CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER,
SESSION I. TO SESSION VI.
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, November 28th, 1842, and following Days.
Before the Right Honourable JOHN HUMPHERY, Esq., LORD MAYOR of the City of London; the Right Hon. Thomas Lord Denman, Chief Justice of Her Majesty's Court of Queen's Bench; Sir James Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Anthony Brown, Esq.; Sir Peter Laurie, Knt.; Samuel Wilson, Esq.; and Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; William Magnay, Esq.; Michael Gibbs, Esq.; John Johnson, Esq.; Sir George Carroll, Knt.; Thomas Farncombe, Esq.; and John Musgrove, 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.
HUMPHERY, MAYOR. FIRST 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, November 28th, 1842.
First Jury, before Mr. Recorder.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
GEORGE. MATTHEWS . I live at No. 225, High-street, Shadwdl, and am landlord of the house, No. 185, Ratcliffe-highway. In May last, a roan named Edward Williams applied to my agent to take that house—I saw him myself several times—he took possession about four months ago—I saw the prisoner there several times—the shop was opened as an outfitter's—I saw Williams there, and the prisoner—I considered him theservant—the shop closed about the 10th of September—I went there on my return from the country, and found the place empty.
Cross-examined by MR. CLARKSON. Q. Do you know whether any dummies were in the shop at the time you let it to him? A. There had been a sale before, and what the auctioneer left I cannot say—there may have been parcels left there.
JOHN MALLISON . I keep an outfitter's shop in the Minories. A person named Edward Williams came to me about the 13th or 14th of May, and made a communication to me about a supply of goods to his son-in-law, at No. 185, Ratcliffe-highway—I went there on Whit Monday, found the house shut, and, nobody there—I then lost sight of the matter for some weeks, then Edward Williams called again—I had some conversation with him, and in two or three days he introduced the prisoner to me as his son-in-law—Williams is an elderly man—they presented me with a list of the various articles I was to supply—I began to show them various articles, which the prisoner looked over with his father-in-law—thay selected goods amounting to between 80l. and 90l.—when he introduced him, he said, "This is my son-in-law, whom the shop, No. 185, Ratcliffe-highway, is for"—the papers produced are the invoices sent there with the goods—they were sold for cash—I went down on the Saturday morning, and saw the father-in-law there—he said he supposed cash would be acceptable at all times, and paid me four 5l. notes—this was before the goods were all delivered—the prisoner was present at the time—the shop-door was open, but not the window—they had not begun business—I then completed the order—when the goods were delivered I was to have had the cash—I went for it, and saw the prisoner—he said his father-
in-law was at Ipswich—I went repeatedly, and saw the prisoner on all occasions—he said his father-in-law was in the country, and before he returned I received a further order, which I did not like to complete till I had the rest of the cash—I applied to him—he said, as I did not send them he was obliged to get them elsewhere, and send them into the country, as they were wanted, and intimated I had lost some cash which was to have been paid for them—I went again, and at last saw the prisoner and the father-in-law—I pressed for payment—he said I had acted very shabbily towards him, it was not business like to press a respectable man for payment, and if I would call again he would pay me, as he was going to get some bills discounted—I went at the time appointed—be said he had not been able to get the bills done, and produced this bill for 69l. 17s.—my balance was 61l.—he said he drew it on a respectable man belonging to Ipswich, Captain Cutting, who was then at sea; he drew the bill for goods he had supplied to the captain—the prisoner was present, and took the bill in his hand, looked at it, and had some conversation with his father-in-law as to the merits pf the bill—I cannot recollect what, but it tended to press on my mind that it was a respectable bill—the prisoner said he thought he could get it discounted for 10 per cent.; he had no doubt So-and-so would do it, if I did not object to 10 per cent.—the father-in-law said the acceptor was at sea, but would be home before the bill was due—they both intimated that the carpenter's shop in the back-yard was theirs—the father-in-law said he had taken the business not only of outfitter but as shipcarpenter for his son-in-law—this was in the prisoner's absence—I afterwards saw the prisoner, questioned him, and he said it was so, that it was his trade, a ship-carpenter, but the doctor had forbid it in consequence of his ill-health—the bill was due on the 24th of September, but not paid—I went to the house on Saturday, the 17tb, and found it shut up—I was let in by the landlord—some of the shelves appeared to have goods on them, but the papers contained hay, straw, and shavings—I had been past the evening before, and then saw some of my goods there—the name of "Williams, outfitter," was over the door—I was not aware that the prisoner's name was not Williams—his name never transpired—there is a Mr. Williams, an outfitter, on the opposite side of Ratcliffe-high way, which I understand is an old-established concern—it is within five or six doors of this house, but on the opposite side.
ROBERT POPPLEWELL . I am in business as an outfitter with my mother, in St. Mary-axe. In August last a party called and saw me, in consequence of which I sent Priest, at No. 185, Ratcliffe-highway, in consequence of a card and message to seud there for an order—Priest brought back an order for goods—in consequence of the message, and inquiries I made of my cousin in Cateaton-street, I executed the order—the goods amounted together to 41l.—there were two or three parcels—I never saw the prisoner.
JOHN PRIEST . I am Mr. Popplewell's foreman. I went to No. 185, Ratcliffe-highway, about the beginning of August, and saw the prisoner—I asked if he was Mr. Williams—he said he was—I told him I came from Mr. Popplewell, to take an order—he said it was all right, and gave me an order for shirts and trowsers—while there, an elderly person, Mr. Williams, came in, and asked who I was—I think it was the prisoner told him I came from Mr. Popplewell—either the prisoner or I said so—the elderly man did not mention his name, or who he was—he told the prisoner not to give a larger order than he could help, or wanted—I asked them for a reference after that, and the elder one said Mr. Popplewell, that travels in the button trade, had referred
him to our house to buy, and knowing that Mr. Popplewell, who then lived in Lad-lane, I was satisfied, and took the order—the goods were sent by a porter.
THOMAS WILLIAMS . I have lived at No. 20, Ratcliffe-highway, three years, and am a tailor and outfitter. I do not know the prisoner—there was a shop on the opposite side of the way in the name of Williams—I have no connexion with the prisoner, or that shop—I know Peter Popplewell—he never dealt with me—he is a button-merchant.
PETER POPPLEWELL . I am in the button trade, and live in Churchpassage, Cateaton-street, and am a cousin of Robert Popplewell. I know Mr. Williams, of No. 20, Ratcliffe-highway—in August last inquiry was made by Robert Popplewell about Mr. Williams of Ratcliffe-highway, without mentioning the number—I had no notion of any other Williams—I did not know one at No. 185.
JOHN HUSSEY . I am traveller to a house who are shirt and stock-makers, at Manchester. Tn consequence of information I received, I went to No. 185, Ratcliffe-highway, and saw only a shop-boy—I had to call repeatedly before I saw the prisoner—on the 9th of September I called, and inquired for Mr. Williams—the shop-boy said he would fetch him—he went out, and the prisoner came in—I inquired was he Mr. Williams—he said, "Yes"—I told him I had called repeatedly, in consequence of a letter sent to me from Manchester—he said he had another shop across the street, to which he had to attend as well as this, which was the cause of his absence so often—I showed him my patterns—he gave me an order amounting to about 27l. or 28l.—during that time an elderly man came in, gave the prisoner a letter, and said he would see by that letter what was wanted—the prisoner looked frequently at the letter and other papers in a desk, as he ordered the things—the old man went out directly after, and then the prisoner said that his father had a shop at Ipswich in the same line, mod if I served him well he would procure me his custom—I said the first parcel of goods at least would be cash—be said small parcels like these he always paid cash for—I only executed part of the order—this is the invoice of them—I was not paid—I received part of the goods back a day or two, before the prisoner was committed from Lambeth-street, about 30s. short of the amount—I applied for payment when I delivered the goods—he said he had received that day some sad news of a brother of his being drowned between Calais and Dover, and his mind was too much harrassed to look the goods over that day, I should call on Saturday and he would pay me—I went on Saturday, which was the 17th, and the shop was closed—the goods had been delivered on the Tuesday—when I delivered part of the order, I said the rest would come next week, we were too busy to execute the whole at once—that was not the real reason—he requested me then to let him have as much as we could by Friday evening, as it was required for a particular order to be made up for the country, on Friday—I went on Friday afternoon, and told him no more could come till the week following—he appeared rather vexed, saying in future I must not take an order unless I could execute it, and he should be obliged to get them elsewhere.
JAMES FRAZIER . I am a shoemaker, and live at No. 172, Ratcliffe-highway. In September last I received an order for goods—an elderly man, named Williams first called, and, in consequence of what passed, I sent some shoes and boots, as samples, to No. 185, Ratcliffe-highway—I went there myself on the 10th—it appeared a well furnished shop, well filled with goods—I found the prisoner there—I asked him for Mr. Williams when I went in—he took the samples I had sent the day before from a drawer under the counter, and ordered some goods, which I sent on the same day—they amounted to 16l. 10s.—he gave me a second order on the 13th, which came to 3l. 9s. 6d—I sent for
payment, but was never paid—on the Saturday following old Williams called, and said I should be paid on Saturday, the 17th; and on Friday, the 16th, the prisoner called for more goods, but did not have them—I went on the 17th, found the house shut up, the people gone, and nothing there but sham packages.
CHARLES CHAMBERS . I am a policeman. I took the prisoner on the 24th of September—at the station he said his name was Williams, and directly after that it was Stevenson—he pulled some bills out himself, which are the invoices the witnesses hate seen.
JAMBS CARTER . I live at Ipswich, and have done so thirty or forty years—I have been a policeman there six years and a half. I knew a Captain Cutting, of Ipswich—he has been dead better than three years—I know no Williams, an outfitter there, in 1842—I was here last Session, when the prisoner was tried—I saw an old man produced as a witness, named Cutting—he sells fish, about the town, and is in very low circumstances—I never knew him as a captain in my life—I cannot swear he has received parish relief.
Cross-examined. Q. Did you swear on a former occasion that Captain Cutting lived at St. Clement's, Ipswich? A. No—I said he lived at St. Mary Key—I said to the witness who was produced, "How do you do, Captain Cutting?"—I never knew that he had a vessel—I will not swear he had not—he lived in St. Clement's.—(See Pirie, Mayor 12th Session, page 1210.)
MR. BODKIN. Q. Is there a district called St. Mary Key, at Ipswich? A. A parish—I addressed the man as Captain Cutting merely as a joke. GUILTY of conspiracy. Aged 26.— Confined nine Months.
MARY KILBY . I am the wife of Thomas Kilby, a labourer, and live on Twickenham-common. On the 2nd of Nov. the prisoner came to my house with bread—I was in the kitchen—he put the bread on the table—I had occasion to turn my back to look for my book in which I put down the bread—I could not find it at the moment—about a quarter of an hour after the prisoner was gone I missed my husband's watch from the mantel-piece, which I bad seen there a very few minutes before the prisoner came in—no one but him had been—he had served me four months, three times a week, and always behaved well.
HENRY HILL (police-constable V 256.) In consequence of information from the prosecutor, I went after the prisoner, and found him on the common with his basket—I told him I took him on suspicion of stealing a watch—he asked where from—I said from Mr. Kilby's—be walked with me as far as his barrow—he wanted to go across to it—I would not let him—I beckoned Kilby up—the prisoner then took the watch out of his breast pocket and offered it to Kilby—Kilby said, "Where is the chain and seals?'—he took them out from his right-hand side-pocket with the keys.
(Property produced and sworn to.) Prisoner's Defence. I certainly took the watch, but it was my intention to take it back when I returned with my barrow.
GUILTY. Aged 18.—Recommended to mercy by the Jury and Prosecutor, Confined Six Months.
the end of St. Dunstan's-lane, with my son's great coat in it—on returning to the gig I found a crowd about it, and my son said a man bad taken his greftl coat—two boys came up and said they knew the man—they gave a description to the policeman, and the prisoner was taken about six. weeks afterwards—the coat has not been found.
JAMES ALGET . I am sixteen yean old, and live in Tash-street, Gray's Inn-lane; I know the prisoner; I have seen him about Temple-bar. On the 22nd of Sept I saw him go to a gig which was standing at the corner of Fetter-lane, take a coat off and go up Fetter-laoe with it—I gave information at the time that I knew the man.
Prisoner. Q. Where were you standing when you saw me take the coat out of the gig? A. Just by the chaise—I followed you up Fetter-lane.
WILLIAM WIGLEY . I live in Lombard-street, Fleet-street. I have seen the prisoner standing about Temple-bar, attending on the cataien—on the 22ad of Sept. I was coming down Fetter-lane with a child in my arms, and saw the prisoner Rusuung up Fcttet-lane—Algat came up to me and said "Can you see that man?"—I said, "yes," but I could not run after him. because I had the child in my arms—he had a coat on his arm, something like the gentleman has on now.
MR. STIRLING re-examined. My son's coat was off the same piece this—they were both made at the same time by the same man.
CHARLES BURGESS GOFF . I am a policeman. I produce a certificate of the prisoner's former conviction, which I got from the office of the Clerk of the Peace for Surrey—I took him into custody, and was present at his trial—I know him to be the same man—(read.)
GUILTY . Aged 34.— Transported for Seven Years.
OLD COURT.—Tuesday, November 29th, 1842.
Second Jury, before Edward Bullock, Esq.
4. WILLIAM LOCK was indicted for stealing, on the 26th of Sept., 2 penny pieces and 2 halfpence, the monies of John Gurney, his master; and WILLIAM WEBBER , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MESSRS. BODKIN and BALLANTINE conducted the Prosecution. JOHN GURNET . I keep the Mackworth Arms, Commercial-road. Lock, was in my employ as barman, from the 15th of July, 1341, till he was taken' into custody—on the 26th of Sept., in consequence of mformatian, I applied to Argent, a policeman, and gave him thirty shillings) sixteen sixpences, thirty pence, and sixty halfpence, which he marked, and returned to me; and at twenty minutes to eight o'clock in the evening I deposited them in the different divisions of the till nearest to Lock, taking out all the other money—I remained at the bar about ten minutes, then left, and my housekeeper who was there, left also—every body concerned in business left, except one of my young men—I saw Pipe, who made an arrangement with me—I came back about eight, and found Webber in custody, and one penny piece and two halfpence found on him—I can positively swear to one of the halfpence as being one I had put into the till that night—Walker afterwards
returned with three penny pieces and a halfpenny—Webber was in the habit of coming to my bouse.
Cross-examined by MR. WILDE. Q. you do a pretty large business? A. Yes—there were other tills which Lock could get to.
ALLEN PIPE . I am a policeman. On the 26th of September, in consequence of suspicions, I was at Mr. Gurney's, in plain clothes—I went at twenty minutes to eight o'clock—Mr. Gurney and his housekeeper were then in the bar—he left in about ten minutes—Lock was in the bar near the beer-engine—as soon as Mr. Gurney left, I saw a man come in and go behind the beer-engine, which is quite at the further end of the bar—the engine was between him and Lock—I did not know that man—he asked for a pint of half-and-half, which Lock served—he did not pay him then—Lock served two other customers—the housekeeper then left the bar—the man drank part of the beer, and when the housekeeper left, he tendered a small piece of money, a fourpenny or sixpenny-piece (the half-and-half would be 2 1/2 d.) Lock took it, and said to him, "You should come in the morning, not come now, you see we are busy, they have only just left; come of a morning"—he then went to the first till near him, took out about 3d. in halfpence with his right band, and placed them in his left—he then dipped further back into the till, and took out two or three shillings—I saw shillings distinctly—he placed them on the top of the halfpence in his left hand, then took out more halfpence, and placed them over the shillings without counting them—he went and handed them over the engine to the man, turned round, and said, "All right"—the man then finished his half-and-half, and walked out, keeping the money in his hand—I went after him—he turned towards Whitechapel, and in passing along, seemed to be counting what was in his hand—he crossed over to Essex-street—I saw him again, and Webber there—they passed down Essex-street, within a few paces of each other—when I first saw Webber, he was walking in Essex-street, rather from Mr. Gurney's, on the opposite side—they met in Essex-street, and passed down—I was not near enough to hear them speak—I saw Walton at the corner of Essex-street—it was so dark there I could scarcely see where they went to—Walton followed them, and seized Webber, and took him to Gurney's—the other man escaped—I went back to Essex-street with a light in about ten minutes, or a quarter of an hour, and on looking about, picked up a halfpenny and a shilling—Webber had not been in the house while I was there—I assisted in taking Webber to the station—he said three or four time she had not been at Mr. Gurney's that day.
Cross-examined. Q. Where were you placed? A. Near the engine, about two feet and a half from the till—I was not concealed, I was about three feet from the man who got change—the till was opposite me—I could see where the halfpence were, but not where the silver was—I saw the motion of his hand—I was ten or twelve yards from the man in the street, but at his side at the bar.
MR. BODKIN. Q. YOU stood where customers are? A. 2Yes—I saw Lock's hand move when he put it into the back part of the till, and before that among the halfpence.
JAMES WALTON . I am a policeman. I was directed by Mr. Gurney to watch his premises on the 26th of September—I stood at the top of Essex-street, leading into the Commercial-road, in plain clothes—I saw a man come out of Gurney's house and go towards Whitechapel, he crossed over towards where I stood—I saw Webber come up to him, and join him—I had seen Webber before, walking backwards and forwards, between Essex-street and the Commercial-road, forty or fifty yards—he joined the man at the corner of Essex-street—they spoke to each other, and walked down Essex-street—I
followed, and seized Webber—he then threw his hands out away from him, and something fell, which sounded like money—the other man was gone in a moment—I brought Webber back to the house, searched him, and found one penny piece and two halfpence on him, which I produce—I went back to the spot, and found three penny pieces, a halfpenny, two keys, and a knife—he claimed the knife and keys—when I seized him I told him I wanted him for robbery—he said, "Oh, very well, I hare done no robbery."
JESSE TROWER . I am a policeman. On the 26th of September, I was stationed in Essex-street, in plain clothes—Webber with another passed by where I stood—I saw something, which rattled like money, pass from one to the other, and at that time one said to the other, "That is all Bill gave me to-night"—I cannot say which said so—Walton came and seised Webber immediately, and I heard something rattle as if money fell on the stones—he was taken to Mr. Gurney's.
MR. GURNEY. I know this penny-piece and two halfpence—Webber was not at my house after I put the money into the till.
ARGENT. I am a policeman. I marked some money on the 26th of September—this is one of the halfpence I marked, and this penny-piece, and this other—they are what I handed over to Mr. Gurney—I was before the Magistrate when the prisoners made a statement—this is Mr. Henry, the Magistrate's, writing—(read)—" Lock says, The witness Pipe has sworn falsely in saying that I gave the man money; I have been imprisoned a month innocently; no man can say I was ever seen in the company of Webber; I have known him some time, by coming to Mr. Gurney's; I served him the Monday'night before we were taken."—Webber says, "I have nothing to say, only that all I ever had at Mr. Gurney's I paid for; I was not in Mr. Gurney's at the time of the robbery; I was in Mr. Gurney's five minutes before seven; I was very cold, and had been to Blackwall; all I had in the world was a fourpenny-piece, and I paid 2d.; when I had got down Essex-street about twenty yards, I went into a corner to make water, I had scarcely done that, and had my hands in my pockets, when Walton seized me, and in snatching my hands out, I must have pulled out the keys and knife; I did not know till after I was in Mr. Gurney's parlour that I had dropped the things; it was five minutes to eight, and not seven, that I was at Mr. Gurney's; I mean it was nearer eight than seven."
Lock's Defence, On the 26th of September last, as I was serving at the bar, a man named Emery, a law writer and cousin of Webber's, was employed by him to come to me to ask me for some money; this was the third time of my seeing this man that Webber represented to be his cousin; he tendered to me a sixpence, and I gave him in exchange 2s. in silver, and six pennyworth of halfpence; Webber was in the habit of coming about twice a-week, as he used to go to some other place, where I do not know, for the last four months. The first time I ever saw Webber it was at my brother's house; I believe that it was only twice I saw him there; one evening as my brother was there, he, Webber, came in; be waited some time after my brother was gone; what my brother had he always paid for. He (Webber) stated to me if I did not give him some money he would inform Mr. Gurney that I was robbing him; he called in several times before I gave him any thing, at last he said, I will do it for you to-morrow,' meaning he would inform Mr. Gurney; I said to him,' You are a lying false man to say what you have;' he said, 'It is all very well for you to say so;'—at last I consented to his wishes, foolishly, not knowing the character of the man as I do now, or I should have informed Mr. Gurney of it. The first time I gave money it was 1s., and at other times not so much; he would ever scarcely go away before I gave him some money; he has had on the average about 2s. or
3s. a-week; sometimes he did not come for a week or so; whatever I gave him he always kept himself, I never had a farthing of him; respecting my keeping it a secret on the part of my brother, was, Mr. Gurney had a very great objection to have any person to see you, as yon know, in business. Webber has said to me many times if some persons were in my situation they would have 1l. per day, and he said I was a fool that I did not, as I should be considered quite as much of by the Gurneys as if I did not take a farthing. I can make a declaration before the Almighty, that I have never taken one farthing from Mr. Gamey the whole time I was with him, for my own pocket, neither for any one else but Webber; by his own confession to me, he has not done any work for the last four years.",
LOCK— GUILTY . Aged 29.— Confined Three Months. WEBBER— GUILTY . Aged 30.— Transported for Seven Years. It was subsequently deposed, that Webber had for some years past been inducing young persons employed at wine-vaults to engage in similar transactions, and afterwards threatened to accuse them if they did not continue to supply him with money from the tills,.
5. EDWARD LAMPARD BOYDEN was indicted for feloniously uttering, on the 2nd of July, a forged acceptance to a bill of exchange for 25l., knowing it to be forged, with intent to defraud Arthur Wills Nathan.
MR. BALLANTINE conducted the Prosecution. ARTHUR WILLS NATHAN . I am a traveller, in the employ of Batty and Co., Finsbury-pavement; the prisoner was also a traveller in their employ. In October last year, 1 lent him 3l.—about May last he told me his grandmother, who had died at Chatham, had left property at Marylebone, and when it was sold he should have about 60l.—I sold him a diamond pin for 4l., making 7l. altogether—I asked him repeatedly for the money—he said when he came in possession of his legacy he would pay me, and that it was in the hands of an attorney at Chatham—he asked me about September for a further loan, and afterwards produced a bill of exchange purporting to be accepted by Townson, a solicitor of Chatham—he referred me to Townson's agents in town—I inquired, was satisfied, and gave him the money for the bill—it became due on the 5th of September—it was not paid—I received two letters from the prisoner's hands as from Mr. Townson—on receiving the last, I told him I would enforce the payment of the bill.
RICHARD TOWNSON . I am a solicitor, and live at Chatham—there is no other solicitor there of my name. T never had any business to do for the prisoner, and know nothing of him or his connexions—the acceptance to this bill is not my writing, nor done by my authority—these letters are not written by me.—(The first letter stated, that Mr. Townson having been a good deal from home and disappointed in a remittance was unable to meet the acceptance, and that the 19th was appointed for the payment of the purchase-money for the estate. The second letter stated, that in consequence of not being able to produce a burial certificate, the settlement was delayed for a few days.
Prisoner's Defence. I hoped when I wrote the letters to be able to raise the money.
(Edwin Pullen, a builder, deposed to the prisoner's good character.) GUILTY . Aged 26.—(See Pirie, Mayor, Twelfth Session, page 1237. Confined Two Years.
BLOWER pleaded GUILTY . Aged 24.— Transported for Seven years.
HUNT pleaded GUILTY . Aged 22.— Confined Six Months.
ALEXANDER HILL . I am in the employ of Richard Conningham, carman, of Church-lane, Limehouse. On the 4th of November I went to Ennis and Co., in Moorgate-street, from the West India Docks, with the horse and cart—I went up stairs with a jar, came down in two minutes, and the horse and cart were gone—I ran down Prince's-street, and saw the prisoner standing up in the cart, with the reins in his hand—he jumped out of the cart, caught his legs in the rails, and fell down—I laid hold of him, but had a jar in my hand—he twisted my hand, and got away—I went after him, leaving a witness to mind the cart—I caught him up King's Arms-yard, without losing sight of him—there was a box and jar in the cart.
Crou-examined by MR. PAYNE. Q. HOW far from the cart was he stopped? A, About 200 yards—it was about half-past five o'clock—I put the jar into the cart, which did not take a minute, and followed him—he had, I think, a black cloth waistcoat with sleeves, black bat, and black trowsers—I am quite certain of him.
JOSEPH MORRIS . I live in Arlington-place, St. John-street-road, and am a fishmonger. On the 4th of November I saw the prisoner jump out of the cart—his foot caught in the rail, and he fell—the witness had a jar in his hand, and he got away—I minded the cart while he pursued.
Cross-examined. Q. Where were you? A. Walking down Princes-street, behind the cart—I went up when he fell down—the witness cried out "Stop him"—I was within three yards of him—I believe he had a fustian jacket and black browsers, but did not take particular notice—I believe he had a cap on—I am certain of his person.
GUILTY* of stealing the poods only. Aged 29.— Transported fir Seven Years, Before Mr. Recorder.
MR. PAYNE conducted the Prosecution. GSOBOI WESTON . I am in the employ of Mr. Merrick, of Stanwell-moor, about two miles from Staines. On Monday, the 31st of Oct., I saw six cows, a bull, a calf, and two heifers, safe in the meadow, which has a gate to it, which was fastened with a chain and staple, and a bit of stick put througn the staple—the bull was not with the cows—I saw them again on Tuesday night, about five o'clock, and have not seen them since.
BINJAMIK SLOCOCK . I am Mr. Merrick's nephew. I saw the cattle safe on the Monday—I do not know whether the gate was fast—I have since seen three cows, two heifers, and a calf, in Smithfield, which were part of my uncle's cattle which I had seen on the Monday in the field.
JOHN MERRICK . I am a farmer, and live at Stan well-moor, which is about sixteen miles from Hyde-park-corner. I missed some cattle from my meadow on Thursday, the 3rd of November—I bad not seen them for some time before—I examined the gate of the field, and found the stick had been removed from the staple—on the Monday following I saw three of the cows, two heifers, and a calf, at the Ram-yard, Smithfield—they were worth about
50l. before they went from home—I knew them to be mine, and those which were in my field.
ELIHU LAMBERT (City police-sergeant, No. 3.) I received information on Friday, the 4th of Nov., in consequence of which I found some heifers at the west end of the market, tied up, and Mr. Benson, the salesman, was with them—I also saw three cows and a calf at the east end of the market, tied up, and the prisoner with them—I asked him if they were his property—he said, "Yes"—I asked where he had brought them from—he said at first that he had had them in his possession a week or ten days—I further questioned him, and he said afterwards that he purchased them at Rom ford-market on the Wednesday previous—I asked who he purchased them of—he said he did not know—I asked whether he had paid for them in a bank or book-office in Romford-market—he said he had not—it is the custom of the market to pay for them in a bank—Mr. Burrell, a salesman, was there at the time, and he asked the prisoner if he had purchased them in Romford-market—he said he did—Burrell said it was no such thing, they were not in Romford-market; that he was there himself, and likewise Mr. Lowe, another salesman, and I went to Mr. Lowe—I asked the prisoner where he lived—he said, "At No. 9, Tottenham-row, Kingsland," and that he was a cow-keeper—I sent a person immediately to make inquiry there, and after that person came back I immediately detained the prisoner, and locked up the beasts—I showed them to Mr. Merrick on the Monday following, and he recognized them as his property.
Pritoner. It is not a regular thing in Romford-market to pay for them in a bank, only among the salesmen. Witness. It is in Smitbfield.
JAMES ROBERT GOODSON (City police-constable, No. 33.) I was sent by Lambert to No. 9, Tottenham-row, Kingsland, and inquired for the prisoner there—a person answering his description was known there by the name of James Davis, but the name of Hill was not known at all—the prisoner gave his name as Hill to me.
JAMES BENSON . I am a salesman in Smithfield-market On Friday, the 4th of Nov., between eight and nine o'clock in the morning, two heifers were brought to the rail by a person named Pass—the prisoner, shortly after, came to me and said he wished me to sell them, or words to that effect—he said his name was John Hill, and that he had some at the other part of the market—I told him they were worth about 15l. or 16l.—I did not sell them, in consequence of what I heard—I always attend Romford-market—I was there on the Wednesday before this Friday—I did not see these cattle there, but I was standing in one place, I should not be so likely to see them as others who go about the market—cattle are generally paid for at the bookingoffice at Romford-market—that is the custom—there are a few individuals, perhaps, who take their own money—I gave up the heifers to the officer.
JOHN LOWE . I am a salesman, and live in Oval-cottages, Hackney-road. On Friday, the 4th of November, I saw the prisoner coming down Long-lane with a small calf, four cows, and two heifers—he brought them close to my beasts—I bought the calf of him—I asked where he brought them from—he said at first from Kingsland—I said, that living at Hackney myself, I did not think I had seen any such cattle about there—he said they had been in the London-marshes, and after that he said he had bought them at Romford on the Wednesday previous—I said I did not believe that, for I was there myself, and did not see any cattle of that description all the day—I was there from eight o'clock in the morning till nearly three, and went about the market all day, and did not see any cattle like them there—I invariably pay at the book at the market—it is a rule, but it is not always done—some persons
take their own money—I saw the officer take the cows away, and the calf which I had bought of the prisoner.
JAMES HARRINGTON (butcher, of Rutland-street, Whitechapel.) On Friday, the 4th of Nov. about half-past eleven o'clock, I saw the prisoner there in Smithfield, and he asked me to bny a cow—he asked me Si. for it—I bid him 4l—he came to the top of the market and said I should have it—I came back, paid for it, and took it away—about an hour and a half afterwards, in consequence of what Mr. Burrell, the salesman, told me, I went to the prisoner and said, if I returned the cow, would he return the money, as I heard it was not right—he made a joke of it, and said I had bought it in open market, and I should abide by it—Romford-market is about twelve miles from Whitechapel-church.
Prisoner's Defence, I bought them at Romford-market, on the Wednesday; they stood nndemeath the trees, nearly opposite the bank—I gave 43l. 5s. for them, and paid the money for them in the Bull public-house; there were four cows, two heifers, and a calf—I saw several salesmen there that I knew; I do not know that there is any one here; there was Mr. Cade, Mr. Mulloch, a pig-jobber, and Mr. Mansell, a pig-jobber: I have not sent for them; there were plenty of people, no doubt, that saw me at the Bull.
JAMES BENSON re-examined. It is possible that beasts that were at Stanwell at five o'clock on Tuesday could be got to Romford-market on the Wednesday, but it was a very long journey; they would of course have the appearance of being much distressed.
Prisoner. They were much distressed, and one was very lame, which was the reason I put them in the field at Kingsland; I turned them into the London-marshes after buying them at Romford; several persons saw them in the London-field; a friend of Mr. Burrell's did, and I think Mr. Lowe heard it said that they were there there.
GUILTY . Aged 27.— Transported for Fifteen Years.
9. WILLIAM WEBB CHEESEMAN was indicted for stealing, on the 19th of November, 2 boots, value 9s. 6d., the goods of Mary Ann Warboys. WILLIAM WARBOYS . I live with my mother, Mary Ann Warboys, who is a widow, and keeps a boot and shoe shop in Bishopsgate-street Without. On Saturday, the 19th of November, I was in the parlour at the back of the shop, and noticed the prisoner snatch two boots from the door, and run away with them—I pursued and took him with one boot in his band—I took it from him, and found the other boot on the ground—I brought him back to the shop, and gave him into custody—these are my mother's boots.
Prisoner. Q. Did you not give roe in charge for stealing a pair of boots? A. I did, I did not notice immediately that they were two right ones. WILLIAM GARRETT LEWIS . I was in the street when the prisoner ran by, the prosecutor pushed him down, and took a boot from him—be did not see one lying on the ground—I pointed it out to him, took it up, accompanied him back to the shop, and the prisoner was taken.
Prisoner's Defence. I am not the man that took the boots from the door; I was standing before the door, selling Punch's Comic Almanack, and saw a person go by and drop the boots; I picked them up, and being a wet night, I ran across the road with them.
GUILTY . Aged 35.— Confined One Month.
OLD COURT.—Wednesday, November 30th, 1842.
Third Jury, before Edward Bullock, Esq.
GUILTY . Aged 21.— Confined One Month.
JAMES WEIR (of Poland-street, victualler.) The prisoner was my servant for three months—on the 5th of Nov., at nine o'clock in the morning, I was called down, and asked her to give me the money she had taken from the till—she denied it—I said it was no use denying it, she had better hand it out—she fumbled in her pocket and produced a shilling and three halfpence—I said, "It is quite evident you have taken it, pack up your things and leave the house"—she was quite intoxicated, and declared she would not leave, but insisted herself on having a policeman to search her, declaring she was innocent—I had a policeman in, and, with a deal of struggling, he found another shilling in her hand.
WILLIAM WEIR . I am the prosecutor's son, and am ten years old. On the 5th of Nov., about eight o'clock, I was in the bar, and saw the prisoner open the till—I asked her what she was about—she said, "Nothing"—I saw two shillings fall from her mouth on the floor—she picked them up, and put them into her pocket—I went and looked into the till, and there was 2s. short—I had counted the money at seven, when I brought the till down.
THOMAS TICE (policeman.) I was called in, and took the prisoner—I asked what she had in her pocket—she said, "Nothing"—I said, "Turn them out"—she produced several small things, but no money—I saw her hand closed, and asked what was in it—she said, "Nothing"—I forced it open, and found one shilling.
GUILTY .—Aged 28.— Confined One Month.
Before Mr. Justice Coltman.
GUILTY . Aged 24.— Confined Two Years.
(The prisoner received a good character, and was stated to be in great poverty.)
MISSES. ELLIS and BODKIN conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint I produce a copy of the record of the conviction of Charles Thompson at this Court at the January Sessions, 1840—I have examined it with the original record, and it is a true copy—(read.)
CHARLES PETTY (police-constable N 189.) I know the prisoner perfectly well—I was present when he was tried and convicted in the name of Charles Thompson, at this Court in Jan., 1840, for uttering counterfeit coin.
Sydney-place, Commercial-road. On the 29th of Oct., between half-pest one and half-past two, the prisoner came for a penny sheet of the best letter paper, and offered me a good half-crown in payment—I gate him 2s. 1d., which was all that was in that till, and I said I must trouble him to go to the other side for the rest of the change—I am quite sure the shillings I gave him were good ones—I saw them as they laid in the till, and on the counter, and I saw they were good ones—he rang them on the counter, and as I was crossing over to the other counter he called me back, and said that one of the shillings I bad given him was a bad one—I told him that I had given him two good ones—he asked me to look at one of them—Mr. and Mrs. Binstead were in an adjoining room—I called Mn. Binstead, and asked her in the prisoner's presence if she had taken the two shillings that were in the till that morning in the course of business—she said she had, and they were both good onesthere was no money in the till besides the 2s. 1d.—Mrs. Binstead said she was certain that he must have been there before, for she had too often been served such tricks as these—she looked at the bad shilling, and afterwards gave it to Mr. Binstead.
Prisoner. Q. Did not you ask Mrs. Binstead whether the had taken a bad shilling that morning? A. No—I asked her if she had taken the money that was in the till—I saw her give the shilling to Mr. Binstead—I did not see what became of it after.
JOSEPH GOLDIKO BINBTEAD . I was called into the shop on the 29th of Oct., and saw the prisoner at the counter—I received two shillings, and took a half-crown from the till—one of the shillings was bad—I kept it in my possession till I gave it to the sergeant at the station—I asked the prisoner what he had got to say in the matter, or what it was—he said the lady had given him a bad shilling—I asked who and what he was—he said he was a cabinetmaker out of work—I asked his address—he said he lived in Fore-street, Limehonse, and he did name the number—I cannot say what number it was, but I knew at the time that he did not live there, because I knew the number that be gave—I asked him what he wanted the paper for—he said to write to his sister—be wished the half-crown to be returned, which I declined doing, or the other money either—I sent my son for an officer, and Harris came.
Prisoner. Q. Who gave you the counterfeit shilling? A. I cannot swear who gave it, or whether I took it from the counter.
GREGORY WILLIAM PAGE . I am servant to Mr. Kay, a chemist, in Upton-place, Commercial-road, about two or three dozen yards from Mr. Binstead s. On the 29th of Oct., shortly after one o'clock in the day, the prisoner came and asked for a penny-worth of sugar of lead—I served him—he gave me a half-crown, which appeared to be a good one—I gave him four sixpences, and was about to give him fivepenny-worth of halfpence change, when he asked me if I had not two shillings instead of the four sixpences—I said, "No"—he said, "Give me the half-crown, and I will give you a shilling"—I did so, and he gave me the sixpences—he then gave me a bad shilling—I saw it was bad, but I gave him the change, without' saying anything to him—I let him go out of the shop, then called the man out of the yard to attend to the shop, and followed him—when he got a few doors past the shop, a woman came up to him, and walked with him, till they got a few doors past the George—he then parted from the woman, and went into Mr. Binstead's shop—I waited outside, and saw the policeman go in, and come out with him in custody—I went to the station—I kept the shilling which the prisoner gave me, in my hand, apart from all other money—I gave it to Mumford.
Prisoner. Q. If it was a bad shilling why did you give me the change? A. There was nobody in the shop but myself, and if I had gone to open the door, you might have gone out, and I might not have seen any thing more of you.
GEORGE MUMFORD (police-constable K 207.) On the 29th of Oct. I was called to Mr. Binstead's shop, and received the prisoner in charge—Page afterwards gave me this shilling—I searched the prisoner at the station, but found nothing on him—I merely looked into his hands at the shop.
MR. JOHN FIELD . I am inspector of coin to the Mint. One of the shillings produced by Harris is a counterfeit, the other is a good one—the one produced by Mumford is counterfeit—I have compared them, and they are both counterfeit, alike in all respects, and were both cast in the same mould—I am quite sure about that.
Prisoner's Defence. I deny being in the chemist's shop at all; I was at the other shop, and changed the half-crown; the woman gave me the two shillings in change; before she left the counter at all, I took them up, sounded them, and objected to one of them; she took it up, and said she did not think she had such a thing in the till; she called Mrs. Binstead, and asked if she had taken a bad shilling that morning; if she had been certain they were both good she would not have asked that question; she did not examine them, she only saw them lying in the till; the lady who actually took the money over the counter is not brought forward; I never had either of the shillings in my possession; if I had changed one shilling for another I must have bad another about me, and nothing was found on me.
GUILTY . Aged 30.— Transported for Ten Years.
ELIZA CHIFNEY . I am eleven years old, and live with my mother and father-in-law, Henry Hembrey, in Lascelles-place. On Lord Mayor's day I was walking in the Coal-yard, Drury-lane, with the baby, who had a coral necklace on her neck—I saw the prisoner take it off and run away with it—I ran after him, and kept by him—I lost sight of him for about five minutes—I did not see him stopped, but saw the policeman take him when he was stopped—I am sure he is the man that took the necklace—the policeman produced the necklace on taking the prisoner to my mother's house.
Prisoner. She was fighting with a little girl at the time, and must have dropped the necklace—I picked it up on crossing the road after she had gone—a woman saw me do so. Witness. I was fighting with a little girl just before he came and took the necklace—it did not fall from the child's neck—I saw him take it off—this is it.
JOHN CLEAVER . On the 9th of Nov. I saw the prisoner running up Brewer-street, and the policeman after him—I saw this necklace drop from his hand—I asked a lad to pick it up, and saw it given to the policeman.
JOHN WILLIAMS (police-constable E 31.) I pursued the prisoner into Brewer-street, crying, "Stop thief"—a baker stopped him—I asked if he was not ashamed of himself for stealing the necklace—he said he had done nothing of the kind, it was a person that had run round the corner—a lad brought the necklace to me, and said he had seen it drop from the prisoner's hand—this is the necklace.
GUILTY . Aged 21.— Confined Four Months.
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 20.— Confined One Year.
GUILTY. Aged 50.—Recommended to mercy. — Confined Three Months.
OLD COURT.—Thursday, December 1st, 1842.
Second Jury, before Mr. Common Sergeant.
18. JOHN SKINNER was indicted for feloniously breaking and entering the dwelling-house of Thomas Hems, at St. Dunstan's, Stebonheath, alias Stepney, on the 2nd of Nov., and stealing therein, 1 pair of trowsers, value 2s.; 1 gown, 1s.; and 2 handkerchiefs, 1s.; his goods; to which he pleaded
GUILTY . Aged 22.— Transported for Fifteen Years.
19. WILLIAM MARTYR and JOHN DEER were indicted for feloniously breaking and entering the warehouse of Thomas Wilkinson, and another, on the 22nd of Nov., and stealing therein, 169lbs. weight of raisins, value 2l, 10s.; 5 bottles, 1s.; and 2 quarts of wine, 12. 5l.; their goods:to which they both pleaded
GUILTY .— Confined One Year.
20. THOMAS O'NEAL was indicted for stealing, on the 30th of Oct., 65lbs. weight of lead, value 5s.; and 1 copper, 16s.; the goods of John Lee; and fixed to a building.—2nd COUNT, not stating it to be fixed.
JOHN LONG (of New Church-st., Marylebone, plumber.) On the morning of the 31st of Oct., I went to my shop, unlocked the door, went in, and the prisoner and two others came out at the private door, one with a copper on his bead, and the prisoner had the lead—I asked what they did there—they made no reply, but ran away—I followed, and took the prisoner—I am certain he is the man—I only lost sight of him once in turning a corner—the lead was thrown down in running away—I brought it back, went on the roof, and found the lead gone—that produced corresponds with what was on the roof, and was fresh cut—the house belongs to William Ward.
CHARLES BROOK . I live in New Church-street I saw the prisoner and two others come out of the shop—one had the copper—I did not see the lead—I followed, and saw Long stop the prisoner—I am certain of him.
Prisoner's Defence. I was in search of work, heard a cry of "Stop thief," ran, and was stopped.
GUILTY . Aged 20.— Confined Nine Months.
21. CHARLES POOLE was indicted for stealing, on the 9th of Nov., at St. James', Westminster, 1 butter-dish and cover, value 3l.; 1 stand, 3l.; 1 butter-glass, 14s.; 1 knife, 3s.; 1 fork, 2s.; and 1 pair of stockings, 3s. 8d.; the goods of William Saul Else his master, in his dwelling-house; and THOMAS ROMAN , for feloniously receiving the same, wellknowingthem to have been stolen; against the Statute, &c.; and that Roman had been before convicted of felony; to which POOLE pleaded
GUILTY . Aged 19.— Transported for Seven Years. WILLIAM SAUL ELSE (jeweller, of Burlington-arcade.) Poole was my errand-boy, and absconded on the 9th of November—I examined my shop, and missed the property stated—the articles produced are mine—this is part of the dish-stand and cover—I know nothing of Roman.
JOHN RALPH . I keep the Britannia, at Walcott, Bath. On the 12th of Nov., Poole came and left a bundle with me till the Sunday, and asked me to let him have 18d. on the knife and fork, as his cousin was coming from London to Bath—I let him have it, and 2s. on the butter-dish—the officers came on the Tuesday, and I produced these articles to them out of the bundle—on the Tuesday morning I saw Poole with Roman going from the house—Roman used to be at my house with a chair—I do not believe he ever saw Poole before the Saturday, when he came to my house—I never heard them have any conversation about the plate.
CHRISTOPHER YOUNG (of Batht pawnbroker)On Tuesday, the 15th, Roman brought to my shop two common jewellery articles, to ask if they were gold—I said not—he asked if I bought old silver—I said, yes—he produced one of these pieces of silver, which I took—he said he had more—I told him to bring the rest—I asked whose it was—he said it was his own—he left, and brought me eleven pieces—I had then an officer ready, who took him—he owned the property in both cases.
JOHN HYATT . I am an officer. I found Roman in Young's shop—Young delivered me these pieces of silver, and accused him of stealing them—he said it was hit own—he afterwards said he had given 1l. and upwards for it—he did not say who to—next day I took him before a Magistrate—he asked me for the silver—I said he could not have it—he said he would have a d—d row if he did not—he did not then know Poole was in custody.
Mr. ELSE. These articles are mine—there is eight ounces of silver, worth 2l., but it was worth 8l. before broken up.
Roman's Defence. I was at Ralph's; Poole came in, and I unhappily became acquainted with him; we had a glass of beer together, and on Tuesday he asked me to sell the old silver.
Before Mr. Baron Parke.
23. PETER BARRETT was indicted for feloniously assaulting Bridget Barrett, on the 28th of Oct., and wounding her in and upon* * *. with intent to murder her.—2nd COUNT, stating his intent to be to do her some grievous bodily harm.
BRIDGET BARRETT . I am the prisoner's wife. I have been in the Middlesex Hospital five weeks—on the 28th of Oct. we lodged at 10, Clark's-buildings, in Mrs. Guynon's room—my husband came home between eight and nine o'clock that night—I was then in bed in the room—he sat by the fire for a few minutes—then came to my bed-side, and asked me to get out of bed—I asked for what—he said, "Get out of bed"—I think he was rather intoxicated—I refused to get out of bed—he pulled me out, and I fell on the floor—I took a chair which stood by the bed-side, as I got up, and struck him with it—he immediately made a kick at me in* * *, which injured me—I
think he had boots on, as he generally wears boots—it was an accident—I know he did not mean to kick me in that violent way, but I put him in a passion by striking him with the chair—I was in the family-way, and am at present—it has not injured me in that respect—I bled from the kick—before I received the injury, I had been very delicate, and have staid in the hospital on account of my general health—I believe I have been kept there on account of the injury.
Prisoner. Q, Did I act bad in general for the nine or ten years we have been married? A. No, I have spent very happy times with him—he never was unkind to me before, and I know he did not intend to injure me—I wish to grant his pardon as much as possible—I have a child five years old, and we are dependent on him.
BRIDGET GUYNON . The prisoner and his wife lodged in the same room as me. On the 28th of Oct. he came in and sat by the fire—he got up afterwards and went to the bed—spoke to his wife, and told her to get out of bed—she would not, and he made several blows at her in bed, then pulled her out, and threw her on the floor—she got up again, and would insist on getting into bed—he pulled her out again, and gave her a kick in—, I believe—it was between her legs—he was not in liquor—I cannot say whether be intended to kick her there—I did not know that she had received a kick, till I saw the blood flow—he was in a passion—I do not know what had provoked him—I did not see her strike him with a chair—I saw the chair in his hand, and he made a blow at her with it, but I did not see it in her hand, nor see her do any thing to put him in a passion—she had nothing but her shift on.
Prisoner. Q Were we on bad terms?A. Not that I know—you made a blow at her with the chair, but I do not know that you hit her—I did not see you take the chair from her—I never said I would get evidence against you for a few shillings—I retail fruit at Coytnt Garden—my husband has been away for ten years—he was transported.
MARY REDDING . I lodged at this house, and was in the room on the 28th of Oct. when the prisoner came in—he sat down, and afterwards went to the bed side, pulled his wife out of bed, and gave her a kick as she was getting in again—I went out of the room when I saw the blood—she took a chair in her hand after she got one kick—I did not see her strike him with it—the prisoner had heavy boots on—I only saw her kicked once.
JURY. Q. Before she was pulled out of bed, did you hear them quarrel? A. No—he told her to get out, but I do not know what she said to him.
HONORA HANLON . I live in the next room to the prisoner—they had lodged with me for five weeks—about three weeks before this happened, I heard them quarrelling in their room, about half-past six o'clock in the morning—she followed him out on the landing, and asked him for something for herself and child—he said he had nothing for her, and if he did not kill her he would starve her—he was not in liquor.
Prisoner. Q. Did you see me assault her? A, No, but she had signs of blows on her forehead that morning—I heard what you said to her, and she told me of it too—it was Monday morning—she wanted money for clothes—I had a quarrel with you the night before—I have not said I would do all I could to get you punished—I said, you should not be with me, you should take her somewhere else to murder her.
waistcoat on—I said he would spoil it, besides I wanted it for another purpose—he said, "You don't, I gave you a deal of money on Saturday night, and you cannot want it, you must manage without it to-day"—I got out of bed and followed him to the landing place, but Hanlon could not hear what passed between us—I said, I should tell his brother he was wearing his best things—he went down, and I returned to my room—Mrs. Hanlon came out and said, "What is the matter?"—I said, "He has gone out with his best clothes"—the words she has expressed he never expressed—he was down three pairs of stairs before she came out—he said nothing of the sort, but the previous night she and him had abusive words, and she threatened she would do all she could to have her revenge on him—I did not ask him for money on Monday, and did not want the waistcoat, but thought it a pity he should go to work in it.
Prisoner's Defence. I never had any intention to injure her; I came home from work, there was no, supper ready; I asked her to get out of bed; she said she would not; I pulled her out; she took the chair and struck me; whether I injured her in falling I cannot say, but I have regretted it ever since.
GUILTY of an Assault. — Confined One Year
24. JOHN SUTHERLAND and PETER FREEGROVE were indicted for burglariously breaking and entering the dwelling-house of John Cowderoy, about one in the morning of the 18th of Nov., at St. Ann, Westminster, with intent to steal, and stealing therein, 1 crown, 1 half-crown, 4 shillings, 4 sixpences, 240 pence, and 1 franc, value 10d.; his monies.
JOHN COWDEROY . I am a grocer, and live in Grafton-street, Soho, in the parish of St. Ann, Westminster; Sutherland had been occasionally in my employ for about two years, I have seen Freegrove in the neighbourhood. On the 19th of Nov. I was watching my house, from the front room of the Brown Bear, which is exactly opposite, and about a quarter to one o'clock in the morning, I perceived Sutherland enter my private door—I presume he got in with a latch-key—the door was on the latch when I left it, about ten, as I have lodgers—I should say, decidedly, it was not open before I saw him go in—he shut the door after him, apparently—I then went down to the street-door of the Brown Bear, and, in consequence of information from the landlady, I went into the street, and saw Sutherland, within about three paces of my private door—I seized him, and saw Freegrove within about five paces—I rather think he was standing still—I was disguised, and they did not seem to suspect it was me—they were taken to the station, and on Sutherland was found 1l. in copper, and 19s. 10d. in silver, including a bad crown-piece and bad sixpence, a franc, and other money—I had a bad crown and sixpence among my silver—I had marked some of the money myself the previous evening—the franc was marked—it was my money—the copper was tied in four separate papers, with my mark on them—I had left the silver in a drawer behind the counter, and the copper on the counter—I went into my house, and found the partition shutter between the shop and passage forced from its place—on Freegrove was found Sutherland's shoes, and Sutherland bad no shoes on nor stockings.
