I saw him throw the stays over a railing into a garden—I afterwards went into the garden and picked them up—Mr. Longland came up just at the time—he followed the prisoier up some new buildings close by and brought him out—I am sure he is the man.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Two Months.
JOHN PALMER . I am a boot-maker and live in Wilderness-row, Goswell-street. On the 24th of September between eight and nine at night. I saw the prisoner takedown eight pairs of shoes which were tied together at my door—there was another with him—I ran out and collared the prisoner—the other then had the shoes, he threw them down, and ran away—I took them up.
GUILTY . Aged 18.— Confined Three Months.
2804. THOMAS SMITH was indicted for stealing, on the 12st of October, 1 writing-desk, value 3l. 5s.; 1 writing-case, value 2l.; I flute value 12l. 12s.; and I guitar, value 1l. 1s.; the goods of Robert Hicks in his dwelling-house.
ROBERT HICKS . I am a surgeon, and live in Old Burlington-street, St. James's. I had a writing-desk and travelling-case, which I saw safe in my dining-room before eleven o'clock on the morning of the 21st October
—I left the house a little after eleven, returned between one and two in the afternoon, and found the writing-desk and case gone—also a flute and guitar.
GEORGE SAUNDERS . I am the proprietor of a cab. Between eleven and twelve o'clock on Friday the 21st of October, I was with one of my own cabs on the rank in Oxford-street, near Argyle-street—the prisoner came up and asked me to take him to Smith field—he had a large writing-desk and a Russia leather case with him—he got into the cab and I drove him to Smithfield—he stopped at the top of West-street and got out, took the writing-desk and case, and went down West-street—I saw another young man who told me to drive to the bottom of West-street, and the prisoner returned part of the way, beckoned me down West-street, and desired me to drive to a house, which I did—he was assisted by somebody into the passage of the house with the desk and case—he then came out again with them, got into the cab again, and told me to take him to Artillery-place or lane—as we were going up Worship-street, having suspicions, I desired an officer to see whether all was right, and the prisoner was taken into custody—I went to the police court with him and the officer.
GEORGE HORNER (polioe-constable N 229.) On the 21st of October, about twelve o'clock in the day, I was at the door of Worship-street police court, and saw Saunders drive up with his cab—in consequence of what be said I opened the window of the cab and asked the prisoner where he brought the property from—he had this case and desk with him in the cab—he said he brought them from Oxford-street—I asked him where he was going to take them to—he said to Artillery-lane—Roland then came up and the prisoner was taken into custody—Roland asked him where he brought them from—he said from Oxford-street, that they were given to him by a man whom he did not know.
WILLIAM ROLAND (police-constable H120.) I saw the cab in Worship-street and went up to it—I saw the prisoner sitting in the cab and knew him—he had these two cases—Saunders said to me, "Do you think it is right"—I said "No, I am sure it is not"—I opened the cab door and asked the prisoner where he was going with these boxes—he said to a Mr. Simmonds, in Artillery-lane—I asked him where he brought them from—he said, "From Oxford-street, a stranger gave them to me whom I know nothing about"—I then took him into custody—I found a small pocket-book on him containing some hair and a letter, which has since bee a identified by Mr. Hicks—I have made inquiry in Artillery-place, and there is no Mr. Simmons there.
GUILTY.—Of Larceny.— Transported for Seven Years.
Before Mr. Justice Ershine.
I went to take them in between five and six, and missed them—I saw the prisoner standing on the stairs, with them on her arm—she does not live there—I went towards her, and she dropped them—she went furthur up stairs, and I asked who was there—it was between the lights—I caughtt hold of her—she said, "Forgive me, I will never do so any more"—these are the articles—I gave her in charge.
GUILTY. Aged 16.—Recommended to mercy, — Confined Fourteen Days.
First Jury, before Mr. Recorder.
2806. MARGARET ANGUS alias Johnson, was indicted for stealing, on the 20th of August, 8 5l. Bank of England notes, the money of Thomas Fairweather, in the dwelling-house of Christina Waterson Sheppard; and that she had been before convicted of felony; and ALEXANDER JOHNSON , for feloniously receiving, harbouring, and maintaining her, well knowing her to have committed the said felony; to which
ANGUS pleaded GUILTY .— Transported for Ten Years.
MR. CLARKSON conducted the Prosecution.
at Market Leighton. I lodged at the house of Mrs. Sheppard, in Arundel-street, in August last—the female prisoner was servant there—on the 19th of August I had eight 5l. Bank notes in my portmanteau, in my bed-room—she saw me put them there—I caught her looking at me at the time—on Son day morning I went to the portmanteau, and missed the notes—I had left my keys in the portmanteau on the Saturday, and she left on the Saturday—I had received the notes from Goslings a few days before.
Cross-examined by MR. WILDE. Q. Nobody else lived in the establisiment? A. No, there are two daughters—I did not think to lock my trunk—I did not suspect her.
RAVINA SHEPPARD . I live in Arundel-street, with a maiden sister named Christina Waterson Sheppard—she is the housekeeper—on the 1st of August, the female prisoner came to our house between eleven and twelve o'clock in the morning, and said she had walked from Manchester, was in great distress, and had not a halfpenny in the world—I did not know her before—she is a Scotchwoman, and so am I—she said two young Scotchmen had walked with her, named Johnson and Steel, that her feet were very much blistered with walking, and asked us to take her in, which we did—next day, Sunday, she asked leave to go out to meet the two young men who had walked from Manchester with her, at Waterloo-bridge—we gave her leave—I looked over the window a little while after, and saw her speaking to Johnson and Steel at the corner of Arundel-street—after some time she returned—she aftsrwards had an order on the Post-office for 12s., which she said was from Manchester—on Saturday the 20th of August, between four and five o'clock in the afternoon, she asked permission to go and buy a collar—she said she would be back in a few minutes, but never returned—next day I learned Mr. Fairweather had lost his money.
Cross-examined. Q. Do you remember how many times she went out while with you? A. I think two or three times, with our consent—I saw
the Post-office order for 12s., and swear it Was not for more—I know nothing of her writing to Manchester.
SARAH HUDSON . I am the wife of Thomas Hudson, of Limehouse, and keep a coffee-shop. The prisoner Johnson, and one Steel, came to lodge there in the early part of August—they both came the tame night—on Saturday, the 20th of August, about six o'clock, Angus came, and inquired for Johnson and Steel, and while they were sent for, she asked me to go with her to buy a cap—I went with her to Mrs. Millens, Three Colt-street, where she bought a cap and bonnet, which came to a few shillings, and paid for them with a 5l. note, and directed them to be sent to my house—I afterwards went with her to Nathan's, and bought six shifts, which she paid for with another 5l. note—I went to my house with her to tea, and in about a quarter of an hour Johnson and Steel came—scarcely a word passed between them—I did not notice what did pass—five minutes after they came they went away with her—Steel returned that night, but not Johnson—Steel quitted the lodgings the next Saturday—Johnson staid till he was apprehended.
Cross-examined. Q. Was Johnson in the habit of paying you? A. Yes, he paid for both always—he gave me a sovereign on the morning of the 20th, before Angus came.
MR. CLARKSON. Q. Did you ever see Johnson write? A. I have, but never took particular notice of it—he wrote several letters in my presence—shortly after he was taken I received a letter, which I gave to the officer—I cannot exactly be positive that it is Johnson's handwriting—this letter produced has the appearance of the same—I cannot be positive that it is his handwriting—I believe it is—it appears like the writing I have seen him do—I never examined his writing.
MR. WILDE. Q. What do you mean by seeing him write? A. As I have passed through the room while he was writing—I never read his writing—as I have passed to and fro, I may have glanced at it—I never had it in my hand, or took a great deal of notice—I saw it was a very dark handwriting, similar to this I see now.
Q. He lived in your house some time? A. Seven weeks—he paid his lodging every week—I had a silver watch to take care of for him—I had never seen Angus before.
MR. CLARKSON. Q. What became of the silver watch? A. He asked me for it, and I gave it him a week before the officers took him—this now produced is it—I think he gave it to me the first week he came—he did no work while with me—he walked about in search of work, I understood—he boarded with me, and paid 6s. or 7s. a-week—Angus left a bonnet with me, to be taken to be altered where she bought the new one—some time after, I said I had forgotten to take this bonnet—he said, "I was to have told you to take that bonnet"—this was about ten days after Angus called, which was on the 20th—he never told me who Angus was—the signature to this letter is the same as Johnson used to write—to the best of my belief it is his writing—I believe it to be so.
MR. WILDE. Q. When did you see him write? A. He wrote several letters in my house—I have looked at his writing as I passed by his back I never read it—I generally wear glasses, and could not read his letters without—I had not got them on when I passed him—he told me he was out of employ when he came, and never after said he had got
work—(The purport of the letter, which was written very indistinctly, was to request Mrs. Hudson to state that he knew nothing of the woman who called, and was ignorant of her having left any thing at the house, and requested the witness to call on him at Westminster prison.)
WILLIAM WHITE . I am shopman to Mr. Turner, a draper, in High-street, Shadwell. On the 20th of August, from eight to ten o'clock in the evening, the two prisoners and Steel came to our shop—Angus asked to look at some black silk handkerchiefs, and purchased three, and three pain of stockings, which came to 16s.—she gave me a 5l. note, and four sovereigns and four shillings change was given her—Johnson said he had lost money by sovereigns the day previous, and insisted on having them weighed—his words were, "I have lost money by sovereigns the day before, and I should like to have them weighed"—they were weighed accordingly, and then put on the counter—Angus took them up, and they left the shop together—my master marked the note in my presence—I should know it again (Note No. 57462 produced)—here is my master's handwriting—this is the note Angus paid me—my master did not write on any other notes that day—she gave the name of Mrs. Johnson, Edinburgh steamer, and said the was going to sail the following morning.
HANNAH MILLS . I am the wife of Charles Henry Mills, and keep a milliner's shop in Three Colt-street, Limehouse. One Saturday evening in August, I believe the 20th, between six and seven o'clock, the female prisoner came to my shop with Mrs. Hudson, and bought a bonnet and cap, which came to 9s.—she gave me a 5l. note in payment—I wrote my own name and hers on it, at the time I received it—I asked her to write her name—she said she could not write—I asked her name, and she said "Mrs. Johnson, Edinburgh"—this is the note—(No. 86314 produced by MR. PHILLIPS.)
WILLIAM HARDING . I am a jeweller, and live in Greek-street. I do not know Angus, nor do I remember any person coming to my shop to purchase a wedding and guard-ring—the officer brought Angus to my shop on the 13th, to see if I should know her—I said I could not swear to her—she said, "If you can't swear to me, I can swear to you, for I bought these two rings of you, and changed one of the 5l. notes with you"—I do not remember selling two rings, and taking a 5l. note in change—I cannot swear to the rings, but I should say they are my selling—I have two entered in my sale-book as sold on Saturday, the 20th of August—I cannot tell at what time of day—I should say it was in the evening, from its being entered in the latter part of the day—I believe these rings were sold by me.
RICHARD JONES . I am in the employ of Mr. Morrison, a jewelrer, on Ludgate-hill. On Saturday evening, the 20th of August, I sold a silver watch to a female—I believe Angus to have been the person, but I cannot swear to her—she gave me a 51. note in payment—this is the watch—(produced.)
EDWARD TOMKINS . I am cashier at Messrs. Gosling and Sharp's banking-house. On the 17th of August the prosecutor received ten 5l. Bank of England notes and other money—these two notes produced are two the 5l. notes he received on that occasion.
GEORGE WESTOW (police-sergeant F 6.) On the 3rd of October I apprehended Steel, at Scotland—on the 11th of October I apprehended Angus, at Derby, and told her that I took her for stealing eight 5l. notes at the time she was servant at Arundel-street, Strand—she denied it—while she was at the police-court she said, "I did not take eight, I only took seven, and if you will go with me, I will show you where I changed every one of them"—I told her I had traced the notes—among other places, she went to Jones, the servant at Morrison's, and Harding, Mills, White, and Matthews—she said she had looked at the notes, and took them out of the box two or three times—at last she took them and went away with them—I produced a watch to her which I received from Pocock—she said she bought that in Fleet-street, and would show me the shop—she said, "Johnson had it, aod gave me his old one for it"—I received the old one from her—I do not know what became of it—I received this letter from Mrs. Hudson.
WILLIAM POCOCK (police-constable F 81.) I took Johnson in Fore-street, Limehouse, on the 17th of September—I told him he was charged with being concerned with a female who committed a robbery at Arundel-street, Strand, she being the same person who called at the coffee-shop to see him and Steel, and who was at his lodging on the 20th of August—he said no female had ever called at that lodging to see him while he lodged there, and that he had never slept out of the coffee-shop any night since he had been there—I asked him where Steel was—he said he was gone to Scotland—I asked if he had given any message to the person who kepi the coffee-shop about a bonnet—he denied all knowledge of the bonnet—I found two silver watches on him, and 2l. 15s. 3d., and several letters—he said the old watch his father gave him in Scotland, and the new one he bought in the street in London for 2l., and I must take care of the old one—he did not know the man—I asked if he bought the watch without taking the man's name—he said, yes, and he did not know the name of the street. MR. FAIRWEATHER re-examined. I did not take the numbers of the notes—I received ten 5l. notes from Goslings, and parted with two—I have no means of identifying them—I saw the notes safe last on Friday, the 19th—I was put most of Saturday. JOHNSON— NOT GUILTY .
2807. JOHN MORGAN was indicted for feloniously assaulting Thomas Tyrell, on the 20th of October, and cutting and wounding him in and upon his left arm, with intent to do him some grievous bodily harm.
THOMAS TYRRELL . I live in Little Store-street, Bedford-square—I keep cows. I went into the tap-room of the Goat, in Chenies-street, on the night of the 20th of October—the prisoner was there intoxicated—he staggered against me—I have known him six or seven years—I told him to sit down—he said I had been committed to the House of Correction for six weeks for theft—I seized his collar, and pulled him down in a chair—this provoked him—I went up to him, pulled Open his mouth, and said he was foaming like a mad dog, called him a vagabond, and not fit to be in the room—upon this he said, "Come to me again"—I went over to him, and put my finger towards his mouth—he pulled his hand from his pocket, and stabbed me in the arm with a knife—I lost a good deal of blood, and went to the hospital.
Cross-examined by MR. CLARKSON. Q. Is this the first time you have provoked him? A. We had a quarrel about two months ago, but that we
settled, and we shook hands—I said nothing to him this night till he staggered against me—I was in the House of Correction, and convicted of felony—I once threw water over him—he threw beer over me first—I never struck him—I never called him a blind b—I took hold of him gently—I Knew he had a seaton in his neck—I put my finger on his chin, not in his mouth—I never said I owed him a grudge, and would take the earliest opportunity of paying him.
JOSEPH LANGLEY . I was at the public-house—when I went in the prosecutor and prisoner were having words about a bridle which the prosecutor stole from his father-in-law—the prisoner was bandying him for that, and the prosecutor was bandying him for committing some assault—during the time the prisoner foamed at the mouth, seemingly with talking the prosecutor put his finger to his mouth or chin very gently, and said, "See, he is foaming like a barber's shaving-pot"—the prisoner said, "Will you do that again?"—the prosecutor put his hand over towards his mouth, but did not touch it again—the prisoner had his hand behind him, in his pocket,' and stabbed him—the prosecutor took his coat off, and I saw his shoulder was cut to the bone—the prisoner sat down, and was putting the knife into his pocket, and when the policeman came he took it from his pocket—before that, when he was told what he had done, he thumped his hand on the table, and said he did not care if he was hung for it.
Cross-examined. Q. Was he sober? A. I should say not sober, nor drunk—I never provoked him, nor called him names—I am a coach-maker—I will not swear I never said I should be glad to pay half the expenses of sending him out of the country—I never said it but once—that was when he was at the station on this charge.
FREDERICK CLARK (police-constable E 155.) I was called into the Goat, and found the prisoner, and found a knife in his right-hand coat pocket—he was not very drunk—in going to the station he said he had done the job for himself, but he should not have provoked him.
GEORGE CANNEY . I am a surgeon at the London University College Hospital. I saw the prosecutor the night this happened—he had a flesh wound on the upper part of the left arm, between two and three inches long, and an inch and a half deep—it was cut down to the bone—it was such a wound as the knife produced would make.
Cross-examined. Q. You never anticipated any serious consequences? A. No—it was only in the integuments and muscles—there were no large vessels in the place—any wound, however trifling, may become dangerous but it was not likely to be dangerous.
GUILTY of an Assault. Aged 22.— Confined Three Months.
OLD COURT.—Monday, October 31st, 1842.
Third Jury, before Edward Bullock, Esq.
2808. JOHN WELSH was indicted for stealing, on the 6th of October 3 shirts, value 5s.; and 1 shift, value 2s. 6d.; the goods of James-Hicks; and 4 shirts, value 6s., the goods of William Hicks; to which pleaded
GUILTY .— Confined Six Months.
2809. HENRY BAYLIS was indicted for stealing, on the 26th of October 1 spoon, value 2s. 6d., the goods of Patrick Mullins, his master; and JOHN WRIGGLESWORTH , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which they
GUILTY .— Confined Six Months.
GUILTY .— Confined Six Months.
WILLIAM PATTERSON . I am a labourer, and live in Gerard-street. On the 28th of October, between eleven and twelve o'clock, I saw the prisoner at Mr. Dudley's shop door, end saw him take a piece of printed flannel from the door and run away—I ran and stopped him with it in hit arms.
JOHN SPURLY . I am shopman to Joseph Dudley and another, linendrapers, in Gerrard-street. I saw the flannel safe at a quarter-past eleven o'clock—I ran after the prisoner on hearing the alarm, and saw him taken—I can swear to the flannel.
GUILTY . Aged 25.— Confined Six Months.
WILLIAM COACHMAN . I live in Tothill-street, Westminster. On Wednesday afternoon, the 26th of October, I was spoken to by a female—I went out of my shop, and saw a person running away—I followed and caught him, and asked him for a pair of stays—he said he had none—this pair was afterwards delivered to me, and are mine—they had been banging outside the door shortly before.
JOSEPH CUTLIFFE . I was passing along Tothill-street, and saw the prisoner with the stays under his coat—I am certain of it—I saw Coachman follow him—he was going very slow, but then ran down Wright's-passage, and the stays were found there—I saw a man pick them up—I ran down the, street, hearing a cry of "Stop thief."
(The prosecutor did not appear.)
NOT GUILTY .
Before Mr. Justice Erskine.
2814. ALICE LOWE was indicted for stealing, on the 22nd of July, 2 miniatures, value 15l.; 2 snuff-boxes, value 60l.; 1 toothpick, value 5l.; 1 gold box, value 9l.; 1 watch-hook, value 20l.; 1 opal box, value 20l.; 2 knives, value 4l.; 1 smelling-bottle, value 5l.; and 1 etui case, value 20l.; the goods of Lodge Raymond, Viscount Frankfort de Montmorency, in his dwelling-house.—2nd COUNT, stating them to be the goods of Lodge Raymond de Montmorency.
MESSRS. CLARKSON and BODKIN conducted the Prosecution,
LODGE RAYMOND, VISCOUNT FRANKFORT DE MONTMORENCY . At the time of this transaction, I resided in Southwick Terrace, Paddington—I came there about October or November last year—I have been for some time separated from Lady Frankfort—I first saw the prisoner on the 26th of May, when she came to my house in company with a Miss Mitchell, about ten o'clock at night—I had six or seven minutes conversation with Miss Mitchell, partly in the first-floor hall, and partly in the drawing-room and the hall—the lights in the drawing-room had been put out, and I was up stairs about retiring to bed—the prisoner and Miss Mitchell both went away together—I said nothing to the prisoner on that occasion, nor she to me—I did not expect Miss Mitchell or the prisoner that evening—I next saw the prisoner on the 28th—it might be about twenty minutes past ten o'clock at night—she came to the house in a cab alone—she ran up to the first-floor hall, just where I saw her before, and in about five minutes I came down—I was on the second-floor—I came down and found her just in the drawing-room, by the door—there was a light on the landing—I asked her what she had come for—she said she had come to see me and to stop—I at first said it was better for her not to stop—I said, "You may have friends at home who don't know where you may be"—she said she did not care, and she would stop—I kept the cab waiting till about one o'clock, and when she seemed resolved to stop, I went and sent the cab away, and she remained, and staid there till the night of the 22nd of July, passing the nights in the same room with me—I had not then the slightest reason to expect she was going—there was no quarrel or difference whatever between us—when she was with me I had in my possession two miniatures, one cost me 16l. and the other 10l.—three china snuff-boxes, which I have always been told were matchless, no value could be set on them—I believe my solicitor has ascertained they would fetch 20l. each at a pawnbroker's—they were bought with other things, also a toothpick case—I can set no value on it—I always bought these things in a large mass—I bought about 1500l.; worth at a time—I sent over to France and collected them—the toothpick case was worth more than 7l. or 8l.—there was a gold snuff-box worth 9l., a gold enammelled watch-hook, worth 20l., I think I gave 50l. for it—an opal-box worth more than 20l., a paper and penknife, worth about 5l., a gold smelling-bottle worth 25l., two etui cases, one worth 5l. and the other 20l.—I also missed other property—I never gave either of the articles I have named to the prisoner, nor permission to pawn or dispose of them in any way—they were kept in a wardrobe, where I kept my clothes, in the room in which I slept—she had access to them, as the drawer was open while I was m the room—it was not locked till I went out of the room—then I always locked it—I gave her a great number of things while with me—she brought no stock of clothes when she came—I had her supplied with articles of dress—she did not leave my house while with me, till she left finally.
Cross-examined by MR. ADOLPHUS. Q. How long ago was your lordship married? A. In 1835—my wife and I have lived apart about four years—she is living in Chapel-street, Grosvenor-square—I lived in Green-street, Grosvenor-square, before I went to the house in question—the house is
furnished now, it was not finished at the time the prisoner lived with me—only three rooms were then furnished—my family consisted of two servants, one maid-servant and a hoy—the female was cook, housemaid, and all—I parted with them about three weeks after the prisoner went—I have not brought them here, nor Miss Mitchell—I understand you have brought her—the prisoner never went out from the time she came, which was eight weeks—she had friends to visit her, who she stated to be her sister and niece, and the hair-dresser came to dress her hair, at her own request—his name is Mitchell—I have not brought him here—I saw this jewellery last in the wardrobe drawer—the prisoner's things were in a separate drawer—there were some of her things in the same drawer, and my clothes were there also, several shirts, cravats, and stocks—very few of her clothes were in that drawer—she kept her brushes there—her linen was in the drawer underneath—the drawer was accessible to her when I was in the room, not otherwise.
Q. Did you lock up her dresses?. A. I cannot say what she put there—she sometimes put them there—I always locked the drawer—several of my friends came to see me while she was living with me—Mr. Borrodaile, an attorney, Mr. Maloy, another attorney, and Mrs. Hooley—I do not recollect who else—they did not come to eat and drink, they came on business, and I did not see the prisoner—I always went down stairs to them—she saw nobody but her own friends, who used to come three times a-week, and sometimes four or five times a-week—she never asked leave to go out and I refused—she staid at home quite contented—when Miss Mitchell brought her she was not mentioned to me by name—Miss Mitchell brought me some tickets for her own benefit, for me to circulate for her—I took them, and did circulate them—she was there ten minutes—many people have brought me tickets, which I have circulated for them—I have circulated them for Miss Mitchell three or four times.
Q. How came you acquainted with Miss Mitchell? A. She had been in America, and became acquainted with somebody there who knew me, and wrote over for me to assist her in any way I could for her benefit—these three or four benefits have been within a year—I understood the tickets were for her benefit—when she brought the prisoner J did not ask who she was—I hardly had time—I never ask who comes with anybody—she came the next night but one, without any introduction, and said she had come to stay with me—I asked her no questions—she staid, and went to bed to me—I told her she might stop if she liked, and as long as she liked, but I would not keep her to run about the streets, and if she went she must stay away—she said she would stop—I said she might stop—I said if she went out she was welcome to do it, but she must stay out—no other woman had lived with me on those terms—I have children by marriage, and otherwise since my marriage—the mother of those children lived with me seven or eight years, and lived as she liked—the prisoner left about nine o'clock, and about ten I looked, and found the keys were gone—some of the cases were left—I looked in the cases, and they were empty—I sent a servant down to where she said her sister lived, in Richmond-buildings—the servant could hear of no such person there—I then sent word down to my solicitor, Mr. Wooller—the gentlemen I mentioned as calling were not my solicitors—they came on the business of other people—Mr. Wooller has been my solicitor when I have had occasion to send to the police-office—I was not in the habit of sending to the police-office—Mr. Wooller has been my solicitor about two years—he is not here that I know of—he advertised the articles
as he told me—I sent him the particulars of them—he told me he had advertised them afterwards—bills were printed—I saw one of them at the police-office on the second day—that was the first I saw—I understood it was the list of the things I had sent down—he told me he had circulated them—I have not settled my account with him—I never attended a police-office except on this business—I was not there about an Italian boy being beaten in the street—I was summoned there—Mr. Wooller attended for me—the Magistrate fined me—I never gave a lady a 50l. note instead of a 5l. note anywhere—Mr. Lewis conducts this prosecution for me—I dined at home nearly every day the prisoner was with me—I saw her wear diamond earrings which I had in the drawer with the other things—I gave her several other articles of jewellery, which she wore, such as brooches and rings—I have seen her wear a miniature of myself, which was lying on the toilet—the earrings, brooches, &c. were kept in separate cases in the same drawer with the things I charge her with stealing—the things I gave her she put into different drawers—they were in her work-box—I ordered her dresses for her, and paid for them—she did not go out to order them—I wrote for them—I did not go to the milliner's, and never said so, although that answer is in the depositions—I never gave Miss Mitchell clothes—she is an actress, and I rather think at the Olympic—I never asked her—I never had a lady come to my house besides the prisoner—I made inquiry to find the prisoner of several people, and from the information they gave me I sent immediately down to Mr. Wooller—I received two letters from the prisoner after she left, which are here—one came by post on the 29th of July—the other is dated the 3rd of August, and I received it about then—I sent the let ten to Mr. Wooller, and left it entirely to him to act—the milliner sent pattern of dresses to her, which she set on, and sent back again—Miss Mitchell was once going to act for some benefit, there was a uniform coat she was to wear, she did not know what uniform was right, I lent her a pattern, and she took it to her own tailor.
COURT. Q. You say the prisoner left your house about nine o'clock? A. Yes—I discovered the things were gone about ten—I was up stairs in the library when she left—that is over the bed-room—the wardrobe drawer was locked—the things had gone, according to the tickets, a mooth before, but the cases were left—I found the drawers still locked.
ARTHUR JAMES JONES . I am in the service of Mr. Vaughan, a pawnbroker, in the Strand. I produce a miniature in gold cases, which I received in pledge on the 26th of July, in the name of Miss Chester No. 38, Craven-street—I know the prisoner as a customer, a person who passed as her sister, and another as her niece—I cannot say for certainty which of the three pawned it—it was pledged by one of the three for 30s.—I produce an antique gold snuff-box pawned on the 30th of September by the prisoner for 7l. 5s., and another pledged on the 30th of July, with a third, by the prisoner for 5l., together, in the name of Miss Chester, Leicester-place—they are Dresden china with gilt linings—I should say they are very valuable—I have left one at home, as it would not go into the box—I have a gold and enamelled watch-hook, which was left on the 30th of September by the prisoner, at the same time as the gold snuff-box—I did not give any duplicate for the articles brought on the 30th of September—I advanced 26l. 10s. on them I believe—she said she could not wait, and would call in the afternoon for the duplicate—I have an opal box, which was part of the things brought on the
30th of September, and two knives, which I have not brought—I have a gold-mounted smelling-bottle in a gold case, pledged on the 7th of June, in the name of Miss Chester, William-street—it is of antique and elaborate workmanship, and has a diamond spring—I am not certain which of the three brought it—it was one of them—I have another smelling-bottle in a gold case pledged on the 9th of July with a card-case for five guineas by her sister, I believe, in the name of Miss Chester, No. 38, Craven-street—I have an etui case cased with gold, and with a diamond snap and cornelian feet, pledged on the 7th of July—the whole of the things produced had been redeemed on the 30th of August, and left again on the 30th of September, and I advanced 26l. 10s. on them—they were all pledged singly except two, afterwards redeemed on the 30th of August, and again all deposited on the 30th of September—I hold the duplicates which belong to us—those which ought to have been given her I have left at home—the whole of the articles, I believe, were pledged in the name of Chester, the only name by which I knew her—I have a toothpick-case pawned for 1l., in the name of Miss Chester, Gerard-street, by the prisoner—it was part of the lot pawned for 26l. 10s.—some of the articles were enclosed in leather cases, and some not.
Cross-examined. Q. You knew the girl's person perfectly well, I suppose? A, Yes, she had been a customer at our shop frequently—I knew she was living with some nobleman, but knew nothing else about her—I cannot say whether the things pawned before the 30th of September were brought by her—I put the address down as a matter of course, knowing where they lived—I never saw a bill distributed among the trade, describing the articles—when such bills are distributed they are stuck up in the shop for a week or fortnight—if such articles had been announced to us as lost or stolen in July, we should not have lent money on them in September—I know nothing of any such notice in the trade—there was no secrecy or concealment when they were brought—I told her they were unusual things for us to see, and it was necessary to make inquiry—she satisfied me at once, by saying they were presents.
MR. CLARKSON. Q. Would you be satisfied upon articles of considerable value being brought, if the persons told you they were presents? A. Not unless I knew them, and the mode of life they were leading—I have known the prisoner four years as a customer—it was about the early part of June, this year, that I knew her under the protection of a nobleman—I have frequently known her in similar circumstances, not from any communication from herself, only from supposition and hearsay—I only knew her as pledging.
WILLIAM BOURNE . I am assistant at a pawnbroker's, named Rochford, in Brewer-street, Golden-square. I produce a miniature, in a gold case, pawned on the 26th of July, by the prisoner, in the name of Mrs. Lonsdale, No. 18, Craven-street, Strand, for 2l. 10s.
JOHN HAYNES . I am inspector of the A division of police. On the 30th of September, I went to No. 46, Gerrard-street, Soho, and found twelve pawnbroker's duplicates, six of which I gave up to the prisoner's solicitor, by direction of the Magistrate, being her own; one of the others is for a snuff-box, pawned on the 30th of July, at Mr. Vaughan's, Strand, in the name of Miss Chester, No. 36, Craven-street; one for a gold chain, scentbox, and gold-mounted tablet, pawned on the 9th of July, for 3l. 10s., in the same name and address; one on the 7th of June, a smelling-bottle and gold
case for five guineas, in the name of Miss Chester, King-street; one on the 26th of July, for a miniature for 2l. Os. 2d., at Rochford's, Brewer-street in the name of Mrs. Lonsdale, Craven-street—I had seen the prisoner into the house in Gerrard-street on the evening of the 29th of September—I found the duplicates in the lid of a work-box, or writine-desk—when I went I inquired for her, but she was in custody at the time.
Cross-examined. Q. You never was employed in this busineu till the 29th? A, I had heard of the affair a fortnight or three weeks, and Mr. Lewis had come to say that property had been stolen from Lord Frank fort's—I traced her to the house by making inquiry.
MR. CLARKSON. Q. About three weeks before Mr. Lewis bad given you notice, and desired she might be taken into custody? A. Yet, but I was not personally engaged in looking for her till the 29th.
LORD FRANKFORT (examining the articles.) These are all mine, and what I missed from my house.
Crossrexamined. Q. Did Miss Mitchell come to your house much while the prisoner was there? A. She might have come twice—I have no impression that she came more than twice—the prisoner offered her in my presence a small etui case—she had then lived with me about three days—I forbid her—I would not Jet her—it was not in a case, it was lying on the table—I said I would not allow any person to give that away—I have been in the army, and left when I became of age, in 1837—I was in the 10th Hussars, under Colonel Wyndham—Lord Londonderry is Colonel of the regiment.
NOT GUILTY .
2815. ALICE LOWE was again indicted for stealing, on the 7th of June, 1 smelling-bottle, value 20l.; 1 scent-box, value 20l.; 1 tablet, value 2l.; 1 pair of earrings, value 70l.; and 1 pin, value 25l.; the goods of Lodge Raymond Viscount Frankfort de Montmorency, in his dwelling-house.
MR. BODKIN offered no evidence. NOT GUILTY .
2816. HENRY COX was indicted for stealing, on the 30th of April, an order for the payment of 186l.19s. 6d., the property of George Clark, his master.—2nd COUNT, stating it to be the property of George Clark and another.—2 other COUNTS, calling it a warrant; and that he had been before convicted of felony.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
GEORGE CLARK . I am a solicitor, and live at New Brentford, and am clerk to the board of guardians of the Brentford Union. In March, Apil, and May last the prisoner was in my employ as clerk—he had been in my service about six years—it was his duty to assist in the money departmen of the Union, and in the payment of the drafts—Charles Roope was employed as a tradesman to the Union—the sum of 186l. 19s. 6d. was to him on the 19th of March, from the Union—the cheque now produced was signed for that amount in his favour by the presiding chairman of the board, in the presence of two guardians—it was handed over to me in that state on the 23rd of March—I had to countersign it before it was paid to Roope—it would not be paid by Messrs. Twining without my counter signature—the prisoner came to me about that cheque about the 30th of April, and said Mr. Roope wanted his draft, would I sign it—I did so, and handed it over to him—he left on the 1st or 2nd of
June through indisposition—he never came to my office again as clerk—he left ultimately about the 24th or 25th of June—I received a letter from him on the 27th, and then he had quitted wholly—I had not received any intimation from him of his intention to do so—I did not see him again till be was in custody—I did not see Mr. Rooper before the prisoner left—after receiving the letter I made inquiry, and found that he had wholly gone away.
Cross-examined by MR. ADOLPHUS. Q. From where? A. From his residence at Isleworth—he had gone away entirely—it was a month or more before I heard from him again—he was originally a clerk in my office—I afterwards employed him in all sorts of ways in the Union—I did not make him a separate allowance for the Union business until latterly—I increased his salary—he conducted himself so well that the board wished to make him a present—I got an increase for my services, end gave it to him—the cheque was issued at Lady-day quarter, and counter-signed late in April—our quarters commence on the 19th of the month—the cheque is dated 29th March—it would belong to the quarter between the 19th of March and the 19th of June—that is a regulation always acted on till latterly—I know of no order of the board for that—the cheque is delivered to me by the board of guardians, and I countersign it, and pay it to Mr. Roope—Twinings are the treasurers of the Union—very large sums of money passed through the prisoner's hands; a great many hundred pounds. MR. BALLANTINE. Q. Have you made up the deficiency to Mr. Roope? A. I have, out of my own pocket—I have a partner—I paid the 186l. 19s. 6d. to Mr. Roope out of the partnership money—my partner is not the clerk of the Union.
CHARLES ROOPE . I am a linen-draper. I have been in the habit of supplying goods for the Brentford Union—for the March quarter my account was 186l. 19s. 6d.—I never received this cheque in payment, or any cheque or draft from the prisoner for that amount, or for that quarter—I bad not made any application to the prisoner in April to get me a cheque from Mr. Clark—I never authorised him or anybody to make such an application to Mr.—Clark—I have since received payment from Mr. Clark. Cross-examined by MR. DOANE. Q. You have received cheques, I believe, from the prisoner? A, I have, for some considerable time past—my son sometimes receives money for me in my absence, and also Spence, my clerk—he did not very frequently receive parish money—I think only on one occasion that I know of—he is not here, nor was he before tire Magistrate.
CHARLES ROOPE, JUN . I am the last witness's son. I never directed the prisoner to apply to Mr. Clark for a cheque of 186l. 19s. 6d. for the quarter due on the 19th of June—he never paid it to me—I never authorised him or anybody to apply for it.
JAMES DIGNUM . I produce a certificate of the prisoners former conviction which I got from Mr. Clark's office—(ready)—I am an attorney—the prisoner had been in my employ—I prosecuted him in 1834, when he was convicted of embezzlement, and sentenced to seven years' transportation—he is the person mentioned in the certificate.
GUILTY . Aged 30.— Transported for Fifteen Years.
2817. ALFRED LEWIS and HENRY PASSENGER were indicted for a robbery on William Bugden, on the 22nd of September, putting him in fear and danger of his life, and taking from his person, and against his will, 1 purse, value 1s., and 7 shillings, his property; and immediately before, at the time of, and after the said robbery, feloniously beating and striking him; and that Lewis had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
REV. WILLIAM BUGDEN . I am a Roman Catholic clergyman, and live in Upper Holland-street, Kensington. On the 22nd of September, about half past nine o'clock at night, I was on my way through the Park—I went in at the Hyde-park Corner gate, and went down the gravel-walk, by the side of the drive, by the first stone bridge across the river—I mean the bridge nearer Hyde-park Corner—when I arrived there, I heard a whistle, and three men rushed out suddenly upon me—I know not from where, but I should say they came from a plantation which was near—I had not seen them before—they came at my side, and the plantation was more at my side—one of them seized hold of the front of my coat violently, called me a dirty s—, and said, "I have seen it, and there goes the soldier," pointing to a soldier who was on the other side of the ride, proceeding along the path leading to Cumberland-gate—(the other two did not lay hands on me at this moment, they stationed themselves one on each side of me as a guard)—he then lowered his voice, and said, "I must have some money"—he spoke quite loud enough for the other two to hear him—I said, "I shall not give yot any thing of that nature, you shall not have anything from me"—on this he thrust his hand into my left-hand trowsers' pocket, and took from it a brown net silk purse with steel slides and tassels, containing between 7s. and 8s.—during the time he was doing this, the other two were standing on either side of me—the prisoners are certainly those two men—up to the time when the third man put his band into my pocket, I saw no one near me but the two prisoners and the soldier alluded to, who might have been 600 or 700 yards off—the two prisoners both made the accusation at the same time with the other man—I was so alarmed at the time that I do not know whether I cried out, but I have heard since that I did—after the first man took my purse he ran away—there is one incident which I do not think I mentioned at the police-court, which I wish to mention now, but I felt as if I had awoke from a dream after the occurrence, the man that took my purse, knocked my hat off, and endeavoured to strike me with something which he had in his hand—it appeared to me to be a life-preserver—I bent down my head, and escaped the blow—I am confident the pnsoners must have seen the first man take my purse and run away—on his doing so Lewis took hold of me—I cannot swear that Passenger touched me—I cannot swear whether he did or did not—he said the same as the other did—he accused me in the same manner—when Lewis took hold of me, I said "Why don't you leave go? Leave go—I must give you in charge."
Q. Did you say for what? A. For stealing my purse, or for aiding the other man in stealing my purse—I charged them with aiding the other man in stealing my purse—in a short time two or three persons other man in stealing my purse—in a short time two or three persons came up—I desired them to fetch the police, and shortly after Beckerson came up, and I gave the two prisoners in charge—among other persons that came up I have since recognised Mr. Fargues of Hull.
Cross-examined by MR. ADOLPHUS. Q. Was it a light or a dark night? A. Light, it was a moonlight night—the moon was up and shining—I cannot say that Passenger did anything—he was by at the time the first man charged me, and he joined likewise in saying it after the other—I did not hear any person ask him in the Queen's name to assist in taking me on the charge—I can say that no person called on him in the Queen's name—I did not hear anybody—if any person had said it I should certainly have heard it—it could not have escaped from my memory—the blow with the life-preserver did not escape my memory—it occurred to me afterwards, but that was not by one of the prisoners—at that time there was no person about me but the three persons concerned in the act—I do not know any of the persons that came up afterwards—they came up in about three minutes—I understand it was in consequence of a cry which I made—I did not hear the prisoners raise any cry.
COURT. Q. You say about three minutes elapsed between the time when the first man ran away and the people coming up to your assistance? A. No, from the time I was first attacked—not above three seconds elapsed from the third man running away and the other persons coming up—when they came up Lewis had hold of me by the throat and by the collar of my coat—I had not hold of him—they could both have run away if they had pleased—the third man, when he made this charge, said he had seen it, and the prisoners used precisely the same words—they both said they had seen it.