Cross-examined by MR. BALLANTINE. Q. The partition is in the passage? A. Yes it is, in shutters—I saw my son close them at night—I found one of them out of the groove—it was taken out, not broken—it was drawn back, sufficient to admit an arm—they could not get into the shop without removing
the shutter further—I have missed money many times before, and the shutter has always been put back—the lodgers have keys to the private door—I cannot say that no lodger had come out after I left, as I took a circuitous route before I went to the Brown Bear,
DAVID SHEEN (policeman.) I was on duty in Grafton-street on the morning of the 19th, and about one o'clock saw Freegrove come down towards Mr. Cowderoy's house, and turn into Litchfleld-street and King-street—he came back the reverse-way, towards the prosecutor's house—I followed him to King-street, and at the end of the street I heard him whistle, near Cowderoy's house—I returned to Grafton-street to meet him, but he went
towards Seven-dials, and got nearly out of sight—in ten minutes or a quarter of an hour I heard a call of "Police," and found Sutherland in Mr. Cowderoy's charge—I took him and searched him at the station, and found two packages of copper in one pocket, and a ludfer-box of matches, a knife, and a key which I found opened the prosecutor's door—I found nothing on Freegrove, but knew him to be the same person who whistled, and went round the prosecutor's house—I saw a pair of shoes found on him, and Sutherland had no shoes.
Freegrove. Q. How do you know me? A. Because I saw you pass and whistle—I saw your face—I am certain of you.
WILLIAM MORRISS . I searched Freegrove, and found one shoe In each coat pocket—I asked him, in Sutherland's presence, whose shoes they were—he said, "They are his," pointing to Sutherland, who had none on—next morning Sutherland asked ma for the shoes, to walk to the police-court, saying they were his.
(James Reid, saddler, of Morrmonth-street; Thomas Welsh, of Earl-street; James Payne, Earl-street, Seven-dials; and John Dawson, Broad-street, gave Sutherland a good character.)
Freegrove. When Sutherland gave me the shoes he did not tell me what he was going to do; he asked me to mind them; I went to look after him, and he came out of the house.
SUTHERLAND— GUILTY . Aged 18.—FREEGROVE— GUILTY . Aged 20. Transported for Ten Yeart.
25. THOMAS CARNEY was indicted for stealing, on the 31st of Oct, at St. Leonard, Shoreditch, 1 watch, value 6l.; I watch-guard, 6d.; and 3 watch-keys, 6d.; the goods of John Cowell, in his dwelling-bouse; and CHARLES GOODENOUGH , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c
HANNAH COWELL . I am the wife of John Cowell, green-grocer, Eagle-street, City-road. On Monday morning, the 31st of Oct., from a quarter past eleven to twelve o'clock, I saw the prisoner Carney go out of our door—I had not seen him come in—I thought he had taken something from the window; but not missing any thing, I directly went to the parlour, behind the shop, and the watch was gone from the mantel-piece—I then followed, but could not overtake him—I saw him, to recognize him, in Westmoieland-place—I had seen the watch not three minutes before—there was nobody with him.
Carney. Q. You did not see me come in? A. No—you turned your race as you went out—I was agitated—I recognized you more in Westmoreland-place, which is ten or twelve yards from my house—I lost sight of you as I went to look for the watch—the neighbours did not come out—the watch was perfect.
eleven o'clock—he asked me to go and pledge a watch—I took it to the pawnbroker's—they stopped it, and sent for an officer, who returned with me to the shop—I found Goodenough, and Carney with him—they were taken in charge—Goodenough said Carney had picked it up in his presence, that he saw him pick it up in Smithfield, or something to that effect—Carney was present, but said nothing.
Cross-examined by MR. DOANE. Q. What were you before you kept a coffee-shop? A. I was a paper-hanger last summer—Goodenough used my coffee-shop, and I have known him about twelve weeks—he was a baker, I do not know in whose service—I cannot swear to his exact words—it was about twelve o'clock when I returned from the pawnbroker's—I was well known there.
JOHN DENNIS (policeman.) On the 1st of Nov. I was called to a pawnbroker's in Drury-lane, and found Lumley there, with a watch—I went with him to his coffee-shop, and found both the prisoners there—I asked Lumley which was the man that gave him the watch—he pointed to Goodenough—I asked where he got it—he said he had it to sell for a man—I said, "Where is the man you had it to sell for?"—he said, "The fact is, the watch was found"—I said, "Where was it found?"—he said it was found in Smithfield, that he saw the man pick it up, and thought he had a right to half of it—I said, "Where is the man who picked it up?"—he pointed to Carney—I said he must go to Bow-street, and explain it to the inspector, and took him there.
Cross-examined. Q. About what time was this? A. About half-past two o'clock—I am sure it was after two, for I went on duty at two.
Carney's Defence. On the rooming the watch was lost I was at Billingsgate at eleven o'clock, and can prove I was selling fish till one, to different customers.
HENRY PLAW . I am a barman, and know Carney—he sells fish—I saw him on the 31st of Oct., from twenty-five minutes to half-past eleven o'clock, in Tenter-street, Moorfields, about a quarter of an hour's walk from Eagle-street, selling fish, which he had on a board—I looked at the clock at the time, and recollected it when his wife asked me about it a day or two after—it was at my mistress's house he sold the fish—she keeps a public-house—be staid there about a quarter of an hour, selling the fish—I think he came at the time I mention—he took his boards with him—he went out to get the fish weighed.
ELIZABETH ROBINSON . I am a chandler, and live in Tenter-street. On Monday, the 31st of Oct., the prisoner served me with some fish, from a quarter past eleven o'clock to twenty minutes—he was in my house five or six minutes—he afterwards brought some skate to me to weigh.
MRS. COWELL. He was at my house at a quatter past eleven o'clock, as near as I can judge—I looked at the watch a few minutes before—he had no boards when I saw him—nobody had been to sell fish at my shop.
26. GEORGE PIZZEY was indicted for burglariously breaking and entering the dwelling-house of John Christoffers, about one in the night of the 13th of September, at Paddington, with intent to steal, and stealing therein, 2 bottles, value 6d.; 1 quart of wine, 4s.; 1 quart of shrub, 6s.; 1 fork, 2s.; 1 handkerchief, 3s.; 1 thimble, 1s. 6d.; 2lbs. weight of cigars, 2l. 10s.; 2 wine-glasses, 2s.; 1 half-crown, and 12 shillings; his property.
five o'clock—I was the first person up—I went into my bar, and found my drawers and boxes broken open, which I had left locked the night before—my cash-drawer was broken open, and 10s. in silver taken—I also misted a handkerchief, a child's thimble, some cigars, and other things, all of which I had seen safe the night before—the parties had entered by the tap-room window, the shutters of which I had seen fast at twelve the night before—I did not fasten them myself, but I tried them, and found them fast, after all but myself were gone to bed, and after I had turned all the people out of my taproom—the prisoner was one of those—the screw had been taken out of the shutters, that would enable them to push them down and open the window, which was not fastened.
JAMES COOPER . I am a waiter at a coffee-shop in Lisson-grove, about a quarter of a mile from the prosecutor's. On the 14th of Sept., about a quarter past six o'clock, the prisoner and two other young men came in, all three smoking cigars—the prisoner had some cigars in a silk handkerchief—he sold some cigars to my master, and I bought the handkerchief of him for 1s., and a dozen of cigars for 6d.—I afterwards pare the handkerchief to my master, and it was given to the policeman the next, morning—I asked the prisoner where he got the cigars from—be said he had brought them from Manchester, in a boat. GEORGE TILBY. I keep the coffee-shop. I saw the prisoner there about half-past six o'clock on the morning of the 14th of Sept.—he showed me some cigars tied up in a handkerchief, said he had brought them up by the boat, and would let me have a lot cheap—I bought between seventy and eighty of him—he offered to sell me the handkerchief, which I refused, and Cooper bought it—it was afterwards given to Somes, the policeman—he also offered me a child's thimble, but I did not buy it.
CHARLES SOMES (police-constable D 34.) I was in the coffee-shop, having my breakfast, when the prisoner came in—I saw him with a quantity of cigart in a silk handkerchief—I afterwards got the handkerchief from Tilby, and produce it.
JOHN DENTON (police-constable T 203.) I took the prisoner into custody on the 27th of Oct—I searched him at the station, but found nothing on him. Prisoner's Defence. I told the coffee-shop keeper that I found the cigars behind a cart, tied up in the handkerchief; that I did not know what to do with them, and would sell them; he said he would give me a halfpenny each, and I said he should have them.
GUILTY . Aged 21.— Transported for Ten Years.
27. ROBERT RAYNER was indicted for feloniously assaulting Isabella Rosina Mackenzie, on the 10th of Nov., putting her in fear and danger of her life, and taking from her person and against her will, 1 shawl, value 1l. 1l., the goods of Henry Mackenzie; and immediately before, at the time of, and after the said robbery, beating, striking, and using other personal violence to her. MR. CLARKSON >conducted the Prosecution.
ISABELLA ROSINA MACKENZIE . I am the wife of Henry Mackenzie, a surgeon, and live at No. 41, Charlotte-street, Portman-square. On Thursday evening, the 10th of Nov., I had occasion to leave home about half-past eight o'clock, and after I had transacted the matters for which I went out, I was on my way home through Westmoreland-street, between ten and eleven—I stopped at an oyster and fish stall there, and had some oysters—I sent for a pint of ale, merely put my lips to it, and gave it to the fishmonger—I also purchased
some herrings to take home—three persons came up while I was at the stall, not all together, but separately—the prisoner was the last of the three—the first one spoke to me, and went away, and returned again while the prisoner was there—the prisoner talked to the fishmonger, and said he was out of work, and also to the second person, that came across and bought some fish, who he appeared to know very well—he asked the second person to treat him, as he was out of work, and said if he had been out of work he would have treated him—he had not spoken to me then—I was waiting for my fish to be tied up in a paper bag—the prisoner then said to me, he wished he could get some one to treat him, and I gave him 6d. at the stall—I then went away to go home, he followed me directly, and asked me to allow him to carry my fish—I thanked him, and said no, I could carry it myself—I had a large bag on my arm, with other things in it which I had purchased—I proceeded straight towards my home—he followed me to Duke-street, which is in a line with Charlotte-street—I told him not to follow me, that if my husband saw him following me he would be very angry; that I wanted nobody to carry my fish, and told him to go away—he then said "Good night," and appeared to leave me—he went from me, and returned back again in an instant, as if he was going to speak to me—he did not speak, but put his hand on my chest, pushed me down on some iron railings, and, when I was down, dragged my shawl off my shoulders—it was pinned very fast—it was not a very violent push, but my right shoulder was cut with the fall—I have not had the use of my band since—he ran away with the shawl up Duke-street, round by the church—I got up, and ran after him as well as I could, and cried out "Stop thief"—I did not overtake him—when I found I could not overtake him, I went round Portland-place, to see if I could see him any where, but I could not, and then went home—I think I was at the fishmonger's stall from ten minutes to a quarter-of-an-hour altogether—the prisoner was there about ten minutes—I had an opportunity of seeing his face—there was a light at the stall—my husband was not at home when I got home, but when he came home I told him what had happened—I saw the policeman about eight next evening, and gave him a description of the person who robbed me—about nine that night I accompanied the policeman to No. 12, Westmoreland-street—I stood across the road whilst the policeman went and knocked at the door—I saw the prisoner, and recognized him—the constable came to me, and I said, "That is the man"—the constable went and took him—I went over to the house, and saw him in the passage—I said, "You have stolen my shawl last night"—he said, "Me stole your shawl?"—I said, "Yes, you did"—that was all that passed—my shawl was worth a guinea—I have no doubt whatever that the prisoner is the man that took it—I attended before the Magistrate next day—at the second examination, Mr. Wooller attended for the prisoner, and called the fishmonger as a witness.
Cross-examined by MR. BALLANTINE. Q. Your husband is a medical gentleman, is he? A. Yes—he does not practise much now—he has not practised lately—he has been out of town—he practised about six months since, in London and out of London—he lived where he does now, and practised as a medical man there, and has always done so until now—his name is not on the door—he is a surgeon—we have been living in Charlotte-street nearly twelve months, but we have been out of town six months—I have been in town two months this last time, and have been living with my husband in Charlotte-street the whole of that time—my husband was not at home when I went out on the night in question—I went to meet him—I was to meet him between eight and nine o'clock—I was to walk down George-street, Bryanstone-square—you go down Marylebone-street to it—on leaving home I went
down Marylebone-street and George-street—I did not meet my husband there, and returned back to go home—I met a lady and gentleman in Marylebone-street, just out of High-street, friends of mine that we knew very well, (Mr. and Mrs. Young)—I walked with them a little wayjup Portland-place—Mr. Young went into a house there, and I waited outside with Mrs. Young for about a quarter of an hour, walking up and down—I then went to a shop in Oxford-street, and bought some ribbon—I think it must have been near ten then—I did not go anywhere else, only to that one shop—I went to a pastrycook's exactly opposite the fish-stall, and to a milliner's in Portland-street, before I went to the fish-stall—I did not go anywhere after going to the fish-stall—I think I went to Portland-street before I went to George-street, but I would not be certain—I did not go in, I merely went to the door—I saw some of them—I sent the fishmonger for the ale—the prisoner was not there then—I took nothing but ale—it was as near eleven as possible when I got home—my husband did not come home for two hours after—I did not wait up for him—I told him that night that I had been knocked down and robbed of my shawl—I did not go to any police-court in the course of the next day, not until the evening—I then went to the inspector in Marylebone-lane.
MR. CLARKSON. Q. Did your husband go with you? A. Yet—my husband is not the housekeeper of No. 41, Charlotte-street—he occupies the ground-floor, and some rooms up stairs—I bad never teen the prisoner before that night.
GEORGE ROGERS (police-constable D 71.) Mr. and Mrs. Mackenzie came to me on the evening of the 11th of Nov.—she gave me an account of what had happened to her on the night before—she described the person of the party, in consequence of which I took her to No. 12, Westmoreland-street—I sent Mr. Mackenzie to knock at the door—Mrs. Mackenzie was on the opposite side—the prisoner opened the door, and shut it again immediately, before Mrs. Mackenzie could speak—I then went and knocked at the doer—a female living in the front-parlour opened it—I went into the front-kitchen, and found the prisoner sitting there—Mrs. Mackenzie was with me, and when she saw the prisoner she said, "That is the man"—I brought him up in the passage, and Mrs. Mackenzie said, "You are the man that robbed me of my shawl"—he said, "Me? nonsense!"—I took him to the station—the next day, as I was taking him to the office, I cautioned him to say nothing to criminate himself—he said, "Do you think, if I was to send my wife and get the shawl, that the lady would prosecute me then?"—I said, "You had better not say any thing to me"—on the second examination an attorney appeared on the part of the prisoner, and called the fishmonger as a witness—I knew him very well.
Cross-examined. Q. How many time were you examined on this charge? A. Twice—I was not asked about this conversation the first time, the Magistrate stopped me in my evidence—the prisoner said it immediately after I told him to say nothing to criminate himself—within five minutes—he did not say it in answer to that caution—I had said nothing to him immediately before he said it—he was walking by my side—I am sure he said, "the shawl"—I had not mentioned the shawl to him then—I had done so when I took him the evening before.
MR. BALLANTINE called
MR. CLARKSON. Q. Are you the person who appeared as a witness for
the prisoner before the Magistrate? A. Yes—I am not acquainted with him, further than by his coming to my stand and dealing with me for a herring, or something of that sort, the same as any other person—I was never in his house—he is married—I have not come to speak to his character, but with regard to the prosecutrix's conduct at my stand.
COURT. Q. What was her conduct? A. She came up to my stand, about a quarter to eleven o'clock, and asked how I sold my oysters—I said "4d. a dozen"—she had a dozen—while she was eating them, she asked me if I could get her a drop of ale—I said I could, and brought her out a pint—she gave me a small glass out of it, and drank the rest herself—after that she bought some herrings of me—while she was buying them, a Jew, that lived in Marylebone-lane, came up, and she spoke to him directly—what words passed I cannot remember, further than I saw some pins which he was showing her—she said she would not buy any of him in the dark—she then pressed on his arm, to see her home as far as Charlotte-street.
MR. BALLANTINE. Q. Did any thing take place about any gin? A. Yes—she said she would stand a quartern of gin, if the Jew would see her as far as Charlotte-street—he refused to do so for several minutes, but she pressed him so at last, that be said he would see her home, if she would make haste, as he must get home to his wife and family—she did stand the quartern of gin, she paid for it, and gave the Jew a glass, me a glass, and had a glass herself—I think it was about a quarter to eleven o'clock when she came to my stall—I cannot say to a few minutes—I should say it was about twenty minutes or a quarter after eleven when she left.
MR. CLARKSON. Q. Who was the Jew? A. He keeps a coffee-shop in Marylebone-lane—I cannot tell the number—I do not know him—he told me that he kept a coffee-shop in Marylebone-lane the day before, when he came to my stand and bought some fish—the prisoner was at the stand—the prosecutrix did not give him 6d., that I saw—I did not hear him say be was out of work—he did not say so to me, nor to any body in my hearing—he did not ask any body to treat him, in my hearing—I knew be lived next door but one to where my stand stood—I had seen him, I might say, three or four times before, seeing him go by as I sat at my stand—I should say Marylebone-street is about three minutes' walk from Westmoreland-street—I have not been to inquire for the Jew since—the prosecutrix went away with the prisoner—she had got her fish tied up in a paper bag which I had given her—I got the gin from Mr. Skelton, the landlord of the public-house, who will be here in a few minutes—I did not tell Rogers, the policeman, that the lady was perfectly sober, and was very much ill-treated—I swear that—the policeman came to me, and asked if I knew any thing of the circumstances—I said I knew nothing at all about it, no further than the lady came to my stand, and bought the things of me—he said, "Can you say she was in liquor?"—I said, "I cannot say that she was sober"—he asked me if I would come up as evidence for her if I was required, and said, "If you should be wanted to attend I will come for you, and she will handsomely reward you for your trouble"—I said if I came up, I should speak the truth, as far as I knew, and Mr. Skelton can prove the same.
MR. BALLANTINE. Q. How long have you kept this oyster-stall? A. About five or six weeks—the policeman came to me on the Tuesday night, as near as I can recollect, but I am not sure—this occurred on the Friday—Mr. Skelton was not with me at the time the policeman came.
COURT. Q. Are you sure the lady took some of the gin? A.. Yes.
MR. CLARKSON re-called
MRS. MACKENZIE. I did not put my hand on the arm of any Jew, or invite
him to see me home that night—I did not send the fishmonger for any gin, nor did I partake of any gin with any of the party that night—I am quite sure of that.
MR. BALLANTINE. Q. Did you see any Jew that night while you were at the stall? A. Yes, I did, and bad some conversation with him—he showed me some jewellery, pins and brooches—I swear I never touched him at all, or said a word about his going home with me—I knew of the policeman going to the fishmonger—I did not send him—he went himself—I had gone to the fishmonger myself first—I knew of Rogers going to him—I sent him.
GEORGE ROGERS re-examined. When I went to Marsham he told me that the lady was perfectly sober, and was very much ill-used—I asked him several times if the lady was in liquor—he never told me that he could not say she was sober—he said that she paid him for his fish quite correct—I did not say that the lady would handsomely reward him if he came forward—I said he would be satisfied for his trouble if be did come, if he knew any thing—he said if he did come he should only speak the truth—I did not endeavour, directly or indirectly, to induce him to state what was not true—I had no direction from any body to do so—I went to him to inquire what he knew of the transaction, because the lady told me that was where she first fell in with the prisoner.
MR. BALLANTINE. Q. How came you to ask whether the lady was in liquor? A. Because he said that she had some ale there—that was the only reason—I did not know the lady, and did not know any thing of the circumstances, and I wished to know the rights of it—I had never seen Mrs. Mackenzie before, to my recollection—I might have passed her in the street—I knew Mr. Mackenzie four years ago, in Dorsetshire—I was not aware that he was in London until this circumstance—then, for the first time, I spoke to him—I never knew that he was a medical man in Dorsetshire—no one told me to tell Marsham that he would be satisfied for his trouble—I was quite aware that he would be satisfied for his trouble by the County.
COURT. Q. Did he say any thing about her having any gin? A. No—I did not ask him about gin—at the time the prisoner spoke of getting back the shawl, he said, "I was very drunk at the rime." NOT GUILTY .
First Jury, before Mr. Recorder.
GUILTY. Aged 21.—Recommended to mercy, — Confined One Month,
GUILTY . Aged 31.— Confined One Month.
30. JOSHUA GORDON was indicted for stealing, on the 21st of Oct., 1 writing-case, value 3l.; 1 writing-desk, 8l.; 1 guitar, 1l. 10s.; and 1 flute, 12l. 12s.; the goods of Robert Hicks, in his dwelling-house.
ROBERT HICKS . I am a surgeon, and live in Old Burlington-street. My house is in the parish of St. James, Westminster. This is my flute—it is worth twelve guineas—I missed it on the 21st of Oct., from my house—I know nothing of the prisoner.
Cross-examined by MR. PAYNE. Q. I believe you lost other property? A. Yes—the whole of which I have recovered, except the guitar.
known the prisoner about twelve months—he frequented my house until within the last three or four months—I also know a brother of his—on the evening of the 25th of Oct. the prisoner and his brother came to my house—I served them with a pint of ale—they staid about a quarter of an hour—the prisoner produced this flute, and told me he had purchased it of a young man rather respectably dressed, who said he was hard up—he said it was of no service to him, and if I would give him 30s. for it, I should have it—I looked at it, and not considering it of any very great value, I said I would give him a sovereign for it—he said if I gave him a sovereign and two bottles of stout, I should have it—I gave him a sovereign and two bottles of stout, which were drank by the prisoner, myself, and parties, in the house—next day I saw in the Police-report, that there had been a writing-desk, a flute, and other articles stolen from Mr. Hicks's—I immediately took the flute to Mr. Hicks, and told him how I became possessed of it.
Cross-examined. Q. Who was present at the time the flute was sold? A. Several persons—it was openly sold—I believe he bore a good character.
WILLIAM HORSNELL (police-constable G 172.) In consequence of information, I apprehended, the prisoner on the 6th of Nov., close by Temple-bar, walking with two other young men—I went up and told him I wanted him to go with me for the flute—he said he would go—on the way I asked if he knew a young man named Watts—he said no—I afterwards saw Watts in Newgate, (he was tried last Session, by the name of Smith,) and knew him as having seen him with the prisoners some time before the robbery—I went and fetched Mr. Paine, who identified the prisoner as the person he had bought the flute of.
ROBERT COLE (policeman.) I received the flute from the prosecutor on the 7th of Nov.—I was in company with Horsnell on the 6th of Nov., in Fleet-street, and saw the prisoner walking with another young man, and a lad just behind him, following two ladies—we took him into custody—Horsnell told him he wanted him for a flute—he said, "I will go with you"—I asked whether he knew the charge we had against him—he said, no—I said it was for stealing music—I took him to the station, sent for Mr. Paine, and when Mr. Paine came, the prisoner 'said, "Oh, that d—d flute, I bought it of a man that was hard up"—I asked if he knew the man—he said no.
WILLIAM ROWLAND (police-constable H 120.) I accompanied Horsnell on the 7th of Nov. to Newgate, and he pointed out Smith in the prisoner's presence—I had Smith in my custody last Session. NOT GUILTY .
Third Jury, before Mr. Recorder.
WILLIAM BETTERIDGE . I am a grocer, and live in Eagle-street, City-road. My brother-in-law, Thomas Paine, then kept the house—the prisoner was his servant—I had a clothes-box in my bed-room, containing two 50l. notes and other notes, in a handkerchief at the top of my clothes—I have the numbers of them—I locked the box on the 16th of Nov., and put the key into my pocket—I opened it again on the 18th—my money was safe then—I shut it again, and, as I thought, locked it; but I afterwards found that the hasp had not caught, and locked it that night without examining my money—on the 20th, I unlocked
it, and missed two 50l. notes from the handkerchief—the rest of the money was there—I told my sister of my loss, and asked the prisoner if she had seen any thing of value in my room—she said she had not—I went for a policeman—I could not find one, and when I returned, there was a policeman in the house—I saw two 50l. notes in his hand, Nos. 77, 201, and 77, 204—I never said that I might have had the notes out, and mislaid them—I am sure I did not mislay them.
Cross-examined by MR. BALLANTINE. Q. Are you quite sure of that? A. I do not know that I did, and do not believe I did—there were two more 50l. notes, four 10l., and four 5l. notes—I had all of them out on the 16th, and to the best of my knowledge I put them all in—they were rolled up in a handkerchief.
MARY PAYNE . I am the wife of Thomas Payne, who kept the house, 27, Eagle-street. The prosecutor, who is my brother, slept in a bed-room on the staircase near the kitchen—the prisoner was in my service three weeks and three or four days—on Sunday, the 20th of Nov., my brother complained of missing some money—I went to the kitchen, and told the prisoner that my brother complained of losing some notes, and asked her if she had them, which she denied—I said, I knew she had them; if she would give them up, I would forgive her—she first said that the young man had mislaid them—she afterwards complained of wanting to go to the water-closet—I went with her, and then repeated the question, and said, "If you give them up, you shall be forgiven"—she did not answer—I said it was useless for her to try to disguise them, for as soon as she was searched, the cesspool would be searched—she said, "What, search this place?"—I said, "Yes"—she then took the notes from her bosom, gave them to me, and said she had found them behind the box.
Cross-examined. Q. She came from Godalming, I believe? A. Yes, and ours was the first situation she came to.
JAMES GODFREY (policeman.) On the 20th of Nov., I received two 50l. notes from Taylor, a policeman—I was present at the Police-court when the prisoner was under examination—I heard the Magistrate ask her what she had to say—she said, "I was sweeping the room, and found the two notes
behind the box."
NOT GUILTY .
JOSEPH KIRKHAM . I live with my brother Christopher, a grocer at Twickenham. On the 18th of Nov., the prisoner came to the shop, and requested change for a 10l. cheque, and produced this cheque—I asked his name—he said his name was Brown, that he lived at Kingston-house, and that he had dealt at our house, and frequently sent a boy overfor goods—I told him I could not conveniently give him change—he then said, "If you will give me 5l. on account it will be sufficient, as I am going to London, and I will call for the remainder in the morning, I will leave it in your possession—I saw it was dated 4th of Sept., and thinking it suspicious that it should be dated so far back, I immediately suspected it was not genuine, as we had no customer named Brown living at Kingston-house that I knew of—Mr. Davis, a butcher, came in at the time, and made a sign, which made me suspect that it was not genuine—I told the prisoner that I thought it was not a genuine cheque, and asked him if he dare take any money on it—he immediately took up the cheque off the counter, said no, and ran out of the shop—I immediately
followed him, and about 100 yards off overtook him—I threw him down—he resisted, hit me over the hand with a stick, and got away—I followed him again, saw a man named Priestly in the middle of the road, and told him to stop him, which he did—he was brought back to the house—a constable came, and found in his hand the cheque he had produced to me, and also in his pocket another cheque for the same amount, purporting to be drawn on the London and Westminster Bank—I gave him in charge—I had the cheque in my hand—I had possession of it.
Cross-examined by MR. BALLANTINE. Q. You said that he laid it on the counter? A. I said, he presented it to me, and I took it—I did not at once ascertain that it was a false cheque—I had it in my own possession, and laid it on the counter for him to take it up again—I should have taken it if he had been a customer, if I had not been suspicious, from its being dated so far back.
CHARLKS DAVIS . I am a butcher, and live in Heath-lane, Twickenham. On the afternoon of the 18th of Nov., the prisoner came to my shop, and asked if I could change a 10l. cheque for him—I said I could not—he said I should very much oblige him if I could, or would get it for him, and he would give me 10s. for my trouble—I went and asked a neighbour to come in and see if he knew the party—he said, "No"—I brought the cheque back, and gave it to him again, as I could not change it—I asked if he was known in the neighbourhood—he said, "Yes," that his brother lived at Kingston-house, and that his name was Captain Adelaide, or Captain Corfield, I do not know which—I noticed the name of Murray in the corner of the cheque—I cannot say which cheque it was.
RICHARD REGENT (constable.) I observed something going on in the street, and took charge of the prisoner, by Mr. Kirkman's desire—I took out of his hand a cheque dated 4th of Nov., and found this other in his pocket—he complained of being ill used, and knocked down—his hand was bleeding very much—I said he had got himself into trouble—he said he knew he had done wrong.
Cross-examined. Q. Did he not say he knew he had done wrong in taking the cheque? A, I am sure he did not say so.
JAMES HOBLYN . I am cashier of the Marylebone branch of the London and Westminster Bank. I know nothing of the prisoner—he had no account with us—we have no account with any person named S. Murray—we have with David Murray, but his handwriting does not in the least resemble that on this cheque.—(Cheque read)—"London and Westminster Bank. 4th Nov., 1842. Pay to Mr. Brown, or bearer, 10l.—S. MURRAY.") I pay cheques—I do not keep the books—a book is kept with the names of all our customers in it—I have looked at that book, to see whether any S. Murray banks with us, but my mind was quite made up before that—if any S. Murray did bank with us, the book would show it—the book is filled up by the parties themselves—they sign their own names—the books show who does or does not bank there—I am supposed to know every person that banks at our house—I know we have no account with any S. Murray—I know that partly from the books, and partly because every new account is mentioned to me instantly—new accounts are always made with the manager—the book is in the office for reference to by the clerks—it is not here, nor is the manager—it is an incorporated banking company—several hundreds of persons bank at our branch—every time a new account is opened, the book is brought and shown to the cashiers—I might or might not see the party—the manager always sees them in the first instance.
Q. Then, have you any knowledge, except from some book which you assume
to contain the names of your customers, who banks at the house or not? A. No—I have it from the manager every time a new account is opened—I should say be would be able to prove whether a person kept an account there or not—the manager makes the entry—if I had paid the cheque, I should have been the sufferer.
NOT GUILTY .
33. BENJAMIN REED was indicted for stealing, on the 7th of Nov, at St. Marylebone, 32 rings, value 8l., and 1 tray, 2s.; the goods of Mary Harding, since deceased, in the dwelling-house of Richard Patterson.
MARY CLAYTER . I was servant to Mary Harding, a widow, since deceased, who kept a jeweller's shop in Holies-street, and another in Oxford-street—I was employed to mind the shop in Oxford-street—it is in the parish of St. Marylebone, and is the dwelling-house of Richard Patterson, who lives in it. On the afternoon of the 7th of Nov. the prisoner came and asked if we wanted an errand-boy—I said no—as he was going out at the door he was laid hold of by a policeman, and I heard something drop on the floor, but did not see it drop—the policeman picked up this tray of rings, which I afterwards missed from a glass case in front of where the prisoner stood—it was broken, and there was a bole large enough for a hand to be put in.
EDWARD LANGLEY (police-sergeant A 11.) I was passing down Oxford-street on the afternoon of the 7th of Nov., and saw the prisoner enter the shop on his toes softly, and go up to the glass case, which was on the counter—he put his right arm over the case, and with his left, while looking the female in the face, took the tray out of the ease, which she did not observe—I saw him coming out with it, and caught hold of him—he dropped it from his hand—I picked it up, and it contained these thirty-two rings—he had on a pair of a kind of India-rubber slippers, very soft—I did not notice his head at that time, but after he was committed the gaoler brought in a very handsome wig, and said, in the prisoner's presence, that in putting him into the cell, he observed he bad got a wig on; and when I saw him in the dock without it, I hardly knew him again—Mr. Ross, a hair-dresser, has since claimed that wig.
HENRY HARDING . I was in the employ of my mother, the late Mrs. Harding—I live in Holies-street. I was sent for to the shop in Oxford-street, and found the prisoner there in custody—these rings were my mother's property, and are worth 8l. at least.
(David Nelson, cordwainer, No. 19, Monmouth-street; and John Hickie, shoemaker, No. 457, Monmouth-street; gave the prisoner a good character.) GUILTY . Aged 17.— Transported for Ten Years..
34. MARY JONES and ANN JENKINS were indicted for feloniously assaulting George Samuel Gill, on the 28th of Oct., putting him in fear and danger of his life, and stealing from his person and against his will, 1 purse, value 6d.; 8 sovereigns, and 4 half-sovereigns; his property. GEORGE SAMUEL GILL . I live in Whiskin-street, Clerkenwell. On the night of the 28th of Oct. I was going home through Field-lane, and the two prisoners laid hold of me by each arm—I swear positively to Jones, but not to Jenkins, any more than that I afterwards picked her out from two other girls—to the best of my knowledge, she is the person—after a little time, I got Jenkins from my right arm, but Jones kept hold with both hands on my left, so that I could not get away from her—we got up as far as the new church, Saffron-hill, where there is a court—they wanted me to go up this passage, which I refused to do, and at that moment I felt Jones's hand in my pocket—Jenkins stood close alongside—I put my hand outside my thigh, to feel if my purse was safe, and found it was gone—I instantly laid hold of her wrist, hallooed "Police" as loud as I could, and never let go of her till the policeman came
—the other escaped—Jones denied having robbed me—she was taken to the station—I lost eight sovereigns and four half-sovereigns—one of the sovereigns was a dragon sovereign, which I had taken on the previous Monday, and I noticed it, thinking it was a light one, before I put it with other money, that I should know where I took it from—on the Saturday I was at the Police-court, and Jenkins and two other girls came there—Jenkins was taken into custody, searched, and eight sovereigns, two half-sovereigns, a half-crown, and sixpence, found on her—one sovereign had a dragon—I cannot speak to the money beyond that—it was in a leather purse, which has not been found.
Cross-examined by MR. PAYNE. Q. What are you? A. An ivory turner—I had been up to the west end of the town, on business with a friend, and been at my friend's house to supper—I had a drop of porter, and prior to that, from eight o'clock till eleven, I and two friends had two pots of ale—nothing else—that was at a public-house in Shoe-lane—it was near twelve when I met the prisoners—I was quite sober—I would not drink anything, as I had particular business to do next day—the prisoners came behind me, and one laid hold of one arm, and one the other—I said I wanted nothing at all to do with them—I walked on, expecting they would leave me go every minute, but I could not get away—they stopped at the end of the court, and in a moment Jones took my money—I did not go up the passage with her—she pulled me up the passage after I was robbed, to try to get away—I had got hold of her wrist—nothing passed between us, further than their entreating me to go home with them, and I refusing—I could not go away, they had fast hold of my arm—I could have got away if I had used violence, but it is not a very nice place to get into any bother—it was my nearest way home.
THOMAS DEAN (police-constable G 37.) The prosecutor called me, and gave Jones into my custody—be had hold of her wrist at the time, and charged her with stealing eight sovereigns and four half-sovereigns from his breeches' pocket—Jones denied having seen him—next morning, after Jones was remanded, Waddington the gaoler went outside, and fetched in Jenkins and two other girls—I assisted in searching her—she made great resistance—it took four of us to bold her down—Waddington took some money from her bosom, in a purse.
Cross-examined. Q. It was not the prosecutor's purse? A. No—she tried to bite and kick us, and laid hold of her gown by her teeth, to prevent our getting our hands to' her purse.
GEORGE WADDINGTON . I am gaoler at Clerken well Police-court While Jones was being examined, on the Saturday, I went into the passage, and saw Jenkins and two other young women, and directed them to be taken into my room to be searched—I observed Jenkins doing something underneath her clothes with her hands, as if putting something from one hand to another—I immediately seized her hand, and said I would have what she had in her hand—she immediately put her hand under her clothes, and dropped whatever it was into her bosom—I said, "It is no use, I must see what it is"—she threw herself down, and kicked and bit us—I put my fingers down her bosom, and pulled up this purse, containing eight sovereigns, two half-sovereigns, a half-crown, a sixpence, and two duplicates—the sovereigns were wrapped up in a bit of rag—one was a George-and-dragon sovereign—we asked the prosecutor if he could speak to any of the money, and before I opened the bag he said there was one with the George-and-dragon on it.
Cross-examined. Q. How many were there of you? A. Two inspectors, a private, and myself—the other two young women were there—they said immediately that they were ready to be searched.
MARY ANN FRANKLIN . I live in Field-lane. A little before two o'clock on Saturday morning, Jenkins came to me and said she had got no place to go to; that a friend of hers was locked up for being in liquor—she slept with me—she left me in the morning, and said she would take Jones her breakfast, and go over the water to get a young friend to come over to see her—she came to me and asked me to go to the office with her and Jane May, which I did—I know nothing of Jones—Jenkins and I were brought up children together.
JANE MAY . I live in White Horse-street, New-cut, Lambeth. Jenkins came to me on Saturday morning, and asked me to go with her to a person who was locked up that night for being tipsy—she did not say who it was—I went to the office with her.
Jenkins's Defence, I never saw the prosecutor; the father of my child gave me the money in the New-road.
JONES— GUILTY . Aged 20.—JENKINS— GUILTY. Aged 23.—of stealing from the person only,— Transported for Ten Years.
OLD COURT.—Friday, December 2nd, 1842.
Third Jury, before Edward Bullock, Esq.
35. GEORGE BAKER was indicted for stealing, on the 12th of Nov., 1 gelding, price 5l., the property of Charles Collard:—also, on the 20th of Nov., 1 gelding, price 2l., the property of John Baker; to both which he pleaded
GUILTY . Aged 25.— Transported for Ten Years,
GUILTY .— Transported for Ten Years,
GUILTY .— Confined Twelve Months,
38. LUCY WILLIAMS was indicted for stealing, on the 30th of August, 1 shawl, value 30s.; 1 pair of stays, 3s.; 30 yards of calico, 15s.; 1 pair of trowsers, 7s.; 1 pair of shoes, 5s.; 1 pair of boots, 4s.; 3 scarfs, 7s.; 25 yards of lace, 30s.; 6 yards of insertion, 3s.; 2 towels, 1s.; 1 clock, 5s.; 1 ring, 4s.; and 1 breast-pin, 4s.; the goods of Thomas Bristoll, her master.
AGNES BRISTOLL . I am the wife of Thomas Bristoll, engraver, of King William-street. The prisoner was in my service for thirteen weeks, and left on the 30th of Aug.—the articles produced are mine, and were missed from the store-room.
Prisoner. Q. When I first came, you missed a pair of trowsers and a gown, and said the other servant must have taken them?A, I did not miss them till after you came—you never went out to get me spirits.
WILLIAM POCOCK . I am a policeman. I apprehended the prisoner in Eagle-street, Strand—I asked if she had lived servant to Mrs. Bristoll, in King William-street—she said she never did—I asked if her name was Williams—She said not—I told her the charge—I found the pair of stays and flannel-petticoat produced, on her bed—she said they were her own—that she bought the stays some years ago.
Prisoner's Defence. I gave 2s. for the petticoat; Mrs. Bristoll hat often had it in her hands in the wash.
GUILTY . Aged 62.— Confined Six Months.
JACOB PHILLIPS . I am a slop-seller, and live in Bluegate-fields. On the 31st of Oct. a person named Caroline Jones came to my shop, with her landlady—I saw the prisoner standing in the passage—after they were gone I received information, and went to a house in Bluegate. place, I saw the prisoner there, and this canvas frock and waistcoat, which are mine, and had been in my passage when the prisoner was there—I went home, and missed some flannel drawers—I returned to the prisoner, and said I had missed some flannel drawers, and if she would give them to me I would not give her m charge—she said she knew nothing about them—I gave her in charge, and two pairs of flannel drawers and a waistcoat were afterwards found in a corner, covered with a rug—these are them, and are ray property—Jones told me, in the prisoner's presence, that the prisoner had taken a pair of drawers that were hanging in the passage, handed them to her, and she had chucked them down by the yard door—she showed me the place, and I found them there.
CAROLINE JONES . I have known the prisoner about six weeks—she did not lodge in the same house—I was at Mr. Phillips's shop with her—she took a pair of drawers, and gave them to me—I told her she should not get me in any disgrace, and I chucked them down at the back door—I afterwards found the waistcoat and frock in my room, and asked the prisoner if she had brought them there.
SARAH STREET . I was in Jones's room—the prisoner came in with a box and a bundle—she gave me the box, and turned down the bed—I asked what she was going to put there—she said, a flannel petticoat, a chemise, and a pair of stockings—I said I would see what it was—she said I should not—I afterwards saw Jones take this waistcoat and frock from the bed.
JAMES MALIN (policeman.) I took the prisoner at No. 9, Bluegate-place—I found this canvas frock and waistcoat lying on the floor by her side, and saw these two pain of flannel drawers and this other waistcoat found behind the door—the prisoner said she knew nothing at all about it.
GUILTY. Aged 19.—Recommended to mercy. — Confined Three Months.
Before Lord Chief Justice Denman.
MR. CLARKSON conducted the Prosecution.
MARGARET DOOLEN . I am the wife of John Doolen, of Royal Hospital-row, Chelsea. In Oct. the prisoner and his wife lived in the same house as I did—they occupied the front room at the top of the house—we had the first floor, immediately under them—on the 26th of Oct., about five o'clock in the evening, I heard Mrs. Williamson screaming very bitterly on the stairs, and in a minute and a half she called to me by name—I went to her, at my husband's request—I found her standing against the banisters, with her right hand under her head, leaning on it, and where she stood was nothing, but blood, and half-way down the stairs from her own room the blood was running down—the blood was coming from the top of her head—I heard somebody overhead at the time—I asked what had happened to her—she told me—I assisted her into my room, put her on a chair near the door—I bad not seen the prisoner at all—I washed her head, and took her to a doctor in George-street, which is three doors off—he dressed her head—I went with her to her daughter's house, and saw her put into a cab, to go to the hospital, with her daughter—I had seen the
prisoner and his wife about four o'clock come from the public-house opposite—they were both tipsy.
Cross-examined by MR. JONES. Q. How long have you known the prisoner? A. Three years—he has lived there with his wife all that time—he is a Chelsea pensioner—they were always quarrelling, but I never knew her quarrel with anybody else—I used to see her drunk in his company—they seemed very drunk at four o'clock—when I first law her she was leaning on the banisters at my door, which is the next landing to her own room—I beard nothing pass between them—she was about fifty-two years old—she bad a girl, about twenty-one years old, living with her—I cannot say whether she had been out drinking with her—I did not see the prisoner afterwards till he was at the station.
JOHN DOOLEN . I am the witness's husband. I was at home, in my room, in Hospital-row, on the evening of the 26th of Oct.—I remember hearings a scream from the prisoner's wife—before that, I had heard a fall, up and down, time after time, of two individuals scuffling—it was the scream of a woman—I next heard her crying, in a faint voice, for my wife to come out—I knew it was the prisoner's wife, Sarah Williamson—she called more than once to her—I said, "Open the door, and see what is the matter"—my wife brought her into our room, and after striving to stop the blood, which flowed most copiously from her, she took her to die doctor's—ten or twelve minutes after she was taken out of the house, I overheard a noise like the breaking of crockery—I did not see the prisoner after that, but I heard him, at least I heard somebody, come down stairs from his room—I did not see him, but I heard his voice, and knew it to be his voice—he went opposite to the Coach and Horses public-house—I heard him come in again, in five or six minutes, and he again began breaking crockery overhead—after making the last breaking of the things, I heard him say, "I will let them see who. is master in this house"—he went away to the College—I cannot say whether it was his usual time of going to the College—they have permission to sleep out at times—Mrs. Williamson was a very heavy, portly woman—if the had fallen down stairs that evening while I was there, I must have heard it from where I sat, and where the blood lay—if a cat bad fallen down I could not but have heard it—I was at home all the evening, sitting at my own fire-side—she did not fall down stairs that afternoon—I had been sitting there an boor and a half or two hours before I heard the scream.
Cross-examined. Q. You did not hear her come down stairs when she cried out? A, No—I first saw her when my wife brought her into my door from the landing—I am not deaf nor hard of hearing—I work as a mason—I do not know whether the prisoner slept at the College or at home.
RICHARD EDWARDS . I am chief-clerk at Queen-square Police-court. At the first examination of the prisoner Mrs. Doolen was examined—a statement was made by the prisoner, which I took down in writing—it was read over to the prisoner, he signed it—it was afterwards subscribed by Mr. Burrell, the Magistrate—this is it—Mr. Burrell had told him he need not say any thing—(reads)—"The prisoner on his examination says,' I can only say she had been out and got drunk, and I left her at the Coach and Horses public-house, and I went home and lit the fire, and boiled the kettle; she then came home. I went to make the tea, and found tea-leaves in the pot, and I asked her if she had any tea; she said, 'D—you and your tea too.' I had put hot water to the tea-leaves in the pot, and she took up the pot, and the threw the pot and water at me, and the hot water came all over my face; then she took my watch from the drawer, to be off with it. I demanded it of her, and she gave it to me; she then set to and broke the tea-things and plates she
then went, as I suppose, to go down stairs, and she tumbled down two pair of stairs. ROBERT WILLIAMSON." —Mrs. Williamson was not present at this examination, she was at the hospital—the Magistrate waited on her at the hospital, as she was considered in danger—the prisoner was also taken there—she was examined, and her deposition was read over in his presence and hearing—it was on the 3rd of Nov. I took her statement from her mouth—it was read over to her, and she put her mark to it—she was examined on oath.
MR. JONES. Q. Was any body there attending for the prisoner? A. No, he put questions to her himself through the Magistrate—(reads)—"Sarah Williamson on oath says 'I am the wife of Robert Williamson, and lived with him at No. 12, Royal Hospital-row, Chelsea. Yesterday week, in the afternoon, I went out with my husband, as I thought quite comfortable together; we went to the Coach and Horses public-house, and he was with me there for two or three hours; we had some drink, but nothing out of the way; we came away together, between four and five o'clock, and went home to our own room. He is always very jealous of me, and particularly so when he has a drop of drink. After being up stairs a short time, he called me an old w—, and said I had been out w—g with a man; and he jumped up and took the poker, and said he would murder me, and hit me a severe blow on the head, where this wound is. I then ran down stairs, and hallooed,' Murder!' my husband followed me down stairs with the poker, and he there struck me with it on my arm, saying he would do for me, for I was nothing but a b—old wh—Mrs. Doolen came to my assistance, and took me into her room, and took the bloody things off me, and she has got them now; she then took me to the doctor's, in George-street, and he said the sooner I was taken to St. George's Hospital the better. I was married to my husband four years ago next January. I do not recollect that I threw the tea-pot at him, and I do not believe that I did. Ill tell you the beginning of it, sir; he was short of money, and I pledged my shoes for 18d.; and I bought some soap and other small articles, and I gave him sixpence.
SARAH X WILLIAMSON (her mark.)"—The witnesses were examined afterwards on the same subject, and the prisoner was asked if he had any thing further to say, and told he need say nothing unless he pleased—I took down his statement, read it over to him, and it was subscribed by the Justice—(reads)—"The prisoner says what I have stated before is correct."
Cross-examined. Q. In what state did Mrs. Williamson appear when she made the statement? A. She was in a shocking state from inflammation of the head, but perfectly intelligent, surprisingly so—the Magistrate was susprised to find her so intelligent and clear in her recollection—she was in bed—it was the morning after the prisoner was taken.
COURT. Q. The observation about not recollecting whether she threw the tea-pot at him, I suppose, came from a question by him? A. Yes, he made a similar statement at the Police-court, he nearly restated it, and Mr. Burrell asked if she recollected that.
ESTHER TANNER . The deceased, Sarah Williamson, was my mother, by a former husband—I am living in service in Clark's-place, Islington. I lived with the prisoner and deceased at Chelsea, ever since they were married, and left on the morning this happened, to go to Islington—I saw her at St. George's Hospital that evening, and went from there to the lodging in Royal Hospital-row—the middle of the stairs from Mrs. Doolen'sroom to my mother was very bloody—I went into the room, and found the things broken about the room, all the crockery ware—the bed was taken off the bedstead, and put on the ground, and water appeared to have been thrown all over it—the plates, dishes, and every thing were broken to pieces—when I left in the
morning the usual fire-irons were there—I could not find the poker in the evening, but it was there, for I found it on the Friday morning, laying on the hearth, and the crockery ware all on the top of it—the room was then as I had left it on Wednesday night—after seeing my mother on Wednesday night, I went on Thursday morning to the College, and saw the prisoner—I said, "Mr. Williamson, you have done a nice thing now, mother has told me you have struck her on the head with a poker; she u in the hospital, and not expected to live"—the answer he made, was, "A good job, and a very good job if she went mad, for I do not want to have any thing more to do with the gang of you"—he got one of the College-men to have me put out—I was not violent towards him—I was too much distressed—I spoke to him quietly—the poker now produced is the one I saw in the morning—I am certain it was not bent then, but when I found it it was bent just as it is now.
Cross-examined. Q. Were you in the habit of living at home with them? A. Yes—I was at home a long while, but went out to work regularly—the prisoner and I have very often quarrelled—he would quarrel with any body, no matter who—I am not quarrelsome—I bad not quarrelled with him for months I swear—he often told me to leave the house—I always had my mother's sanction for stopping there—I was not out with my mother that day—I left at nine o'clock, after breakfast—my mother got the breakfast ready, but I had the poker in my hand, to stir the fire, as we had some baoon for breakfast, and I was in a hurry—I swear the poker was not bent at all then, I saw it so often—when I saw the prisoner at the College, I spoke civilly to him—I was examined before the Magistrate—I have mentioned before to-day, that I told him he had done a nice thing, and struck her with the poker—all the College-men were there—I very seldom went to the public-house with my mother, if I did it was to fetch her home—she never drank unless it was with him—I have seen her drinking at the public-house without him, but she was not much there without him—she used not to go out unites with him—I have seen her drink when he was not with her—I have teen her the worse for liquor when he was not there—she has not come home repeatedly in a drunken state, when he was not with her—she sometimes had a drop when she was with my sister—I have come home at times and found her, not to say drunk, but the worse for liquor—she never spent hit money—she was allowed money by a gentleman—he only had 6s. 8d. a week—she could not spend that—he used to bring his meals home from the College for the family—he slept At home on Saturday and Sunday nights, very seldom on other nights—he is sixty-three years old, I believe.
MR. CLAEKSOH. Q. What was your mother's age? A. Fifty-four—the formerly kept a public-house, and a lady, named Cox, made her as allowance, and the gentleman paid it after the lady died—I do not know what it was—she received it once a month.
COURT. Q. Was it yon took her to the hospital? A. No, my married sister Ann Lane.
MR. JOKES. Q. When you saw him at the College on Thursday, did you observe any thing on his face? A. He had a sort of scrafteh, or something on his face—it could hardly be perceived—he told me my mother had thrown the teapot at him, and scalded his face.
GEORGE AUGUSTUS DAVIS . I am house-surgeon of St. George's hospital. On the 26th of Oct., a little before seven o'clock in the evening, the deceased was brought to the hospital—I attended to her about a quarter before nine—she had been attended to before by another surgeon—I examined her head, and found a wound about three inches long on the top part of her head, near the centre—it went down to the bone—the bone was not broken, but exposed—the poker produced is calculated to inflict such a wound, if used
with considerable force—she had a contused wound on the left arm—that might have been inflicted with the poker—on the third day after she came in, she had a general inflammation on the head—her death was caused by secondary abscesses of the left thigh and right breast, caused by the absorption of matter from the head, and sloughs came away—she was getting better, but on the 14th of Nov. she was attacked with shivering and sickness, never rallied afterwards, and died on the 19th—I made a post mortem examination of the body, and found the membranes of the brain perfectly healthy—there was matter on the veins of the left thigh, and they were inflamed—it was there I had observed the secondary abscesses had begun to form—there was also an abscess under the right breast—she died of the inflamed veins and the secondary abscesses, caused, in my judgment, by the wound in her head—I have not the slightest doubt of it.
Cross-examined. Q. Did she begin to improve till the 14th? A. She got worse at first for five or six days, then began to improve, and up to the 14th was getting a great deal better—she appeared a healthy person, and, I should say, did not appear addicted to intemperance, but she told me she had been in the habit of drinking gin for the dropsy—she was very fat, but at the post mortem examination I found she had no dropsy—I should say if she had been used to drink it would affect her general health.
Q. Supposing she had been drunk, and she came down flat on the stairs, might not the wound be produced by falling against the edge of a staircase or stair? A. It might—we kept her on low treatment at first, but were obliged to stimulate her after the first two days, and gave her gin—she was a very large woman of colour, fifty or sixty years of age, I thought.
COURT. Q. Explain to the Jury how the injury to the head would produce the abscesses? A. From the absorption of matter into the veinous system—it runs into the body, and forms abscesses—several sloughs came from the head. MR. JONES to E. TANNEE. Q. Had your mother abscesses before? A. I do not recollect it—she was often ill at times—the doctor told her she had the dropsy, and must drink gin for it
(The prisoner received an excellent character.) GUILTY of an assault only. Aged 68.—Recommended to mercy on account of the provocation received, and his character, — Confined One Year.
Before Mr. Baron Parke.
MR. BALLANTINE conducted the Prosecution,
MARY ANN PALMER . I am the wife of James Palmer, of York-street, Westminster. On Friday evening, the 25th of Nov., I saw the prisoner with the deceased—I never saw either of them before—they were not quite opposite my door—the prisoner was supporting her on the right side, and a woman on the left—the woman appeared very much intoxicated—when she came opposite to my door she fell in nearly a sitting position, and when she fell I saw the prisoner kick her—I think it was a little above the right knee—he kicked her very violently, but only once—she laid there for a second or so—he lifted her up, and immediately afterwards threw her on the pavement—she fell on the left side—her head went on the pavement, and there was blood on the place where she fell—I did not particularly observe her head—after a few minutes he raised her and threw her down again, but not so violently—when he kicked her she said, "Oh, you good for nothing wretch"—he picked her up after the last time she was down, and carried her across the road—she appeared quite senseless then—the prisoner appeared sober, but I did not take particular notice of him.
Cross-examined by MR. CHARNOCK. Q. She appeared much intoxicated? A. Yes—it was about ten minutes to one o'clock in the day-time—there Were very few persons present—it was raining very hard at the time, and the street was very clear—I did not see the first of it—if there was much dust the rain would make it slippery—the prisoner was supporting her on the right side, and a woman on the left, helping her along—I cannot say whether that woman was sober—my attention was drawn to the deceased and the prisoner—I did not hear the prisoner use any expression—he appeared supporting her—when he kicked her she was sitting on the stones, and the other woman was rather supporting her back—I am certain he kicked her, with his left foot—I did not hear him say, "Why don't you get up, and come along?"—I never heard him speak—I was about three feet from him—I looked all round, and saw no policeman—I do not think her weight caused her to fall—I was terrified, and turned away, saying, "Oh, good God, there is a man has killed a woman, look at the blood"—I never saw her afterwards—he lifted her entirely in hit arms, and carried her across the road.
JOHN GODFREY PALMER . I was called out by my wife on the 25th of Nov., and saw a woman laying on the pavement—the prisoner and a female were by her—when I had been out about a minute, I saw the prisoner lift her off the pavement, and put her nearly on her legs—she did not appear able to stand—when he found she could not stand he threw her from him—he tried first to set her on her legs—he took her up again, she could not stand, and he threw her down a second time in my presence not so violently—the back part of her, head struck on the curb-stone on the first fall, and I saw blood where her head laid—after throwing her from him the second time he took her up, and carried her away in his arms—I did not see the first fall.
Cross-examined. Q. I believe she was in a state of great intoxication? A. I cannot say—he endeavoured to place her off her feet, but she could not stand—he threw her from him—I was about three feet from her—the prisoner did not say in my hearing, "For God's sake assist me in taking her home, she is bad in liquor"—I do not know the woman's name—I did not notice whether the deceased was a stout woman.
WILLIAM DODOI . I am an undertaker. On the 21st of Nov., I was at work for Mr. Bangham, York-street, Westminster, and saw the prisoner with a woman leading a drunken woman along between them—they Came next door to Palmer's, and I taw him let the drunken woman down, apparently by accident—he then raised her, and wanted to persuade her to go home—he let her down again, I thought not by accident, and when she was down kicked her—I remonstrated with him for his cruelty, and told him to put her aside so that a policeman might take care of her—he told me to go to hell, it was no business of mine—I saw him take her up again, and push her from him—she fell rather on her right side—her head went on the flag stones—he pushed' her from him—it appeared more the back part of her head struck the ground than the side—I saw blood from the back of her head apparently, on the stones—it was raining very hard at the time—he afterwards took her up, and carried her away—he had said, "Why don't you get up?—I should say she was too drunk to get up—she appeared very obstinate indeed, in the first instance, in not keeping her legs—I will say I only saw him push her once—I do not say the second time that he pushed her intentionally, but at the time he kicked her he let her fall, not pushing her from him—he dropped her twice, and once pushed her from him—I did not see her fall after her head fell on the flags.
Cross-examined. Q. Did you know the prisoner? A. No—I heard no words or passion on the part of the prisoner—she was a middling-sized
woman, not very heavy, I think, but I did not notice much—he endeavoured to keep her up in the first instance—I did not see her stand at all—I am certain he kicked her—it was the motion of his foot towards her, I am certain—he was very much excited, and appeared to me to kick her to make her sensible of feeling.
ALICE WOODS . I knew the prisoner and the deceased—she went by the name of Ellen Derrick—they lived in Gardener's-lane, York-street—on the Saturday morning, at half-past seven o'clock, the prisoner came to my room, and asked me to come with him to see this woman—he called her his wife—he said she had got very drunk the day before; that he had carried her home, laid her down on the bed, and she had not awoke since—I went with him to Smith's-rents, York-street, and found her on the bed on her back, snoring very hard indeed—I live about three minutes' walk from them—I wiped her mouth—it appeared nothing but slobber which comes from persons' mouths when tipsy—I told him to go for a doctor—he said, "Where to?"—I said, "Go for Dr. Davis"—he went out immediately—while he was gone a little thick stuff came from her nose and mouth—there appeared blood in it—I threw the window up—I sent another woman for the prisoner, and immediately after, Derrick died—the prisoner returned, said he had been for Dr. Davis, but he was very ill, and could not come—he went back again, and fetched him.
Cross-examined. Q. How long had you known the deceased? A. Twelve or thirteen years—she had lived with the prisoner ten years, and passed as his wife—they always lived on kind terms, and were very fond of each other—she was very much addicted to drink, and when drunk did not eat any thing, I believe, for a week together—she took his things and pawned them, and her own too—he said he found her in this state when he awoke, and had come to me—he appeared very anxious about her—I never knew him inflict any violence on her—he was kind and humane to her—I laid out her body, and saw no marks of violence.
DR. JOHN WRIGHT . I live in Prince's-court, Storey's-gate. I received an order from the Coroner to examine the body of Ellen Derrick—I made the examination on Monday afternoon, the 28th—there was a very slight bruise on her right knee—a fall, striking the knee against any bard substance, would produce it—the body was in a healthy state—there was a severe contusion on the left side of the head, at the back—I opened the head—there was no fracture—within the skull was a quantity of extravasated blood on the brain, corresponding with the external contusion—it was caused by a rupture of the vessels produced by the injury received on the head—the brain itself was in a healthy state—there was effusion of blood on other parts, from the same cause—in my opinion her death was caused by the extravasated blood from the ruptured vessels of the brain.
Cross-examined. Q. The bruise on the knee had nothing to do with her death? A. No—she was rather a heavy woman, and of full habit—being intoxicated, the vessels would be gorged with blood, and be more likely to rupture, and the fall would be greater—I believe the prisoner requested a post mortem examination, before the Coroner ordered it.
(This being read, stated, that the prisoner was leading the deceased home in a drunken and senseless state; that he was assisting her, and was obliged from her helpless state and great weight, to put her down on the pavement three or four times, but that he had not kicked or ill-used her; that he carried her home, and put her to bed.) NOT GUILTY
Before Lord Chief Justice Denman.
42. SARAH BEAL, MARY ANN ADLAND , and CHARLOTTE ADLAND , were indicted for stealing, on the 27th of July, 1 bed, value 3l.; 1 bolster, 7s.; 2 pillows, 5s.; 2 pillow-eases, 1s.; 2 sheets, 5s.; 2 blankets, 7s.; 1 counterpane, 2s.; 1 looking-glass and frame, 10s.; 1 set of fire-irons, 3s.; 3 knives, 1s.; 3 forks, 1d.; 2 candlesticks, 2s.; and 1 carpet, 4s.; the goods of William Olliver.
ELIZABETH OLLIVER . I am the wift of William Olliver, a carpenter, of Starr-street, Edge ware-road. In June last the prisoners Beal and Mary Ann Adland took furnished apartments at our house, and remained till Sept.—the other prisoner came the evening they did, and lodged there—Beal said Charlotte Adland was her cousin—I said I did not like her coming backward and forward, and then she said she was her sister, and she supported her, as she was very badly off—I missed Mary Ann Adland on Thursday, and on the Friday they all left—my husband had given them notice, and I expected them to leave on Saturday—on the Friday my husband had sent for Beal, as she was out very late the night before—I was not present, but after that she came down to me—I saw her last in the house about three o'clock on Friday afternoon—I did not see any of them after that—on the 16th of Oct. I saw them all three in one room, in Whitechapel, and gave them in charge—I have seen some of the property since—this sheet has my name put on it, which I did myself—it was in the room when they took it—I have the fellow to it—this candlestick and this table-cover and carpet I know—they were missing when they left—here is another sheet, a bed, pillow, blanket, and a variety of things,
which are Ours.
FERRAND GIRLING . I am to Messrs. Mills, pawnbrokers, of Edgeware-road. This blanket and pillow were pawned on the 2nd of Aug. by Beal—I have a dressing-glass, pawned in the name of "Ann Evans," I do not know who by, and a sheet, pawned on the 12th of Aug., in the same name, I do not know who by—I gave the persons duplicates—I hare seen all the prisoners at our shop, and two of them together.
JACOB TUENER . I live with Mr. Gideon, pawnbroker, Stafford-street, Liston-grove. I took a feather-bed in pawn for 17s., on the 6th of Aug., in the name of "Sarah Evans," and a bolster, on the 9th of Aug., in the name of "Ann Evans"—I gave the party duplicates—I do hot know either of the prisoners.
WILLIAM JACOCKS . I am a policeman. I searched Charlotte Adland—I found twelve duplicates, relating to property belonging to a Mrs. Bailey, and for a sheet of Mr. Olliver's—they were in a table-drawer.
Beal's Defence. I should not have left the house, but Mr. Olliver called me down, and told me to leave—I wished to remain a week or fortnight, but he would turn me out that instant—I wished that time to make the things right.
Charlotte Adland's Defence, I was only there occasionally—not lodging with my sister.
BEAL— GUILTY .
MARY ANN and C. ADLAND— NOT GUILTY .
Whitechapel. The prisoners took a furnished room at my house three weeks before they were taken. On Sunday, the 6th of Oct., the constable came to my house, and took them—I went up to the room, and missed a feather-bed, and several other articles, which were let with the room.
MRS. BAILEY. This is my bed—I made the tick, and I know my sewing.
Charlotte Adland Distress was the cause of our doing it. BEAL— GUILTY .—ADLAND— GUILTY .— Transported for Seven Years (There was another indictment against the prisoners.)
HUGH WELSH COOPER . I am a builder, of Grays' Inn-road. On the 4th of Nov., the prisoner was in my employ at a house in Long-acre—I went there between three and four o'clock in the afternoon—I looked into a closet in the room—there was a quantity of lead and glass in the room, which was mine, and in the closet, in the prisoner's bat, I saw about 51bs. of lead, covered over with his dinner-bag and gloves—I afterwards said to him, "Brown, is this your hat?" he said, "Yes"—I said, "How came this lead here?"—he said, "I did not put it there"—I placed the hat back in the closet—there was a coat laying on the left hand side of the hat—I passed my hand over it slightly, and thought I heard glass graze together—I left Harvey, my foreman, in the room, went for a policeman, and gave the prisoner in charge.
Cross-examined by MR. BALLANTINE. Q. How long had you been at work at the house? A. About two months—I have forty or fifty workmen in different parts of the bouse—I had not received information from anybody—I merely went as usual—the prisoner said it was his hat—no complaint had been made to me of the loss of the articles—I asked if it was his coat, he said yes—he has been several times in my employ.
HENRY HARVEY . I am foreman to Mr. Cooper. On the 4th of Nov. I was at this house—I saw the hat in the closet, and the lead in it—Mr. Cooper handed me the coat—I felt the glass in the pocket—I kept the coat till the policeman came, and give it to him—he took the prisoner in charge—I saw forty-three small panes of window-glass found in the pocket—it is such glass as we were using there, and the same sizes, and the lead was the same kind.
Cross-examined. Q. Had you received information from anybody? A. Only when Mr. Cooper sent for me into the room—I was superintending the men—the prisoner was in the habit of taking his coat off to work—I never knew him leave it anywhere but in the cupboard—I cannot say whether he had been out.
EDWARD HARRISON . I am a policeman. I took the prisoner in charge—the coat was brought with him to the station—I found this glass and lead—he said nothing to me about it—he said somebody must have put the lead into his hat.
MR. BALLANTINE. Q. DO not you know he is a small tradesman, in the same line himself? A. I do not.
Witness for the Defence.
JOHN GRANVILLE . I am in the employ of Mr. Cooper, at the house In Long-acre. The prisoner was at work there on the 6th of November—he superintended the job—he came and stopped with me an hour and a half or two hours in the building, but away from the room—he was in and out (The prisoner received a good character.—See page 44.)
GUILTY.—Recommended to mercy by the Jury, — Confined One Year.
Before Lord Chief Justice Denman.
MR. BALLAMTINE conducted the Proteoution.
GEORGE SAUNDERS . I am a labourer at the London-docks. I was in the docks on the 9th of Nov., about half-past twelve o'clock—I saw a man, who I believe to be the prisoner, coming in a direction from the back of the East quay—I saw him go to some molasa-caska, and ttoop, as if putting something between them—he went away, and went back to the same spot, and stooped again, then came towards where I waa, stopped a few minutes, looking round, and returned round the corner out of my sight—I went to my work—at three o'clock the same person went by me again, and looked towards the molasscasks, returned and came back again—I had informed Hawkes, the foreman, who desired me to watch, and about half-past four, I saw the person again, coming in a direction from the East quay, he passed near the molass-casks, returned, went a few steps beyond them, then turned back to them, pulled his hat off, went on his knees, and reached between the casks with his arms to the fall extent, as if taking something from between them—his hat was close by him—I could not see whether he put anything into it, but ha put his hat on and walked away.
Cross-examined by MR. PAYNE. Q. How aear to him was yon at one time? A. About ten yards—I was inside the warehouse, looking through a window-place, on the first floor, ten or twelve yards from the casks.
JOHN HAWKES . I am foreman in the South quay warehouses. On the 9th of Nov., I received information from Saunders, who described a person to me in a shooting-jacket and overall-coat—I watched within fifty yards of the molass-caaks, and in about five minutes saw the prisoner come down the archway, where the molass-caiki are stowed, and remain at the bottom of the archway three or four minutes—after he went away, I went and found a brass bearing laying between two casks and under another, and a fender placed before it—persons pasting womld not notice it—I took it out, put it back again, and was watching at three o'clock, in a shed opposite the archway, and saw the prisoner come by the place down the archway, looking right and left till he came near where I was—he then looked right and left, returned towards the East quay, passed the casks, and looked at them—I continued there till half-past four, then saw him come down the archway, go to the casks, look at the spot attentively, eosae down the front towards where I was, he returned aid came to the casks, kaelt down, took his hat off, and seemed to put something into it, then went out of my sight—I went towards the archway—I saw the prisoner at the tail of a wagon, which was orating out, and saw him raise his arm as if placing something in the wagon—I was at the fore part of the wheel, and heard the clink of one metal against another—I looked, and saw the same brass bearing in it—the prisoner was dressed as Saunders has described.
Cross-examined. Q. How near was you when you saw him at the tail of the wagon? A. I was by the shaft horse—I had gone a different way, and came in front of the wagon—he came behind it—only the side of the wagon was between us—he was about the centre of the wagon—I had been watching through the fissure of a shed door.
JOHN CLEMENTS . I am a constable of the London-docks. I received information, and watched the molass-casks, about half-past four o'clock, and saw the prisoner crouch down, take his hat off, and apparently put something into it, stoop his head down, and put the hat on with both hands—he then went round the warehouses—I afterwards saw him at the wagon, and took the brass bearing out of the wagon—this was about two minutes after I had seen him at the casks—I missed a bearing of this description, and have the fellow one here—it weighs nineteen pounds.
GEORGE STEEL . I am a labourer in the East quay warehouse. I was packing up some brass fittings of this description on the 9th of Nov., and left them laying there at twelve o'clock to go to lunch—this bearing is exactly the same length and appearance.
(The prisoner received a good character.)
GUILTY . Aged 37.— Confined Four Months.
Before Mr. Baron Parke.
47. JANE BIGGERSTAFF was again indicted for stealing, on the 3rd of Oct., 1 cloak, value 2l. and 1 printed book, 1s.; the goods of the Rev. James William Minshull Worthington, from the person of James William Minshull Worthington.
JAMES WILLIAM MINSHULL WORTHINGTON . I am seven years old, and am the son of the Rev. Dr. Worthington, of Mecklenburgh-street. In October, at the end of the month, I was walking in Holborn, at half-past ten o'clock in the morning, with a book and cloak on my arm, coming home from school—the prisoner met me, and said, "How do you do?"—I said, "Quite well"—she said, "You know Dr. Worthington?"—I said, "Yes"—she said, "If you go down to No. 15, Chancery-lane, you will see a boy, named John, who will give you a bat and ball"—I said I could not go down there, as I had my cloak and book—she said, as she was going home to my mother, she would take them home for me—she took them—I went to No. 15, Chancery-lane, but saw no boy there—I went to No. 16, found no boy there, and a gentleman there wrote a note to my father when I told him of it—I saw nothing more of the prisoner—I am quite sure she is the person.
JAMBS DAVIS . I am eleven years old, and live with my father, in Finsbury market. I know the prisoner—I saw her the latter end of Oct. at Brook-hill, near Gray's Inn-lane, with a book—she gave me the book, and said I was to take it home to my mother, and she would know what it was—I took it to my mother—this is the book.
MASTER WORTHINGTON re-examined. This is the book the prisoner took from me—my father supplies me with clothes—his name is James William Minshull Worthington—he is a clergyman and a Doctor of Divinity.
GUILTY . Aged 17— Transported for Ten Years.
(There were three other charges against the prisoner.)
Before Lord Chief Justice Denman.
ALFRED SPRING . I am foreman to John Simpson, boot and shoemaker, Tottenham-court-road. The prisoner kept a shop in Tottenham-court-road—on the 28th of Oct. he came to our shop, and said he was going to outfit a gentleman who was going abroad, and who wanted some boots and shoes, and asked if I would allow him to take a few pairs to show him—I gave him five pairs to take with him—he came again the same evening, and took away three pairs more—he said he would take them to the gentleman, try them on, and bring them back again in twenty minutes, or the next morning—he never returned—those boots were not fit for sale—these now produced are them, and what he took away that day.
Prisoner. Q. Can you swear these are your boots? A. Yes—there is no private mark on them, but I can swear to the man's make—we employ him entirely—he does not work for any other shop, that I am aware of.
JAMES GOLDBR . I am in the service of a pawnbroker, in Tottenham Court-road. I have a pair of Wellington boots, pledged by the prisoner, on this 28th of Oct., about four or five o'clock, in his own name—I knew him well. ALBERT KING . I am shopman to Mr. Thompson, pawnbroker, East-street, Marylebone. I produce three pairs of Wellington boots, pledged in the name of John Henderson, I believe, by the prisoner, but I could not swear positively. FREDERICK TURNER . I am a pawnbroker, and live in Crown-row, Walworth-road. I produce two pairs of boots, pledged on the 29th of Oct., I believe, by the prisoner, but I do not know.
Prisoner's Defence. I have resided in Tottenham Court-road about twelve years, and have known Mr. Simpson nine or ten years, and have dealt with him five or six years, and he has dealt with me; we have had a running account up to the present time; he owes me an account now, and I owe him for things had by my wife and children; he has two pairs of shoes of mine to repair now.
ALFRED SPRING re-examined. There is no account in our book, nor do I know of any—we have repaired his boots occasionally—we opened an account two or three years back with Mrs. Henderson, when he was abroad, and she has hitherto paid us when anything has become due—he left two pairs of old boots behind when he took a new pair away, and we have got them now—the pair he had is now put down to Mrs. Henderson—we never had an account with him. NOT GUILTY .
ALFRED SPRING . The prisoner came a second time on the 28th of Oct., he said the gentleman liked the boots very well, but he wanted something stouter, and there was another gentleman, a friend of the gentleman who would purchase the others, and he thought he should sell them all—I let him have two pairs stouter—he took up one pair of his own accord, and said he thought they would do—I allowed him to take them—they were about the same thickness as those he had had before—these now produced are two of those pairs—the prisoner was afterwards brought to London from Portsmouth—Bennett the policeman (who is unable to attend) received instructions in my presence from the superintendent, to go to Portsmouth after him.
Prisoner. Q. What kind were the other pair? A. Snow, or drugget boots—I know these two pairs well—this pair were bespoke—I bad not sold any of the same kind.
about half-past eight o'clock in the morning of the 29th of Oct., for 14s—I believe by the prisoner, but I am not certain.
Prisoner's Defence. There is an account standing between Mr. Simpson and me; I served him myself with three pairs of kid gloves eight or nine weeks ago.
(The prisoner received a good character.) GUILTY . Aged 34.— Confined Six Months,
Before Mr. Baron Parke.
50. WILLIAM BROWN was indicted for stealing, on the 1st of Nov., 35 panes of glass, value 3l.; 2 lbs. weight of lead, 9d.; and 1 lb. weight of solder, 10d.; the goods of Hugh Welsh Cooper, his master. MR. PRICE conducted the Prosecution.
HUQH WELSH COOPER . I am a builder. I went on the 4th of Nov., to where the prisoner was at work for me—in consequence of what happened there I gave him in charge—I had a quantity of glass at the house, email and large panes, and lead.
Cross-examined by MR. BALLANTINE. Q. Had you a large quantity of glass in the premises? A. Yes, some hundred squares—they were cut from old sashes.
HENRY HARVEY . On the 4th of Nov., in consequence of what occurred in Long Acre, he was asked at the station where he lodged, and said at No. 4, Cock or Duck-yard, Westminster—I went there with the policeman, but could not hear any thing of him—I afterwards went to No. 10, Owen's-court, Goswell-road—I found he lodged at No. 13, and in a drawer on the ground floor, front room, I found a quantity of glass—he was not present—I do not know whether he kept the house.
RICHARD DENNY . I have known the prisoner five or six years—I believe he lived at No. 13, Owen's-court—I went there two Sundays following to ask him to take a walk with me, and understood from him that be lived there.
EDWARD HARRISON . I am a policeman. I took the prisoner into custody on the 4th of Nov.—he was not asked where he lived in my presence—I went to Cock-yard, and Duck-yard, in consequence of information—I afterwards went to No. 13, Owen's-court, and found he lived there—I found thirty-five squares of glass, some window lead, and solder, which I found in a chest of drawers in the front parlour—the prisoner was not there.
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
51. THOMAS GRAHAM EMMETT was indicted for feloniously and knowingly uttering a forged request for the delivery of 2 watch guards, with intent to defraud Mary Harding, since deceased; to which he pleaded GUILTY . Aged 17.— Confined Two Years.
52. GEORGE SMITH, alias Howard, was indicted for stealing, on the 18th Nov., 4 pewter pots, 1 knife, and 1 plate, the goods of John Enoch and another; and that he had been previously convicted of felony; to which he pleaded
GUILTY . Aged 22.— Transported for Seven Years.
53. FREDERICK REDMAN was indicted for stealing, on the 17th of Nov., 1 watch, value 5l.; 1 seal, 1l.; 1 watch-key, 10s.; 1 split ring, 6d., and 1 watch-guard, 10s.; the goods of Thomas Waters Trigidgo; to which be pleaded
GUILTY. Aged 17.— Judgment Respited.
JOHN CAVENET (police-constable, D 12.) On the 18th of Nov., at twenty minutes past ten at night, I stopped the prisoner in Crawford-street—she was in company with another female when I first taw her, hut the other walked in front of her, and turned down another street—the prisoner had this cheese under her shawl—I asked where she got it—she said a woman employed her to carry it to the New-road, and promised to give her 6d., but she was coming as from the New-road, and going towards Bryanston-square.
Cross-examined by MR. HORSY. Q. Were you far off when you first saw them? A. I was on, the opposite side—they were near the corner of Seymour-place—the other woman got off very quick—the prisoner took her shoe off, and put it on two or three times.
DANIEL HARRIS . I am a cheesemonger, ana live in Edgeware-road. On the 18th of Nov., a young woman came into my shop for two rashers of bacon which I cut—a woman older than the prisoner came in for some cheese, and kept me at the hack of the shop some time, at last she said the cheese did not suit her, and went away—while attending to her, the young woman went out, and left the money for the bacon on the counter—I believe the prisoner is the young woman—I had seen her about my shop for two or three hours that evening—a Stilton cheese was just where she stood, which I missed, and I believe this to be it—here is a tin tack in it which had fastened the ticket on it—I saw two rashers of bacon at the office, which were such as I cut for the young woman.
Cross-examined. Q. you are not quite certain of her? A. I have not the least doubt of her—I noticed some flowers in her cap—I lost a Derby cheese at the same time—I did not see her go out—the woman kept me ten minutes or a quarter of an hour—I cannot say when the prisoner left—nobody else came in—the cheese was some distance inside the shop—the Derby cheese weighed twenty-five or thirty pounds—there was a boy standing outside the shop, when the prisoner came in, who is her brother—I had him taken, but the Magistrate discharged him.
MR. HORRY to JOHN CAVENBY. Q. Were they far from the New-road when you saw them? A. About a hundred yards—she was turning towards Bryanston-square, instead of the New-road—she and the other woman were in company when I first saw them.
GUILTY. Aged 13.— Judgment Respited.
RICHARD HUMPHRIES . I live in Cottage-lane, Commercial-road. On the 18th of Nov., in the evening, I saw the prisoner, with a smaller boy, near Mr. Bart's shop, walking up and down for a quarter of an hour, at last the other went and pulled at a pair of stays hanging inside the door-post—he walked about again, then cut them down, threw them to the prisoner, who put them under his jacket, and walked as far as the next house, then crossed, and I took him with them—he cried, and said, "I had them given to me."
JOHN HARRIS . I live with my mother, who keeps the King's-head, in Brook-street—I saw the prisoner and another walking up and down the Commercial-road—the little one pulled the stays, then cut them down, and gave them to the prisoner.
he other boy cut them down, threw them to him, and he put them under his jacket—I asked who the other boy was, he said he did not know.
(The prisoner received a good character.) GUILTY. Aged 17.—Recommended to mercy. Confined Three Months.
MARIA THERKSA INOANNI . I am the prisoner's wife, and live in Brown-bear-alley, East Smithfield—on the 2nd of Nov. he came home between five and six o'clock in the evening—I had pledged a pair of his shoes that day, and acknowledge I did not make good use of the money—I went drinking with it—he called me to account, and I allow I provoked him with my bad language; and he beat me with his walking-stick, which he uses, having a bad leg—he beat me in various parts of the body—I was beat all over, pretty well—the stick broke, and I ran, and took the poker up to use it, and he took it out of my hand—he struck me with it, and I believe but one blow—(I have said before that I took the poker first)—he had given me a great many blows with the stick—it was not very large—he struck me on the left breast the night before, with a carving-fork, and I believe that was done by accident—I am quite sure I took hold of the poker first, to strike him with it, but he wrenched it from me, and struck me on the head—I was taken to the doctor's—we had frequent squabbles, but I believe it was brought on by my misconduct, when I was the worse for liquor—he followed me out with the poker—I had his hat and handkerchief in my hand, as I took it up in my confusion unconsciously—I had no intention to steal it.
Cross-examined by MR. PRENDERGAST. Q. Would they not have found their way to the pawnbroker's? A. Very likely they might—I went before the Magistrate next day—the examination was postponed, as I was drunk then—I took the poker, with intent to give him a blow—I am quite well now—I was not knocked down with the poker—I was stooping at the time, and it was slippery; whether he intended to strike me on the head I cannot say—I was running away from him at the time, and had his hat and handkerchief in my hand—I took it off the table when I ran out—I was not sober, and do not believe he was—we had lived on very good terms for some time—when I am sober he is passably kind—when intoxicated, people will take liberties with my name, but he never accused me of such a thing, but other people did, and very likely he heard it.
WILLIAM TABERNACLE . I am now in the workhouse, but lived in the prisoner's house when this happened—he came borne, complaining of missing his shoes and a shirt off the line—he asked his wife about it—she did not give him satisfactory answers—he began to beat her with a stick—I do not think it was broke in striking her, but on purpose—he knocked her down with his fist—I then saw them both down together, and when they got up she took the poker, and he got it out of her hand—she ran out of doors, and he after her—I saw no blows—I did not follow, but heard her cry "Murder," in the yard—I afterwards saw her head bleeding.
Cross-examined. Q. He was lame, was not he? A. Yes; she must have taken the hat off his head in the court; it was not taken off in the room—he hit her about four blows with the slick—he knocked her down with his fist.
WM. BROWN . I am a surgeon, of Upper East Smithfield. On the evening of the 2nd of Nov. the prosecutrix was brought to my shop with a contused wound on her head—it was bleeding profusely in consequence of a small artery being divided—it was lull an inch in length—it might be rather more—I did not
take particular notice at the time—it was very much swollen all round, as if there had been repeated blows in the same part—she was bruised all over the body, but they were so frequently in the habit of quarrelling and fighting I cannot say that it all occurred at that time—in fact, in examining her body, I found she had been stabbed by some sharp instrument, which she I said was a fork—I have attended her on a great many occasions—about nine months ago she came to me with her arm broken—all wounds on the scalp are dangerous, erysipelas being likely to follow—I did not apprehend any danger from this wound—it healed by the first intention—it was a serious wound—I do not know whether a stitch was put in it or not—her constitudon is seemingly good—such a blow on an unhealthy person, in all probability, would produce erysipelas, and perhaps death.
Cross-examined. Q. This was a mere hurt of the scalp? A. It divided the integuments, and went to the bone—a stitch might sometimes cause erysipelas—I recollect now that I did not put a stitch to this—I have teen her many times when she has received mischief, when she has not been drunk, and sometimes when drunk—I have known her ten or fifteen years—I have attended her twenty or thirty times for these accidents.
JURY. Q. Could this wound have arisen fiom a fall? A. No—it was evidently a blow by a blunt instrument—a stick might have done it—the told me it was done with the poker—this stick was quite capable of doing it, with one blow, struck with a good strong arm.
JOHN GRAHAM (police-constable H 86.) I was fetched to Mr. Brown's shop, and saw the prosecntrix bleeding I apprehended the prisoner at hit lodging—he denied having struck her with the poker—he said he had struck her with the stick—the prosecutrix was quite drunk.
(The prisoner received a good character.) GUILTY OF an Assault. — Confined Six Months.
FRANCIS MEADOWS . I live in Molyneux-court now, my home is at Wolverhampton; I am a paper-mache maker. On the 14th of Nov. I lodged at the King William, King William-street, Strand—on the 14th of Nov. I placed seven sovereigns, wrapped in paper, under my pillow—I got up next morning, leaving it under the pillow, and in the evening I missed it—the bed had then been made—the policeman afterwards showed me a pieoe of paper which I knew to be what contained my sovereigns.
CHARLOTTE BEESTON . I am the wife of William Beeston, who keeps this public-house, which is in the parish of St. Martin-in-the-fields. The prisoner was our servant for three months—I had given her warning, and she was to have left the night this money was missing—her things were packed up, ready to go—the prosecutor left about half-past eight o'clock in the morning—I directed the prisoner to make his bed, at five minutes past ten—I never have strange lodgers—nobody slept in the house but the family and the prosecutor—there is a pot-boy—I heard the prisoner go into the room to make the bed—she was there about ten minutes—in the evening, when the prosecutor came to me I searched his bed, but found nothing—I called the prisoner up, and asked if, when she made the bed, she had seen any thing under the pillow in the shape of a small screw-paper—she said no—I said Mr. Meadows had lost seven sovereigns rolled in paper from there—she said "No, I have not seen it at all"—I said, "You must, for it was left there"—she said, "Here are the keys of my box, go and search"—a policeman was sent for, and she was
given in charge, about nine o'clock the new servant did not come for a week after, on a Saturday, and on the Monday morning she produced to me a parcel, containing a pair of cuffs of mine, two purses, seven sovereigns, a half-sovereign, and tome silver—the seven sovereigns were wrapped in a piece of paper, very much blotted, in one of the purses, and there were a pair of gloves, which I have seen the prisoner wear, I believe, a fortnight before.
MARY BOLTON . I am servant to Mrs. Beeston. On Monday, the 27th of November, I found a parcel under the draft of the oven, where the dirt falls, it was wrapped up in a piece of silk—I took it to mistress—the seven sovereigns were wrapped up in a piece of paper very much blotted—the oven had not been used while I was there—I had only been there two days—I pulled the parcel out with my brush.
FRANCIS MEADOWS re-examined. This is the paper my sovereigns were in—it is part of a copy-book of my son's—it was found wrapped up just as I lost it—it is very much blotted with ink, and has the letter F on it.
MRS. BEESTON. In the parcel is a piece of ribbon, very much like what my mother had on her bonnet—I missed this purse before the prisoner left, with 3s. 6d. in it from the till—this paper of needles was in the parcel—I lost that from my work-box in my bed-room—I had no charwoman in my house—her boxes are at my house now—she was going away that night, but was taken into custody.
OLD COURT.—Saturday, Nov. 3rd, 1842.
Second Jury, before Edward Bullock, Esq.
GUILTY .— Confined Three Months.
TIMOTHY MABER . I keep the Nag's Head, Islington. On the 30th of Nov. the prisoner came and had half-a-pint of beer at the bar—there were four dram-glasses in the bar—I counted them when I saw her, and when I heard her go out I missed one—I followed her out and took her, eight doors off, and she produced the glass out of her basket.
GUILTY . Aged 42.— Confined One Month.
HENRY LIEBRICHT . I am assistant to Thomas Benn Sowerby, pawnbroker, Hoxton Old-town. On the afternoon of the 24th of Nov. I was sent for, went to the shop-door, and saw the prisoner running from the shop—I went after her, and saw her throw something over a wall—I overtook her, and said, "I have got you now"—I took her back, and gave her in charge—I afterwards went back to the place, and found this gown, it belongs to my employer, and was safe a quarter of an hour before, on the door-post, pinned to a carpet with three pins—this flannel petticoat is also ours, and was safe at the same time, inside the door, pinned to another article.
SARAH PORTER , I am the wife of John Porter, of Huntington-street, Hoxton. I was going into Mr. Sowerby's shop, and saw the prisoner unpin the dress, and drop it on the pavement—she then took it up, and ran away with it—I gave notice to Liebrccht, pointed her out to him, and he pursued her.
GEORGE PETER LUCAS . I am a policeman. The prisoner was given into my charge, and I took the petticoat from her hand—the laid she had found the gown on the pavement, and asked what I would do with it if I found it, whether I would not keep it—I said, "Certainly not"—she said she bought the petticoat of a pawnbroker in Goswell-street-road—I went to two pawnbrokers, and there was no such name as she gave, but they had not sold one that day.
Prisoner's Defence. I picked it up on the pavement; several females were at the door, and saw me find it; I took it up, being is distress, and without victuals. GUILTY . Aged 21.— Confined Four Months.
Before Mr. Justice Coltman.
conducted the Prosecution.
FREDERICK REED , a clerk in the Report Office of the Court of Chancery, produced a petition of Frances Rugg, Christopher James Rugg, George Nathaniel Stephens, and Mary Ann, his wife: Henry Rugg and John Peter Fowler, dated 21st of Dec, 1840, praying the Master to inquire whether the said Christopher James Rugg Henry Rugg and Mary Ann Stephens, were three of Frances Rugg's children; and what share of 1, 113l. 10s. 8d. in the Court of Chancery, (in which Frances Rugg had a life interest,) they were entitled to; and praying that the same might be sold out, and after payment of the expenses, and what was due to Fowler, the residue might be divided between the said three children;—also the original entry of an order of reference to the Master, dated 24th of Dec., 1841; and also the Report of the Master, (Sir William Home,) upon the same, dated 6th of March, 1841. Also a second petition of Frances Rugg, Christopher James Rugg, Henry Rugg, Stephens, and his wife, dated Sth of March, 1841, praying that three-sixths of the money might be sold out, and after deducting the costs, that 40l. might be paid to Christopher James Rugg, 20l. to Henry Rugg, a moiety of the residue to Frances Rugg: and the other moiety to Stephens, in right of his wife;—and the official entry of an order made on that petition, on the 9th of March, 1841.
STAFFORD MOORE COOPER . I am a solicitor, practising in the Court of Chancery, and live at No. 9, Old Cavendish-street I know the prisoner—I first saw Frances Rugg, Stephens, and Henry Rugg—they came to my office together in March, 1839—they consulted me on legal matters respecting a suit in Chancery, of "Rugg against Palmer" and gave me instructions what to do for them in that suit—they were all in company together—I think Stephens was the person that principally spoke—they each heard what the other said—they all gave me instructions, and they signed a retainer, which is annexed to the affidavit made by Frances Rugg—that retainer contained the instructions given to me—it was deposited and filed in the Affidavit-office of the Court of Chancery—there was no written retainer given me on the first occasion—it was given me on the 15th of Dec, 1840.
MR. COOPER continued. These retainers were to authorize me to present a petition—this is signed by Frances Rugg, but not in my presence—it was brought to me by Stephens, on the 15th of Dec.—I do not think she was
present at the time—it was after she had been to me with Stephens—I know her writing—this is her signature—this other is signed by Henry Rugg—I did not see him sign it—Stephens brought it to me on the same occasion as the other—they are both on the same piece of paper—I have seen Henry Rugg write, and I believe this to be his handwriting—Stephens also brought me a third retainer at the same time, purporting to be signed by Christopher James Rugg—that is on the same piece of paper—I have seen Moland write, and believe this signature to be his writing—they are both signed by Frances Rugg, and I believe both signatures to be her handwriting.—(These retainers were dated the 15th of Dec., 1840, signed by Christopher James Rugg and Henry Rugg, authorising Mr. Cooper to present the petition, for the purpose of getting the shares of 40l. and 20l. which their mother had agreed to give them, and were both signed by Frances Rugg. The affidavit of Frances Rugg stated that she and her children were fully aware of the nature of the prayer of the petition, and that she was willing the money should be sold out, and divided as therein stated.)—I had never seen Moland before the 15th of Dec.—he came that day with Stephens and Frances Rugg, and, I think, Henry Rugg, but I am not certain—it was on the occasion when the retainers were given to me—Stephens introduced him to me—Stephens had been to me the evening before, and had some conversation with me—he brought the retainers in the morning—he came twice oo that day—in consequence of these retainers I presented the two petitions—I saw Stephens and Frances Rugg from time lo time while this matter was going on—I do not think I saw Moland between the time of presenting the petitions and the order being made, except on the 23rd of Dec, the day the petitions were heard, when he was in court—I first saw Morris after the hearing of the first petition—he came to me, I believe, with Stephens and Frances Rugg—it is some time ago—I only speak to the best of my recollection—I believe they came, but I will not be positive—I know Morris did not come alone—I am certain Stephens was with him—I cannot speak with certainty of anybody else—Stephens brought him in reference to the causc of Rugg and Palmer—Morris made an affidavit in support of the Master's report—it was made in the Master's office, in order to lay grounds for the Master's report.
WILLIAM BROVEAUX YULE , clerk in the office of Sir William Home, produced a joint affidavit of Frances Rugg and Thomas Morris, sworn on the 9th of Feb., 1841, in which Frances Rugg deposed to marrying James Rugg on the 15th of Oct., 1803; to his death on the 9th of Feb., 1835; to the birth of Christopher James Rugg, on the 13th of Dec, 1806, and seven other children (naming them); and Thomas Morris deposed that he had known James and Frances Rugg nearly forty yean; that he had read over the above affidavit of Frances Rugg, together with the several certificates of birth, &c. annexed; and that he verily believed the eight children therein named to be her lawful children.
MR. COOPER re-examined. On the 6th of March, 1841, the Master made his report, in pursuance of which I presented a second petition to the Master of the Rolls, on the 8th of March, for the division of the money, that three-sixths of it should be sold out, and paid out of court—I have the original order of the Master of the Rolls, upon which I acted—it was delivered out to me by the officer of the court.—(This order directed the money to be paid agreeable to the petition, after payment of arrears due to Fowler.)—Fowler had advanced money on this fund—I made an affidavit, verifying the sums that were to be paid—I ufterwards attended at the office of the Accountant-General on the 3rd of April, to receive the money in pursuance of that order—all the prisoners were with me on that occasion, except Morris—I had informed them a day or two previously, at my office, what they were to go there for—they-met me there by appointment—I do not know that they all came to my office—
some of them came, for the purpose of ascertaining when ttie money would be received—I do not recollect seeing Morris after his making the affidavit, except on the hearing of the petition—I think he was in cettrt when both the petitions were heard—I am not quite certain of it—I believe they were all there—I am nearly certain of it—to the best of my belief I saw him there—I cannot say beyond that—each of the prisoners, except Morris, signed the receipts for the cheques, according to tht earns mentioned is the order—that was signed in a book produced by the clerk there—I was a witness to them.
GEORGE KITSON . I am chief clerk in one of the divisions of the Accountant-General's office, from the letter R to the letter Z. His name is William Russell—it is the practice in the Accountant-General's office for the parties who are to receive cheques for money under an order of the Court of Chancery, to sign their names in a book—I produce the receipt-book embracing the 3rd of April, 1841—here are receipts signed by Christopher James Rugg, Henry Rugg, Frances Rugg, and George Nathaniel Stephens, in the cause of Rugg against Palmer, witnessed by Mr. Cooper—I do not remember the person of Christopher James Rugg—I remember the fact of a person signing in that name, and upon his doing so I gave him ft cheque for 40l. on the Bank of England, signed by the Accountant-Greneral—I also gave separate cheques to each of the other persons, for the amounts for which they had receipts—that cheque would not have been given to the person who signed himself Christopher James Rugg, unless he had signed that name.
SAMUEL JAMES SMYTH , clerk in the Chancery-office in the Bank of England, produced a'cheque for 40l., drawn in the name of Christopher James Ragg, also signed "William Russell," endorsed "Christopher James Ragg," and witnessed by "S. M. Cooper"
MR. KITSON re-examined. This is the cheqae which I gave on that occation, and this is Mr. Russell's signature.
MR. COOPER re-exammed. I am the subscribing witness td this receipt—The prisoner Moland signed it in the name of Christopher James Ragg—the other prisoners were present at the time, except Morris—they saw him sign it—they were quite close—they signed their receipts in the same book—I also witnessed those—I saw Mr. Kitson hand the cheques to the prisoners—they gave them to me—I get them entered according to the rule of the office, and then paid them into my banker's, got the money, end paid it to the prisoners the same day—I paid 40l. to Moland, and paid to each the share for which they signed. deducting my costs from the larger shares of Frances Rugg and Stephens.
Cross-examined by MR. BALLANTTNB. Q. Who was It introduced Stephens to you originally? A. A person named Roberts, of Dean-street, finsbury—at that 1 time I had a temporary clerk named James Price, who occasionally acted in my business—he had authority from me occasionally to act in this business—he went to procure the certificates—he bed no general authority, only on one particular oecasion—he was not constantly at toy office—he was there for a few days only, during these proceedings, at the end of Nov., 1840, or the beginning of Dec.—he left me about that time—he was not at all In my employ as clerk after that—I did not send him to the prisoners at all—I only instructed him to make search for the certificates.
MR. KITSON, Cross-examined by MR. BALLAHTINE. Q. Is it your duty to pay the accounts that are ordered to be paid by the Court of Chaneery as the result of certain legal proceedings? A. Yes, to give the cheques—I ascertain the names of the parties to whom I am to give the cheques from the solicitor who brings the parties—that is merely to identify them as the person in the suit, entitled to receive the money—that is all I take from the
solicitor, and that is all I require from the parties themselves—an order of the Court is first left with us, that specifies particular names; and when a person is identified as the party named in that order, I pay him the money—I read the order, and then draw the cheque to whom the order says it is to be paid—the Accountant-general signs the cheque after it is drawn—the identity of the person with the name mentioned in the order is all that I am called upon to inquire into, and on the faith of that I pay the cheque—I should no have paid the cheque in question to any one who did not bear the name of Christopher James Rugg.
MR. ATTORNEY-GENERAL. Q. You say you rely on the solicitor for bringing the right party? A. Yes; I always require the party to sign the receipt—if he had not signed that receipt in the name mentioned in the order, I should not have given him the cheque.
GEORGE BIRCH . I am a master wine-porter in the London Docks. I have known the prisoner Moland upwards of five years—he has worked under me in the docks nearly the whole of that time—I always knew him by the name of James Leeson, and never by any other—he continued working at the docks until the 8th of September last.
BENJAMIN LEESON . I live at No. 4, Parliament-street, Cambridge-road. The prisoner Moland is my half brother, by my mother's side—he has always gone by the name of Leeson—my mother's first husband's name was Leeson, and the second was James Moland—Moland was by the second husband, but he always bore the name of Leeson.
Crou-examined by MR. BALLANTINS. Q. How old was be when you first knew anything about him? A, About a week—he is my younger brother, the last my mother had—I was in England at the time of his birth, living with my mother, in St. James's parish—I went to sea when he was about twelve months old, and returned in the year of the Peace—I cannot tell what year it was—I was only a boy when I went—I had been in St. James's-school—his father came and fetched me home to go and see my mother, when she was lying ill—I was at sea about four years and three quarters—I saw the prisoner, I believe, the morning after I returned—he was living at my mother's house—I think he was older than five years and a half—he was not fourteen or fifteen, or ten or twelve—if I had met him away from my mother's house I should not have recognized him for the moment, not till I received some information on the subject—I go by what my mother said.
MR. ATTORNEY-GENERAL. Q. When was it you returned? A. In the year 1814—he was then a boy—he was living at my grandfather's place—my mother was in the hospital at the time, and when she came out she lived with her father, and ray brother continued to live with them till he was able to do something—we have been pretty well all together since the Peace—I have been in the habit of seeing him constantly from time to time since, down to 1842—I never heard of his being the son of Frances Rugg, or of his having any connexion with the Rugg family at all—I never knew him go by the name of Christopher James Rugg—I always knew him by the name of James Moland—he has worked in different places and situations in the waitering line, from time to time since (I cannot exactly say where) attending at dinners—there has never been a year without my seeing him—I am quite certain he is the person who at the Peace was living as my mother's son.
EBENEZER LEESON . I am a younger brother of last witness—my mother married a person named Moland, after we were born—the prisoner Moland is my half-brother—I always knew him by the name of James Moland—I am forty-one years of age—I have known him as my half-brother ever
since he was eight or nine years old—I was at sea at the time of his birth I returned in the year of the Peace, 1814, and found him at home, living as one of the family—he was then about eight or nine years old—I have known him ever since—he has always passed in the family as my half-brother—I never heard of his being the son of Frances Rugg, or of his bearing the name of Christopher James Rugg—I never knew him in any other character than as my half-brother.
COURT. Q. Do you know the family of the Ruggs at all? A. Not at all—he has always been received by all the family as my half-brother, and has always been treated as such.
Cross-examined by MR. BALLANTINE. Q. I believe you likewise went to sea? A. I did—that was before the prisoner's birth—I was at sea about four years—I cannot exactly say.
COURT. Q. You say he was born after you went to sea, is that so? A. No—I said that I had known him after I came from sea—when I came home I came to my grandfather's and my mother's, who was then living at No. 43, Church-street, Mile-end, New-town—I cannot exactly say what age be was—I was at St. James's parish School of Industry when be was born—I was there from a child—I was not living with him so as to be acquainted with him till after my return from sea.
MR. BALLANTINE. Q. I believe your mother has a sister still living, has the not? A. No—I have no aunt.
JAMES SAMUEL GASTRELL . I am a turner, and live at No, 8, Jubilee-street, Mile-end-road. I have known Morris about nine years as next door neighbour to me—I also know Stephens and Moland, but not by name—I never beard his name—Stephens came to live at Morris's about three years ago—I have known Moland about four or five years, by seeing him come backwards and forwards—they used to call him the black woman's husband—he married a black woman—I have seen them all three together, but only seldom—Stephens and Morris lived in the same house—Stephens was Morris's lodger, and I have seen Moland come backwards and forwards to speak to Morris, and to buy shoes—I have been in company with Morris a number of times as a neighbour and a friend—they never said anything to me about any property that they were entitled to—I have heard that Stephens had some property coming to his wife—Morris and his wife have told me so, and of Moland having property coming to him.