FRANCIS FARGUES . I am a commercial traveller. I was in Hyde-park on the night of the 22nd of September, coming from Knightsbridge, and saw the prosecutor—he was about fifty yards off when I first saw him—I heard a thistle, and heard a person catl out, "Police, murder!"—I saw two or three persons before that, but did not take particular notice of them, not having my attention called—when I came up within a few yards I saw the prosecutor and the two prisoners, another person was running away—I did not see anything before I saw the third man running away—I heard the cry of "Murder and police" before I saw the third man running away, and directly after I heard the whistle—I made the best of my way to the spot, and saw the prosecutor and the two prisoners, Passenger at his side, and Lewis in front of him with his hand up, bridling him up under the chin—the third man was running away directly I heard the cry of "Murder and police"—when I saw Lewis with his hand on the prosecutor's coat, he said, "We will make it all the worse for you," or words to that effect—I heard the word "worse"—at the time he said that, Passenger had hold of the prosecutor's arm at the side—I saw that distinctly—at the time I came up there were no persons with the prosecutor but the prisoners, the third man had run away—the prosecutor appeared very excited and all of a tremble—he asked me to go for the police, which I did, but turned back fearing that he might get some harm, or that the prisoners might escape while I was gone—I do not think I was away from him wore than two minutes—when I returned there was a young man there with an umbrella in his hand, who is here—neither of the prisoners had hold of the prosecutor then—a policeman came up about four or five minutes after—when I came back I took hold of both the prisoners by the collar—Lewis said, "You had better let me go, or else we will make you," or words to that effect—I believe those were the words he made use of—I
told him it would take a better man than him to do it—I retained possession of them both until the policeman came.
Cross-examined. Q. In whose employ are you? A. In Barlin Brothers, tobacco and cigar manufacturers, West Smithfield—this was a dark night, as near as I can tell—I cannot tell whether it was rainy—I know it was rather a dark night—it was not moonlight, at all events—I went up to the spot immediately on hearing the whistle, and before I reached the place where they were, I heard a cry of "Murder," and "Police"—a few seconds elapsed between my hearing the whistle and hearing the cry of "Murder" and "Police"—I positively swear that Passenger had hold of the prosecutor's arm—I saw him with his hands on him, and they said they would make it an example to him—I cannot tell which said that—when I went away to go for the police, I desired the prosecutor not told them go—there was no one there then but the prisoners—they had hold of the prosecutor—I thought he might prevent their going away—a young man named Verey, I believe, came up—Passenger did not say any thing when I collared him—I was not before the Magistrate.
MR. CLARKSON. Q. Have you any recollection what sort of a night it was? A. Really I have not—I have been into the country since the transaction—I went on a journey the next morning—I saw the account is the newspapers, in which the Magistrate expressed a wish that those who had seen the occurrence would come forward, and when I returned to tows I sent in my name.
Lewis, He says he had hold of me, which he had not; I did not have hold of the prosecutor by the collar, I only had hold of him by the wrist Witness. I had hold of him.
GEORGE VERRY . I am a tailor, and live at 7, Upper Rupert-street, Piccadilly. On the evening of the 29th of September, about half-past nine o'clock, I was near the Serpentine river, and heard the cries of "Murder," which induced me to leave the path—I was coming from Oxford-street, and the cry was on my left—I ran in the direction of the cry and met a man running across the greep towards Oxford-street, directly is the path way, who I asked what was the matter—he gave me no answer, but kept running on—it was a fine moonlight night—I came up to the prosecutor, and found the two prisoners having hold of him—Lewis had hold of him by the upper part of his coat, apparently trying to choke him and Passenger had hold of his arm, but he let go his hold the moment I appeared—the prosecutor told me he had been robbed of his purse—the prisoners said they had caught him committing an unnatural offence with a soldier—I think they both spoke—I know one of them did—I cannot positively say which one it was—they said, "Look here, this is a d—s—, I found him committing s—with a soldier"—those were the words.
Q. Have you a sufficient recollection of the words to be able to say whether he said, "I found him," or, "We found him?" A. "We found him"—I am sure of that—it was said loud enough for the others to here—there were several persons round—every one there might have heard it I hit his hand with my umbrella, and told him whatever the man had done he was to leave go of him, not to choke him—he said if he did he would run away—I told him that neither party should run away, neither him nor the prosecutor, till a policeman came—some person went for a policeman—I should think before the policeman came that ten or twelve people came
up—I did not notice Mr. Fargus, not to recognise him again—I noticed Jarvis—he ran for the policeman, and they were given into custody.
Cross-examined. Q. What were you doing in the park at that time in the evening? A. I was crossing from Oxford-street to Knightsbridge—there were several people walking in that direction—they were some distance from the path—I could see several people passing each way—after the policeman came up, I went on my way to Knightsbridge—I was obliged to go on my business—I did not go to the station to make this charge. nor appear before the Magistrate—I was found out by seeing the account in the "Times," and saw there that the Magistrate regretted that no one appeared—I am a journeyman tailor, in the employ of Mr. Gould, of Parkside, Knightsbridge, and have been so about twelve months, off and on—I was never charged by the Mendicity Society, or committed by them as a vagrant—I swear that—I was taken some years ago for selling pencils in the street, being out of work—I was committed for seven days—I have never been committed since then for any thing—I was never in prison but that once—I swear that—I never went to the doors of carriages to ask for charity—I was sent to Tothill Fields prison from Marlborough-street—I do not know who by—it is four years ago—I am sure that both the prisoners had hold of the prosecutor—I am not positive whether they both spoke—there were several persons round at the time—I did not know any of them—it appeared to me that both the prisoners spoke the same words—both made the charge—I have never solicited the benevolence of anybody since four yean ago—I have not been in work ever since—I have never lived out of town—I have been out of town, but not for upwards of two years.
MR. CLARKSON. Q. Did you before this occurrence know any thing of the prosecutor? A. No, nor of the prisoners—the only thing that induced me to appear as a witness was from reading in the newspaper the observation of the Magistrate—I am a single man.
JAMES JARVIS . I am a master painter, and live at 27, Great Harcourt-street, Bryanstone-square; I have a shop there, and also one in Boulogne. I was in Hyde Park on the night of the 22nd of September, coming from Knightsbridge across to Cumberland Gate—I had occasion to pass the bay of the Serpentine, which is in a direct line from Knightsbridge—as I was passing that part before you come across the side where the gentlemen ride on horseback, I heard a loud whistle, and when I got to the bay of the Serpentine, I saw the prisoner Passenger running very fast towards me—(I had never seen either of the prisoners before that night)—I did not stop him—after he had passed me, I heard Mr. Bugden hallooing for help. Q. Look again at the prisoners, and see whether you are right or wrong about the person you say was running? A. I am pretty near sure I am not wrong—I knew it was the tallest of the two, because I saw them both together directly after—I saw the prosecutor at the end of the bay, a little more than half the distance from the Serpentine to the end of the enclosure, from the man I saw running—it was directly I crossed the ride that I saw Passenger running towards me—he turned the corner, and went round the enclosure in a direction away from where I afterwards found the prosecutor—he went round the plantation, which would bring him to the spot where the prosecutor was—that is where he returned to—it was immediately after I heard the whistle that I saw Passenger running—the moment he passed me I heard Mr. Bugden cry out, and I then ran towards where I heard the cry—I there found Mr. Bugden, and Lewis holding him by the collar
of his coat—there was one more person that just came up to him before me—I am not positive who the person was, but I believe it was the witness Fargus—I inquired what was the matter—Mr. Bugden said he had been robbed of his purse, and wanted assistance—I asked Lewis why he was holding Mr. Bugden by the collar—he said that he had been seen with a soldier, or some other person, committing an unnatural offence, and he was directed to hold him till the third person fetched a policeman, that he was gone for a policeman, but had never returned—Mr. Bugden seemed almost out of his mind—he hardly knew what he said—he appeared very much agitated—I suppose it was ten minutes or more before a policeman came up—there were a great many people congregated before a policeman could be found—Passenger went round the plantation and came back—it was not above two minutes after I came up to Mr. Bugden before he was round and back—he got back two or three minutes after I got up to Mr. Bugden—he was very quickly up—he merely went round the plantation and back again—when he came back I said, "I think you are the one that ranaway"—he said he had been for a policeman, but could not see one—I told him I had just met him running away, and J supposed he was the one that had been running—he came up to Lewis and Mr. Bugden direct, took hold of Mr. Bugden's arm, and told Lewis that he could not find a policeman—there were several people by at this time—I should say there most ban been five or six—he told Mr. Bugden that he should not go till a police-man was found—he did not say what Mr. Bugden had been doing—Lewis did.
Cross-examined. Q. How far was the man you saw running away, from Mr. Bugden at the time you met him? A. About the width of the Serpentine—he was then clear away from every body—he returned of his own accord, and said he could not find a policeman.
ROBERT BECKERSON (police-constable A 4.) I took the prisoners into custody—the prosecutor pointed them out to me, and gave them in charge for robbing him of a purse and 8s. or 9s., and also accusing him of an unnatural crime—he said three persons had done it, and these two held him while the third party robbed him—I searched them at the station-house, and found two keys and a knife on Passenger, and 2 1/2 d. and a knife on Lewis—it was a starlight night—the moon was not up.
Cross-examined. Q. Where did you take them to? A. To Vine-street station—I there booked the charge, and next day took them before the Justice—no witness was examined there but Mr. Bugden and myself—I knew nothing of Passenger.
Lewis. Q. When you came up to me had I got hold of Mr. Bugden, or was I standing with the other people? A. If I recollect right you woe in the custody of one of the witnesses.
Lewis. I was standing with the other people, and when you came up Mr. Bugden pointed us out, and accused us of taking away his purse; you immediately took us, and asked Mr. Bugden whether he could get any of the other people to come to the office, and state what they had seen; he said he did not know, but he left to go and ask them; he then returned, and said they would not come to the office, they would not trouble their heads about it; we were given into custody, and that was enough.
Witness. Three or four persons said they saw the transaction, but in consequence of business they could they could not attend at the police-office—I believe Mr. Bugden
spoke to two or three people to come to the station, where the charge was taken, but in consequence of business they could not come to the station next morning.
COURT. Q. Are you positive that at the time you came up Lewis was in custody of one of the other witnesses? A. I am quite sure—the witness had hold of him by the back of the collar of his coat.
Lewis's Defence. I have no character to bring; I am a poor lad, a boot and shoemaker by trade, and was apprenticed to Mr. Martin, of Kingsland-road; I served him four years and a half; he died, and I returned to my mother's; I lived at my mother's at the time this happened; I was coming from the Serpentine down the walk, and saw a tallish man in a light coat, and Mr. Bugden; the tall man said to me, "Here, I hope you will stay here, and mind this man while I go and get a policeman to give him into custody, as I found him committing an unnatural crime with the soldier that is yonder;" I saw a soldier; I said if it was true of course the gentleman ought to be given into custody; he said, "If you will stay by him, I will go and get a policeman;" I took hold of him by the arm; the other man, I do not know who he was, ran across towards Hyde Parkcomer, with the intention, as far as I know, of getting a policeman; I still kept by Mr. Bugden; he pulled away to go towards the Serpentine, and said, "Leave go of me, I have done nothing; leave go of me." I said, "Sir, if what the man has said is true, you ought to be apprehended for it;" be said, "It is not true;" I said, "The man has gone for a police-man, which he would not do if you had not committed the crime;" we came on to a fence where the third man first spoke to me; I stood on the pathway with him; he still kept pulling towards the Serpentine; he said, "Let go;" I said, "Go which way you will, I intend to go with you till the other man brings the policeman to say what he has against you," but as to knowing the other man, or Passenger, I did not; I stood by Mr. Bugden, and ten or eleven people came up; a young man and an elderly gentleman came up, and inquired what was the matter; I stated the matter to them, and Mr. Bugden contradicted it, and said the man that ran away had stolen his purse; I did not believe that; the people said, "Why do you hold the gentleman, if I was him I would knock you down for it;" I said the man had given him in my charge, and it was my duty to hold him; I held him by the wrist; he staid there, it might be five minutes or more, and a policeman came up; I and Passenger were then standing in among the people; neither of us were in custody of any body; he told the policeman to take us into custody, and he took us up to Vine-street.
(Mary Wilson, broker, 33, Little Pulteney-street, and James Stanton, carver and gilder, 4, Crown-court, Golden-square, deposed to Passenger's good character.)
PETER ROGERS . I produce a certificate of Lewis's former conviction, which I got from Mr. Clark's office—I was given to understand that he pleaded guilty—I was not present in the Court—I was before the Grand Jury, and was a witness to the transaction with which he was charged—I was the prosecutor—I saw him before the Magistrate—I charged him with stealing eight pairs of ladies' fur boots—he was committed on that charge—I know him to be the party charged with that offence—he had worked for me—(certificate read.)
LEWIS— GUILTY . Aged 21.— Transported for Life.
PASSENGER— GUILTY. Aged 22.—Recommended to mercy on account of his previous good character. — Transported for Fifteen Years.
Second Jury, before Mr. Recorder.
MR. BODKIN conducted the Prosecution.
JOSEPH FOWLER . I am a labourer. I am a member of a society called the Recbabites—there are other members—in March last I was steward of the Rose of Temperance Tent—what other societies call a "Lodge," we call a "Tent"—the money is the money of all the members jointlyl—there is a district of the society called the "London District," of which a gentleman named Russell was secretary last March—the prisoner applied to me in March respecting a sum of 6l. 16s. 11d., which it was necessary to pay Mr. Russell from the funds of the club—I have a book in which an entry was made of it in the prisoner's writing—(reads)—"District return, 6l. 16s., 11d., 30th March."—At the time that entry was made I huded him over that money with other money—it was his duty subsequently to produce a receipt for the money, if he paid it—he handed me this receipt for 6l. 9s. 5d. at one of our meetings—I cannot say exactly the date—he gave it me as the receipt for that money—he did not state whether he had paid the money—he only produced the receipt—I did not observe the sum at the time, but, on looking over the book, I saw that it was 6l. 16s. 11d., and asked why he had not produced a receipt for the whole of the sum—he said he must have another receipt at home, for goods, or something, to account for the difference—I asked why he wanted two receipts for the pay ment of one sum of money—he could not account for it—he said it out be for goods, or something.
Prisoner. Q. I believe you keep another book? A. Yes, in which I keep a check with the secretary as to the amount expended, and the disbursements which take place on the nights of meeting—it is a private book of my own, not belonging to the society—this is it—(producing it)—I put down some money which I receive, and some I do not—I have no entry respecting this transaction—some supplementary by-laws were purchased of Mr. Russell, and furnished by you to the Tent—you talked of paying for them yourself—I believe those supplementary laws formed a portion of the money I paid you—I do not remember whether it was on a quarterly night, or a night after—I recollect breaking open the box of the society—I believe Mr. Storey, a member of the tent, was present—I never. stated that I did not see you from the time of paying you this money until you were taken into custody—this is my deposition, and my signature—(the deposition of the 29th of September being read, stated—" He gare me that receipt some time in June last, and I have not seen him since till to-day"—the deposition of the 6th of October stated—" I now recollect that I did see the prisoner after the production of the receipt, I saw his in the month of July last, at one of our meetings.")—When you were absent from the tent, I believe Mr. Harvey and others officiated for you as secretary—they have not given receipts—I do not believe that on tose occasions they inserted the sums received and expended in the cash-book, but on waste paper, and you afterwards copied it into the cash-book.
MR. BODKIN. Q. Have people officiating for him anything at all to do with this transaction? A. Not at all—he entered this 6l. 16s.—11d. in his own writing, and brought me this paper as a receipt—there is a mark on it—I can swear it is the same receipt as he gave me at the meeting.
WILLIAM RUSSELL . I live in Broadway, Westminster. In March last I was acting as secretary of the London District of the society of Rechabites—the prisoner was secretary of the Rose of Temperance Tent—in April last he paid me 5l. 1s. 7d. on account of that tent—it is a fund in which Fowler is interested as a partner—the 5l. 1s. 7d. was paid on returns due from that tent to the district—I have here the return made up by him—it is 5l. 2s. 7d.—there is a mistake of 1s.—that reduces it to 5l. 1s. 7d., which is in the prisoner's own writing—I gave him a receipt when he paid me—this receipt is not it—it is not my handwriting—it is written on part of a letter which I addressed to the prisoner in the course of business—here is "Mr. Buchanan, 19, Durham-row, Church-yard, Hackney"—I know the prisoner's handwriting—I should say this receipt is his writing considerably disguised.
Prisoner. Q. Have you any recollection of the day the money was paid? A. Not the exact day—it was early in April—I know of no corrected or supplementary returns being given in—I have not heard of any given to Mrs. Russell—this letter—(looking at one produced by the prisoner)—is my writing—I wrote it to inform you that you had paid 12s. instead of 12s. 6d. for one Baker's over-age money—that is all—I know of no other corrected return.
MR. BODKIN. Q. Is there anything in that paper that has reference to this sum? A. It has so far reference to it that it goes to prove that the money he paid was 5l. 1s. 7d.
JOHN WALTON . I am a member of this society. This entry, on the 30th of March, of "District returns, 6l. 16s. 11d.," is in the prisoner's handwriting—I believe this receipt to be the prisoner's handwriting—I have seen him write frequently—I feel confident of it being his.
Prisoner. Q. Where have you seen me write? A. At the tent—I have seen you write words as well as figures.
COURT. Q. Does it appear his usual character of writing, or otherwise? A. Not particularly disguised—it is his writing—I do not perceive any disguise from his ordinary writing—(read—"April 18th, 1841. Received of Mr. Robert Buchanan, 6l. 9s. 5d. for the London District. WILLIAM RUSSELL.") Our society is purely benevolent—we meet for the purpose of keeping a fund for the support of our sick members, on the terms Mr. Fowler has mentioned.
(The prisoner, in a long defence, stated that other members of the tent made entries in his book during his absence, and that money was frequently paid to Mrs. Russell; that the receipt in question would not have been produced to Mr. Fowler at all, his office having expired, but to his successor; and that he had written to the chief ruler of the tent, and Mr. Russell, begging that if there was any error, he might be allowed a meeting, to make things correct, which had been refused.)
MR. RUSSELL re-examined. I received-no letter from the prisoner stating that if there was any error he was disposed to rectify it—be waited on me on other business, and I then informed him that I had been made acquainted by the officers of the tent that there was something wrong—he said, "Well, I will go next week, and whatever is wrong I will make right"—he paid me 7s. 6d. on that occasion, to make the subsequent quarter right—that does not touch this inquiry.
GUILTY . Aged 38.— Confined Two Years.
(There was another indictment against the prisoner.)
OLD COURT.—Tuesday, November 1st, 1842.
Fourth Jury, before Edward Bullock, Esq.
GUILTY .— Confined Four Months.
2820. MARY ANN M'CARTHY was indicted for feloniously breaking and entering the dwelling-house of Catherine Lamphier, on the 25th of October, and stealing therein 1 gown, value 8s.; 1 shift, value 1s.; and; 3 shirts, value 3s.; her goods.
CATHERINE LAMPHIER . I am a widow, and live in Lion-yard, White. chapel—I left my house on the 25th of October at nine o'clock in the morning—I locked it up, put the key into my pocket, and went to my stall in the court—at three o'clock in the afternoon I received information and ran along Mile-end towards Black Lion-yard, and found the policeman had got the prisoner in custody—he took a gown, three shirts, and a shift from her, which were mine, and had been in my bed-room, except the two shirts which had been on a line in the front room—the prisoner pot her hands round my neck, and said, "Pray don't hurt me"—these articles are mine—I am sure I locked the door—I rent the rooms—the landlord does not live in the house—I found the door unlocked and half-way open—no force had been used.
ELIZABETH WEAVER . On the afternoon of the 25th of October, I saw the prisoner in the prosecutrix's room, with the things in her apron—the door was open—she said to me, "Don't shut the door, I shan't be ✗ moment"—she came out and went towards Mile-end—I went and told the prosecutrix, and saw her stopped.
Prisoner's Defence. I never went into the prosecutrix's house, and new opened my mouth to the policeman.
(The prisoner received a good character.)
GUILTY of Stealing only.—Aged 19. Recommended to mercy. —
Confined Four Months.
Before Mr. Justice Maule.
2821. EDWARD BANISTER and JOSEPH CAMPBELL were indicted for unlawfully soliciting and inciting George Webster Collins to engrave on a certain copper plate, a certain note purporting to be a Bank of England note; to which they pleaded
GUILTY . (See page 1160.)— Fined One Shilling and Discharged.
MR. CLARKSON, on the part of the prosecution, declined offering any evidence. NOT GUILTY .
MESSRS. BODKIN and CHARNOCK conducted the Prosecution.
JOHN MALLINSON . I am an out-fitter, and live in the Minories—about Whitsuntide a person representing himself to be Edward Williams called on me, and said he lived at No. 185, Ratcliff-highway—I went to the house on the Monday, found it shut, and nobody in it—I think the person called on the Friday—three weeks or a month or more after, he came again, and after that second visit the prisoner and Williams came to me, I cannot say the date—he was introduced as the son or son-in-law of Williams——they selected goods, I can hardly say to what amount—the whole of the goods I sent in amounted to 82l.—they left the selection partly to me—part were delivered on Friday—before the whole of the goods were delivered I went down on Saturday morning, and Williams said he supposed cash was acceptable at all times, and gave me four 5l. notes—the prisoner was present—I applied to the prisoner for payment of the account as soon as all the goods were delivered—he told me that Williams had just gone out of town—I went almost day after day and saw the prisoner there—I saw them together—I do not recollect the day—the prisoner had told me that Mr. Williams had got some bills which he was going to get discounted—I cannot charge my memory whether Williams or the prisoner told me if I came down at such a time he would settle my account—I believe they were both present—I went at the time appointed, Williams was not within—they were both present when the bill in question was given, I think it was |n the forenoon—Williams said I had been very untradesmanlike in pressing a respectable tradesman for cash so soon, and he should have no further dealings with me, he had not been able to get the bills discounted, but he had a bill more than the amount of my goods—he gave me that, and laid a particular stress on his words, saying, "Mind, I will not take the balance in goods, I will have it in money when the bill is paid"—it was for 69l. 17s.—this is it—my account was 61l.—Williams laid the bill on the table, the prisoner took it up, and they had some conversation respecting the merits of the bill—I cannot say what it was, but both said that Captain Cutting was a respectable man, a captain of a vessel then at sea, but would be home before the bill became due, and the bill was for goods they had sold him, and he had several other bills and a deal of money laying out at the present time which was very hard to get in—the prisoner took the bill, and said, he thought Mr. So-and-So, mentioning a person's name, would cash the bill for me, if I allowed him 10 per cent.—there was an altercation about what 10 per cent would be—I said it was about 7l., and the prisoner said it would be 7l.—I took the bill, put it into my pocket, and thought, as he said the acceptor was a respectable man, I had better keep it than lose the 7l. on it.
Cross-examined by MR. CLARKSON. Q. Did you originally go before the Lord Mayor with the complaint? A. I did—he dismissed it—it was not gone into properly—the attorney said he would bring the case of forgery on, but he did not—we did not go into the case of forgery—I gave the prisoner into custody on a charge of forgery, but when before the Lord Mayor, the solicitor went into the charge of false pretences, and said, he would bring the forgery on afterwards—the Lord Mayor said he had nothing to do with false pretences, they being committed out of the city,
and sent the case to Lambeth-street—Williams said the prisoner was his son-in-law, and he was about to set him up in business.
MR. BODKIN. Q. Are these the invoices you sent with the goods? A. They are.
JAMES CARTER . I reside at Ipswich, and have done so thirty-six years—I have been a policeman there six years and a half—I knew a Captain Cutting of Ipswich—he has been dead three years—he was master of a vessel which sailed from I pswich—I do not know of any other Captain Cutting living at Ipswich—I never knew any but the one who is dead—the prisoner is a stranger to me.
Cross-examined. Q. Was Captain Cutting's name John or John Thomas? A. John Cutting, to the best of my knowledge—he lived in the parish of St. Mary Key—that is a different parish to St. Clement's.
Q. Do you mean to swear that you do not know any other person named Cutting, a seafaring man, who has commanded a vessel, and that you have not spoken to such a man within three or four days? A. I have spoken to a man named Cutting, a fisherman—I never knew him command a vessel—his name is John—I do not know whether his name is John Thomas.
Q. On your oath, did yon not, within these four days, say to him, "How do you do, Captain Cutting?" A. I said, "You are Captain Cutting here, but not at Ipswich"—I have known him twenty-five years.
MR. BODKIN. Q. How have you known that man employed? A. ✗ going out with boats with fish—he is a man of poor circumstances.
CHARLES CHAMBERS . I am a policeman. I took the prisoner into custody—he pulled these papers out himself—this invoice was one of them—the prosecutor said he charged him with forgery—he said he knew nothing of it—I asked his name—he said Williams, and directly afterwards he said Stevenson.
WILLIAM BROWNING (police-constable H 190.) My attention was directed to a house, No. 185, Ratcliff-highway, at seven o'clock, on Saturday morning, the 17th of September, and I saw the prisoner helping to remove some things—the house was shut up at the time—I do not know whether it was opened afterwards.
JOB HANCOCK . I am in the prosecutor's employ. I took the goods mentioned in the invoice to No. 185, Ratcliff-highway, and delivered them to the prisoner, who was in the shop—I knew him by the name of Stevenson.
— PRIEST. I was in the employ of Mr. Popplewell. I went to No. 185, Ratcliff-highway, for orders, about the beginning of September, I think—I saw the prisoner there, and asked for Mr. Williams—he said, "I am him," or words to that effect—the name of Williams was over the door—I did not see the premises after they were shut up.
Cross-examined. Q. Do you mean to swear that what be said was not that he represented Mr. Williams? A. He said he was Williams, or words to that effect—as well as I recollect, he said, "I am him," or something to that effect—I cannot say the exact words—I did not know Williams then—I have seen him since, and got bills from him—the prisoner came to us for somebody to come to Ratcliff-highway to take an order—I told the Magistrate that he said his name was Williams.
Ratcliff-highway—I asked for Mr. Williams—the prisoner was called in—I asked, was he Mr. Williams?—he said "Yes"—I saw him again on the 9th of September, and told him a letter had been received by the house I represented at Manchester, and the letter had been sent to me—that letter came from Mr. Williams, and I called respecting an order—I said I had been frequently, and could not see him—he said he had a shop on the other side of the street to attend to as well, in consequence of which he could not be so regular at No. 185—there is another shop on the other side of the street—I believe it is an old established shop—it is kept by a Mr. Williams.
JAMES FRASER . I am a shoemaker, and live at No. 172, Ratcliff-highway. I had some dealings with these parties—I went to No. 185 on Saturday, the 17th of September, about nine o'clock in the morning—the shop was shut—I knocked at the door—I got in, and went into the shop—the prisoner was not there, nor was Williams—the shop was empty of goods, but the shelves on which goods are usually kept were filled with packages of brown paper stuffed with straw and hay, tied up like persons usually keep their goods—they are usually called dummies—all the goods were gone.
(The bill was dated Ipswich, 22nd of July, at two months after date, on Captain Cutting, St. Clement's, Ipswich. Accepted, J. T. Cutting. Payable at Glynn and Co.'s.)
MR. CLARKSON called
JOHN THOMAS CUTTING . The acceptance on this bill of exchange it my handwriting—I accepted it for old Williams in blank—I lived at St. Clement's, Ipswich, for six years in one house—I had the command of the Eliza, from Ipswich, fourteen tons burden—it was a fishing-boat—I have been at sea lately, fishing—they call me Captain Cutting at Ipswich.
MR. BODKIN. Q. Did they call you that when you were last in gaol? A. I do not know—it is about twelve months since I left gaol—I was there six months—I have commanded a fishing-boat from 1832—I have had different ones—I have a small one now—it is five or six years since I commanded the one of fourteen tons—the boat I have now is a rowing boat—I get my living by that means, having been so lame—I was at Ipswich when I wrote my name on this paper—I had had no goods from Williams at that time—I consider that I owed him a good bit of money—about two years ago I bought some cloth of him, and was unlucky enough to lose It—I was never in a workhouse—I applied to the parish for my family while I was in gaol—I have been in the habit of carrying about fish, apples, and ginger-beer, to sell in the street—I do not carry apples often—I do sometimes—I buy cargoes of apples—(the witness was here desired to write his name)—I wrote my name and direction on the bill, what is written across it—I wrote "Accepted, J. T. Cutting," and where it was payable—I think it was Glynn and Co. where Williams told me he should Pay the money in—I signed four at the same time, all in blauk—I got nothing for it, not one farthing.
MR. CLARKSON. Q. Did Williams tell you he would take the bills up when at maturity? A. Yes, and that I should have no trouble—I was in gaol for smuggling—never for debt or any thing else.
NOT GUILTY .
2824. HENRY FIELD and JOSEPH TURNER were indicted for burglariously breaking and entering the dwelling-house of Edward Flight on the 23rd of October, at Marylebone, about one o'clock in the night with intent to steal and stealing therein, 2 coats, value 6l.; 1 pair of trowsers, value 6l. 5s.; 2 shirts, value 4s.; 2 gowns, value 2l. 10s.; 3 shawls, value 5l.; 3 handkerchiefs, value 4s. 6d.; 7 pairs of boots value 2l. 15s.; 3 pairs of shoes, value 15s.; 1 shoe punch, value 1s.; 1 pair of razors, value 5s.; 1 bag, value 5s.; 1 thimble, value 1d., and 2 half-crowns, his property.
LAURENCE ANDERSON (police-constable D 35.) On Monday week, I was in Devonshire-street, Lisson-grove, about half-past three o'clock in the morning, and saw the two prisoners coming down Salisbury-street—in the act of turning into William-street—I went up to them, and said, "Halloo, my lads, where are you going to at this time in the morning!"—Turner said he was going to Covent-garden market—I said, it was rather early to be going to Covent-garden market—I then asked Field where it was at work now—he said, he was at work in Harper's fields—I asked who for there—he said, "For Mr. White"—I asked when he worked fit him last—he said, "On Saturday night"—I said, "Where have you been to all night then?"—Field said, he had been at home, and abed, but he said that Turner had called him up—I then asked Turner where he had been to all night—he said, he had been about the streets—I then asked what they had got in their pockets—Field said he had got a few halfpence—he gave me out two penny pieces—I said, "You have got more than that," and he afterward gave me out three farthings, and a comb—I touched him on his trowsers pocket, and said, "You have got some silver here"—he then gave me a new half-crown, and a thimble—finding that he had got no more, I returned him the property back again—I then asked Turner what he had—he gave me a comb and a purse first—I said, "Have you not got any money?"—he said, "I have got half-a-crown, and a halfpenny," which he gave me oat of his pocket—I gave him the property back also—I said I was not satisfied with the story they told me, and should take them to the station—on the road to the station, I said if they did not mind what they were after before long they would be advocates for the Isle of Wight, or Botany Bay—Turner said, he was a b—sight too artful for that, but he should be better off in Botany Bay than he was here—at the station I took the property away from them again, and on Turner's neck I found this silk handkerchief—I took it off, and was looking at it—he said, "You have no occasion to look at it, there are no marks on it"—I asked him how he knew that—he said, "It is my own property"—in the morning I found out the prosecutor.
Field. He is not the policeman that searched me at all—the other policeman took the money away from me. Witness. He took the things out of his pocket and gave them to me himself—there was no further search than that.
Turner. I never said that I was bound for Botany-bay. Witness, He did, and also at the station—his conduct there was beyond everything.
EDWIN FLIGHT . I am a shoemaker, and live in Salisbury-street, Lisson-grove. Last Monday morning week, I got up between six and seven o'clock, came down to open the shop as usual, and found the place broken into—all the drawers, and things turned out—I missed the articles stated which were all my property—it was safe in the shop and parlour at nine
o'clock, when we went to bed—the clock had just struck nine when I went to bed—I had closed the house, and fastened the windows and doors myself—in the morning I found the door safe, but the back window had been broken into—it was broken in two places to unscrew the hasp which was fast at night—a person could put a hand in to do so—the window was lifted wide open—it was wide enough for a man to get in—the window opens into the back yard—a person can get over the wall, which is about six feet high, into the yard—there were no shutters to this window—there was an alarum bell put inside, on a plate of iron stuck between the two sashes, so that if anybody broke the window they could take it out—it was taken out—that must have been done first—I went to the police office, met the constable, and he went back with me and examined the place where they had got over the wall—it had been white-washed on Saturday, two days before, and there were the marks of feeling distinctly on the wall the side was scraped off—I looked down on the ground, and saw these three parcels containing all the things except the two half-crowns, handkerchief, and thimble—this silk handkerchief is mine—I had not seen it for a fortnight before—I have worn it round my neck several times—I know it by a mark on it—it was put into the drawer with the clothes in the parlour—the value of the things stolen was from 15l. to 20l.
ELIZA FLIGHT . I am the prosecutor's daughter. On Monday week, I got up between six and seven o'clock in the morning, and found the parlour window broken open—I saw a work-box of mine lying on the parlour floor broken open—there was a piece cut out of it—I had left it on the drawers over night—I kept the key myself—I missed two half-crowns of my own from it, which I had seen there three weeks ago—this is my mother's thimble—I had seen it on her finger on the Friday—I know it, because it has a steel top to it—she has had it two or three months.
Turner. How can you swear to it, there are plenty of thimbles alike, and with steel tops? Witness. There is no mark about it.
Field'& Defence. Turner came and called for me about three o'clock, and coming round Earl-street he picked up a parcel, it was the thimble, handkerchief, and the half-crowns; he gave me half-a-crown and a thimble, and kept the other half-crown and the handkerchief himself.
Turner's Defence. I say the same as he does.
NOT GUILTY .
2825. WILLIAM JONES was indicted for feloniously and knowingly uttering, on the 19th of September, a forged order, for the payment of 1l. 1s., with intent to defraud James Rice.—Other COUNTS, stating it to be with intent to defraud William Silverton.
MESSRS. CLARKSON and PAYNE conducted the Prosecution.
JAMES LEONARD . I live in St. John-street—I am secretary of the Generous Helpmate Benefit Society—a free member is entitled to 1l. 1s., on the birth of a child—it is paid by the treasurer, on an order from me—Thomas Porter is a member of the society—the members' names are enrolled
in a book which I have here—this order, dated the 19th of September not signed by me, or by my authority or knowledge, nor this, dated the 15th of July—this is one of the society's cards, No. 179, belonging to Thomas Porter—there are some erasures on it which I made, by which I know it.
Cross-examined by MR. PRICE. Q. Do you remember Porter's wife lying-in? A. Yes, by the doctor's certificate being sent to me—I gave the order for the guinea immediately, and he received it the same day—that order is not here—it was a genuine one, and was paid last February——I never gave more than one order to Porter—I generally write, "Mrs. England, Please to pay the bearer 1l. 1s., for Mrs.—lying-in, after producing the marriage certificate"—Mrs. England was the treasurer then—it is necessary to produce the card, the marriage certificate, and the order—the card is returned to the member—the order is kept in a box, as a voucher—I recollect writing Porter's name on an erasure—I had written another name on it, and scratched it out directly—that was the only card Porter had had this year.
WILLIAM SILVERTON . I keep the Hole-in-the-Wall, in Kirby-street, Hatton-garden, and am treasurer of the Generous Helpmate Benefit Society—the orders to members, on the birth of children, are payable at my house, when signed by the secretary—this order of the 15th of July has my initials on it—it is not Mr. Leonard's handwriting—I paid the money on it—I cannot say who presented it—I objected to the name not being in Mr. Leonard's writing—I know nothing of this order of the 19th of September—I had funds in my hand from which a genuine order would be paid.
Cross-examined. Q. You paid an order which was not genuine? A. Yes—I had my doubts about it, but the person presenting it said Mr. Leonard was laid up with the gout, and it was his son's handwriting—I said, "Very well"—the card and marriage certificate were produced—I should not have paid it without—I did not object to pay it, because it had been paid before—I do not know how many Porters there are in the society—it is of no consequence to me whose handwriting it is if I feel satisfied—I did not pay on the card and certificate without the order—I do not pay on the order alone—I am well acquainted with Mr. Leonard's handwriting.
ANN SILVERTON . I am last witness's wife, I pay money for the society in my husband's absence. On the 19th of September the prisoner brought this order, with this card and marriage certificate—I knew this was not Mr. Leonard's signature—I asked some other persons' opinions on it—I then told the prisoner it was not right, and gave him into custody—he at first said he had received the order from Mr. Leonard, at Mr. Leonard's house, and afterwards, that he had got it from a man at the corner of Hatton-garden, and he was to receive a pint of beer for getting it—if I had believed this to be a genuine order, I should have paid the guinea, after reference to the file, and the books—I trust entirely to the secretary's order.
Cross-examined. Q. Have you paid many of these? A. No—I do not know the members of the society—I never saw Porter till I saw him at the court.
the Justice, I met the prisoner in Holborn—he asked where I was going—I said, "To pay my club-money"—he stopped outside the door while I went in—I had my card with me—we went to a public-house with a person named Long, and had something to drink—I left my card on the bar, and must have lost it—this is not my card—the prisoner came to my house on the following Sunday night, and asked if I would lend him my marriage certificate—I asked what he wanted it for—he said it was to decide a wager, and be would bring it back in ten minutes—he did not bring it back—my card was clean, and there were no scratches about it, and no rubbing out—I did not miss my card till I got home—I did not go and inquire for it at the public-house—my wife did not lay in very lately before the 19th of September—I had the guinea for the last time my wife laid in, in February—I have paid money to Mrs. England, and produced my card to her.
Cross-examined. Q. Are you quite sure this is not your card? A. Yes—I do not know what has become of it—I went to Mr. Leonard for one order on my wife's lying-in—I gave that to Mrs. England.
MRS. ENGLAND. I kept the Hole-in—the Wall before Mr. Silverton—I left it on the 24th of June last—I received 6s. 6d. from Porter on his card—these are my figures.
Cross-examined. Q. You do not know whose card it is, do you? A. No, I do not—the name of Porter was on the card I received the money on.
JAMES LEONARD Re-examined. The prisoner has been a member of the society since March, 1840, by the name of William B—I have seen him in the club-room—he left off being a member on the 18th of September, 1841—on March 5th, 1842, here is entered on the card, "Contributions, 2s. 6d.; funerals, 1s.; 1s. male; 6d. female; lying-in, 2s. 6d.; total, 6s. 6d." Those are sums that every member would have to pay—the same card would do for each member with the exception of the name and number—each name has a particular number—there was another name and number on this card, and I said, "Never mind, Porter, I will put your name on it"—I scratched the name out, and put "Thomas Porter, No. 179," on it—I am sure of that.
JOHN FINCK (police-constable G 47.) I took the prisoner into custody—be said that some man had given him the three papers at the end of Hatton-garden, and he was to have a pint of beer if he returned back with the money.
GUILTY . Aged 32.— Confined Two Years.
2826. JAMES POWELL was indicted for stealing, on the 15th of October, 6 shirts, value 3l.; also on the. 1st of September, 16 shirts, value 7l., the goods of Benjamin Wigg Hickling, his master; to both of which he pleaded
GUILTY .— Confined One Year.
2827. HENRY SMITH was indicted for feloniously receiving of an evil-disposed person, on the 2nd of September, 2 shirts, value 2l.; the goods of Benjamin Wigg Hickling, well knowing them to have been stolen.
MR. BALLANTINE conducted the Prosecution.
FRANCIS WARD . I am warehouseman in the employ of Mr. Benjamin Wigg Hickling, who has a wholesale shirt-warehouse. A man named Powell was in our employ—having missed a great many shirts during the last two months, I watched Powell, and on the 14th of October, in consequence of what I saw, I gave him into custody—he told me that he had taken between five or six dozen shirts—on the 13th of October, I had secreted myself behind some boxes in a place we call the odment room—I had marked shirts belonging to my master previously to the 11th—I cannot positively say these were missing in September—I have seen some shirts since in the hands of twenty-three pawnbrokers which I can swear to.
GERRARD GRIFFIN (City police-constable, NO. 165.) On the 18th of October I took the prisoner into custody—I told him I took him for receiving some shirts from Powell, the property of Mr. Hickling, in Noble-street—he said he had received some shirts from Powell, and likewise from a person named Fawcet, that he had pledged them, and he was to give the tickets back to Fawcet.
Prisoner. I said I had pledged the five shirts which I received from Powell without a guilty knowledge of their being stolen. Witness. You said you did not know they were stolen—you did not tell me the number you received.
(Property produced and sworn to.)
NOT GUILTY .
2828. HENRY SMITH was again indicted for receiving of a certain evil-disposed person on the 15th of September, 3 shirts, value 1l. 10s.; the goods of Benjamin Wigg Hickling, well knowing them to have been stolen: upon which no evidence was offered. NOT GUILTY .
2829. WILLIAM FOSTER , and MARY ANN FOSTER were indicted for . feloniously and knowingly receiving of a certain evil-disposed person, on the 3rd of September, 7 shirts, value 2l.; the goods of Benjamin Wigg Hickling.
MR. BALLANTINE conducted the Prosecution.
FRANCIS WARD . I am in the employ of Mr. Benjamin Wigg Hickling. On the 13th of October, a perison named Powell was in our employment—in consequence of what I discovered, we that day gave him into custody)—on inquiries being made, we found that several shirts were missing—in consequence of a communication being made to me by Powell, we inquired at pawnbrokers' shops, and likewise had the two prisoners taken into custody—we offered two guineas reward for them.
ROBERT MASTERS . I am assistant to Mr. Walters, a pawnbroker of Aldersgate-street—I produce three shirts pawned on the 6th, the 10th and the 14th of September, by the female prisoner—the two first in the name of Smith, for 5s., and the last in the name of Fawcet for 4s.
Mary Ann Foster. I only pawned one. Witness. You pawned the
three, I perfectly remember taking them in—I did not know you before—I have not the least doubt of you.
JOHN MOORE . I am shopman to Mr. Peachey, a pawnbroker, in Goswell-street. I produce seven shirts, two pledged on the 3rd of September by the female prisoner in the name of "Ann Fawcet"—I know her very well
WILLIAM CRAMPTON . I am waiter at the Bell, in Noble-street, nearly opposite Mr. Hickling's warehouse—he has two warehouses opposite each other—there is one warehouse between our house and the warehouse on our side. I have known the prisoners for the last two months, using the house where I now live, and they used the house where I lived before—I know Powell, and have seen him and the prisoners together every night for two months past—they used to meet him about the time he came out of the warehouse—they used to wait for him.
William Foster. Q. What is the latest hour you have seen me at your house? A. Twelve o'clock on one occasion—you came about seven, or a little after, and were generally there till between nine and ten.
JAMES BRANNAN (police-sergeant G 20.) In consequence of information, I took the male prisoner into custody on Sunday night, the 23rd of October—I told him what I took him for—he said, "I know I am guilty, and hope they won't interfere with my wife; I have pledged a few things at Hawes's, and we have pledged a few in the neighbourhood"—I said, "What you state to me I shall state to the Magistrate"—he said, "It is a pity they let Freeman escape, for he is as guilty as me"—I know nothing of Freeman—I have heard he was taken before the prisoners were—I had told him he might consider himself in my custody for receiving a quantity of shirts and other articles of a young man named Powell, who was in the service of Mr. Hickling, in Noble-street—I was in company with Redman, another constable—his wife was close by, and two other females were present—he said, "I hope you won't interfere with my wife"—I am credibly informed she is not his wife—if she is, I know her to be a prostitute—I know her to walk the streets.
William Foster. Q. Where? A. In Farringdon-street, and various streets.
Mary Ann Foster, I never walked the streets. Witness, If I was not positive, I would not say so—the prisoners were taken both together in a public-house, in front of the bar.
HENRY REDMAN (police-constable G 24.) I took the female prisoner into custody—while taking her to the station, she said it was a pity that they got acquainted with Smith and the parties; "They used to bring them to our house, and I used to pledge them; I pledged some at Hawes's."
Mary Ann Foster, I did not; I said it was a pity that we had ever known the parties.
William Foster's Defence, I acknowledge to pledging them, and I asked her to pledge them; I was not aware that they were stolen; she was not aware how I came by them; she has taken some to different shops, and pawned them in different names, by my orders, as I thought they would "ot take them in. As soon as they were pawned, Powell has received the
money and tickets; I have sometimes had a drop of something to drik, and sometimes 1s., that is all; the female knew not who I had them of WILLIAM FOSTER— GUILTY .— Confined One Year.
MARY ANN FOSTER— NOT GUILTY .
Third Jury, before Mr. Recorder.
MARY HAYNES . I am the wife of William Haynes, and keep a stationer's shop in Basinghall-street. The prisoner came to my shop, and represented himself as an author, and made small purchases—I afterwards missed some books—he came one day, and said be wanted some Bibles and Prayer-books, to take to some ladies at Greenwich, who would come to town in a day or two, and would call and pay me for them—he was to show them, and asked me the price—I said they were all marked in common figures, if they took them they could call and pay for them—they were never returned or paid for—no one ever called to pay for them—the prisoner never accounted for their not being paid for—these now produced are the books.
Cross-examined by MR. DOANE. Q. Are these the books that he had on the 22nd of June? A. No—these were pledged on the 22nd of Jane—I do not know when he had them—I was compelled to leave my shop the lint week in June.
BENJAMIN MITCHAM . I live at No. 12, Union-place, Stepney-green. I was in the service of Mr. J. Wallis, of Aldersgate-street—on the 22nd of June I took these four books and a waistcoat in pledge of the prisoner for 6s.
WILLIAM BROOM CROSS . I am a policeman. On the 17th of September I took the prisoner into custody for illegally pawning thirteen books—on the Monday, before he went before the Magistrate, I got the duplicates from Rice—one of them relates to these four books, and to two pledged at Bilson's.
MRS. HAYNES re-examined. These six books are mine—some the prisoner took to show to other parties, and some were for some ladies, in Artillery-place, to read—he said that they were only staying there a few days—they were to be returned, and he was to pay for the reading of them—I never intended to part with them, except for the purpose he stated.
Cross-examined. Q. About how long before the 22nd of June did you let him have these books? A. It was the first week in June—I remember it perfectly well—there were more books than these—I am sure these particular books were in my possession in June—these are not Bibles and Prayer-books—I do not keep a library—I sell publications, and let them out to road, and charge so much—I had no conversation with him after wards about the books that went to Artillery-place, only about those that went to Greenwich—he did not ask me the price of those that went to
Artillery-place, nor promise to pay me for them—I asked him if he could not pay his stationery bill, to return me the books—he had a bill with me for stationery—he has been dealing with me ever since I took the shop, which was at Christmas—he paid me for trifling articles which he had for four months, and then got into my debt—my husband is in a lunatic asylum—there was no bill of these books given to the prisoner—two or three books were taken without my knowledge—I did not miss them till I left the shop—I made several applications for payment of the bill, but not for the books—I wanted them returned—three of the books in question were taken without my knowledge altogether.
JOHN SUMNER (police-constable S 257.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—the prisoner is the party referred to in it—I was present at his trial—(the certificate being ready stated that the prisoner had been convicted of forgery in June, 1836, and transported for life)—I believe his sentence was commuted.
GUILTY . Aged 25.— Transported for Ten Years.
(There were four other indictments against the prisoner.)
2831. WILLIAM TAPP was indicted for stealing, on the 10th of October, 1 purse, value 1s.; 1 pair of gloves, value 6d.; 1 handkerchief, value 1s.; 1 veil, value 1s. 6d.; 2 sovereigns, 2 half-crowns, 7 shillings, and 1 sixpence; the property of Susannah Gold.
SUSANNAH GOLD . I live at No. 50, Peppercorn-street, Gravesend. I have known the prisoner about eighteen months. I came up from Gravesend on the 10th of October, and arrived at Black wall between eleven and twelve o'clock in the day—I met the prisoner by accident—he wished me to go and take some refreshment—I went with him to the first public-house on the left-hand side of the way—he called for a glass of gin and water, which I did not see him pay for—he then called for a pint of ale, and said, "You may as well pay for this"—I took out my purse with the intention of doing so, and must have let it bide in my lap—I put my hand into my lap, with my purse in it—there were two sovereigns, two half-sovereigns, two half-crowns, and 7s. 6d. in it—he paid some halfpence for what we had had—he called a Jew pedlar who was there, from the garden, and wished me to have a brooch—I said it was stupidness of him, for I wanted nothing of the kind, and the Jew went away—the prisoner wished me to go to his lodgings, which I did—there was an old woman there—he offered to take me to Drury-lane theatre—I was at his lodgings with him very nearly an hour, I then left, and went to the Blackwall Railway, with the intention of going to town, and in attempting to take my purse out to pay, I found it was gone—I said to the prisoner, "O my, I have lost my purse"—he said, "It must be at home"—I said, "It can't be there, for I had no occasion for it there; we will go to the public-house, and if we don't find it there we will go to your lodgings"—we went to the public-house, and he said to the waiter, "My good lady has lost her purse"—the waiter went to the seat where I had been sitting, and I saw him pick up my purse from the floor—there was only a key left in it—I proposed going for a policeman—the prisoner said, "Don't go, I will go, for the station-house is a mile and a half or two miles off, and you will not meet with a police-man before you get there"—I said, "Well, if you go, make haste back"—the Jew, who was still there, made an attempt to go out of the room—I wished to detain him—the prisoner said it was stupidness for me to detain
the Jew, for he knew nothing of it—whilst talking to the prisoner about my purse I missed my veil, gloves, and pocket-handkerchief—I had put my gloves and handkerchief on the table—as I was going to the door, to detain the Jew, my veil became unfastened, and I put it on the table by the side of my handkerchief—I told the prisoner they were missing—he said it was all right—he then went away, as he said, to fetch a policeman, and never returned I have since seen the veil, gloves, and handkerchief—there is a mark on the handkerchief—the gold I lost was new gold.
Cross-examined by MR. DOANE. Q. Do you live with your father and mother? A. I live with my mother—I knew the prisoner by his living in the house of a person I knew—I knew him well, and knew where he lodged—I had never been to his lodging before this time—he proposed that I should go there while he dressed himself, and I could talk to the landlady—he told the landlady that we were married the Sunday before—I did not contradict him, because I thought that most likely I should not see him again, I merely laughed—I had not seen him for ten months before this—the last time I saw him was in Gravesend—I never saw him in London before—I never saw him before he came to Northfleet, and never since, until this occasion—I cannot say how long he lived at Northfleet—I was born there, and live close to Windmill-hill—I said nothing to the landlady about being married to him—I do not know whether the waiter is here who found my purse—I have not brought him.
Q. Did you not give him your veil and gloves to take care of? A. I merely put them down, and when I asked him where they were, he said they were all right—I did not think much about it at that time, I knew he had them, I did not know with what intention—I did not give them to him to take care of—I put them on the table—I cannot exactly say whether I gave them into his hand and requested him to take care of them—I was not going to stay with him that night—I had no thoughts of it—I did think of going to the play with him—he asked me whether I was going—I said I did not rightly know whether I was or not—I have several friends in London, but I was a stranger in Blackwall—I do not know persons named Mason, Stubbs, or Hall—I did not in the presence of several persons hand the prisoner the veil and gloves to take care of—but I cannot say, from the agitation of losing my money and having no place to go to—I cannot say that I was all the time with his landlady when I was at his lodging—I do not know whether he has got a sitting-room or bed-room up stairs—when the landlady opened the door he said, "Here is my good lady"—I walked up, he drew out two or three of his boxes, and looked out his clothes—I was with him in the room for some time.
THOMAS WATKINS (Police-constable K 310.) From information I received I stopped the prisoner in High-street, Poplar, on Monday night, September 10th, about five minutes before eleven o'clock—I asked if he had been with a female from Gravesend—he said he had not—I told him he answered the description I had received—I took him to the Poplar station, and told him I wanted him on suspicion of robbing a young woman of her purse and some money—he said, "I know nothing at all about it, I have not been with any young woman that has come from Gravesend to-day"—I said, "You must go with me and give an account of yourself, as you answer the description"—he said he would not go before he had had a glass of ale—I told him I would not allow him to have it—he insisted on doing so, and at last I allowed him to have a glass of ale outside the Sun and Sawyers, High-street, Poplar—he said to the publican
"Here Harry, here is a policeman has got me in custody for robbing a woman from Gravesend"—"Oh, no," said Harry, "it is all right, Watkins, I know him very well"—I said, "It makes no odds to me whether you know him or not, he may be a thief for all that, and he must go with me"—I noticed the prisoner put his hand into his pocket—he asked the landlord how much the glass of ale was—he said "Twopence"—he handed some money to the landlord, who put it into his pocket—he then passed something else to him—I grasped his hand and said, "What has he given you? open your hand," which he did, and there was one sovereign and two shillings and sixpence in it—I said, "This is all wrong"—he said, "No, it is all right"—the landlord then handed another sovereign to the prisoner—I got him to the station, and found on him a sovereign, in addition to the one I took from the landlord, a half-crown, and four shillings—the sovereigns were new.
Cross-examined. Q. Did he seem to be rather the worse for drink? A. Yes—this was the same night.
CHARLES WYKES (police-constable K 259.) I searched the prisoner, and found on him a black veil, and part of a handkerchief, in his coat pocket behind, and a pair of gloves in his hat—I asked how he came by the veil—he said it was his poor wife's, that was dead and gone—he said the gloves and handkerchief belonged to the prosecutrix—she was there at the time.
(Witnesses for the Defence.)
FREDERICK MASON . I am a joiner, and live in Spread Eagle-street, Limehouse. I have known the prisoner about sixteen years—he is a joiner, and bore a very good character—I was present when the veil, gloves, and handkerchief were given him by the prosecutrix to take care of—she took the veil from him again, folded it up, and told him not to rumple it—he went for a policeman to search the Jew pedlar, who she thought had her money—the prisoner was very much intoxicated, and so was the prosecutrix.
JOHN STUBBS . I am a ship-joiner, and live in Brunswick—street, Poplar. I saw the prosecutrix at half—past eight o'clock in the evening, and she was then intoxicated—the officer took her out of a house of ill—fame.
SUSANNAH GOLD re-examined. It was not a house of ill-fame—the witness, Mason, said that as I had got no money or any lodging to go to, and it was late, he would take me to some place, and I went—I did not know it was a bad house till I went in, and then I said, "I am sure this is a bad house, by the look of it."
FREDERICK MASON re-examined. I saw her with the prisoner at one o'clock in the day, at Mr. Edwards, at Poplar, where I am in the habit of dining—when I saw her at night, she said, "Where am I to go to?"—I said, "I don't want to go with you, I have no money about me"—I borrowed half-a-crown of a young fellow, and took her to the house in Caroline-street—it is a brothel—she was well acquainted with it—she is a prostitute—I do not know that she has been to houses of ill-fame before, but I have heard her character.
SOPHIA WALL . lam married, and live in Batson-street, Limehouse. The prisoner lodged with me about nine months—I saw him and the prosecutrix come in together—they staid in his room from half-past one till a quarter to four o'clock, and then went away together.
SUSANNAH GOLD re-examined. It was very nearly four o'clock when the waiter picked up my purse, and it was four or five minute after that the prisoner went away to look for a policeman—I had taken a little, but not sufficient to make me intoxicated—I am a dress-maker—I am not a gay lady—I have got relations, and if I want money I can get it—I cannot say but what I see several gentlmen sometimes.
Q. Have you received them on improper terms? A. I do not think that is a very proper question to put to me.
(The prisoner received a good character.)
GUILTY. Aged 29.—Recommended to mercy by the Jury and prosecutrix.— Confined Six Months.
NEW COURT.—Tuesday, October 25th, 1842.
Sixth Jury, Before Mr. Common Sergeant.
2832. MIRAM HEYBROUGH was indicted for stealing, on the 15th of October, 1 handkerchief, value 3s., and 1 shawl, Value 1s. 6d: also for embezzling 11s.; the property of Joseph Birne, her master; to which he pleaded
GUILTY .—Aged 17. Confined Four Months.
GUILTY .—Aged 48. Confined Three Months.
GUILTY .—Aged 23. Confined One Year.
2835. JANE KITCHEN was indicted for stealing on the 24th of January, 1 frock, value 1s. 6d.; 1 quilt, value 3s.; 1 blanket, value 6s.; 2 yards of carpet, value 5s.; 1 ring, value 14s.; and 5 bed curtains, value 1l. 15s.; also on the 4th of October, 1 brooch, value 7s., the goods of Richard wray Thorpe, her master; to which she pleaded
GUILTY . Aged 35.— confined Four Months.
GUILTY .—Aged 16. Confined Three Months.
2837. WILLIAM SWALLOW was indicted for stealing, on the 3rd of October, 1 box, value 6s.; 5 bottles, value 1s.; 1 pint and a half of Eau de Cologne, value 15s., and 2 printed books, value 1s., the goods of Thomas Willoughby Forster and another; to which he pleaded
GUILTY .—Aged 19. Confined Four Months.
2838. EDWARD BROCKWELL was indicted for stealing, on the 29th of September, 1 ewe, price 1l. 10s., the property of Sir Ralph Howard, Bart.—2nd COUNT, for killing and slaying the said ewe, with intent to steal the carcase.
MR. CLARKSON conducted the Prosecution.
GEORGE KNIGHT . I am bailiff to Sir Ralph Howard, Bart. On the 29th of September, there were ninety-one ewes, five lambs, and a ram, safe in a meadow belonging to Sir Ralph, in the parish of Little Stanmore—I did not count them myself—on the morning of the 30th, I went with the shepherd to the meadow, in consequence of what he said to me, and in the ditch near the gate of the field I saw a mark of blood—I afterwards saw in a ditch on the other side of the hedge, part of a ewe sheep, the hind legs, the loin, and shoulder had been taken away—the skin was left, it had not been slaughtered in the way a butcher would have killed it—the entrails had been ruptured, and the contents of the entrails had ran about the meat—I traced some foot-marks—on the following Sunday I saw the superintendent of police with a pair of high shoes, the left shoe had a little cowdung on it—among the impressions of the shoes was one on a seat of cow-dung—I saw the shoe brought by an officer compared with the place on the cow-dung—it corresponded, and there was a little cow-dung removed from the seat—we took the remainder of the mutton and the skin away—it appeared to be about three yards from the place where the sheep was killed, and thrown over a hedge—the skin and entrails were on the other side.
Prisoner. It was a foot-path field where there were foot-marks. Witness. There might be a foot-path but not within forty yards of the place.
THOMAS HUMPHREY . I am shepherd to Sir Ralph Howard. I counted the sheep on the 28th, there were ninety-one ewes, five lambs, and a ram, I passed them through the gate—about ten o'clock the following morning I passed them through a gate and counted them, and missed one ewe—I saw the other sheep go and peep into the ditch—I went and looked, and found blood—I told Mr. Knight—I saw the shoe fitted in the cow-dung—it fitted very well—I found the skin and the head of the sheep—I did not know it again—it appeared slaughtered in a very clumsy manner—the entrails had burst, and were scattered about the liver—I should think it had been killed about twelve hours—one of the hurdles had been taken from its place, and put across the ditch, to keep them from running through—the head of the hurdle was very bloody—I believe that sheep to have been my master's.
JOSEPH HIGGS (police-constable L 30.) On Sunday the 2nd I went to the prisoner's house at Clay-hill, Bushy, nearly two miles from Little Stanmore, with Snowling, the officer—I found the prisoner, his wife, and three children, just set down to dinner—they had a pie on the table—I asked the prisoner what the pie consisted of—he said, mutton, beef, and odd pieces of pork, and things, that he had bought at Watford-market, about half-past seven o'clock the night before—I examined the pie—there was no beef or pork in it—it consisted of part of a leg of mutton, and part of the loin—I said I should search his house to see if there was any more mutton—he saw me going towards a basket, and said, "You will find a bit there, under some linen"—I lifted up the clothes, and found a small part of a leg of mutton, with a stain on it, as though from the bruised entrails
of a sheep—I took the prisoner into custody—I found this pair of trowsers on the prisoner's bed, with stains of blood on them; and on the stairs I found a large bag, with some mutton fat in it, some blood on it in several places, and some grass at the bottom of it—I found a pair of boots in the bed-room—I brought them away—I found a little cow-dung on the left boot, and a small portion of blood on the side—I went to the field in which Sir Ralph Howard's sheep had been kept—I traced the track of feet nearly a quarter of a mile in the direction from where the sheep was stolen, towards where the prisoner lived—I afterwards went to the place where I found the cow-dung—I compared the shoe with the impression I found in the cow-dung, and it corresponded exactly—the prisoner said, that on the Saturday night he had been to Watford, and purchased the meat—I asked if he had been in any house—he said, "No"—I asked if there was any person in the Eight Bells that he knew—he said, "No"—I found, on examining the remaining portion of the carcase of the sheep, that the entrails had been ruptured.
Prisoner's Defence. I went to Watford on Saturday night, and bought 4 1/2 lbs. Of pieces in the market-place, and made a pie of them. The blood on my trowsers was from my nose bleeding on the week before, and my wiping my nose on my trowsers.
GUILTY . Aged 29.— Transported for Ten Years.
GEORGE WOOD . I am a ship-broker, at Queen-square, Bristol. About half-past twelve o'clock, on the 30th of September, I was in Cheapside, with a friend—I stopped to light a cigar, and my friend walked on—I saw one of the prisoners take hold of my friend's arm, and walk up Bow-church-yard—I followed him, knowing he was in liquor—when I got to the corner Hubbard took my arm—I asked her what she, wanted—she said, to speak to me—I had gone a few steps up Bow-church-yard—I disengaged myself, and walked on—she again came and stopped me—I said, "Come, don't tease me"—I then saw my handkerchief on the ground—I stooped to pick it up, and, in rising, she either bit or cut my guard-chain—I, in a passion, said, "You are a thief," and struck her—I called to my friend, and said, "Come along, or we shall be robbed"—he turned, and we walked to the corner of the street—there were two policemen—I put my hand to my pocket, and missed my watch—this now produced is it—I saw Hubbard and another woman together before this transaction, but I cannot say that one of them was Jones.
Cross-examined by MR. DOANE. Q. Is your friend here? A. No—I was quite sober—I had been to the Haymarket Theatre—we had been drinking at the hotel my friend was stopping at—when I stopped to light my cigar my friend walked on about twenty yards—I lost sight of him up Bow-church-yard—when I came up I saw him and a woman walking together—I went after him—I swear Hubbard either bit or cut my guard—she had her head down—I did not see her do it—I felt the snap of it, and about two minutes after found my watch was gone.
JOSEPH DEWY (City police-constable, No. 467.) I received information about half-past twelve o'clock—I went down Queen-street into Thame-street, and saw the prisoners together—I laid hold of Jones, and heard the
watch drop, and picked it up close at her feet—Hubbard was about a yard from her—I am sure it fell from Jones.
Jones's Defence. His friend spoke to me, and I walked up Cheapside with him; I did not see the prosecutor for a quarter of an hour after, when I was going down Cheapside again; and a young woman asked me to have something to drink; then a policeman came up, and I heard the watch fall. NOT GUILTY .
2840. HENRY GROVER, MARTHA GROVER , and MARY ANN GOATLEY , were indicted for feloniously breaking and entering the dwelling-house of our Lady the Queen, on the 14th of October, and stealing therein, 1 tea-pot, value 5l. 10s.; 40 spoons, value 15l. 10s.; 3 ladles, value 3l.; 26 forks, value 11l.; 1 fish-slice, value 1l. 10s.; 1 butter-knife, value 8s.; 2 goblets, value 30s.; 1 coffee-biggin, value 20s.; 1 toast-rack, value 1s.; 1 snuffer-tray, value 1s.; 6 pain of stockings, value 11s.; and 1 table-cloth, value 5s.; the goods of Caroline Henrietta Sheridan: and SUSAN FORSTER , for feloniously receiving 1 spoon, value 8s., part of the said goods; well knowing them to have been stolen; against the Statute, &c.—2nd COUNT, stating it to be the dwelling-house of Caroline Henrietta Sheridan.
CAROLINE HENRIETTA SHERIDAN . I occupy apartments in Hampton Court-palace, in the parish of Hampton—I left them on the 4th of October—I'sleep there—I left a plate-chest in a cupboard in the parlour—the parlour was locked, and I left the key with the housekeeper—I received a communication from the housekeeper—I returned on Monday the 17th, and found the prisoner in custody—I examined the dining-room and cupboard—they were broken open, and some of the articles strewed on the floor, and the list of the plate which I had left—I missed all the articles mentioned—these are part of them—(looking at them)—Goatley was in my service—I dismissed her the day before I left Hampton Court—I had discovered that a person could enter by the kitchen windows, and I desired her to send for a person to fasten them better—the spoon found in Forster's possession is mine.
WILLIAM CRAIB . I am clerk of the works at Hampton Court. On Friday week last, the 14th of October, the men were at work in Mrs. Sheridan's apartments—about three o'clock, I saw the kitchen window was open, the workmen being inside, cleaning the place—the footpath was swept up that afternoon—it is not a thoroughfare—there is about ten feet between the footpath and the house—I saw it the next morning, about half-past nine o'clock, the 15th, when it was quite clean, and had been raked over—I saw a man and a woman's footmarks—I received information, and went to the kitchen of Mrs. Sheridan's apartments—the window was open, and one square of glass was broken—it was whole the day before—I found the parlour door had been broken open, and the plate cupboard also—it appeared to have been opened by some instrument about a quarter of an inch wide—in the footmarks there were six nails in the ball of the man's foot—I counted the nails in the impression on the ground—I did not compare any shoe—all I did was to count the nails in the right shoe of Henry Grover—I saw the nails there on the first examination, but at the second examination they were out—to the best of my belief it was the same shoe.
Cross-examined by MR. BALLANTINE. Q. You did not take the shoe
off and compare? A. No, it was not my duty to do it—the robbery was supposed to take place on Friday evening, the 14th, and it was found out about nine o'clock on the Saturday morning—the footmarks were not on a walk, it was a kind of recess between the path and the windows.
JAMES GIMBERT (police-constable A 64.) I was on duty in the neighbourhood of Hampton-court on the 15th of October—I received information, and went to the palace to examine Mrs. Sheridan's apartments—I found the dining-room door broken open, and some footmarks close under the casement window—I examined them very minutely—they were side ways—it was a very remarkable tread, and there was the impression of six hob nails in the centre of the tread of the right foot—I think it would be impossible for anybody to enter that window without the assistance of another person—the window is about seven feet high—there appeared to be footmarks of a man and a woman—I saw Henry Grover at Mr. Goatley's, at Hampton-wick, between six and seven o'clock on Saturday evening, the 15th—I requested him to hold up his feet—I saw the right foot, and the shoe exactly corresponded with the marks under the window—I afterwards saw his shoe, and the nails were then drawn—I went to Forster's residence, in High-street, Peckham, between seven and eight o'clock on Sunday evening—I saw Forster there, in the custody of the sergeant—she immediately went to a child's cot, took a bundle from under the pillow, and handed it over to us—it contained a desert-spoon, and several articles of wearing apparel. On the Monday morning I went to Mr. Hawgood, a pawnbroker, in the Old Kent-road, and discovered this plate.
Cross-examined by MR. PRICE. Q. How long have you been in the police? A. Six years—there were footmarks of only one woman—we measured several, and they were all of one size—I saw the impression of both footmarks of one man—when I went to Forster's room, Churchill had her in custody—I had gone along the road with Churchill and her some distance, from what was said to her she must have known what he was going for, and when she went home, she produced this bundle, tied up—it was a bundle anybody could carry in their hands and leave there—I opened it myself—I am sure of that—here is the desert—spoon, and some stockings and wearing apparel which I found in it—I did not know what it contained before—I handed it over to Churchill, after I had examined it.
SAMUEL HAWGOOD . I am a pawnbroker, and live in Surrey-place, Old Kent-road. On Saturday afternoon, 15th of October, Martha Grover and Goatley brought these articles of plate to my residence—this silver teapot was pawned by Martha Grover herself, between ten and twelve o'clock in the morning of the same day—I lent 5l. on it.
COURT. Q. Are you in the habit of receiving a mass of propety of this kind from such persons? A. Grover represented herself as the confidential servant of a lady named Dufferin, of Brixton-hill, who was pushed for money to make up a bill—I lent 23l. on it—it is worth about 25l.—I lent 5s. 3d. an ounce—persons who have plate seldom come themselves—she said the lady would want some more money, and she should not come till Monday, but she came in the afternoon with Goatley, and introduced her as the daughter of the lady.
Cross-examined by MR. BALLANTINE. Q. Grover throughout put forwards Goatley, did she not? A. Yes, Grover took the leading part, but referred to Goatley as Mrs. Dufferin's daughter.
CHARLES CHURCHILL (police-constable V 29.) I produced the spoon found on Foster—I was on duty at Hampton—I received information of the robbery on Saturday morning, the 15th—I found a pane of glass taken out of the kitchen window—the dining-room door had been forced, and a bedroom door—I perceived the footmarks of one man, and more than one female—I apprehended Henry Grover—I took his shoes off at his lodgings, and found one of them corresponded with the marks under the window—I saw the shoe again on the Monday—it was then in the same state—I examined it again on the Thursday, and the nails were then drawn out—I asked where he had been on the morning I took him, if he had been in Bushey-park—he denied it—I asked what time he got up, he said about half-past seven o'clock, but he had not been out, nor near Bushey-park—I asked him if he had been to Kingston—he said he had not been over the bridge that day—I found him at Hampton-wick, on the Middlesex side of the river—I went to Forster's residence on Sunday evening—I found her at Peckham-rye, and she showed me to her lodging—I went with her—she produced a bundle from under a child's cot, tied up in a shawl—I found in it a desert-spoon, five pieces of plated silver, and several articles of wearing apparel—she said her daughter, Martha Grover, and Mary Ann Goatley, were at the Red Cow public-house, in High-street, Peckham, that she went there to her daughter, and there Mary Ann Goatley gave a bundle'to her, and the property was what she had received from Goatley—she said there was a quantity of plate produced to her in the parlour of the Red Cow, that Goatley had left her place, her mistress owed her between 2l. and 3l. of her wages, and she was determined to have something to make good the loss—Gimbert was riding, in the cart at the time—I produce a box I found in Forster's lodgings.
Cross-examined by MR. PRICE. Q. Did you take Forster to one corner of the cart? A. She was riding between two of us—I do not know whether the other constable was paying attention to it or not—I told Forster I came for a bundle which her daughter had left—she said she had no bundle which her daughter had left, she had one Goatley had left—(I heard from Grover's own confession on Saturday night that she had been up to see her mother)—the bundle was untied when Forster produced it—I mean to swear that one knot was untied—I will not swear it was quite untied—it was partially open, to the best of my knowledge—it was not untied by the officer—it was not opened by him that I saw—we both went in together.
Henry Grover. When my shoe was pulled off, you all looked at it, and none of you could swear to it—you brought a bit of straw down, and my shoe was an inch and a half longer. Witness. There was not a quarter of an inch difference—it was late at night when we saw the shoe, and there had been a number of people trampling about the place—we measured the mark under the window the-first thing in the morning.
HENRY GREEN . I am a saddler at. Kingston. At half-past eight o'clock on Saturday morning I was coming by the Fighting Cocks public-house—I saw Martha Grover in the passage—Henry Grover was standing on the sill of the door, and Goatley was sitting on a settle outside—she had a small box covered with black and white paper like this box—I went up to a house, and then saw them all three again—Martha Grover then had a bundle under her cloak—I could not see what it was—they were then opposite the gate of Walnut-tree House, on the road from Kingston to London.
HENRY BERRY . I keep the Fighting Cocks in the London-road, Kingston. About nine o'clock that morning Martha Grover came to know if I would let her have a cart, or horse and chaise, to take her and her sister and husband to Vauxhall, as she had just received a letter that her mother was dying—she did not care what she paid—I said, "No, I have not one; Arnold's coach will be by in a short time, you had better go by that"—at the same time Goatley asked if they could have one—there was a man at the door, but I did not see his face.
JAMES ARNOLD . I am a stage-coach driver from Kingston to London, At half-past eight o'clock on Saturday morning I saw Martha Grover and Goatley—Goatley had a box similar to this, and Grover a bundle in a shawl similar to this—they called to me to stop—I pulled up to take some man up, dressed in a fustian jacket—I did not see his face—when I got on about a quarter of a mile the man was gone—I took Grover and Goatley to town.
HENRY HAZELL . I am a glazier, and live at Hampton-wick. On Saturday, the 15th, I was in Bushey-park, at the gate leading from Hampton-court to Hampton Wick—I saw Henry Grover between six and seven o'clock that morning, first in the road, and then he entered the park—he turned to the left towards a paddock.
GEORGE RICHARDSON . I am a carpenter. I was working at Hampton-court Palace—I was going to my work through Bushey-park along a road leading from Hampton-wick to Hampton-court on the 15th of October—I found a silver fork on my road that morning—I gave it to Craib, the clerk of the works.
Martha Grover. I told the policeman of the parcel being at my mother's—he had no suspicion till I told him.
Martha Grover's Defence. It was proposed for us to take the plate to my cousin's; I said, "I will not, I will go to my mother's." I went and asked her to come over; she said, "What have you been doing?" I said, "Nothing; this plate belongs to Lady Duffern, and we are going to pawn it." She said, "Goatley lives with her;" I said, "No, with Mrs. Sheridan;" we then went and pawned the teapot; we decided what we should say before we went in. I said I was the confidential servant, and Goatley was the daughter. I wanted as much as I could, as the lady's husband was travelling; he lent the money, and it was tied up with the tickets. I put it in Goatley's hand; we took a cab, and she went home; when I saw her again she said she had thrown the money away. I am guilty of taking the plate with her, but not of stealing it.
(Thomas Prosser, a shoemaker; John Horton, a wheelwright; and Thomas Morris, a carpenter, gave Goatley a good character.)
HENRY GROVER— GUILTY . Aged 30. Transported for Ten Years. GOATLEY— GUILTY . Aged 19.
MARTHA GROVER— GUILTY . Aged 31.— Confined Six Days.
FORSTER— NOT GUILTY .
(There was another indictment against the prisoners.)
WILLIAM BURTON . I live in Henry-street, Pentonville. About half-past eleven o'clock on the 19th of October I was in Fleet-street—I felt, and my handkerchief was gone—a person behind me said the prisoner, who was going across the road, had taken it from me—I went and charged him with it—he said he had not got it—on turning round I found it behind me—this is it.
CHARLES SEABRIDGE . I am a smith, and live in Clement's-lane, Strand. I was passing in Fleet-street, and saw the prisoner and a man, not in custody, following the prosecutor—the other man took a handkerchief out of the prosecutor's pocket, and gave it to the prisoner—he went across Fleet-street—I told the prosecutor, who went after him.
Prisoner's Defence. He accused me of taking a handkerchief; I said he was mistaken; I had not been at that side at all.
GUILTY . Aged 22.— Confined Three Months.
NEW COURT.—Wednesday, October 26th, 1842.
Fifth Jury, before Mr. Common Sergeant.
2842. WILLIAM BATES was indicted for stealing, on the 14th of October, 1 pewter-pot, value 10d., the goods of James Brodie; and 1 pewter-pot, value 1s., the goods of Robert Jones ; to which he pleaded GUILTY .** Aged 56.— Transported for Seven Years.
2843. GEORGE BELL CARTER was indicted for embezzling, on the 23rd of December, 25l.; on the 30th of June, 6l. 13s.; and on the 12th of July, 4l. 7s. 1d.;—also, for embezzling, on the 2nd of September, 18s. 6d.; which he received for his masters, Samuel Thompsett Newington and others; to both which he pleaded GUILTY . Aged 28.— Transported for Seven Years on each Indictment.
2844. JOHN OSBORN was indicted for stealing, on the 19th of September, 30 bottles, value 7s.; 6 gallons of wine, value 24l. 10s.; 1 gallon of brandy, value 29s.; 8 knives, value 5s.; 2 forks, value 1s.; and 1 spittoon, value 6d.;—also, on the 6th of October, 6 bottles, value 1s. 6d. and 6 quarts of wine, value 1l. 2s.; the goods of Aaron George Jones, his master; to both which he pleaded GUILTY . Aged 23.— Transported for Seven Years.
2845. WILLIAM OTHEN was indicted for stealing, on the 19th of October, 1 hinge, value 6d., the goods of William Taylor; and that he had been before convicted of felony; to which he pleaded GUILTY . Aged 21.— Transported for Seven Years.
2846. NATHANIEL HADNOTT was indicted for stealing, on the 3rd of October, 6 knives, value 2s.; and 6 forks, value 1s. 6d.; the goods of Thomas Humphrey; to which he pleaded GUILTY . Aged 18.— Confined Three Months.
2847. HENRY PEARCE was indicted for stealing, on the 22nd of September, 15 pairs of gloves, value 20s.; 2 collars, value 6d.; and 3 pairs of stockings, value 5s.; the goods of Charles Meeking, his master; to which be pleaded GUILTY . Aged 19.— Confined Six Months.
2848. RICHARD AUSTIN was indicted for stealing, on the 15th of July, 485lbs. weight of white lead, value 4l. 13s.; 1 tub, value 6d.; 100lbs. weight of glue, value 2l. 9s.; and 1 bag, value 3s. the goods of James Houghton, his master.
HENRY CLARK . I am in the employ of James Houghton; the prisoner was in his employ. On the 15th of July, he was ordered to take out half a hogshead of soy, a hogshead of oil, and a barrel of tar—he was not ordered to take any white lead—on Saturday morning, Goddard reported that he had found a book which Mr. Houghton's carman was in the habit of using, and also a firkin of lead, and a tub of glue—I can swear to the lead as my master's, but not to the glue—I sent for the prisoner, and asked what business he had in Guildford-street, where the lead was found—he said he was requested by a person in the New Cut to convey this lead and bag of glue, for which he received 1s.—I said I would go with him to where they were given him—he said he did not know that he could find the place out—I pressed him further, and he said they were given him by two men in a cart—he was allowed to go on duty for that day, and discharged at night—the firkins of lead which we had were counted on the following Tuesday, and we missed one firkin and a bag of glue.
Cross-examined by MR. BALLANTINE. Q. Had you a person in your employ named Pidding? A. Yes, and Moorcroft—we have since discharged Pidding, in consequence of this—he had the superintendance of that particular department during my absence—he was superior to the prisoner—I swear he did not say Pidding had desired him to take it.
WILLIAM SIMPSON . I am warehouseman to Braid, Brothers, and Co., of Size-lane. On the 13th of July, I had to load ten firkins of white lead, numbered from 11 to 20—I delivered them into the van for Mr. Houghton—this is one of them.
Cross-examined. Q. Was it Pidding's duty to send out this white lead by different men in Mr. Houghton's employ? A. It was.
MATTHEW GODDARD (police-constable M 167.) I was passing in Guildford-street, Southwark, on the morning of the 16th, and I picked up a book belonging to Mr. Houghton—I went there—the prisoner was called up and asked if he had lost his book—he said he had, but he did not know where—I asked if this was his—he said, "Yes"—I said, "Were you over at Guildford-street last evening?"—he said, "Yes"—I said, "Did you deliver a cask of lead and a bag of glue?"—he said yes, for a man he met in the New Cut—Mr. Clark reprimanded him for using his master's cart with other people's business, and told him to go on with his load—I found this lead and glue.
Cross-examined. Q. What place was this found at? A. A sort of stable-yard—four persons have a right to use it.
place in July last—I went after the prisoner in July—I have since been to his house to see if he came in or out—I was constanty watching for the first fortnight.
Cross-examined. Q. Did you go to inquire at the house? A. No, I did not watch at all in the day.
(The prisoner received a good character.)
GUILTY. Aged 45.—Recommended to mercy. — Confined Six Months.
2849. JAMES MORGAN was indicted for stealing, on the 1st of October, 1 purse, value 1s.; 1 sovereign, 1 half sovereign, 2 half-crowns, and 1 sixpence; the property of Charles Ireland, from the person of Elizabeth Ireland; to which he pleaded GUILTY . Aged 24.— Confined Six Months.
WILLIAM HORSENELL (police-constable G 172.) On the 14th of October, I was in Smithfield, in plain clothes—I saw the prisoner stoop forwards towards a gentleman, and draw this handkerchief from his pocket—he went through several pens—I pursued, took him, and took the handkerchief, and when I came back to where the gentleman had been, he was gone—the prisoner said he picked it up.
Prisoner's Defence. A person chucked the handkerchief down; I took it up, and was going on.
NOT GUILTY .
THOMAS POWELL . I live in Edward-street, Hoxton Old Town. On the 30th of September, I saw the prisoner and two others—I watched them from Holborn to Fore-street—I saw the prisoner come past the prosecutor's shop, and take up this umbrella—he went and stood at a shop four doors off, and Secreted it between the window and the frame-work—I passed, and attempted to seize his companion—he ran from me—I took hold of the prisoner, and he slipt from me, and ran down a court with the umbrella—before he reached the end he dropped it—he returned down the court, and came into New Basinghall-street—I took him, and brought him back—I am sure he is the person.