JAMES PRICE . I am a hosier by trade. From Dec. 1840, to the beginning of Jan., 1841, I was employed by Mr. Cooper to search for the certificates of baptism, and so on, relating to the cause of Rugg against Palmer—in consequence of that I became acquainted with Stephens, and I knew all the prisoners before the settlement of the business—I knew Moland by the name of Christopher James Rugg—Stephens introduced him to me by that name—that was very near on the settlement of the business—I was at Morris's house in Jubilee-street, with Stephens and Morris, waiting for Christopher James Rugg to come to go up to Mr. Cooper, and he came in alone—Stephens had called on me, wishing me to go with him up to Mr. Cooper's, as the business was being drawn to a conclusion—I was not in Mr. Cooper's employment then—I was only employed by Mr. Cooper to get the certificates—I left him on the 20th of January—it was, I think, in February, that I was waiting at Morris's—there were two or three appointments before the matter was settled—I had at that time obtained the certificates as far as I was able—when Moland came in, Stephens introduced him to me as Christopher James Rugg, the party who was getting the money—he said he was a sailor, just come from abroad—Morris was present, but did not interfere in the conversation—it was to
Stephens my attention was particularly directed—Morris was fn the shop—he distinctly heard all this, and did not contradict it—we then all went together to Mr. Cooper's—Morris went with me to Mr. Cooper's on one occasion.
Q. Did you afterwards learn from either Stephens or Morris any thing about Christopher James Rugg's share? A. Yes, I knew about the share from having seen the papers during the time of my being employed—both Stephens and Moland talked to me about the share after that—there were two or three appointments to Fettle it, and Moland was always there—I was always advised when to meet him—the principal cause of my being there, was on account of an agreement that I prepared—Moland always said he was entitled to the money, and that be was Christopher James Rugg—Stephens called on me, and wished me to meet them in Southampton-buildings, Chancery-lane—that was about the latter end of Feb., 1841, a month or six weeks before they received the money, while the matter was going on—I went and met them by appointment in Southampton-buildings, and Henry Rugg was there, Stephens, and a person named William Bedford—Stephens, and Henry Rugg, said they had bought Bedford's share, and asked if I would prepare an agreement for them for the sale of it—I said I would, and if I could not do it, I would get some friend of mine to do it for me—some months afterwards I called on Morris, after I had been able to form some opinion as to who Christopher James Rugg was—it was on the 7th or 8th of April, four days after the receipt of the money, I met him down at the Mile End-gate—he had got a bad black eye at the time—I asked him about it, and he said that he and Stephens had had a quarrel on the Saturday night, on the settlement—I said, "What did you get by it?"—he said all he had got was 8l., out of which he had paid his rent, and two or three little things, but that he had sufficient to pay for a pint or two of beer, and asked me to go and partake of it—we went to a beer-shop—I was fetched out in a great hurry by Stephens's wife and a black woman, who I did not know at the time, but she was introduced to me that morning as Christopher Rugg's wife—Mrs. Stephens and this woman took me to a house where Moland and Stephens were—I have only seen that woman in Moland's company twice—I have seen her alone in my own neighbourhood—I called on Morris in the beginning of August last, to ask if he could tell me where Stephens lived—in the course of conversation I said that he knew Moland's name was not Christopher James Rugg, any more than mine was—he said, "I know that"—I said, "Well, Morris, now then, what is his name?" he said, "Why, he goes by two or three different names"—I saw Henry Rugg that same morning previous to going to Morris—I called on him relative to the agreement I had prepared relating to another share—in the course of conversation I asked him how Chris. was—he said he was dead—I said, "Dead, how long has he been dead?"—he said, "About three months"—I said it was the first J had heard of it—this was from the 3rd to the 10th of Aug., as near as I can recollect, in the beginning of Aug.—in Sept. I met Morris again in Whitechapel-road—I afterwards called the attention of somebody in a public situation, to the circumstances, and that led to this prosecution.
Cross-examined by MR. PAYNE. Q. How long is it since you have done anything in the hosiery line? A. Never since 1826; no, I am wrong, I came out of the country in 1829—I carried on a hosiery business at Nottingham—I was a hosier all my life—I was brought up to it—I learnt the art of drawing agreements through being with Mr. Cooper—I was with Mr. Cooper find his late partner, Mr. Walker, four years in succession—I had a regular salary for nearly four years—I am not bound to tell what it was—I left in 1838, and after that was doing a little agency on my own account, collecting debts, or
anything else, and I was occasionally with Air. Cooper, backwards and forwards—I left the hosiery concern through being unfortunate—it did not answer—in fact, it was a lace business at that time—I did not torn attorney's clerk then, not for years afterwards—I was married, and was resident in London, after being unfortunate in business—I got my living the best way I could, by turning a machine, working as a labourer, for two or three years, in Nottingham—I worked with two or three persons—I worked with a brother-in-law of mine for two yean, I think—I first went to Mesrrs. Walker and Cooper's in 1883—I went as anything—I was never with Mr. Cooper regularly alter 1838—I received no salary as a regular deck after that—I went to his office two or three times a week, not every day.
Q. In what capacity did you go to the houses of these people? A. In the capacity of Mr. Cooper's clerk in the first instance, in December—I was employed in the transaction to get the certificates—I went at Mr. Cooper's clerk up to January, and then I left Mr. Cooper altogether, and have never been in his employ since—when I went about the certificates, in December, I went as his clerk—I think the certificates were obtaiited in December—before that I was only occasionally in Mr. Cooper's employ—sometimes one day he would want me, and sometimes be would not want me for two or three days again—I went to the prisoners about the certificates the first day I went out, I was out two, three, or four days, about them—I did notgo to the prisoner's in any particular capacity—I did not go after them, they came after me—they did not know me before they came to Mr. Cooper's office—they became acquainted with me as Mr. Cooper's clerk—I did not go to them, representing myself at Mr. Cooper's clerk—they came and fetched me—Stephens called on me at my own house if he wanted me—that was after they knew I had left Mr. Cooper's—they knew that in the beginning of the year—I did not draw the agreement myself; I got a friend, who it in the profession, to draw it—I do not know that I am bound to tell his name—it was a gentleman named Godwin, an attorney's clerk—hi it better acquainted with these things than I am—I will swear that Henry Rugg said that Christopher had been dead three months, not that he had not seen him for three months—I asked him how Chris, was, and he said he had been dead three months—nobody else was present at the time—he was in the shop getting materials ready for work—that was nearly four months after the money had been obtained.
Cross-examined by MR. BALLANTINE. Q. What are you doing now? A. I am out of a situation, and have been so since I left Mr. Cooper—I have been living on a little property arising from the right of my wife—I live at No. 28, Winchester-street, Pentoville—I have, of course, been struggling, and getting as much as I could, independent of that—I do any agency that anybody wants—I have done a little business for a geatleman named Pike, a large collector, collecting debts for him—I have served writs—I have served many for Mr. Cooper since I have left him—I knew nothing of the prisoners before they came to Mr. Cooper's—I know Mr. Roberts, of Dean-street, perfectly well, and have known him two or three years, ever since I was with Messrs. Walker and Cooper—he is an auctioneer, &c. &c.—I knew when the money was to be paid to Christopher James Rugg—they came to let me know when it was to be paid—I did not know at that time that he was not the person entitled to it—I had my suspicions, but not before the money was obtained—I certainly had suspicions before the money was obtained, and that is in my deposition—I had suspicion that his name was not Christopher James Rugg.
Q. I suppose, if you knew his name was not Christopher James Rugg, you would pretty well know that it was a fraud on the Court of Chancery? A. Why, the fact is, I suppose I had my own opinion as well as anybody else—there were various circumstances to create my suspicion—I did not know it was a fraud at that time—I certainly had a doubt in my own mind that he was not the right party, of course—I did not make any communication about it for a long time after that, after the settlement—I never told the prisoner Rugg that money might be got out of the Bank without the party being entitled to it—I never had any communication with Rugg—Stephens was the principal party I communicated with, and Stephens asked me the question—I never told Stephens that money might be got out of the Bank by a person not entitled to it, or anything of the sort—I never said it might be done, but it was a dangerous experiment—he asked me if I thought it was possible to obtain money—I told him it was possible, but it was a very dangerous experiment—that was long before the settlement—I did not communicate that to Mr. Cooper or anybody—I never took any particular notice of it at that time, for I bad not seen Christopher at that time—that was on my first going for the certificates—I took notice of it directly after I saw somebody else—I did not communicate it to Mr. Cooper—I was not in his employ at that time.
Q. Yes, you were, you said that it was on your first going about the certificates? A. No; during the progress of it—it was not because I was not in Mr. Cooper's employment that I did not tell him, but because I did not take particular notice of the question he put tome at the time—I was standing at the Mile End-gate at the time—I thought of the question a few days after—that was before the settlement—I did not mention it to anybody then, why should I?
Q. How soon, after the settlement, did you begin to pay Morris and Stephens visits? A. The middle of the week following I was down, and the week after that I called down—I did not call two or three times a week up to the time they were given in custody—I cannot tell how many times I called—I will say five or six times—I should say that would exceed the whole—I never went for money—I never applied for money to any of them, that I swear—I received 30s. for preparing the agreement, at the time of the execution, and the day they received the money, I was waiting for it—that was the only sum of money I received from any of them—I have had a glass of beer with one and the other occasionally—I think I have treated Stephens more than he has treated me—I have had a glass of beer with him three or four times since the settlement and with Morris about the same time, I think—Morris never said to me that he would have no more money extorted from him—he never suggested such a thing, that I swear—I did not, upon that, threaten to charge him with this offence—it was about a month after I had been to Morris's house, that I wrote to Lord Langdale, the Master of the Rolls, to give him information—I saw Stephens in the beginning of August—I wrote to Lord Langdale on the 30th of Sept.—I had seen Morris on the 28th of that month, and Stephens and Moland the same day—I saw Moland at his own house—I met Morris in the Whitechapel-road—I was not going to his house—I saw Stephens at his own house—I went to see him, for I did not know, for some time previous, where he lived—the policeman got his address—I went in, but there was nobody at home—I waited till I saw Stephens, and staid with him two hours—I had something to drink with him—I had, at that time, made up my mind to inform against him to the Master of the Rolls—I had been to Moland's before that, and found him at home—I
remained with him half or three-quarters of an hour—I had nothing to eat or drink with him—I got no money from him or Stephens, or Morris, nor did I ask for any—I took Morris to Stephens's with me, at least he took me, for I did not know where it was—I did not give either of them a hint what I was going to do, that was not natural.
HENRY JOHN PARKER . I am a policeman. On the 11th of Oct. I went with Price and Mr. Cooper. to a house in Pleasant-court, Whitechapel—I found Moland and a black woman there—I asked if a person Darned Christopher James Rugg lived there—the woman answered, "Yes"—I then asked Moland whether his name was Christopher James Rugg—he said It was—I asked if he ever went by the name of Leeson—he said, "Yes, very frequently; it is my wife's name, but I am not married"—he said that in the same breath—I told him I wanted him for forging a receipt on the Receiver of Chancery—he made no answer—I took him into custody, and told him he must accompany me to the station—and on the road Price pointed out Morris, about three-quarters of a mile from the lodging—I went and told him I wanted him for being concerned with others in forging a receipt—he said, "I know nothing about it; I knew them, and I went to serve them"—I took him to the station.
MOLAND— GUILTY . Aged 36.—STEPHENS— GUILTY . Aged 36.—
Transported for Seven Years.—FRANCES RUGG— GUILTY . Aged 60.
— Confined Eighteen Months.—MORRIS— GUILTY . Aged 54.—HENRY
RUGG— GUILTY . Aged 28.— Confined Twelve Months.
62. JOHN JONES and GEORGE WILSON were indicted for breaking and entering the dwelling-house of Harriett Franckom, on the 30th of Nov., at St. Mary, Islington, and stealing therein, 1 frock, value 1s.; 2 petticoats, 1s.; 1 pair of trowsers, 1s.; 2 blankets, 1s.; 2 shawls, 6d.; 1 sheet, 3d.; 1 pinafore, 1d.; 2 1/2 yards of lace, 1d.; and 1 comforter. 1d.; the goods of Peter Lock.
MARY ANN LOCK . I lodge in the house of Harriett Franckom, No. 23, John-street, Liverpool-road. On the 30th of Nov. I put my children to bed about eight o'clock, in the front parlour, the window of which was closed—I then went into the washhouse, and came into the parlour again a few minutes before ten—I then found the window open, and missed the bed-clothes from the children's bed, and the clothes which I had taken off when I undressed them—a person could put their arm in at the window and take them, without getting into the room—the children were still asleep.
JAMES M'GILL . I am a policeman. About half-past nine o'clock, last Wednesday night, I was in the Liverpool-road, and saw the two prisoners together there, about 300 yards from John-street, and coming from it—Jones had a bundle—I asked what he had in it—he said a blanket and sheet; that he had been to see his mother at Highgate, and she had given them to him to take to his lodgings in Clerkenwell, and get them washed—I asked Wilson if he knew anything; of them—he said, when he had left off work Jones asked him to go up to Highgate with him; that he went with him, and saw his mother give him the blanket and sheet; and that they were then going to Jones's lodging with them—I took them to the station.
(Properly produced and sworn to.)
Wilson's Defence. The policeman says false about my saying that I went with Jones, and saw his mother give him the things; I said nothing of the sort; I was going up to Holloway, and met Jones in the Liverpool-road; I know nothing about the things; Jones had them in his possession.
JONES— GUILTY . Aged 20.—WILSON- GUILTY , Aged 20.
Confined Four Months.
First Jury, before Mr. Recorder.
GUILTY .— Transported for Seven Years.
MATTHEW GARLAND . I am a miller, and keep a beer-shop at Ingham, in Lincolnshire. On the morning of the 16th of Nov. I missed a bay mare, three years old, worth 25l. or 26l., from my stable, which is about eighty yards from the house—I also missed a halter—this is it—the stable was not locked—on the 28th I saw my mare again at Aldridge's Repository, St. Martin's-lane—on the 15th of Nov. the two prisoners came to my house, and asked if they could have a bed—they slept there that night, and left on the 16th, about five o'clock in the morning—I know the mare by different marks on it—I know the halter by this knot—I have had it some time—I broke it, and fastened it here—Garrard has been at my house several times during the last twelve months—Gibson has been at my house about twice—I do not know where he came from—he was quite a stranger—they both came together on the 15th, and asked for a bed—they said they wanted to get up at five o'clock—Garrard said he wanted to go to Leicester, or somewhere—I do not recollect exactly.
Garrard. Q. Was I there the whole of the day? A. A good bit—I should not wonder if you had breakfast there—you might have had dinner, but I do not recollect—you had tea—you both left our house, and bade us "Good night"—in about half-an-hour or three-quarters after, you came again, and asked if you could have a bed—I said yes—I called my youths up to let you out in the morning.
HENRY WILSON . I am a publican, out of business, and live at No. 47, Charles-street, Westminster. I saw Garrard on Saturday, tae 19th, I believe—I knew him before—he said he had a mare coming up from the country on that evening, or early on Sunday morning—I saw him and Gibson about half-past ten o'clock on Sunday morning—he told me, in Gibson's hearing, the mare had arrived—I asked what sort of a mare she was—he said, "Well, I believe a light chestnut"—I said, "Bring her down to-morrow morning, and let me have a look at her"—Gibson said he had brought the mare up, or something to that effect—I saw him and Garrard again next morning, at the Ship, in Charles-street—the mare was brought to my house that morning by Garrard alone—he said he had had 18l. bid for it—he wanted 20l., he could not take less than 20l., and that it belonged to his mother-in-law—I advised him to take it up to St. Martin's-lane, which he did, and there she remained till the Wednesday.
HENRY LOCKYER (police-constable A 90.) I went to Aldridge's, and saw a mare which has been since claimed by the prosecutor—I met with the prisoners in St. Martin's-lane—I took Gibson into custody, and Wilmot took Garrard—I questioned Garrard about the mare at Aldridge's—he said he had brought her from Lincoln, and afterwards at the station he said he had it given to him by a man who was to meet him in London—he did not know where.
Garrard. Q. Who was present when I said this? A. The other constable was in the yard—I do not know whether he heard it—you did not tell me you had come up by the wagon the whole road—you said on one occasion, before the Magistrate, that you had the mare from Smithfield.
HENRY WILMOT (police-constable A 37.) I met Lockyer in St. Martin's-lane—I saw the prisoners there together—I heard Garrard say, that he had left the mare at Aldridge's repository—I afterwards received this horsecloth, bridle, and halter, from Mr. Roberts, of the Ship, Charles-street, Westminster.
THOMAS ROBERTS . I keep the Ship, in Charles-street, The two prisoners came there on Saturday the, 19th, on Sunday, Monday, and Tuesday—they brought a halter, saddle, and cloth to me on Monday morning—the prosecutor claims the halter, I believe.
WILLIAM GLASSCOCK . I am yardsman of the Ram Inn, Smithfield. On Saturday morning, last week, Garrard came and asked me if a person answering the description of Gibson had been there with a mare—I said, "No"—he then asked if he did come would I take charge of her—I said I would—about one or two o'clock Gibson came with a mare—I did her up, and in the evening Garrard came to see her—he said he had brought her from Lincoln, and his wife bad rode her some hundreds of miles—on the Sunday morning Gibson came and asked me what the charge was for the mare standing there over night (I was not then aware it was gone)—I said 3s.—he gave me two half-crowns, and I gave him 1s. change—on Monday morning, Garrard came again, and asked me where the young man was that would buy the mare—I said I would find him—he offered her for sale—I spoke to my master, and he objected to have anything to do with it.
Garrard. Q. When I came, did not you ask if I knew the mare? A. No—I might have shown you an old one, and asked you if you thought that was it—this was the horse that you came and claimed, and which you offered for sale for thirty guineas—I asked you if it was yours—I do not know what you said—I have since seen the same mare at Aldridge's—it is the same which Mr. Garland claims.
Garrard's Defence. On leaving Mr. Garland's on Wednesday, I came straight to Lincoln; I there parted with Gibson, who was going towards Boston in search of work; I came up by the van to London, and arrived on Saturday morning the 19th, about four o'clock, and coming down St. John-street, I met a party I had formerly known in Lincoln, who said he had a horse for sale, and asked me where was a good place to sell it; I said, the market; he said it would not suit the market, it was too high a price; he gave me a description of the horse, and also of the man who was to bring it up; he asked me to go to the Ram Inn, and inquire about it, which I did; the witness showed me one, and asked if that was it; I said, I did not think it was, from the description; he asked if it was my horse; I said, no, it was a friend's or a relation's of mine—I asked him if it came to take care of it—I went again between five and six, and met Gibson who had brought the mare up; the witness asked if it was for sale; I said I hardly knew; he asked the price, and I said, "Something less than thirty guineas;" he said, "Oh dear, I thought of purchasing it for 10l, or 12l.; my master has been speaking to me about it;" I never saw the horse again, till Sunday morning, when it was brought to me by the other party; who said he had been trying at several places, but could not get his price for it, and asked me to take it to the Rum Inn, and ask that party to buy it; I went and asked for the master; he asked to look at it; I went to the top of the yard, sent the man for it who fetched it; I took it down the yard; the man took it from me again at the top of the yard, and led it away; I saw him again between ten and eleven,
and he asked me to take it to Mr. Wilson's, which I did; he said he did not want it, and I took it to Aldridge's, as he said it would fetch what it was worth there; the party in the counting-house asked me my name, I told him my name, and where I came from, but he never asked me if I was the owner of the horse; on Tuesday I was drinking with the man at different public-houses about town, and on Wednesday was going to Aldridge's to meet him, when I was taken into custody.
Gibsons Defence. When I left Lincoln, I went towards Boston in search of work, and on the Sleaford-rood, I lit on a man who asked if I wanted work, I said, "Yes," and he gave me 30s. to bring the mare up to Smithfleld; I lit on two more alongside Sleaford, and I brought those also, which I left at Shored itch, with a man who was waiting for them; I brought the mare to Smithfield, where the man was waiting for me; I took it to the Ram, and there left it.
GARRARD— GUILTY . Aged 23.
GIBSON— GUILTY . Aged 19.
Transported for Fifteen Years.
65. WILLIAM JOHNSON was indicted for stealing, on the 26th of Nov., 19 pairs of cuffs, value 22s., the goods of John Wright; and WILLIAM STYLES, alias Smith, ALFRED HERRING, and ROSINA HOMER, for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which JOHNSON pleaded
GUILTY . Aged 18.— Transported for Seven Years.
CATHERINE HAWKES . I am a cuff-maker, in the employ of John Wright, St. Thomas-place, Well-street, Hackney. I delivered a box of cuffs in a parcel, to the conductor of Mr. Hawkins's buss, at a quarter past five o'clock, on Saturday evening last—these are them—four pairs are my own making.
WILLIAM CASTLEMAN . I live in John-street, Horaerton. I am conductor of Hawkins's buss. Hawkes gave me a brown-paper parcel for Mr. Wright, to take to the booking-office in Threadneedle-street—I put the parcel inside, on the seat—Mr. Windsor was the only passenger—I got down at Cambridge-heath, to try to get a passenger, and while doing so the buss went on, and left me behind—I got up behind another buss, and saw Johnson up behind my buss, and saw him take the parcel out—I could not overtake him—I did not see where he got up.
JOHN WINDSOR . I was the only passenger in this omnibus—the conductor put a parcel in in Well-street—when he got down for a passenger the omnibus went on, leaving him behind—Johnson got up behind—I said, "Are you going to conduct the omnibus to town?—he said, "I am"—I told him to put me down at Houndsditch, which he did, and asked me for the money, but I told him I had paid Mr. Hawkins—I told him there was a parcel put in by the conductor, which must be looked to, and be delivered—he took it up as if going to read it, put it down, and said he would see that all was right—he then got up behind the omnibus again, and went on.
JANE JOHNSON . I was called to search Homer at the station last Saturday evening—she said, "I will show you what I have got"—she took from under her shawl two rows of beads and these ribbons, which correspond with the cuffs from which ribbons are missing.
JOHN WRIGHT . This parcel was ordered to be sent by Mr. Hawkins's buss, and I was to call for it at the office in Threadnecdle-street—I found the box there, but the contents were gone—these are my cuffs, and were made in my house—some of the ribbons have been taken out of them, and these ribbons produced by the witness mutch them, and came out of them.
night, I and Ball were in company in the Hackney-road, and saw the three male prisoners in company—knowing them, we followed them to Hackney, and by the Flying Horse Homer joined them—they went along in company past the Dolphin, then returned, and we missed them—we overtook them again going towards town—we followed them to Cambridge-heath, and saw them all four in company—all at once we missed Johnson—we followed the other three into the Hackney-road—Styles and Herring there ran away—we followed Homer, and by Goldsmith's-row Styles and Herring joined her again—we followed them to Shoreditch church, where they joined Johnson—they all went down Austin-street, at the back of the church, and stood together some minutes—I saw them share this property between them, Homer having it in her lap—I took her and Herring into custody—Homer dropped fifteen pairs of cuffs out of her lap, and Herring chucked two pairs out of his pocket—Balls took the other two—he also chucked away property, which was picked up—one pair of the cuffs Herring threw away had no ribbons in them, and some of the ribbons found on Homer correspond with that pair.
Homer. The fifteen pairs of cuffs were put into my apron before I had time to say more than I would not have them, when the policeman came, and nearly choked me, broke my beads off my neck, and said he would break my arm; I had not been in company with them an hour; I had come straight down the Hackney-road. Witness. I had followed them together full an hour to different places, and saw them attempt to commit several felonies—the Flying Horse, where she joined them, is two miles from where I took her.
WILLIAM EDWARD BALL (police-constable N 865.) I was in company with Kemp, and saw the three male prisoners in company in Hackney-road—Homer joined them at the Flying Horse—we followed them to the Dolphin, near Well-street, and there missed them—we ran down the road, and overtook them hear the Triangle, followed them to-Cambridge-heath, and all at once missed Johnson—we followed the other three into Hackney-road, where they stood for a moment together, and Styles and Herring ran off—we then followed Homer, and saw her join the other two again, and at Shoreditch Church they met Johnson—they turned down Austin-street, and I there saw them sharing a quantity of these articles—I immediately laid hold of Johnson and Styles—Styles threw two pairs of cuffs behind him, which a gentleman picked up, and gave me, and I took a pair out of Johnson's hand.
Styles. When he took me to the station be said none was found on me, and Kemp said, "Hold your tongue, I will make it all right for them;" a gentleman came in, and said, "Here is a pair outside," and Kemp said, "Oh, I dare say that is the pair this one threw away." Witness. It is false—I saw him throw them behind him—Johnson said he would go quietly, but he resisted, and laid hold of me by the throat, and tore the velvet of a Macintosh cape, which I had borrowed of Kemp, to disguise myself, after seeing Styles's attempt to pick a pocket in Hackney-road.
Styles's Defence. We were all in company the fore-part of the day; we went up towards the Flying Horse, and met Homer, who keeps company with Johnson; we walked towards Cambridge-heath gate; Johnson got up on the buss, and we never saw any more of him till we got to Shoreditch Church, when he came up, and said, "Good night;" I said, "What have you got?" he said, "I have got something;" I asked where he got it from; he said he found it in Bishopsgate-street; I said, "You could not find such a thing as that, it is not dirty;" he took us down Austin-street, and gave them all into Homer's apron; we were looking at them when the policeman came and took us.
Homer's Defence. I knew Johnson by his being a shoemaker, and I have done binding for him.
STYLES*— GUILTY . Aged 19.—HOMER— GUILTY . Aged 19.—
Transported for Seven Years. —HERRING— GUILTY . Aged 16.— Confined Six Months.
(The officer stated that they believed Herring to have been seduced by the other prisoners.)
66. GEORGE LEDGER was indicted for stealing, on the 15th of Nov., 93 gross of screws, value 2l. 13s., the goods of John Crowley and others; and OSWALD CROWDER , for feloniously receiving the same, well knowing them to have been stolen,—also as an accessory after the fact.
JAMES COOK . I am clerk to Mr. Thomas Lowe, a screw-manufacturer, at Birmingham. On the 14th of Nov. I made up a brown paper parcel, of twenty-one gross of brass screws, and a quantity of iron ones, and directed it to "Mr. Lowther, cabinet-maker, Clerkenwell, London"—I generally put the word "Paid" on parcels, but I cannot say that I did on this—I gave it to Crowley and Co., the Birmingham carriers, who would in due course convey it by railway to London, where it should arrive the same evening—a letter was sent by post before to announce that they were forwarded—the screws were in small parcels, with a sample screw outside each gross—it made one parcel.
GEORGE LOWTHER . I am in partnership with my father, a clock-case maker, in Red Lion-street, Clerkenwell. On the 15th of Nov. I expected a parcel of screws to arrive from Birmingham—I never received them—I received an invoice on the 15th of Nov., by post, to advise their arrival.
WILLIAM WOOLLEY . I am wharf-manager to Messrs. John Crowley and William Batty, Nos. 30 and 31, Wharf, City-bason. On the 15th of Nov. I received a brown paper parcel, directed to "Mr. Lowther, cabinet-maker, Clerkenwell, London," by railway—we left it in the delivery warehouse—on the forenoon of the same day I saw it safe—I missed it next morning—here is an entry in the way-book of its having arrived—(reads)—"Lowther, Clerkenwell, one parcel."
Cross-examined by MR. HORRY. Q. Yours is an open wharf, and men come there to get employment? A. Persons occasionally come on the wharf to ask for work—Ledger has been in the service occasionally—he was employed three or four months ago at our receiving-house in the City, but not on the wharf.
JOHN BAKER . I am carman to Crowley and Co. On Tuesday afternoon, the 15th of Nov., a little before two o'clock, I saw Ledger at my master's wharf, with as much hay under his arm as he could conveniently hold—he walked off the premises—he had nothing to do there at the time—he had been employed there three or four days or a week before.
JOSEPH PRICE . I am a cap-stitcher, and live in Fleur-de-lis-court, Spital-fields—I know the prisoners by sight—on the 15th of Nov., between one and two o'clock, I was in Wharf-road, and saw Ledger come from Crowley's wharf with a bundle of hay under his arm, as much as he could carry—he said he wanted me—I walked with him—going down the City-road, he told me he had a parcel under the hay—I went with him up Plumber-street—he went into a house there, and told me to wait at the first turning on the left till he came down—he took the hay and the parcel into the house, and was there about ten minutes—he came out again with the hay under his arm, it was not so big as it was before—he asked me what I thought was in it—I said I did
not know—he told me it was a lot of screws—I asked him where they were—he said he had them with him—I told him he had better take them back again—he said he had them undone—he threw down the hay going down Britannia-street—he had a parcel under his arm, and he showed me some with a little screw tied at the top—he asked if I would sell them—I said, "No"—be asked if I knew where Crowder was—I said I did not know, but if he wanted him I could find him—I was on my way over to his house, and saw him before I got there, and told him Ledger wanted him—they instantly went into a street by King-square, and I saw Ledger pass some small packages to Crowder—they then left me in Goswell-street, and said they would meet me at the botton of King-street—I went there, they came in the course of half-an-hour—Ledger said he wanted me—in going down St. John-street he showed me 1s.—I said it was nothing to do with me—we went into Smithfleld—he went into a public-house, called for a pot of beer, and gave me 2d. for fetching Crowder to sell them for him.
Cross-examined. Q. I believe you have been in trouble? A. No, I was accused with a man giving me too much change for a sovereign, that was all—I was found innocent—the Magistrate discharged me for want of evidence—I was going along Wharf-road to Mr. Tun's, to look after employ—I generally go to the docks with a horse and cart, to fetch sugar for them—it is the next wharf to Crowley's—I had applied to the clerk for work, and he said he would see about it—he had not told roe to call exactly at that time—on Ledger saying he wanted to speak to me, I walked with him to Plumber-street—I have not been to the wharf to look after employment since—Ledger was only a casual acquaintance—I was never particularly acquainted with him—the house in Plumber-street is a little house with a bow-window—it looked a respectable house—he told me to wait outside—I know Bosworth by working with him—I have had no conversation with him about this before going to the police-office—I knew nothing at all about it till Bosworth came and fetched me—I went with him instantly—I had given no information—I do not know how Bosworth came to know that I was in it—I had never spoken to him about it—he said he wanted me to come to Crowley's wharf, and asked if I knew anything of Ledger taking a parcel from the wharf—I said I saw him come out with some hay under his arm, I could not say what was under the hay—I had no idea where Ledger got the screws from, only from his coming from Crowley's wharf—I went to the house in Plumber-street on the Saturday night following to see if Ledger was there to tell him the constable wanted him.
DAVID BOSWORTH . I am a porter, and live at No. 30, Howard's-green, City-road—I know the prisoners. On Wednesday, the 16th of Nov., I was at the Wharf-road, and met Crowder—he said he did a job on the Tuesday—I asked what it was—he said that Ledger had told him that he brought a parcel out under his arm, and that Price came to his house to fetch him to go and sell it for Ledger—that he went and sold the parcel, and got 6s. for it.
Cross-examined. Q. Have you had any conversation with Price about this matter? A. No, never before I went before the Magistrate—I went to his house, four or five days after what Crowder told me—I had no conversation with him about this—Mr. Taylor found me out, and took me to the office, and I was told to look after Price, as they wanted to take him into custody—a man named King overheard what I said in a public-house, and he went and told Mr. Woolley—I have worked with Crowder—I never saw Price at work. JAMES TAYLOR. I am a constable of the Regent's Canal Company. From information I received I took Ledger into custody—I told him it was on suspicion
of stealing a parcel from Messrs. Crowley's wharf—he said it was very strange that suspicion should rest on him, it was a hard case, or something—I then went to Crowder's house, and told him the same—he said, "I will tell you all about it"—I cautioned him twice, and said I should name it all to the Magistrate—while dressing himself, he said he was sent for by Price, and went and met Ledger; that they went together to an old-iron shop in Compton-street, and sold a parcel of screws for 6s., and he had 18d.
Cross-examined. Q. Who gave you information? A. Messrs. Crowley's clerks—I had no communication with Price or Boswell—I did not know where to find them—Boswell was at the wharf—he told me he knew where Price lived, and be would go and fetch him—I did not tell him to do so—there is a marine-store shop in Compton-street—Price did not tell me of any house in Plumber-street.
(Crowder received a good character.)
LEDGER— GUILTY . Aged 24.— Confined Nine Months. —CROWDER— GUILTY. Aged 20,—Recommended to mercy — Confined Six Months.
ROBERT YOUNG . I am a labourer, and live in Wentworth-street—I have been formerly in the Portuguese service. On the 26th of Nov. I went to the Adelphic, and received 15l. prize-money—I had five half-sovereigns, sixpence, and two 5l. notes—I got the notes cashed, and put the ten sovereigns which I received for them into a leather bag, which I put into my right-hand trowsers' pocket, and the other money I put into my left—I went to the Paul Pindar public-house about one o'clock in the day—I was perfectly sober then—the prisoners came there—they lodged in the same house with me—we got into conversation—I treated them with beer and rum—I changed a sovereign, and lent the male prisoner 1s.—I remained three or four hours with them, drinking—I came out with them from there, and went to Mr. Boycott's, at the Black Swan—I there became insensible—I came to myself at home, two or three hours after, and found I had lost my bag and the sovereigns—I had still got the money that was in the other pocket, except what I had spent—I told the landlord I had lost my money—I afterwards saw my leather purse in the hands of Swinney.
James Osborn. Q. When we left the house in Bishopsgate-street, do you recollect our tumbling down in going home? A. I recollect making our way home—my recollection was partly gone when I went to Boycott's.
RICHARD BOYCOTT . My father keeps the Black Swan, in Rose-lane, Spitalfields. On Saturday afternoon, the 26th of Nov., about half-past six o'clock, the prosecutor and prisoners came to the house—I served them—the prisoners were rather fresh—the prosecutor was quite drunk—they were all customers at my father's—the male prisoner called for a quartern of rum, which they drank—they called for another, and drank that—I asked them to pay for it—they hesitated which should pay for it—James said the prosecutor had no money, and he had none—I asked them again, and James put out 8d.—I told him that would not do, it must be 10d.—he pulled out another sixpence, and I gave him 2d.—the prosecutor took the bag out of his pocket, and dropped the money out of it on the floor—he sat down with the bag in his hand, and the money on the floor—he fell asleep, and dropped the bag too—the female picked the money up, put it into the bag, and banded it over to the male prisoner, saying she would not see him wronged; they
would go out as friends—James tied it up, and put it into his pocket—he went out, came in again in about ten minutes, and then Harriet went out, and said she was going to get her living—she then came in again—she was rather fresh.
MARGARET MILLER . I am servant at the Black Swan. I was passing through the bar, and saw the prosecutor asleep—he fell down, and dropped some money out of a purse, and then the purse also—the female scrambled, and picked up the money, put it into the purse, and said to her husband, "Here, take this; this is a friend of ours; we won't see him wronged"—he put a string round it, and put it into his pocket, and afterwards went out—he came in again, and then the woman went out—Mr. Turner and another took the prosecutor out at one door, and the prisoners ran out at the other.
GEORGE DROWER . I was at the public-house between six and seven o'clock on Saturday evening, and saw the prisoners there, and the prosecutor lying on the bench in a state of insensibility, quite intoxicated—Harriet called for a pint of beer—James took a sovereign from his left-hand pocket, to pay for it—he was checked by his wife, saying, "You have some pence, you have no occasion to change that"—he replaced the sovereign in his pocket, and paid with halfpence.
WILLIAM TURNER . I had charge of the house, No. 45, Wentworth-street; the prisoners and prosecutor lived there. On the 26th the prosecutor was brought home very drunk—he came to himself in about an hour and a half, began fumbling in his pockets, and complained of losing his money—I caused the prisoners to be taken, and James was searched, and this bag was found on him—he was asked where he got his money from—he said 9s. 6d. he got from his brother—he was not charged with anything, or asked about the sovereigns and the bag.
James Osborn. Q. Had I run away from Mr. Young? A. Yes, you had been away two hours—you were not at your lodging—you were apprehended at the top of Wentworth-street—you were very drunk,
THOMAS BEESLEY . I am a policeman. The prisoners were given into my charge—they were both the worse for liquor—the man was the worst—as I was taking them to the station, Harriet said she did pick up the purse, but she gave it back again—she did not say to whom.
JAMES SWINNEY . I am a policeman. I assisted in taking the prisoners to the station—I told the female she was charged with stealing a leather bag, with ten sovereigns—she said she acknowledged picking it up, but she gave it back again to the owner—I found a purse in James's coat-pocket, with 15s. in it, and 6d. in his trowsers' pocket—I asked him to account for the money—he said he received 9s. 6d. from his brother, and he could not account for the rest of the money—on the Monday following I asked where his brother lived—he said he did not know, he had not seen him for three or four weeks.
James Osborn's Defence. I never had the gold to my knowledge; I can account for the silver. I had 9s. 6d. for selling some duplicates to a man at the back of the Victoria, and 3s. I bad from Mr. Boycott, for cutting a print. I was quite as drunk as the prosecutor. If I had the money, it must have been taken from me. I would willingly restore it if I could, as he has been very kind to me. I have no recollection of offering a sovereign.
OLD COURT.—Monday, December 5th, 1842.
Third Jury, before Mr. Recorder.
AUGUSTE KOSSEN (through an interpreter.) I am a sugar-baker, and live in Crown-court, East Smithfield. On the 2nd of November I was near the London Docks, and met Smith and Francis—Smith was a stranger, I knew Francis before—he asked me, in German, if I had got work—I said, "No"—he said, perhaps they could get me some to-morrow morning, he must see the foreman first, and he sent Smith after the foreman—he sent me into a public-house, and said, "Sit down, I will fetch you from this house"—he fetched me from there down to the London Docks, to a bridge—I saw Driscoll, whom he called the foreman, and Smith, standing on the bridge—Driscoll wanted to give me only one day's work—Francis spoke to him, and then he told me he would give me a whole week—after that we all four went into the public-house and bad some gin and water—I paid Driscoll 5s. there, to get work as Francis said, "You will get some work next morning; I spoke for you"—we came out again, and they showed me the warehouse where I bad got to work—I went home—next morning I went to the warehouse, and was about an hour and a half there—I asked a man there for the name of Gillmott, which was the name he gave me, and there was no such name in the warehouse—I got no work—I called next morning and asked for the prisoners, and there were no such people there.
Cross-examined by MR. PAYNE. Q. You got your money back again, did you not? A. Yes—on the second day I met Francis and Smith—I afterwards went to Driscoll, at his mother's house, in a court at the bottom of Well-street—it was a poor place, and they appeared poor people—I asked him for my money—he told me to stop a little, and I should have it—I stopped outside—he told me he was very sorry about my not getting work—I was rather cross, and did not listen much to what he said—I got the money back, and also 1s. 8d. for the money I had spent at the public-house—Francis, Smith and I spoke sometimes in German—Driscoll did not seem to understand German.
COURT. Q. Did he seem to understand that he was to have 5s. for procuring you work? A. Yes.
Francis. Driscoll told me be was foreman of the warehouse. Witness. Francis did not tell me whether Driscoll told him he was foreman, or whether he knew it himself.
RICHARD MERRONY (police-constable H 167.) On Sunday the 6th of November, in consequence of what Kossen told me, I went into Well-court, Well-street—he gave Drissoll into custody, saying he had got 5s. out of him, representing that he was foreman of the wharf, and that he would get him work—Driscoll denied it—there were other Germans with the prosecutor—Driscoll denied all knowledge of them, and said there roust be a mistake—I told the Germans to come in separately, and point him out—they did so—there were two others there—the prosecutor charged him with having pointed out a warehouse, and representing himself as the foreman of it—he denied it again at the station—I went to the warehouse adjoining Hermitage-bridge—I found James M'Cann there.
JAMES M'CANN . I am wharf clerk at Hore's wharf, Hermitage-bridge. I was there on the morning the officer applied—I know nothing of the prisoners—there is no pretence for saying that Driscoll is foreman of the wharf—I never saw him at the warehouse or wharf—he does not belong to it in any way, nor do any of the prisoners.
JAMES WALTER (police-constable H 3.) Driscoll was locked up at Denmark-street station—he sent for me, and stated that he wished to make a statement of the truth of this affair—I warned him not to do so, it might be used against him—he then said that it was not his fault, that it was the other two prisoners, that they had represented him as a clerk in the London Docks, and that he had received some money from Kossen, but afterwards being frightened, he thought it was not all right, and returned it back.
JOHAM DEIDERICK LOHMAN (through an interpreter.) I live at Donselman's public-house, Hooper-square. I have been in England six weeks—three or four weeks ago I was at Donselman's with my brother, John Lohman—Smith and Francis came, and asked whether I had any work—I said no—Francis told me that he worked at the warehouses, and could give me and my brother work—they went away, saying that they would come next evening to fetch us, but they came the same evening, and said we should come with them—we went, and met Driscoll—he came out of the public-house—Francis said that Driscoll was the foreman, and Francis said that be would give us work—he spoke to Driscoll in English—Francis proposed that I should give 5s. to the foreman—I paid Driscoll two half-crowns—Francis said that was not enough, and I gave him another—Francis said that it was now enough—they had a quartern of gin in the public-house—I should have paid for it, but I had nothing but a Spanish dollar—Francis said I should give the Spanish dollar to him, he would exchange it, and give it back next day—he took it, and Francis and Driscoll went away—they put mine and my brother's names in a book—Francis said he would come for us himself at nine o'clock next morning, but Smith came—Francis said they should have to get six men more, and me and my brother looked up some more men under the idea that they would find work—they agreed to come with me and my brother—next morning, we got three of the men—we met Francis and Driscoll, and Francis said that they should also come with them—he told me that I could tell the men about the money, but afterwards he told them himself that they should give the foreman, pointing to Driscoll, something—they went to a public-house near the London Docks—two half-crowns and two shillings was paid there to Driscoll—Francis took it, and laid it on the table—as far as I know Driscoll took it up—Francis pointed two men out at work at one warehouse, and two at another—he pointed out where I and Bunkin would have to work—we saw one man working, and Francis said that man had to leave his work there because he was fond of liquor—we went into a public-house—Francis said that we and the other men should have work a whole week—he sent my brother to fetch them, and said that they should also work at the warehouse, but not till they had paid—he said they should begin to work in the afternoon—Smith and Driscoll went away together—afterwards Francis went, and told us that we might wait, and they would come again—Smith came afterwards, peeped in at the door, and then went away—we staid in the public-house till eight o'clock, and then went home—none of us were set to work—I paid my money in the belief that Driscoll was a foreman, and could set us to work—I saw nothing more of them till they were in custody a fortnight afterwards.
URTGIS BUNKIN (through an interpreter.) I live at a public-house in Leman-street. At the request of Lohman I went the following morning and met the prrisoners—Francis said that Driscoll was the foreman, and could give us work—I paid three half-crowns and 2s. for myself and two others, whom I do not know by name—I believed what Francis said, and parted with my money in consequence—Driscoll showed me the London Docks—Francis stated that I was to work near the water, close to the London Dock—that was the inducement to me to part with the money—he also pointed out to
Bunkin where he was to work—the prisoners took us to a public-house near a warehouse, where I saw Mr. Monk—I afterwards pointed out the London Dock to Eves.
JAMES EVES (police-constable H 14.) On the 6th of Nov. I was near St. Katherine's-street. I stopped Smith and Francis—I asked Francis if he knew a person named Driscoll—he said he knew no one of such a name—I told him he must go to the station—he said, "What for?"—I said, "For obtaining some money from some Germans"—he made no reply—on the way to the station we met Driscoll's mother—I stopped her and asked whether these two men were lodgers of hers—she said she did not know, they might have been—Francis said that he lived at a respectable house, and not at such a poor woman's house as that—we took them to the station, and sent for Lohman, who came and identified Smith and Francis—I went with Lohman and Bunkin to the warehouse—they showed me a wharf and granary at Dock-head—I met a Mr. Hawkins there.
Francis. I said I lived in a better house, but I did not know Driscoll nor his mother, not by that name.
RICHARD MERRONY re-examined. When Driscoll denied knowing either of these men, he said to me, "You know how I get my living, by selling jewellery"—I said, "Yes, I have seen you about with watches and a little jewellery among the sailors in the Highway"—he said, "I am no foreman, and you know very well I can't speak the German language—I could not understand what the men were talking about—they came and asked me if I would go and have a pint of porter with them—I went to a public-house, and when there one of the men said he was to give me 5s., which he did—in going to the warehouse Francis asked me for the money back again, and I gave it," and I believe he said Francis gave him 15d. out of the money, and afterwards, when Kossen came and told him that he could get no work, be gave him the money, and was given in charge.
Cross-examined. Q. You knew him, and had seen him before? A. Yes—his mother is a poor woman—I knew where they lived.
COURT. Q. He did not mention that Francis talked to him in English? A. No.
WILLIAM HENRY MONK . I keep the Golden Fleece, Bermondsey-wall. Lohman and Bunkin came to my house, about a month since, with six or seven foreigners—I saw Driscoll there—he asked for pen and ink, and went into the parlour where the foreigners were—I saw the other two prisoners at my house—it is about a hundred yards from the wharf where Hawkins is employed.
GRACE WELCH . I am a widow, living in Well-court, Well-street. I know Driscoll—his mother keeps a lodging-house, No. 8, Well-court—I have seen the other prisoners there for three or four weeks together—to the best of my knowledge, Driscoll lives there—I have often seen the three in company as they pass my door—I have seen them go out together—I am informed they lodged there, but am not certain.
Smith's Defence. Driscoll told me that he was a clerk in the warehouse; I paid him 6s. to get me work, and I lent one of the Germans 3s. to pay Driscoll; I belong to Denmark, and cannot speak more German than Driscoll can; I never took any money from any person.
Francis's Defence. I paid Driscoll 9s. to get me work; he said all the warehouses belonged to one company, and he was the foreman, and was to put some foremen into the warehouses; he said, "If you know some more
persons out of work, tell them to come to me;" I believed him, and I spoke to the people, and asked if they wanted work.
(Driscoll received a good character.)
DRISCOLL— GUILTY . Aged 20.—FRANCIS— GUILTY . Aged 20.— Confined Eighteen Months.—SMITH— GUILTY. Aged 20.—Recommended to mercy. — Confined Twelve Months.
WILLIAM FRANCATELLI . I am a tobacconist, and live at No. 52, Broad-street, Golden-square. This is my copper—it was in the back kitchen, not much fixed, any one could draw it out by pulling it—it was put in in the usual way—I know nothing of the prisoner—the lodgers leave the street door open from morning till night—I did not miss it till between one and two o'clock the following day.
JAMES WESTMORELAND (police-constable F 147.) On the 23rd of Nov., about half-past six o'clock in the evening, I stopped the prisoner in Stacey-street, St. Giles's, with this copper—I asked him where he brought the copper from—he said, "What copper?"—I said the copper he had on his head—he said his master had given it him to take to be repaired—I asked his master's name—he said, "Mr. Stevens, of Tottenham-court-road"—I said he must go back with me—he went to No. 16, Well-street, where Mr. Stevens lived, rung the bell, and asked if Mr. Stevens was at home—the servant said, "No"—she did not know what time he would be in—be then said, "I suppose you are satisfied now?"—I said, "No"—he said, "Perhaps if I take you to the person that is to mend it you will be satisfied?"—I said, "Yes"—he went to Mr. Fogg, a marine store-dealer, and said he was to get it repaired by nine o'clock next morning, for Mr. Stevens—I asked Fogg if he knew Mr. Stevens—he said no, neither did he repair old coppers—I then took the prisoner to the station.
Prisoner. I have been in the habit of working for Mr. Stevens; a fellow-workman gave it me to carry, saying it came from Steven's, and was going to Mr. Fogg, to be mended; when the policeman stopped me, the man ran away from me. Witness. I did not see any one with him. GUILTY of stealing only. Aged 18.— Confined One Year.
MARGARET FREEMAN . I am the wife of John Freeman, of White Lion-street. I know the prisoner by her coming to my shop—she sold me two duplicates for 1s.—on the Tuesday morning I missed a hammer off the counter.
Prisoner. I sold her my hammer; I went and said my husband would miss it, and asked for it; she said her husband had mine, but I could have this, and if I came again when he came home, I could have my own by paying 1d. more. Witness. I did not deliver this hammer to her instead of her own; she sold me one of her husband's, and that is at home now; I did not lend her this, or allow her to take it; I did not know it was gone till the policeman brought it to me.
Prisoner. You told me to be sure and bring it back, as it was a better one than mine. Witness. I did not.
Prisoner's Defence. I took it to sell with the tray, thinking it was my own.
GUILTY . Aged 36.— Confined Three Months.
(There was another indictment against the prisoner.)
WILLIAM WHITE . I am a warehouseman, and live in Wood-street. In August last, I had a slight knowledge of one Bennett, in business—about the 23rd of August he came to my warehouse in company with the prisoner—Bennett had been to me a day or two before—Bennett introduced him as Mr. Barnard, a very respectable man, who I should be very glad to do business with—he mentioned his name as Barnard, a draper, of Waltham-abbey—Bennett had told me I need not apply to the reference which he gave me, that he had a very good business at Waltham-abbey, and had been there some time—the prisoner then proceeded to look out goods to the amount of 12l. 0s. 4d.—I asked his name—he wrote down "Samuel Barnard"—he gave me a Teference to Mr. Sculthorpe—the goods were to be sent to the Easter Counties Railway—he said he would take them down with him—he had them the same day—I had not had any communication with Mr. Sculthorpe—I afterwards directed Pratt, who is in my service, to let him have goods—I let him have these goods, believing his name was Samuel Barnard—I would not have let him have them if I had thought it was a false name or address—in October Pratt made a communication about his wanting more goods, and I sent him down to Waltham-abbey—I have never had any money for the goods.
Cross-examined by MR. LUCAS. Q. He referred you to two persons, I believe? A. Yes—I never saw either of them myself—I sent Pratt to Mr. Sculthorpe a few days afterwards—I was sufficiently satisfied with Bennett's recommendation—I do not know whether Sculthorpe is a highly respectable man—I should not think he was—I had known Bennett two or three years to hold a respectable situation—it was in consequence of Bennett bringing him to my shop that I dealt with him—I saw the prisoner afterwards at my warehouse—the agreement was that we should draw upon him, but I did not—I have been offered a composition, and have refused it—there are four of us at the expense of this prosecution—I believe Mr. Winton is one—the prisoner was tried last Monday for obtaining goods by false pretences from Mr. Winton, and acquitted.
MR. DOANE. Q. Do those gentlemen, as Well as you, complain of being defrauded by the prisoner? A. Yes.