Prisoner's Defence. I never had it in my hand.
THOMAS POWELL re-examined. I gave a character to a man named Davis, who was transported last Sessions—I know a man named Baker—I am no companion of his—Davis was tried for stealing a purse from a lady, in the Poultry—I work at a builder's—I have another case here—I asked the Magistrate to pay me my expences in this case.
NOT GUILTY .
2852. JOHN JESSOP was indicted for stealing, on the 24th of September, 1 jacket, value 2s. 6d.; and 1 handkerchief, value 2s.; the goods of William Robinson: and 1 shirt, value 1s.; and 1 handkerchief, value 6d.; the goods of John Holmes, in a vessel in a port of entry and discharge.
GUILTY . Aged 19.— Confined Three Months.
WILLIAM CARTER . I am a lighterman, and live in Sydney-street, Commercial-road. About two o'clock in the morning of the 10th of October, I was at the corner of Lime-street—the prisoner accosted me, and got into conversation—I walked to Billiter-street—I had four sovereigns and some silver in my pocket—she stole three sovereigns and some silver—I heard a noise in her mouth, and found I was being robbed—I forced her mouth open, and took a sovereign out—I put my hand into my pocket, and missed half of my silver—I took one half-crown and one shilling from her hand—she was taken to the station, but no more money was found on her—I went back and examined the spot—it was dark—she had an opportunity to throw it away—I was sober.
HENRY SLATER (City police-constable, No. 519.) I heard an altercation, and came up—I heard the prosecutor say he had had three sovereigns taken from him, and one he had taken from the prisoner's mouth—she denied it—he said if she would return the other two sovereigns he would give her 10s.—she was taken to the station and searched, but no money found—the prosecutor was sober.
GUILTY . Aged 28.— Confined Three Months.
FRANCIS DERRY . I live in Randall-street, Camden-town. I met the prisoner in Gray's-inn-lane—I was intoxicated, and asked her to show me a cook-shop—instead of that she took me to a gin-shop, I believe—I had three half-crowns in my purse—I lost it—she returned the parse into my pocket, but I lost it afterwards.
Prisoner. You had the purse and money when you came out of the public-house. Witness. No, I had not.
JOHN JAMES . I was in the public-house—the prosecutor was very drunk—the prisoner and another woman were talking very friendly together, and after that they went to the door—then the prisoner put her hand into the prosecutor's pocket, and took out the purse, then searched his other pocket, and went to the door—she brought the empty purse back, and put it into his pocket.
Prisoner. You know he came out and took the purse out of his pocket, and it had the money in it. Witness. No—I fetched a policeman.
Prisoner's Defence. I was in the Barley Mow, in Gray's-inn-lane; the prosecutor went out, called me out, and asked me to take him to a cook-shop; he went and had some soup; he came out, and I took him to a public-house, and then to another; this other man was there; he asked the prosecutor if he had any money; he came out, and put his hand into his pocket, and pulled out his purse and money; then he took me to the station.
GUILTY . Aged 37.— Confined Four Months.
2855. JOHN BROWN was indicted for stealing, on the 20th of October, 3 dead partridges, value 4s. 6d., the goods of William Hunter, his master; to which he pleaded GUILTY . Aged 49— Confined Three Months.
CORNELIUS RYAN . I am shopman to Hannah Godby, in Brooke-street, Holborn. About half-past seven o'clock, on the 27th of September, I saw the prisoner running away with another person—one of them dropped ten coats—I never lost sight of the prisoner till I took him—the coats had been on the counter, within three yards of the shop door.
Prisoner. Q. Did you see me with them? A. I saw you running after they were dropped—I cannot say which of you dropped them—you ran different ways.
WILLIAM LUCK . I was sitting in the parlour, between seven and eight o'clock, and I saw a person go out—I followed—I saw two boys, one of whom was the prisoner—when I got to them, one of them chucked down a lot of coats, I do not know which it was.
Prisoner. Q. How can you swear to me? A. By your person and your coat.
Prisoner's Defence. I was playing down Brooke's-market; I saw a mob at the door, came up, and ran into the policeman's arms; the man called out, "Take him."
GUILTY .* Aged 16.— Transported for Seven Years—Convict Ship.
DANIEL REEVE . I am a linen-draper, and have a partner; we live in the Minories. At twelve o'clock, on the 7th of October, I received information from Smith—I ran out, and saw Lee and Cleland—I brought them back—Nash and this print were brought to my shop before I got there—this is my print.
WILLIAM SMITH . I am a cab-driver, and live in Cable-street. I was on the coach-stand in the Minories—I saw some cotton print on a chair at the prosecutor's shop, and three females standing round it—they all saddenly ran away, and the chair was left bare—I gave information pursued Nash, and brought her back with this printed cotton under her apron—I am certain that Cleland and Nash were two of the women—I am rather doubtful about Lee, as I did not see her face towards me.
Nash. I never went from the shop door; I picked up the print, winness. She had got near the top of the Minories with it.
Cleland's Defence. I was not with this young woman; I never saw her before.
NASH*— GUILTY . Aged 17. CLELAND— GUILTY . Aged 18. Confined Three Months.
LEE— NOT GUILTY .
ISRAEL MYERS . I am a sailor. I was paid off—I received 6l. 14s., and had five sovereigns and three shillings left—the prisoner took me to lodge a boarding-house—I was a cripple at the time, and was forced to go an stairs—he carried the light up, and staid there while I undressed—my money was in the inside pocket of my jacket, which I laid on the foot of the bed—I heard him go out of the room—when I awoke in the next room, my jacket was not in the room where I slept—I went into the next room, and found my jacket hanging on the bedstead where another of the boardes slept—I took it down, and the purse and money were gone—I went to the public-house to look for the prisoner—I asked him about it—he swere by his Maker he did not take it—he told the landlady it was a pretty case if he was to bring a boarder to her place, and he was to be robbed—I gave him in charge—this is my purse—there were three sovereigns and four| half-crowns in it when it was taken from the prisoner.
Prisoner. Q. On the morning I came home, did not I fling the purse to you, and you said no, it was not yours? A. No.
ANN ANDERSON . I live in Little Hermitage street. The prosecuter lodged with me—the prisoner introduced him there—I was the first person that went into the room after the prisoner left—I found the jacket in the next room, and hung it on the bed-post—it had only a penny-piece in—the prisoner went out after he took the prosecutor to bed—he never came in again—he ought to have slept that night at our house—he came in in the morning, and had two purses, but no money—I said would he give me on—he said, "Yes, take your choice"—he put this purse into my hand—the prosecutor came down, and asked how he came to take his jacket—I said, "Is this yours?"—he said, "Yes"—I said, "I took it, and there was nothing in it but a penny-piece; if you have lost your money, the person that put you to bed must have it"—the prisoner came in and said, "Is this your purse?"—the prosecutor said, "It is very much like mine"—the prisoner said, "Will you swear to it?"—he said, "To the best of my knowledge, it is mine"—the prisoner then turned to me and said, "I don't like to bring a lodger to your house, and he be robbed"—I said, "If anybody did it, it must be you"—they went out together.
JOHN CLARK . I am nephew to the landlady of the Gun, about 120 yards from the prosecutor's house. Between eleven and twelve o'clock that evening the prisoner came to our house—when he was going he asked permission to leave a sum of money—he first put down four sovereigns on the counter, and dropped one on the floor—he left the five sovereigns there that night.
CHARLES SMITH (police-constable H 189.) I took the prisoner—I found on him this purse, and three sovereigns, four half-crowns, a crownpiece, and some shillings—he said he drew three sovereigns from the Gun that morning.
Prisoner's Defence. I had 4l. and 3s. that I brought from Quebec—one of my shipmates let me have some money, which made up 5l. 7s. GUILTY . Aged 25.— Confined Six Months.
THOMAS FOWLIS . I live in Guildford-street, Russell-square. On the 30th of September I was on Holborn-hill, and felt a twitch at my pocket—I looked round, and saw the prisoner turn up Hatton-garden—I followed, and charged him with stealing my handkerchief, which I missed—he denied It—my son-in-law collared him, and said he would not let him go till he gave it up—he produced it from under his jacket.
WILLIAM HENRY PARKS . I live in Guildford-street. I was with the prosecutor—I collared the prisoner—I said I was determined not to let him go till it was proved that he had not got—the handkerchief—he then gave it up—he had before denied that he had it—he resisted, and dragged me down Holborn-hill.
Prisoner. Was it not all over mud, and did I not say I had picked it up? Witness. There was no mud on it.
Prisoners Defence. I saw two decent young men before me; I saw the handkerchief on the ground; I took it up, and put it into my pocket; I went up Hatton-garden; these two gentlemen came, and said I had got the handkerchief; I did not deny it; I gave it up.
GUILTY . Aged 22.— Transported for Ten Years.
MR. BALLANTINE conducted the Prosecution.
pickle warehousemen, in Finsbury. Mr. Acton, Heath and Co., and Messrs. Finch are customers of ours—the prisoner was in our counting-house—it was his duty to collect money—he was so employed on the 25th of June, on the 17th of September and on the 30th of April—it was his duty to account to Mr. Batty or me for the money he received—he did not account to me on the 25th of June for 1l. 18s., on the 17th of September for 1l. 10s. 6d., or on the 30th of April for 1l. 8s.—these receipts are the prisoner's writing.
Cross-examined by MR. PAYNE. Q. Do you mean he was authorised to collect these particular sums? A. Yes—he did not give information himself about these sums—he had been in our employ about two years and a half—he had 1l. a week when he first came, and 1l. 5s. lately—we first knew of these sums through our traveller.
Cross-examined by MR. PAYNE. Q. Did he make any statement to you before you discovered any thing? A. No.
GUILTY. Aged 27.— Judgment Respited.
(There was another indictment against the prisoner.)
JAMES GOLDING . I live in St. George's in the East. At a quarter past six o'clock on the 12th of October I saw the prisoner in a wagon in Old-street, St. Luke's, coming from the direction of the east end of Old-street, with two hogsheads of sugar—there was a person with him, who escaped, I stopped my gig, got down, and called a policeman—when the prisoner saw me be jumped out of his wagon, and ran down Aldersgate-street to Barbican—I overtook him, and brought him back—we took the wagon to the station, and found in it a bag of sugar, which I compared with the sugar in the hogshead, and it appeared to be the same—I have had the hogshead weighed, and 116lbs. Is deficient.
Cross-examined by MR. BALLANTINE. Q. Have you anything to do with the prisoner? A. No—only being a carman, I thought it not my duty to see a neighbour wronged—I know the name of the other man, who has escaped.
JOHN WILLIAMS . I am in the employ of William Timmings Grove. I saw the sugar weighed and delivered to the prisoner on the 12th of October—it weighed 15cwt. lqr. 8lbs.—there is now a deficiency of 116lbs.—I have examined it with that in the bag—it is the same, and is my master's, and was sent out by the prisoner.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Six Months.
2862. FRANCIS HENRY CATTERN was indicted for stealing, on the 26th of August, 1 umbrella, value 16s., the goods of Richard Williams, his master; and MARGARET VIALS , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c; to which CATTERN pleaded GUILTY . Aged 17.— Confined Nine Months.
hill—Cattern was in my service. I lost an umbrella on the 26th of August—this is it.
FREDERICK HARRIS . I live in St. James-street. I have been twice with Cattern to Vials, who sells apples in Wych-street, Drury-lane, to take two umbrellas to be repaired, as he told her—I believe her husband repairs them.
JOHN LINNARD (police-constable F 151.) On the 13th of September Vials was given into my charge, with this umbrella in her hand—she said her husband had bought the umbrella twenty-one years ago in Oxford-street—she then said her husband had been dead twenty years—at Bow-street she said she had it from a young man.
Vials' Defence. It was given to me; I did not know it was stolen.
(Vials received a good character.)
VIALS— GUILTY . Aged 68.— Confined Nine Months.
(There was another indictment against the prisoner.)
ROBERT MOODY HANCOCK . I am a wine cooper, and live in Brook-street, Lambeth. About seven o'clock, on the 11th of October, I was in Fleet-street—I felt a push of a lot of persons against me, and a pull at my pocket—I turned round, and saw my handkerchief in the prisoner's hand—I took him—he said he picked it up—he was within a yard and a half of me—there were one or two nearer to me than him.
Cross-examined by MR. BALLANTINE. Q. Was anybody conversing with him? A. I cannot swear that there was—he could not have reached my pocket from where he was, when I took hold of him.
GUILTY .* Aged 17.— Transported for Ten Years.
MR. PAYNE conducted the Prosecution.
WILLIAM WOOD . I am clerk to Messrs. Lowe and Sweeney, solicitors, in Southampton-buildings—they are solicitors of Mary, the wife of Alexander Benjamin Newton, and Lewis Lucas is the only trustee surviving—six or seven days before the 1st of October, the prisoner called on me at my employers there—he stated that the chimney of the house in question was in a dangerous and dilapitated state, and passers by were in danger of their lives—he had at that time offered me to look at the house, being a bricklayer—I authorised him to take down the chimney, and so much of the roof as he represented to be dangerous, and he was to have 6s. for it—I did not allow him to sell any thing—I went to the house, which is in Booker's-gardens, on the 4th of October—I saw the—floor off, and part
of the second, and in fact one-third of the house was down—some of the materials were there, and some I understood had been sold—I went into the house, and saw the prisoner there—he said, "A pretty hobble you have got me into"—I said "A hobble, indeed who gave you authority to take down this house?"—he said I had—I asked what he had done with the materials—he said he had sold them, and had got the money in his pocket—I asked what he had done with the sashes—he said they were in a room next door—I gave him into custody.
Cross-examined by MR. DOANE. Q. You gave the name of Newton as the person who has part of the property? A. Yes—the property is in the hand of a receiver, Mr. George Brown Lancaster, appointed by the Court of Chancery—I first saw the prisoner about ten days or a fortnight previous to the 4th of October—he did not come to me on the 10th of September—he came about the 23rd or 24th of September, about a place to be adapted for a Sunday-school—in consequence of which an appointment was made, for me to meet him at these gardens—the first appointment he did not keep—there was a negotiation, and the house and a synagogue were offered him for 30l. a year—I said the synagogue had been let for 10l. a year—he said he hoped to make 12l. a year by it—be could only give me 25l., for a great deal of glass was broken—he called afterwards, and on that occasion I let him have the keys of the estate, he having stated that he was a carpenter—I told him I had no funds on hand belonging to the estate—the repairs were to be paid, by a party taking them on a repairing lease—I did not agree that he should repair the house and let it, reserving to himself two rooms, nor any thing of the kind—he came and said it was in a very bad state of repair—I did not authorise him to get a hoarding, and go to the Cocket-office in the City—I know he had a hoarding up—I authorised him to take down that part of the house which was dangerous, and projected over—he was to put the bricks in the house, and, if necessary, to erect a hoarding—he said he would do it, if necessary—when he had taken down the chimney and a portion of the roof, if he had called on me and asked for the money, I should have paid him 6s. out of my pocket—I had 1l. or 2l.—there was a running account—Thomas Whitney gave information on the 1st of October—I sent a message by him to the prisoner—I went on Tuesday; and gave him into custody—I saw Peggs with the prisoner on the premises on the 4th of October—the prisoner did Dot tell me there was mortar falling from the other houses, nor that he was annoyed by the old mortar falling—I said I would bundle the persons out, and I had given them notice to quit—this was at the time he was talking about a lease of them—he did not tell me the City surveyor had reported the house was unsafe—I did not tell him to pull it down, and sell the materials, and pay the expenses, nor ask him if he would like to have my written authority—he did not say my word would be sufficient—I did not say to Mrs. Lewes that the houses were coming down, and she was to go out, nor that she was to get out in a week, otherwise I would kick her out—I had given her notice to quit.
JUDAH HART . I went to Brooker's-gardens on the 4th of October—I found about one-third of No. 3 pulled down, the front wall to the first floor was in a demolished state—I said to the persons there, "Who gave you authority to pull down this house?"—they said, "The landlord"—the prisoner was sent for—he came down—I said, "By whose authority are you pulling
these houses down?"—he said, "I know what I am about; if I have done wrong, give me into custody"—I said, "I want to know who has authorised you"—after hesitating some time, he said, "Mr. Wood"—I said to my clerk, "Go to Mr. Wood, and bring him down"—immediately he came, I said to Mr. Wood, "What orders have you given about this house?"—he said, the prisoner called on him two or three days before, and said the chimneys were in a dangerous state, so as to endanger the lives of passers by, and he had authorised him to take them down—I said, "Have you authorised him to sell the materials?" (which the prisoner had before told me he had done)—he said, "No"—I then said to the prisoner, "What has become of the sashes?"—he said they were in a room he was living in, next door—I afterwards went to the station, and saw the prisoner there—I said to him, "If you don't think proper to answer me, don't do so; I wish to know where you have taken the property, that the officer may follow it?"—he said, "I shall tell the Lord Mayor to-morrow morning"—the other man who was there said, "Three carts have been sold to Mr. Folgate, for 33s."—the prisoner said, "It is correct"—I said, "What have you done with the lead?"—he said, "I have had no lead."
THOMAS WHITNET . I am a chimney-sweeper; I live opposite this house. I saw the prisoner open the door, and two other perisons with him—I asked him what he was going to do—he said, "To make a Sunday-school"—on the Saturday after I saw a quantity of bricks and tiles moved from the place—I gave information to Mr. Wood—he sent word to the prisoner that he was not to move another brick till Mr. Wood came down on the Monday—the prisoner said, "Mind your own business; if Mr. Wood has any thing to say, let him come and say it."
JOHN GEOEGEWADE (City police-constable, No. 623.) I saw a quantity of bricks removed from this house—I went to No. 3, and saw the prisoner up stairs, lowering the bricks down in baskets—before I spoke to him he said he wanted to see me—he came down, and said he had placed a hoarding there, that the house had been condemned by the City Surveyor—he said Mr. Wood had given him orders to pull down part of the house, as it was dangerous—he was after that given into custody by Wood.
MATTHEW PEGGS . I buy old building materials. These premises were in a very dangerous state—the floors were not safe to walk on—I shored them up myself—part of the roof had fallen in, and the tiles were sold to Mr. Folgate by the prisoner's direction—I agreed to give him 12s. a thousand for them—I saw an old gentleman come from Mr. Montague's office—he said it was in a very dangerous state, he would have it down—there was a hoarding made—the sweep brought a message, and nothing was moved after that.
COURT. Q. What is the prisoner? A. A general man—he is occasionally a builder—he lives next door to these premises—I sold 1250 bricks and 1000 tiles—they were very bad—there was part of the front of the house pulled down, sufficient for a man to let a basket down—one-third of the house was not pulled down—only the roof was taken off—nothing more was done than what a person wishing to repair the house would do—we flooring was cut through to let the rubbish down—I was taken into custody and discharged. NOT GUILTY .
Sixth Jury, before Edward Bullock, Esq.
2865. FRANCIS PASQUAL was indicted for stealing, on the 15th of July, 2 pistols, value 4l.; also, on the 21st of September, 1 waistcoat, value 10s.; 2 pillow-cases, value 5s., 8 spoons, value 4l.; 3 forks, value 2l.; 1 shirt, value 10s.; and 1 pair of boots, value 4l. 5s.; also, on the 26th of February, 9 sheets, value 4l. 10s.; 2 decanters, value 1l. 10s.;2 swords, value 5l.; 13 spoons, value 13l.; 9 forks, value 8l.; 4 table. cloths, value 1l.; 1 pair of trowsers, value 8s.; 1 waistcoat, value 10s.; 5 pairs of gloves, value 1l.; and 3 handkerchiefs, value 4s.; the goodsof Edward Bleydell Bouverie, his master: to all of which indictments he pleaded
GUILTY . Aged 46.— Transported for Seven Years.
2866. WILLIAM MERRITT was indicted for stealing, on the 12th of September, 1 jacket, value 8s.; and 1 pair of trowsers, value 12s.; the goodsof Michael Dillon, in a vessel on a navigable river called the Thames; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 19.— Transported for Ten Years.
GUILTY . Aged 51.— Confined Six Months.
2868. JOHN GREENO was indicted for receiving, on the 14th of October, 1 watch, value 2l., the goods of Charles Blake, well knowing the same to have been stolen; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 32.— Transported for Seven Years.
GUILTY . Aged 20.— Confined Four Months.
MR. CLARKSON declined the Prosecution.
2871. LEWIS LAZARUS was indicted for stealing, on the 30th of September, 2 yards and a half of woollen cloth, value 2l. 12s. 6d., the goods of John Billen, from the person of Alfred Billen.—2nd COUNT, stating them to be the goods of Alfred Billen.
MR. DOANE conducted the Prosecution.
ALFRED BILLEN . I am sixteen years old—I am apprenticed to the seaservice—I had been on a voyage to Mountserrat, in the West Indies—I returned in August—I saw my father, John Billen, in September—he is a task-master at the Penitentiary—on the 30th of September he gave me two yards and a half of cloth to make me a jacket and trowsers—it cost 2l. 12s. 6d.—I went with it under my arm, to go to the ship—as I was going down Houndsditch I saw the prisoner standing at his shop-door, he asked if I wanted to buy anything—I said, "No"—he asked if I wanted to sell anything, I said, "No"—he snatched the cloth from under my arm—ran up stairs with it, and told me to follow him—he told the shopman to
bring up a pretty waistcoat and a pair of trowsers—the shopman brought them up, and asked me if I wanted them wrapped up in a piece of paper—said, "No, I wanted my cloth"—I had refused to try them on—then he said' I had stolen the cloth, I had got it no ways honest—I told him, my father gave it to me to make a jacket and a pair of trowsers—he said, "You ought to give me 4s. for bartering with me"—he gave me a push, and said I ought to think myself lucky—he told the shopman to go and look for a policeman—the bundle was tied up in a piece of paper—I became frightened—I had the waistcoat and trowsers—on the Sunday after I went home to my father, I told him what happened, and on the following morning I went to the prisoner again—I asked him if he had got the doth that be took from me—he said he had sold it to a party for 7s.—I said, "If I give you the money that you sold it for, will you give it me back?"—he said, "Yes,"—I then went on board my ship—I went to him again on the Wednesday with my sister and Mr. Thompson—when we got into Houndsditch I left them behind, and went to the prisoner—I asked him if he had got the cloth—he said, "Have you got the money?"—I said, "Yes,"—he said, "Sit down, my lad,"—then he said, "Who is this coming?"—my sister and Mr. Thompson came in—my sister asked him if he had got the cloth he took from me—he said if he had dealt with me he had done it honourably—my sister said she would go to a Magistrate—he said we might go to h—, and give his compliments to the Magistrate.
Cross-examined by MR. CLARKSON. Q. Are you the same lad who sailed with Captain James Norris, in the Alexander Robinson? A. Yes—I was in the employ of Captain Halnett, on board the Janson—the Alexander Robinson was the last vessel I was in—the robbery took place on Friday, the 30th of September—I was not present when the cloth was bought—this is a piece of it—I have never been on board any other vessels but the Robinson and the Janson—I have been transported—I served four years and a half on board the transport Euryalus—I have been out of the hulks about a twelve month and a half—I was tried in London on the 30th of September, 1836—I believe it was for carpenter's tools—I am sure it was—I have not seen the man here who took the convict clothes off my back—I never was charged with robbing Captain Norris—I was taken by Captain Ormond, on board the Janson, as a trial-boy, nearly twelve months ago—what I have done I have been punished for—I have been punished by the men for stealing 3s. 6d. out of the captain's pocket—I have been rope's-ended—I was in Newgate between two or three months—there was a lad transported with me—he was a stranger to me—I think his name was White—my father offered to give me a thrashing if I did not get the cloth back which Lazarus took from me—I said I would go and see if I could get it—I had been with my sister up and down Houndsditch, but I could not swear to the shop nor to the man again, without I saw him at the door, with his spectacles on.
EMMA BILLING . I am the witness's sister, and live with my father at Millbank. On the 30th of September my father gave my brother some cloth, which cost 2l. 12s. 6d. to make a jacket and trowsers—I saw the bill of it—he came back without the cloth, and with a waistcoat and trowsers, worth about 7s.—I accompanied him and a friend to Houndsditch—I stood back a few yards while my brother went in—I afterwards went in with Mr. Thompson—"I said, Mr. Lazarus, where is the cloth
you exchanged with this boy for a pair of trowscrs and a waistcoat?"—he looked at me, and said, "I know nothing about the cloth nor the boy either"—I said, "You do not know about it, and you know this boy"—he said, "I don't, be off," or something of that sort—I threatened to hare him before the Magistrate—he said I might go to h—, and give his compli—ments to the Magistrate—he said if he had any dealings with the boy it had been honourable—I went to the Lord Mayor for a summons.
Cross-examined by MR. BALLANTINE. Q. How long has your brother been living at home since last voyage? A. Not above a week or a fortnight—he first came home about last Tuesday week—he has not always been a good boy—he took some preserved meat from the ship becanse the butcher did not come—I heard of his taking some silver from the captain's pocket, but I did not know it was truth—I asked him about it—I do not think he denied it.
JOHN SAMUEL M'ARTHUR . I am officer of the Justice-room, Mansion-house—after the Lord Mayor had committed the prisoner for trial I had him in my custody—he requested that I would make every exertion a my power to bring about a settlement between him and the prosecutor, be would give 25l. to them and 10l. to me, if I could bring the arrangement round—I told him I could do nothing of the kind.
Cross-examined by MR. CLARKSON. Q. Have you been long in this place? A. Only from the third of this month—the prisoner was in excessive grief and trouble—he was anxious to be at liberty on any terms—he said the locking him up would ruin his business and character—be spoke of his wife.
NOT GUILTY .
MR. CHARNOCK conducted the Prosecution.
of Broad-street-buildings—I live in Mansfield-street, Kingsland-road. On the 22nd of September I had received a 5l. and a 10l. note and ten sovereigns at Barclay and Tritton's bank—I was proceeding homewards that night and met the prisoner near Shoreditch church—I had been in
dulging a little too freely in liquor—he spoke to me opposite cab stand, he was going down the Kingsland-road—he said he would see me home, as I was going the same way—I never saw him before—we proceeded on until we came to Mansfield-street—I there felt his hand a my pocket and a sudden snatch—I immediately missed my 5l. note—he ran away as fast as he could—I said, "That man has robbed me of a 5l. note," and called "Police"—Cannon came up—I next saw him in custody of the constable—I am certain that when he put his hand in my pocket the note was there—I had felt it just before—I had had my hand in my pocket to see that it was there—when I saw my note at the station it was the one I had had in my pocket.
Cross-examined by MR. BALLANTINE. Q. What time of night was this? A. Between eleven and twelve o'clock—I was not reeling about—I was able to walk steadily—I was not quite so composed as I ought to be, but I knew perfectly what I was about—I am certain I had not the note out of my pocket—I had seen it the last time at the Flower-pot, in
Bishopsgate-street—I had it out there to get change—to ride home in a cab—I did not require the prisoner to see me home—I am not aware that I was reeling about in such a state that I requested heing taken care of—I live a quarter of a mile from there—I wanted a cab to go home easy—he was a respectable looking man and said he lived the same way.
HENRY WELFARE . I am a toll-collector, and live in Pearson-street, Kings land-road. About half-past twelve that night, I was standing looking at the toll-collector at Pearson-street gate—I heard a rattle and the cry of "Stop thief"—I saw the prisoner running away from Mr. Brown's house and the constable after him—the prisoner was hallooing "Stop thief"—I ran across the road, caught hold of him, and asked what he had done, or what he had got—he said, "Only this," and pointed to the cuff of his coat—some short man came up—the prisoner said, "I am not the thief, that little man is the thief"—I gave him into custody.
FRANCIS CANNON (police-constable N 133.) I was in the Kingsland-road—I heard the ciy of "Stop thief," and saw the prisoner running into Mansfield-street—he came and asked if I had met the tall man who had stolen a 5l. note—I said no—he ran away—when he had got a few yards, Brown came and pointed to him, and said he was the thief—I sprung my rattle, and cried, "Stop thief"—I took him from Welfare, and searched him—I did not find the note—I told him to pull his coat off, and a 5l. note dropped—I cannot say where from.
ROBERT KEEBLE . I am clerk at Barclay and Tritton's. I paid the note in payment of a cheque of Mr. Thomas John Matthews, on the morning of the 22nd—I cannot say to whom. JOHN BROWN re-examined. This is the note I received at Barclay and Tritton's.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Twelve Months.
GUILTY .— Confined Twelve Months.
2875. JOHN ROGERS and JOHN MARTIN were indicted for stealirig, on the 8th of October, 1 purse, value 1s.; 2 sovereigns, 17 shillings; and two pieces of foreign coin, value 3s.; the property of William Barron, from his person.
WILLIAM BARRON . I live in Arundel-street, Strand. On the 8th of October I was in St. Paul's Church-yard—I felt my pocket had been picked—I missed my purse containing two sovereigns, seventeen shillings, and a Portuguese and Spanish coin—I had felt my purse in my pocket four or five minutes before—I saw four men pass me—there was a Policeman just before me—Mr. Powell asked if I had lost any thing—I said, "Yes, my purse"—the policeman took somebody into custody—I could not swear to either of the men that passed me.
THOMAS POWELL . I was in St. Paul's Church-yard—I saw the prosecutor—the prisoners, and two others, closed in with him just under the archway of St. Paul's-school—they appeared to be about a yard from him—I ran into the road, and saw Rogers first, two others behind him, and Martin behind the other two, and I saw Rogers lift up the prosecutor's
coat tail—he had something dark in his hand—I cannot say what it was—he turned it on one side to one on the left of him, who is not here—they were separate—I turned to see for a policeman, and when I turned my head round I only saw Martin—I crossed the road to the prosecutor but before I got to the pavement, I saw the prosecutor go to Martin, and feel his pocket outside—I touched the policeman on the shoulder, and told him to collar Rogers, that was the man who took it out of his pocket—I had followed the prisoners from the Poultry.
Cross-examined by MR. PAYNE. Q. You swore against another person this morning, a very similar story to this? A. Yes, I swore a person stole an umbrella—the jury acquitted him—(see p. 1233)—I am a carpenter—I was at work within half an hour of that time—I work for my brother, and I have a little household property—in the case tried this morning I followed some persons from Day and Martin's in Holborn, down to Fore-street—I was at work that day—I asked the Magistrate to pay my expenses—I was here last Sessions—I gave a character to one of the swell mob, who was tractported for ten years—I followed these prisoners from the Poultry to where the robbery was committed—I should say it took me twenty-five minutes—I know Baker, a policeman—I do not know that he was discharged for taking bribes—I do not know who he is—upon my oath I was not walking up and down with him all day yesterday—I saw him, and spoke to him—I did not say this morning that he was watching with me in that case tried this morning—I have not seen him every day since—I neter was a witness before this morning—I never was in prison—I do not knot the Bridewell in Bridge-street—I was drinking gin with Baker a short time ago.
Cross-examined by MR. CARTEEN. Q. What time was this? A. About a quarter past two o'clock—there were a great many people about—I told the Magistrate that the prosecutor felt the pocket of Martin—my deposition was taken down, I was asked if it was correct, and I signed it—I do not wish to say how I became acquainted with Baker—I had spoken to a policeman on that day, before the policeman jumped off the step of an omnibus—I do not think I stated about the prosecutor feeling Martin's pocket in my deposition—I cannot tell why I did not—I did not see any body behind Martin—I am not much in company of the police—I do not know a City policeman named Watson or Thompson—I have no wish to get into the police—I have made applications for it—I wished it at that time—my circumstances do not require it now—I will swear I not have applied within six months.
HENRY MORRIS (City police-constable, No. 3.) I was standing at the top of Ludgate-hill—I saw the prisoners and two others near the corner—they crossed the road to Ellis and Everington's corner—I followed them till they came to Paul's-chain, and when they were crossing towards St. Paul's ✗ school, I saw an omnibus coming that had no conductor—I got on the steps, and when I got further on there were the prosecutor and Powell round Rogers—I took him, and saw Martin cross the road—he turned, and I had a good look at him—he and the other two ran away—I took Rogers to the
station, searched him, and found two halfcrowns, nineteen shillings, and 3d. in halfpence, and a knife, but no purse.
Cross-examined by MR. PAYNE. Q. You found nothing that the prosecutor claimed? A. No, the prosecutor told me to take him.
Cross-examined by MR. CARTEEN. Q. You made no attempt to take Martin? A. No, not at that time.
GEOROB WARDLE (City police-constable. No. 235.) I went with Gardner and Powell to Seven Dials on Sunday the 9th—Martin was pointed oat by Powell—he ran away—Gardner hallooed to me, "George, look out"—I saw Martin run towards me—when he got within three yards of me, he made a spring at me, and struck me on the chest—I caught him in my arms—he made a great resistance, but with the assistance of Gardner, we secured him.
Cross-examined by MR. CARTEEN. Q. You, Gardner, Morris, and Powell went together? A. Yes, we followed one behind the other on different sides of the street—Powell was not more than two or three yards from Martin when he pointed him out—Powell said, "That is him"—there was another man with Martin at the time, and he struck at Powell with a stick—Gardner rushed to seize Martin, and then he tried to make his escape—we were all in plain clothes—it is a place of resort for thieves—I am not often there.
HENRY GARDNER (City police-constable, No. 327.) I was there, and Wardle took Martin—he was taken to the station—a metal watch and some money were found on him—he gave mea sovereign out of his pocket. NOT GUILTY .
NEW COURT.—Thursday, October 27th, 1842.
Sixth Jury, before Mr. Common Sergeant,
2876. JANE DEDRIDGE was indicted for stealing, on the 24th of September, 1 writing-case, value 18s.; 1 blanket, value 3s.; 1 shirt, value 1s.; 1 pair of boots, value 10s.; 2 pairs of stockings, value 1s.; 1 petticoat, value 1s.; 2 caps, value 12s.; 1 pocket-book, value 1s.; 1 knife, value 1s.; 4 pairs of gloves, value 2s.; 1 bag, value 1s.; 5 yards of net, value 1s.; and 1 handkerchief, value 1s.; the goods of John Sidcombe Hazard, her master; to which she pleaded
GUILTY . Aged 45.— Confined Six Months.
GUILTY . Aged 23.— Confined Three Months.
2878. THOMAS SULLIVAN was indicted for stealing, on the 10th of October, 1 tea-caddy, value 6s., the goods of William Wright; and that he had been before convicted of felony; to which he pleaded GUILTY . Aged 17.— Transported for Seven Years—Convict Ship.
GUILTY . Aged 12.— Transported for Seven Years—Isle of Wight.
2880. WILLIAM STARK was indicted for stealing, on the 13th of October, 40 quires of paper, value 2l. 10s., the goods of John Dickenson and another, his master; and THOMAS WARMAN , for feloniously re✗ ceiving the same, well knowing it to have been stolen; against the Sta✗ tute, &c.; to which they both pleaded
GUILTY .— Confined Six Months.
2881. ELLEN BAILEY was indicted for stealing, on the 18th of June, at St. Giles'-in-the-Fields, 1 time-piece, value 12l. 12s.; 2 carpets, value 5l.; 2 blankets, value 10s.; 2 flat-irons, value 4s.; 2 counterpanes, value 2s.; and 2 hearth-rugs, value 5l.; the goods of Ann Brandram, her mistress, in her dwelling-house.
MR. CLARKSON conducted the Prosecution.
ANN BRANDRAM . I am a widow, living in Gower-street, in tire parish of St. Giles' Bloomsbury. I took the prisoner as charwoman, to take charge of the house and its contents, on my going to Paris—I left home on the 18th of April—she was left solely in charge—she was permitted to have her husband to sleep there occasionally—my family returned on the 25th of August—I staid three weeks after, and returned to London oa the 13th of September—I found the prisoner had been given into custody,
AMELIA SWEETMAN. I am the wife of Robert Sweetman—we are both in the prosecutrix's employ. I went with her to Paris—I returned home on the 25th of August, with my husband and my mistress's son, between three and four o'clock in the afternoon—I found only a little boy in the house—the prisoner came in in about an hour—I missed this time piece, worth 10l., from the dining-room chimney—I told the prisoner what I missed—she came down to me in the room, and began to cry—I did not know what she was crying for—she begged for forgiveness—I begged her to tell me what was the matter—she produced thirty duplicates—my mis✗ tress's son afterwards gave her in charge—there was one ticket of a time✗ piece, and one of these carpets—I have examined the time-piece, and other things—they are my mistress's.
JAMES SWAIN . I am in the service of a pawnbroker, in Upper Sey✗ mour-street, St. Pancras. I received the time-piece on the 24th of August—the prisoner pawned it for 2l. 2s.—she said it belonged to her mistress—this is the duplicate I gave her.
Prisoner's Defence. I meant to have taken them out before my mistress returned.
GUILTY of stealing only. Aged 40.— Transported for Seven Years.
2882. THOMAS BUCKINGHAM was indicted for stealing, on the 21st of September, 2 bushels of oats, value 5s., and 7 bushels of chaff, value 3s.; the goods of John Tilbury; and that he had been before con—victed of felony.
MR. PAYNE conducted the Prosecution.
JOSEPH HIGGS (police-sergeant S 30.) At half-past three o'clock in the morning of the 21st of September, I saw the prisoner coming in a direction from Harrow-weal—I saw him at Sparrow's Hearn with a cart—I followed, and saw rather better than two bushels of oats, and seven bushels
of chaff in the cart—I asked what he had got—he said, "A feed of corn and chaff"—I got up, and asked where he got these oats from—he said, "From a corn-chandler, named Dolling, at Sparrow's Hearn"—I asked where he got the chaff—he said he had it cut by a man named Edwards, and got it from his own stable—I took the whole of the corn and chaff—I went to the prisoner's stable with him—I examined it—the chaff which was in the stable was cut with straw, and the other was not—the corn in the stable was sifted, that he had was not—he said he was going to London for coals, and got about four miles on the road, when he found he had forgotten his sacks—I took a sample of the corn and chaff in the cart to Mr. Tilbury's stable, and they corresponded exactly with what was in the stable—the prisoner had been in Mr. Tilbury's service—we tracked the cart to and from Mr. Tilbury's, and back to the same places where I took it, which was quite a different way to the London-road—there had been a shown of rain the night before, and no cart but his had been there.
Cross-examined by MR. PRENDEROAST. Q. Have you given the same account always? A. Yes—I said in my deposition that the prisoner said he got the chaff from his own stable—this is my signature—(looking at his de✗ position)—I do not see it here—I am sure I said it—the prisoner is a coal carter, and sometimes draws hay—he is not a corn chandler—he has dealt with various persons in the neighbourhood—Lock and Snowden were with me—he never denied in my presence that he had told me he employed Edwards,'or that he had bought the corn of Dolling—he went with me to the corn chandler's, and said, "Dolling, I bought these oats of you last week"—the man said, "No, you have not bought any oats since June"—I told Lock to take notice that the prisoner said he bought the corn of Dolling—the prisoner did not deny he had said so—Dolling said he had bought oats of him last June—I know that by the books—I traced the pri✗ soner's cart to within a quarter of a mile of Mr. Tilbury's place, in a road which leads from the stable to where we saw the cart, and we traced two men's footsteps there.
THOMAS LOCK . I was with Higgs about five minutes past one—I saw the prisoner with his horse and cart very near Sparrow Hearn—I saw him about half-past three o'clock returning again—we then spoke to him—he said he purchased the oats from Dolling—there is a road from there to London, and another to Mr. Tilbury's—he was in the middle of the road.
Cross-examined. Q. Would it take him to London if he kept the straight road? A. Yes, but there was a turning which would take him to narrow Weal, and Pinner—he was coming from Bushey between his own house and London.
Cross-examined. Q. What is the road to Mr. Tilbury's? A. The road
to go to Pinner—it was about a mile and a half from Tilbury's—there is a road below where I saw him, that he might have come along from London.
JOHN EDWARDS . I am a labourer—I have cut chaff for the prisoner—I never cut this which was taken from the cart—it is not sifted and has no straw in it—I have seen some taken from the prisoner's stable which looks more like what I cut than the other, I always sift it.
Cross-examined. Q. I suppose you would not swear positively whether it was or was not the chaff you cut? A. No, neither one way or the other—I did not cut this which was in the cart—I am sure of it—the chaff-cutters are very often out of order.
COURT. Q. Has the first got straw with it? A. No, only hay—the second has got some straw—what I cut was with one knife.
WILLIAM OSBORNE . I have been cutting chaff lately for Mr. Tilbury—I often cut chaff for him—this, which was in the cart, is the same sort as I cut for Mr. Tilbury—it is cut with three knives, which were all out of order and wanted grinding—this chaff appears cut with knives that wen out of order—there is no straw among it—it is not sifted.
Cross-examined. Q. Is it not a most usual thing for these knives to get out of order? A. Yes—I only cut for Mr. Tilbury—I swear this is what I cut.
COURT. Q. I suppose you know the chaff you cut as well as a gentleman does his hand writing? A. Yes,—I should think so—I can at all times tell the chaff I cut.
JOHN EDWARDS BOVILLE . I am clerk to Messrs. Boville, corn-facton in Milford-lane, Strand—I have supplied Mr. Tilbury with corn—I sent him some a short time before the prisoner was taken—I have a sample of it—I have compared it with the corn taken from the cart—they are of the same kind—there are oats of two different countries mixed together—I believe these oats to be the same—here is a sample which camefron the bin at Mr. Tilbury's—I believe them to be the same.
Cross-examined. Q. What country are they? A. Danish and Russian oats—they are foreign grown oats—these kinds of oats could not be grown in England—we had them out of a ship from Denmark—I know them by the look of the oats—the other oats were Russian oats—with them we mixed these oats together and sold them—I do not believe anybody in the trade ever did so, because they do not make saleable oats, nor a good-looking sample, but they make a good mixture—they do not sell so well as they do otherwise.
Cross-examined. Q. Are you the only person in your shop? A. Me and my wife—the prisoner said, "You know I bought these oats of you?"—I said, "No"—I had not a boy at that time—I never knew the pri✗ soner until this circumstance.
GEORGE EDWARD TILBURY . I live with my father, John Tilbury—we keep a number of hunters in our part of the country—I believe these oats to be my father's—he had oats and chaff of this description on the 21st of September—we have missed a quantity.
Cross-examined. Q. When did you miss them? A. On the Wednesday morning—I never said this before—I was never asked—I was before the Magistrate—I did not miss them, but one of our servants did—the prisoner has left us more than a year—we have employed him on and off fifteen years.
MR. PAYNE. Q. Did you look at the bin? A. No—a peck and a half is the usual quantity the servants take for their horses.
I saw bout a quarter before five o'clock the next day there was about three bushels gone and half a bushel left.
Cross-examined. Q. Were you the last person that saw it the night before? A. Yes, there were the carter's three horses in the shed—next morning the horses were gone to London—they would be fed out of that bin—they took a bag of food with them to London—I did not see them go.
MR. PAYNE. Q. Would the quantity taken for the horses and that from the cart, about make up what was deficient in the bin? A. Yes, I should think so.
MR. PRENDERGAST. Q. You did not see the horses go? A. No—I ought to have had the corn to feed my horses the next morning, which they took away.
GUILTY . Aged 55.— Transported for Seven Years.
2882. JAMES UNWIN was indicted for stealing, on the 20th of September, 2 shawls, value 23s.; 2 scarf ends, value 6s.; 2 handkerchiefs, value 1s.; '80 yards of ribbon, value 15s.; 6 yards of lawn, value 3s.; 4 handkerchiefs, value 8s.; 4 pairs of gloves, value 4s.; 1 other glove, value 6d.; 1 stock, value 3s.; and 3 pairs of socks, value 6d.; the goods of Diggory Northey, his master.
DIGGORY NORTHEY . I am a linen-draper, and live in Princes-street, Leicester-square—the prisoner was my porter. In consequence of some circumstances I sent for a policeman—I went to the prisoner's room, and I found this lawn scarf and other things in his boxes.
Cross-examined by MR. PAYNE. Q. Were they not sold to him? A. No, he was not allowed to take things, and pay when his wages were due.
(The prisoner received a good character.)
GUILTY>. Aged 18.—Recommended to mercy. — Confined Six Months.
JOHN FOREMAN . I am potman to Henry William Tully. I was ordered by my mistress, on the 11th of October, to look after the prisoner—I brought him back with me, and saw a spoon taken from him by the policeman—it is my master's.
Cross-examined by MR. PAYNE. Q. There had been a letting of tolls that day, had there not? A. Yes—I do not know whether the prisoner was connected with that—he came back directly I went for him—my master just felt one of the prisoner's pockets—he said, if he would deliver up the spoon, he would let him go—he said he had not got it—there had been half-a-dozen persons in the kitchen—the prisoner had had his dinner there, and some other men too—I found him playing at skittles afterwards—when the spoon was found in his pocket, he said somebody must have put it in.
for me, and I left the kitchen for about five minutes—when I came tack the prisoner took up his hat, and went out—I missed the spoon—I told my mistress—it was safe when I left the kitchen.
Cross-examined. Q. You did not send after the prisoner for an hour and a half? A. No.
GEORGE THRUSHTON (police-constable N 272.) I found the spoon in the prisoner's left-hand pocket, between the lining—there was a hole in the pocket—it was an open pocket—he said some one must have put it there.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Three Months.
CHARLES PARRETT . I am foreman to Thomas Searles, a boot aod shoemaker in Whitechapel. At half-past nine o'clock at night, on the 23rd of September, the prisoner came to our shop with a little boy abort eleven years old—I told the lad to serve her—he put one pair on the prisoner's boy's feet—they were too large—during that time my boy turned his head, and saw a pair of boots hanging on the prisoner's arm—he said, "What are this pair?"—she said, "They are his father's, bought at another shop"—the boy said, "What did you give for them?"—she made no answer—he took hold of the other boot, that was under her cloak, and seeing our private mark, he called out, "They are T. C. H."—I asked what it was—the prisoner rose from her seat, and was about going toward the door—I said, "What is it?"—the boy said, "She has got these on her arm"—I endeavoured to stop her—she would not be stopped—she pressed by me, saying, "They are his father's, bought at another shop"—she went out of the shop, leaving the boots in my hand—I went after her, and asked her to come back—she refused—I insisted on her coming back—she then returned—I called in an officer, and gave her in charge—these boots are my master's.
Prisoner. A little boy gave me these boots to fit on. I said they were too large, they would fit his father. Witness. I did not hear any thing of the sort.
Prisoner's Defence. A young woman came out of the parlour, and said, "What do you want with the boots?" I said, "They are the boots the lad gave me, they are too large;" she took them out of my hand, as though I wanted to steal them.
GUILTY . Aged 46.— Transported for Ten Years.
the coal-cellar—I missed it the following morning—this is a similar shovel in every respect—it was kept in the area.
JOHN SPIERS (police-constable D 142.) A few minutes after six o'clock, on the 28th, I saw the prisoner coming out of the prosecutor's area with this shovel—he ran away—I found him behind a heap of rubbish in Gloucester-square—this small screw-driver and chisel were found under a piece of wood, close to where he was lying.
Prisoner's Defence. I never saw them till in the policeman's possession—I had a job of work—I had no money to purchase a shovel—I saw this lying on the steps, and rang the area-bell.
(The prisoner received a good character, and a witness engaged to employ him.)
GUILTY. Aged 19.—Recommended to mercy by the Jury. — Confined Three Days.
2886. RUPERT ROBEY was indicted for stealing, on the 17th of September, 294 pence, 1432 halfpence, and 2 farthings, the monies of George Hayne and another; and one coat, value 10s.; the goods of Henry Hayne
HENRY HAYNE . I am clerk to my cousins, Henry and George Hayne, timber merchants, in Old-street, St. Luke's—I have seen some parcels of copper money produced by the officer—they are my cousin's property—I saw them safely locked up in the desk on Saturday night, the 17th of September, and the next morning they were gone—the desk was broken open.
SAMUEL HOWE (police-constable G 34.) At half-past one on Sunday morning, the 18th of September, I saw the prisoner come over the wall of the prosecutor's timber-yard—I asked him what he had been over there at that time in the morning for—he said, "I am a thief, and am in distress, I don't care what becomes of me; if you look down by your side you will tee a lot of money"—I looked and saw this money—I then saw the coat—I said, "Where did you get this?"—he said, "Perhaps I had better not say"—I took him to the station—he pulled out another 5s. paper of coppers, making seventeen 5s. papers—I went back to the prosecutors, and they found the desk had been broken open—I examined the lock, and found it had been broken open, and a small portion of a file was in the lock—I went up the timber-yard, and found this file, which corresponded with that part in the lock.
Prisoner's Defence. I was out of employ—my wife was confined, and my children wanted bread.
(The prisoner received a good character.)
GUILTY. Recommended to mercy by the Jury and Prosector. — Confined Four Days.
ABRAHAM HYNES . I live in Prescott-street—I had three tame fowls—between four and five o'clock in the evening of the 27th of September I met the prisoner accidentally at a public-house—I told him to take these fowls home, and the metal, and tell my wife that I was coming immediately—I gave him 1s—I had occasion to stop rather longer—I went home between seven and eight o'clock, and found they had not arrived—I went back to the public-house,
and the prisoner was not there—I went with an officer to the prisoner's house, and he was not there—on Wednesday he came into the public-house where I was sitting—he had the fowls—two of them were alive—one was dead—the policeman was there—I asked the prisoner where the metal was—he said, outside the public-house—he was very drunk.
Cross-examined by MR. BALLANTINE. Q. You never employed him before? A. No—I have lost about 10lbs. Of my metal.
NOT GUILTY .
JOHN GROVE . I live at Harmondsworth. About five o'clock on Wednesday evening, the 12th of October, I was in my barn—I had four bushels of oats safe in a sack then—they were black oats—they were threshed, but not cleaned—there were garlic-seeds and other seeds among them—I missed the oats and sack next morning—these are the oats.
Cross-examined by MR. BALLANTINE. Q. Garlic is a flower which grows in almost every oat-field in the country? A. It grows in a great many—these oats are my own growing.
THOMAS DUGGIN (police-sergeant L 28.) I received information, and went to the prisoner's stable about twelve o'clock on Saturday night, the 22nd of October—he returned from London with his cart while I was there—he is a jockey-man—I asked him if he had heard of the prosecutor losing a quantity of oats—he said he had—I asked if he had any objection to my looking into his stable—he said he had not—I asked if he had got any oats—he said he had not—I searched some time, and he came and turned a truss of hay off this sack of oats—I asked what he had got in the sack—he said mixture for his horses—I put my band in, and took a sample out—I had got a sample at the prosecutor's, and they seemed to me to be the same—I asked where he got the oats—he said, between a peck and a half bushel he got from an ostler at the Chaise and Horses at Hounslow—I asked if they were black oats—he said yes—I asked where he got the remainder—he said he bought a sack at Mr. Warne's, a corn-chandler, at Brentford—I left him in charge, and went to the ostler, and then to Mr. Warne.
Cross-examined. Q. I believe with the oats you found a mixture of beans and bran? A. Yes—the prisoner keeps horses—from a bushel to a bushel and a half was found in the sack.
Cross-examined. Q. Has he been a customer of yours? A. He may, but not very often—I have not had this description of oats in my possession for twelve months.
Cross-examined. Q. I suppose black oats occasionally come into your possession? A. Yes—I am ostler boy—we have our corn at Mr. flybread's—I sell these oats on my master's account—I pay my master.
NOT GUILTY .
WILLIAM ELLIOTT . I am a sailor, belonging to the Ellen: she is on the Thames. Between seven and eight o'clock in the morning of the 21st of September, I saw the prisoner, with my jacket in his hand, in the cabin—he had no business there—I asked what he wanted—he did not speak—I spoke again—I said, "If you do not speak, I will very soon see who you are"—I hove the bed-clothes off me, he made a bolt to the steerage, and I after him—I got hold of one of his legs, and he had no shoe on—he tumbled down by the gangway, recovered himself, and plunged into the water—I called out "Master!" he hove out after him, I traced him up along the lighter—he dodged us under the barge stern—I caught him, and found this waistcoat—it is mine.
Cross-examined by MR. HORRY. Q. Yon found it in your own cabin? A. Yes, it was removed—I was awoke by the prisoner's coming into the cabin—I had no light in my cabin—I saw somebody holding a waistcoat up—I saw him in the water—be made about four strokes between mud and water—the ladder was on the ship—I did not lose sight of the prisoner—he got to shore about a quarter of a minute before I got there—he wanted to stow himself away under the barge—it was about half flood—I laid my clothes in my own cabin, close by the cabin table—the hatchway was all open—no one was sleeping near where I was but the master—I was the only person sleeping in my bed cabin—the master has got one side of the steerage for his state-room, and I the cabin on the other side.
Cross-examined. Q. Did he say it was not him, it was another? A. Yes—he was covered with wet and mud—he tried to drag me into the river.
GUILTY .** Aged 21.— Transported for Ten Years.
(The prisoner had been convicted eight times since 1840.)
DANIEL SERJEANT. I am a lighterman, living in Eastfield-street, Lime-house. Turner was in my employ—I directed him to take the barge Kezia to Mr. Parry's wharf, City-road—he had fifty-six tons of coals on board—they were Mr. Parry's coals—they were in my barge, and in my custody—there have been some coals found—I have not compared them.
Cross-examined by MR. DOANE. Q. I suppose coals are very much alike? A. Yes—I could not swear to them—they are Sunderland coals—the sample and what are found appear to be the same—Clark is in the employ of Mr. Covington, a very respectable lighterman, at Limehouse.
EDWARD WANDERER TOWNSON (police-constable K143.) At five o'clock in the morning I was on the wooden bridge at Limehouse—I observed a barge coming through Salmon's-lane bridge; and as she got half through Clark steped from the barge, with a bag of coals on his shoulder—there was a man on the barge, of Turner's description—Clark came upon the bridge, and passed me—when he got to a narrow passage, I said, "What
have you got there?—he said, "For God's sake, let me go"—I sprung my rattle, got assistance, took him, went after the barge, and saw Turner—I said, "Who has charge of this?"—he said, "I have"—I said, "How came you to let a bag of coals go?"—he said, "I did not"—I said, "I saw a man go from the barge with a bag of coals"—he said, "You did not; no one has been near the barge but myself and the man with the horse"—it was daylight, and Turner must have seen Clark.
Cross-examined. Q. Was it not a foggy morning? A. No—there was no man driving the horses at that time—he had left, as the horses came through the archway, and went to the lock. NOT GUILTY .
PHILIP JOHN MEYER . I am in the employ of Mr. Curtis, of Riding-house-lane, Marylebone. About two o'clock in the afternoon of the 10th of October, I was delivering goods from a van, in St. James's-street—two gentlemen came out of St. James's-street—the tail of my van was down—there was not room for them both to pass—one of them gently passed by, the prisoner followed, and put his hand into the gentleman's right-hand coat pocket, and took out a purse—the gentleman said, "Halloo! halloo!—the prisoner turned, and threw the purse into my van—I took it up, it was a net purse with money in it—I gave it to the gentleman, jumped down, and followed the prisoner—he ran as hard as he could—I took him at the end of St. James's-square—he struggled very much—I said he must come back to the gentleman—in turning out of a court he said, "Don't be hard with me; if you do, you may send me for life"—I brought him back to the van—the gentleman was gone—two gentlemen ou came up, and said, "You must take him to Vine-street," which I did.
Cross-examined by MR. BALLANTINE. Q. Did you give back the purse directly? A. Nearly so; as soon as the gentleman came up.
GUILTY of stealing the purse. Aged 26.— Confined Six Months;
2892. LOUISA GRANGE was indicted for stealing, on the 19th of August, 4 rings, value 100l., the goods of John Metcalf, in the dwelling-house of William How; and ROSSIETT LENNON , for feloniously inciting, moving, procuring, and counselling the said Louisa Grange to commit the said felony. 3rd COUNT, for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c 4th COUNT,. for feloniously receiving, harbouring, and maintaining the said Louisa Grange; and that Grange had been before convicted of felony; to which
GRANGE pleaded GUILTY. Aged 25.— Judgment Respited.
MR. DOANE conducted the Prosecution.
ROBERT LIMONTON WILSON . I live in Duke-street, Manchester-square. On the 1st of August the prisoners came to my house to hire apartments—they approved of them, and agreed to take them—they gave the name of Viscount and Viscountess Le Grand, or Grant—they remained three weeks all but three days—four boxes were brought—a man who accompanied Lennon gave me a reference to Thomas Fisk, South Moulton-street—Mr. Fisk lived there—the prisoners went away, and left their luggage behind—
they lived together as man and wife, and occupied the same apartments and bed-room.
Cross-examined by MR. ESPINASSE. Q. Who came to your house on the 1st of August? A. Lennon and Mr. Fisk—Grange came afterwards, and continued with Lennon all the time—he was not there the last three days, Grange was—he was sometimes absent for a night or two, not very frequently.
MARGARET WALTERS . I live in Southwick-street, Hyde Park. On the 18th of August the prisoners came together in a carriage to look at some apartments I had to let—they agreed to take them, and wished to take possession immediately—I said it was customary to have a reference—they gave me a reference, after some hesitation, and Lennon wrote this paper, "Count de Noailles, attache to the French embassy"—I saw no more of them.
HARRIETT HOW . I am the wife of William How, of Albany-street, Hyde Park. On the 19th of August Grange came to me, about twelve o'clock, in a carriage—she staid about-ten minutes, while she looked at the apartments—she returned about one the same day, to inquire if her luggage had come, and if any lady had been for her—she left, and came again, in the same carriage, about four—she staid about a quarter of an hour—there was a change in her dress at that time—she came again about six—Mr. Welchman came, and went up stairs with her—she then came down and had some conversation with me, and left the house, leaving Welchman up stairs—in consequence of what I said Welchman went away.
JOHN METCALF . I am a goldsmith and jeweller; I live in Pall Mall. On the 19th of August Grange came to my shop, between one and two o'clock, in a very handsome carriage and pair of horses—I showed her some rings—she objected to some, they were not good enough—she gave the direction, "Countess de Noailles, 39, Albany-street"—she came again about ten minutes before six—she was then differently dressed—she came about some diamond rings, in consequence of which I agreed to send Welchman with four rings to No. 39, Albany-street—they were worth about 100l.—I lost them—I have seen one of them since, which Grange had pawned.
RICHARD NASH WELCHMAN . I am a goldsmith, living in Dean-street, Soho. In consequence of what I heard from Mr. Metcalf, I went to No. 39, Albany-street, with some diamond rings—I got there a few minutes past six—Grange was not there, but she came in—she got four rings from me—she left the room—I never saw her again—I heard from the landlady that she was gone.
GEORGE RUSSELL . I am a stable-man, living in George-street, Oxford-street. On the 19th of August, Grange came to my master about half-past ten o'clock in the morning—she had a carriage, and I was ordered to drive her about—I first drove her to Park-street, then to Grosvenor-street, then to Albany-street, (she went into several houses there,) and then to Metcalf's; then to Duchess-street—she got out and walked to Duke-street—she then came back with Lennon, and I drove them to Regent's Park, then to the New-road—Lennon then got out—I then drove Grange to Castle-street, Oxford-street—she went into a jeweller's there, and then back to Albany-street—she was absent a few minutes—I took her to Upper Berkeley-street—she was absent about two hours, and when she
came back she had changed her dress—after that I took her again to Met. calf's, and then to Stanhope-place—after that I drove her to Duchess-street, then to Duke-street—she came back by herself—Lennon can after her, and got into the carriage—I drove them to the corner of Princes-street, near Leicester-square, near where the pawnbroker lives—Grange got out and walked away—Lennon remained in the carriage—she returned, paid me for the hire of the horses, and discharged me—they then walked away together.
CHARLES CROSBIE . I am in the service of Mr. Lorton, a pawnbroker, in Greek-street, Leicester-square. I produce a diamond ring, which was pawned between seven and eight o'clock in the evening of the 19th of August, by Grange, for 10l.—I believe it was paid in sovereigns.
GEORGE WILLIAM PARSONS . I am a cabman. On the 19th of August the prisoners engaged my cab at the corner of Charles-street, Oxford-street, between seven and eight o'clock—Grange ordered me to drive to the corner of Duke-street, Oxford-street—when I got to the corner I pulled up—Lennon got out, and Grange sat in the cab—after that I drove, by Grange's direction, to the corner of Seymour-street, Portman-square—I waited there five minutes by her order—Lennon returned with a female servant and a bonnet—Grange changed it, and put that one on—she then asked me how long it would take me to go to the Southampton Railway—Lennon was not with her—he returned in about five minutes—I drove them both to the Southampton Railway-office—there Grange gave Lennon a sovereign—he handed it to me to get change—I gave him the change—he gave me 5s. out of it, and put the other into his pocket—he went away—Grange said, "Now I am a ruined woman, I am a ruined woman"—Lennon did not come back—I then drove her to Oxendon-street, Haymarket, and left her there.
Cross-examined. Q. Was she in the room when you found it? A. Yes.
CHARLES THOMAS PRATT . I am a cabinet-maker, and live in Vineyardwalk, Clerkenwell. I knew Lennon two years ago—he went by the name of Count de Tracey—I have seen him writing—I believe this letter to be his handwriting.
Cross-examined. Q. How long have you known the prisoner? A. It was two years ago that I knew him—I was then in the habit of receiving letters from him—I only saw his write once, when he wrote a bill for 1615 francs, on his banker's as he said, at Paris.
Translation read—"Poor Child,—I have not betrayed anything, and have not forgotten you; in proof of which I am at the present time, as well as yourself, under a warrant, which I have been lucky enough to avoid; I will explain all my conduct towards you—this will lead you to judge which of us deserves reproach; these are the facts. On our arrival at the railway, you know that orders had been given for my arrest, and the way in which we were examined left no doubt in my mind that we were looked sharp after; and you were of the same opinion, because you did not think
proper to go on this occasion, and if I had hesitated to act as I have done, you would have been lost; it was necessary for me to take a ticket for Southampton; you are aware the police are always there, and the police-man went with me to the coach; I told you to go and wait for me at the bridge; by accident, after your departure, the police took me to another wagon; I was locked in, and it was impossible for me to get out; but at the first station I got out, ordered post horses, and returned."
LENNON— GUILTY on the 2nd and 4th Counts. Aged 32.—Transported
for Ten Years.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 37.— Confined Two Months.
THOMAS KING . I am shopman to Charles Mills, a leather seller, in the Kingsland-road. In the forenoon of the 7th of October, the prisoner came into the shop—after he had looked out a portion of leather, he asked to look at some fronts—I showed him these, and some others—I saw him put these into his pocket—he had an old boot in his hand—he placed it on the leather he had looked out, and said he would call for them as he came back—as he was going out of the door I accused him of stealing those he had in his pocket—he said, "I am done" took them out of his pocket, and gave them up to my employer—these are the fronts—they are my master's—the prisoner did not pay for the leather he had looked oat.
Prisoner. I had them in my hand; I have not a pocket that would hold them; I never attempted to conceal them.
JOHN FORRESTER . I am a shoemaker. I was at the prosecutor's shop, looking at some leather, when the prisoner was there—I heard King speak to him about some boot fronts—the prisoner said he was done—King called for his master—the prisoner advanced towards Mr. Mills, took the fronts out of his side pocket or his right breast, and gave them up.
Prisoner. Q. Were you not at the further end of the shop? A. Yes—I heard you say, "Forgive me, for God's sake."
GEORGE BAINES (police-constable N 51.) I was passing the shop—I was called in, and found the prisoner there—I produce the leather fronts—they were given to me by Mr. Mills—the prisoner said he had no intention of stealing them.
Prisoner. Q. Did you examine my coat? A. Yes—I found the lining of it open, but no pocket.
(The prisoner received a good character.)
GUILTY. Aged 58.—Recommended to mercy — Confined Two Months.
2895. WILLIAM SMITH was indicted for stealing, on the 16th of September, 16 sovereigns, 1 half-sovereign, 2 half-crowns, 4 shillings, 1 sixpence, and 2l. Bank-notes, the monies of James Scott, his master.
September, I delivered him the money stated, belonging to Mr. Scott, and told him to go to the London and Westminster Bank, to take up a bill of that amount—he left the house with the property—I did not see him again till some days after.
Cross-examined by MR. CLARKSON. Q. Is Dr. Scott a physician? A. Yes—I superintend his business—l am paid by a per-centage—I do not share the loss as well as the profits—this money never went through Dr. Scott's hands—he was on the continent at the time—I have not found either of the notes, or sovereigns—the prisoner gave himself up to the officer, but I had a visit from his father before that.
JOHN GRAY (police-constable L 176.) On Monday, the 26th of September, I was on duty in Kensington-road—the prisoner came to me, and said he had been Jiving at Mr. Scott's in the Strand, he was entrusted with some money to go to the Bank, and in going he met with two or three prostitutes, they asked him to have something to drink, and while he was with them he missed the money, that he did not like to return to his matter to inform him, but he had kept away till that time.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy by the Jury.
MR. PRICE conducted the Prosecution.
JOHN FOLEY . I am warehouseman to Mr. Thomas Wilkinson, and am employed at his shop in Batters-street, Paddington. On the evening of the 28th of September, I deposited some wire in a particular part of the shop—I afterwards closed the shop on that evening, and I was the first person who entered it the next morning, a few minutes after six o'clock I first went and opened the shop-door—I did not go through the shop in to the workshop, and I am sure nobody had been in the shop before me—the prisoner, who was in my master's service, came in just after me, and he passed through the shop into the workshop—he staid there two or three minutes, and in the mean time I went out to take down some of the shutters—before I had taken them all down, the prisoner came through and went out—I then went to the place where I had deposited the wire the night before—I missed one hank of copper wire, which was worth about 11d.—I immediately followed the prisoner to the job that he was at, and saw him there—that was about a quarter of a mile from my master's workshop—I said to him, "You have taken some copper wire off the counter"—he said, "Yes, I have"—I said, "Where is it?"—he said, "It is here," and in the mean time he pulled it out from under some shavings, and gave it to me—I told him he must come to the shop, and speak to Mr. Wilkinson—I brought the wire back in my hand, and when we got back to the shop, I acquainted Mr. Wilkinson with what had happened—(as we had come along, the prisoner begged me not to mention it to Mr. Wilkinson, and he would make me any recompence I would accept)—Mr. Wilkinson had an engagement to leave for the country that day, to superintend a large job for the Earl of Hardwicke—I kept the wire, and put it in a place where no other person had access to it—I afterwards
gave it to the officer—I went with him to apprehend the prisoner—this is the wire.
Cross-examined by MR. PAYNE. Q. What was the job he had to do? A. To measure for some iron rails—copper wire is not used for fastening the rails, and he had only to measure them—it was not wanted for tying the tabrets, according to my judgment, and I have never seen it used at such jobs as that—if any rails are broken, they are spliced together with a tack or a brad.
Q. For area-step work and balconies is it not used? A. No—I will not swear it is not—when I took the prisoner to Mr. Wilkinson, he told me to let him go back and finish his job—I went to the prisoner's house to take him, on the 10th of October, and he had worked for Mr. Wilkinson till nearly that time—Mr. Wilkinson came home on the Wednesday following, which was the 5th or 6th of October, and it was not till five or six days after that the prisoner was taken—we then found him at his house, which is at No. 2, Burr-street—I do not know that he made several applications to Mr. Wilkinson for his Wages between that time—I saw him every day while he was at his job—he did no work after that job.
MR. PRICE. Q. Supposing any thing is wanted for a job, is it taken out without being delivered to him? A. No, it ought to be delivered to him by me, and booked.
NOT GUILTY .
CAROLINE SOMERVILLE . I live with my father, George Somerville, a shoemaker, in Norford's-buildings, St. Pancras. About eleven o'clock in the morning of the 7th of October, I was looking out of the window—I saw the prisoner take the boots off the window-ledge, and stand by the corner of the door, fumbling with her shawl—she came into the shop—I thought she was coming to try them on—she went out again with them—I went down to my father—I and my brother pursued, but she got quite away——I knew her—I have seen her about the street before—I am sure she is the person.
GEORGE SOMERVILLE . I am the witness's father. On the 7th of October the prisoner came to my shop, and asked for some boys' boots—my boy showed her one boot—she went out in a hurried manner, and said she would fetch the boy—on the Saturday afterwards I was up stairs—my boy called me down, and I saw the prisoner pass with the boots on her—I ran and caught hold of her, and asked where my boots were that she stole—she said, "Me?"—I said, "Yes, you have got them on"—these are the boots that were taken from her at the station, and are mine.
Prisoner's Defence. They were on the pavement, I took them up, and put them on.
(The prisoner recived a good character.)
GUILTY. Aged 19.—Recommended to mercy. — Confined Two Months.
EBENEZER JOHN MARMOY . I am a spectacle-maker, and live in Gloucester-terrace, Shoreditch—I lived in Cumberland-place, Chelsea, two years ago, and the prisoner slept in the same bed—he came in on the night of the 17th of September, 1840, about seven o'clock at night—I awoke about seven in the morning, and he was gone—I missed my watch, chain, and two keys—I saw it again on the 19th or 20th of September last—this is it, by the number, the face, and some repairs I had done to it—the chain and the keys are the same.
Prisoner. Q. How do you know me? A. I have known you two years and a half, going on for three years—I saw you at Mr. Wales's the morning before I lost my watch.
COURT. Q. How long did he sleep with you? A. Six nights, that gave me an opportunity of knowing him.
JOHANNA BRADSHAW . I am the wife of John Bradshaw. In December, 1840, he kept the Magpie and Stump in Cheyne Walk, Chelsea—the prisoner was a customer of mine—in January, 1841, he had 2s. worth of beer—he asked me if I would trust him if he would leave the duplicate of his watch—he left it, and I afterwards sent William Hill with the ticket to redeem it—it was a very short time afterwards—it was like this watch—I cannot swear to it—I did not notice the chain—it was a doable cased watch.
WILLIAM HILL . I am servant at the Hope and Anchor, in East-street, Chelsea. In January, 1841, Mrs. Bradshaw gave me the duplicate of a watch, pawned in St. Martin's-lane—she gave me some money—I fetched it out, and gave it to Mrs. Bradshaw—it was similar to this, and the chain was similar—I cannot swear to it.
Prisoner. Q. Where did you live? A. I was staying at Mrs. Bradshaw's—you lodged there, but I do not remember that you were lodging there when this happened.
HENRY KIMBER . I am a police-sergeant. I apprehended the prisoner at Chelsea on the 22nd of September—I asked if he left the duplicate of a watch with Mrs. Bradshaw—he denied it for some time—I told him to be careful what he said—he said he had sold one to a lad that lived at the Yorkshire Grey, which is close by, and before I got to the station he said he had left one with Mrs. Bradsbaw—he said he had bought it of a young man that lived at the same house.
WILLIAM VINCENT . I am a watch-maker. Best brought this watch to me to be cleaned—knowing it to have been stolen about a year and ten months ago, I stopped it—I know it by a private mark on it—I know it was in the prosecutor's possession.
Prisoner. I lodge at Mrs. Bradshaw's, and I bought the duplicate of a man in the tap-room; I went with him to see it, and got it in my own name; I kept it by me some time after—I could not redeem it; I sold it to Mrs. Bradshaw.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Six Months.
JANE BATTS . I am the wife of Thomas Batts. About a quarter to nine o'clock on the evening of the 4th of October, I was at the Adelaide Gallery with Amelia Cox—I went up to the electrifying machine—the prisoner was standing on my right-hand side—I was being electrified—my dress was pulled up from the bottom—I went to knock it down—the prisoner was standing by my hip—I struck her—she had not got her hand quite out of my pocket—I dropped my hand and said, "My G—Mrs. Cox, I am robbed"—she said, "No, you are not"—I said to the prisoner, "Yes, and it is you"—I took hold of her arm, then of her hand, and my purse was in her hand—she dropped my purse down at my feet—she said, "I have not got any thing, feel"—I said, "Yes, you have dropped it"—I never let go of her till I gave her in charge—my purse contained ten shillings and three sixpences—this is it—I picked it up at the time—I had made it myself—it is joined in the middle.
Prisoner. Q. Did you feel me pick your pocket? A. No—I did not see the purse in your hand, but I felt it—I can swear you had the purse in your hand—I felt you drop it.
Prisoner. I own I had a purse in my hand with 1l. 4s. 6d. in it, but it was mine.
COURT. Q. Did you see a purse in her hand? A. I felt it in her hand—I could not tell it by the feel—my purse was in my right-hand pocket—I did not feel it when I went in—I had no occasion for it—I might have been there twenty minutes.
AMELIA COX . I was with the prosecutrix. I was at the electrifying machine—I saw the prisoner near the machine—the prosecutrix dropped her arm and said, "My G—, Mrs. Cox, I am robbed," and I saw her with the prisoner's arm grasped in her hand—they were close to the machine—the prisoner was on the right side of the prosecutrix—I heard the purse dropped, and saw the prosecutrix pick it up from the floor—I got an officer—the prosecutrix's dress was turned up—it was not so when she went in.
RICHARD THOMPSON . I am a constable of the Lowther Arcade. I received charge of the prisoner—she denied all knowledge of it—I had her searched by the female searcher at Bow-street—they found two other purses on her, one containing 1l. 4s., the other 1s. 5d. in copper.
Prisoner's Defence. I had my own purse in my hand with 1l. 4s. 6d. in it; a fine green purse with steel beads, and 1s. 5d. in copper in a common purse in my pocket when I was taken, and had my silk purse in my hand.
NOT GUILTY .
DORCAS HAZLEWOOD . I am the wife of James Hazlewood, a grocer, at Hoxton. I was in the parlour at the back of my shop on the morning of the 3rd of October—I heard a jink of money in the till—I looked up and saw the prisoner leaning across the counter taking money out of the till—I saw the money in his fingers—he saw me and ran away down Hoxton—I went to the till and saw that between 2s. and 3s. were gone—I went to the door and saw he was stopped by somebody—I had looked into the till a quarter of an hour before, and it contained between 2s. and 3s., when I looked at it afterwards there was no silver in it.
in plain clothes, in Hoxton Old-town—I saw the prisoner with two others—I watched him—I saw him go into a shop and come out again—I watched him about a quarter of an hour more—I saw him go into the prosecutor's shop, he stopped a few minutes and then ran out—I caught hold of him, and asked him, "Have you got anything?"—his two companions ran away—he said he had got nothing—I saw he had one hand clenched—I caught hold of it, and on opening it I took two shillings and two six-pences out—I took him to the shop, and the prosecutrix said, "He is the lad that was in my shop"—he said, "The money is my own."
Prisoner's Defence. I went into the shop to buy a penny worth of Spanish liquorice; I saw a boy going by, and I ran out.
GUILTY .* Aged 18.— Transported for Seven Years.
SARAH BRADLEY . I live with my mother in York-street, Chelsea. On the 17th of September the prisoner brought a bill of 8s. 3d. for bread supplied to Mr. Lee—I paid him 8s. 3d. for Mr. Lee—he signed the bill—on the 22nd I paid him 4s. for Mr. Lee—I got a receipt for that.
JAMES LEE . I am a baker, in Drury-lane, the prisoner was in my employ about eighteen months—he was authorized to receive money—it Was his duty to pay me—he never accounted to me for either of these sums.
JAMES WESTMORELAND . I am a policeman. I took the prisoner at his master's shop—I told him it was for embezzling money—he said he was very sorry, he hoped his master would forgive him, and his father would make it all right if he went to him—the reason he did it was his money was rather low, 9s. a-week.
Prisoner. I meant to put it back again.
GUILTY . Aged 18.— Confined Four Months.
NEW COURT.—Friday, October 28th, 1842.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 16.— Confined Four Months.
MR. CLARKSON conducted the Prosecution.
ARCHIBALD KYLE . I am in the service of John Hill, a linen-draper, in Oxford-street. About a quarter before twelve o'clock on the 18th of October, a lady drove to the door—I went out to attend to the carriage—the moment I laid down some gloves before the lady, I cast my eyes across the road and saw the prisoner lift Mr. Harris's pocket up with his left hand and insert his right hand—I did not see what he took out—I immediately ran across and inquired of Mr. Harris if he had lost anything—I then followed the prisoner—he ran down Oxford-street, down Duke-street, Henrietta-street, and up Gray-street—I there laid hold of him—he
appeared in great agitation—he said, "Let me go"—I am certain he is the man—I never lost sight of him.
Cross-examined by Mr. BALLANTINE. Q. Where is your shop? A. Between Duke-street and North Audley-street—it is a very wide part—the carriage was a closed one—there were not several persons running until I came to Duke-street, and cried "Stop thief"—I saw no one running before the prisoner, I am sure, because no one could tell what I was running for.
MR. CLARKSON. Q. In the course of the prisoner's running, had he any opportunity of getting rid of anything? A. Yes—I took him at the top of Gray-street, and he had no opportunity of giving anything away until we got to Oxford-street—a man there pushed very much against him—he about him, and seemed to try to get something from him, and said he would go and fetch the gentleman.
THOMAS NOEL HARRIS . I am independent, living in Park-street, Grosvenor-square. I was walking in Oxford-street a little before twelve o'clock on the 18th of October—Kyle seized me by the arm and asked if I had lost anything—I put my hand into my pocket and missed my purse, containing one sovereign, two half-sovereigns, and three shillings—I saw a man running with a cloak on his arm—I could not see whether the prisoner was the man, his back was towards me—Kyle said, "Follow me," and ran after the prisoner—after a considerable chase he was apprehended—he said, "Let me go, let me go, it is a mistake"—the Magistrate asked him why he ran—he said, "Because others ran."
Cross-examined. Q. Others were running? A. I saw no persons running at the time Kyle came to me, only a person with a cloak—mine was a long purse with tassels at each end.
(Edward Worthing Brown, a house-agent of Berwick-street, Soho; and Dakin Moore, attorney of the Middle Temple-lane, gave the prisoner a good character.)
GUILTY .* Aged 40.— Transported for Ten Years.
JOHN MOORE . I am assistant to James Peachey, of Goswell-street—it is his dwelling-house, and is in the parish of St. Luke. I was behind the counter at a quarter to seven o'clock on the evening of the 27th of September—my attention was drawn towards the door—I saw the prisoner leave the shop with the clock in his arms—it had been inside the front the shop—I ran out and overtook him—he said it was given into his arms by a man in front of the shop—he was walking very leisurely—the clock was worth five guineas—we might have taken 4l. 19s. for it.
WILLIAM TAYLOR . On the 27th of September I saw the prisoner and another at the top of Old-street, Goswell-street, very near Mr. Peachey's—I watched them—there was an accident with a horse and gig—his companion attempted to pick a gentleman's pocket, but did not succeed—they went to Mr. Peachey's, and the other lifted the clock from the shop
front, and put it in the prisoner's arms—he walked off with it—the other ran away—I had watched them from half-past six o'clock till seven.
Prisoner's Defence. I was coming from Shoreditch. A man asked me to carry it; I was walking on very leisurely behind him; the prosecutor came and asked what I had got; I said, "A clock." I showed him the man that gave it to me. I was in company with no other person.
GUILTY . Aged 19.— Transported for Seven Years.
MARY CRAWFORD pleaded GUILTY . Aged 20.— Confined Three Months.
GEORGE SEARLE . I am assistant to George Gambridge, a linen-draper in Ratcliff-highway. On the 6th of October, between five and six o'clock, I saw Allen and another person at the window—they went to the other side of the guard, where they were joined by Crawford—the other then took a piece of flannel, put it into a bag, and handed it to Crawford—I saw Allen put the end of the flannel into the bag—I jumped over the counter and laid hold of the prisoners—the other ran away—this is the flannel.
Aliens Defence. I was with a friend, and got tipsy—I saw a mob round the prosecutor's door. The witness said he saw me pass the flannel to Crawford. I did not know any thing about it till next morning, I was so drunk.
ALLEN— GUILTY . Aged 23.— Confined Four Months.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
WILLIAM STOREY . I am assistant to Mr. Harding, a surgeon, in Charles-street, Soho. On the 10th of October the prisoner came for some castor-oil, which came to 6d.—he gave me a crown piece—I took it for change to Mr. Shepherd next door, gave it to him, brought back the change, and gave it to the prisoner, who went away—I after that received a crown piece from Crawford—I put it at the back of one of our bottles—I took it and tested it—I found it was bad—I afterwards gave it to Behenna.
Prisoner. Q. It is quite false, how do you know me? A. By your personal appearance. I know you quite well. I saw you again on Wednesday the 12th. I have not the least doubt of you.
MILDRAM SHEPHERD . On the 10th of October Mr. Storey came to my house for change for a crown piece, which he gave me, and I gave him change—I afterwards found it was bad, and sent it back by Crawford.