JOHN PRATT . I am warehouseman to Mr. White. On the 25th of Aug. the goods in question were packed up—the prisoner called that evening for them, and took them away—I had directed them to "Mr. Barnard, Waltham-abbey"—he came again on the 3rd of Sept., looked out more shirts, &c., which came to 2l. 9s. 6d.—they were packed, and directed as before, and taken away by him, and he gave an order for a dozen more—he called on the 8th of Sept., and I had them ready—he purchased a dozen collars at the same time, which came to 3l. 18s. 6d.—he took them away—he came again on the 27th of Sept., and had to the amount of 5l. 18s. 6d.—he had goods amounting altogether to 24l. 7s.—on the 8th of Oct. I went down to Waltham-abbey—I found nobody named Samuel Barnard carrying on the business of a draper there—he had given me no number of a house—I inquired for Samuel Barnard, a draper, next door to where he lived, but they did not know him by that name—I saw a shop without any name up—there appeared to have been a name, but it was erased.
Cross-examined. Q. Do not you know he was at that time living there?
A. I did not know it—I now know it, but not in the name of Barnard—the people said the name of Davis had been up—it appeared to be a milliner's-shop—I will not swear he did not keep a draper's shop there—I went to Mr. Sculthorpe, a wholesale hosier, in Goldsmith-street—he said he knew Mr. Barnard, that he had done a deal of business with him, and believed him to be a respectable man, and that he lived at Waltham-abbey—we forgot the name of the other reference he gave—Bennett's recommendation was sufficient—I have known him some years—I always heard him spoken of as a respectable man, living as a warehouseman in a wholesale house, but now I very much doubt whether he is respectable, or he would not have brought the prisoner to us.
CHARLES PRIOR . I am a house-agent at Waltham-abbey. I bad a shop to let there—in April last the prisoner came about taking it—he entered into an agreement, which I produce—he gave me the name of Samuel Ruffell—I ultimately let him have the shop—I do not recollect ever seeing him there afterwards—about the beginning of October I found the shop shut up—he had given me no notice—he went quite unexpectedly—I got no rent—some time after he came there, the name of Davis was written on a small tin-plate over the door—I believe the plate produced to be it.
Cross-examined. Q. Do you know that a lady named Davit lived next door, or in part of the premises? A. No—I know of no milliner's shop in the house—I never heard of it—there were some fixtures on the premises, which were given up with the key of the shop, by Mrs. Ruffell—I believe she is the prisoner's wife—they are principally shop fixtures, very trifling, altogether valued'at 8l. 2s. 6d., which is about two guineas short of my rent—he gave the name of Samuel Ruffell, not Samuel Barnard Ruffull.
SAMUEL BAILEY . I am in the service of Messrs. Winton. About the 11th of Oct. I went by their direction to Waltham-abbey, and inquired for Samuel Barnard—I could not find any such person—I went to a shop there, and found the goods which bad been sent to him from different houses—I asked for Mrs. Barnard—I did not find the prisoner there—I brought away some goods which I got from Mrs. Ruffell—I went over the house—there was an old mattress, a bed, and one or two dresses, and two or three bits of things, scarcely any furniture—I found 123 dummies stuffed with straw, and hay—that was the principal stock.
Cross-examined. Q. Did you find any goods of yours there? A. Yes—he had had them at different periods, from three to four months previous—I went down to see Mr. Barnard—I made several inquiries in the street for him, but not finding that name, I inquired of the landlord of the house, where I staid, and he said it was the shop that Ruffell was carrying on business at—I went there, and presented my instructions to the eldest lady in the shop, and asked for Mr. Barnard—she said be was not in—there were two ladies there—I did not hear the name of the other lady till some time afterwards—I believe it was Davis—I found a great many remnants of haberdashery and hosiery, and a piece or two of old flannel—I said I had authority from four or five creditors to take the goods—I most likely said that if she did not give the goods up, she would have to appear at Guildhall next morning, and be transported—I suggested the propriety of her acceding to the wishes of the creditors—they packed the goods up themselves, and put them into the street—I had two men waiting to take them away—I told her that her husband had been taken to the Mansion-house or Guildhall—I do not know a person named Tracey—I had a reference to Mr. Sculthorpe, and went to him.
MR. DOANE. Q. What amount of goods did the prisoner get from Mr.
Winton altogether? A. About 100l., only 17l. was paid—the creditors I represented complained of being defrauded by the prisoner.
THOMAS THEAKSTONE WOODHOUSE . I am a warehouseman in Aldermanbury, in partnership with my brother—in 1839 I knew the prisoner, carrying on business at Greenwich as a linen-draper—he is the bankrupt mentioned in these proceedings—I was one of the creditors—he never obtained his certificate.
JAMES BRANNAN (police-serjeant G 20.) After taking the prisoner into custody I went to Waltham-abbey—Mr. Prior gave me this tin plate with the name of Davis on it—I found it fitted the nail marks on the door.
Cross-examined. Q. How came you to take him in charge? A. He was given in custody by Mr. Tracey, who said he had obtained a quantity of goods under false pretences—I had no warrant.
MR. LUCAS called
JOSEPH SCULTHORPE . I am a commission agent, and live in Goldsmith-street—I know the prisoner—Mr. Pratt and several gentlemen came to me for a reference as to the prisoner—I said I had been doing business with him from last Dec. (he then lived in Blackman-street, Borough) and I would trust him to 50l. or 60l.; and I opened my ledger to show them—he moved from there to Waltham-abbey about five months back.
MR. DOANE. Q. What business are you? A. An agent in the hosiery way—I have a warehouse in Goldsmith-street, and have lived there fifteen months—before that I lived in Leicester, and carried on business as a hosier there, for about five years—before that I was in the dyeing line—I have lived at Leicester all my life—I came from there to London—I have been unfortunate in business—I was not a bankrupt—I paid every farthing I owed except 1, 000l. accommodation bills, on which I paid 8s. 6d. in the pound—that is two and a half years ago—I have not been unfortunate in business since then—I first became acquainted with the prisoner last Dec.—a friend of mine brought an order from him—I sent those goods to Blackman-street—I went to Blackman-street two or three times—I knew him by the name of Samuel Barnard—I believed that to be his name—I did not know that his name was Ruffell, nor that he was an uncertificated bankrupt—I was quite deceived in that—I never knew him as Ruffell.
MR. LUCAS. Q. Can you say whether the name of Barnard was over the door in the Borough? A. I cannot swear to that—I cannot recollect—I can swear that "Ruffell" was not over the door.
JAMES BATES . I am a porter, but am at present out of a situation—I knew the prisoner when he lived in Blackman-street, Borough—he kept a milliner and draper's shop, and in the general line—I knew him by the name of Barnard—Barnard was over the door.
COURT. Q. Did you know his real name? A. Yes—his name is Samuel Barnard Ruffell—he left the Borough four or five months ago.
COURT. Q. What name did he bear? A. Always Ruffell—he was baptized as Samuel Barnard Ruffell—I was aware of his being a bankrupt—he began business with good property—it was notorious that he had been a
bankrupt in the name of Ruffell—I should think nobody would trust him as an uncertificated bankrupt.
COURT to MR. WHITE. Q. If he had given yon die name of Ruffell, would you have given him the goods? A. Certainly not, his bankruptcy was very notorious.
GUILTY . Aged 28.— Confined Six Months.
(There were three other indictments against the prisoner.)
MR. WYLDE conducted the Prosecution.
WILLIAM ARNOLD . I now live at No. 26, Red Lion-street, Holborn. In October an action was brought against me by Mr. Morley—I remember the 26th of July perfectly well—from half-past six to seven o'clock that morning I went with my daughter to the steam-packet, and started for Gravesend about a quarter to seven, by the Star, the first packet—I arrived there at ten, and remained there all day, and returned on Tuesday evening the 26th—I reeived no paper or summons while there or previous to my leaving home, either that day or the day before—I opened my house-door that morning.
MARY ANN ARNOLD . I am the daughter of last witness. On the morning of the 25th of July last I got up about half-past six o'clock, accompanied my father to the boat, saw him go on board, and then went home again—between eleven and twelve that morning the prisoner called—he said he called to sec my brother before he went to sea—he said he himself was going to Calcutta on Wednesday the 27th—I told him my brother was gone to sea—I did not take in any paper that morning.
Cross-examined by MR. DOANE. Q. Where is your house? A. No. 4, Hawkins-street, Sydney-street, Mile-end—that is about a mile and a half from the West India docks—it is in the direction of the docks.
COURT. Q. Did the prisoner know your father by sight? A. Yes. EMMA ARNOLD . I am the daughter of Mr. Arnold. On the 25th of July about eleven or twelve o'clock, I saw the prisoner—he asked' if my brother was at home, and stated that he was going to sea next day—he did not call before my father left home that morning—I was present on the 29th, when the prisoner was taken—be said that is name was Drake, that he was not the person—on going to the station, he said that be never did serve my father with a copy of a writ, that Collins was at the bottom of it—Collins is his brother-in-law, and was in my father's employ four or five years—I have often seen the prisoner come to see him while we lived at Brighton, and at times in London, when my father has been present.
Cross-examined. Q. When did Collins leave the service? A. It is four years since he lived with us, but he was with my father a short time, since we have been in London—it is seven or eight months since I saw him last—my father was a pastry-cook, and Collins was a servant in the shop.
WILLIAM PERRY . I am clerk of the appearances of the Exchequer-office of Pleas, and am deputy roaster—I take affidavits under 5 George 1l. cap. 27—there are five masters—I am appointed by them—I am not sworn—the Act empowers the clerk of the appearances to take affidavits—I take them by virtue of my office—I produce an affidavit sworn on the 25th of July, 1842, at the Exchequer-office of Pleas, Lincoln's Inn, signed by myself—I do not know the prisoner—it was not signed in my presence, but was brought ready signed.
Cross-examined. Q. Did you administer the oath? A. Yes—I do so in all cases—the person who presented it swore that to be his name and hand-writing, and the contents of it to be true.
MR. WYLDE. Q. That is the usual course of swearing affidavits? A. Yes—it is signed "Samuel Hayselden"—they generally sign their name on a desk in the office, not one in fifty sign before me—they acknowledge it to be their band-writing.
DAVID WILKINSON . I am clerk to Mr. Casley, attorney, of Guildford-street—I remember some legal proceedings having taken place between Morley and Arnold—I issued this writ of summons at the beginning of June, I think—I have seen the prisoner on two occasions—on the 25th of July he called at the office with Mr. Morley, and stated that he had served the copy of the writ on Mr. Arnold—I made the usual endorsement, and he signed it in my presence—I prepared this affidavit in accordance, and he signed it—I took him before Mr. Perry at the Exchequer of Pleas office—I saw him sign his name to it—this is his signature.
Cross-examined. Q. Did you read it over to him? A. Yes—I am quite sure of that.
ISAAC MORLET . I was plaintiff in the action of "Morley against Arnold," conducted by Mr. Casley—I was told by a party that the prisoner knew Mr. Arnold, and was induced to request him to serve the writ.
Cross-examined. Q. How long have you known him? A. I never saw him, and know nothing of him.
MR. ARNOLD re-examined. I have been in the prisoner's presence many times, and he knows me perfectly well—I have known him seven or eight years—he has been a baker.
The affidavit being read, stated that he, (the prisoner,) on Monday, the 25th of July, served Mr. Arnold with a true copy of a writ of summons.
MR. DOANE called
ANDREW ALLEN . At the time in question I was living in Duke-street, Lincoln's Inn-fields—I have known the prisoner six months—I have been at sea for the last two or three years—I recollect the 25th of July, as I was about getting the prisoner a situation on board the Plant genet that day to go to India—she was engaging hands that day—he had agreed to go—I met the prisoner that day by appointment to go there—he told me he had got a writ to serve on a party down at Mile End—I said it would not be far out of the way, and I would go with him, and we could go to the docks afterwards—we went to Hawkins-street, or rather beyond it—we did not go to a house in Hawkins-street, but in the next street—I rather think it was Sydney-street, but I am not acquainted with the neighbourhood—we went to a public-bouse there, about eleven or twelve o'clock, I should suppose, but I am not particular to the time—I was in company with the prisoner all the time—he told me he had got a writ to leave for a Mr. Arnold—there were two or three persons in the public-house—the prisoner took out the copy of the writ as he told me it was, and gave it to a person who he told me was Mr. Arnold, told him be had got the principal here, and showed him both—I cannot describe the man very particularly that he gave it to—I never saw Mr. Arnold to my knowledge—the prisoner gave the man the paper, and told him that was the copy of the writ, and there was the principal—the man used some hasty and abusive expressions to him at the time of his doing so—we hired a cab directly afterwards, and went to Mr. Morley the plaintiff—I think I first met the prisoner about ten o'clock tbat day—we did not go to any other place but the public-house—we walked straight from Holborn to Mile End.
COURT. Q. What are you? A. I have been to sea—I hare been doing nothing ashore—I recommended the prisoner to this ship, because I had been in it myself, and thought I had some influence—I went on board with him, but we were too late, all hands were engaged, or he would have got the situation—the ship has since sailed—I was not going in her.
MR. WYLDE. Q, Have you left the ship altogether then? A, Yes, I left directly I came home from my last voyage, as my services were not required after she came into dock—I was cook, and had recommended the prisoner as baker and cook—I think the name of the public-house we went to was the Red Lion, but I cannot swear whether it was the Red or White Lion—I do not know whether there is more than one public-house in the street—we staid there perhaps ten minutes, and had some liquor—there was only one other person there besides the prisoner, myself, and the man he called Arnold—I did not particularly observe the man—he was not very tall—I made no remark as to his hair or whiskers—I think that it was in Sydney-street, but I cannot swear it—it is at the bottom of Hawkins-street, coming from Mile End-gate—it is about a mile and a half from the East India Docks—I sever saw a writ served before—we went to Mr. Morley's, in Harrison-street, Gray's Inn-lane—I do not know what the prisoner did there—I staid while he went in, we then went down to Chancery-lane, and then walked to the dock—we got there about two o'clock—I think we got to the public-house about twelve o'clock—I had told him previously to come to me, and I would try and get him a berth in the Plantagenet—I met him quite accidentally in. Holborn, and he told me he was going to serve the writ—I went with him, not being aware he would have to come back again before we went to the docks—he paid for the cab.
MR. ARNOLD re-examined, I am not aware that there is a public-house, called the Red Lion, in Sydney-street—there is a public-house there—the prisoner could not possibly have mistaken any one else for me—he has been I should say a hundred times in my company, And spoken to me—I once accompanied him to Gravesend, and spent the whole day with him at his brother's—when I returned home on the 26th, I found no paper or any thing left for me.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Six Months,
NEW COURT.—Monday, November 28th, 1842
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 23.— Confined One Week,
73. GEORGE WILLIAMS was indicted for stealing, on the 31st of October, I parasol, value 2s. 6d.; and I pair of clogs, 2s. 6d.; the goods of James Wyon; and that he had been before convicted of felony; to which he pleaded•
GUILTY . Aged 34.— Confined Six Months,
74. JOHN KENNARD was indicted for stealing, on the 28th of October, in the dwelling-house of Thomas Watts, 1 bag, value 6d.; 57 sovereigns, 2 half-sovereigns, I 10l., and 2 5l. Bank-notes; the property of James Paynter Davis; to which he pleaded
GUILTY . Aged 17.— Confined Twelve Months,
GUILTY . Aged 20.— Confined Four Months.
(See page 70.) NOT GUILTY .
NEW COURT.—Tuesday, November 20th, 1842.
Sixth Jury, before Mr. Common Sergeant.
77. WILLIAM SMITH was indicted for stealing, on the 21st of November, 1 box, value 7s.; 4 shifts, 12s.; 4 nightcaps, 1s.; 1 shirt, 2s.; 2 aprons, 1s. 8d.; 9 collars, 5s.; 1 pocket, 1s.; 12 handkerchiefs, 8s.; 7 petticoats, 10s.; 7 pairs of stockings, 7s.; 9 towels, 6s.; 4 bedgowns, 4s.; 3 tablecloths, 6s.; 1 pair of drawers, 2s.; 1 apron, 1s; 1 bustle, 1s.; 2 pillow-cases, 2s.; 29 napkins, 1l.; and 1 gown, 1s.; the goods of Edward Abraham de Graves.—2nd COUNT, stating them to be the goods of Edward Shepherd.
JAMES JOHNSON . A t half-past four o'clock, on the afternoon of the 21st of November, I called at Mr. De Graves, and took a box, and put it into my cart—I went away with it, and missed it about six o'clock—this is the box.
RICHARD JORDAN (City police-constable, No. 412.) I stopped the prisoner with this box on his shoulder, about a quarter past six o'clock at night, on the 21st of November—he said a gentleman in front gave it him to carry; but I saw no gentleman, and he could not point one out.
Prisoner's Defence. I was in Cheapside. A man said he would "give me 6d. to carry it; I carried it about 200 yards, and the officer stopped me.
GUILTY . Aged 17.— Confined Six Months.
78. JAMES BLACKBERRY was indicted for stealing, on the 23rd of November, 1 handkerchiefcvalue 5s., the goods of Preston Newburn Brunton, from his person; and that the had been before convicted of felony.
PRESTON NEWBURN BRUNTON . I am the master of a brig. I was in Lombard-street on the 23rd of November—I felt some one touch my pocket—I turned, and took the prisoner with my handkerchief in his hand—I gave him in charge—this is my handkerchief—I am sure of it—it has no mark, but I know the pattern—the prisoner said a boy took it out of my pocket, and threw it upon him.
Prisoner's Defence. A boy picked the pocket, and before I could get to the gentleman he threw it on my shoulder. I was taking it off as the gentleman turned and took me.
GUILTY .* Aged 19.— Transported for Ten Years.
79. JOHN RILEY, Jun., and JAMES HURLEY were indicted for stealing, on the 8th of Nov., 45lbs. weight of tea, value 13l.; and 1 chest, 1s.; the goods of Richard Marshall Phillips, and another, in a vessel on the navigable river Thames; and THOMAS WILLIAMSON , for feloniously inciting him to commit the said felony.
MR. CLARKSON conducted the Prosecution.
Monday, the 7th of November, I went on board the brig Newberry, which was lying alongside the Dummy at Nicholson's wharf—there were nine chests of tea in the cabin—I unlocked the hatchway, and went through it into the cabin—I came out of the cabin door by unfastening the inner fastening—I then got on the top, fastened the hatchway door, then returned to the cabin, and made myself fast below—in about a quarter of an hour I heard something, on opening the door I saw Riley there—it was then about half-past eight o'clock in the evening—I made a communication to the foreman.
RICHARD JOHN PEARCE . I am lighter man in the service of Messrs. Phillips and Graves. Between five and six o'clock, on Tuesday, the 8th of November, by the direction of Middleman, I was going on board a brig called the Webb, lying at Nicholson's wharf—there should have been twenty-seven chests of tea on board—when I had been on the quay three minutes I saw two persons, whom I believe to be Riley and Hurley, in a lug-boat, with a chest of tea, lying alongside the Webb—I called out, "Yo ho"—they directly went away over the craft, over the Dummy, and got away as fast as they could—when I was on the quay I heard Riley say to Hurley," Shove the boat astern"—the effect of that would have been, that it would have got unto the stream of the river—I went on board the boat, and found a chest of tea in it—I went on board the Webb, and found twenty-six chests of tea—I took the chest, and put it into the brig—then I went on shore, and told what I had seen.
Cross-examined by MR. PAYNE. Q. When did you tell the foreman? A. About ten minutes afterwards—I never quarreled with Riley—I was in the service of Mr. Gray twelve months ago—I was not discharged from there, I left Mr. Gray, and his brother told me I might have my situation back again—I was discharged about some brandy which I bad the charge of—I believe eight gallons were lost out of the boat—Mr. Gray charged me on account of it—be did not turn me away on that ground; he said if I cleared up my character I should have my situation back again—Riley's father threatened me for leading his son into company, and I went to him and asked what he meant—he did not threaten to lock me up—I told hire I had nothing to do with his son—I had been in his company half-a-dozen times for an hour or so—I was on board a steam-boat four years—I left it—they did not turn me away—I served my apprenticeship in one—they did not charge me with smuggling—I have been in four services—I have not been turned away from any—I have been in the prosecutor's service two months—I lived with Mr. Phillips himself, before that, for six months—I was up till twelve o'clock one night, and they would not pay me for it—before that I had been in the service of Mr. Crawford near eighteen months, on board the Emerald steam-boat—I was not turned away.
Cross-examined by MR. HUDDLESTON. Q. Did not Hurley come, for a jacket on this day? A, No—I was last on the vessel a week before T went in the punt—I had not been in the barge or lug-boat that day, I swear.
MR. CLARKSON. Q. Did Wicket see the chest that you brought from the lug-boat? A. Yes—the foreman communicated to Wicket what I had seen.
ALFRED WIGGET . I am in the employ of the prosecutor. Between five and six o'clock on Tuesday evening, the 8th of Nov, I was at the Antigallican-public-house, in Billingsgate—I saw Hurley and Riley there together that night between five and six—they went out after I had been there two or three minutes—I did not see them any more—Pearce came in about a quarter of an hour after, and said the chest was gone out of the barge—I knew Pearce as working with him—I saw the chest pointed put by Pearce—it was one of the twenty-seven.
Cross-examined by MR. PAYNE. Q. How long have you been in the prosecutor's
service? A. Three years'—Riley was apprenticed to his father when in their employ, and served the prosecutor for twelve months after as his father's apprentice.
MR. CLARKSON. Q. How long ago is it that Riley worked for the prosecutor? A. About two years—he knew they used that wharf.
THOMAS MIDDLEMIST . I am foreman to the prosecutors. I went with the policeman to take Hurley on a Thursday—he was given in charge by Mr. Phillips, at his house in Rood-lane—he asked if we had got Riley—I had not said anything about Riley—I saw the chest of tea which had been removed from the Webb—it belonged to my employers.
RICHARD MARSHALL PHILLIPS . I am in partnership with Mr. Grover; we are lightermen and Custom-house agents. I went on the quay about three o'clock on the 8th of November, and saw our lug, the Webb, laden with twenty-seven chests of tea—while the Webb was there I saw a lug-boat there belonging to Riley's father—one of these chests would be worth about 14l.—if we had lost it we should have been liable for the value and the duty, which was not paid.
Cross-examined by MR. PAYNE. Q. Had Riley's father been in your employ? A. Yes—Riley worked for us four or five years—I never had any reason to complain of either of them.
Cross-examined by MR. HUDDLESTON. Q. Were you the person who gave Hurley into custody? A. Yes, at my private house—I had not been telling him about this before—he was brought by the policeman, and went from my house to the station.
MR. CLARKSON. Q. Did Riley know your barge, the Webb? A. Yes, perfectly—his father did business at the same wharf, and his boat might be there properly.
JOHN EABTON TAYLOR. I am a lighterman, in Lower Thames-street. About half-past seven o'clock, on the 9th of Nov., Williams called at my counting-house for his orders, and was taken into custody—after I had been to the station I came back to my premises, and saw Riley waiting—I looked at him—on my doing so he walked away.
Cross-examined by MR. PAYNE. Q. That was on the Wednesday night, was it not? A. Yes, it was. NOT GUILTY .
JAMES MORTIMER CARTER . I am a butcher, and live at Aldgate. The prisoner was in my employ at the beginning of Jan.—it was his duty to receive money for roe, and to pay it on his return—if he received from Mr. M'Creath, on the 25th of Jan., 17s. 1d., on the 2nd of Feb., 1l. 2s. 8d., and on the 9th of Feb., 13s. 11d. he did not pay them to me—I had a running account with Mr. M'Creath—the accounts were sent in weekly, and they ran on till June—on the 16th of August the prisoner paid me 9l. on that account—he said that Mrs. M'Creath had sent 9l. and her compliments, and she would let me have more as soon as possible—the account up to June was 21l. 3s. 11 1/2 d., and up to August it was 25l.
Cross-examined by MR. BALLANTINE. Q. I believe you wish to act favourably towards him? A. I wish for justice, and no more.
MARTHA M'CREATH . O n the 25th of Jan. I paid the prisoner 17s. 1d.; on the 2nd of Feb. 1l. 2s. 8d.; and 13s. 11d. on the 9th of Feb.—I do not know how much I paid him between the 25th of Jan. and the 16th of Aug.—I have got all my bills here—they; exceed 20l. between Jan. and Aug.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Four Months.
JAMES MORTIMER CARTER . I send out the articles I tell—I am in the shop, and generally weigh them myself—Mrs. Carter books them—sometimes I book them myself, I copy from the day-book into the ledger—the prisoner did not pay me 11s. 3d. on the 19th of Oct.; on the 26th of Oct 19s.; nor, on the 10th of Nov., 1l. 9s. 3d.—if he received them on either of those days, he ought to have paid me.
Cross-examined. Q. Your wife keeps the day-book? A. Yet, generally—I have other persons in my employ, who occasionally account to my wife,
NOT GUILTY .
MARY HARDING . I am the wife of William Harding, of New-street, Kensington Gravel-pits. I went to gather hops in Sept., and left my bonnet in the bottom drawer of a chest of three drawers, in a small back-par lour—the prisoner lodged there—when I came home I missed it—I met Mary Johnson with it in the street.
Prisoner. Q. Did I not come back, and ask you if you had sold it, as I heard there was a bonnet lost? A. Yes, and I said I could not tell who I had sold it to.
Prisoner's Defence. The person I sold it for was an acquaintance of Mrs. Harding, she had sprained her uncle; she said she had taken this bonnet in lieu of 1s. which was due to her.
(The prisoner received a good character.)
GUILTY . Aged 46.— Confined Ten Days.
PRESTON pleaded GUILTY . Aged 17.— Confined Three Months.
GEORGE PULLEN . I live at Stanweli. I had a sow and six pigs—I misted one on the 6th of Nov.—I did not see them after the 4th—I should not know it again—it is cut to pieces—I believe this to be the head—(looking at it.)
EDWARD GODFREY (police-constable D 73.) I went to the prisoner's lodging, and asked Preston what he had done with the pig he brought home—he said he knew nothing about it—I then went to the next room, and found a pig in a basin—the head was wanting—I afterwards found the head in a boiler on the fire—I showed it to the prosecutor, and it corresponded with what he had lost as near as he could say—Keep was there, and said he was surprised that I should take him—I then examined, and there was one person's foot-marks from the prosecutor's to the prisoners', and two persons' foot-marks to the prosecutor's house—I examined them with the prisoner's shoes, and they corresponded exactly—they went within 100 yards of the prosecutor's.
Cross-examined by MR. PRICE. Q. Did you put the shoes into the marks? A. I did—they were men's shoes.
WILLIAM LAY . The prisoners lodged at my father's—I got up at five minutes past seven o'clock—I came down stairs—Preston came in alone, and asked for a kettle of hot water—he put a little black pig into the water—Keep came in about half-an-hour, and they both dressed the pig.
KEEP— NOT GUILTY .
GUILTY . Aged 22.— Confined One Month,
85. JANE BROWN was indicted for stealing, on the 30th of Oct., 1 gown, value 3s.; and 1 shift, 2s.; the goods of Mary Janet Kemp: and 1 gown, 3s.; 1 shawl, 2s.; 1 bonnet, 1s. 6d.; and 1 collar, 6d.; the goods of Louisa Lawson.
MARY JANET KEMP . I am matron of the London Female Mission Establishment for unfortunate females, in White Lion-street, Pentonville—the prisoner was an inmate there. During divine service, on the 30th of Oct., she left the place in which service was conducted, saying she was ill, and remained out in the grounds for a length of time—I sent another inmate after her—she said she could not return—after the service was over, we missed her and a shawl, a bonnet, and a gown, which belonged to the institution, and were under my care, and some other things of another person.
JANE WHITE . I am an inmate of the place—I saw the prisoner on the steps of the covered walk—she had the property, and threw it over the wall into the adjoining premises—the woman of the next house gave the bundle to me over the wall—it contained these articles—the prisoner was trying to make her escape over the wall, but was stopped.
GUILTY . Aged 23.— Confined Six Months,
MATILDA DUNN . I am the wife of Thomas Dunn, of Prirce's-court, Whitcombe-street. The prisoner was in my employ for nearly six weeks—after she was gone I missed a book, and other things—these now produced are them.
GUILTY . Aged 34.— Confined Three Mouths.
NEW COURT.—Wednesday, November 30th, 1842
Fifth Jury, before Mr. Common Sergeant.
87. JAMES TURNER was indicted for stealing, on the 30th of Oct., 1 jacket, value 15s., the goods of Henry Kelly: 1 jacket, 15s.; 1 waistcoat, 6s.; 1 pair of trowsers, 8s.; 1 handkerchief, 6d.; and 1 sock, 6d.; the goods of Charles Henry Style: and 1 key, 6d. the goods of Henry Pengelly; in a certain port of entry and discharge; to which he pleaded
GUILTY . Aged 48.— Confined Four Months.
GUILTY . Aged 17.— Confined Three Months.
89. JOSEPH BIRT was indicted for stealing, on the 27th of Oct., 1 chaise, value 5l., the goods of William Barker; also, on the 15th of Oct., 1 chaise, 30s., the goods of William Moore; on the 14th of Oct, 1 chaise, 14s., the goods of William Oldman;to all of which he pleaded
GUILTY . Aged 28.— Transported for Seven Years.
90. JAMES HOLLAND was indicted for stealing, on the 19th of Nov., 1 purse, value 1s.; 4 sovereigns, 2 half-sovereigns, 2 half-crowns, 4 shillings, 1 groat, and 2 half-pence; the property of Eliza Anne Clabbon, from her person.
ELIZA ANNE CLABBON . I reside with Mr. Hughes, of Hampton-terrace, Edgeware-road. Between one and two o'clock, on Saturday, the 19th of Nov., I got into one of Cloud's omnibuses, at the Haymarket, to go to the Bank—I had my purse in my right-hand pocket, containing the money stated—I sat on the right-hand side, close to the door—the prisoner got in in the Strand—some ladies got out at St. Clement's Church, and then I changed my seat to the left-hand side, higher up—the prisoner sat next to me—he drew himself up next to me—he had a cloak on his arm—it was thrown a little over my dress, but not sufficient to attract my attention—when we got to Ludgate-bill he got out—the conductor asked if I bad my purse—on feeling in my pocket, I found my purse and money was gone—he had sat on the same side as my purse was—I had eroded over in the omnibus, because it was a dirty day, and I did not like sitting next the door—the purse and money were found—they are mine.
Cross-examined by MR. BODKIN. Q. How long had you been in the omnibus before the ladies got out? A. About ten minutes—they were sitting higher up than the prisoner—two ladies were sitting at the end, with their backs to the horses, and one on the left band—I got oat when I found my purse was lost—I did not pay my fare myself—the person who paid my fare had not been in the omnibus—it was a person who joined me in the crowd, after I had left the omnibus—I had never seen him before—he was requested to go away before the depositions were taken at the station—there were two or three men in the omnibus, but they were elderly men—I am certain the gentleman who paid my fare had not been in the omnibus—he was a young man—he did not join me till two minutes after I left the omnibus.
THOMAS WIGGINS . I am a conductor of Cloud's omnibus. The prosecuntrix got in at the Haymarket, and the prisoner at the Strand—I suspected, and watched him—just before we got to Temple-bar I had two sadist to put into a cab—the prosecutrix was sitting on the right side—she crossed over, and the prisoner made close up to her—he had a cloak, which he threw partly over her
dress—I watched him nil down Fleet-street—his left hand was up to his bosom, and I could see by the motion of his shoulder that his right hand was at work—when we got to Fleet-street, be took his hat off, with his left hand—when we got on to Ludgate-hill, he paid his fare, and wanted to get out in a hurry—I asked the prosecutrix to search her pocket, and she missed her purse—the prisoner ran away, down Pilgrim-street, on Ludgate-bill—he came out Into St. Mariin's-court, came round a corner, and ran into the Cock public-house—I caught him by the collar, as he came out, and brought him on to ludgate-hill, till I found a policeman—the landlord came out to know what was the matter—I asked him to go and set if he could find anything, and he found the purse.
Cross-examined. Q. That is a very crowded part of London, is it not? A. There were not many persons there—I lost sight of him for half a minute, as he turned out of Pilgrim-street—the prosecutrix-did not hesitate as to his being the man—he was quite a stranger to me—I know nothing of the person who paid the fare—I said to the policeman, "I don't know whether that man was anything to do with the prisoner, he makes himself very officious," and he went away instantly.
COURT. Q. Have you any doubt about the prisoner's being in the omnibus? A. I am sure he was.
ENEAS GRINDER . I keep the Cock public-house. I heard the cry of "Stop thief"—I went out, and saw the prisoner just going out of my house——I found this purse under the form in the bar—I gave it to the officer—I did not open it.
Cross-examined. Q. I believe you were at dinner? A. Yes, in the inner bar—the parse was found just in at the front door.
Cross-examined. Q. Were you at the station? A. Yes—there was a young gentleman there—there appeared a dialogue between him and the prosecutrix, but he soon withdrew.
(Property produced and sworn to.) GUILTY .* Aged 29.— Transported for Ten Years.
91. HENRY GAINES and JOHN RILEY, Jun., were indicted for stealing, on the 13th of Nov., 1 barge, value 50l.; 133 quarters of oats, 133l.; 48 quarters of beans, 48l.; and 364 sacks; the goods of William Butt, in the said barge, on a certain navigable river called the Thames.
WILLIAM BATT . I am a lighterman, living in Gedling-street, Bermondsey. I have a barge, called the Christopher—she was safe between eleven and twelve o'clock on Sunday, the 13th of Nov., at Beaufort-wharf, Strand—she had on board 181 quarters of corn, 133 of oats, and 48 of beans, and 364 sacks—I left her in charge of William Edkins, the watchman—on Monday morning, the 14th, I found her at Lack's Dock, Vauxhall—the had no business there—she had been fastened, and could not go with the tide.
Cross-examined by MR. PAYNE. Q. When did you last see the barge? A. A little before twelve o'clock in the day, on Sunday, the 13th—it was high water about eleven, and at night it would be a little later—I made her head-fast fast round the stern ring of a coal-barge—it could not have got adrift—I have heard of persons cutting barges adrift, for the purpose of getting something for finding them—I never had such a thing happen to me.
WILLIAM EDKINS . I am watchman at Beaufort-wharf. This barge was put in my care, between eleven and twelve o'clock, on the Sunday—she was gone between nine and ten in the evening—she could not have gone away without some one had moved the chain head-fast off her.
Cross-examined. Q. Did you see it made fast? A. yes I missed it very near ten o'clock.
JOHN INGS (police-constable L 22.) Between two and three o'clock on the 14th of Nov., I was called to the Christopher barge, at Vauxhall—the two prisoners were in the cabin—I had seen them between twelve and one go down the dock—the barge was aground—the prisoners were dressed, and lying on sacks—I was informed the barge contained oats.
JOHN COX . I am in the employ of the London Gas Works, at Vauxhallwharf—I was there on Sunday night, the 13th—about eleven o'clock I saw this barge—she was made fast to one of the outer piles—there was a skiff lying alongside her—there were only two persona on board—it was highwater—the barge would have an opportunity of coming up with the tide—there was no barge there ten minutes previous to that—it was high-water about eleven.
WILLIAM FORTY . I am a Thames police-inspector. I received information between twelve and one o'clock on the Monday morning that the Chiristoper had been stolen from Beaufort-wharf, belonging to Mr. Batt—I found her at Lack's Dock, Vauxhall, and found the two prisoners in her—I asked their Barnes and addresses—Riley gave me the name of Ridgeway, No. 30, Rood-lane, and Gains gave me the name of William Clark, Queen's Arms-court, Upper Ground-street, BIackfriart-road—l asked how they came there—they laid, to ease themselves, and seeing the barge cabin open they weat in there to sleep, as they lived so far off—I asked where they came from—they said from Battersea,. they had been to Ridge way's grandmother's—I asked what time they left there—they said about ten o'clock—Beaufort—wharf is about half a mile from Rood-lane.
Cross-examined. Q. you found they had given the right address, though wrong names? A. Yes.
Cross-examined. Q. These are kept by lightermen in case they have forgotten their keys? A. Sometimes.
MR. PYNE CALLED
ELIZA SPAREHAM . I live in Cottage-plate, Battersea. Riley's grandmother lived mxt door to me—she removed three weeks last Monday—on Sunday fortnight, the 13th of Nov., I saw the two f/risonert at Battersea—they called at my house about eleven o'clock at night, to know where the grandmother lived. NOT GUILTY .
GEORGE HILL . I am a farrier, and live in Cumberland-row, Islington. The prisoner was in my service, and was employed to take my weekly bills to Mr. Hughes—If he received on the 24th of Sept., 14s. 8d. or on the 1st of Oct. 1l, 2s. 10d. the has not paid them to me—he ought to have paid the same evening—I am quite sure he has not paid them.
Cross-examined by MR. JONES. Q. HOW long has he been in your service? A. Two years—he has received many sums for me, and paid them over to me—he lias been in the habit of receiving accounts from other customers, for which I allowed him a per-centage—I have not received any part of these two sums—heleft my service in the early part of Oct., for drunkenness and abuse—I have seen him many times since—I have not been negotiating with him about the payment of this money—I met him in Leatherlane—I
walked with him to Exmouth-street—he was talking about these sums, but I made no reply—I did not tell him I would see him another time, and make some arrangement—I do not know from my wife that she has received 2l. 3s. from the prisoner's wife on account of money he collected—my wife is not here—I believe she has seen his wife—she proposed to pay 5s. a week, or to let him be employed again, and let half his wages go—upon my oath, I did not say to her, "Very well, see Harper, and make arrangements," nor that I would see if he called on me—I manage my affairs myself—in my absence my wife might receive an account—I keep my books—my wife would not give a receipt in my name, but in her own—I have seen the prisoner pass me many times since I dismissed him—I gave him into custody about the end of Oct.—I knew he had received these sums before he left—I ascertained it from his wife five or six days after he left—I did not say if the money was not forthcoming soon the law must take its course.
JOHN BEASLEY . I am in the service of Mr. Hughes, of Duncan-street, Islington. On the 24th of Sept., I paid the prisoner 14s. 8d.—here is the bill and his receipt—on the 1st of Oct. I paid him 1l. 3s. 10d.—this is the bill and receipt.
Cross-examined. Q. Did you see him receipt them? A. No, it was ready written.
THOMAS TYLER (police-constable N275.) I took the prisoner, and found on him a knife—when I was going to search him he said, "You will find tome dice, I am going to have a raffle to night, to pay Mr. Hill."
(The prisoner received a good character.) GUILTY. Aged 33.—Recommended to mercy by the Jury. — Confined Three Months.
MR. PRENDERGABT conducted the Prosecution,
JOHN HILL . I am a goldsmith, and live in St. James's-walk. On the 20th of June, the prisoner called on me—he applied for work—I had never seen him before—I said I had none for him—about a quarter of an hour afterwards I missed a parcel containing a gold guard-chain, a brigade-chain, and a seal-key, worth about 4l., 15s.—I had just put it down on the counter when he came in—on the 24th of Oct., I was spoken to by a female—in consequence of what I heard I gave the prisoner into custody, I went with the policeman to a house in Field's-terrace—the policeman there found a declaration, which he took possession of—the prisoner was not there then—I went there twice—the first time I saw the prisoner in that room, he said it was his—he was working at Mr. Norman's, in Wyngate-street—this is the curb gold guard—this is the brigade chain and seal-key—they are all mine, and they I were all in the parcel.
Cross-examined by MR. PAYNE. Q. YOU heard from the female four months after? A. Yes—I cannot speak so well to the swivel and chain, but a workman here can—the chain I lost was an ounce chain, and this is an ounce within a grain and a half, which it might lose in the four months—I cannot say it exactly weighed an ounce—the prisoner called a few days after lost them—I told him I had lost these things, and he made off directly—he called on me twice before I gave him into custody—I found him working in the neighbourhood—he makes chains.
On the 13th of Sept. I ordered a guard-chain of the prisoner, and he brought this—I delivered the same chain to the constable.
Cross-examined. Q. Had it been out of your custody? A. I cannot say—I might have shown it to a party.
Cross-examined. Q. When did you get it? A. On the 24th of October—I have kept it in my pocket—when the prisoner was committed I gave it to the inspector to be locked up—I got it from him this morning.
MR. PRENDERGAST. Q. Where did be get it from? A. His desk—It was wrapped up with some duplicates, and I found it with some duplicates—these are them and the declaration—I went with the prosecutor to the prisoner's room—I took the declaration from the chimney in that room—I took the prisoner in that room, and heard from him that it was his room.
Cross-examined. Q. What makes you so certain? A. There is a particular mark on the edge, which I never put on any other—I should think I made it five months ago—I never made one like this.
SPENCER LEE . I am shopman to Mr. Walter, of High-street, Mary-lebone. I produce the brigade-chain and seal-key which were pawned at our house—I cannot say who by—this is a declaration; when a person has lost the duplicate of any property, they apply for a declaration which they take before a Magistrate, and declare they have lost the duplicate—this has been declared before a Magistrate, but has not been used to redeem the property—it relates to a chain and seal for 14s. pawned 21st of June, in the name of Caroline Langhorn, 14, Goodge-street—the description tallies with the articles—there was a woman before the Magistrate at the 2nd examination—she was the woman who got the declaration from me.
GEORGE HADOCK re-examined. When I took the prisoner, I took him to Field-terrace—when he got there, he asked the landlady for a key—she did not give it him—it was in the door—he opened it by the key, and said that was his lodgings—he said, "Allow me to open it, there is some difficulty in the lock"—that was the room in which the declaration was found—I brought a woman to the police-office as a witness—the prisoner said she had been living with him—the pawnbroker saw her—she was discharged by the Magistrate—I afterwards' found her very ill at the hospital—she seemed willing to say something at first, but afterwards she altered her mind.
Cross-examined. Q. Did the prisoner say she had pawned his things, and left him? A. Yes, he gave me directions where to find her.
(The prisoner received a good character.) GUILTY . Aged 28.— Confined Six Months.
94. JOHN NEALE was indicted for stealing, on the 31st of Oct., 1 bottle, value 2d.; and a pint and a half of hollands, 2s.; the goods of Robert Wiley Wilson, in a vessel in a port of entry and discharge.
GEORGE MATTERS . I am steward of the Euphrates, lying in the West India dock—I entered it at twenty minutes to eight o'clock on Monday the 31st of Oct.—I found the fore skuttle had been forced, and the nails out—I returned to the main deck, to see if the cabin had been broken—it bad not—I
then entered another skuttle, and found the bulk-head had been broken between the store-room and the lower deck—they had gone to the liquor-cask find a good deal of hollands was gone—I returned on deck, and the gate-keeper brought the prisoner with this bottle of liquor in his bands—we had bottles of this kind on board, and the liquor corresponded with what we had—it belonged to Robert Wiley Wilson.
Cross-examined by MR. PAYNE. Q. Was there any other person on board? A. Yes, one man who works in the ship, but he could not enter the place without keys—he arrived about two minutes before—the prisoner had been about twenty months in the ship—the gin has been proved—I have drank some out of the bottle—I think that in the bottle and the sample are both from one cask—the prisoner had conducted himself very well on board—this gin is worth about 2 s.—I drew two bottles of champagne on the Saturday, and this is one of the bottles I bad left on deck, I am quite certain, and the string on it.
COURT. Q. Did the prisoner belong to the ship then? A. No, not for three weeks.
CHARLES SARGENT . I am gate-keeper. At half-past six o'clock in the morning, I stopped the prisoner—I asked what ship he belonged to—he said, the Euphrates—I asked what he had got in his pocket—he said a bottle of grog, he was going to take home to make some warm grog—I asked where he got it—he said from the ship, where it had been served out to him as his allowance, he had saved it up and was going to take it home—he said would I let him go on board and get a pass—I would not—I took him on board—the mate came out of the cuddy, and said, "This is the fellow that has robbed the ship"—the cask appeared wet all round the bung, as if the hollands had been taken out.
Cross-examined. Q. Did yon taste it? A. I did, it corresponds exactly. (The prisoner received a good character.) GUILTY. Aged 17.—Recommended to mercy,— Confined Six Months.
GEORGE CANNON . I am servant to Benjamin Way, Esq. At a quarter-past ten o'clock on the 10th of Nov., 1 vent into Mr. Angel's shop, at Uxbridge—I left my master's chaise at the door—the whip was over the splice-board in the chaise—I was absent about two minutes—when I returned the whip was gone—this is it—it is my master's.
Cross-examined by MR. BODKIN. Q. YOU left it very loose fn the chaise, it might have fallen out? A. It might.
RICHARD ROADNIGHT . I went after the prisoners and took them both in Charlton's shop in the evening—Mr. Charlton delivered the whip to me in their presence—Stevens said he saw it in the road and picked it up—I said it was strange they should offer it for sale so soon, and they said they did not offer it for sale.
HENRY ALLEN , I went into Mr. Charlton's shop—Bagurst was inside, and Stevens at the door—Stevens had offered me the whip for sale for 3 s. on condition that if I could find an owner they would return the money.
NOT GUILTY .
96. WILLIAM PRIOR was indicted for stealing, on the 27th of Oct., 1 firkin, value 1s.; and 84lbs. weight of butter, 2l. 10s.; the goods of Henry Taylor; and JAMES NEWLAND , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. DOANE conducted the Prosecution, JOHN FLYNN . I am in the service of Messrs. Jones, of Fishmongers' Hallwharf—about six o'clock in the evening of the 27th of Oct. I assisted in loading one of Mr. Taylor's carts with twenty-five firkins of butter—Joseph Woodham was carman.
Cross-examined by MR. SORRY. Q. WHEN DID you hear of this loss? A, On the following day.
JOSEPH WOODHAM . I am servant to Henry Taylor, a grocer. About six o'clock in the evening of the 27th I went to Fishmonger's Hall-wharf—I got 25 firkins of butter, and I then went to Mr. Rutts, the cheesemonger, just by Tooley-street—I left the cart while I went hi for some cheeses—I did not miss the firkin till I got home.
JOHN GRIFFITHS DUNKS . I am a labourer at St. Katherine's docks. On Thursday evening, the 27th of Oct I was at the end of Tooley-street, near London-bridge—I saw a cart containing some casks—Prior and another person went to it—Prior turned his back to the cart, and his companion put a cask on his shoulder—they went to a cab-stand, put it into a cab and drove off—I went behind the cab and laid hold of it, it went on to the corner of King Ed ward-street, close to Wbitechapel-road—the cab stopped about fifty yards from No. 12—Prior's companion got out and went to No. 12—he then returned and tqld Prior to bring the cab up—they then went Up to No. 12—I then saw Newland in the passage of No. 12 with a light in his hand—Prior and his companion took the cask into the house—the cab was then discharged—they all three went in, and the door was closed—I was there two or three minutes—they then all came out and went to a beer-shop exactly opposite—t then went to a policeman in Whitechapcl-road, and told him what I had seen—he went to get further assistance, and told me to stop there—while the policeman was gone, Prior and his companion came out—I followed them, and when assistance came up, Prior was taken, the other ran away—I then went with the policeman to the passage of No. 12, King Edward-street—the parlour-door was open about half an inch—I heard the knocking of a hammer. in the room, and directly the policeman said, "I hear the knocking of a hammer" the door was closed—he forced it open—we went and found Newland there—I saw a hammer and gimlet, and the firkin—the hoops were lying on the floor—Newland said at the station, that it was thrown into the passage.
Cross-examined by MR. PAYNE. Q. That is not a part of the Court you are used to, is it? A. I have never been in any other part of the Court but the witness-box—I was at the Thames Police Court, where I was fined 51. for committing an assault on my wife—that is the only time I have been in custody—I did not pay, and went to prison—I was before a magistrate for picking a man's hat up—I was discharged—I never was charged at the Thames police about tobacco—I work in the St. Katherine's docks for Mr. Hunter, a wharfinger—I have worked for him five years as extra labourer—I never was taken up for deserting my wife and children—the parties got into the cab at the foot of the bridge, about a mile and a half from King Edward-street—I put myself in the middle of the road—when I saw Newland with the candle I was about five yards from the door—I swear I saw all three go into the beer-shop.
Cross-examined by MR. HORRY. Q. Had you been at work this day?
A. I had been at work from eight till four o'clock the day before—I had worked for Mr. Hunter four days in the week before—I live near St. George's church—I was going to Bow, I had got a child lying dead there, and was going to see it—I stopped for a minute or two at the end of Tooley-street, and there were several carts going by—I was seven or eight yards from the cart when the firkin was taken—it attracted my attention—I stopped till they passed me, and then watched them—they took the last cab—I did not take particular notice of the driver—it drove off directly the firkin was put in—I went behind the cab all the way—I saw a policeman in Fenchurch-street, I called to him, and he did not hear me—there were carts passing—I did not leave the cab to call him—they went down Osborn-street, Montague-street, and then turned to King Edward-street—I did not notice any person near where the cab stopped—I was close to it when it stopped—it was about fifty yards from No. 12—I then left it, and watched the first man that got out—Prior remained with the cab—I followed the other man down the street again to the cab—I did not notice any one passing—there was a chandler's shop open at the bottom of King Edward-street—I was not far from the cab when I heard the man say, "Bring the cab to No. 12"—the cab was then paid and went away—I staid outside the house two or three minutes—the men came out and went to the beer-shop—I came back to Whitecbapel-road for the policeman and found one—we then met Prior and be was taken—the other man got away—Whitechapel-road if about 150 yards from King Edward-street—Prior had a washed shooting jacket on.
MR. DOANE. Q. Your brother-in-law had been fighting? Yes, and I was taken for a breach of the peace.
ROBERT JOHN O'BRIEN (police-constable H 195.) On Thursday evening the 27th of Oct. I was in Whitechapel-road, and saw Dunks about 200 yards from King Edward-street—he told me what he had observed—we got another officer and met Prior and another man not in custody—Dunks pointed them out, they were going towards Mile-end-gate—I got the assistance of an officer—I told him to take one, and I would take the other—Prior then looked back and saw us—he quickened his pace—I overtook him, and the other officer lost the other man—I then went to No. 12, King Edward-street, and forced the door open—I went in and heard a hammer—I said, "Here goes a hammer"—the door was then shut to—I pushed it open, and saw Newland—the firkin was on the floor, and three hoops off it—he had got a hammer in his hand, and a gimlet with butter on it—the parlour is at the back of the shop—it seems a private house—I asked Newland what he had got—he said, this cask was thrown into his passage, and he was about seeing what it contained.
Cross-examined by MR. HORRT. Q. Have you never said that Prior and the other man were walking quickly? A. Yes, but when he saw me he walked quicker, when he saw me run he began to run—I do not recollect saying he ran three or four steps.
Cross-examined by MR. PAYNE. Q. IS not this house used as a green-grocer's shop? A. I do not know—I could not see at that hour—the street door was open—it seemed a straight passage to the parlour door—the floor of the passage seemed lower than the pavement—if a tub were laid on the threshold it would roll.
(Property produced and sworn to.)
(Robert Simmons, baker, Collingwood-street, Mile End; Charles Harding, chandler, Wellington-street, Whitechapel; John Vince, builder, Duke-street, Bethnal-green; Joseph Jacobs, licensed victualler, Duke-street, Mile End; Christian Lawson, grocer, North-street; gave Prior a good character; James
Young, weaver, Cannon-street, Bethnal-green; William Hankins, wearer, King Edward-street; William Vanner, weaver, King Edward-street; John Perryi James-street Bethnal-green, gave Newland a good character.
PRIOR— GUILTY . Aged 18.
NEWLAND— GUILTY . Aged 35.
Transported for Seven Years.
97. THOMAS ATKINS was indicted for stealing, on the 9th of Nov., 100 sheets of paper, value 8s.,—and 100 pens, 9s.; the goods of our Lady the Queen, his mistress.—2nd COUNT for embezzeling 100 sheets of paper, value 8s., and 100 pens, 9s.; the goods of our Lady the Queen; to which he pleaded
GUILTY . Aged 40.— Confined Three Months.
98. MARY ANN DIAMOND and ROBERT MILLER were indicted for stealing, on the 29th of Oct, 1 jacket, value 10s.; 1 pair of trowsers, 8s.; and 1 handkerchief, 3d.; the goods of William Kelly; and that Diamond had been before convicted of felony.
WILLIAM KELLY . I am a seaman, and lodge in Farmers-street, Shadwell. on Tuesday night, the 29th of Oct., I was at the Bell with a shipmate—Diamond was in there drinking with some shipmates—when I went in she asked me to give her something to drink, which I did—she then asked me to give Miller a glass—I filled the glass, and gave it her—she brought it across the room, and Miller drank it—Diamond then came and sat by me for about five minutes—they took the cap off my bead, and began dancing about the room—Diamond then asked if I would go home with her—I said I had not much money—she said, "Let me search your pockets"—she took 4s. out of my jacket pocket, and another shilling from my other pocket—she said that wonld do—I went with her—she sent for It. worth of drink—I went to bed with her—the next morning I awoke between rive and six o'clock, and as my clothes were gone—I asked her where my things were—she said they were in the drawers—my shirt was on—my jacket, trowsers, and handkerchief were gone—I wanted a light, and was going to open the window—Miller came into the room—Diamond said to him, "Open the window for him"—he did so—she then said, "Lend the man a pair of trowsers to go to his boarding-house," which he did, and he went with me—I said to her, "Where are my clothes?" and she said, "Bring me 10s., and I will give them to you"—I went to my boarding-house, rapped my landlord up—I asked him for half a sovereign, and he had not got it—I then went to my ship, and got my wages—I came back with the money in my hand—there was another man in company with me—I said to Diamond, "Give me my clothes," and offered her 10s., but she would not—I asked her to give me the duplicate, she wonld not—I then went for an officer—these are my clothes.
Diamond. Did I not pawn the clothes off my back to support you? you had no money but 3s., and out of that you spent 2s. Witness. No—no such thing.
Miller. You did not see me in the Bell with this girl—I came into the room at seven o'clock the next morning. Witness. I saw you in the Bell at the opposite side of the room—and I saw you in the room we went to that night, and again the next morning—it is at No. 7, Bluegate-fields.
Diamond's Defence. He came and took me over to the public-house; he
said he had just come up, and he would meet me that night at the Bell; he brought me 5s. for the time he had been with me before, and eating and drinking with me—he said he would go to his landlord, and get half a sovereign; then he would go and get his chest; they would not let him have it; he wrote to Liverpool to his aunt to get his pension; he could not get it, and I pawned even my own body linen, and other things to support him; he took me to the Bell that night, and drank; he said he had no money, but he would leave the worth of the money with me; Miller was in the room; he then said he would go in the morning and get some money; I said, "You know how you used me the last time you were here;" he left his things, and said, "Give me a pair of trowsers to go down with."
WILLIAM KELLY re-examined. I did not give my clothes to her, or leave them with her—I went to bed between eleven and twelve o'clock, and the next morning between five and six they were gone—I had had communication with her before, but I had paid her—I do not owe her anything.
Miller's Defence. He told me to come and see him in the morning; I went; he asked me for a pair of trowsers; I lent him a pair; he went down to his boarding-house; he then came to the Pavior's Arms and had a glass of rum for himself, and a glass of gin for me on credit; he told me if I saw the girl to tell her he would be with her presently—another girl, not Diamond, asked me to pawn these things; I took them openly, and have lost my ship.
DIAMOND— GUILTY . Aged 30.— Transported for Seven Years.
MILLER— GUILTY . Aged 34.— Confined Six Months.
HENRY BODMAN . I am a tailor, and live in the Strand—at half-past eight o'clock, n the 15th of Nov., I was called into my shop, and there saw the prisoner—he was accused of stealing a coat—he first decidedly denied it—when he found I was determined to give him in charge, he said he would speak the truth, and admitted he had taken it, and given it to a man outside—I also missed a fishing-jacket, which had been with the coat the night before.
WILLIAM CLAXTON . I am the prosecutor's shop-boy—at half-past eight o'clock, on Tuesday morning, I was in the shop—the prisoner came in, and said he came from Mr. Jones, and Mr. Bodman was to be there at ten o'clock that morning—I went up stairs—the servant stopped me, and gave me information—I came down, and missed these things.
Prisoner's Defence. A man outside the door told me to go and get the coat—I did not like it—he then came and told me to take it—the servant came down, and I was stopped.
GUILTY . Aged 14.— Transported for Seven Years.—Convict Ship.
was on board the brig Isabella Sarah—I had a trunk, which I put down in the cabin, and came on shore about two o'clock on the 2nd of NOT.—I went on board again about half-past six—the catch of the trunk was then broken, and the purse and money stated was gone—the captain picked up half-a-sovereign from the cabin-floor where the boys had been searched—the purse was not found.
CHARLES WILLIAM TUGG . The prisoner belonged to the ship—I was put in the cell with one, Turton, because I was suspected—I asked if he knew anything of the robbery, he said, "Yes"—I was sitting by the gally-fire, on deck, and Tom came up to me, and said, "Bill, I have some money"—"Have you," said I, "how much have you got?"—he said, "A half-sovereign"—he said he did not know how the money was got, only they were going to spend the half-sovereign in a spree—I said, "Why did you not tell of this last night?"—he said, "I did not like to get the poor chap in trouble."
JAMES FOGG (Thames-police inspector,) I took the prisoner—he said he broke the trunk open, and took the money, but he was induced to take it by two boys on board the ship, thathe gave one boy two sovereigns, and a half-sovereign to Turton, and the other sovereigns were stowed down in a bit of canvass—I went and found the two sovereigns where he told me.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined Three Months.
101. HENRY YARWOOD was indicted for stealing, on the 28th of Oct., 1 till, value 6d.; 3 half-crowns; 2 shillings; 3 sixpences; 2 groats; 17 pence; 2 Halfpence, and 8 farthings; the property of Phebe Roff.
PHEBE ROFF . I keep a baker's shop in Hoxton Old-town—between nine and ten o'clock on Friday, the 27th of Oct., I was in the parlour at the back of my shop—the shop-door was open—I saw a man run up the steps of the shop, throw himself across the counter, pull out the till, and run off—I ran after him—he threw the till down in the passage, 'and the money scattered about—I picked it up, and came in—there was some half-crowns, shillings, and sixpences—soon after the prisoner was brought back—some of the neighbours picked up some of the money—I did not see who took it.
WILLIAM PEACOCK . I am a carman, and live in Elizabeth-street—I was passing the prosecutor's house, and saw the prisoner come down the steps with the till under his arm—I am sure he is the person—he turned down a passage—I ran after him, round Hoxton-square, and a gentlemen caught him at the end of the square—I did not lose sight of him.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Six Months.
Sixth Jury, before Edward Bullock, Esq.
GUILTY .— Confined One Month,
HARRIET MOORE . I am the wife of Ambrose Moore, and live in Ainslie-street, St. Pancras—the prisoner was in my service for six weeks—she left on the 23rd of Nov.—I missed the worked lace veil produced, which is mine.
HANNA MARIA BARRETT . I have known the prisoner nearly three years—shortly before she left Mrs. Moore's service—she brought me some collars, habit-shirts, and a white veil, like this, but I cannot swear to it—she asked me to pledge it, but I refused—I afterwards went with her to Mr. Sharwood's, in St. John-street-road, where she pledged it.
Prisoner's Defence. The bed-room next to mine was used for all sorts of rubbish—one morning I went in for some waste paper, and among it was this piece of net, very dirty—I considered that my mistress had thrown it away. GUILTY .* Aged 37.— Confined Four Months,
JOSEPH HARPER . I am a blacksmith, and live in King-street, Tower-hill. About eleven o'clock at night, on the 20th of Oct., I was fetched to my workshop in Glasshouse-street by the policeman, and told that some one had broken it open—I found it nailed up outside—it had been opened since I was there—the loft-door was shut—the prisoner was often employed by me—he was at my workshop that day, between three and four—I went to the premises between eight and nine next morning—I saw my foreman, and in consequence of what he told me—I took a policeman to Whitechapel workhouse—I saw the prisoner in the stone-yard there, and I told him I wanted him—he asked what I wanted him for—I said I wanted that copper magazine that he took away last night (this is a model of it) he said he knew nothing at all about it—I gave him in charge—he said he would punish me for giving him in charge—I had seen this magazine in the blacksmith's shop the day before—it had been there for three weeks—it is to keep gunpowder in to take to sea—the prisoner bad been employed to clean it—there were four numbers on the top of it, and a wooden lid that was left behind, which the foreman picked up the next morning, had the same numbers that the barrel had—it was about twenty feet high, and sixteen inches across.
GEORGE TURNBULL . I am the prosecutor's foreman. On the 20th of Oct., in the forenoon, I was in the shop in Glasshouse-street—by directions from my master, I took this magazine up into the loft—the prisoner was in the shop from one o'clock till six in the evening when we left—he made himself very officious in fastening up the place, and in putting up the bar at the window in Glasshouse-street—he placed it upside down—I told him to turn it—the shutter is in the middle of the shop—he was out of the shop a few minutes before me—I fastened up the shop myself, and left it all secure—when I went to work next morning, I found the lid of the powder-magazine outside—it had been inside when I went away—the door was fastened up with a nail and a piece of wood across—I made inquiries, and in consequence went to see if the magazine was safe, and it was gone—the loft-door is about twelve feet from the ground—the door was broken in the smith's-shop, where they got in and got up the ladder to the loft.
JAMES GRIMMER . I am a smith. On Thursday, the 20th of October, I was in a public-house—I was called out to the prisoner—he said he had got some old copper to sell, and asked me where he could sell it—I said I did not know anything at all about it—I said, "Let us look at it"—he said, "It is up the court"—I went up the court, and it was standing by the side of my door—it appeared to me like an old tar-barrel—I said, "It is an old tar-barrel"—he
said, "It is copper"—I took a light, and found it was copper—he asked me to lend him the price of his lodging on it till next day, and then he could sell it—I said I could do no such thing—he said he must sell it some—where to pay for his lodging—he put it on his left shoulder, and went away with it to the top of the court—my place is about 200 yards from the prosecutor's.
JOHN FRESHWATER (police-constable K 148.) The prisoner was given into my custody on Friday, the 21st, charged with being concerned with others in stealing this copper—he denied all knowledge of it, and told Mr. Harper he would make him prove his words, and prosecute him for what he said—the prosecutor said he knew very well that he knew all about it, and gave him in charge.
JOHN ERRINGTON . I am superintendent of the stone-yard at Whitechapel workhouse. The prisoner was employed there on Friday, the 21st of Oct.—I heard him tell the persons there that he hail 1l. 4s. 6d. to receive, but he would not receive it that night, because, when lie came to the workhouse he should be searched, and it would be taken from him.
Prisoner's Defence, On the Saturday this copper came to the shop from the London Docks, I was told to clean it; I was doing it on Monday, and next day I finished it; I saw no more of it. GUILTY . Aged 19.— Confined Six Months.
105. WILLIAM WALES was indicted for stealing, on the 25th of Oct., 1 gun, value 15l., the goods of Henry William Lambert, his master, in his dwelling-house; and JOHN HOWE and JAMES HANNON , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.; to which
HOWE pleaded GUILTY . Aged 17.— Confined Two Months.
HENRY WILLIAM LAMBERT . I am a surgeon. Wales was in my service about nine months. On the 25th of Oct., I went to a pen-case on a wardrobe in one of the bed-rooms—in consequence of that, I missed a double-barrelled gun, made by Man ton, and the apparatus of the case—I had not seen it for eight months—it was in a mahogany-case, inclosed in a leather-case—the ease was there—I asked Wales if he knew anything about it—he said he did not, he did not know I had such an article—he had an opportunity of going into my bed-room—I gave him into custody on another charge—on the 3rd of Nov. I saw Hannon at the station—he was cautioned by the inspector, and told he was charged with stealing a gun—no threat or promise was held out to him—he then stated that he and Howe brought the gun from my house, went out shooting with it, and broke the stock, and then sold it to Mr. Jackson, in Wigmore-street, for 30s.—I went to Mr. Jackson, and he had the stock and barrel—this is it—I am the leaseholder of my house, and live in Devonshire-street, Portland-place—the gun is worth 15l., as an article of sale—I valued it at twenty-five guineas, and I would not have sold it for that.
THOMAS JACKSON . I am a gun-maker, and live in Edward-street, Portmansquare. Hannon and Howe came to my shop on the 25th of Oct—Howe asked what the expense would be of repairing the stock of a gun—I said I could not tell unless I saw it—the following day they both brought this stock—I said it could not be repaired—they proposed an iron plate or two—I said that could be done, and the expense would be 5s. or 6s.—they took the stock away, and brought it next day, with the locks and barrels—they said they had been to Mr. Rivers, and he said it would cost 3l. for a new stock—they asked if I would buy this—I said I was not in the habit of buying such things, I would give them 30s.—they took it away, brought it the next morning, and wished to know if I would give them the 30s.—I asked Howe if it was his—he said,
yes, he won it at a raffle of twenty members, at 10s. each—I asked his name—he said, "John Howe," and gave his address—I said I should like an acknowledgment, which I wrote, and he signed it—this is an old gun, and had been altered from a flint to a percussion—if it had been mine, I should have been glad to get 5l. or 6l. for it—Hannon was not there the day I bought it. JOHN CLINTON . I am a policeman. I took Wales on the 3rd of November, and took Howe and Hannon—they were locked up in separate cells—the inspector read the charge to Hannon, and cautioned him—he then said, Wales brought the gun out of the house, they received it, and they all three went shooting with it, broke it, and sold it to Mr. Jackson, in Wigmore-street, for 30s. WALES and HANNON— NOT GUILTY .
HENRY WILLIAM LAMBERT . I am a surgeon, living in Devonshire-street, Marylebone. The prisoner was in my employ—on Saturday, the 29th of October, I missed a half-sovereign from a drawer in my desk, which stands on a counter in my surgery—I told the prisoner that I was convinced he had taken it, and I would not retain him in my service longer than the end of next week—he said he had not taken it—I was present when he was before the policeman—he was not threatened or promised—his mother was present, and exhorted him to speak the truth—I then asked him again about it—he confessed he had taken it on Friday evening.
JOHN CLINTON (police-constable D 116.) I took the prisoner on the 3rd of November—I cautioned him against saying anything—his mother said, "Speak the truth"—when I was taking him down to the station, he said Howe's brother took the half-sovereign from him, and when he went to change it he was taken because it was a bad one, and he never received a farthing of it. GUILTY. Aged 14.—Recommended to mercy by the Jury and Prosecutor.
Confined One Month.
107. JOHN WILSON was indicted for stealing, on the 9th of November, I picture and frame, value 10s., the goods of George White.—2nd COUNT, stating it to be 1 print and frame; and that he had been before convicted of felony.
Prisoner. Q. Were there other persons in the parlour during that evening? A. Yes, several—I saw my picture last at the end of the room—when I went into the room you were looking at it, and seemed very confused—you said, "I am admiring your painting"—there was another person in the room, who described himself as a cab-man—I had suspicion that he knew something about it, because he put the gas out.
JAMES PHILLIPS . I am in the service of George White. I saw the prisoner come into the parlour about half-past eight o'clock in the evening of the 9th of November—there were several persons in the parlour—he had a glass of half-and-half, and drank three glasses of gin and water—there were some pictures in the room—I went into the parlour about a quarter past eleven o'clock, and saw this picture behind the door, under the stool where the prisoner had been sitting—it had been hanging on the wall—the prisoner was close by the fire—I thought it was a curious place, and went out and gave information to my master—at twelve o'clock I went into the parlour, and told them it was twelve—I then placed myself behind the passage door—'the cab man came out,
and held the door in his hand—the prisoner went back, and put the parlour gas out—he brought the picture out in his hand—he tried to go out of the door, but the other one did not go out sufficiently for him to get out, and the way was blocked up—he then went to the back door, and could not get out—he came to the passage door, and saw the place was not clear—he put the picture down behind the passage door—the other one said, "We are going to have a drop to part"—the prisoner said, "No, my funds won't allow it"—then the prisoner went out and saw the policeman—the caiman came back, and said he thought the man was robbing my master—he said, "Yes, I suspect you both are."
Prisoner. Q. Did I, during the evening, sit under where the picture hung? A. No—you went out several times, and left the cab man alone—it was about three yards from the place I saw the picture to where I found it.
Prisoner. Q. Was the door a little ajar? A. Yet—you had been drinking, but were not drunk.
Prisoner's Defence, I left the caiman in there, and was it not possible that some other person might have removed the picture? I do not recollect having it in my hand at all, but I was drunk. I left several persons is the room, and we cannot tell what jokes were played in the house. I can only account for the part I took in it, which was only removing it from the ground. There was no attempt to remove it from the premises. I think it is true that the landlord did suspect the caiman, and that he gave the information to save himself. It might be imprudent for me to move it, but there was no effort to take it off the premises. I placed it there, not to come back for it, as it was a late hour at night. I had no felonious motive. I know nothing of the cab man. I did not attempt to run away; I paid, and was about to depart in a quiet manner.
JOHN BROOMFIELD (police-constable E 143.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—I was present at the time—the prisoner is the person—he then pleaded guilty. GUILTY . Aged 29.— Transported for Seven Years.
CATHERINE CLARK . I am single, and live in George-yard, Golden-lane. On the 14th of Nov., about a quarter to one o'clock in the morning, I was going to my mother's house—I saw the prisoner and another young man up the court shoving one another about—I told them to let me by—they said a bad word, and that they would knock my eye out—one of them struck me in the mouth—I put my apron up to my mouth to stop the blood—the prisoner tore this handkerchief off my neck, and ran away—this is it—it was lent me by a young man.
MARY COX . I am the wife of James Cox. I have a brother named Norey—I saw him and the prisoner together on the Monday morning after the Sunday night when the handkerchief was stolen—the prisoner was walking two yards away from my brother, who stopped me, and said, "Mary, that sailor has got a handkerchief to sell"—the prisoner asked if I would buy a handkerchief—he said he had found it—he produced it, and asked me Is. 6d. for it—I bought it of him for 1s.—I pawned it for 2s,—this is it.
JAMES REAOAN (City police-constable, No, 22.) I took the prisoner. Prisoner's Defence. About one o'clock that night I was coming from Holloway; I saw the prosecutrix going up the court beastly drunk; she asked where she could get some gin; I said I did not know: I stood talking to a young man, and heard the cry of "Murder:" the prosecutrix had got into a house, and was breaking the things because they would not serve her with gin; they told me to go and get a policeman; I did, and then she said I took her handkerchief. I found it.
HANNAH KILMINSTER . I am married, and live in Garret-yard, Goldenlane. The prosecutrix came and knocked at our door at two o'clock on Monday morning, and my husband answered her—I saw her through the window—she said she wanted to come and have a drop of gin, she had a friend with her—I said, "We don't want any gin, and you can bring no man here at this time of night"—she went away with this young man—she came back in half an hour beastly drunk—she said, "Give me some tobacco"—then she took this other handkerchief, which my husband had in his hand—she began to abuse me—I told my husband to push her out—she struck him, and pushed down by the side of the man, and cut her face—she had no handkerchief on but a white one.
THOMAS WYATT . About two o'clock in the morning of last Monday fortnight I was called up by Kilminster—I came down, and saw the prosecutrix with her mouth bleeding—she said Mrs. Kilminster had struck her—two policemen came in, and she said that these persons had enticed her there, and robbed her of a black silk handkerchief—I said, "You ought to be ashamed to have this person locked up"—she said, "I don't think they took it to keep it, they will give it me back in the morning."
ESTHER TYE . I live in the court About nine o'clock in the morning that the prosecutrix lost her handkerchief, she met me coming out of the court—she said, "Did I leave a handkerchief at your place?"—I said, "No, but I heard you in the court at two in the morning, kicking up a row, and accusing some person of taking your handkerchief"—she said, "I would not mind if I knew who took it; it was a borrowed one; if I was not drunk, I would not have kicked up a row."
CATHERINE CLARK re-examined. I was not drunk—I had been drinking—when the handkerchief was taken I began to cry—this woman's husband came up to me—I said the sailor had taken my handkerchief, and one of them struck me in my mouth—I said I must not go home without it, else I should get murdered—she lent me a red handkerchief—I asked the prisoner's mother the next morning to get the duplicate from him.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 32.— Transported for Seven Years.
GUILTY . Aged 17.— Confined Six Months.
NEW COURT.—Thursday, December 1st, 1842.
Sixth Jury, before Edward Bullock, Esq.
GUILTY . Aged 29,— Confined Three Months.
GUILTY . Aged 28.— Confined One Month.
GUILTY . Aged 23.— Confined Six Months.
114. JOHN WILLIAM COLLINS was indicted for embezzling, on the 26th of Nov., 3 sovereigns and 1 half-crown, the monies of Francis Forster, Esq.; and CHARLES PRIESTLEY , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.: to which
COLLINS pleaded GUILTY . Aged 13.
PRIESTLEY pleaded GUILTY . Aged 15.
Transported for Seven Years—Convict Ship.
(There were two other indictments against the prisoners.)
MESSRS. CHAMBERS and JONES conducted the Prosecution.
WILLIAM ROBERT MARKWELL . I am the son of James William Markwell, who keeps the North and South American Coffee-house—he entered into possession on the 24th of January—he took it from Mr. Davis—all the servants who were in his employ remained in my father's service—the prisoner was waiter about six months—I have constantly missed wine, principally sherry—in consequence of some circumstances I dismissed the prisoner—there was a lad named Chesterton in my father's service at this time—when we first took the house he was a billiard-marker—the keys of the cellar were kept in the bar—they were always left there at night—none of the servants had permission to go to the bar—it was always locked at night.
Cross-examined by MR. DOANE. Q, When was the prisoner discharged? A. About July—I had discharged persons before and after—there are twentyfour servants in this coffee-house.
MR. JON. ES . Q. Whom had you discharged before the prisoner? A. James Blyth, the porter—he is now in custody on some charge—I preferred this charge against Sly about a month ago, about the same time that I discharged Chesterton.
JOHN CHESTERTON . I am seventeen years old. I went into the service of Mr. Davis on the 10th of May, 1840—he then kept the coffee-house—when Mr. Markwell took the house I continued there, first as billiard-marker, then as junior porter—the prisoner came into Mr. Davis's service after me—I remember Blyth being discharged—I and the prisoner slept in the same room—one night the prisoner said, "We must do something for Blyth, we must get some wine"—after that, about five o'clock one Sunday morning, he said he was going to get some wine out of the cellar, and asked me to go—I went down with him as far as the last landing—I would not go any further—he went into the subscription-room, and got a map-stick with a book at the
end—he told me to come on—I said I would not, I was frightened—he called me a coward, and told me, if I would not go down, to stop there, and not to whistle, but to cough, if any body came—I stopped there—he went to the bar, then went into the cellar—he told me he could put the stick over the beer-engine into the bar, and draw back one of the window-bolts of the bar, then he could get the keys, and get the wine out of the cellar—he took the stick with him when he went towards the bar—he then went into the cellar, came up again, and had four bottles of wine—he went up towards the bed-room—he told me to go into the cellar, and I should find two more—I went down, and saw two bottles at the bottom of the steps—I took them up stain into my bed-room—four bottles were put into a lumber-closet, one we put into a box, and one we drank directly—the prisoner said we had better drink it, as it was a broken one—I drank some of the other that day, and at different times afterwards, up stairs in the bed-room—Bryan was with me when I drank some—the prisoner was afterwards dismissed—I was never taken up-after we had drunk the wine, we used to take the empty bottles down in our pockets, to be put into the empty-bottle crate, and sometimes we left them on the landing.
Cross-examined. Q. When did you first give information? A. Not till I told Bryan, five weeks ago—he had left Mr. Markwell's service—when he drank the wine he merely called to see the servants—I do not know whether my master knew he was there—the housekeeper did—I or the prisoner asked him up into the bed-room, as I was going out with him—he did not know it was my master's wine—there was some in a bottle—I will swear there was not more than a bottle—it was a whole bottle I took out of the box—he came about twelve o'clock, and staid about an hour—be went oh the leads, and I gave him some wine on the leads in a glass—I did not say where or how I got it, and he did not ask—that was the first time I had given him wine—the prisoner was there—I went out with Bryan to a good many places—after that I went to the Golden-cross, Charing-cross, to wait for him—he was then living at Morley's hotel—he had to be in at such a time, and he was to come out again in an hour—I went into the tap-room, and staid till nine o'clock in the evening—I did not see him any more that day—I went to see another old fellow-servant, who lived near the Angel, Islington, before we went to Morley's.
MR. CHAMBERS. Q. I believe the coffee-house is not kept open on a Sunday? A. No—Bryan came on a Sunday, and we went out for a walk—Bryan had lived with Mr. Mark well, at Long's hotel—he left the same day as I did.
BENJAMIN BRYAN . I lived with Mr. Davis, at the North and South American Coffee-house. I know Chesterton—I called on him, between one and two o'clock on a Sunday, in March or April—Chesterton asked me to go to his bed-room—he went up with me—I believe Sly was there—Chesterton gave me a glass of sherry wine, which he took out of a bottle, but his back was turned towards me when he poured it out—I drank one glass—I did not see Chesterton drink any—I remained there ten minutes, while he dressed—I came down, and had a glass of wine with Mrs. Wells—I was there half an hour—I was on the leads while he dressed, and drank the wine there—I went out with him, and called at my mother's, in Chad well-street, then went to a young man I knew who lived as waiter in St. John-street—I accompanied Chesterton to Charing-cross—I went to my situation—I was then Jiving at Morley's hotel as waiter—I made an appointment to see Chesterton. again in the evening at the tap—I came out again, but did not see NOT GUILTY .
MESSRS. CHAMBERS and JONES conducted the Prosecution, WILLIAM ROBERT MARKWELL . My father, James William Markwell, is the proprietor of the North and South American Coffee-house. I missed some tumblers and glasses—I went to the prisoner's lodgings, at Charingcross, about five or six weeks ago, with Bryan, and the policeman, and saw five tumblers and two wine-glasses—they were my father's—these are them—I have no doubt of them—they are such as we used in the business—we are constantly missing glasses—the prisoner was in our service till July last.
GUILTY . Aged 21.— Confined Six Months.
117. JOHN BLYTH was indicted for stealing, on the 16th of May, 28 bottles, value 7s.; and 5 gallons of wine, 6l. 1s.; the goods of Henry Baldwin and others: and DAVID CHAMBERS , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MESSRS. CHAMBERS and CHARNOCK conducted the Prosecution,
CHARLES TOOLE . I am a porter, and live in Leadenhall-street; I generally attend at Cornhill. Three or four months since I saw Blyth in Cornhill, about seven o'clock in the morning, coming from the top of Cornhill with a barrel—I said, "God bless me, where are you going so early in the morning?"—he said he was carrying this barrel to the New England, and if I chose to take it he would give it me to carry—I consented to carry it, and he brought me down to Finchlane, not far from the Baltic coffee-house—he left me. under a gateway, and bid me wait there till he came back with the direction—I did so—he returned, and desired me to go to Mr. Howard's, in Tabernacle-square—he gave me a paper—I went to Mr. Howard, who keeps a beer shop, and delivered the paper and barrel—I came back, and Blyth gave me 1s.—he asked me what he said—I said the gentleman behind the counter said it was all right—while I was under the gateway I looked at the barrel, and saw some bottles in it—I cannot tell whether they were empty or full, but it was very weighty.
Cross-examined by MR. BALLANTINE. Q. This was some months ago? A. Yes—I cannot tell whether it was May, June, or July.
CHARLES HOWARD . I keep a beer-shop. I have known Chambers three or four years—three or four months ago he asked if there should be a barrel come, would I take it in—I agreed—he was then living at the Baltic coffee-house—a day or two afterwards a barrel came—I do not know what was in it—it remained in the shop till I went out, and then I called upon Chamber's brother, in King-street, Tyson-street—I told him there was a parcel come, and he fetched it away that day.
NATHANIEL CHAMBERS . I am a baker, and live in King-street, Tyson-street, Bethnal-green; I am the prisoner's brother. In consequence of directions, I went to Howard's house three or four months ago—I received from him a barrel, and took it home in my cart:—I do not know what it contained—I told my brother that I had got it—he has a cupboard in the back part of the premises—it remained in the shop till he came on the following night—I was not then in the way—about a fortnight since an officer came, the cupboard was opened in my presence, and two dozen and four full bottles were found—I had nothing to do with the cupboard—my brother had the key of it.
Cross-examined by ME. CLAEKSOK. Q. What size was the barrel? A. Something like a herring barrel.
FRANCIS M'LEAN . I am an inspector of the City police. I went to Nathaniel Chambers'* house, on the 25th of October, with an officer—after I had been there I went to the Baltic coffee-house—I saw the prisoner Chambers there—I told him I was an inspector of the City Police, and asked if he knew a man named Blyth—he said he did—I then asked if he had had any wine of him—be called me on one side, and went up a one pair staircase—I sat down on the stairs—I asked if he had bought any wine of Blyth—he said he had—I asked when—he said in the month of May; that was the first transaction he had had with him; he had bought a dozen of him at 3s. a bottle; and on the second transaction he bought two dozen of port and sherry; the whole of the transaction was in May—he appeared to be willing to give me every information—I asked if he had any objection to give me the key of his cupboard at his brother's—he said, "Oh, no, not the least," and gave it me—he said he thought there was about two dozen in the cupboard—he said, that at the time this occurred, Blyth lived at Tom's coffee-house, and that he said to Blyth, "I suppose this wine will not suit your master's customers," and he said, "No, it is not good enough"—I went to Mr. Silk's, and then to Nathaniel Chambers's—the key would not fit the cupboard, and Mr. Silk broke it open—we found two dozen and four bottles—I did not leave Chambers in custody when I went to his brother's.
Cross-examined by ME. CLARKSON. Q. You did not go back and tell him he had given the wrong key? A. No, I asked for a screwdriver, and the cupboard was opened—there were twenty-eight bottles there—there is a large room at the Baltic in which people meet for business—Chambers said he was told by Blyth that he was authorized by his master to sell the wine.
ROBERT CROW (City police-constable, No. 469.) On the night of the 18th of Oct. I was on duty in Cowper's-court, Cornhill—I took Blyth into custody on the leads over the bar at Tom's coffee-house, at a quarter past one o'clock in the morning—I asked how he came there—he said be got up on the leads to sleep as he had got no lodging—it was exposed to the weather.
WILLIAM BANKS SILK . I am in partnership with Henry and John Baldwin as tavern-keepers, at Tom's coffee-house—Blyth was in our service in April last—I discharged him for breaking into the wine-cellar, on Sunday evening the 6th of June—he had no business in my wine-cellar—I was present when he was taken on the leads over the smoking-room, lying in a gutter—it was pouring with rain at the time—he had no right to be there—I went with the inspector M'Lean to Nthaniel Chambers—nine bottles of pale sherry, two of brown, and the remainder port, was found there—I had missed wine from my cellar repeatedly in May last, when Blyth was living in my service—I have compared several of these bottles and they correspond with the three sorts that we had in our cellar—I have no doubt it formed part of my stock.
Cross-examined. Q. How long have you been in the business? A. About eleven years, and in this house about three—half of the stock in the cellar was of my own laying in—the whole of the wine has been bought by my brother-in-law since the house was opened—it is wine we charged 45s. and 48s. per dozen for—none of these had been purchased by me.
HENRY BALDWIN . I am partner with Mr. Silk—I have examined the wines found—I am sure this sherry is part of our stock—I have sampled it—I have tasted the port, and am quite convinced that it is part of our stock.
Cross-examined by MR. BALLANTINE. Q. Are these wines purchased by yourself? A. Yes, they are, from two or three houses of business, one is
Johnson's, and the others are Hazard and Hodson—we bought them in large quantities—I am one of the proprietors of Tom's coffee-house—l have been there three years—I was a woollen-draper and tailor before that—I have a general knowledge of wine—I can speak to the best of my belief to the pale sherry as our wine—I judge by the colour, taste, and general appearance—the pale sherry is a favourite wine of mine—I purchase it from one house—I tasted the sherry that the prisoner had, five or six weeks ago, and I tasted the wine that I say it came from, at the same time—I found they were very much alike, no difference in the colour—the port wine was rather of a clarety flavour.
MR. CHAMBERS. Q. Did you find five different sorts of wine at Chambers? A. Yes, I compared them with the fire different sorts in the cellar, and they corresponded.
BLYTH— GUILTY . Aged 20.— Confined Six Months.
CHAMBERS— NOT GUILIY .
HENRY WOODFIELD STEVENS . I am clerk in a booking-office—I was in Long-acre on the 27th of Nov., about nine o'clock in the evening—the prisoner accosted me, and I went with her to a house of ill fame, in Rosa-street, Long-acre—my purse dropped from my pocket, my clothes being loose down to my feet—it contained eight sovereigns and a half—I was going to pick it up—she picked it up—I asked her for it—she said, with an oath, she would not return it—I gave an alarm—an officer came, and she was taken—the property was not found—I kicked at the door for assistance, and some female came up—that was before the policeman came.
JONATHAN BUSH (police-constable L 40.) On the night of the 27th of NOV., I took the prisoner in Rose-street, Long-acre—the prosecutor and a female were there—the prisoner was asked to give up the purse, which she very violently refused to do—she said, as we were going to the station, if I would let her go, she would give up the purse and money—I refused—I did not find the purse.
Prisoner's Defence. The prosecutor asked me to go to a house; he gave me 1s. which was found on me, but as for the purse, I never saw it; I never left his company. (The prisoner received a good character.)
GUILTY of Stealing only. Aged 28.— Confined Two Months.
SIR FRANCIS LAWLEY, BT . I live in Grosvenor-square—about one o'clock on the 18th of Nov., I was in Hemmings-row—I felt something twitch at my pocket—I turned and saw a person close by me—I cannot state who—be threw down my handkerchief just before me, and ran off—I picked it up, and ran after him—I lost sight of him—he was caught by another person who pursued, and I went on with him to Bow-street.
Cross-examined by Ms. PAYNE. Q. Have you any other name? A. No, I found the prisoner was not known at any of the offices.
GEORGE ROWDEN . I live at Hammersmith—I was in Hemming's row, I saw the prisoner put his hand in the prosecutor's pocket, and take the handkerchief out—upon the prosecutor turning round he dropped it, and began to run—I pursued and saw him taken.
Cross-examined. Q. How far was he taken from the place where he took the handkerchief? A. A considerable distance—it was in Trafalgar-square—there are a good many turnings between there—he did not run in the path, but in the cab-stands—I was close by him—he was never above thirty yards from me—I never lost sight of him.
GEORGE BOURNE (police-constable L 115.) The prisoner was running fast in Trafalgar-square—he was stopped by a person, and given to me, for stealing a handkerchief, which I received from the prosecutor—he said he was passing to look for work.
GUILTY . Aged 20.— Confined Four Months,
JOHN HENRY WITHAM . I live opposite to the prosecutor. On the morning of the 7th of Nov., between eleven and twelve o'clock, I saw the prisoner looking in at the prosecutor's window—I watched her from inside my shop—I saw some Orleans cloth at the door—J then went to our door, and the prisoner and cloth were gone—I afterwards saw her walking down the street very fast, four doors off—I stopped her, and found this cloth under her cloak.
Prisoner's Defence. I saw it lying down, and picked it up.
GUILTY . Aged 17.— Confined Three Months.
121. EDWIN BREN was indicted for stealing, on the 14th of Nov., 1 half-crown, 4 shillings, 2 sixpences, 10 pence, 20 halfpence, 2 farthings, 2 razors, value 2s.; and 1 apron, 1s.; the goods of Joseph Hooper Radden.
JOSEPH HOOPER RADDEN . I am a hair-dresser. The prisoner came to work for me on the 11th of Nov.—he slept there on Saturday night—on the morning of the 14th of Nov., I lost this money from the till in the shop where he slept—he was then gone—he was afterwards found in Exmouth-street—I missed two razors from a place near the window, and the apron I put under his head, by way of a pillow—he confessed to Mr. Greenwood that he had taken the money—nothing had been said to make him confess—this is my apron—I made it myself—the razors have not been found.
WILLIAM COTTON (police-sergeant G 10.) I met the prisoner on the morning of the 14th of Nov., in Guildford-street East, Clerkenwell—I had received information, and told him I stopped him for stealing 10s., two razors, and an apron from a person of the name of Radden, in White Lion-street, St. Giles's—I found this apron in a bundle he was carrying—I then went to a house—the prisoner said it was no use searching, he had made away with the money.
GUILTY . Aged 24.— Confined Four Months.
JOHN HUNT . I am in partnership with Thomas Walley, we are linendrapers. Between six and eight o'clock in the evening of the 8th of Nov., the prisoner was in my shop—in consequence of something said to me, I watched, and when she was about to leave, charged her with having a pair of mits which did not belong to her—she said she had not—I said I was confident she had, I would not let her leave—she then gave them to me from
her bosom, and said they were all she had taken—these are them—they are our property—I took her to the upper end of the shop—she said she would pay me handsomely for them if I would let her go—after some time she gave me a pair of gloves, and this yard of net—she said if I would allow her to go she would pay me three guineas for a dress she had bought for 24s.—she was given in charge.
JOSEPH KIMSTON . I am shopman to the prosecutors, who live in the Edge ware-road. Between six and eight o'clock in the evening of the 8th of Nov., I was serving the prisoner with various articles—among them some gloves and net—I showed her some similar to these—she objected to them, and I showed her some others—I saw a pair similar to those I had shown her under her cloak—I then narrowly watched her, and saw her take a pair of mits from the counter, and put them in her bosom—I said the articles she had bought came to 1l. 12s. 11½d.—she said she had only a sovereign, but she lived only over the way, she would go and fetch the remainder—I gave information, and when she was going to leave the shop, Mr. Hunt stopped her—she was taken to the end of the shop, and Mr. Hunt bad some conversation with her—she denied having anything in her possession—I said I was confident she had taken a pair of mits, and then she produced them—she afterwards produced these gloves and net.
Cross-examined by MR. DOANE. Q. At the very time she took the mits, did she not call your attention to her cloak, by saying, "My cloak has come unfastened?"A. She did—I took the sovereign from her—she did not tender it to me—she said, "I have only a sovereign," and was going away—I had sold her this net, and cut it off by her desire—it was not in the parcel of 1l. 12s. 11½d., but I had sold it to her.
HENRY WILLIAM TURPIN (police-constable D 171.) I took the prisoner—I had the articles given me to take care of—on the way to the station, she said she never did anything before, and told me to go to her husband.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined Four Months.
JOHN MYERS . I lost a watch and stand from the bed-room on the first floor of my house—I made the stand myself—on the 20th of Oct., in consequence of information, I went to No. 1, Bridge-place, Stoke Newington, and found the property on the mantel-piece—I found the prisoner there—she seemed quite strange to the knowledge of it—I said, "This is my property," and called the policeman immediately—she said she did not take it at all, and knew nothing at all about it.
Cross-examined by MR. DOANE. Q. What are you? A. An examiner of naval and military stores to the East India Company—I made this watchstand—it is the only one I ever made—there are three defective places in front of it—James Wade saw me make it, and saw it after it was made—he was in the habit of visiting my house almost every week—I made it at the factory, in Leadenhall-street—this is not the property of the Company—I lost it on the 23rd of Feb.—I found the prisoner living with her husband—he has since called at our house—I told him to walk out, and would not hear any explanation he had to offer—I positively swear that I made this stand, and it was in my possession in February last—there are three M's on the bottom of it, done with a stamp, which I have in my pocket, the initials of my name—the prisoner's name was Miller before she was married—it is not an uncommon stamp—the prisoner said she had it given to her by a former lover, seven years ago—it has been made five years at the outside.
Cross-examined. Q. When was the last time you saw it at his house? A. About eight months before it was lost—my attention was not particularly called to it, but I saw it, and I noticed it while he was making it.
ELIZABETH WICKS . I am single. I was staying with Mr. and Mrs. Myers last Feb., at their house, in the Kingsland-road—they let apartments—on the 23rd of Feb. I went to open the door to a knock, and the prisoner was there—she asked me whether there were apartments to let—I said, "Yes, the first floor"—I showed her into the front-parlour—the prosecutor and his wife lived there sometimes—I left her in that room—I went up and gave information to Mrs. Myers—I returned to the prisoner, took her up stairs, and left her with Mrs. Myers—I saw the watch and stand were on the mantel-piece—the prisoner came again in the evening, went up stairs, looked at the apartments, and agreed to take them—I heard her say she had a pianoforte she would send in—she then said she had dropped her glove—Mrs. Myers told her to go back and pick it up—she went back, and then they went down into the parlour—I took in a pen and ink—I left the parlour, leaving her and Mrs. Myers there—she left the house shortly after, and the watch and stand were missed—in consequence of suspicions, I went with Mrs. Myers on the following Thursday to Stoke Newington—I saw the prisoner—she said she had not been after any apartments—Mrs. Myers asked if her sister, Mrs. Andrews, was at borne—the prisoner said no—Mrs. Myers said there was an unfortunate likeness between Miss Miller and her sister—the prisoner's name was Miller at the time of the robbery.
Cross-examined. Q. Did not Mrs. Myers ask if she was not Mrs. Andrews's sister? A. Yes, and asked if her name was not Nicholson—she said it was—Mrs. Myers made minute inquiries about Mrs. Andrews—the woman who came for the lodging, said her husband was a captain, and gave an address in the Commercial-road—the prisoner offered to communicate with her sister about this watchstand.
JANE MYERS . I am the prosecutor's wife. Miss Wicks was staying with me—I had apartments to let—on Wednesday, the 3rd of Feb. Miss Wicks brought the prisoner up stairs to me—she looked at the apartments—this watch and stand were on the mantel-piece in the bed-room—I can swear to this stand—here is a mark on it—my husband made it—the prisoner came in the evening, and I went into the parlour with her—she said her husband was chief officer in a vessel, and gave her address, "No. 2, York-place, Commercial-road"—she took the apartments, and was to come on the Monday—as she came out of the bed-room along the landing, she said she had dropped her glove, and must go back—I told her to go—she went into the bed-room where the watch was—she joined me again, and we both went down into the parlour—I called for a light and a pen and ink—she wrote her address with one hand, and held her other hand under her shawl, as if there was something in it—she kept pushing something up—she gave her address, "No. 2, York-place, Commercial-road"—I took my bill down for my apartments—I went to inquire next morning, and could find no such person—I went from there to Salmon-lane, Stepney, and there I found a person lived, who answered the description, and whose husband was a chief officer—on the following Monday I went to dust the room, and missed the watch and stand—I went again to Salmon-lane—I there found that the person who lived there had a sister of the name of Miller, living at Stoke Newington—I went there, and saw the prisoner there—she had exactly the same dross, bonnet, and shawl on—I
asked her name—she said, "Miller"—I said, "You are the person who came after my apartments"—she said she was not—I asked where her sister, Mrs. Andrews was—she said, "Visiting at Stepney"—I asked her to find her sister, and bring her to me—she said she would, bat she did not—I went again, and said to the prisoner, "You are the most unfortunate likeness to your sister that I ever saw, if I had met you in the street I should have given you in charge"—Mrs. Andrews came to me afterwards—I am sure she was not the person who came to look at my apartments—she was not a hit like her—I am sure the prisoner is the person that came to look at the apartments—on the 20th of Oct. I went with my husband to where the prisoner lives—I saw this stand there—it is the same watch-stand that was in my bedroom—I gave her into custody—I found the watch at the pawnbroker's, pledged in her own name.
Cross-examined. Q. Was it not in York-buildings that you found Mrs. Andrews did live? A. No, at York-place, Stepney—I found Mrs. Andrews's husband was chief officer in a vessel—I heard that Mrs. Andrews had removed to her sister's at Stoke Newington—the prisoner said she knew nothing about the watch-stand—she proposed to come to me with her sister—I called twice on the prisoner at Newington—I will swear that the watch-stand was not there on both occasions, for I looked all round—it might be there out of sight.
BENJAMIN RICHARD MURRAY . I am shopman to Mr. Elliott, a pawnbroker in Kingsland-road. I produce a silver watch, pawned at our shop on the 23rd of Feb., in the name of Amelia Miller—I do not know who pawned
WILLIAM M'DONNELL (police-sergeant N 51.) I took the prisoner on the 20th of Oct.—the stand was handed to me by Mrs. Myers—the prisoner said it had been given her seven years ago by a former sweetheart that she was going to be married to.
SARAH LYDAMONT . I am the wife of Joshua Lydamont, and live in High-street, Stoke Newington. The prisoner came to lodge with me on the 28th of March, and continued till the 1st of Oct.—while she was with me I missed my child's coral necklace, a black Thibet shawl, and a brooch—I missed the brooch on the 24th of Aug.—I told her I had lost it—she said she knew nothing about it—this is it—I have bad it twenty-five years.
Cross-examined by MR. DOANE. Q. Do you remember the prisoner being married? A. I remember her being asked in church—she said she was married on the 23rd of Aug.—I have never expressed any ill—will towards her, nor said I would separate her from her husband if I could—I had no conversation with the pawnbroker's boy, further than he said he should know the prisoner—I did not tell him to swear to the girl, nor anything of the kind—I did not give him a shilling, nor see one given to him.
THOMAS HOBBS . I am in the service of John Burgess, a pawnbroker in the Kingsland-road. In August (I do not know the day) the prisoner pledged a brooch there for 1s. 6d.—I think this is it—I cannot swear to it—the shopman took it in, and I wrote the ticket, but I had the brooch in my hand—I took particular notice of the prisoner, because when I took the brooch out of the shopman's hand she called me a monkey.
Cross-examined. Q. Have you got the duplicate? A. Yes—this is it—it is dated the 23rd of August—I saw Mrs. Lydamont at Worship-street—she did not give me anything—I never had 1s., nor showed one to anybody.
WILLIAM M'DONNELL (police-constable N 31.) The pawnbroker attended at Worship-street, and produced this brooch—he could not give evidence, and the Magistrate desired me to have it—he went home and sent Hobbs. GUILTY . Aged 23.— Transported for Seven Years,
(There were two other indictments against the prisoner.)
MARY NURSE . I am a widow, and keep the Essex Serpent, Charles-street, Westminster; the prisoner was in my service ten days. On the 14th of Nov. I sent her to the cellar for a scuttle of coals—I saw a light in a wrong direction, and saw her come out of the wine-cellar—I went to the cellar-door, and saw she had a bottle of wine under her apron—I asked what she had got there—I uncovered her apron, and took out of her hand a bottle of sherry—I asked what she was going to do with it—she said not to bring it up stain—she had no business in the wine-cellar.
GEORGE WALTER SHEW (police-serjeant A 10.) I took the prisoner—she said she looked in the wine-cellar for empty bottles, that she took hold of this, thinking it was empty, but did not intend to take it away.
Prisoner's Defence. I heard the bottles link—I stooped and took hold of this, Dot knowing whether it was empty or full.
GUILTY . Aged 30.— Confined One Month.
SARAH MORRISON . I live in North-street, Chelsea. On Tuesday, the 8th of Nov., my attention was drawn to some one coming down stairs—I opened my parlour-door, which leads into the passage, and saw the prisoner with a bundle in her hand—she was quite a stranger—I asked where she had been, and what she had got—she made no answer—I took the bundle from her, and asked her to come into the parlour—it contained two coats, which belonged to William Crawford—she said the apron they were in belonged to her.
GUILTY .* Aged 25.— Confined Three Months.
ELIZABETH DUGGETT . I am the wife of Thomas Duggett, a broker. On the 22nd of Nov. I was in the front kitchen, and could see into the front of the shop—I saw the prisoner take a chair from the front of the shop—I went out after her, and saw her walking away with it—I asked her what she was going to do with it—she said she did not know—I took her back—she said she would pay me for it, if I would let her go.
SARAH ALEXANDER . I live with Mr. John Noakes, in Guildford-street. On the 31st of Oct. the prisoner came for the dirty linen—after she was gone these two tea-spoons were missed from the kitchen—I do not know when
I had last seen them—I know they were in use there, and an my master's—the officer brought them back on the 8th of Nov.
JAMES INWOOD . I am shopman to Mr. Blackman, of Myddleton-street, Clerkenwell—I produce these two tea-spoons pawned by the prisoner, in the name of "Elizabeth Noakes, for her father," on the 31st of Oct.
GUILTY . Aged 18.— Confined Six Months. (There was another indictment against the prisoner.)
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 19.— Confined Four Months.
130. JOHN WILLIAMS was indicted for stealing, on the 1st of Nov., 1 fender, value 7s., the goods of Frederick Barnett; also on the 9th of Nov., 1 table, value 8s., the goods of Thomas Doggett; and that he had been before convicted of felony; to both which he pleaded
GUILTY . Aged 62.— Transported for Seven Years,
GUILTY .* Aged 22.— Transported for Seven Years.
GUILTY . Aged. 18.— Confined Three Months.
WILLIAM NOBLE . I am a linen-draper, and live in High-street, Shoreditch—this is my figured Orleans cloth—it was safe in my shop about half-past seven o'clock on the 5th of Nov., hanging inside my shop, and about eight o'clock the policeman brought it to me—I am sure it is mine.
Cross-examined by MR. DOANE. Q. Have you any partner? A, No.