GEORGE SPACKETT . I am assistant to Messrs. Fisher and Glover, in Conduit-street, Hanover-square. On the 10th of October the prisoner came to the shop about half-past six o'clock in the evening for an ounce of salts, which came to 1d.—she gave me 1s.—I did not take particular notice of it, but gave her 11d.—I looked at my till to make up my day's account about ten o'clock that evening—I found a bad shilling in the till, but I cannot say it was the one the prisoner gave me—on Tuesday, October
11th, she came again about the same time, and asked for an ounce of salts—I served her—it came to 1d.—she gave me a bad shilling—I said I believed she did the same thing before, and had given me a bad shilling—she said I was quite mistaken, she had not been near the shop—I sent for a policeman, and gave him both the shillings—I am certain the prisoner was there on the first day.
Prisoners's Defence. It is quite false to say I was there before.
GUILTY .—Aged 18. Confined Six Months.
THOMAS COOK pleaded GUILTY . Aged 17.— Confined Three Months.
JOSEPH MOUNT (police-constable C 115.) I was on duty on the 19th of October in, the Broadway, Westminster, with Russell—I saw the prisoners together, and followed them—they went to the Bayswater-road, where William went to an apple-stall, and Thomas went further on—I did not see William do anything, but in consequence of what I heard I followed them further down the road—Thomas then went to a stall, and William went ten or twenty yards further on, and waited—Thomas went to him and they walked away together—I followed them to the New-road, Hammersmith, where I saw Thomas go into Mrs. Richard's shop, and William stood outside about five or ten yards off—I followed Thomas into the shop, and saw him put down 6d—I secured him, and produce the sixpence—Thomas denied knowing any thing about it till his brother was brought in, he then said, "I have done it in consequence of being out of work, it is the first time I have done any thing of the kind."
WILLIAM RUSSELL (police-constable C 113.) On the 19th of October I was with Mount, and saw the prisoners in the Broadway, Westminster—we followed them—I saw William go to an apple-stall—we inquired, and followed them further along the road—I saw Thomas go to a stall—we inquired there and followed—I saw Thomas Cook go into Richard's shop, and William waited about twenty yards off—he then walked about twenty yards further—I seized him, and found these thirty-two sixpences in his left-hand waistcoat-pocket, eight in one paper, and twenty-four in another, and tied with a bit of thread in separate parcels.
JOHANNA CONNOR . I am the wife of Dennis Connor—I was attending a stall in the Bayswater-road, on the 19th of October—the prisoners came—Thomas asked for a halfpennyworth of apples, and gave me a sixpence—I went to a shop for change—they told me the sixpence was bad—I returned, and gave it to Thomas Cook—he went away, and said he would go and change it, as he had just taken it.
HARRIET ELIZABETH RICHARDS . On the 19th of October, between one and two o'clock, Thomas Cook came to my mother's shop, and asked for a half-quartern loaf, and a quarter of cheese—I was cutting the cheese
when a gentleman came and asked for Mrs. Taylor—the prisoner put his sixpence on the counter, and the gentleman asked if the bread and cheese were for the lad, and if that was his sixpence—I said, "Yes" the police-man then came and took him.
MR. JOHN FIELD . This sixpence is counterfeit, and seventeen of these others are counterfeit, and cast in the same mould as this was—fourteen of these others are all alike, and are counterfeit, but cast in a different mould.
WILLIAM COOK— GUILTY . Aged 14.— Confined Six Months.
MESSRS. ESPINASSE and PLATT conducted the Prosecution.
CHARLOTTE ABBEE . I am the wife of Joseph Abbee, a grocer, in Vine-street, Westminster. On the 13th of October, about nine o'clock in the evening, Kidd came, and bought a pennyworth of cheese—he gave me a sixpence—I put it into my pocket, gave him the change, he left, and in about two minutes Escott came, and asked for a pennyworth of bread—he gave me a sixpence, which I put into my pocket, and gave him the change—Hockley afterwards came, and, in consequence of what he said, I took out of my pocket the two sixpences which I had received from the prisoners—I had two others in my pocket, but the two which I had received from the prisoners were on the top of a letter which I had in my pocket, and I can swear they were the two which they gave me—Mr. Hockley came over directly, before I had left the counter—I gave the two sixpences to the officer—I am quite sure they were what I had received from these two prisoners—those which I had in my pocket before were very much worn, the letter was lying flat in my pocket, and the sixpences which the prisoners gave me were new, and very different to those.
JOHN HOCKLEY . I live nearly opposite Mr. Abbee. I saw the prisoners—a little after nine o'clock that evening—Escott went into Mr. Abbee's shop, and Kidd stood outside—I saw Escott come out of the shop—he joined Kidd, and they went away together—I went and spoke to Mrs. Abbee—in consequence of what she said I went after the prisoners, and gave them in charge.
JOHN DRAKE (police-sergeant B 6.) I took the prisoners—I found on Kidd a piece of bread, a piece of cheese, and a small knife, and on Escott 1s. 3d. in copper—I produce two sixpences which I received from Mrs. Abbee.
KIDD*— GUILTY . Aged 16.
ESCOTT*— GUILTY . Aged 16.
Confined One Year.
NOT GUILTY .
MR. ESPINASSE conducted the Prosecution.
JOSEPH DAVID LEATHART . I am a paper-hanger, and live in Bath-place, Bayswater. On the 22nd of September I saw the prisoners at the corner of Regent-street and Jermyn-strcet—I saw Addis give something to Johnson, then cross to the other side of Jermyn-street, and she went on to Mr. Gurney's,
a butcher—Addis was at the corner of Darby-court, waiting for her—I saw her come out to the court—she then went away in company with Addis—I spoke to Mr. Gurney—he was showing his neighbour a piece of coin—I then went after the prisoners—they went to Davis-street, Berkeley-square—Addis there gave something to Johnson—she went to Mr. Turton's shop, and Addis waited at the corner of Brooker-street—Johnson came out of Turton's shop), and joined Addis—they went away together—I followed them into Robert-street, where I saw something again pass from Addis to Johnson—she went into Mr. Brook's shop, at the corner of Duke-street—I went into Oxford-street for a policeman—I after that saw Johnson—she crossed from Robert-street to Hart-street—I took her back to the police-man—she said, "Oh dear me, you frighten me," and tried to get something to her mouth—she put her right hand up to her mouth, I caught hold of her hand, took a shilling out, and then took her back.
WILLIAM NUTKINS . I am servant to Mr. Gurney, a butcher, in Jermyn-street. About half-past eleven o'clock, on the 22nd of September, Johnson came for half a pound of mutton—it came to 2 1/2 d.—she laid a shilling upon the slab—I bent it double, and told her it looked like a bad one—I told her not to come there again, or she would get into trouble—I gave it to her, and she dropped it on the floor—I picked it up, and after she went away I gave it my master—about three quarters of an hour after Rose came with Leathart—my master gave me the shilling, which I knew was the same by the way I bent it—I gave it to the officer.
JAMES TURTON . I am a butcher, and live in Davis-street, Berkeley-square. On the 22nd of September Johnson came to my shop, about twelve o'clock—she bought half a pound of beef-steak, which came to 4d.—she gave me a shilling—it was a bad one—I threw it down, and told her to take herself away—she went out immediately, and took the shilling with her—after she was gone Leathart came to my shop, and half an hour after both the prisoners were brought to my shop—I am quite sure Johnson is the person who offered the bad shilling.
WILLIAM BROOKS . I am an oilman, and live in Gilbert-street, Grosvenor-square. On the 22nd of September Johnson came to my shop for a quarter of a pound weight of soap—it came to 1 1/2 d.—she gave me a bad shilling—I said it was bad—she said she obtained it over the way, and went out of the shop—I afterwards went to Vine-street, and I saw Johnson in custody—I am sure she is the person that offered the shilling—I saw a shilling at the station—I did not know that shilling.
JOHN ROSE (police-constable C 41.) On the 22nd of September, Leathart met me in Oxford-street—I took Addis, and told him I took him for being concerned with a woman in passing bad money—he could not make any answer at first, as he had something in his mouth, which he swallowed with great difficulty—he held his head back, and then said he knew nothing of the woman—while this was going on, Leathart brought Johnson—when we got to Piccadilly, Addis escaped—he did not get quite one hundred yards, nor get out of my sight—I searched him, but found nothing on him—I went to Mr. Gurney's, and received from Nutkins one shilling—this is it.
Johnson's Defence. I was not with Addis at all.
JOHNSON— GUILTY . Aged 18.—Confined Six Months.
ADDIS†— GUILTY . Aged 23.— Confined One Year.
ANN TOMLIN . I am the wife of John Tomlin, who keeps the Torrington Arms, Finchley. On the 6th of October, the prisoners came together—I served Jones with half a pint of beer—it came to a 1d.—she gave me a half-crown—I gave her change—Smith called for half a pint of beer—he gave me a penny—Jones walked off first, and Smith followed in a moment—I put the half-crown in the till—I had no other there—I after wards gave it to my husband.
Smith. Q. Did you see me drinking with Jones, or having any conversation with her? A. No, you were both in the house when I first saw you.
JOHN TOMLIN . On the 6th of this month, I found a half-crown in the till—I gave it to a policeman, and went after the prisoners—I first saw them about a quarter of a mile from my house—they were walking and talking together—I passed them, and went to the Swan with Two Necks, at Whetstone—they passed while I was there—I followed them as far as the Anchor at Whetstone—another person joined them—they stood discoursing together for about a quarter of an hour—Jones then went on towards Barnet, taking a bundle from Smith, who walked across into the field for a minute or two, then came back and walked through Whetstone—I followed him to Mr. Baker's house—I afterwards took him and gave him to the policeman.
Smith. Q. Before the Magistrate did you say any thing about Jones taking a bundle from me? A. I do not think I did, but I saw you do it—you turned down a lane—no one had an opportunity of coming down the lane to speak to you, but the man that went with you.
CHARLES EVERETT . On the 6th of October, in consequence of information, I watched Smith—there was another man named John Smith with him—they went towards Finchley—I saw George Smith standing in the road, about one hundred yards from Baker's—I took John Smith, and afterwards Mr. Tomlin gave George Smith into custody, and on my way to the station I stopped at the Woolpack at Barnet—I saw Jones outside—I took her, and on the way I saw her draw a bag from her person, and throw it to George Smith—she said, "Here"—he tried to get possession of it—Flitt picked it up—I got this half-crown from Mr. Tomlin.
CHARLES FLITT . I am a carrier at Barnet. On the 6th of October, I saw Everett with two men—I saw Jones brought out—on the way I Saw she was scuffling about her person—she drew from her person a bag, and threw it to George Smith—it fell out of the cart—I picked it up and gave it to Evans.
SAMUEL EVANS . I am a police inspector. On the 6th of October, the prisoners and John Smith were brought to the station—I received from Flitt this bag, containing ten five shilling pieces, five half-crowns, and four shillings, all counterfeit.
here are ten crown-pieces all counterfeit, and all cast in one mould and the four shillings are also counterfeit.
Smith's Defence. I went into Tomlin's to get half a pint of beer; Jones was in the bar—I did not take notice of her; I went about a quarter of a mile further; I overtook her, and entered into conversation with her for about two miles; I then left her.
JONES— GUILTY . Aged 23.— Confined Six Months.
SMITH*— GUILTY . Aged 38.— Confined One Year.
MR. ESPINASSE conducted the Prosecution.
JOHN TOMLIN . I keep a public-house at Finchley. In consequence of information I went after George Smith and Jones—I went to the Anchor at Whetstone, and there saw John Smith join them—they conversed about ten minutes or a quarter of an hour—Jones then left them, and went towards Barnet—the prisoners went down a lane and stopped a little—they then went on to Mr. Baker's, at the Swan with Two Necks—John Smith went in, and George stopped outside—I took George.
SARAH JARVIS . I am servant at the Swan with Two Necks, at Whet-stone. On the 6th of October, John Smith came for a pint of beer, which came to 2d.—he gave me a half-crown—I laid it on the bar-table for my mistress to give me change—she gave me two shillings and a fourpenny-piece in change—I saw her look at the half-crown—I thought it looked very black.
CATHERINE BAKER . I keep the Swan with Two Necks, kreceived a half-crown from Jarvis, and gave her 2s. 4d. change—I looed at the half-crown, and saw it was one of George III. dated 1816—I put it into my pocket—I had four more there, which I did not know the dates of then—I afterwards saw them, and not one was dated 1816—I gave the half-crown to Everett—I am quite sure it was the one I got from Jarvis.
HENRY. BAKER . I am son of Catherine Baker. On the 6th of October I was in company with Mr. Tomlin, outside the Swan with Two Necks—I saw George Smith with a female—I afterwards went into the house, and saw John Smith in there—George was about twenty-five yards from my house, loitering about on the pavement—I afterwards assisted in taking them.
CHARLES EVERETT (police-constable S 272.) I went to the Swan with Two Necks on the 6th of October—I saw George Smith about 100 yards from the house, and John came away from Mrs. Baker's towards me, and passed George—I received this half-crown and four others from Mrs. Baker.
MR. JOHN FIELD . The first half-crown is a counterfeit, dated 1816, and similar to those produced on the last trial—here are four other half-crowns, all good, but none of the date of 1816—they are all different coins.
John Smith's Defence. I met George, and asked if I was in the right road to London; he said, "Yes," and left me; I went to have some beer, and was returning, when I met the policeman; he asked what I had got; this is not the half-crown that I gave Mrs. Baker.
George Smith. I was not in company with this man, I was with Jones,
JOHN SMITH— GUILTY . Aged 18.— Confined One Year,
GEORGE SMITH— GUILTY . Aged 38.— Confined One Year more.
JOHN NEWMAN . I am a shoemaker, and live in Rose-street Soho, On the 14th of October I was in Compton-street, between nine and ten o'clock—I saw the prisoners in company—Nicholson was cleaning up, shilling in the palm of his hand—they all three walked on towards Princet-street—I followed as far as St. James's-market, where Edwards parted company, and went to St. Alban's-hotel—she was inside about three minutes—I went in after she came out—in consequence of what I heard I followed Edwards, near to St. James's-market—she there joined the other prisoners—Edwards and Nicholson went to the Haymarket—I followed them to Jermyn-strect—Smith ran away at the corner of Norris-street, Haymarket, towards Panton-street—I had a policeman with me then—we went after Nicholson and Edwards—I took hold of Edwards, and she threw a blue parcel away—I called to Storey, who was standing by, to pick it up—it was about ten minutes past nine o'clock in the morning.
JAMES STOREY . I am a labourer, and live in Ham-yard. On the 14th of October, I was standing at the corner of Queen-street—I saw Newman and the policeman take the prisoners—Edwards ran back, and threw; blue parcel away—it contained four counterfeit shillings—I marked them, and gave them to the policeman.
JOHN WARREN (police-constable C35.) I was on duty on the 14th of October—I went with Newman after Nicholson and Edwards—I saw Nicholson put his hands to his coat-pocket—I let Edwards go, and secured his hands—I saw him take a piece of blue paper out of his pocket, and attempt to pass it to Edwards—it dropped—Edwards took it up, ran away, and threw it away.
GEORGE TURNER (police-constable C 83.) I was on duty in Coventry. street. In consequence of information from Newman, I went after the three prisoners as far as St. James's-market—Smith went from the other two for about three minutes, then returned to them—they went to St. Alban's-street—Edwards came out of a public-house—she walked to the other two prisoners—they walked away together—I followed them—Smith ran away towards Pan ton-street—I saw him in the act of putting something down a grating—he turned back, and I took him.
SARAH ANN GROVES . I am bar-maid at the St. Alban's-hotel. On the morning of the 14th of October Edwards came to the bar, and called for half-a-pint of beer—it came to Id.—she gave me a shilling—I examined it, and asked if she knew what it was—she said a shilling—I told her it was a leaden one—she said, "Dear me, I am sorry for that, I shall be the loser of it"—I gave it her, and took the beer away—she went away.
Nicholson's Defence. I met Edwards, she said she should like to have a pint of beer; she came out, and said it was a bad shilling. I never told her I had this money in my possession.
Smith's Defence. I met Nicholson near Westminster, and went with him.
NICHOLSON— GUILTY .
EDWARDS— GUILTY .
Confined One Year.
SMITH— GUILTY . Aged 18.
GUILTY.— Judgment Respited.
2915. TIMOTHY BRIEN and WILLIAM JACKSON were indicted for stealing, on the 1Oth of October, 4 cushions, value 1l., the goods of John Howe Johnson; and that Jackson had been before convicted of felony.
JOHN HOWE JOHNSON . I am a mourning-coach master, living in Black Horse-yard, St. James's. About eight o'clock on the 10th of October, I saw one of my coaches drawn into my yard—the gates were closed—I was walking towards them, and saw two persons together in a corner—I spoke to them, they got up, opened the gates, and one ran one way and one another—I followed the one that ran to the left, and immediately saw him taken—it was Brien—as I went out I saw three cushions in a sack—they had come out of my coach—the sack did not belong to me—the cushions had no right to be on the ground.
Cross-examined by MR. CLARKSON. Q. You did not take anybody? A. No—my men were at the top of the yard putting my horses in—the gate has a little inner door that opens—I am not aware that the corner is sometimes improperly used.
Jackson. Q. Did you see me in the yard? A. I saw two persons—I cannot swear to you.
THOMAS WESTON . I am coachman in the prosecutor's employ. I returned with the coach about ten minutes before 'eight o'clock—I brought these cushions in the coach—I was taking the horses into the stable.
Cross-examined. Q. How many persons were in the yard besides you? A. Two—they are not here—they were at the upper part of the yard—I bad not left the coach doors open—I was absent about a quarter of an hour—I took my horses up the yard—the other two men were with me.
WILLIAM RUSSELL (police-constable C 113.) About ten minutes past eight o'clock I was on duty in Titchbourn-street—I saw Jackson standing outside the prosecutor's gates—I watched, and saw Brien come outand join bim,—they were in conversation—Jackson then went into the yard—he came out, and then they went into a public-house—they then went into the yard, were in a few minutes, and came running out—I followed Jackson and took him.
Jackson's Defence. I met two females; I stood talking to them; I gave them something to drink; I came out and went into the yard; I turned round, and was buttoning up; a man called out; when I got across the road the policeman took me.
which I got from Mr. Gilbee's office—(read)—the prisoner is the person.
BRIEN— GUILTY . Aged 19.— Confined Six Months.
JACKSON— GUILTY . Aged 18.— Transported for Seven Years.
HENRY SCOONS . I am errand-boy to Mr. William Hallam. On the 20th of October the prisoner came into the shop for half a quire of writing paper, and when he was gone I missed these two books now produced—they are my master's.
Prisoner's Defence. A man asked me to buy the books; I asked what he wanted for them; he said 9d.
GUILTY . Aged 20.— Confined Three Months.
PATRICK STANLEY . On the 8th of October I happened to go into the house where the prisoner was—I gave her half-a-crown, and we were going to bed—as soon as I went to bed she got my trowsers and robbed me of two sovereigns and four half-crowns—I know I had that money in my trowsers when they were taken off—she took the money out and left the trowsers.
ROBERT MOORE (police-constable K 332.) I received information, and found the prisoner in a house in Twine-court—I said I had come to take her for robbing Patrick Stanley of two sovereigns and four half-crowns—she said she was willing to go with me, and she had not a farthing about her—I took her to the station, and had to wait some time for the searcher—the prisoner said if a person had taken any money it was better to divide it than go to prison, and she said, "Take this"—I opened her hand and took one sovereign out, which she took from under her clothes—no more was found.
Prisoner's Defence. He gave me 3s., and we parted; I had not left him two minutes, and was going on an errand, when I was stopped by the officer; I had one sovereign, which was my landlady's.
GUILTY . Aged 28.— Confined Four Months.
2918. JOHN BROWN was indicted for stealing, on the 17th of September, 6 planes, value 1l. 4s.; 6 saws, value 18s. 6d.; 1 stock and 28 bits, value 16s. 6d.; 5 chisels, value 3s. 4d.; 2 screw-drivers, value 1s. 6d.; 2 squares, value 4s.; I rule, value 1s.; and 1 basket, value 6d.; the goods of John Ellis.
JOHN ELLIS . I am a carpenter, and live in Mare-street, Hackney. About seven o'clock in the evening, on the 16th of September, I left my tools in my workshop, and locked the door—about six the next morning I found the lock broken off the door, a chest had been broken open, some planes and other things taken away—the articles produced are mine.
Prisoner's Defence. I know nothing of stealing them; I was asked by a person I was acquainted with to pawn them.
GUILTY . Aged 61.— Confined One Year.
(There was another indictment against the prisoner.)
WILLIAM THOMERSON . I live in London-street, Hackney-road, and am a builder. I purchased some bricks from Messrs. Brooker, and employed the prisoner to cart them—he ought to have brought me sixteen loads, but brought only fourteen—each load consisted of 500 bricks—I found some bricks at Mr. Long's, in Tyson-street—they resemble those I bought in every respect.
Prisoner. I bought seven hundred bricks of a witness here, at seven in the morning.
GEORGE MUNSEY . I keep carts, and job. On the 28th of September the prisoner employed our two carts, to go to work for him—we done eight loads—we drove them to Mr. Thomerson's job, at Old Ford—the next morning we went to work again, and the prisoner drove my cart to Mr. Long's—he jumped on my cart and threw about a hundred bricks off, and he did the same with the other cart.
Prisoner. I was loaded and gone before this witness came. Witness. I sold him 500 bricks beside what were sold to the prosecutor.
WILLIAM THOMERSON re-examined. I employed the prisoner to cart my bricks—he was to have brought sixteen loads on my account, and when I came to look I had but fourteen—I inquired, and was told that two loads had been shot at Long's—they were taken off carts which I had hired—they were loads that were coming to me.
Prisoner. I drew him 7500, and it is nothing but spite, what he has done against me.
NOT GUILTY .
2920. HENRY CROUCH and MARY ANN CROUCH were indicted for stealing, on the 5th of July, 2 sheets, Value 5s.; 1 counterpane, value 6s.; 2 pillows, value 6s.; 1 candlestick, value 1s.; and 1 looking-glass and frame, value 1s.; the goods of Jonathan Tibbs; to which
MARY ANN CROUCH pleaded GUILTY .— Confined Six Days. The prisoner received a good character, and a witness engaged to employ her.
MARY TIBBS . I am the wife of Jonathan Tibbs—the prisoners occnpied a room of me. On the 11th of October I went to their room with policeman—Mary Ann Crouch opened the door—Henry Crouch wanted to make off—I said I thought my things were not safe—Henry Crouch said it was all correct—Mary Ann Crouch then said she was obliged to make away with the things herself, and the man said she had given the sheets to be washed—I missed the articles stated—this is my property—I believe they were in much distress.
HENRY CROUCH NOT GUILTY .
EDWARD RICHARD MILLER . I live with my father Joseph Miller who keeps a furniture warehouse. On the 12th of October my brother informed me that the prisoner had stolen a tankard from the door—he was in the habit of working for us—I followed him, brought him back to the shop, and took this tankard from him—it is my father's.
Prisoner. I told him I intended to return it. Witness. He said be intended to return it in the evening—it stood in the shop, and be came to ask if there was anything to do,
Prisoner. It was under most distressing circumstances; I had notify to do.
(The prisoner received a good character.)
GUILTY. Aged 42.—Recommended to mercy. — Confined Ten Days.
GRIFFITHS pleaded GUILTY . Aged 17.— Confined Six Months.
ANN DINGLEY . I am daughter of James Dingley, a hosler, in Wych-street. On the 9th of October I heard a noise and came down—I found my mother with Griffiths, and soon after a gentleman brought Jones into the shop—there were 11 pairs of stockings on the counter.
WHITFIELD BUTLER . I live in Cursitor-street, and am an actor. About eight o'clock in the evening of the 9th of October I was passing and saw Griffiths coming out of the prosecutor's shop with a bundle in his hand—I caught him—he dropped the bundle—I took it up, and gave him to another person while I went after Jones, who had then got into another street—he had been looking through the window while Griffiths was in the shop, watching him, and when Griffiths came out Jones ran off—I ran and caught Jones.
—they went and looked in at different shops—I followed them until they got off my beat.
JONES**— GUILTY . Aged 17.— Transported for Seven Years.
BENJAMIN SMITH . I keep the King's Arms at Limehouse, the prisoner WAS my pot-boy. On the 26th of September he brought me a sovereign and a half-sovereign, he said he wanted change, and that he had received them from a Mr. Rowe—I had not sufficient silver, and sent him out for change for the sovereign, and he brought it to my bar-maid—she then gave it him by my desire, and the half-sovereign—he then wanted change for 1s., and had a 6d., and 6d. in coppers—Mr. Rowe is not here, but I have had to pay him 30s. again.
DANIEL PAUL (police-constable K 123.) The prisoner came and asked me to take him up—I asked him what for—he said, "Have you heard of Mr. Smith being robbed?"—I said, "Yes"—he said, "I am the lad; he gave me 30s., and I went off with it."
GUILTY. Aged 19.—Recommended to mercy. — Confined Five Days.
2924. WILLIAM ILIFF was indicted for stealing, on the 27th of September, 9lbs. weight of pork, value 5s. 8d., the goods of Frderick Thomas Hayar, his master; and GEORGE FLOWER for feloniously receiving the same, well knowing it to have been stolen.
FREDERICK THOMAS HAYAR . I am a pork-butcher, and live in Shoreditch. The prisoner Iliff is my apprentice—I received information from Wolfe on the 27th of September—I went through my back place out into the other street, and round into the stable occupied by Mr. Jeffs—I found Iliff and Flower there—I said there was meat there belonging to me—they both denied it—Iliff then went away on the errand on which he was sent—Flower then said, "Here is some meat of yours here; here is a leg of pork; take it home, make no noise about it; I will pay you for the leg of pork;" and then afterwards, when the officer had got the leg of pork, as Iliff, and Flower, and I were Walking to the station, Flower said, if I would not go to Court with him, his father would give me 20l.—I am sure he first said there was no pork, and he afterwards produced the pork—it was mine—I had seen it safe about an hour and a half before.
Cross-examined by MR. CLARKSON. Q. Have you reason to believe that Iliff has been led away? A. Yes—he had been a good hard-working boy—I believe Flower has been the means of it entirely—Iliff has been with me three years—I will take him back directly.
Cross-examined by MR. PRICE. Q. How long was it after Iliff had left your house with the pork that you found him at Mr. Jeffs' stable? A. About three minutes—I could not say to five minutes—I had not charged Wolfe with taking this leg of pork—I cannot say that I know a Mr. Harvey—there was a party called me the other day about this business—I do not know his name—I had not spoken to a policeman before I followed I liff, nor had I a policeman waiting—I sent Wolfe for one, and he came in a few minutes—Wolfe has never been in prison on this occasion—I had not told
Wolfe to cut up this particular leg of pork for sausages—there were two or three legs to be cut up, and this was one—I had no inferior legs of pork—we never take the best things to cut up first—if a leg has been kept a little too long we cut that up, not for sausages in particular, but for saveloys—we cut up the pork that has been a little over kept, if we have any—I had not told Wolfe to have that particular leg of pork cut up, because it had been over kept—it has been since cut up for saveloys—there was no straw or hay with it when it was cut up, but there was when it came from the man. ger—it was not dirty from street dirt as well as from the manger—I will swear that—when I went into the stable the leg was brought out of the manger, then put on a truss of hay, and then laid on the ground—when the policeman came in, Flower gave it to the policeman himself—when I went, Flower was standing in the middle of the stable doing nothing, and Iliff was outside, at the door—I could not hear that they were conversing together—I did not send Iliff away—he went away of his own accord—when he left our place he was going on an errand, and he took the leg of pork out and delivered it, and then went on his errand—I believe liff took the leg of pork off the board—I will swear that Wolfe did not give it him to carry out—when I first went up to the stable I spoke to both the prisoners together—I said there was some meat there of mine, and they both said there was no meat there—Wolfe was not present then, nor the officer—it was within two or three minutes after that, that Flower said there we some meat in the stable—I came back to the stable again in a few minutes—I knew Iliff was gone to a house, about fifty yards off, I should think—when he came back the pork was produced—it was in his way back to come to the stable again—Flowers had just come home from driving his master in the carriage—Iliff took the pork in a pail, and an apron thrown over it, which he had borrowed of Wolfe.
BENJAMIN WOLFE live with the prosecutor. About three o'clock in the afternoon on the 27th of September, Iliff came and asked me to Iend him my apron—I was in the water-closet at the time—I watched him—he put a leg of pork into a pail, and took it to Mr. Jeff's stable—I told my master, and he went after him directly.
Cross-examined by MR. PRICE. Q. How long have you been in your master's employ? A. About two months—he has not charged me with being accessary to taking away this pork improperly—I did not know where Iliff was going when he asked for the apron—I know he went to Mr. Jeff's stable, and then to a butcher's—my master's premises are the or four minutes' walk from the stable—Iliff was going on an errand, and he has to pass Mr. Jeffs stable to go—my master did not give me that pork to give to Iliff—he had given me two legs of pork to make saveloys of—this one had been in salt for some time, I believe—we do sometimes salf it when it has been a little over kept—we make our saveloys of salf pork—my master had been to the stable before I had, and when he found the pork, he called to me to fetch an officer—I found my master in the stable talking to Flower—Iliff was gone on his errand—the pork laid on some dung which I suppose was the horses bed—we cut the outside on, threw it away—the pork was not dirty before it went out—I do not know that Iliff had let it fall in the street—it was very dirty when it came from the stable—we cut all the outside of it off.
JOHN ROADNIGIIT (police-constable G 167.) I went to the stable, and Flower produced the leg of pork—he said, "Here is the leg of pork, I have been very foolish"—he said it was brought in by Iliff, and he was to
make away with it in some way, and he said he had done wrong, we should all be in prison together—I mentioned this at the office—he said the boy brought the leg of pork, that he had dropped it down, and he must make away with it in some way or other—Iliff was not then present.
Cross-examined by MR. PRICEM. Q. Was it not in a very dirty state? A. It was dirty—it had been in some manger—it appeared as if it were dirty from the dirt in the street—the prosecutor was present when Flower said what he did to me—the prosecutor said he had been encouraging the boy in stealing, and he would give them both in charge—the horse was in the stable—the harness was not taken off.
ILIFF— GUILTY. Aged 17—Recommended to mercy by the Jury. —
Confined Six Days.
FLOWER— NOT GUILLY .
Fifth Jury, before Edward Bullock, Esq,
2925. RICHARD TUBBS was. Indicted for stealing, on the 11th of October, 3 shirts, value 6s. 9d.; 2 pillow-cases, value 1s.; 3/4 of a yard of calico, value 3d.; the goods of Benjamin Smith; to which he pleaded
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 18.— Confined Two Months.
GUILTY . Aged 27.— Transported for Seven Years.
GUILTY .— Confined Two Months.
2929. WILLIAM DELL was indicted for stealing, on the 3rd of August, 6 pairs of stockings, value 3l.; and 4 handkerchiefs, value 4s. 6d.; the goods of Chamberlain Birch:—also on the 23rd of September, 4 umbrellas, value 4l.; the goods of Charles Brewster:—also on the 3rd of August, 18 pairs of stockings, value 3l., the goods of James Drew:—also on the 10th of August, 25 knives, value 3l.; and 25 forks, value 1l. 10s.; the goods of Frederick Barrett; to all which he pleaded
GUILTY . Aged 52.— Transported for Seven Years.
2930. WILLIAM LONE was indicted for stealing, on the 12th of September, 1 gelding, price 30l.; 1 cart, value 20l.; 1 set of harness, value 20s.; 1 puncheon, value 5s.; 11cwt. Of treacle, value 12l.; I5cwt. Of sugar, value 50l.; 112cwt. Of pepper, value 5s.; 112lbs. weight of rice, value 1l. 12s.; and 5 1/2 cwt. Of currants, value 14l.; the goods of William Ryde and others.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
others. On the 12th of September I assisted in loading their cart—I saw one puncheon of treacle, a quantity of sugar, rice, and the other things stated, placed in the cart, about a quarter-past six o'clock—John Williams was the driver—he started about half-past six—he came back in a short time and made a communication to me—I ordered him to go back and look after the cart and horse—he had received all the orders that were necessary from me, and I had not sent any body after him—between eleven and twelve the same night the cart was brought back—it then contained only a puncheon of treacle and one loaf of sugar—the property that was lost is worth upwards of 60l.
JOHN WILLIAMS . I am carman to Ryde and Co. On the evening of the 12th of September, I went with the horse and cart and the goods—I had to go to several wharfs—on my way to the wharfs the prisoner came up to me in Cannon-street, and said I was to go back to the warehouse, Mr. Wignell wanted me, something about the bills was not right—he was to take care of the cart while I went back, and I was not to be gone many minutes—I drew up on one side of the road, and left the prisoner with the cart—I went back to my roasters', and saw Mr. Wignell—I told him what the prisoner had told me—I found it was all untrue—I went back with Mr. Wignell to Cannon-street—the horse, cart, and goods were gone—I did not hear any more of them till between eleven and twelve o'clock that night—some time after a communication was made to me by Goodwin—I went to the New Prison, Clerk en well, and I saw the prisoner among about fifty others—I immediately pointed him out—I am sure he is the man—it was twenty-five minutes to seven when I turned into Cannon-street.
Cross-examined by MR. PAYNE. Q. Had you ever seen the prisoner before you left the cart with him? A. Not to my knowledge—I looked at him very hard as he came up to me—I went back directly as fast as I could run—I was not gone five minutes—I had never seen the prisoner from the time I saw him in the street till he was in the prison.
JOHN MARSHALL (police-constable N 300.) On the night of the 12th of September, a horse and cart were given into my charge at the toll-gate, Caledonian-road, Islington—it contained a cask of treacle and a loaf of sugar—from information, I took it to Ryde and Co., in Upper Thames-street.
RICHARD GOODWIN (police-constable N 217.) I took the prisoner into custody on Wednesday, the 12th of October, on another charge—I fetched Williams—he was taken to the New Prison to see the persons there—he pointed out the prisoner immediately, from about fifty or sixty othere in the yard.
JURY to JOHN WILLIAMS. Q. Was the prisoner dressed as he is now, when he took your horse and cart? A. No—he had got an old fustian jacket on—when I saw him at the prison, he was dressed as he is now all but the coat.
GUILTY of stealing the contents of the cart.— Transported for Seven Years.
2931. The said WILLIAM LONE and GEORGE HAWKINS were indicted for stealing, on the 1st of October, 1 gelding, price 30l.; 1 cart, value 30l.; 1 set of harness, value 1l.; 9cwt. Of soap, value 20l.; 672lbs. weight of candles, value 15l.; and seven boxes, value 1l. 15s.; the goods of Ford Hale and another.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
GEORGE GILBEY . I am in the service of Messrs. Ford Hale and William Hale, tallow-chandlers, in Cannon-street, City. On the evening of Saturday, the 1st of October, I put two chests of soap into the cart, belonging to my masters—they weighed about 500lbs. each—and 5 boxes of candles, weighing about 6cwt—Isaac Properjohn took charge of them, and drove them away—they were worth from 35l. to 36l.—I did not see the cart again till Monday morning—there were eight boxes in the cart, to be left at Chamberlain's Wharf.
Cross-examined by MR. CHARNOCK. Q. What time was this? A. From half-past five to twenty minutes to six o'clock in the evening.
ISAAC PROPERJOHN . I am in the employ of Ford and William Hale. On the 1st of October I took charge of their cart, about twenty minutes to six o'clock—there was some soap and candles and eight boxes, which were to be left at Chamberlain's wharf—after they were loaded, I took the horse and cart to Chamberlain's Wharf, Tooley-street—I there delivered the eight boxes—I went to the counting-house to pay the wharfage—I left the horse and cart and the goods in one side of the yard—the goods were not to be delivered there—I was away about five minutes—when I came out I missed the cart and horse, and goods—I looked after them unsuccessfully—I saw the horse and cart again on the Sunday morning—the horse was in a very bad state, it had been driven very fast.
Cross'-examined by MR. CHARNOCK? Q. What time did you leave the cart? A. About a quarter to six o'clock—I was only in about five minutes—Tooley-street is a public thoroughfare.
RICHARD GOODWIN (police-constable N 217.) I was on duty in Hoxton-town on Saturday night, the 1st of October. About a quarter before nine o'clock I saw the horse and cart near the Whitmore's Head, Hoxton, Lone was driving it very fast—Hawkins was with him—they got out at the Whitmore's Head—I was within two yards of them, and there was plenty of light for me to notice them—a child passed under the breast of the horse as they pulled up—that attracted my attention to them—I told them to beware of the child—I lost sight of them—I could not see whether they went into the public-house or not—the next morning I received information of the loss of the horse and cart—in consequence of which I described the person of the two prisoners—on the 12th of October I went to Radnor-street, St. Luke's, and there I saw Lone—I recognised him as the person who I had seen before—I took him into custody—I told him it was for having a horse and cart belonging to Messrs. Ford Hale and son—he said, "It is a bad job; allow me to go to my wife"—I did so—I asked him if he knew a young person of the name of Hawkins—he said, "No, I do not; I knew a person of the name of Hawkins, but he was a very elderly man"—I cautioned him—he said, "It is a bad job, I know nothing about it"—I took him to the station, and ascertained the residence of Hawkins—I then went to Orchard-street, St. Luke's, and there saw Hawkins—I recognized him as the other man I had seen with the cart—his wife was there, she began crying; he said, "Never mind, it is a bad job, I can't help it; he has come for me, and I must go"—I asked him if he knew a person named William Lone—he said, "Yes, I nave known him five or six years"—I then told him that what he might say would be used against him—he then said, "I know nothing about it"—I am confident the prisoners are the two men I saw with the cart—
Hawkins's dress is the same, but Lone's is different—the difference in the dress does not create any doubt in my mind—I have never seen the horse and cart in the prosecutor's possession.
Cross-examined by MR. PAYNE. Q. Did you look at the name on the cart? A. No, I did not, it was on the opposite side of the cart to me it was a very heavy horse, and a cart, very high at the sides—it came opposite to me—I was walking on—they drove the horse up the same direction in which I was going—there was nothing in the cart that I saw—I did not see the interior of the cart—I heard about the cart being found at six o'clock on Sunday morning, at the station, and immediately gave information.
Cross-examined by MR. CHARNOCK. Q. How long did you see this cart on the night in question? A. Not more than two or three minutes—it was passing very rapidly—I had not seen the cart or the prisoners before—there is 20l. reward for the discovery of this, 10l. on conviction, and 10l. on the recovery of the property—I expect to get lot if the prisoners are convicted—I did not see either of the prisoners again until twelve days after—I have been a policeman about eight months—I see a great many persons every day, and a great many carts, but very few of this description—it was a black horse—I swear that—I could see it from the lights in the shops—Lone was dressed in the same way as when I saw him—it might not be the same coat, but it was one of the same description—I asked Lone if he knew a young man of the name of Hawkins, and he said, he knew an old man, and I asked Hawkins if he knew Lone—he said he did, and then I told him to say no more—I did not ask them in order to criminate them—I asked for my own information.
Cross-examined by MR. CHARNOCK. Q. What partners have you? A. Only my son.
MR. PAYNE called
WIILIAM BRAY . I am road foreman to Mr. Blay the surveyor—I live in the City-road. On Saturday, the 1st of October, I was in company with Lone, about four o'clock in the afternoon—he came up the yard where we keep our tools, in the City-road, just over the bridge—he came after a job—he was there till seven o'clock—after that he went in the Macclesfield Arms, nearly adjoining the yard—he remained there till nine o'clock—he was with me from four till nine—he could not have been in the City at half-past six—I am certain he could not.
MR. BALLANTINE. Q. Have you known Lone any time? A. I have seen him before—he came after work several times—I had only known him for a week or a fortnight before that day—I remember him that day particularly, because I had four boat loads of stones come to the wharf that day—they came about nine o'clock in the morning—I know they came, because the boatman came after me, and wanted me to send some men—I know it was that Saturday because it was the day we pay the men in the yard—I paid them about seven o'clock—Lone was not employed on that day—I was looking after the men
that day—I paid eight men—Lone was waiting in the yard at the time to have an answer whether he should go to unempty the boats—the men had an opportunity of seeing him there—we pay the men every Saturday and about the same time—I never knew Hawkins before—there is another witness here, named Weller—he had not worked in my master's employ, but he happened to come after a situation at the same time—he wanted a foreman's place—I do not know who came to me about this affair, I believe it was Lone's brother—I was talking with Lone just before I paid the men—I told him I could not give him an answer till I had seen my master—I saw my master about seven o'clock that night—he did not agree to employ Lone—upon my oath I mentioned Lone's name to my master on that Saturday night, October 1.