GEORGE TREW (police-constable H125.) On Saturday, the 5th of Nov., I was with another officer in private clothes—I saw the prisoners looking into the prosecutor's window—I suspected them—I crossed and saw another boy, not in custody, go to this piece of Orleans cloth, which was inside the shop, and give it a tug, then Thompson went and gave it a tug—then Daniels gave a tug, and pulled it down—then Thompson took it, and ran away—I met him—he dropped the cloth, and ran away—I took them both at the Lord Mayor's show, on the 9th of Nov.—I knew them both well.
(Thompson received a good character.)
THOMPSON— GUILTY . Aged 17.— Confined Three Months, —DANIELS**— GUILTY . Aged 16.— Transported for Seven Years—Convict Ship.
JOHN LAWSON . I am an inspector of the Northern and Eastern Railway Company. From information J went on the 21st of Nov. to the cottage occupied by the prisoner—I found five sacks there, which are the property of the company—I cannot say when we lost them, but the prisoner stated that when he was removed from the Waltham station, he borrowed them to carry some potatoes, and such things in, and that he had had them three months.
Cross-examined by MR. DOANE. Q. Was not he a policeman on your railway? A. Yes—these sacks were just outside his door, which is about a quarter of a mile from the Edmonton station. NOT GUILTY .
135. ELIZA KIRBY and ANN KIRBY were indicted for stealing, on the 1st of July, 1 lb. weight of candles, value 6d.; 21bs. weight of soap, 1s.; 1 bag, 8d.; 1 bottle, 1d.; ½lb. weight of pepper, 9d.; 12 nutmegs, 1s.; ¼lb. weight of ginger, 6d.; and 1/4 lb. weight of cloves, 6d.; the goods of Oliver Palmer Johnson, the master of Eliza Kirby; and JAMES SYBLE , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
OLIVER PALMER JOHNSON . I am an oilman, and live in Commercial-road. My shop is next door but one to Sutton-street, and my back door is in Suton-street—Eliza Kirby was my servant—I know Ann Kirby who is her sister—this bag, apron, and gloves are mine—I believe these candles, and other articles to be mine—Eliza Kirby had not access to these things on Sundays, but on all other days she could get them—I have a large stock of candles.
SARAH FAWCETT . The prisoner Syble lodged in our house with Ann Kirby. On the 6th of Nov., at twenty minutes to twelve o'clock at night, Syble met me, and in a flurried manner gave me to understand that his wife had got into the station, and he wished us to bail her out—when we got there she had committed felony, and we could not—I came home—he met me and said, "Is it over?"—I laid, "No, and if there is any thing your wife has brought to my house, I insist on its being taken away"—he said, "There is nothing but a few nutmegs, and there is a box under the table belonging to Ann"—I said, "I insist on its being taken out," and he took it up stairs into his own apartment—he then brought some things down in his arms, and said he would throw them down the privy—I said I would have nothing thrown down the privy—I saw him go out, but he took nothing with him to my knowledge.
WILLIAM LEE . I am a policeman. On Sunday night, the 6th of Nov., a little before seven o'clock, I was coming up the Commercial-road—I saw Syble walking up and down Sutton-street—I watched him about ten minutes—I saw him look very hard at the back part of Mr. Johnson's house—I then saw Ann Kirby come out of Mr. Johnson's side door, and walk down Sutton-street—Syble followed her, they were talking together—I stopped them, and asked what they had got—Ann Kirby said, some dirty linen of her sister's to wash—I said, "Who is your sister?"—she said, "Eliza Kirby"—Syble then said, "This is my wife"—Ann Kirby said, "We live at No. 7, Martha-street, it is all right"—I said, "Then go on," but I saw they went another way—I followed them—Ann Kirby took a bundle from under her arm, gave it to Syble, and they ran—I called to another officer—I ran and caught Ann Kirby, in Charles-street, and from under her arm I took this pound of candles, and bag—the other articles which are here were found in the privy, at No. 8, Martha-street, where Syble lodged—here are a pound of candles, three cakes of soap, some nutmegs, and other things—Eliza Kirby did not come out of Mr. Johnson's house with Ann—I went back to the house, and Eliza denied her sister then.
MR. JOHNSON re-examined. Q. Have yon in your shop things corresponding with all these articles? A. I have.
Cross-examined by MR. DOANE. Q. I believe you have a partner? A. Yes—I live on the premises—it is my dwelling-house, but not my partner's—these are partnership property, all but the gloves and apron—Eliza Kirby was my private servant.
(Ann Kirby received a good character.) ELIZA KIRBY— NOT GUILTY . ANN KIRBY— GUILTY.Recommended to mercy. — Confined Three Months.—SYBLE— GUILTY .
— Confined Nine Months.
136. ELIZA KIRBY and ANN KIRBY were again indicted for stealing, on the 6th of Nov., 4oz. weight of beef, value 2d.; and lib. weight of poth toes, ½d.; the goods of Oliver Palmer Johnson, the master of Eliza Kirby: and 1 bag, 6d.; and lib. weight of candles, 6d.; the goods of Oliver Palmer Johnson and another.
WILLIAM LEE . I am a policeman. I stopped Ann Kirby in Charles-street—I found on her this pound of candles and bag—at the station I found on her this beef and potatoes—I went back to Mr. Johnson's house—I rang the bell, and Eliza Kirby came—I said, "Is Mr. Johnson at home?"—she said, "No, the old lady is at home"—I said, "Call her down"—I then said, "Have you a sister?"—she said, "Yes"—I said, "Has she been here?"—she said, "No, I have not seen her for three or four months"—I said, "I have a woman at the station who says she is your sister, and she has some things"—she said, "I am very sorry; it is the first time; I hope my master will forgive me; I will give him any money." NOT GUILTY .
Cross-examined by MR. DOANE. Q. Where was the box they were in? A. In the prisoner's sleeping-room—the policeman asked her for the key, the box—these gloves are not new, and are not of much value. NOT GUILTY
138. JAMES GILDING was indicted for stealing, on the 1st of June, 100lbs. weight of stone, value 30s.; 4 zinc plates, 1l.; 150Ibs. weight of paper, 2l.; 6 prints, 5s.; 1 iron lever, 7s.; 1 steel spring, 3s.; and 10 hinges, 10s.; the goods of William Day, his master.
WILLIAM DAY . I live in Gate-street, and am a lithographic printer. The prisoner was my porter—he came to me m June, and said he had been in custody all night for some property, and the person he Had it of had left the kingdom—it then turned out that he had some iron work—I have examined these articles, and they are all mine.
MR. DAY. The prisoner was then in my service occasionally.
GUILTY. Aged 21.—Recommended to mercy, — Confined Three Months.
139. EDWARD SNELL1NG and SARAH SNELUNG were indicted for stealing, on the 19th of September, 3 blankets, value 8s. 6d.; 1 table-cloth, 6d.; 1 bolster, 2s.; 2 pillow-cases, 2s.; and 1 sheet, 9d.; the goods of George Augustus Elliott.
CAROLINE FINNEY ELLIOTT . I am the wife of George Augustus Elliott. The prisoner lodged with me—I missed the articles stated on the 13th of Nov.—I asked Sarah Snelling what she bad done with them—she said she had pledged them, and her husband knew of it.
Edward Snelling. Q. Did my wife say she had pledged them, or that they were pledged? A. She said she had pledged them, and you knew of it.
Sarah Snelling. I said they were pledged.
JOHN TIMFSON (police-constable K 75.) I was in the room when Mrs. Elliott missed the things—Sarah Snelling said she bad pawned them to get bread for her children, and her husband knew of it—she gave me seven duplicates. NOT GUILTY .
140. EDWARD SNELLING was again indicted for breaking and entering the dwelling-house of George Augustus Elliott, on the 13th of Nov., at St. Anne, Limehouse, and stealing therein 2 sovereigns, 2 half-sovereigns, 2 half-crowns, 3 shillings, and 3 sixpenses, his monies.
CAROLINE FINNEY ELLIOTT . I am the wife of George Augustus Elliott—we live in Gill-street, St. Anne, Limehouse—it is my husband's dwelling-house. On Sunday, the 13th of Nov., I took a bag out of a drawer in my bed-room, which contained five seaman's notes and a piece of ribbon—I put the tobacco-box, the gold stated, and some half-crowns, shillings, and sixpences, into the bag, fastened it with a needle and thread, and put it into the drawer—I padlocked the room door, and went to chapel with my husband at a little after eleven o'clock—I did not miss anything when I returned—at half-past five I went out again with my husband—he wished me to return, as it rained, which I did—I went in, and saw the prisoner, who lodged in our house, with a white coat on which I had never seen him in before—he wore a jacket before—soon after my husband returned home, and I went to my drawer to get a shawl—my drawer was then safe—we went to chapel, and returned at half-past eight—there was a good fire in the room—the padlock was on the door, but it was different to what it was before, as if somebody had been in—my husband went to the drawer—the sovereign produced is one of those that was in the bag—I identify it by a mark across the neck, and this half-sovereign also—I have kept them as weights—this is the piece of ribbon which had been in my bag on that Sunday—I found it in the cupboard in the prisoner's room on Tuesday, the 15th—this bag and the seaman's notes were left in my drawer.
Prisoner. Q. Do you swear to this piece of ribbon found in my cupboard? A. Yes, and I saw it in my place on Sunday morning, a few minutes past eleven o'clock—I emptied it out of the bag, and put it in again with the silver and the tobacco-box—it was the ribbon of my little girl's bonnet, who
is dead—she sewed this button on it, and I have kept it—I have a little boy' and he may, like other children, have brought things out of my place, but he has not brought anything out of my drawers—I missed a little work-box out of my parlour, but not out of my drawers—I have not found that my little boy took it out.
GEORGE AUGUSTUS ELLIOTT . I padlocked the door that evening, and when I came home it had been shifted, so that I could not get the hasp off—it was as if it had been drawn—I went to my wife's drawer, and missed the money—I then went for the policeman, and we went and searched the prisoner's room—he came home about half-past one o'clock, very drank—the policeman collared him—he threw himself open, and said, "I have got nothing, you may search me"—the officer found on him a penny-piece—I ordered him to be taken, and two sovereigns and two half-sovereigns were found on him—I found in the prisoner's cupboard a knife broken—I said, "This knife has opened my drawer"—I fitted it with the marks on the drawer, and it corresponded exactly.
Prisoner. Q. Do not you suppose if you had gone into any other room you might have found a knife that would have fitted? A. I dare say I might—I think this is strong enough to make an impression between two hard pieces of wood.
GEORGE NIPPARD (police-constable K 292.) I found on the prisoner one penny and two halfpence—he said he had no more—I took him to the station and found two sovereigns and two half-sovereigns between the lining of his waistcoat, 9s. 6d. in his side coat-pocket, and five penny-pieces—this marked sovereign and half-sovereign were found in his waistcoat lining.
Prisoner's Defence. The money was my own, that I had saved up from time to time. I am in the habit of earning a great deal of money, and I have sometimes gone short of food to save a few shillings. There are many marked sovereigns; they are usually marked with a scratch across the side; I did not know this was marked. I left at half-past four o'clock, and was not in again till half-past one. There were several persons in the house, and neither of them are come to say that I was in the house. I do not know whether my witnesses have been bribed, or whether Ellen Goggin is here to prove I was in Mr. Newman's house, drinking half-and-half; she said it was twenty-five minutes past five when I was there. I sent to her since, and she would not say what the time was; she did not know the time after the policeman had been to her; there were two more rooms occupied in the house, and I think the people were in their rooms.
MRS. ELLIOTT re-examined. His wife was in distress, and his children—he used to come home very drunk in the evening—I have taken one child, and partly fed it for the last fortnight—his wife used to keep her door shut, but I observed poverty—I had other lodgers in the house—they are not seamen. GUILTY . Aged 32.— Transported for Ten Years.
FREDERICK MILLER . I am a cabinet-maker, and live in Globe-road, Bethnal-green. On Sunday evening, the 13th of Nov., I was at my mother's, Jane Elizabeth Miller, a tobacconist, in Foley-street, Marylebone—the prisoner came in between six and seven o'clock—he inquired the price of a pipe
that hung in the window, and I sent my brother up stairs to inquire—another boy came in, and asked the prisoner what he was going to give for the pipe—he said 1d.—they both went directly, and I missed a bundle of eighty-five cigars, which had been there before—no one had been in but the prisoner and the other boy—the prisoner did not buy any thing—he did not buy the pipe because I could not wax it—I had seen the cigars safe when the prisoner came in—they have not been found.
HENRY FOWLER (police-constable E 111.) On Sunday evening, the 13th of Nov., I saw the prisoner, about seven o'clock, run from the corner of Titchfield-street into Arabella-court, with a bundle of cigars in his hand—that is about 100 or 150 yards from the prosecutrix's shop—I am quite certain he had the cigars.
Prisoner. Q. Why not stop me with them? A. You know you cut into the court before I could get hold of you—you had a little bit of a handkerchief over one end of the cigars.
Prisoner. It is false; I was not; I had not these cigars at all.
GUILTY .* Aged 16.— Transported for Seven Years—Convict Ship ,
SARAH HALLAM . I am the wife of John Hallam, of Charterhouse-street. On the 5th of Nov., about a quarter past three o'clock, the prisoner and his brother came to my house—I knew his brother, but not him—I had them down into my kitchen, and gave them some bread and cheese—I went into my back-kitchen, and left them—they staid some time, then went away, taking the rest of the bread and cheese with them—my daughter had set the spoons, glasses, and other things, on a tray, and put them up stairs—the prisoner walked up after her—my daughter then went again, and called out that the spoons were gone—they were fellow spoons to this one which I produce, and no one else was in the house who went up the kitchen-stairs—the spoons hare not been found.
Prisoner. Q. Was there not another person in the house? A. There was a young girl in the kitchen, but she did not walk up stairs—the prisoner's brother did not go out till he was gone—he followed the prisoner in about two minutes—the other was just shutting the door when I missed
ELIZABETH SPENCER HALLAM . The prisoner and the other man came to our house—I went down, put the spoons on the tray, and went up stairs, leaving them in the passage—the prisoner came up first, and then the other one came—the prisoner went out first—as soon as they were gone I went to the tray, and missed the spoons—I called my mother, and said they were gone.
THOMAS WHITWORTH . About half-past three o'clock in the afternoon of the 5th of November, the prisoner and his brother called on me at the brew-house where I work—I took them over the tap, and gave them some bread and cheese and beer—I then went to them again, and the prisoner had two spoons in his hand—he said he had got two spoons, and if they were silver he could get over while Monday—the spoons were something similar to this
one, but I did not have them in my hand—I met him afterwards, and asked he had sold them—he said he had sold them for 6d., and that he was hard up.
Prisoner. They were only German silver; I paid 10d. for them before I started to seek for work—I was making my way down to the Dover rail-road, where I thought I should get work.
MRS. HALLAM re-examined. When the prisoner was committed, he asked me not to appear against him, and said his brother would tell me what he had done with the spoons. GUILTY .* Aged 29.— Transported for Seven Years.
RICHARD WILLIAM VENNBR . I live in Old-street, St. Luke's, a few doors from Mr. Joseph Hart, on the same side of the way. On the 11th of Nov., I saw three lads looking in at Mr. Hart's window—I went across the road, and watched them—I saw two of them go into Mr. Hart's door-way, and take these handkerchiefs—I followed the prisoner, who was one of them, and he dropped the handkerchiefs—I ran, and took him, without losing sight of him.
(The prisoner received a good character.)
GUILTY .Aged 14.— Confined One Month,
TIMOTHY CLARK . I am watchman to Mr. Frederick George Richardson, timber-merchant, at Limehouse. I was called by Rich, about five o'clock in the morning, on the 7th of Nov.—I gave the prisoner in charge—this sawdust is my master's—I questioned the prisoner where he got it—he said be bought it of a man for 6d.
JAMES RICH . I am a sawyer to Mr. Richardson. I saw the prisoner put the sack of sawdust out of the pit, then take it out of the yard—I stopped him on the canal bridge—he threw it down—he said he would give me 2d. to get a pint of beet if I would not take him back to the yard—he was not allowed to take this as a perquisite—there were the marks of his fingers where he took this sawdust out of the pit.
Prisoner. It is what I bought, and paid for; I took it there to get my sack filled; I am in the habit of buying a great deal. NOT GUILTY .
451. MARGARET TWINEY was indicted for stealing, on the 11th of Nov., 1 watch, value 3l.; 1 tobacco-box, 6d.; 1 sovereign, 2 shillings, and 1 sixpence; the property of Thomas Midwinter, from his person.
THOMAS MIDWINTER . I live in Newland-terrace, Kensington. On the night of the 11th of Nov. I was returning home from Hammersmith—I was accosted by the prisoner, who asked me to give her something—I did not say I would not, but we went down into Edward-square together, stood there some considerable time, and then I heard something snap, which I considered to be my watch-guard—I felt, and my watch was gone—I took hold of her, and took it out of her hand—I felt for my money, and it was gone—she took a sovereign from my right-hand waistcoat pocket, and my silver out of my left trowsers pocket—I did not miss my tobacco-box till it was found.
Prisoner. He told me he would show me the nearest way, and he tore my
things—he gave me 3s., and wanted to kick and ill use me. Witness. No, nothing of the kind.
ELIZABETH PRICE . I am searcher at the station. I searched the prisoner, and found a sovereign and two shillings in the left-hand sleeve of her gown—she took this tobacco-box from her bosom, and put it on the seat of the cell—her gown was not torn then as it is now.
(Property produced and sworn to.)
Prisoner. He gave me three shillings, as I thought; I put it into my bosom, and it went down the sleeve of my gown.
GUILTY . Aged 24.— Confined Six Months.
JOHN SKIPPER . I live at Hoxton, and am a French polisher. The prisoner was in my service—on Sunday evening, the 30th of Oct., I had three half-crowns, two shillings, and a sixpence, in a box in a cupboard—I saw them safe on that night, and missed it on Tuesday—the closet had been forced open, and the box broken open with a cabinetmaker's awl—I went to the prisoner's house—he was not at home, but I met him in Slater-street—I asked him how he came to break open the box—he said he did not know what tempted him to do it—I asked what he had done with the money—he said he had spent it.
THOMAS MALIN (police-constable H 74.) I took the prisoner—he said he was very sorry, and that he had bought a pair of shoes and a pair of stockings out of the money—I found 2s. 5d. on him, which he said was part of it. GUILTY . Aged 16.— Confined Two Months.
GUILTY . Aged 40.— Confined Four Months.
NEW COURT.—Friday, Dec. 2nd, 1842
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 21.— Confined Three Months.
150. JOHN SAUNDERS was indicted for stealing, on the 22nd of Nov., 26 cheroots, value 3s.; 18 cigars, 2s.; 1 memorandum-book, 2d.; 1 six-pence; and 2 pence; the property of Thomas Hodges;to which he pleaded
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 25.— Confined Four Months.
GUILTY . Aged 32.— Confined Three Months.
GUILTY . Aged 24.— Confined Two Months.
GUILTY . Aged 41.— Confined Three Months.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELEANOR THOROGOOD . I am servant to Mr. Godbold, baker, Manchester-terrace, Islington—on the 23rd of Nov. the prisoners came in at one o'clock—Duncan asked for a penny loaf—I gave it her—Smith laid down 1s.—just at that moment my master came in and cut it in half—the prisoners came in and went out together.
JOHN GODBOLD . I came and looked at the shilling—I found it was bad, and cut it in half—I said they knew it was bad—I put those pieces on the counter—Duncan snatched at them and got one—I took the ether—Duncan said she had just taken it for some coals, I might go to the house and see if I liked—they went away—I followed, and lost sight of them—I met Wood and described them to him—I saw them in custody at the station about twenty minutes after—I gave the half shilling to Wood.
JANE MUNN . I am servant at Mrs. Jackaman's coffee-shop—about ten minutes past one, on the 23rd of Nov., the prisoners came to the door—I went to open it—Smith asked me for a penny loaf—Duncan was behind Smith—I gave Smith a loaf, and she gave me a shilling, which I gave' to my mistress.
Smith. Directly I gave her the shilling, she put it into her pocket, and, pulled out about four more, and 9d. in copper. Witness. No, I had no silver there.,
JAMES WOOD . I am a policeman. God bold described the prisoners to me on the 23rd of Nov.—I saw them come out of the coffee-house, and, took them—I received part of a bad shilling from Godbold, and a shilling from Munn.
Smith's Defence. I took a shilling from a man for a dressing comb. Duncan's Defence. I have been committed wrongfully, I did not snatch the shilling; I picked up half of the shilling.
SMITH— GUILTY . Aged 23.
DUNCAN— GUILTY . Aged 22.
Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
EDWARD CLAYTON . My father keeps the Coach and Horses in the Edgeware-road. On the 3rd of Nov., a woman, who I believe was the prisoner, came and called for a glass of something—I cannot say what it came to—she tendered me a bad half-crown—I asked whether she was aware it was a bad one—she said, "No"—I desired Henry Jackson who was there to take charge of her—I went out to make some enquiries—I kept the half-crown in my possession all the time till I came back and told her to be off—she then gave me a good half-crown to take for the article—I gave her change and kept the bad one, which I afterwards gave to Wilkins.
Prisoner. Q. Are you positive I am the person? A. To the best of my belief you are—it was about half-past twelve, o'clock.
HENRY JACKSON . I was at the Coach and Horses when the prisoner gave a bad half-crown—she was given into my charge while Clayton was out—all that time I had hold of her—I am sure she is the woman—she afterwards put down a good half-crown.
MARTHA GREENHAM . I attend at Mr. Crowley's, a haberdasher, in Upper-street, Islington—about half-past six o'clock in the evening of the 8th of Nov. the prisoner came for some black silk, which came to 2½d.—she gave me a half-crown—I gave her 2s. 3½d.—she said it was too dear, and asked if I could not let her have it for 1½d.—I said, "No, not that colour"—she said she had better not take it—she put down 2s. 3½d., one shilling being put on the other—I removed the upper one, and found the under one was bad—I had noticed those I gave her very particularly, and saw they were good—I said, "You don't suppose I am going to take this bad shilling"——she said it was not a bad one—she took it up, and put a good one down while I turned round to make it known—Mr. Crowley was by and asked her to give up the bad shilling—she said she had not one—an officer was called and she was taken.
THOMAS DOBSON THOMPSON . I am shopman to Mr. Hickman, ironmonger, Edgeware-road—on the 15th of Nov. the prisoner came to our shop and asked for a padlock—it came to 6d.—she gave me a half-crown—I gave her 2s.—she then wanted one which came to 4d.—I found her one at 4d.—she then put down 2s., and asked for her half-crown again—I looked at them and found one was bad—I am sure those I gave her were good—an officer was called in, and she said it was a shilling I gave her—when my employer came, she said she would take the padlock, and if it it was a bad shilling she Would be the loser rather than have an exposure.
THOMAS WILKINS (police-constable.) On the 15th Nov. I was called to Thompson's shop, and took the prisoner—she said, as she was leaving the shop, that she had made away with the good one—I said, "Then you know the other was bad"—she said, "Yes, we must all get our bread as well as we can oh, I must not tell you too much," and then she said, "I hope I shall get over this, as well as I did at Clerkenwell last week."
Prisoner. I believe the officer has brought the half-crown against me to send me here; I am not guilty of cither of these.
GUILTY . Aged 20.— Confined Four Months
NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MARGARET POOL CROSBY . I am the wife of William Crosby, baker, in Strutton-ground, Westminster—between five and six o'clock on the 18th of Nov. the prisoner came for a penny loaf—he offered me 6d.—I gave 5d. change—I noticed the sixpence was a bad one—I called him to stop, and he ran away—I put it on the chimney where there was no other money—I found it there next morning, and then put it into a drawer separate from other money—I took it out on Saturday and gave it to the policeman—I am quite sure it was the same the prisoner gave me—I saw him again on Saturday evening between five and six o'clock—Mrs. Cook called me into the shop—I saw a good new sixpence lying on the counter—the prisoner said it was not a good one—I bit it, and said I wished I had a hundred of them—I then gave him another which I had bitten—he rumbled about under his smock-frock, and pretended to eat a bit of bread"—be then threw a bad sixpence on the counter, and said, "You have given me a bad sixpence"—Mrs. Cook collared him, and said she had been watching him.
Prisoner. Q. You said you could not swear to me? A. I did, but when I came to recollect your countenance, and your hat was off, I could swear to you out of twenty persons—you had a cap on on the Friday evening, drawn over your eyes—I followed you to Duck-lane, and a person said, "Don't go there, you will be murdered"—on the Saturday night I saw him through the window, and knew him—be had a smock-frock on then, and a hat.
REBECCA COOK . I was in the shop on Friday night when the prisoner came—I saw him leaving the door, and passing by the window about half-past five o'clock—I heard Crosby hallooing after him to stop—I am sure he is the person—I saw him again on the Saturday—he came, and called for a pound of bread—he gave me a good shilling—I gave him 4½d., and a bright silver sixpence—he said it was a bad one—I called Mrs. Crosby, and said, "Go for a policeman"—the prisoner put the sixpence on the counter, Mrs. Crosby took it up, bit it, and said she wished she had twenty more like it—then she took another out, bit it, and gave it to him—he put it into his mouth, and said, "This is a bad sixpence"—he put down a bad sixpence, which Mrs. Crosby took up.
Prisoner. Q. Are you sure it was half-past five? A. It was between five and six.
which I got from Mrs. Crosby—I searched the prisoner, and found on him 4jrf. in copper money.
Prisoner's Defence. I was at Kensington at the time; Eliza Gilmore and another female were there; the one that ran away must have been another person, because the piece was not produced on the first examination. GUILTY . Aged 20.— Confined Six Months.
WILLIAM WATKINS . I live in King-street, tower-hill. On Sunday night, the 6th of Nov., I met the prisoner—I went home with her to Johnson's change, Rose-lane, and sent for something to drink—I and my shipmate, the
prisoner, and another girl remained there an hour and a half—then my ship. mate and the other girl left—the prisoner then said, "We will go to bed"—I took out my bag, and counted the money—it contained six half-crowns and eight shillings—while I was undressing she put her hand into my pocket, took the bag, ran out, and called, "Will"—I went out, and could not see her—I went to my lodging—on Tuesday I found her coming down Johnson's-change, between three and four o'clock in the afternoon—I am confident it was her.
Cross-examined by MR. DOANE. Q. Had you more than one woman that night? A. Only one—my shipmate had one—I did not speak to her when I saw her on Tuesday—she had an old woman with her—they went into a gin-shop—I walked in, and sat down behind them—they had a quartern of gin—I said, "Have you any recollection of me?"—she said no—I said, "Have you any recollection of what occurred on Sunday night?" and she said she never saw me in her life. NOT GUILTY .
JAMES HOLMES . I was present at the prisoner's marriage with Sophia Swan, about five years ago, at the parish church of Yatley, near Blackwater, in Southampton—I gave her away—I saw her last at Frimlay, in Surrey, on the 8th of November.
Prisoner. I parted with my wife three years ago; she did not wish to live with me; I have only seen her once since; she was then living with another man. Witness. I know her now—she goes by the name of Cormack—she lives with her father and mother, not with another man that I know of.
Prisoner's Defence, She has never troubled me. at all to ask for money, or anything.
GUILTY . Aged 33.— Transported for seven years.
163. WILLIAM SMITH was indicted for embezzling, on the 11th of Oct., 26 shillings: also on the 17th of March, 1l.; 21st of March, 1l.; 23rd of March, 1l.: also 23rd of March, 1l.; on the 26th of March, 17 shillings and 8 pence; 28th of June, 5 shillings; the property of Charles Francis and others, his masters; to which he pleaded
GUILTY . Aged 31.— Confined Nine Months.
(The prisoner received a good character.)
MARTHA TOWNSEND . I am a widow, and keep a toy-shop at Hounslow. On the 25th of Nov. the prisoner came, and looked at several different articles—she said she had been a few days before with Mrs. Woodbridge's little girl, and said her name was Elizabeth Woodbridge, and on that account I showed her some things—I let her have an accordion and a doll—she was to pay on Saturday evening, or the first thing on Monday morning—I then made inquiries, saw a policeman, and gave him information—we went where she lodged, and saw the accordion on a box—these things, which I know are some of my property, were beside the accordion—she was there, and some of them fell from her person—I am sure these three brooches, ring, and buckle are mine—I have since missed them—she had an opportunity of taking them while in my shop, as I went into the parlour.
Prisoner. She gave me credit for every one I had. Witness. No, I did not, only for the accordion and doll—I did not give Her credit for these, nor know that she had got them.
Prisoner's Defence. I said I had no money to buy any thing; she said she would give me credit, and did not mind my having what I liked; she asked me if I was a relation of Mrs. Woodbridge; I said I was; I never said my name was Elizabeth Woodbridge.
GUILTY .* Aged 22.— Transported for Seven Years.
WILLIAM GUNSTON . I keep a shop in Ex mouth-street. Between eleven and twelve o'clock on the 22nd of Nov. the prisoner came for a pork chop—she took two, and dropped one in her lap—she had one weighed, and then went out—I sent my boy after her, and this other one was found on her.
Cross-examined by MR. DOANE. Q. You saw her take this one? A. Yes—the other came to 3d.—she said, when she came back, that she did not know what possessed her to take it. NOT GUILTY .
JAMES BELCHER . I keep the Barclay Arms, at Cranford. On the morning of the 29th of Nov., about half-past eight o'clock, a coach-load of people and a van-full came to my house, they went into my kitchen, and pulled all the things about there, and others of them went up stairs—I called the servant, but those who were in the kitchen would not let her out, while others were plundering the larder—the prisoner was one who was there—there was a piece of beef, a cooked hare, (almost a whole one,) and three quartern loaves, taken out of the house—they paid for the liquor which they drank, but not for what they took out of the cupboard—they did not ask for the beef or the hare, which I missed—this is the beef—it is mine.
Cross-examined by MR. BALLANTINE. Q. Did you notice the prisoner there? A. Yes, and served him with rum—there were thirty or forty personaal together—I understood they were going to a fight—they were going from London—my maid-servant is not here—there was no money paid to her—she could not get out of the kitchen—the money that WM paid for liquor was paid to me at the bar.
JAMES GILHAM . I am a labourer. About half-past eight o'clock, on the morning of the 29th of Nov., this party arrived at the prosecutor's—the prisoner was one of them—I saw him standing at the larder-door—this is the piece of beef—(looking at it)—I am sore it was safe in the larder before the party came—I had my dinner off it the day before—I was in the prosecutor's service.
THOMAS DOUGLAS (police-sergeant J 28.) I received information about nine o'clock that morning, and overtook the coach just by the Cross at Coinbrook—it was then standing still—I saw the prisoner in the coach—he had a loaf of bread and this piece of beef by the side of him—I showed the beef to
the prosecutor and Gilham—they identified it.
Cross-examined. Q. How many other persons were in the coach? A. I believe five or six.
GUILTY .* Aged 42.— Transported for Seven Years.
CHARLES ATFIELD . I am in partnership with James Atfield, in High-street, Poplar. Between seven and eight o'clock in the evening of the 9th of Nov., the prisoner came and purchased a pair of worsted gloves—after she left I missed a short length of ribbon—I followed, and was bringing her back—she sent her daughter back for her brother Bill—I went back to the place where I stopped her, and saw her daughter looking about—I stopped to look for the ribbon, and while I did that the prisoner and her daughter got away—I found the ribbon in the street, near where I stopped her—her daughter had not been in our shop—this is our ribbon—(looking at it)—I had seen it there half an hour before.
Prisoner. I never was in his shop in my life; I was passing the shop; he came and accused me of this. Witness. I am quite certain she is the woman—I found this ribbon as near as possible to where she had been standing—it was picked up and given to me—it was about a quarter of an hour from her coming, into my'shop and my catching her—it was very dark.
THOMAS MEPHAM . I live in St. John-street. On the 21st of Nov. I was on the opposite side of the way, looking out for a thief—I saw the prisoner take the pail and run off—my wife ran after him—I ran, and called out—he threw it into the road—I took him.
Prisoner's Defence. I did hot know that I took it; I did not take it with a
felonious intention; what he calls a picklock is only a bit of wire.
GUILTY . Aged 45.— Confined Nine Months.
169. EDWARD BUTFOY was indicted for stealing, on the 24th of Nov., 1 jacket, value 1l.; 1 pair of trowsers, 15s.; 1 waistcoat, 2s.; and 2 shirts, 3s.; the goods of Jose Dos Rus, in a certain vessel in a port of entry and discharge.
JOSE DOS RUS . I am steward of a barque in the West India Dock. I had put these things into my drawer in the cabin—on Wednesday night I went to my drawer for 1s., and it was gone—I spoke to the prisoner, and he said he had not seen it—the next day I missed my clothes—I went and caught the prisoner with them on him—he had no business with them at all—these are
GUILTY . Aged 20.— Confined Three Months.
170. MARY ANN MOODY was indicted for stealing, on the 14th of Nov., 1 handkerchief, value 2s. 6d.; 1 knife, 6d.; 1 bag, 6d.; 3 half-crowns, 8 shillings, 3 pence, and 4 halfpence; the property of John William Hicks, from his person.
JOHN WM. HICKS . I am a broker, and live in Pitt-street, Old Kent-road. On the night of the 14th of Nov. I was with a young man in York-street, Westminster—we met the prisoner—she invited us to her lodging—she complained, when she got there, of being thirsty—I took a shilling from my bag, and sent for some beer—the prisoner left the room, and I missed my bag, which contained the money stated—I complained to the policeman—she was brought to the station next morning—my knife and handkerchief were found on her, which I had missed the night before—these are them.
Prisoner. You gave me the handkerchief to put on my bonnet. Witness. I gave her nothing at all.
Prisoner's Defence. He gave me the money and the knife too, and lent me the handkerchief.
GUILTY .* Aged 19.— Confined Nine Months.
171. THOMAS PEARSON and HENRY STEVENS were indicted for stealing, on the 11th of Nov., 1 tea-chest, value 2s. 6d.; and 35lbs. weight of tea, 9l.; the goods of James Whatley.—2nd COUNT, stating them to be the goods of John Wellings.
MR. PRENDBROAST conducted the Prosecution.
JOHN WELLINGS . I am a porter. On the 11th of Nov. I carried two half-chests of tea, from Messrs. Stevens and Rowley, in Cannon-street, City, to Mr. Whatley's in James-street, Cannon-street-road, St. George's In the East—when I got there I went in with one of the half-chests, and placed it on the floor—I turned round, and the other half-chest was gone from my track—it was then about half-past seven o'clock in the evening—I had a list of the numbers—I was to deliver both these half-chests to Mr. Whatley—I have worked in the tea trade many years—I am not in the regular employ of any person.
Cross-examined by MR. PAYNE. Q. Who employed you that day t A. Messrs. Stevens and Rowley—I had taken a chest for another person that same day.
some tea from Stevens and Rowley's, in Cannon-street—Wellings brought it about half-past seven o'clock that evening, with a truck—he brought in one half-chest, and put that down, and on going to the door he made an alarm, and the other half-chest was not there—next morning I received information that some tea was found—I took a sample of the tea I had to the station, and compared it with that at the station—I looked at them, and tasted them—from the best judgment that I can form, I hate no doubt Whatever that they were the same—here is a sample of both—there were about thirty-six or thirty-seven pounds in the half-chest that was lost, and the ten that was at the station they told me weighed about twenty-nine pounds—it was in a dirty black bag.
Cross-examined by MR. PAYNE. Q. How long have you been in the trade? A. Between sixteen and seventeen years—there are hundreds of chests of the same flavour, but not so precisely as these samples are—this is cougon with a fine souchong flavour—it is a good tea—I do not believe there is any more in the market of this flavour—I bought all there was in the market of this break, as they told me—it is a fine, lively, cheerful tea—some teas are as flat as beer—there are thousands of a fine, lively, cheerful flavour, but there is a difference in the taste of all teas—I never was in China.
MR. PRENDERGAST. Q. Have you tasted a great quantity of tea? A. I have—in my judgment these two samples resemble one another so much that I believe them to be the same—I nave seen a considerable quantity of this kind of tea—this is a particularly fine flavoured tea, so much so that I bought all I could of it—I observe that same peculiar flavour in both samples—I did not know of any other in the market—I should have bought more if I could have got it.
maker, in Marmaduke-street, Cannon-street, about fifty yards from the prosecutor. About half-past seven o'clock in the evening of the 11th of Nov., I saw four persons in Marmaduke-street, coming from James-street, where the prosecutor lives, and going towards John-street—one of them had a teachest on his shoulder—I looked at him, and he was exactly like the prisoner, Pearson—I did not see his face, but as I walked with him from Denmark-street to Lambeth-street, I observed his stature and his walk—Stevens is just like one of them in height, but he had a blue frock-coat on then instead of a brown one—it is Pearson's stature and walk that I speak to—there were four persons together—the two who were behind said, "You had better hook it, or else they will be after you"—they were going towards the railway, in Cannon-street-road, which would lead them to Ratcliffe-highway:—I afterwards heard that some tea had been taken from Mr. Whatley's, and I gave information in about a quarter of an hour after.
Cross-examined by MR. CLARKSON. Q. You did not see the face of any of the four men? A. No—the one I say was like Stevens in height wore a blue frock-coat.
GEORGE TREW (police-constable H 125.) On Friday evening, the 11th of Nov., I was in White's-row, Spitalfields, about a quarter before eight o'clock—I saw the two prisoners and another—I have not the least doubt that the prisoners were two of the three—Stevens had a black bag on his shoulder—the man who is not in custody went first, Stevens next, and then Pearson close at his heels—I walked across the way to see what they were about, and to stop them—they threw down the bag, ran away, and Stevens's hat dropped off—I took the bag, dragged it some distance, and hallooed, "Stop thief," but they got off that night—I took the bag to the station—it contained twenty-nine pounds of tea—it was shown the next morning to Mr. Whatley—I saw Pearson again the next day, but I was 100 yards from him—I did not get him then—I took him on the 16th, out of the Founder's Arms—I said I wanted him for being concerned with others, in stealing a chest of tea, on Friday night, the 11th of Nov.—he said he knew nothing at all about it—I said, "Yes, you do, you was along with Stevens, when he threw down the bag"—he said he had not seen young Stevens for the last month—I had known Stevens and Pearson before, and when I saw them I recognized them as men whom I had known before—I afterwards saw Stevens in custody.
Cross-examined by MR. CLARKSON. Q. What time was it you saw them? A. About a quarter before eight o'clock, as near as I can judge—I was about seven yards from Stevens when I first saw him—they were coming towards me on the other side of the way—I did not speak to Stevens—he was not above half a minute in my sight—he made off as quick as he could when he saw me—he had a frock coat on, but what colour it was I cannot say—I saw his hat fall off, and saw his face—I have known him about twelve months—I have been in the police six years, and always in the same division—I never had any complaint against me—when I saw the prisoners, I was not aware that any thing had been stolen—there was no one with me—Stevens was apprehended on the 16th—I did not know where he lived—there was plenty of light about the spot, where I saw the prisoners—there is a gas light just opposite—I had not much time to look at them—I think I am not mistaken in them—I never made a mistake in anybody's identity—I did not notice whether Stevens had shoes or boots on.
MR. PRENDEROAST. Q. Did you know the man? A. Yes, and when his hat fell off I saw his face—I have the hat here—I put it on him afterwards, and it suited him very well—he denied that it was his—I am sure he is the man.
CORNELIUS FOAY (police-constable H98.) I received Information from Trew, in consequence of which I apprehended Stevens on the 16th of Nov., in East Smithfield—I was on duty on the 11th of Nov., in Cannon-street, St. George's, and saw Stevens at the corner of Cannon-street, about a quarter before seven o'clock, he was by himself—it was about three hundred yards from where the tea was stolen.
Cross-examined by MR. CLARKSON. Q. Did you notice hit clothes? A. No—I passed within a yard of him—I have known him nearly twelve months—I never had any misunderstanding with him—I had spoken to him about four months before—I knew him well, and am not mistaken in him.
RANDALL LITTON . I am traveller to Stevens, Rowley, and Co., of Cannon-street—I sold two half chests of tea, which came to England by the Viscount Melbourne—I sampled them several times—this sample of tea from the station, and this from Mr. Whatley's are parts of the same tea, and I have no doubt it is the tea I sold to Mr. Whatley—it is my business to judge of teas—I very frequently sample them, and taste them.
PEARSON*— GUILTY . Aged 21.
STEVENN- GUILTY .* Aged 20. Transported for Seven Years.
ELIZABETH COOKSON . I am the wife of Henry Cookson, and live in Ore at James-street, Lisson-grove. On Wednesday, the 16th of Nov., my little boy 'called me into the shop—I had teen these things safe not more than ten minutes before—I had pinned the waistcoat on a line—when I came into the shop I saw the prisoner—he asked me for a halfpenny worth of needles—I served him, and as soon as he was gone I found this jacket on the floor, I then missed the waistcoat and gloves—I am quite certain he is the person—this is my waistcoat.
Prisoner. Q. Do you swear I was in your shop? A. Yes—it was about a quarter past three o'clock.
CHARLES DUKE (police-constable D42.) I took this waistcoat from the prisoner on the 16th of Nov., about a quarter past four o'clock—he went into a shop in Chapel-street, and came out again—I asked him what he had got—he gave me this waistcoat, and said that Nick Barnett gave it him.
Prisoner's Defence. I did not go into a shop; you took it from me in the Harrow-road; Barnett came to me, and we went to buy a waistcoat piece; he had this waistcoat on his back; I had seen him with it on the day before; he said he bought it of a Jew, and it did not fit him; he gave it me to sell for him, and said all I got over 2s. I might have—I went to try to sell it to get some victuals, while I went on with the other one.
GUILTY .* Aged 19.— Confined Six Months.
173. JOSEPH BROWN was indicted for stealing, on the 17th of Nov., 1 metal cock, value 1s. 6d., and 11 inches of pipe, 6d.; the goods of Ann Heading, and fixed to a building.—2nd COUNT, not stating it to be fixed.
HARRIETT HEADING . On the 17th of Nov. the prisoner came to our house for a pail of water—then he came again for a pitcher of water—my mother told him to go down to the cock—he was down about five minutes—after he was gone, we missed the cock, and pipe—the cock now produced it like it, but I could not swear to it—my mother's name is Ann Heading—the prisoner said he stole the cock.
GUILTY .* Aged 16.— Transported for Seven Years—Convict Ship.
KEZIA SAMPSON . I am single, and live in Upper Boston-street, Marylebone. I know Keziah Williams—on the 20th of August, 1840, the prisoner and her were married—I did not go to the church—I saw them at my house both before and after the marriage—I spent the day with them—they passed as man and wife—I saw them several times after.
Cross-examined by MR. CLARKSON. Q. Did not you swear that you had looked attentively at the prisoner, and did not believe he was the person? A. Yes.
COURT. Q. Are you of the same opinion now? A. Now I think he is the man.
THOMAS PITCHER (police-constable P167.) I produce a certificate of the marriage of John Harvey, of the parish of Walcot, Somerset, batchelor, and Mary Ann Page, spinster, by banns on the 29th of Sept., 1828—I got this at Union-hall—I went to Bath, and compared it with the register-book. NOT GUILTY .
175. ELIZABETH SCARLETT was indicted for stealing, on the 19th of Nov., 20lbs. weight of feathers, value 2l.; 1 bolster, 7s.; 1 pillow, 5s.; 1 blanket, 5s.; 1 sheet, 2s.; 2 saucepans, 4s.; 1 coffee-pot, 1s. 6d.; and 2 dishes, 8d.; the goods of Peter Kettles: to which she pleaded GUILTY . Aged 68.— Confined Six Months.
GUILTY . Aged 15.— Confined Three Months.
177. CHRISTOPHER TAYLOR was indicted for stealing, on the 18th of Nov., 1 coat, value 2l.; 1 pair of trowsers, 5s.; 1 handkerchief, 2s.; 2 lancets and case, 6s.; 1 cigar-case, 1s.; 1 card-case, 1s. 6d.; and 1 pair of boots, 5s.; the goods of George Hooper Garrett: to which he pleaded
GUILTY .* Aged 12.— Transported for Seven Years
WILLIAM VINTER . I am a dairyman, and live in Windmill-street, Tottenham-court-road. Between eight and nine o'clock in the evening of the 13th of Nov., I was at the back of my shop, and heard a noise—I went, and saw the till open as far as it could go—I had not left it open—I saw the prisoner stooping down by the side of the counter, with this umbrella in his hand—I said, "You young thief, you have got my umbrella"—he looked me in the face, and ran out with it—I followed, calling "Stop thief," and he dropped it three doors from my house—I took it up—he was stopped by two gentlemen, and brought back—he said, "I hope you will forgive me, I will never do so again; a great big man outside the door told me to do it"—I cannot say whether there was any man outside belonging to him—I heard a scuffle with some persons—this is my umbrella.
Prisoner's Defence. I did not say so; I was going along, and fell down; two men caught me, and said I was a thief. I know Mr. Rawlinson's writing—this is his signature to this examination—(read)—"The prisoner says,' I won't do it any more."
GUILTY . Aged 13.— Transported for Seven Years—Convict Ship.
Sixth Jury, before Edward Bullock, Esq.
MARY ANN HARDY . I am the wife of Charles Hardy, of Devonshire-street, Lisson-grove. About twelve o'clock at night, on the 19th of Nov., the prisoner came to our shop with another man, who called for a cup of coffee—the prisoner said he would treat the other man with it—I turned to get it, and heard something fall—I came back, and saw the prisoner reaching himself from the window—I asked what he had got—he said, "Nothing"—I took him, and he had a leg of pork under his arm—I was going to take it from him, he turned, and it fell on the floor—it was cooked—I called assistance, and Arnold came.
Cross-examined by MR. PAYNE. Q. Was he sober? A. Yes—ours is a night house—it was a knife and fork I heard fall, which bad been in the dish with the pork—it was a whole leg of pork—the prisoner had been there half an hour.,
ALFRED ARNOLD , I am a fishmonger. I was at the prosecutrix's house, and went to her help—I saw her lay hold of the pork, which was under the prisoner's arm, and in the scuffle it dropped—he got to the door—I collared him, and dragged him back—he tritiek me, and then tried to butt me with his head—the policeman was brought, and took him.
Cross-examined. Q. Did he appear to have been drinking? A. He was perfectly sober. NOT GUILTY .
ELIZABETH MARTER . I am eight years old, and live with my father, a broker, in Queen-street, Pitfield-street, Hoxton. On the 16th of Nov. I was minding my father's shop—I saw the prisoner take up a chair from outside, and put it on his back, he crossed the road, and began to run—I called my father, who went after him—I am sure he is the person.
SAMUEL MARTER . I keep this broker's shop. I pursued the prisoner—he was walking on with the chair on his shoulder for about a quarter of a mile—I overtook him, and took it from him—he came back quietly for 200 yards, then he made a desperate resistance, hurt my arm, threw me on my back on the pavement, and ran off about 200 yards before he was caught—I did not lose sight of him.
GUILTY . Aged 23.— Confined One Month.
ANN BALLARD . I am a linen draper, and live in Grosvenor-row, Pimlico. On the 25th of Nov. I missed this roll of flannel from inside my shop-door—I had seen it three-quarters of an hour before—this is it—I swear to it.
MARY ROBERTS . I live in Grosvenor-place, Pimlico. About twenty minutes past five o'clock, on the night of the 25th of Nov., I was cleaning the windows—I saw the prisoner and another man together—I saw the prisoner take the flannel from the prosecutrix's door, and take it away—I watched him through the window—the gas was lighted—I told my mother, who went after him.
Prisoner. Q. Did I attempt to run? A. No, you walked along—you were taken about a dozen yards from my door.
JAMES BRADLY . I am a police-constable. I took the prisoner—he said some party had stolen the flannel, and thrown it on his heels, and he was going to return it—I found he had a pair of false curls under his hat—I charged him with having been in prison—he denied it, and then he said he had.
Prisoner's Defence. There was a young man in a black frock-coat took the flannel, and threw it against my legs; I picked it up, and stood it in a door-way; I was taken back, and the girl said I was not the one.
GUILTY . Aged 19.— Confined Six Months.
THOMAS MALIN (police-constable H 74.) On the 16th of Nov. I saw the prisoner, with two others, in Goulston-street, White chapel, going towards Wentworth-street—the prisoner had this bag tied up in a handkerchief, containing 11lbs, weight of coffee—I saw him receive it from one of the others—I kept a sharp eye on him—he came by me very sharp along Wentworth-street, towards a bad house, where he lodged—I followed him, took the bag, and endeavoured to take him, but he escaped—I took him three days after—he said it was given to him by another party—I knew him before.
Prisoner. Q. How far were you from me when the other boy gave me the coffee? A. About forty yards—you came with in five yards of me.
SAMUEL BROOKS . I am shopman to Henry Thomas Page, a grocer, in the Minories. This is my employer's bag—it was safe in the shop, about three yards from the door when we shut up on Tuesday evening, the 15th, it contained coffee belonging to my master—I missed it about half-past seven o'clock on the following morning, the 16th—we gave information, and then this officer came.
Prisoner. Q. Did you see me near the shop? A. Not particularly that
Prisoner's Defence. I had been out of work two days. GUILTY . Aged 18.— Confined Six Months.
THOMAS OVENDEN . I am a furnishing undertaker, and live in Sebbon-street. The prisoner has been in my employ for two years. On Wednesday, the 16th of Nov., I missed a brooch with some hair and eighteen diamonds in it, from a trunk in my room—I had seen it safe on the Sunday morning before—on that Sunday morning I had sent to the prisoner nine cloaks and
bands, and nine scarf's and hoods, and three men for furnishing a funeral which he had at Deptford—I asked the prisoner if he had seen anything of the brooch—he said he had not—on the following Saturday his mother died—he came to me for the coffin, and on the following Tuesday he came and told me he knew where the brooch was—he took me to Mr. Tyler, a Jew, in Holy well-street—Tyler told me the brooch was at Bow-street, he had not got it—I saw it on Wednesday—this is it—it is mine.