MR. PAYNE. Q. How long have you been road foreman? A. About six months—I am sure Lone came that Saturday night.
SAMUEL WELLER . I am a labourer, living in Commercial-place, City-road. On Saturday, the 1st of October, I was in Mr. Blay's yard—I was there the greater part of the day—the foreman is a friend of mine—I saw Lone there between three and four o'clock in the afternoon, and I saw him at the Macclesfield Arms between seven and eight at night.
MR. BALLANTINE. Q. Had you known Lone? A. Yes, for three or four years—his ordinary business is a carman and porter—I went to the premises to see Bray—I had no business with him—I have seen Hawkins before, at different places where he was at work—I have never seen him with Lone—I am not on speaking terms with Hawkins—I have passed the time of day with him as we were going to work—my business occasionally takes me in the same direction as Hawkins—We do not Work for the same master—I have no master—it is six weeks since I have been in any employ—Mr. Thatcher, in London-wall, was my last master—the men at Mr. Blay's were not paid that night while I was at the wharf—I left between seven and eight—I left before they were paid—I believe the men are not paid exactly at one time—I did not lose sight of Lone at all.
LONE— GUILTY .— Transported for Seven Years more.
HAWKINS— GUILTY . (See page 1284.)
NEW COURT.—Saturday, October 29th, 1842.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 39.— Confined Six Months.
GUILTY . Aged 11.— Confined Ten Days, and Whipped;
2934. WILLIAM EDWARDS was indicted for stealing, on the 6th of September, 2 rings, value 9l. 10s.; 2 breast-pins and chain, value 3l. 10s.; I other breast-pin, value 1l.; 1 watch-guard, value 1l.; 1 watch-key; value 2s.; 1 purse, value 3s. 6d.; 1 knife, value 5s.; and one watch-case, value 2s. 6d.; the goods of Frederick Daniel Basire, in the dwelling. house of Thomas Grace Phillips:—also, on the 6th of October, 1 case of surgical instruments, value 3l. 7s. 6d., the goods of William Burrows—also, on the 6th of October, 5 spoons, value 2l. 10s., the goods of George Wilson Pretty; to all which he pleaded
GUILTY .— Transported for Ten Years.
GUILTY .— Confined Three Months.
GUILTY . Aged 30.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
BENJAMIN HODSON . I am a porter in the service of the Blackwall Railway Company. About two o'clock on Saturday afternoon, the 6th of August, the prisoner and another came there—the other delivered me this order—I compared the marks on it with the marks on the dock notes, and the goods—finding it corresponded, I delivered the goods, consisting of a tierce of coffee, to the prisoner and the other man—they had a truck, and took away the coffee on the truck—on the following Monday a gentleman from Tunley and Hodson, the canal-carriers, applied for the same goods—the foreman presented him the order I had received on Saturday, the 6th of August, and it turned out to be a forged one—last Tuesday week Goodwin called—I accompanied him to the police-court, Worship-street—I was shown one of the cells, with five persons in it, and among them was the prisoner—I selected him from among the five—I have not the least doubt that he is one of the men that came for the goods.
Cross-examined by MR. CHARNOCK. Q. How long have you been at the Railway? A. Two years—I recollect every person that comes—about forty persons come in the course of the day—the prisoner was there from five to seven minutes—I was a constable on the Birmingham Railway before I went to the Blackwall—I left because my brother officer threw my switchers into the water, and was discharged—they were found afterwards.
ALBERT FINCHAM . I am clerk to Fincham and Matson, Martin's-lane, Cannon-street. This order is not in the handwriting of any of our firm—it has not been issued by any one in our firm—the dock warrant for this coffee had been originally in our hands—we had handed it over to Tunley and Co. To get the coffee—I do not know Elston—no authority was give to him to write this order.
Cross-examined. Q. How many persons are in the firm? a. Three, Fincham, Matson, and Pott—two of the partners attend there every day—Mrs. Fincham, my mother, is one—I have seen the other two partners write.
GEORGE BARBER . I am servant to Messrs. Tunley. I received a dock warrant for the delivery of a tierce of coffee from Fincham—I went for it, and it was gone—I do not know the prisoner, nor Elston—I had not authorised either of them to write or utter this order.
RICHARD GOODWIN (police-constable N 217.) On Tuesday, the 12th of October, I took the prisoner on another charge—I took Hodson to Worship-street—he was shown one of the cells, and selected the prisoner from the five who were in it.
Cross-examined. Q. He fixed on any one he liked? A. Yes—I am not to have 10l. for this job.
(Order read)—"To the superintendents of the Blackwall Railway. Please to deliver to the bearer 1 cask of coffee X Marlboro T. F. J. No. 28 6 3 10 Lot 37. 6th August, 1842, Fincham, Matson, & Co."
GUILTY ., "— Transported for Fifteen Years.—(See page 1280)
Second Jury, before Mr. Common Sergeant.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
BENJAMIN HODSON . I am a porter in the service of the London and Blackwall Railway Company. Between one and two o'clock on the 6th of August Hawkins came to me in company with another man, and the other man, who is not in custody, produced this order to me—I compared it with some documents in possession of the Railway Company, and then I delivered to those parties a cask of coffee—they took it away with them—on the Monday following application was made for that cask of coffee.
ROBERT CORK . I am a town-carrier, living at St. Dunstan's-hill, City. I have known the prisoner about four years—during that time I have seen him write, and seen his handwriting—I am well acquainted with his handwriting—I believe this order to be in his handwriting, both the body and the signature of it—I have seen enough of his writing, and have no doubt it is his.
Cross-examined by MR. PRENDERGAST. Q. Did not he come to you and charge you with saying that something was his handwriting, and it was not, before he was apprehended? A. Not to ask any questions about this—he came before he was apprehended—I did not know where he was to be found—he owes me something—there is an outstanding account—I have never troubled him about it—it has been three years standing—I was not in a very good humour about not having it—I have told him some twenty times that I ought to have it—it would have made no difference in the present case whether I had it or had not—I did not tell him any thing about a cask of coffee.
MR. BALLANTINE. Q. How much does he owe you? A. It may be some 6l. or 7l.—he has told me he had no money, and so on.
are tea and coffee dealers. A dock warrant, similar to this order, was handed by us to Messrs. Tunley—we have never given orders to the prisoner to write any orders for our firm—I never saw him that I know of.
GEORGE BARBER . I am in the service of Messrs. Tunley. I went to the Blackwall Railway to get a cask of coffee, and it was gone—it has not been delivered to us—I never gave an order to any one to deliver it—I never saw the prisoner till to-day.
GUILTY . Aged 32.— Transported for Fifteen Years.
Fifth Jury, before Mr. Common Sergeant.
WILLIAM BEECHER . I am shopman to Robert Raggett, a poulterer, in Upper King-street, Bloomsbury. On the 6th of October, about a quarter before ten o'clock in the morning, a young man came and told me I had lost a fowl—I counted, and one was missing—I went with him and found the prisoner in King-street, looking into a shop, with the fowl under his arm.
Prisoner. I was going on an errand, a boy gave me the fowl to hold till he came back. Witness. He did not say how he came by it—he said he did not take it, and he knew nothing about it—it was wrapped in a handkerchief.
(The prisoner received a good character.)
GUILTY .* Aged 12.— Confined Three Months, the last week solitary.
HENRY LANG . I am shopman to Mr. Joseph Johnson, of Long Acre. On the 7th of October we had three pairs of shoes in the shop—I saw them safe at four o'clock in the afternoon—they were missed soon afterwards—these now produced are them.
Prisoner. I was going along, and the witness asked how I came by the shoes; I said I picked them up against a public-house, in brown paper; he asked me if I would give him part of them, if not, he would give me in charge; I would not; he crossed over and gave information; the name of the witness is not Jones, it is Jago; he lives in Little Charles-street, Drury-lane, and has been convicted.
GUILTY . Aged 17.— Transported for Seven Years.
Palmer. It is false, they are mine. Witness. I know them to be mine, by putting them out in the morning and taking them in at night—I saw them safe about twelve o'clock that day—a witness ran across the street, I went out, missed them, and ran after the persons.
DANIEL ROBERTSON . I am a printer, and live at Folham-bridge. I was near the Middlesex Hospital on the 12th of October, and saw the prisoners passing Mr. Collins's shop—Palmer took something up, put it under his coat, he walked a short distance, and then ran—I spoke to Mr. Collins, and ran after them—Smith got up with Palmer—they looked about—Palmer pulled the article outt and showed it to Smith, then put it into his coat, and seemed to say, "I have done it very quick"—I followed them to High-street, Marylebone, but, previous to getting there, Palmer went to a shop where they sell things, and took up a plane, which he put down again—I followed them—I found an officer, who took them.
Palmer's Defence. I bought them of a tailor—he said, as I was out of work I had better sell them, but I could not.
Smith's Defence. I know nothing about stealing them.
PALMER— GUILTY . Aged 18.
SMITH— GUILTY . Aged 20.
Confined Four Months.
2942. ELIZA POWLES was indicted for stealing, on the 9th of October, I watch, value 16s.; 1 watch-key, value 3s.; and 1 watch-chain, value 1s.; the goods of John Tilley: and SARAH SMITH , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JOHN TILLEY . I live in Weymouth-mews. On the night of the 9th of October I met the prisoner Powles, and took her to my own house to sleep with me—we had not been in doors five minutes before Smith came and wished to speak to her—I let her in, and they both went away togetber—I then missed my watch, and went after them—I could not see them, but I saw an officer, and told him, and be took them afterwards—this is my watch—Smith went into the room where it was, but I am able to say that she did not go far enough into the room to take it.
Powles. Q. How can you accuse me of taking the watch, when you know you took both of us home? A. It is false—I only took Powles nome.
WILLIAM SMITH (police-constable E 151.) I saw the prisoners coming out of Foley-street together, and said they must consider themselves my prisonere for stealing a watch—when we had got a few paces, Smith said to powles, "Here, take it, you know you filched it"—it was this watch.
Powles's Defence. We met the prosecutor, both went home with him,
and staid some time; he gave me his watch, and said he would give us 5s. for it the next evening.
(Powles received a good character.)
POWLES— GUILTY . Aged 17.— Confined Three Months.
SMITH— NOT GUILTY .
MARY ANN WATSON . I am the wife of George Watson, of Portugal-street, Lincoln's-inn Fields. On the 7th of October, after six o'clock in the evening, I saw the prisoner, or some person very much like him, come into the shop and take the copying-machine now produced away.
GUILTY . Aged 20.— Transported for Seven Years.
2944. EMMA SHELL was indicted for stealing, on the 4th of October, 1 coat, value 10s.; and 1 handkerchief, value 1s.; the goods of Robert Young: 1 bottle, value 3d.; 1 quart of wine, value 3s.; I blanket, Value 2s.; 1 table-cloth, value 3s.; 1 towel, value 1s.; 1 salt-cellar, value 5s.; and 1 glass tumbler, value 5s.; the goods of Joseph Charles Dawson.
THOMAS HAMPTON (police-constable C 169.) On the morning of the 4th of October, at ten minutes before six o'clock, I saw the prisoner come out of the door of No. 168, Regent-street—I asked what she was going to do with the coat which she had on her arm—it was wrapped up in a bundle, and in it was a bottle of wine, some bread and meat, and a silk handkerchief—I took her to the station, and these other things were found on her, also a latch-key, which I found would open the prosecutor's door, and enabled me to go into the house—I went there, and found the butler drunk in the kitchen.
Cross-examined by MR. PAYNE. Q. Did not the prisoner appear to have been drinking a good deal? A. Yes—that house is on my beat—I do not know what has become of Mr. Dawson—he has left—I believe there has been a distress put in.
ROBERT YOUNG . I was butler to Mr. Joseph Charles Dawson at this house in Regent-street; it was not his house, we were in furnished lodgings. I had been out the previous evening, and got a good deal too much to drink—this coat is mine, and these other things are my master's—I never clapped eyes on the prisoner before.
Cross-examined. Q. Where did she get the latch-key? A. I should fancy, when she got my coat, she took it out of my pocket—I really cannot say at what time I went home—I suppose I got in by my key; that was the only way I had of opening the door—if I had let her in, and given her these things, I must have had some recollection of it, and I never saw her, to my knowledge.
to go into a fit, but my opinion is it was only a pretence—directly she fell down this blanket became entagled with her legs—it was tied round her with an old apron—these other things were found in her pocket, in my presence—she was drunk.
MR. PAYNE called
JOHN FAIR . I am a watchman to the Metropolitan Wood-paving Company. I was on duty right opposite Mr. Dawson's, in Regent-street—I saw the butler and the prisoner go into the house together—he was drunk—she got in first with a latch-key, and then he got in—Mr. Dawson was there five weeks, but he is now gone.
NOT GUILTY .
FREDERICK MARTIN . I am in the service of John Matthews and another. On the 12th of October, between eleven and twelve o'clock in the forenoon, we had seventy-eight yards of plain cotton gingham—this now produced is it—it is my master's—I saw the three prisoners together at our window, and received information that three girls were seen running—I went and overtook them—they ran down a court, and when they came out of the court again we took them—they had nothing then.
CLARA'EATON. I was going down Liverpool-street, St. Pancras—I law Hewett coming up the street—she turned short back, and went towards another street—I then saw Webb with this property on her shoulder, and her apron thrown over it—she threw it away—I picked it up—I did not see Johnson.
ELIZA SMITH . I saw the prisoners close together at the prosecutor's shop door—I saw Hewett take the goods—she threw her apron over it—they all went straight up Liverpool-street, and turned to the right—I told of it.
WEBB— GUILTY . Aged 14.
HEWETT— GUILTY . Aged 16.
JOHNSON*— GUILTY . Aged 17.
JOHN HARRIS . I am a chemist, and live in Beech-street. About one o'clock, on the 2nd of October, I was standing at my door—I saw the prisoner following a gentleman—he had the tail of his coat in one hand, and took his handkerchief out with the other—I seized him, and called to the gentleman, but he did not hear me—he went away—I do not know who he was—the prisoner said, "For God's sake, let me go, I will never do it again."
SAMUEL COOMBS (City police-constable, No. 36.) I saw the prisoner struggling with Mr. Harris—I went to his assistance—he said the prisoner had stolen a silk handkerchief—I took him to the station—I have never been able to find the gentleman.
Prisoner. I did it through distress; I have no father or anybody to help me.
GUILTY . Aged 19.— Transported for Ten Years.
EUGENE DESPRES . I am servant to Mr. Basil Rout, of Oxford-street. I went home on the 11th of October, at a quarter before one o'clock—somebody gave me information—I went up St. James's-street, and saw the prisoner with this piece of plaid cloth under his arm—here is the private mark on it—it had been hanging in the door-way.
GUILTY . Aged 18.— Confined Three Months.
DANIEL POYSER . I live at Ponder's End. I am building some houses in Farmer-street, Shadwell—the wood there is mine—this wood which is produced is very much like it, but I could not swear it is mine, became I did not see it brought off the premises.
Cross-examined by MR. BALLANTINE. Q. If you had seen it taken from the premises you would have known it? A. Yes.
WILLIAM KEELEY (police-constable K175.) I followed the prisoner into the coffee-shop—he had this wood—I asked what he was going to do with it—he said they were his own chips, and he was going to sell them—I said he must go to the station—he said, if I would let him go, he would never do anything of the kind again.
NOT GUILTY ,
2949. GEORGE BAYS was indicted for feloniously receiving, on the 24th of August, 2 carpets, value 25l. 10s., the goods of Charles Alderton. 2nd COUNT, stating them to be the goods of William Viscount Melbourne.
CHARLES ALDERTON . I live in Little Chesterfield-street, Marylebone, and have a stable in Cross-keys mews. On the 24th of August I had three carpets of Lord Melbourne's to beat—I brought them home, and placed them in my coach-house, at half-past nine o'clock at night, and next morning they were gone—there were three men tried last sessions for stealing them, and two were convicted.
the two-pair front room, which is Mrs. Robertson's—Mrs. Hill, the lodger, answered her—I could not understand what he said to her, but she said, "I am not allowed to take any thing in, nor let any thing out, unless Mr. Robertson is present"—the prisoner then turned down stairs—in about two minutes he came up again, knocked at the door, and said, "Mary, if you don't take it in I shall be transported; no harm will come to you if you take it in, they will only search my place; if you do, I will make you a handsome present"—Hill and another lodger went down stairs—I heard a great noise—I looked out, and saw them dragging carpets out of the prisoner's first-floor front room, up to Robertson's back room, and Hill looked thodoor.
Cross-examined by MR. CLARKSON. Q. Are you married? A. No—I shall be thirty years old next July—I have no father or mother—I live with William King—I am not married to him—he is no relation of mine—he is not here—I have been in trouble several times, but only for taking a glass of drink—I have never been in any prison but in Tothill-fields—I believe I have been three times—it is above twelve months since I was there last—I have never been at any police-office but Marlborough-street—I was sent to Tothill-fields the last time, as I had had a glass of drink, and the policeman spoke to me—I was rather cross to him—I was not drunk, I was half and half; and the time before was for being tipsy, and not capable of taking care of myself—I have been unfortunate for the last ten or twelve years.
COURT. Q. Have you ever been in prison under charge of stealing, or of robbery in any way? A. No, nothiog but for taking a glass of spirits.
CHARLES PIGEON re-examined. On the night of the 24th of August Wilkinson and Laycock brought me a carpet, and told me to drive to Oxford-buildings with it, which I did—they took it out of the cab to Oxford-buildings.
ELIZABETH SIMMONDS . I live in Oxford-buildings. On that night I opened my door, and saw the prisoner assist with the carpet up stairs—he was the last person on the stairs—I looked at him, and he looked at me, and I immediately shut my door.
Cross-examined. Q. Are you sober? A. Yes—I have a large family to look to, and I am in danger of my life now—I had tea for my breakfast this morning—I had a drop of beer with my lunch—I have been in more public-houses than one—I cannot tell how many.
THOMAS HARRISON (police-sergeant D 14.) I went about nine o'clock that morning to No. 20, Oxford-buildings, the lower part of the house is a marine store shop, kept by the prisoner—I saw him there, and asked him if he knew any thing about any carpet—he said, "No, I do not"—I said, "There have been two stolen, and I am told they are come into the buildings"—he said, "I know nothing about it"—I went away, and went again about one o'clock—I said, I was satisfied they had come, and I should search the place—I searched the bottom part, and found nothing—I then said, "Have you any rooms up stairs?"—he said, "Yes, the first floor"—I went there, and then said, "Have you no rooms up higher?"—he said there was a room which belonged to two men, who were gone hopping—I said, "How shall we get in there?"—he said he could get in by the window—I sent an officer with him, and he got in—I found nothing there—I then went to the second floor back room, and found the carpets—I sent an officer down for the prisoner, and he was gone—I have been looking for
him ever since, till the 22nd of this month, when I took him in his own shop—I found the carpets in Hill's room, as King has described.
Cross-examined. Q. Where was it you took up the parties? A. At Cross Keys Mews, which is about two miles from Whetston-park—Wilkinson and Laycock were with the carpets—when I got to Oxford-buildings I saw nothing of the prisoner.
GUILTY . Aged 32.— Transported for Seven Years.
GUILTY.* Aged 22.—Recommended to mercy. — Confined Nine Months.
ROBERT NICHOLLS (police-constable G142.) About a quarter before six o'clock on the morning of the 19th of October I was on duty in Goswell-street—I missed this pipe—I found the prisoner in the coal-cellar, and the pipe by the side of him—he had no business there—he had a box of lucifers and a candle.
GUILTY . Aged 17.— Confined Four Months.
ROBERT BANFIELD . I am a servant, living at Norwood, in Surrey. On the 7th of October I was in Holborn looking at some birds—I felt something at my pocket and missed my handkerchief—I turned and saw the prisoner close to my side, with it in his pocket—I asked him for it—he denied having it—I said I could see it in his pocket—he then ran away—I pursued, and caught him—he gave it to me—this is it.
Prisoner's Defence. I saw the handkerchief down by my feet; I picked it up, and put it into my pocket; when the prosecutor asked me if I had got it, I said yes, and asked if it was his.
GUILTY .** Aged 26.— Transported for Ten Years.
WILLIAM MACE . I live in Whitechapel. On the 3rd of October I was in a gig, at Dalston, and left in it a parasol and a shawl—some perwn gave me information—I came and missed them—I told some one to go after them—they were soon brought back—those produced are mine.
FREDERICK SOMERFEILD . I law this gig standing at a gentleman's door—I saw three men going by—one of them took this shawl and parasol—the prisoner was one of them—I went and told—the prisoner was stopped, and the property found on him.
Prisoner's Defence. I saw three lads running, one of them threw these things away; I was going to take them to the station over the way; the policeman asked me what I had got; I said a bundle, I did not know what was in it.
GUILTY. Aged 18.—Recommended to mercy by the Jury — Confined Three Months.
2954. MARY ANN HAYWOOD and SARAH SAUNDERS were indicted for stealing, on the 4th of October, 1 watch, value 3l.; 1 watch-key, value 3d.; and 1 watch-ribbon, value 2d.; the goods of Thomas Lang; to which
SAUNDERS pleaded GUILTY . Aged 17.— Confined Six Months.
THOMAS LANG . I am a seaman, lodging at the Sailors'-home, in Well-street. On the 4th of October I went with Haywood to Gravel-lane—I took my watch out, and laid it on the table—I seat Saunders for drink, she returned, and my watch was shown to her by Haywood—Saunders went oat of the room as I was going to bed with Haywood—the last I saw of my watch was in Saunders's hands—when I awoke, I asked Haywood what had become of it, after they had it the night before—she said the did not know, unless the other one took it.
HAYWOOD— NOT GUILTY .
2955. ELIZABETH GILL was indicted for stealing, on the 17th of October, 2 knives, value 6d.; 4 forks, value 6d.; 3 spoons, value 3d.; and 2 pairs of scissors, value 6d.; the goods of Charlotte Brotherhood: and 2 aprons, value 1s.; and 1 printed book, value 6d.; the goods of Harriett Brotherhood.
CHARLOTTE BROTHERHOOD . I keep a lodging-house at Hounslow—the prisoner lodged there—I gave her notice to quitr—I went into her room, and missed these things after she was gone—I sent for a constable—two knives and the other things were found in her box—these are mine—she is the wife of a soldier in the barracks.
Prisoner. They were lent to me, I did not take them.
NOT GUILTY .
WILLIAM DAWSON . I am groom to Peter Smith, of North-bank. On the 7th of October I put a coat into the housekeeper's room—I saw it safe at ten o'clock in the morning, it was missed in the evening—this is it—it is my master's.
CHARLES ANDERSON . I was on the coach-rank—the prisoner came and asked me what I charged to go to Westminster Abbey—I said half-a-crown—I took him in—he had this coat on—I went on a little further—I could see no policeman—I turned round in a short time, and the coat was off him—I then stopped, and said I did not like my job, I would not take him—he opened the door and jumped out—I got off and took him.
Prisoner's Defence. I met a young man with a bundle and this coat; he said, "If you will take this to Westminster Abbey I will give you 1s." I did not intend to thieve the coat, I had not a farthing.
GUILTY . Aged 17.— Transported for Seven Years.
2957. EDWARD SMITH was indicted for stealing, on the 24th of September, 6 1/2 oz. weight of tobacco, value 1s. 6d., the goods of Sarah Riddle; and that he had been before convicted of felony: and JAMES GOLDSTON , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
SARAH RIDDLE . I am single, and keep a shop in Margtret-street, Limehouse-fields—Smith came there, on the 24th of September, for some tobacco—while I was turning about for a match, he took half-a-pouud of tobacco out of a jar, and ran off—I am quite sure he is the man.
PHILIP PRATT . From what I heard I went into a public-house—I saw the two prisoners there—I said to Smith, "I want the tobacco which you have taken from Mrs. Riddle's, opposite"—I cannot say whether Goldston was near enough to hear this—I saw Smith put the tobacco out of his own hat into Goldston's—I then went to Goldston, took the tobacco out of the hat, and called for a policeman.
Smith's Defence. We were both tipsy.
SMITH— GUILTY . Aged 33.— Transported for Seven Years.
GOLDSTON— NOT GUILTY .
2958. WILLIAM HARPER EVERALL was indicted for stealing, on the 8th of October, 2 sheets, value 3s. 6d.; 3 table-cloths, value 2s. 6d.; 4 shifts, value 4s.; 2 petticoats, value 2s.; 1 apron, value 1s. 6d.; and 1 handkerchief, value 4d.; the goods of Sarah Baker.
JOSEPH BAKER . I live in Parson's-green, Fulham. On the 8th of October I saw the prisoner coming, about 100 yards from Mrs. Baker's, with a large bundle, tied in this blue handkerchief, which was produced by the pawnbroker.
GUILTY. Aged 23.—Recommended to mercy. — Confined Three Months.
GUILTY.* Aged 19.—Recommended to mercy. — Confined Six Months.
FREDERICK LEMON LYON . I live in Albemarle-street, St. Luke's; the prisoner was my servant. On the 10th of October I left him in the warehouse, and returned in a short time, and found some goods out of their place—I desired him to be stopped, as he was going out—he came back, and threw down his bag—thirty-six pairs of straps were found in it—these are them.
Prisoner's Defence. The prosecutor told me to go with some goods into the City; I have no knowledge of the straps.
GUILTY . Aged 17.— Confined Three Months.
2961. WILLIAM BUCKLAND was indicted for stealing, on the 11th of October, 2 brooches, value 10s.; 1 ring, value 5s.; 6 spoons, value 1l. 5s.; and 2 sovereigns, the goods of Robert Alexander: and FREDERICK BUCKLAND and ANN GODWIN for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.: and that Frederick Buckland and Ann Godwin had been before convicted of felony; to which
WILLIAM BUCKLAND pleaded GUILTY .† Aged 16.— Transported for Seven Years.
ELIZABETH ALEXANDER . I am the wife of Robert Alexander, and live at Merton, in Surrey—the Bucklands are my nephews—William bad left me two or three years—he came to my house to see me and I made him up a bed—the next morning he breakfasted and went away—I saw no more of him until he was at Worship-street—when he was gone I missed these
things—this brooch is mine—that is all that is found—it was in a small box in my bed-room—it was locked.
WILLIAM HORSENELL (police-constable G 172.) On Wednesday, the 11th of October, I went to Sadler's Wells Theatre, and found the three prisoners, and two girls in their company—I charged them with robbing a man at Merton—they said they did not know anything about it—I took them to the station, and saw William putting his hand into his pocket—I put my band in and asked what he had done with the ring—he said "Thrown it in the pit"—he said, "You don't know me, you will have to take me to Croydon, where the job was done"—I found on Godwin a gown and silk handkerchief—she said she had one of the brooches which William had given her, and she had given it away to Frederick—he denied baring it—I then went to their residence—I found a dress on Bailey.
ROBERT COLE . I found this gown on Bailey, she said it was given her by William, and he had given her a brooch, which was at No. 3, George-court, where she and Godwin lived—I took her there—she went to a cupboard and took from it this brooch, which she said William bad given her, and she had put it back there again, refusing to have anything to do with it.
CAROLINE BAILET . I live in West-street. On the morning of last Wednesday fortnight Frederick came in and then William came—they had some breakfast with Godwin—she had a room to herself—Frederick said to William, "Have you not got a lobb?"—William put his hand into his pocket and pulled out some silver, two brooches and a ring—he then gare Frederick 1s. 6d.—Godwin was in the room all the time—William went out for some gin—Frederick put 6d. down towards the gin—then William put down half a dozen silver spoons, and asked me to go out with him—I said, "No, I do not want you to go out"—she and Godwin then went to Petticoat-lane, and he sold these spoons—I do not know what for—before we went out Godwin had a brooch and gave me a brooch—I put it in the cupboard—when we came back he went out and bought these two dresses and four silk handkerchiefs—Godwin said she wanted a dress—he said, did I want one—I said, "No"—he said, "Yes, she wants one, you may as well have one"—he bought me a blue cotton, then he asked us all to the theatre—I paid for myself and the other woman, but Godwin had William's money.
Godwin. William gave me no money. Witness. He gave her 6s. and paid her rent that day.
Godwin's Defence. He did not give me any money; he paid my rent.
Frederick's Defence. I was not with him when he bought the gowns; he gave me 1s., and asked me to go to the play; Godwin gave me a handkerchief to put round my neck.
FREDERICK BUCKLAND— GUILTY . Aged 14.
ANN GODWIN— GUILTY . Aged 17.
Transported for Seven Years.
pay it me the same day—it has occasionally gone to the next day—if he received 11s. on the 19th of September from Jacob Valentine, he has not paid me—I asked him on the evening of the 26th if he had got any money—I did not particularly refer to Mr. Valentine.
Cross-examined by MR. PRENDERGAST. Q. Yon mentioned nothing about Mr. Valentine? A. No—I have an account in my book which if at home, of sending meat to Mr. Valentine on the 19th of September—I have a copy of it here—I sent him veal and beef, and then a knuckle of veal—the book might have been partly in my wife's handwriting and partly in my own—it is the book that satisfies me it was delivered to him—I was certain I sent the meat, but I did not know the date without the book—part of my satisfaction, as to the day I delivered it to him, is derived from the book, but not the whole, because I recollect cutting the meat—I referred to the book for the date aid copied this paper out of it for my own satisfaction—this enables me to take my oath that the prisoner had the meat—I perfectly recollect sending the meat—I saw it go out of the shop—I swear he has not paid the 11s.—Mr. Valentine paid him that day—I have two persons in my employ—they did not postpone accounting to me for money received for four or five days—I had no reason to believe that they had done so—I never recollect saying, "We can settle that afterwards"—I believe Shortland, one of my men, has not accounted lor three or four days—it has not happened with the prisoner previous to this—unfortunately he has never paid me—he has never accounted to me for money three or four days after he received it, to my knowledge—it has not happened with the third man—I supply meat to persons of the Jewish persuasion—I get the beasts killed for me—it is necessary to be delicate with the Jews—if two of them want a shoulder of mutton and we have got but one, we generally send something else—my men have not bought meat of other butchers and paid them for it, or received the money from the customer and paid me the profit, to my knowledge—there is always a superintendent in the shop—he is off duty at night—it is his duty to be in the shop all day long—when he is not there I never get a leg of mutton from another shop—I have no occasion—I sell legs, shoulders, and all other joints.
JACOB VALENTINE . I deal with Mr. Bellamy. I do not think I paid the prisoner 11s. on the 19th of September—I think it was a week afterwards—here is the bill—it has no date on it—it was paid a week after I received the meat, which was in the holiday time—I did not pay it in the holiday time—here is a mack to it for the receipt, such as he puts to all his bills.
Cross-examined. Q. It was a week after you received the meat? A. Yes, a more civil and more honourable young man than the prisoner never came to a customer's door—I objected strongly to go against him—when he found there was short weight, he was embarrassed for fear his master should lose my custom—part of this meat has been bought somewhere else—Mr. Bellamy told me he had found it out, he had bought it in Newport Market of another butcher—he pointed out a knuckle of veal, which he said was bought by the prisoner in Newport Market, to poison me in my religion.
JURY. Q. Were you ever applied to again for this bill by the prosecutor? A. No.
MR. BELLAMY re-examined. He ordered a knuckle of veal of the prisoner,
and he went to Newport Market and bought one, which was not wholesome to eat, it stunk.
COURT. Q. What was the day you sent this meat? A. A part of it on the 19th—the other was sent previously—Mr. Valentine said at Marlborough-street, that he paid it on the 19th, and he said he would say every thing he could to get the prisoner off.
Cross-examined. Q. And have you said you would do every thing to get him convicted? A. No.
Q. Did you not endeavour to get 11l. out of him? A. It was the proposition of the family—the prisoner robbed me of more than 11l. I asked him on the 26th, if he had got any money of mine—I was not in the habit of asking him that daily, at night—he did not say he had paid me—he said he had got none—he did not deny receiving the money of Mr. Valentine—he might not have paid me money, and I forgot to cross it out.
MR. PRENDERGAST called
HENRY SHORTLAND . I am still in the prosecutor's employment When I have gone out and received money, I have sometimes accounted for it that night, and sometimes next day—it has never in my case been postponed longer, to my recollection—I certainly have sometimes asked my master to settle with me at night, and he has said, "Let it be till to-morrow"—it has not been postponed beyond two or three days, to my recollection—I should not like to swear one way or other—the money we received has been settled at night—he gave us no particular orders—it was settled that day, or the following, after the next day's trade was over, in the evening part—if my master has said it has been postponed four or five days, it has not to my recollection—I have been sent out to buy joints for my master—he sometimes gave me the money, and I have sometimes paid it out of my pocket, and it has been settled when we have settled—I cannot prove that the prisoner has purchased meat of other persons—when master sends out to buy a joint of meat, we do our best endeavours to buy it as cheap as we can—if he sends us to a customer who wants a joint, we go and give the order, and sometimes master gets it, and sometimes we do.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy by the Jury. — Confined Two Months.
Sixth Jury, before Edward Bullock, Esq.
JANE MORGAN . I am a widow, and live in Maiden-lane, Covent Garden. The prisoner is a daughter of a lodger in the same house—she used to assist me in needle-work—I have had her frequently in my room. On Sunday, the 2nd of September, I lost a pair of earrings from my drawer, and a shift, which was rough dry—I had seen them safe the Sunday before—in consequence of information I went to Exeter-court, and saw the prisoner—I asked where my things were, and how she could be so cruel as to rob me—she said she would tell all if I would not transport her—Isaid that was not my wish—these earrings, brooches, and shift are mine.
Cross-examined by MR. PAYNE. Q. Did you ever ask her to make a declaration about the duplicates? A. I did not—my daughter and the prisoner used to go out together.
RICHARD SAYER . I am in the service of Mr. Sayer, a pawnbroker, in Drury-lane. On the 2nd of September, this brooch was pledged in the name of Ann Dorey—I have no recollection who by—there was a shift pledged on the 13th of September, in the name of Ann Dorey—I have no recollection of her.
WILLIAM WEST . I am a police-constable. I took the prisoner—I told her what for—she said she was very sorry for what she had done, and asked if I thought it would transport her—I said I could not say.
Cross-examined. Q. What had you said to her? A. I told her she must go with me on suspicion of robbing Mrs. Morgan.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy. — Confined Three Months.
MARTHA SMITH . I am the wife of William Smith—the prisoner was in our service about nine months—she left about five weeks ago—before the went I missed one yard of brown and one yard of black merino from my parlour—they belonged to Emily Tice, who was living at my house—about three weeks after, I saw the policeman take the brown merino from the prisoner—she was wearing it as an apron—she was wearing the black when she was in my service—they were both torn off from the pieces—I compared them together, and they are similar—this brown I know very well—the black has not been found.
Cross-examined by MR. PAYNE. Q. Why did you not lay hold of the black when you saw her wearing it? A. Because I did not know it—I saw her wearing it about a week before she left—I found her wearing this brown at her apartments—I knew where to find her—I swear to the brown merino by comparing it with the piece—very similar merino is to be found in the shops—I had had it about a month—the prisoner is lately married—she was living with her husband—I have had to pay her her wages since.
COURT. Q. Do you know what quantity of merino there was before any was missed? A. Yes; five yards, and four yards are left—there is about a yard in the apron.
EMILY TICE . I live in Harper-street. I had some merino cloth in custody of Mrs. Smith on the 8th of October—three weeks after the prisoner left I missed some merino and Orleans cloth—the Orleans cloth has nerer been found—this apron is similar to the piece of merino.
Cross-examined. Q. You never ventured to swear that it was yours? A. I said I did not wish to acknowledge it was mine.
NOT GUILTY .
LOUISA SKERMER . I am in the service of James Newton, who keeps a baby-linen warehouse in Upper-street, Islington. On the night of the 20th of October I was in the room behind the shop—I saw the prisoner leave the shop, and missed a child's frock, which had hung near the door—this is it—(looking at it)—Mrs. Newton ran out—the prisoner was brought back in three or four minutes.
SIDNEY HILL . I live in Chiswell-street. I was two doors from the prosecutor's shop—I saw the prisoner walking, and Mrs. Newton had hold of his arm—I went after him, and he dropped the frock between his legs—I seized him and took it up.
Prisoner's Defence. I know nothing of the robbery; I was merely running after the person who had taken the frock.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy. — Confined One Month.
2966. ELIZABETH PECK was indicted for stealing, on the 17th of October, 1 gown, value 3s.; 1 cloak, value 3s.; 1 apron, value 6d.; 1 handkerchief, value 1s.; and 9 shillings; the goods of Fanny Hobson, her mistress; and that she had been before convicted of felony; to which she pleaded
GUILTY . Aged 18.— Transported for Seven Years.
2967. ANN MORRIS was indicted for stealing, on the 22nd of August, 3 table-cloths, value 9s.; 3 towels, value 9d.; 1 pillow-case, value 6d.; and 1 shift, value 1s. 6d.; the goods of William Kensett; to which she pleaded
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 14.— Transported for Seven Years—Convict Ship.
MARY WELLS . I am assistant to Mr. Henry Cove, a linen-draper, at Tottenham. On the 24th of October I saw a young man, about the prisoner's size—I do not know whether the prisoner is like him or not—he came into Mr. Cove's shop and asked for a pennyworth of tape—there were six silk handkerchiefs on the counter, near to where he stood—I served him, and he left—he returned in two or three minutes, and asked for more tape, and wider than the other—he said some one had hurt his leg, and he wanted it for it—I served him, and he went out—I think I should know the two pieces of tape again which he had—I did not miss the handkerchiefs till the next morning, when I saw the prisoner in custody—these handkerchiefs produced are exactly like those I missed, and these are the pieces of tape I sold to the person—here are the pieces they came off.
WILLIAM SHANKS (police-constable N 27.) At half-past one o'clock in the morning of the 25th of October I was on duty at Stoke Newington—I saw the prisoner in High-street, and then I saw him cross the road to a companion—I met them again in Bowling Green-street—I stopped his companion, and the prisoner went on—I let his companion go, and went
after the prisoner, searched him, and found this cotton handkerchief in his breast-pocket—in taking him to the station I saw him drop some threads and these tapes, which I picked up—a short distance further this half-dozen silk handkerchiefs dropped from under his coat—I picked them up.
Prisoner's Defence. I bought the handkerchiefs, for 4s. 6d., of a man in Kingsland-road; in the scuffle with the officer they dropped from me.
GUILTY . Aged 18.— Transported for Seven Years.
2970. THOMAS ROBINSON was indicted for stealing, on the 20th of August, 2 sovereigns, the monies of Thomas Cherry.—2nd COUNT, stating them to be the monies of Ann Anderson; and that he had been before convicted of felony.
ANN ANDERSON . I am servant to Mr. Cherry. On the 20th of August he gave me two sovereigns to get change—I went out with them in my hand, and met the prisoner in Golden-lane—I have seen him before—he asked where I was going—I told him to get change for two soveregns for my master—I left him, and went up the lane—he met me again, and said, "Have you got change?"—I said, "No"—he said, "Give them to me, I will get change for them"—I gave them to him—he went into a public-house—I waited a little on one side of the door—he did not come out with the change—I then went inside the house, but I could not find him—he was gone—there was another door to the public-house, at the back—I went home, and told my master—I saw him again, and went in search of a policeman—when I returned the prisoner was gone—he was taken afterwards.
JAMES BRANNAN (police-sergeant G 20.) I took the prisoner at his lodging, in Gloucester-buildings, St. Luke's—I told him it was for stealing two sovereigns from a girl named Anderson—he said he knew no such girl—on the way to the station he said, "Why did you not take young Murray as well as me, he had part of the money?"—I said, "Who gave it him?"—he said, "I did."
Prisoner's Defence. I do not know the girl; I never saw her nor the sovereigns.
GUILTY . Aged 18.— Transported for Seven Years.
MR. BALLANTINE conducted the Prosecution.
WILLIAM DOCKWOOD . I live in Wheeler-street, Spitalfields, and am a porter to the Eastern Counties Railway Company, at the terminus at Shoreditch—the prisoner was a porter there. On the 20th of September the
train arrived a few minutes before six o'clock—after the passengers had left the carriages I saw the prisoner go into a second-class carriage—he came out on the other side, and ran across the line for about fifteen yard—he had no right to run that way at all—I saw him put an umbrella which he had in his hand into a first-class carriage—he had no right to do so—he then came back—I afterwards heard a gentleman come back, and inquire about an umbrella—the prisoner must have heard that, for he was a great deal nearer to him than I was—he did not say anything about finding one—the gentleman and I mentioned it to the directors.
Prisoner. I never heard a word about it. Witness. He must have heard it, and I believe he lighted the lamp for the constable to search for it—I went and asked him if he had found it—he said "No"—the constable searched in the second-class carriage, where it ought to have been.
THOMAS NEALE . I am a constable at the Eastern Counties Railway terminus, at Shoreditch. On the 20th of September I was on duty—the train arrived a little before six o'clock—a man came back, and I found that an umbrella had been left in the second-class carriage—the prisoner was lighting my lamp at the time to search the carriage, and must have heard the inquiry—I searched, and did not find it—Dock wood spoke to me—I then searched the first-class carriages, and found an umbrella—I took it to my inspector—I then took it back to the carriage, and went into another carriage—I had not been there two minutes before the prisoner came, and opened one of the carriages—he did not find the umbrella there—he then opened the next carriage, and took the umbrella from one body, and put it into the other body of the carriage—I then jumped out, and took him into custody—he directly said it was the first thing that ever he was guilty of, and he hoped I should say no more about it, on account of his wife and family—there is a general order, if any person finds any thing in a carriage, or on the platform, to take it to the office, and enter it in a book, in case the party calls for it—there are often things left.
FREDERICK HENRY WEST . I am superintendent of the police at the Eastern Counties Railway. The prisoner was brought to me on this charge—I said, "This is a very disagreeable situation in which yon have placed yourself"—he said, "It is the first time I ever did any thing of the sort, I hope you will forgive me."
Prisoner's Defence. I merely shifted the umbrella from one carriage to the other for better security, till there was an inquiry; I intended to acquaint the guard with the fact. It is my custom to look after the guards' great-coats, which were left behind. I had plenty of opportunity of taking it off the premises.
(The prisoner received a good character.)
GUILTY. Aged 46.—Recommended to mercy. — Confined Two Months.
RICHARD RIDER . I live in Kennington-place, Vauxhall. On the evening of the 19th of October I was in Tothill-street, Westminster, about a quarter before eight o'clock—I saw the prisoner take some blankets from a pile at Mr. Griffiths's door-way—he put them under his arm—I gave information—I am sure he is the person.
Prisoner. Q. What do you swear to me by? A. By your dress and countenance. I saw your face. You placed the blankets under your left
arm, and turned down Denton-street and up Jeffries-street; you were very violent when you were taken.
HENRY BLACKBURN . I live with James Griffith, a linen-draper, in Tothill-street. I received information from Mr. Rider—I Went after the prisoner, and saw him in about three minutes—my fellow shopman had then got the blankets on his arm, and the prisoner struck him—he was then about 300 yards from our shop—I came up and collared him—he struck and kicked me several times—with the assistance of another we got him down, and kept him till the officer came—I missed from our doorway a pair of blankets—these are them—they are worth 8s.
WILLIAM REES MORGAN . I live with Mr. Griffiths. I followed the prisoner in consequence of information—I saw him drop the blankets—I then apprehended him—he was agitated and confused, but in a few minutes, when he recovered, he gave me a blow which rendered me perfectly helpless—Blackburn came up, and he struck him—we succeeded in keeping him till the officer came—these are the blankets, I picked them up.
Prisoner. Q. Was I out of your sight at all? A. Yes, in coming from the shop—I saw you drop the blankets.
JOHN CUTCLIFFE . I am a policeman. Shortly before eight o'clock that evening the prisoner was given into my charge—he tried to injure every one that came near him—he tried to knock me down—he was so violent that it took four of us to carry him to the station.
GUILTY . Aged 23.— Transported for Seven Years.
JOHN ROPER . I keep the Three Kings public-house, North-end, Fulham. On the 8th of October, at half-past eleven o'clock at night, I saw the prisoner lying apparently asleep with his head on the tap-room table—I shut up my house that night—I am sure he was not remaining in the house then—next morning I got up, and found a square taken out of the tap-room window—I went into the yard, and found the hen-house over the coal-house broken open—I missed two hens and a rabbit—they were safe at half-past five the night before—I found the stable had been opened—I missed these boots out of the manger—they are mine.
CHARLES ASHBY . I live with my mother at North-end, Fulham. On the Thursday after these things were lost, I was going to Pimlico with some bricks—I got to Brompton-gate between five and six o'clock—I saw the prisoner there—he had a bundle—I asked him what it was—he said, a pair of boots he had brought from home—he said I should have them for half-a-crown—I said I did not particularly want them then—he said I should have them for 6d.—these are the boots, I am sure of that.
Prisoner's Defence. I had the boots given to me out of the public-house, by a man in a smock-frock.
GUILTY .* Aged 17.— Confined Six Months.
GEORGE JOHNSON TRANCE . I am a general salesman, and live in Ryder-street, Leicester-square. On the evening of the 17th of October I was called into my shop—I saw the prisoner there with a pair of boots in her hand, attempting to try them on—she said they were too small—I took two or three pairs out of the case on the counter to show her—sh ee said, "Never mind, I will send my husband, he will be the best judge"—I let her go—in consequence of what my lad said I sent him after her—these are my boots, and were in my shop.
JOSEPH WILLIAM BROOKES . I am in the prosecutor's employ. The prisoner came to our shop—I saw her looking at two pairs of boots which she took off a nail just inside the shop—she concealed one pair under her shawl, and went farther into the shop with the other pair in her hand—she afterwards went away—I followed, and overtook her in Leicester-square, and said, "You have stolen a pair of boots"—she said, "Oh, have I, my dear?" then hit me on the face, and threw them down—a man picked them up.
Prisoner. Q. Did I not say I had not been in his shop? A. Yes.
Prisoner's Defence. I know nothing about it; I never had them.
GUILTY . Aged 48.— Confined Three Months.
DAVID DRAKE . I am foreman to Charles Nicholls, a shawl dealer, of the Quadrant, Regent-street. About nine o'clock in the morning of the 12th of October, I put this shawl out at the door, and missed it about eleven—it has our private mark on it.
CHARLES BURGESS GOFF (police-constable R 28.) On the 12th of October I was on duty in plain clothes in St. James's Park, between eleven and twelve o'clock, and saw the prisoner with a bundle under his arm, going to Storey's-gate—he took his coat off, and put it over his arm, so as to hide the bundle—I crossed, and asked what he had got—he said a shawl he had brought from over the water, his mother had sent him to pawn it—on the way to the station, he said, "Keep the shawl, and let me go."
Prisoner's Defence. I picked it up in Tottenham-court-road.
GUILTY .* Aged 18.— Confined Six Months.
JOHN WILLIAM FORELAND . I am in the employ of a pawnbroker, in High-street, Poplar. On the 20th of October the prisoner brought a cloak to pledge for 1s. 6d.—I asked whose it was—he said it was his wife's—he went out, and said he would bring her—he came back, and desired the cloak to be given up, if we did not choose to take it in—I took it to the station, and a policeman came to the shop with me—the prisoner was then gone—we went in search, but could not find him—I returned to the shop—the prisoner then came to the shop, and another man waited outside—I
went for a policeman, and while I was gone they went away—he was afterwards taken.
Prisoner. Q. What time did I come to your shop? A. About seven o'clock in the evening.
Prisoner. I worked till seven in the East India Docks, with a man named Wright; I then came out, walked home, and had my supper.
Witness. He came about seven o'clock in the evening—our shop is about five minutes' walk from the East India Dock, and about the same distance from the West India Dock.
GEORGE BARTER . I am in the employ of John Alley, a pawnbroker, in High-street, Poplar, about 200 yards from Mr. Foreland's. This cloak is my master's—it had been hanging at the door—I did not miss it till about half-past eight o'clock—I heard it had been offered in pledge—I had seen it about half-past six—it had not been sold.
JOHN SMITH (police-constable K 228.) At seven o'clock that evening this cloak was brought to the station, and at half-past seven I heard a call of "Stop thief"—I ran out, and met the prisoner running as hard as he could run—he gave me a thrust—I ran and caught him.
Prisoner. I came home at seven o'clock, and had supper; I walked out for half-an-ounce of tobacco; I passed the pawnbroker's door, and he came out and collared me; I said I was not the person; he said, "Come along with me;" I said, "You shall come with me;" I put my leg before him and threw him down; he called "Stop thief!" I ran towards the station-house—I know nothing about the cloak.
GUILTY . Aged 28.— Confined Two Months.
THOMAS YATES . I am in the employ of Arthur Barlow, a cloth-worker, in Marshall-street, Golden-square. At half-past five o'clock, on the 12th of October, I saw the prisoner and another outside the premises—I afterwards saw them walking backwards and forwards before the prosecutor's door—the prisoner put his fingers on a roll of linen cloth, which was standing just outside the prosecutor's door—they walked backwards and forwards—then the prisoner took up a piece of linen cloth, walked about eighteen yards with it, and gave it to his companion—they went up Marshall-street, towards Craven Chapel—I then lost sight of the one that had the goods—I kept my eye on the prisoner—he got to Oxford-street about ten minutes to seven—I gave notice to the policeman, and he took him—I am sure he is the person.
Prisoner. Q. Did I take it up in my arms? A. Yes, and put it on your shoulder—you both went away together—I did not halloo "Stop thief!" because I thought you would interfere with me—I was behind you—it was about half-an-hour from the time I first saw you till you took the cloth—I did not see which way the other man turned with it, when he got round the corner.
Prisoner's Defence. I came from Cambridge that day; I was going along, and the policeman took me.
GUILTY . Aged 20.— Confined Six Months.
JANE ENTWISTLE . I am in the service of Wilson Walker, a hosier, in High-street, Marylebone. On the 4th of October, the prisoner came into the shop and asked for some needles—I gave him some to look at—there was a blue handkerchief hanging up—he asked to look at it—I gave it him—he said he would call the next day, which he did, and said he had come for the handkerchief—I put it on the counter—he took it to the door—he brought back a blue cotton one, and took away a silk one—he said he would call for the blue one in a short time, and I was to put it in the name of Smith—he was afterwards brought to the shop, and I charged him with having taken the silk handkerchief—he said he had not taken it—this is the handkerchief he took.
GUILTY . Aged 33.— Confined Two Months.
NEW COURT.—Monday, October 31st, 1842.
First Jury, before Mr. Common Sergeant.
2979. MARY HART was indicted for stealing, on the 22nd of October, 3lbs. 2oz. weight of bacon, value 2s. 1d., the goods of Robert Armstrong and another; and that she had been before convicted of felony; to which she pleaded
GUILTY . Aged 50.— Confined One Year.
GUILTY . Aged 18.— Confined Six Months.
2981. ROBERT KIMBLEY was indicted for stealing, on the 21st of October, 7 1/4 yards of woollen cloth, called doe-skin, value 1l. 16s., the goods of Richard Rigby; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
2982. WILLIAM THOMAS was indicted for stealing, on the 15th of October, 6 pairs of trowsers, value 12s.; also on the 8th of October, 3 jackets, value 10s., the goods of Richard Hallett and others; to both which he pleaded
GUILTY . Aged 35.— Confined Nine Months.
GUILTY . Aged 14.— Confined Ten Days and Whipped.
GUILTY . Aged 63.— Confined Three Months.
GUILTY . Aged 17.— Confined Six Months.
JOSEPH ABBOTT . I saw the prisoner about six or seven o'clock on the evening of the 17th of October, carrying a sack, with something in it, through' Portman Market, in a direction from Mrs. Ellis's granary.
Cross-examined by MR. PAYNE. Q. Were you standing in Portman Market? A. Yes, he came so near to me that I could have put my hand on the sack—I was talking to Mr. Treadaway—I did notice the sack particularly.
Cross-examined. Q. When did you tell the prisoner to bring the oats? A. He asked me on the Thursday before, where I bought my oats—I said of a man in the Harrow-road—he said his mistress had got some very good ones, which she could sell for 14s., and I told him to bring me a sack on the Saturday—I had dealt with Mrs. Ellis before—he brought them on the Monday—I did not pay him—I intended to pay Mrs. Ellis.
JOHN GRAINGER (police-sergeant D 21.) I went to the prosecutrix's house—the prisoner came in and I said, "Your mistress has a serious charge against you; on Monday evening you took a sack of oats from her"—he hesitated some minutes, and then said, "I did take them to Mr. Davison's."
SARAH ELLIS re-examined. I have examined this sack and the oats, and I believe them to be mine—the prisoner never sells oats for me—if he had he ought to have entered them, and these are not entered—I knew nothing about them—I missed a sack on the Tuesday—I then made inquiries, and found about this.
Cross-examined. Q. Is the book here? A. Yes, and these are not entered—I had not sold Mr. Davison any thing for twelve months—the last he had was a truss of straw—I do not send in my bills weekly, but when they are asked for.
GUILTY . Aged 25.— Confined Six Months.
GEORGE WOODFALL . I live in Dean's Yard, Westminster. On the 27th of October, I was walking down Regent-street, and felt a pull at my pocket—I turned round quickly, and saw my handkerchief in the prisoner's hand—I called "Stop thief," he was taken at the end of a short street and he gave it out of his trowsers.
DAVID SHEEN (police-constable C 101.) I took the prisoner—I received this handkerchief from Mr. Woodfall—the prisoner said he did not mind getting three months, so that he did not get took to the Old Bailey.
Prisoner's Defence. I picked it up.
GUILTY .— Confined Three Months.
LIPMAN DAVIDSON . I live in Sun-square, Bishopsgate. I called with my box of jewellery at No. 25, Vinegar-lane, St. George's in the East, on the 28th of September—I knocked at the door, a young woman came down, and I showed her my box—I was in the house about ten minutes with the other persons—the prisoner then came down stairs with some otber persons—the prisoner snatched a necklace of mine from the hand of a person who had it, and ran off—I am sure she is the person—I have never found it since.
Cross-examined by MR. HORRY. Q. There were several girls about, looking at your jewellery? A. Yes, and one and another had got some of my things—Hennigan took up the necklace, and the prisoner snatched it out of her hand and ran away—there was no discussion about the price of it—I am quite certain it was not Hennigan who snatched it out of the prisoner's hand—I did not charge Hennigan with taking anything—the prisoner had asked me the price of the necklace, and offered me 5s. 6d. for it—I said 6s. 6d. was the lowest, and said, "Let me have my necklace"—I had not shown any thing at the door—another person, who had a ring of mine, was taken to the station—she gave me back the ring, and I was satisfied.
JAMES HAMS (police-constable K 248.) I took the prisoner—she said, "So help me God, I know nothing about it, I have not seen it"—she afterwards said, "I took it out of Kitty's hand, and went up stairs to see how I looked in the looking-glass; I came down stairs again, and put it into his box."
Cross-examined. Q. Another girl was taken? A. Yes, for stealing a ring—the prosecutor spoke positively as to the prisoner taking it out of Hennigan's hand—it has never been found.
GUILTY . Aged 29.— Confined Three Months.
THOMAS BRIDGE . I live at the fire-engine station-house, St. Martin's lane. I have examined the marriage register at the parish church of St. Martin-in-the-Fields—I produce a marriage certificate, which I compared with the book—(read)—"St. Martin-in-the-Fields, 1838, February 5th.,
John William Gower and Sarah Lygo were married, in the presence of Septimus Ramsay and Ralph Gaffney."
SARAH BRIDGE . I am the daughter of Thomas Bridge. I shall be twenty-one years old next December—I was in service—I met with the prisoner, and was married to him at Paddington church, on the 5th of September last—I lived with him till this was made known—he always passed himself off to me as single.
Prisoner's Defence. My first wife left me. I received a letter from her while I was in the Penitentiary, stating that she had sold my furniture, and did not want to see me again. I heard that she was dead.
GUILTY .* Aged 23.— Transported for Seven Years.
2990. SAMUEL RIDLEY was indicted for stealing, on the 16th of October, 1 bushel of pears, value 1s: 6d.; 1 bushel of apples, value 1s. 6d.; 1 tack, value 2s.; and 1 hammer, value 6d.; the goods of Thomas Johnson; and that he had been before convicted of felony.
WILLIAM HENET CLARK . I am in the service of Thomas Johnson, of Alpha-road. I went to his house on the 16th of October, at seven o'clock, and saw the green-house had been broken open, and a quantity of pears and apples taken, which had been gathered eight or nine days, and were in the green-house—I missed my own hammer, which I had used the night before, and a sack, which belonged to the corn-merchant, and one belonging to Mr. Johnson—the apples and pears produced resemble those that werelost.
THOMAS HENRY THOMPSON (police-sergeant D 4.) I found this sack, this hammer, and some apples and pears, on the prisoner, within two minutes of six o'clock, on Sunday morning, the 16th of October, within 200 yards of the prosecutor's door.
Prisoner. I have no other way of getting my living.
GUILTY .* Aged 17.— Transported for Seven Years.
EDMUND MORGAN WILLIAMS . I live in Leather-lane. At a quarter before nine o'clock in the evening, on the 19th of October, I met the prisoner—she made a sort of curtesy—I did not recognise her, but she turned round, and offered me her hand—she then told me a tale of distress about her sister, whom she had left in the agonies of death—I supposed she was about making an appeal for charity, but I found that was not the case—I crossed the road, and re-crossed, in order to avoid her—I thought she was about leaving me—I walked down a street in the Hampstead-road—she still followed me—I told her I had business to attend to, and I could not be bothered with her—she took me by my clothes, and pressed me very hard to accompany her—I felt her hand in my pocket—I shrunk back, and the gold dropped on the ground—I had felt her hand in my pocket—she
ran away—I cried, "Stop thief"—I picked up one sovereign at my feet—I pursued, and immediately a man endeavoured to stop me—he took me by the collar—a second one took me by my collar, I got away from him; and a third opened his arms, endeavouring to stop me—I got to the prisoner, and she was then in custody of the officer—he found four sovereigns—we returned to the spot, and found another sovereign in the same place, on the pavement.
Cross-examined by MR. PAYNE. Q. Were you sober? A. Yes—I had been to Hampstead-road to call on a gentleman—he was to be in in twenty minutes, and I walked about—I tried all I could to get from the prisoner—she followed me about ten minutes—I had thirteen sovereigns loose in my pocket—I had my hands in my pockets, and she struck my person—I shrunk back, and that enabled her more conveniently to put her hand into my pocket—she drew my pocket nearly out, and part of the gold was scattered on the pavement—I had no disposition to accompany her, nor intention of giving her anything.
COURT. Q. Where was it the three persons tried to stop you? A. In a street leading to Stanhope-street, Hampstead-road—the prisoner followed me, by turning up the street which I did—she was stopped in Stanhope-street—I swear I was sober—I had dined at home about half-past four o'clock—I bad drank a little beer as usual, but no wine or spirits.
JOHN O'BRIEN (police-constable S 96.) I heard a cry of "Stop her," and saw the prisoner running—I stopped her, and asked what she was running for—she said a gentleman gave her some money to go with him, and now he wanted it back—she put her hand behind her—I took hold of her hand, and she dropped four sovereigns into my hand—the prosecutor came up at the time, and said, "That person has robbed me"—I went back to the place, and a sovereign was found on the pavement.
Cross-examined. Q. Are you sure you stopped her, or did she run up facing you? A. She ran up facing me.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy by the Jury. — Confined Three Months.
JOHN HOLLAND . I am in the employ of James Davey, of Poplar. On the 27th of September, the prisoner came into the shop, took this print, and put it behind her back—she was going out—I jumped over the counter and took her—she said she wanted to go to the pawnbroker's with it to get some money.
Prisoner. I asked him to show me a bit of white ribbon, and he did; I had 2s. 1d., and was going to pay the money off a dress; he said he did not sell it by the dress, he sold it by the pound, and then he called Mr. Davey; two hours after I was taken; I had no print in my hand, I merely asked the price of it.
Witness. I took her with it, and took it from her.
GUILTY . Aged 22.— Confined Six Months.
(There was another indictment against the prisoner.)
2993. FREDERICK RILEY was indicted for stealing, on the 29th of September, 1 watch, value 1l.; 1 watch-key, value 1s. 6d.; 1 watch-ribbon, value 6d.; 1 purse, value 3d.; 9 sovereigns, and one half-crown, the property of Henry Hirst, from his person.
HENRY HIRST . I am a seaman, lodging at the Sailors' Home. On the 29th of September, I was in company with the prisoner, and got drunk, and was put to bed—before that, I had nine sovereigns, half-a-crown, a watch, key, ribbon, and a green purse, with two steel slides to it—one of them was broken, and the other cracked—this is my watch, and these are the slides of my purse.
Cross-examined by MR. HORRY. Q. You have known the prisoner some time? A. I have been once or twice in his company—I had no reason to doubt him to this time—I first met him on that day at the Sailors' Home—I was taken home drunk by Schoore and Evans—I was in liquor all day—I was not drinking that afternoon with a couple of girls—I went into the Jolly Sailors—no one asked me to go in there—I had a couple of girls in the forenoon—I do not know where they left me—I am quite certain I had my money after I parted with them—I counted it when I came from the Jolly Sailors with two girls, and bought a bonnet—I got my own ticket for my watch from one of them—I was not drinking with the girls after I bought the bonnet—I had a scuffle with one of them, at the Jolly Sailors—I had some gin before this row began—I do not recollect what I paid—I took my purse out to pay for it—I was rather tipsy at the time—I swear my purse was not taken out of my hands and the money counted for me—I counted it myself, and put it into my purse—I am sure I brought the purse out of the house, and nine sovereigns in it—I went into the skittle-ground after that—there were some persons playing, and some girls there—I had 15l. when I went out in the morning, and I paid people who I owed money to—there was no fight in the skittle-ground, in which I was concerned—the prisoner was with me at the time I had the scuffle—he helped me and got his shirt torn—we have got cabins and lockers to ourselves at the Sailors' Home—the room is an open room—any one can go in—when I awoke, about six or seven o'clock, I was alone in the room, and missed my watch, purse, and money—Schoore took the watch off his neck and gave it to me—I went out, and met the prisoner in Gravel-lane, with a girl, and Schoore and Evans—I was sober at that time—I told them I was robbed—Evans said, "There was only three of us in your company, and one of us must have it"—I said to Schoore, that the man who had taken my watch had taken my money—I borrowed the purse of Schoore—I did not buy a purse afterwards—the purse I was robbed of was not bought by me in London—I did not buy two purses and give one to Schoore.
COURT. Q. Are you sure you put your money in that green purse thatday? A. I am.
ARIE VERSCHOOR . I am a seaman lodging at the Sailors' Home. I was with Hirst, Evans, and the prisoner, that day—I saw Hirst with a green purse—there were sovereigns in it—he got drunk, and was put to bed—the prisoner asked me to take the prosecutor's watch off his neck—I said, "No"—then we all went out—the prisoner took the prosecutor's watch—I asked him to take a walk with us—we went as far as Whitechapel-road, and on coming down Wellclose-square, he said he must go home and get some money—I said, "Give me the man's watch," and he gave it me—we went to the Jolly Sailors—he said he would be back in five
minutes—he was gone half-an-hour—when he came back he treated us with some gin—we went to another house and he treated us there—when the prosecutor said he had been robbed of his purse and money, I said I had his watch—he asked if I knew anything of his money—I said "No"—he began to quarrel, and then I said, "You had better go into another house," which we did—I sent for a policeman, and some half-crowns and half-pence were found on the prisoner, and these two rings.
Cross-examined. Q. No sovereigns were found on him? A. No—he said he was going home to get some money and a clean shirt, and when he came back from the Sailors' Home he had the same shirt on—we had eight or nine half-pints of gin, which the prisoner paid for—the prosecutor and I met the prisoner in Ratcliff-highway—I asked him to go and have a drop with me—the prosecutor was not very drunk at that time—we went to a public-house—there was a row there—the prisoner was knocked down in the skittle-ground—the prosecutor paid for some gin in silver—he took his purse out when he paid for it—I had been drinking with him the greatest part of the day—we went into a haberdasher's shop in the forenoon, and bought some bonnets—the prosecutor did not fall down drunk two or three times in the shop—he was not sober at the time—I took his watch to take care of it—any one could go in and out of the prosecutor's room without anyone observing them—I did not go into a shop with the prosecutor to buy a purse—when we met the prosecutor, after we had left him at the Sailors' Home, be was quarrelling with two girls about taking his watch—I have never said I was obliged to accuse the prisoner in order to get out of the scrape myself, or any words to that effect—I do not know any one named Williams or Dieppe—I did not meet Dieppe in Old Gravel-lane—I did not cross the road to speak to anybody about a purse—I did not ask Dieppe if he saw a purse in Riley's possession.
JAMES EVANS . I was at the Jolly Sailors on this day. I law the prisoner take the watch from the prosecutor's neck at the Sailors' Home—then I went with the prisoner and Verschoor—while we were drinking I saw the prosecutor's purse in the prisoner's hand—I saw him show it to a girl—these rings were taken from the prisoner—the prosecutor's purse had such rings as these—the prisoner said he had had them in his possession some time.
Cross-examined. Q. What time was it when you saw the purse in the prisoner's hand? A. About eight o'clock in the evening, after he had been to the Sailors' Home—there were girls in the public-house—I did. not see one of them with a purse in her hand—when I asked him to give up the watch I did not ask him to give up the purse—I do not think there was any money in the purse—the prosecutor came and asked us about this in Gravel-lane—I did not tell him I had seen the purse in the prisoner's hands.
MR. HORRY called
GEOROE SALE . I am shopman to George Gumbridge, a linen-draper, in Ratcliff-highway. On the 28th of September the prosecutor came to our shop accompanied by Verschoor and two prostitutes—he bought two bonnets and two caps—he had his money loose in his pocket—I asked him why he did not have a purse—he asked to look at some—I showed him some—he bought one for the carpenter and one for himself—they had not such rings as these—they were plain gilt rings—we had none with steel rings—the prosecutor was very drunk—Verschoor had been drinking, but
was not drunk—the prosecutor fell down two or three times in the shop—the prostitutes and Verschoor helped him up—I cannot recollect what colour the purses were—the prosecutor dropped some money in the street.
WILLIAM DIEPPE . I am a ship-carpenter. I saw Verschoor and the prosecutor walking with a sailor—he made across Ratcliff-highway, and asked if we knew any thing about Riley—Williams asked him how he could swear to the purse or rings, and Verschoor said he could swear to the rings, that he had the purse two years, and he had lent it to the prosecutor.
NOT GUILTY .
2994. RICHARD BOYNETT and HENRY CASTLE were indicted for stealing, on the 19th of September, 3 frocks, value 3s.; 4 sheets, value 1l,; 6 collars, value 6s.; 6 shifts, value 1l.; 4 bed-gowns, value 10s.; 3 caps, value 3s.; 6 petticoats, value 12s.; 2 pairs of drawers, value 3s.; 9 pairs of stockings, value 9s.; 10 handkerchiefs, value 2l.; 1 pair of stays, value 5s.; 5 table-cloths, value 2l. 7s.; 2 sheets, value 1l.; 2 pillow-cases, value 4s.; 5 towels, value 5s.; 3 gowns, value 15s.; 3 aprons, value 3s.; 19 napkins, value 19s.; 4 pairs of trowsers, value 1l.; 1 flannel shirt, value 2s.; and 1 basket, value 5s.; the goods of Daniel Robins.
DANIEL ROBINS . I am a carrier, living in Church-street, Lower Edmonton. On the 19th of September I had this linen in a basket hooked up behind my cart—I saw it safe at Kingsland—I soon after was informed it was gone—I looked, and set off after the prisoners—I saw the basket lying in the road—I met Izzard with Boynett—this is the basket and the articles.
Cross-examined by MR. BALLANTINE. Q. What time was this? A. About nine o'clock—there was a dog following the cart.
JOSEPH SUDD . I saw the basket behind the cart, and the chain about it—I heard the dog barking, and saw the prisoners keeping a short distance behind, which caused me to notice them—they took the basket from the cart—I gave information.
Cross-examined by MR. PAYNE. Q. What are you? A. A tailor—I was about forty yards from them—they went down St. John-street.
Cross-examined by MR. PAYNE. Q. What are you? A. A carpenter—I never saw Izzard before—I was ten or fifteen yards from the prisoners—they went into John-street.
Cross-examined by MR. BALLANTINE. Q. How far was Boynett from it? A. About 150 yards—I took Castle about half-past nine o'clock.
BOYNETT— GUILTY . Aged 22.
CASTLE— GUILTY . Aged 19.
Transported for Seven
2995. WILLIAM WOODS was indicted for stealing, on the 10th of October, 2 cushions, value 6l.; 2 carriage covers, value 1l.; the goods of Robert Hutton; and that he had been before convicted of felony.
morning my coach cushions were safe—I missed them on Tuesday morning—these are them.
Prisoner's Defence. They were given me by a man that was a groom.
GUILTY . Aged 33.— Transported for Seven Years.
GUILTY . Aged 17.— Confined Three Months.
2997. THOMAS MAXWELL and MICHAEL MATTHEWS were indicted fur stealing, on the 2nd of October, one frock, value 4s., the goods of Peter Galvin: and 1 bag, value 6d.; 1 handkerchief, value 1s.; 1 apron, value 6d.; and 1 penny, the property of Euphemia Windsor, from her person.
EUPHEMIA WINDSOR . I live in Edward-street, Hampstead-road. On the 2nd of October I had a bag containing a frock belonging to Peter Galvin, a handkerchief and an apron of my own—as I was going down Charlotte-street, Bloomsbury, the two prisoners ran by me, and Maxwell pulled the bag out of my hand—they both ran away—I am sure they are the persons—I knew them the moment I saw them—when they were brought back the officer said to Maxwell, "You are charged with stealing a reticule"—he said, "Yes, and there was another boy with me."
MAXWELL**— GUILTY . Aged 13.
Transported for Ten Years—
MATTHEWS*— GUILTY . Aged 12.
ROBERT MUNTING . I keep a shop in Broad-street, Bloomsbury—I had some brushes in my shop window on the 19th of October—I saw the prisoner there—I missed three brushes—I went after him and found the brushes on him—these are them.
Prisoner's Defence. A boy gave them to me.
GUILTY .* Aged 16.— Confined Nine Months.
2999. PETER MACKEY was indicted for stealing, on the 18th of April, 1 box, value 2s. 6d.; 1 pair of trowsers, value 1l. 5s.; 3 pairs of boots, value 1l.; 12 pairs of stockings, value 8s.; 9 pairs of socks, value 4s.; 2 pairs of drawers, value 3s.; 2 flannel shirts, value 3s.; 2 night caps, value 1s.; 8 handkerchiefs, value 11s.; 1 scarf, value 6s.; 2 shawls, value 10s.; 1 hair brush, value 1s.; 10 waistcoats, value 1l.; and 3 printed books, value 4s.; the goods of Alexander Maisey, his master.
ALEXANDER MAISEY . On the 18th of April, I employed the prisoner to carry my box, containing these articles, from South-street, Chelsea, to Charles-street, Grosvenor-square—I never saw him again until last Saturday fortnight—I have never seen any of the articles—when I took him he said he had received the box from my brother and mentioned some of the articles that were in it, and then laughed at me.
EDWARD DUNBAR (police-constable F 102.) The prisoner was given into my charge—he said it was all through a woman that brought him into this trouble—when I took him to the prosecutor he laughed at him.
Prisoner's Defence. The prosecutor gave me the box to carry to Malpas Arms, Grosvenor-square—when I arrived near the top of Sloane-street I met George Cannon—he said, "I will help you"—I gave it him and crossed the street—he went on, and when I got to the corner he was out of sight—he must have got into a cab or an omnibus.
GUILTY . Aged 30.— Transported for Seven Years.
EDWARD GRAY . I am in the service of George Smellie—this pair of trowsers hung just outside the door on the 18th of October—I received information and ran out, and saw them dropped by some one—I am not certain whether it was the prisoner.
Prisoner's Defence. I heard the gentleman halloo out, "Stop thief"—I saw a person throw them down.
GUILTY . Aged 18.— Confined Three Months.
JOHN HOLLINSWORTH . I am shopman to Joseph Smout, of Upper North-place, Gray's-inn-lane. Between twelve and one o'clock on the 21st of October the prisoner came to his shop, took a piece of mutton from the board, and put it under her cloak—I brought her back, and took it from under her cloak.
Prisoner. It was outside the shop-window; he caught my hand, and made me put it down. Witness. She had got five or ten yards off.
GUILTY . Aged 68.— Confined Four Months.
3002. MARY MERRICK was indicted for stealing, on the 14th of October, 2 quilts, value 1s. 6d.; 1 pair of trowsers, value 5s.; and 1 waistcoat, value 3s.; the goods of Ann Robinson: and that she had been before convicted of felony.
came to my house—I showed her to the front room up stairs—after she was gone I missed these two quilts—the trowsers and waistcoat were lost the night she was there, but they have not been found.
JACOB PHILLIPS . I keep a sale-shop in Blue-gate-fields. The prisoner came to my house last Saturday fortnight, and offered these two quilts for sale—I refused them—she said she had got nothing for supper—I let her have 6d. for them—I put the quilts up for sale—Mrs. Robinson fetched the officer, and he took them.
Prisoner. He keeps a kind of sham pawnbroker's, and takes in all things at all hours in the night. Witness. No, I shut up at ten o'clock; no one comes in after that.
GUILTY . Aged 21.— Confined Nine Months.
(There was another indictment against the prisoner.)
Jury, (half foreign,) before Edward Bullock, Esq.
(The prisoner being a foreigner, the evidence was communicated to his through an interpreter.)
LOUISA SMITH . I live with Mr. George Cooper at Forty-hill, Enfield. About twenty minutes to nine o'clock in the morning of the 14th of October I saw the prisoner going out of the front court with my master's clock under his arm, tied up in a red handkerchief—I had seen it safe at its place in the hall about seven o'clock that morning—my fellow-servant followed him—this is the clock.
SARAH CHAPPELL . I am servant to Mr. Cooper, of Forty-hill, Enfield. Smith called to me—I saw the prisoner going across the road with this clock, covered over with something—he put the clock into the ditch—I ran after him, took it out of the ditch, and took it home—he jumped over a fence into Mr. Myers's shrubbery—I am sure he is the same man.
JOHN COLLINS (police-sergeant N 24.) I am stationed at Enfield. In consequent of information I went to Forty-hill about ten o'clock in the morning of the 14th—I saw the prisoner in custody of Mr. Myers's gamekeeper—I found this red handkerchief on him, his passport, and two other documents.
Prisoner's Defence. It is all false.
GUILTY . Aged 21.— Confined Six Months.
MR. ADOLPHUS conducted the Prosecution.
CHARLOTTE MATILDA JOHNSON . I am a widow, living in Palace-place. Great Scotland-yard, in the parish of St. Martin-in-the-Fields—it is my dwelling-house—I let my first-floor. On the 30th of August the prisoner came and looked at the apartments, approved of them, and said he would bring a friend to see them—he called next day, and we told him the rent was 20l. a month—he did not object to it—I asked him for his card—he apologised
for not having his card-case that day, but pulled out a bill of Exchange, which he said was for 450l., which he wished to get cashed by Lord Forrester—he gave me the name of Baron Amill Kollor, attache to the embassy of Prince Esterhazy—he called next day, and on my entering the drawingroom I found him examining my liqueur-case—he rose, and said he should feel great confidence in taking my apartments, as he had seen Lord Forrester, who he understood had known my husband—he admired my liqueur-case very much—I said I had been trying to dispose of it—he said he should like to become the purchaser, and asked the price—I said, "20l."—he said he should not object to give me a cheque for the liqueur-case, and also pay me one month in advance, on getting this bill cashed by Lord Forrester—upon going into the parlour, it happened that my jewel-case was there—he took up two diamond rings and a pin, and said, "You have something very beautiful here, I suppose you would not be disposed to part with these?"—I said, "Not both the rings, but I should not object to part with one, and also the pin"—he said, would I allow him to shew them to Lord Forrester—I allowed him to do so—at that time nothing had been said about the price, or buying them—he said he should return at seven o'clock with Lord Forrester, who would satisfy me as to the reference, and be would pay the rent in advance, and also for the liqueur-case, when his lordship had cashed this bill—he returned at seven o'clock alone, and said his lordship was not able to come, but he returned supposing I might be uneasy, as I had trusted the pin and rings in his charge—he seemed confused, and wished to know if I would go as far as the Wyndham Club House with him, as his lordship was dining there, and as he had promised to cash the bill, I should have the price of my liqueur-case and the 20l. in advance—I said I should most certainly wish to have my rings returned—I took the prisoner to be a gentleman—I went as far as the door of the club-house, in St. James's-square, with him—I did not see him go in—it is very easy to whip round the corner into the other street—I waited nearly two hours—he did not return—I made enquiries and went home—the next day I saw the real Baron—he was nothing like the prisoner—I gave information—I went somewhere down by Westminster—these are my rings and pin—they are worth from 27l. to 30l.—I never sold or parted with them to him, on any condition.
Cross-examined by MR. DOANE. Q. HOW long have you been a widow? A. Not above a year and a half—my theatrical name is Leslie—my real name was Rogers before I was married—I have not gone by any other theatrical name—I get my living by attending the theatre—the first time I saw the prisoner was when he came to look at my apartments—I did not meet him in the street—I never saw him in Waterloo-place or Regent-street, or any other place, before he came to my house—I had not a boy in my service when the prisoner called on me—I had been my own servant open the door to the prisoner—I did myself—did not talk to the prisoner about the Italian Opera—I never told him I performed in the chorus there, nor that I wore a particular pink gown—I wear a pink gown—I have worn all sorts of colours—I did not ask if he had observed me in a gentleman's cab in Hyde Park—I have been in a gentleman's cab in Hyde Park—the gentleman was paying his addresses to me—I have ridden perhaps four times in a cab with him this last summer—I
did not have tea with the prisoner—he never had a cup of tea with me, unless he helped himself while I put my bonnet on—the tea things were on the table on one occasion—I never had any meal with him—I never engaged a female servant while he was there—I have hired one since—I did not mention any nobleman's name, that I know of, as a person who visited me—I have got some blue curtains, which were given to me by a nobleman—I did not tell him I had a gift of 20l, from the nobleman, or that he had furnished my house—I said nothing about an elderly gentleman coming to see me—I do not recollect an elderly gentleman calling while the prisoner was there—a locksmith came to open a wardrobe—I did not appoint to meet the prisoner in St. James's Park—the liqueur-case was not taken away—the last day I saw the prisoner was on the Thursday and I went to the Police Court on Saturday—my husband knew Lord Forrester—I decline stating where I was married—I never said any thing to the prisoner about his having the rings for a month, and there was no sum of money mentioned.
MR. ADOLPHUS. Q. Was there the least proposal of love between you and the prisoner? A. No.
STEPHEN THORNTON (police-constable A 26.) In consequence of information, I apprehended the prisoner at the end of Bond-street, in Oxford-street, on the 13th of September, and found a quantity of things on him—I took this pin out of his stock, and in his pocket-book I found in quantity of duplicates, and one relating to some rings.
Cross-examined. Q. When did you first hear of this matter? A. Four or five days before I took him—I called on Mrs. Johnson.
Louis ANTONAROLI (by an Interpreter.) The prisoner gave me these rings to pawn—I cannot tell the day or the month, but it was about a month and a half ago—I pawned them for 10l. at Attenborough's—I gave the money to the prisoner.
(Property produced and sworn to.)
GUILTY of Stealing only. Aged 27.— Transported for Seven Years.
Sixth Jury, before Edward Bullock, Esq.
FREDERICK CLARK . I live with Mr. Neath, a pawnbroker in Duke-street. On the 10th of October the prisoner came to our shop to sell I silver fork—she said it was her own, that her name was Smith, and she lived at the first house over Blackfriars-bridge, on the right hand—I said that was a glass-manufactory—she said, "Yes"—I said I did not believe it was hers—she said she would go and fetch a person—she went away—I did not see her again till I was fetched to Mr. Worth's.
Cross-examined by MR. BALLANTINE. Q. HOW long was she in your shop? A. Nearly half an hour—only one other person came in during that time.
JOSEPH CLIFF (police-constable D 118.) On Tuesday morning, the 11th of October, I received this fork from Clark—in consequence of information I took him to Mr. Worth's, in Montague-street, Portman-square—we were just about going from the house, when the bell from the outside
door was rung, and the door was opened by the cook—I was up stairs at the time—I heard the cook say, "Here is Mary, Sir, will you like to see her?"—I came down, and saw the prisoner—