Cross-examined by MR. PRICE. Q. You went to his house the day you missed it? A. Yes, he was never in my house except to order things—he could not have taken it from my house—it might have found its way by accident among the things I sent him, and if his wife had opened the parcel, the brooch would have been found—it does not look valuable to persons who do not understand it—it is quite old-fashioned—I should be happy to employ the prisoner again to-morrow—I do not think he intended to steal it. GEORGE TYLER. I am a watch-maker, and live in Holy well-street. On the 18th of Nov. the prisoner came to my shop about two o'clock in the afternoon—he asked if I would purchase this brooch—he had a fustian jacket on—from his appearance, and knowing it to be a valuable brooch, I hesitated, and told him to come back in half-an-hour, and perhaps I would buy it—he returned—I said, How much do you want?"—he said, "6l., it was left me by my mother; it is an old brooch, and has been in the family many years"—that he had a brother living in my neighbourhood—I knew his brother, and said I would go with him to him—he was living in Drury-court—he went with me, and endeavoured to whisper something in his brother's ear—I said to his brother, "Do you know anything of a valuable diamond brooch that has been in your family some years?"—he said, "No"—the prisoner said, "You remember my telling you about a brooch that a man gave me to sell for him?" I said, "Then you now admit it is not yours?"—he said, "No, a man gave it me to sell"—I said, "I shall keep it till the man comes"—I took it home—the prisoner came with me—he afterwards came to my shop with the prosecutor, and said, "I hare brought the gentleman that belongs to the brooch"—the prosecutor claimed it—I said, "Very well, but we will go to Bow-street; did you give it to this man to sell?"—he said, "I would not sell it on any account"—I took him to Bow-street, and appointed to meet him the next day. Cross-examined. Q. Were you not appointed to attend the next day, and did not? A. The prisoner came to my house first, and asked me to come—I was cleaning myself to go—it struck me at first that he had stolen it—I thought he would not bring the owner—if he had not, it would not have been mine, for I had been to Bow-street and given information—I knew where to find him—I am a jeweler—in my judgment this brooch is worth 12l.—I keep an open shop—the prisoner told me on Friday, the 18th, that he had been offered 5l. in pawn for the brooch—I knew his brother to be a respectable tradesman. NOT GUILTY .
JOHN HUTCHINSON . I am a pork man, and live in South-street, Manchester-square. In the afternoon of the 25th of NOV. I was at my door—I saw the prisoner take half a cheese from a pile outside the door of Mr. Ralph Ormston, my neighbour—he walked past me, and I at the moment had a doubt whether he had not a right to it, as he walked so deliberately past me—he got across the road, took out a handkerchief, and tried to cover it—I then ran after him, and called, "Stop him"—he dropped it, and was taken, and brought back.
Cross-examined by MR. PAYNE. Q. How near were you to him when be took it? A. About three yards—he had got about 100 yards, to the corner of North-street, when he dropped it—it appeared at the station that he had been drinking—it was about half-past three in the afternoon.
(The prisoner received a good character.)
GUILTY . Aged 35.— Confined One Month.
RICHARD MEESON . I am a linen-draper, and live in Bedford-place, East. The prisoner was brought to my shop last Saturday night with this gingham, which she was charged with stealing—it is mine, and had been in my shop about ten minutes before, pinned to an iron inside the door.
FINLEY WENTWORTH . I am servant to Mr. Folkard, a pawnbroker. Last Saturday evening, about half-past five o'clock, I was attending to the sale of some articles outside my master's shop—I saw the prisoner and two other females go to the prosecutor's shop, which is six doors from ours—a customer entered the shop—the prisoner and one of the other girls went inside the door after the customer—the prisoner pulled down this piece of gingham, off a rail inside the door-way, put it under her shawl, and walked away—I went and brought her back with it under her arm—she said, "There were two others with me."
Prisoner's Defence. I had been with two girls, to buy some calico. I was a good way from the door when the girls came and asked roe to hold this. GUILTY . Aged 16.— Confined Four Months.
VINCENT ROBERT ALFRED BROOKS . I am a stationer, and live in Oxford-street. On the evening of the 15th of Nov. I was in my parlour, adjoining my shop, and saw the prisoner, about half-past seven o'clock, riling from behind my counter—I went towards him—he caught hold of something on the counter, and asked me the price—I told him he did not want to buy anything and asked what he was stooping behind the counter for—he denied it—I closed the door, and told the boy to look at the till—he immediately said that it appeared as if money had been taken out of it—I then asked the prisoner if he would allow me to search him, which he did, and I took from his pocket a knife and some silver—I sent for a policeman, and before the prisoner left the shop with the policeman I went to my till—I can swear that there had been some money taken out of it—I had been to it a quarter of an hour before, and no one had been in the mean time—I had been in my back parlour writing it appeared by the till-book that there were 12s. wanting in the till, but there could not be 12s., as there were three half-crowns found—I believe it was 11s. 6d.—I cannot say whether I had any half-crown in my till.
Prisoner. Q. Where was I when you came in? A. At the end of the counter, in the corner.
and five shillings—the prisoner said it was his money, and he believed there was 9s. 6d.—I took him to the station, and as we were going, he requested to go quietly along, as be did not wish to be disgraced—he then all at once turned restive, and broke from my custody—his hat fell off and he ran a quarter of a mile before he was taken.
Prisoner. He asked me whose money it was, and how much; I said there was 9s. 6(2., which I had received from my father in the afternoon. Witness. I said, "Whose money is this?"—he said, "It is mine, I believe fare is 9s. 6d."
Prisoner. When the boy looked first into the till be said there was 9s. 6d. gone; this 12s. 6d. was mine
JOHN GRAY (police-sergeant C 14.) I produce a certificate of the prisoner's farmer conviction, which I got from the office of the clerk of the peace at Westminster—(read)—I was present at the trial—the prisoner is the person. GUILTY .* Aged 20.— Transported for Severn Yean.
JOSEPH PATER . I am servant to Mr. Alfred Underwood, a butcher, in Willow-street, Vauxhau-road. On Thursday, the 17th of November, the policeman brought the prisoner into the shop—I looked, and missed n piece of beef; which was safe in the tray about half an hour before—this is it—it is my master's.
JOHN POOL (police-constable B132.) I saw the prisoner in Willow-street, about half-past five o'clock in the evening—he had this piece of beef under hit jacket, under his arm—I asked what he had there—he said a bit of beef which a butcher boy gave him, in the Vaaxhall-road—I took it from him, and took him and the beef to the prosecutors, which is about 100 yards from where I took him.
GUILTY . Aged 11.— confined Eight Days and Whipped.
ROBERT DAWSON . I deal in hay, and five in Hertfordshire. I was at Edgeware on the 29th of NOV.—I came outside the George—the prisoner came out about a minute after me, and asked what I was going to stand—I said, "Nothing"—I stood talking to her three or BOUT minutes outside she pushed against me—I stepped away from her, felt in my pocket, and my purse was gone, which had contained a shilling and two sixpences, and this halfpenny, (looking at it,)which I had been tossing with, and had marked on the head—she ran down a street—the policeman was just by—I told him to run after her—I told him that my halfjpenny was marries, and was loose in my pocket, but my other money was in my purse the prisoner was stopped, she pulled out some money, and said she had a halfpenny in her bosom—she took it out, and it was my marked halfpenny—we went to the Magist rate, and she afterwards said, "I am very sorry Car doing so; I would rather have given a sovereign; but if you will go with me, policeman, I think I can find it"—she went with him—I staid at a distance—she came hack, and said she could not find it '
FRANCIS HOLMAN (police-constable S 294.) I took the prisoner in the village of Edge ware—she said she had a halfpenny in her bosom, and took this halfpenny out—she said she never had the purse, but she had some money—after we came back from the Magistrate, she said she was very sorry, but if I Would like to go to the place, she would try to find it, for she had planted it
—I went, and we searched some time, but could not find it—she then said, "I was so drunk, I did not know what I was about; I can't tell the spot where I put it."
Prisoner's Defence. I was at home, and they sent for mo over to the George, gave me beer, and rum-and-water; the prosecutor asked me several times to go with him; and when we got out, he began to pull me about; I know no more, for my head went.
GUILTY. Aged 30. Of stealing only. — Confined Four Months.
JOSEPH SHACKLE . I am a police-inspector. On the 17th of Nov. I saw the prisoner and another person, about two o'clock in the day, in Sutton-street, Clerken well—the prisoner had under his arm these twenty-seven yards of linen, wrapped in paper, in this bag, and the bag wrapped up in this black apron—I knew him and his companion—they tried to escape, and the other got away—I followed the prisoner and took him—I asked what he had got, he said some linen which he had fetched from the warehouse for his master, whose name was Noon, or Newland, and who lived in Old-street—I said, "Tell me the number"—he said, "No, he does not live there, he lives at Hoxton"—I took him to the station, and said, if he would tell me the truth, I would make inquiries, and not detain him—he said, "I see yon mean to detain me; I shall say no more."
Cross-examined by MR. PAYNE. Q. The prisoner did not run? A. He walked very fast—he did not throw it away—I did not give him the opportunity—I was in my police-dress—it was not the name of Moon that he mentioned—it was Noon or Newland.
ROBERT HORNE . I am in the employ of Alfred Luck and others, in Bread-street, Cheapside—this piece of linen is my employer's—I cannot say when I had seen it safe—it might be about a week before it was brought back—I had not missed it—it had not been sold—it has our mark on it.
Cross-examined. Q. Have you a great quantity of these articles? A, Yes; there is one servant beside myself in the department where this cloth was—I can say this had not been sold, for if it had it would have been entered in our books—I have not sold it. NOT GUILTY .
THOMAS KELLY . I am a carpenter, and live at Charles-street, Hatton-garden. On the 19th of Nov., about five o'clock in the evening, I was in my parlour, and my wife called my attention to the door—I saw the prisoner come out of Mr. Ager's shop with these boots in his arms—I stood outside on purpose to see him—he walked off—I asked if Mr. Ager had sold any boots—I then went after the prisoner—he dropped the boots, and ran across the street—a man intercepted him, and I came up to him—he said he was not the boy, and begged to be let go—I took him, and the boots were taken up—these are them—I am sure he dropped them.
Cross-examined by MR. PAYNE. Q. How came you to be there? A. My wife called me—Mr. Ager has got one side of the house, and I have the other shop—I was not more than a yard from where the prisoner came out.
ROBERT PARSONS . I am a leather-cutter, and live in Baldwin's-gardens—I saw the prisoner on Saturday afternoon, the 19th of Nov., enter the prosecutor's shop at five minutes before five o'clock, while I was talking to Mr. Ager
—Mr. Kelly called to ask if he had sent a boy out with boots or shoes he said no—I ran after the prisoner—he dropped these boots—I took them up, and carried them back, and handed them to Mr. Gover.
GUILTY . Aged 16.— Transported for Seven Years.
EDWARD HENRY HONEYSETT . I live in Seymour-street, and am a stationer—I lost a parcel out of my shop on the 25th of Nov, containing nine packs of plain cards, and 144 paint-brushes, called hair-pencils—(he parcel was on a glass case at the back of my shop—on Sunday Mr. King brought the prisoner's and half a pack of the cards, which I had lost—Jane Esdeile said she had purchased them in Hounds ditch—I asked her where the other cards were—she said she had no others—she then said she had bought them in Chapel-street, Islington, and then by the Small-pox hospital—she said we might search' her place, she had no more—we went with her to No. 2, Drummond-crescent, and in a drawer in the room we found a pack of cards, and in the privy we found the hair-pencils and the remainder of the cards—the whole of the property I had lost—I cannot say any thing about Celia Esdeile, only she offered some cards for sale—she has been to my shop, but I had not seen her there—I have seen Jane Esdeile, there repeatedly.
JONATHAN KING . On Sunday evening, the 27th of Nov., Celia Esdeile came to my shop and offered this half pack of cards for sale—another girl was with her—the prosecutor, who is my brother-in-law, had given me notice that he had lost some cards—I went round the counter, and told Celia Esdeile that she must go with me to Seymour-street—as we were going she wished to call on her mother in Drummond-crescent—she went down, and came up again, and said I was to go down, which I did—I saw her mother there, and waited while she put her gown on—she asked if I had said anything up stairs—I said I had not—she said she was going to chapel—I said it would not hinder her to go to Seymour-street, it was in her way—while I was there she went out with a mug, and came in wiping her mouth, and said she had been for a drink of water.
ROBERT ECCLES . I am a policeman. The prisoners were brought to the station-house with these cards—I searched the prisoner's lodgings—I found this one pack of cards in the drawer, and the remainder in the privy.
NOT GUILTY .
NEW COURT.—Saturday, December 3rd, 1842.
Sixth Jury, before Mr. Common Sergeant.
192. GEORGE WILLIAMS was indicated for stealing, on the 21st of Nov., 21bs. weight of bread, value 3 1/2 d. the goods of Robert Reid; and that he had been before convicted of felony; to which he pleaded
GUILTY. — Confined One Year.
193. HENRY BOYNTON was indicted for stealing, on the 19th of Nov., 1 1/2 yard of woollen cloth, called buckskin, value 7s.; and 10 pieces of woollen cloth, 32s.; the goods of Simon Reardon; to which he pleaded
GUILTY .— Confined Three Months.
194. ANN SHEPHERD was indicted for stealing, on the 30th of May, 1 reticule, value 2l. 5s.; 5 handkerchiefs, 10s.; 2 towels, 1s.; 1 scarf, 4s.; 1 table-cloth, 15s.; 4 yards of lace, 10s.; 4 pillow-cases, 4s.; 2 yards of worked muslin, 8s.; 1 petticoat, 2s. 6d.; 1 pair of stockings, 3s.; 1 apron, 3s.; and 1 cap, 8s.; the goods of William Fallover, her master: and EDWARD SHEPHERD , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. DOANE conducted the Prosecution,
MARY ANN FALLOVER . I am the wife of William Fallover, and live in the Polygon, near Clarendon-square. Ann Shepherd was in my service—we were then living at Hammersmith—I had occasion to pack up some property in May, last year—she was in the room at the time—I had a box, containing a tablecover, and these other things—she had an opportunity of seeing this box—about ten days after I missed the box—the articles now produced were in it—they are worth 10l.
WILLIAM MILLER MAN (police-constable P95.) I took Ann Shepherd on the 9th of Nov., at Mr. Morley's, in Queen's-row, Pimlico—I found a box in her bed-room there—she gave me a bunch of keys—I opened the box with one of them, and found this reticule, and a quantity of other things—I went to No. 5, Buckingham-street, Pimlico—in a room there, I found in a box a sheet, table-cover, and these other things—Edward Shepherd was in the room—he said he did not know anything about it—there was nobody there bat him—I opened the box with a key I found in the room.
Cross-examined by MR. PAYNE. Q. Where was the key lying? A. On the drawers—when I took Ann, she said she was going to take these things to a poor woman there.
MRS. FALLOVER re-examined. I have seen the articles produced from the room Edward was in—they are part of the things I lost in the box.
ANN SHEPHERD- GUILTY .
EDWARD SHEPHERD— NOT GUILTY .
195. ANN SHEPHERD was again indicted for stealing, on the 6th of Oct., 5 bottles, value 1s.; 1Ib. weight of mustard, 1s.; 1/4 lb. weight of pepper, 6d.; 4lbs. weight of flour, 1s. 6d.; Gibs, weight of salt, 3d.; 1/2 lb. weight of tea, 3s.; 3 jars, 6d. 1/4 lb. weight of starch, 6d.;4 wine-glasses, 1s. 6d. 21/4lbs. weight of sugar, 1s.; 1 glass tumbler, 6d.; 2 plates, 4d.;1 basin, 1d.; 4 tongues, 1s.; 4 yards of canvas, 2s.; 20lbs. weight of feathers, 2s.; 3 towels, 2s.; 1 pinafore, 2d.; 1 pair of trowsers, 2s.; 1 pan, 3d.; 1 shirt, 7s.; and 1 pail, 6d.; the goods of Thomas Murley, her master: and 1 box, 2s.; 1 sheet, 10s.; 1 table-cover, 2s.; 4 pillow-cases, 8s.; 8 table-cloth, 4s.; and 2 towels, 4s.; the goods of William Fallover: 1 shirt, 5s., the goods of William Pell: and 1 table-cloth, 3s.; and 1 pair of tongs, 1s. 6d.; the goods of Rich India Rudman: and EDWARD SHEPHERD , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. DOANE conducted the Prosecution.
missed the shirt produced, which is my husband's, and a vast quantity of other things—I believe these things to be mine—I can swear to the shirt.
Ann Shepherd, That shirt belonged to my first husband; I gave it to my brother-in-law when I came to town. Witness, It is my work, I can swear—the mark has been picked out—I can recognize where it hat been—these towels have my mark on them, and this petticoat I can swear to, from this tear at the bottom—I did not give it to the prisoner—three of my beds have been opened, and the feathers taken out, and the bolster she slept on was pretty well emptied.
THOMAS MURLEY . The prisoner Ann was my servant—in consequence of missing property, I watched her—she always asked to go to church—she went out on Sunday, the 6th of Nov.—I watched her—she went into No. 5, Buckingham-street—at eight o'clock I saw her and a man, who I believe to be Edward, come out—they went and stopped at the chapel door till the service was over, and then came towards our house—I gave information to the police—this shirt is like mine—I know this bottle of pepper—these other things are mine.
GRACE PRATT . I am the wife of William Pratt, and live in Buckingham-street, Pimlico. On the 14th of Oct. Edward Shepherd took a first-floor back room in our house—the officer afterwards went to the room.
WILRIAM MILLERMAN (police-constable B 95.) On the Wednesday after Sunday, the 6th of Nov., I took Ann Shepherd into custody in the street—I asked, her where she lived—she said at No. 5, Buckingham-street—I went there, and found Edward Shepherd—I found the table-cloth and pair of tongs in the room, and this shirt I took off Edward's back at the station—these other things were in different parts of the room—Edward said he knew nothing about them.
Ann Shepherd's Defence. When Mrs. Fallover was packing up to go into the country, she gave me a great many things; I did not know Edward any more than his being my late sister's husband; Mrs. Fallover was going to leave her house, and gave me these things; I have bought a great many things, and taken to that room.
Edward Shepherd's Defence. I met her; I was to stop at her place till I got work; she told me the shirt belonged to her first husband.
A. SHEPHERD— GUILTY . Aged 40
ED. SHEPHERD— GUILTY . Aged 37.
Transported for Seven Years.
(There were four other indictments against Ann Shepherd.)
196. ROBERT MORRISON and ELIZABETH FRAZER were indicted for stealing, on the 12th of Nov., 1 parasol, value 1s. 6d.;3 curtains, 1s.; 1 bottle and basket, 1s. 6d.; and 1 handkerchief, 3d.; the goods of John Wild.
ELIZABETH THOMAS . I am the wife of Benjamin Thomas, tobacconist, Ratcliffe-highway—my father, John Wild, is very old, and blind. These curtains, bottle, basket, and handkerchief, are my father's—I found both the prisoners tipsy at my father's house—I went to Martha Thompson's, and found these things.
Prater. Q. What do you know these curtains by? A, They were old, and I can swear to them.
at Wild's house—Frazer said, "I have nothing in my room belonging to Mr. Thomas"—I found these things at Thompson's.
Morrison's Defence. On Friday I was going to the docks for work; I called on Frazer, and she gave me a bag; I knew nothing of what was in it; I left it at Thompson's.
FRAZER— GUILTY . Aged 60.— Confined Three Months. MORRISON— NOT GUILTY .
CATHERINE JOHNSTONE . I am cook to Johnson and Co.—the prisoner was a salesman in their warehouse—in April I bought three collars of him—he brought them to me in the kitchen, which is in the back part of the house—I believe his department of the warehouse is in the front of the house—I gave him 13s. for the collars—he gave me this invoice (producing it,) when he brought the collars—here is no date to it.
Cross-examined by MR. CLARKSON. Q. On what day was it? A. I do not know—it was about the beginning of the month—there was no one present—I was first asked about this when he was first taken, which is about a month ago—I have bought other articles in that way of the shop people before—I bought a dress of Mr. Renny in the spring, and a shawl of Mr. Gates about March—I took this bill of parcels of the prisoner as a memorandum—I paid him the money at the time—there is no receipt on it. WILLIAM PROVART. I am a commercial traveller, in the prosecutor's service. On the 16th of April last I bought two black Brussels capes of the prisoner—I bought them on the same day, and gave him 3s. 6d. each for them at the time—I bought them in his department in the warehouse—he did not give me any invoice.
Cross-examined. Q. Was anybody present? A. Yes, Mr. Emery—I know the habits of the house—I have had mistakes in my account with the house to the amount of twice as many pounds as I paid the prisoner shillings—I cannot tell on what day of the week I paid him—I can say it was the 16th of April, because I had two friends with me from the country in the warehouse, buying a parcel—I received a sum of 14l. 19s. at Lynn, of a person named Kirk ham—I was applied to for it in about a fortnight—I denied that I had received it—I believe it was a mistake, and my employer believed so—it was not entered in my book—it was my duty to enter all receipts.
MR. CHAMBERS. Q. How did it happen? A. I suppose I left it on the counter—I explained it to my employers, and am still in their employ.
JOHN JOHNSON . I am in partnership with Mr. William Bulmer and Robert Johnson—we are warehousemen—the prisoner was in our employ for about three years, in the working department—our business is principally wholesale—when the prisoner received any money on account of any retail transaction, it was his duty to take it into the counting-house, and give it to the clerk, but to enter it first into the journal, in the entering-room—we enter the ready-money transaction with "RM" to them—we have two youths to enter them in the cash-book, and when the goods are entered the invoice is taken to the counting-house with the money by the young man who sells, but if he does not take it, the customer takes it, and the clerk in the counting-house receives the money—the prisoner never paid me either of these sums.
Cross-examined. Q. He came to you from Morrison's? A. Yes, with a good character—he was regular in his habits—the whole sums that we charge the prisoner with embezzling, in three indictments, are under 3l.—it is not the rule that young men in the same employ as the prisoner should take
money—but they all know it has been deviated from very much lately, and with our sanction.
Q. Are your orders to your servants that they shall at the counter, if called to sell goods, sell them, make out a bill of parcels, band that hill to the person, and send the customer to pay the money? A. The order is for the customer to pay the money; but sometimes the person who sells takes it——the returns in the prisoner's department, which was mostly wholesale, were from 12, 000l. to 15, 000l. a year—when he first came, it was perhaps 2000l. less—he was originally taken into custody for embezzling 6s. 6d.—he confessed that—that is not in this indictment—we were not afterwards threatened with an action, or proceeding, for having him taken into custody, to my knowledge—I have not beard it.
Q. Was any observation made by any friends of the prisoner that you had taken a very cruel course towards him? A. Yes, that was the report in the neighbourhood, set afloat by himself after we let him go—we did not, upon that, hunt these charges up—they came to us—I spoke to Catherine Johnstone, when I was told of it by some one in the warehouse—I will not swear it was not Emery told me, but my impression is that it was not him—I hate never said that it was Emery—Emery was immediately under the prisoner.
MR. CHAMBERS. Q. You have been asked whether an action was threatened—is this the letter the prisoner sent you? A. Yes—he had the whole of the department in which he was—we have five departments—our ready money, taking in the whole house, is from 40l. to 60l. a week—it has been the practice for the servants to receive money, and band it over themselves, instead of the customer, for the last ten years perhaps.—(Letter read)—"To Mr. J. Johnson. Mr. Johnson,—Will you be kind enough to allow me to have a few things? I am wanting a change of linen, &c. If so, perhaps you will be so kind as to let one of your porters bring them to S—, say a shirt, two collars, rasors, and hair brushes. I have to apologize for thus intruding on your kindness; but I think I know your good nature too well to allow yon to refuse. Again allow me to thank yon gratefully for your and your partner's forbearance, in not pushing too hardly this unhappy business. I have felt, and do feel acutely, my degraded situation; but, with your kindness, I trust so much has not been said but I may establish my reputation. Let me beg you to place yourself in my position, and I trust, for my family's sake, yon will be disposed to view it in the most lenient light. GEO. FOX. Will you send my watch-key also?"
Cross-examined. Q. When did you receive this letter? A. Alter he was set at liberty from the first charge, not any of these charges—I think it was the day he was discharged, or the day after.
(The prisoner received a good character.)
GUILTY.—Recommended to mercy by the Jury.— Confined Three Months.
(There were two other charges against the prisoner, on which no evidence was offered.)
BENJAMIN CLARK . I live in Robin Hood-lane, Poplar. On the 26th of Nov. about half-past eight o'clock at night, I left my coat in my cart in Church-street, Spitalfields—in about Jen minutes it was missing—this now produced is it.
Prisoner's Defence. I saw another young man steal a coat from a cart, and walk along; he threw it down, I was running, like the other people, and the officer caught me.
GUILTY .— Confined Four Months.
JOHN SHARPE . I am in the employ of Edmund Pontifex and another, coppersmiths, Shoe-lane, Holborn. We have missed metal lately—the prisoner was a working apprentice there—in consequence of suspicion we watched, but could not discover anything till Mr. Mitchell brought in about 50lbs. weight of our own metal to sell—our foreman looked at some metal in the shop, and when the men were gone five pieces of it were missing—the next morning we saw Mitchell's man come for the money—we sent for an officer, and found the pieces that were missing there—these now produced are them.
HENRY MOUNTAIN . I live in Great Russell-street, Bloomsbury. On the 24th of Nov. the prisoner and two other persona came into the shop—I am sure the prisoner was one—I saw him go to a side-table, take a toilet bottle, and put it in his side-pocket—when the others had done looking at some articles, I went out and saw the prisoner, and the others were beckoning to him—I followed him with the bottle through two or three streets, into Russell-street again—I then ran, and called "Stop thief," and when within a dozen yards of him he threw the bottle down, or dropped it, and it was smashed all to pieces—this is the top of it—it was the property of Mr. George Webb, my master.
Prisoner's Defence. It fell out of my bands. One of the young men is a cousin of mine. I went in with no intention of stealing, and what caused me to do it I do not know. GUILTY. — Confined Three Months.
JOSEPH JOHNSON . I keep a coffee-shop at Poplar. On the 23rd of November the prisoner came to my house, and had some coffee—there were somesausages there, and he took one—I challenged him with it—he denied it—I threatened to send for a policeman, and then he said he had eaten it.
NOT GUILTY .
Cross-examined by MR. CHARNOCK. Q. How many persons come in there in a day? A. This was in the morning, about half-past seven o'clock—he was drinking coffee, and this pudding was in the window, close to where he was—it had plums in it, and was worth 1s. 3d.—I did not sec any one take it—
mine is a public shop—he owned to taking it when I challenged him with the sausage.
COURT. Q. Did you see it safe when he came in, and was no person there between that time, and the loss of it? A. Tea—I missed it directly he was gone—no person had been there from the time he came into the shop—I knew him by his coming to have half-a-pint of coffee in a morning as he was going to his ships.
GUILTY . Aged 17.— Confined Two Months.
JOHN DAWE . I am a butcher, and live in Ratcliffe-highway. On the 25th of NOT. I was in Mr. Wix's parlour—I saw the two prisoners come in, and go to a tray—I thought I saw one of them lift her hand from the tray to her bosom—they then left the tray, and went to the clock—I came out, laid hold of Hone, and accused her of having something—she denied it—I took hold of her arm, and she let fall a leg of pork—Horan seemed very sorry for what Hone had done—Horan had been buying two penny worth of liver of the boy, and she begged Mr. Wix to take her 2d. and let her go—she said to Hone, "Oh Mary, go down on your knees, and beg Mr. Wix's pardon, and he will forgive you."
JOSEPH SMITH . I was in Mr. Henry Wix's my master's shop—last Friday week he was serving some mutton chops—the prisoner came in to ask the price of a liver—I turned to serve the customers—Mr. Daw and Mr. Wix came out and laid hold of Hone.
None. I knocked it down with my shawl.
HONE— GUILTY .— Confined Two Months.
HORAN— NOT GUILTY .
204. JOSEPH COWLING was indicted for stealing, on the 19th of Nov., 1 jacket, value 10s., and 1 pair of trowsers, 20s.; the goods of Antonio Dominic Torres, in a vessel in a port of entry and discharge.
ANTONIO DOMINIC TORIES (through am interpreter.) I am a seaman on board the Allan—I missed my trowsers and jacket on the 19th of NOT.—I saw the prisoner outside the dock, where the ship was lying, with my trowsers on—my jacket has not been found.
Prisoner. Q. They are my trowsers—did you see me take them off at the vessel? A. No—I am quite sure these are mine—I can swear to them—they were made in Portugal, of Portuguese cloth.
WILLIAM CAMERON . I am the master of this brig—it was in the Londondock—the prisoner came from Port with me—the prosecutor complained of the loss of his trowsen about the 21st, and on the 25th, the prisoner was found outside the dock with these trowsers on—(he had been discharged from the vessel some days before)—when we charged the prisoner with stealing the trowsers he endeavoured to make his escape—we overtook him in Wellclose-square—he had these trowsers on, which the prosecutor swears to by a mark in the back—we asked the prisoner about the jacket—he said it was at his lodgings—it has not been found.
JURY. Q. Did the prisoner sail in the vessel from Portugal with the prosecutor? A. Yes.
Prisoner. When I came on board for my wages the prosecutor hit me in the face, and I hit him again, and be took out a knife—he had my shoes on his feet, and my jacket—the jacket he has on now is mine.
GUILTY. Aged 18.—Recommended to mercy by the captain, who engaged to employ him again. — Confined One Month
MARY BAKER . I live in King-street, Seven-dials—I lost my brass plate from my door—it was worth 4s. 6d., but I do not think it is worth a penny since it has been pulled down—"Baker, dress-maker," was on it—I saw it safe on Friday night, the 11th of Nov.—this is it.
Cross-examined by MR. HUDDLESTONE. Q. You say it is worth nothing now?—A. No—I do not think it is—my name was Cooper once, but it was changed by marriage—my daughter's name is Baker, and she is a dress, maker—I believe the prisoners live next door to me—I have known their parents many years—I heard something about some water being thrown into the house, but I do not know what it was.
SAMUEL RUTHERFORD (police-sergeant F 7.) I was on duty in Long-acre about three o'clock in the morning of the 12th of Nov., and I saw several doorplates partly wrenched off—I and another constable watched and saw the two prisoners come along appearing to be drunk—I saw them attempt to wrench off the plate of Mr. Wybrow's door, and then two or three others—I took James Treasure, and he dropped this screw-driver by his side—it is broken, and I found the broken piece of it behind the plate of Mr. Chappel, which I had seen them try to get off—on the way to the station I saw Joseph Treasure take this plate of Mrs. Baker's out of his pocket, and throw it in the road—I found in Joseph Treasure's pocket this old rasp.
Cross-examined. Q. What are the prisoners? A. I believe they are shoemakers—they were staggering along, but were not rolling about the street. NOT GUILTY .
ALICE DALEY . I am the wife of James Daley, and live in High-street, St. Giles's. About ten o'clock on the 17th of Nov. I was in my parlour—I saw the-prisoner come in and run away with these boots out of my shop—I ran after him, and screamed—the policeman was just by, and brought him back with them—these now produced are mine.
GEORGE JOHN RESTIEAUX (police-constable E 49.) I saw the prisoner ran out of the shop with the boots in his hand—be chucked them into a doorway, and ran on—I took him, and got the boots—these are them.
GUILTY .* Aged 10.— Transported for Seven Years—Convict Ship.
207. CHARLES TUTT HARRIS Jun. was indicted for stealing, on the 14th of Nov., 1 shilling and 1 sixpence; on the 18th of Nov., 2 shillings; and on the 15th of Nov., 1 half-crown; the monies of Charles Tutt Harris; to which he pleaded
GUILTY .— Confined Fourteen Days and Whipped.
208. ISAAC LIVERMORE was indicted for stealing, on the 18th of April 5 bags, value 20s.; 16 table-mats, 15s.; 1 dressing-case, 18s.; 3 smellingbottles, 13s.; and 2 snuff-boxes, 2s.; the goods of John Burnell, his master; to which he pleaded
GUILTY. Aged 59.— Judgment Respited.
ROBERTS. I purchased these brushes of Briant
(The prisoner received a good character.)
GUILTY . Aged 38.— Confined Six Months.
(There was another indictment against the prisoner.)
SUSANNAH ABEL . I am the wife of John Abel, and live in Hope-street, Spitalfields. The prisoner is my sister—she was married to Robert Goldsmith, at Hackney-church, on the 23rd of August, 1835—I was one of the subscribing witnesses—I was present at the same church, in Nov., 1837, when she was married to Daniel Sinfield—Goldsmiih has been dead three years and a half—when my sister was married last we considered him dead.
Cross-examined by MR. DOANX. Q. Did Goldsmith quarrel with her for not getting her property on the day. he was married? A. Yes—the marriage was never consummated—Sinfield knaw that she had gone through the ceremony of marriage with Goldsmith—I told him that he was separated from my sister, and I considered he was dead—Sinfield had no property—my sister had a good house and furniture—he has ill-treated her. since, and she has had to go before the Magistrate nine times—he has held a threat of this charge to get her property from her, and he has got a portion of it.
Cross-examined. Q. After you were married, did you not go to live with her? A. Yes—I did not take her to my house, because I had children—I had nothing of her—not a blanket or sheet to cover me at night—I have threatened to charge her with bigamy as soon as I could prove it.
NOT GUILTY .
WILLIAM FORMAN . On the 23rd of Nov., I lost a musket which was outside my shop window for sale—the one produced is mine. I am in the employ of William Forman, ef Paradise-place, Hackney. On Wednesday, the 33rd of Nov., I was standing in front of my master's premises—I saw the prisoner take the gun, and run away—he dropped it—a man took it up, and brought it back.
Prisoner's Defence. A man said he would give me a few halfpence to carry it; there was a call of, "Stop thief;" and he said, "Chuck it down," which I did—the policeman came and caught me.
GUILTY .* Aged 18.— Confined Four Months.
JULIA PRATTY . I am the wife of Adam Pratty. On the 24th of Nov. I lost my shawl—I got a policeman, and went after the prisoner—I found her, and found this shawl on her between her shift and petticoat, in a lodging-house.
GUILTY . Aged 27.— C I Three Months.
(The prisoner received a good character.)
GUILTY . Aged 13.— Confined Seven Days and Whipped ,
JAMES TUCKER . I am in the employ of Richard Francis Webb. About two o'clock, on the 18th of Nov., I saw the prisoner go by our shop window—the gun was standing by the shop door—he took it up, and went down the street—I followed him—he threw it down, and struck me three or four times in the face—by the assistance of a young man, I got him to my master's shop, he then went into sham fits—this is the gun.
Prisoner. I was very much in liquor. Witness. He was not drunk.
GUILTY . Aged 20.— Confined Six Months.
JOHN YATES . The prisoner lodged at my house. I have missed half a barrel of ale—I went down into the cellar, and caught him coming out of the cellar with one pint of ale in his hand—he had no business there.
Prisoner's Defence. I saw this pint pot, took it up, and saw there was ale in it; the landlord came down; I went to wash myself. Witness. He had no business to go into the cellar to wash; the cellar was locked, and I bad missed the key of it. GUILTY . Aged 24.— Confined Three Months.
216. PHILIP BUTCHER was indicted for stealing, on the 15th of Nov., 2 shillings and 1 sixpence, 2 pence and 2 halfpence, the monies of William George Robinson, his master; to which he pleaded GUILTY .— Confined Three Months.
217. MARY ANN BENNETT was indicted for stealing, on the 30th of Nov., 10 1/2 yards of ribbon, value 9s. 7d., the goods of Henry Tomer; and that she had been before convicted of felony; to which she pleaded
GUILTY .— Confined One Year.
GUILTY .— Confined Three Months.
219. SAMUEL TURNER was indicted for stealing, on the 15th of Nov, 2 printed books, value 5s.; the goods of Alexander William Mills: also, on the 21st of Nov, 1 printed book, 5s., the goods of Charles Ireland; and 1 printed book, 4s., the goods of Joshua Batchelor; to all which he pleaded
GUILTY. — Confined Nine Months.
220. SARAH MILTON , SARAH STEWART , BRYAN STEWART . and WALTER STEWART were indicted for stealing, on the 26th of Nov., 25 wooden boards, value 1l. 18s.; 21 pieces of wood, 11s.; 36 bolts, 7s.; 2lbs. weight of cord, 4s.; 1 nail-box, 6s.; 1 pair of snuffers, 3d.; 1 candlestick, 4d.; 1 broom, 6d.; 1 extinguisher, 1d.; and 1 ladder, 1l.; the goods of Thomas Cubitt: and I saw, 1s.; 1 hammer, 6s.; 2 centre-bits, 6d.; 2 gimlets, 6d.; 1 pencil, 1d.; 1 bradawl, 1d.; and 1 chalk-line, 4d.; the goods of Edward Morrisson.
MR. DOANE conducted like Prosecution.
EDWARD MORRISSON . I am in the service of Mr. Cubitt On this day week I was employed in making some stables at the bade of No. 69, Eaton-place—the stables come into Lyall's mews, South, and opposite them are the stables of Colonel Vernon, who is in Ireland, and has got his coachman with him—I have seen all the prisoners at Colonel Vernon's stable—they all lived in the room over his stable—at half-past four o'clock this day week, I left the property safe at the stable where I was at work—when I went on Monday morning, I found it was gone from more than one yard, and the tools were taken from the loft over the stables—no one could get to the loft without a ladder—in consequence of suspicion, I at once went over to Colonel Vernon's stable on Monday morning—I knocked three times distinctly—I heard some one in the stable—they did not answer me, bat ran up stairs—I then saw Bryan Stewart look out at the window—I asked him to allow me to come into the stable to measure the size of the harness-room—he made no answer, but went back, and in a minute or two Milton came to the window—I asked her to let me in by the Colonel's orders to measure the size of the harness, room, as we were fitting a harness-room up at another place—she seemed very confused, and said she could not let me in, she had not the key, that her daughter went out to work in the morning, and took the key with her—I waited a few minutes, and kept watch—I then saw Bryan Stewart open the stable-door, peep out several times, and then shut it again—he could see me, and when he saw me he closed the door, and disappeared—I waited some time, made a communication to my employer, and went before the Justice—I obtained the assistance of Thompson, and accompanied him to the stable where the prisoners lived—be knocked at the door—Milton looked out of the window from above Thompson asked her to let him in—she refused—he asked a second time—she still refused, and I think she said he most wait till the family was in town he told her if she did not come down and let him in, he most break the door open, but if she would come down he would read the warrant to her—she then came down, and opened the door—we first went into the stable, and found this flush boarding and floor boarding at the further end of the stable—this is heavy—on looking into the manger we found two dosen bolts, and a quantity of nails—there was a box which is used as a corn-bin—it was locked up—we asked Milton if she had got the key—a he said no she had not—we broke it open, and it contained my saw, hammer, two centre-bits, a gimlet, a bradawl, and a chalk-line—I had left them safe on Saturday night—we then went up stairs to the loft, and immediately on getting up there, we found a board which I identified as Mr. Cubitt's—it was just pot up temporarily, and some saucepans on it—we then went to the cock-loft, and there found a cart load of stuff which was my master's—amongst it was this log which has Mr. Cubitt's name branded on it—we found this ladder, which is Mr. Cubitt's—this would help them very materially to get into the loft, and to get the property which I missed—here is a van-load of property here. Cross-examined b y MR. BALLANTINE. Q. There stables are in a mews, are
they not? A. Yes—I worked in Colonel Vernon's stables three years ago—I saw Milton and Bryan Stewart in the loft of Colonel Vernon's stable the same morning that I found the property—Sarah Stewart lives with Colonel Vernon's coachman—I do not know whether she is married.
COURT. Q. What is Mr. Cubitt's name? A. Thomas—the place where this property was, is in sight of the stable I was working at—it is opposite, ten or twelve yards off,
WILLIAM THOMPSON (police-sergeant B 7.) I accompanied Mr. Morrisson to the stable, and found the property as he has mentioned—Sarah Stewart was not on the premises when I arrived, but she came afterwards—I asked her how all that property came on her premises—she said she did not know—I took her and Milton into custody—I found the board which was used as a shelf with the pans and pots on it—Bryan Stewart and Walter Stewart were brought to the station—I found on Walter Stewart this key, which fitted the box on the premises.
MILTON— GUILTY .— Confined One Year.
B. STEWART— GUILTY. Recommended to mercy. — W. STEWART— GUILTY [Recommended to mercy: See original trial image.] . Aged 13.) Confined One Month, and Whipped. S. STEWART— NOT GUILTY .
221. BENJAMIN SHAW and WILLIAM MARTIN were indicted for stealing, on the 17th of Nov., 1 cask, value 2s.; and 275lbs. weight of pork, value 5l.; the goods of William Chidley; and that Shaw bad been before convicted of felony; to which '
SHAW pleaded GUILTY. .— Transported for Seven Years
EDWARD HENRY GWYNNE . I am shopman to Mr. Hubbard, a cheesemonger in White chapel. On the 17th of Nov. I saw Shaw at Mr. Chidley's shop, at the corner of Court-street—I heard a whistle, and a cry of "All right"—I then saw another person, who is not here, roll a cask of pork away.
WILLIAM CHRISTMAS . I am in the service of Mr. William Chidley. I saw Shaw with the cask which was ray master's, trying to get it through the posts—another man was helping him—Shaw was taken, and a great straggle ensued.
WILLIAM COOPER . I am errand-boy to Mr. Chidley. I saw Martin walking backwards and forwards by our shop a little before eight o'clock on the 17th of Nov., in company with Shaw—the pork was stolen about ten minutes afterwards.
Marin. Q. Did you see me along with a woman? A. Yes.
JOHN FRESHWATER (police-constable K 146.) Between seven and eight o'clock that evening I watched the prisoners and another—they were within three or four doors of the prosecutor's shop—I was sent away, and left them there—I then heard of this robbery, I went to the Queen's Head, and found Martin. MARTIN— NOT GUILTY
222. JOSEPH PANTREY was indicted for stealing, on the 8tb of Nov., 4 bottles, value 1s.; 2 quarts of wine, 5s.; 1 quire of paper, 5d.; 12 pens, 3d.; and 1 memorandum-book, 1d.; the goods of Charles Pantrey; and EDWARD GRIGG , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which
PANTREY pleaded GUILTY. Aged 14.— Judgment Respited.
CHARLES PANTREY . I am a grocer, and live in Conduit-street, Paddington—Pantrey is my son. On the 8th of Nov. I left him in care of my shop for about five minutes—I missed four bottles, two quarts of wine, a quire of paper, and a memorandum-book—these are the articles now produced—I saw Grigg in company with my son on the 13th of November—I went to Grigg's place, at No. 27, Wharf-road, and there I found these articles—there are labels on these bottles, but I have seen labels to others, and will not swear to them—I think these pens are mine, but as to the other things, I should be very loath to swear to them—I bought this wine of Mr. Walker, in Farringdon-street.
Cross-examined by MR. CLARKSON. Q. Pantrey is your son by a former wife? A. Yes, I have been married five years to my present wife—I keep a grocer's shop—I went into the country on the 1st of Nov., and remained till the 10th—I left the prisoner in charge of my shop to buy and sell in my absence—I have never beaten him very much—he has run away from me several times—I do not present him to the Jury as an incorrigible boy—my wife is very ill in the country—I was compelled to leave him in my shop to do as he lied—there is no mark on this paper—I really do not know when I had these pens or paper safe—I thought I bad lost wine, but I have since found some exactly of the same kind—before the Magistrate I swore to this wine, but I cannot now conscientiously swear to it—Grigg's father lives next to me—he himself lodges at North-road-wharf—I will not swear that any one of these articles ever was mine.
GRIGG— NOT GUILTY .
Fifth Jury, before Edward Bullock, Esq.
CATHARINE COX . I am the wife of William Henry Cox, a shoemaker. About one o'clock in the afternoon, of the 28th of Nov., the prisoner came for a strong pair of boots—while I fitted the boots on, I felt her hand in my pocket—I was kneeling on ray right knee, and her foot was on my left knee—she said the boots did not fit her—I got up to get another pair, and while doing to I put my hand into my pocket, and found my silver, which was loose In my pocket, was all safe—I did not think of my purse at that time—I got her another pair of boots, which she said she would take, and I must put some brads into them, and send them to No. 11, Banner-street, at five o'clock—when she was gone I missed my purse from my pocket—it contained some memorandums—I then went to No. 11, Banner-street, and no such person was known there—I went home, and the young man at the next house gave gave me information—I went to his shop, and the prisoner was then fitting on some boots or shoes—I waited till she came out, and said to her, "The boots you ordered at my shop are now ready, will you come in and take them?"—she seemed very much confused—as soon as I got her to my shop, I said, "You have taken my purse"—she immediately threw her shawl off, and with it threw the purse—she said I might search her, and said, "There is your purse," pointing on the floor to where it was—I gave it to the policeman—it had not been on the floor before I took her back to my shop, I am certain, as we had searched the floor—this is my purse.
Prisoner. When I came back 1s. stood as far from you as I am now. Witness. No, you did not.
shop, I saw the purse, or something, pass me, and I saw the purse directly under the chair—Mrs. Cox picked it up immediately.
Prisoner. Q. Did I not stand against the door? A. You were against the wainscot.
JAMES FRY (police-constable G 83.) I was called in, and saw the prisoner just within the door—she threw her shawl on the end of the counter, immediately pointed to the floor, and said, "There is a purse under the chair"—Mrs. Cox picked it up, and gave it to me—I did not see the purse fall.
GUILTY .* Aged 21.— Confined Six Months.
DAVID MAHONEY . I am a civil engineer, on board the Jupiter steam-boat. On the 24th of Sept I gave the prisoner six wooden bowls, to take on shore to the Cock and Lion, and leave them there for me—I went the same evening, and saw them there—I went to look for them on the Tuesday morning, and they were gone—I then went and found the prisoner at the Black Boy, the next public-house—I asked where the bowls were—he said he had them—I said I would have them directly, as I was going to Bristol the same day—I hurried him to let me have them—he said I should have them if I waited till he had had his breakfast, which I did—I then said, "Ben, if you have sold them, or got rid of them, tell me, and I will release them"—he said he had sold them for 12s., but he would not tell me who had them—I went to Bristol that day—I did not see any more of him till the day before yesterday—I have never seen my bowls.
Cross-examined by MR. BALLANTINE. Q. Before he said he had sold these bowls did you tell him you would forgive him, if he told you where they were? A. No—my intention was to forgive him, if I got them back.
RICHARD MAHONT . I am a Thames police-constable. I saw the prisoner rowing up in a boat—I called, "Ben"—he saw me, and rowed on shore—I said, "I suppose you know what I have come for;" he said, "I suppose about these bowls"—he said he was very willing to make recompense to the prosecutor—I said the case was gone too far, I must take him before the Magistrate.
GREGORIO GREGO . I keep a toy-shop, near the London Docks—the prisoner brought me some bowls to sell—I asked whether they belonged to him—he said yes, he got them on board the Jupiter—he asked 16s.—I said it was too much—I offered 12s.—he said he could not take that—I gave him 13s. NOT GUILTY .
ADAM HAGEMAIR . I live in Princes-street, St. George's, and am a baker of ship-biscuits. On the afternoon of the 21st of Nov. I sent 14cwt. of biscuits, six bushels of peas, and a sack of barley, to the ship Harpy, which laid in a dry dock at Mill-wall—the peas were sent on a truck by a lad—the sack now produced is mine, and this bushel of peas in it, are the same sort as I sent.
JAMES CLARK . My master was employed to take the peas and barley in sacks from Mr. Headgear's—I took some on a truck—I was going down to Lime house—I was passing Mr. Taylor's, a brewer, in Ropewalker-fields—the wheel of my truck came off, and it broke down—there were some other lads who had gone on with trucks—I left my truck, and went after them—I was
gone about a quarter of an hour—I left a tack with snow peas in it in my track—when I came back they were gone.
HENRY HUTTON (police-constable K 60.) I was on duty in Ropemaker's-fields, and saw the truck broken down near Taylor's brew house—I watched it, and saw the prisoner hanging about the place for some time—I then saw him take the sack, put it on his shoulder, and go down Church-row to Hopelane, which is a very dark place—I tapped him on the shoulder, and asked what he was going to do with the peas—he said, "A man has had an accident, and broken down his truck; he gave me 1s. to carry these peas up here"—I took him back—there was no man there, and I took him to the station.
Prisoner's Defence. A truck was broken down, and a man said. "Do you want a job? I will give you 1s. to help me up with these peas;" I earned a sack up the street, put them down, and was coming back for some more; the policeman stopped me, and said, "Where have you taken these peas?" "Down here," says I, "a man who is down by the truck told me to take them;" the officer asked how the man was dressed; I said, "As near as I could see in the dark, he was dressed in a smock-frock; he said he saw a man lift a sack after I went away.
GUILTY . Aged 20.— Confined Six Months.
EMMA DODSLEY . I am the wife of John Henry Dodsley, a tobacconist. On the 22nd of Nov., between three and four o'clock in the afternoon, the prisoner and another, older than him, came into the shop—the prisoner came just inside the door, near the window—his companion asked for some tobacco—I was going to serve it him, but he said it would not do, and they left together—while I was going to serve the other I heard some paper rustle in the window, near where the prisoner was, and after they left I missed the bundle of cigars now produced from the window—I sent after the prisoner—he came back—he denied it—I told him, if he would give them up, he should go—he did so—some neighbour fetched a constable, who took him and the cigars.
Prisoner. Q. Did I take them? A. I do not know who took them.
Prisoner's Defence. I saw the cigars on the pavement; she said she would let me go; I was frightened, and gave them to her.
GUILTY . Aged 17.— Confined Ten Days, and Whipped.
WILLIAM HAYWARD ROBINSON . I am an apothecary, and live at Chelsea. The pestle and mortar produced are mine—I saw them safe on the counter in my shop, on the 18th of Nov., when I went out about nine o'clock in the morning—I missed them when I returned in the evening.
ROBERT BONNEY . I saw the prisoner, on the 18th of Nov., come out of the prosecutor's shop with the pestle and mortar in his hand—he gave it to another man outside, they both ran—I pursued—the other man threw them into the sewer—the constable took the prisoner.
Prisoner. Q. When you say you saw me coming out of the shop,
where were you? A. Close to you, outside—I did not say you were not the party.
ANTHONY JOHNSON . I am a policeman. On the morning of the 18th of Nov. I saw the prisoner crouched in a doorway in Lower-street, Chelsea—I went and spoke to him—he told me a boy had stolen something—I did not like his appearance, and took him on suspicion—I saw another man running with a pestle and mortar in his hand—he threw them into the common-sewer—a boy got them out—these are them.
Prisoner. Q. When I went and knocked at the door, was there not a woman opened it? A. No; I opened the door—no one could have seen you till they came to you.
Prisoner's Defence. I was coming along Lower Sloane-street, and saw a man by a bacon-shop; I thought he had stolen a piece of bacon; he ran away; I ran, went down the steps, and knocked at the door—the constable was going to let me go, till he had some conversation with the witness.
GUILTY . Aged 20.— Confined Six Months.
WILLIAM SUMNER . I am in the service of William Hindley, cheesemonger, Gray's-inn-lane. On the 19th of Nov. I saw the prisoner outside the shop—there was a stall-board inside the window, which was open—I saw the prisoner take a piece of bacon up, look at it, and walk away with it—I went out, brought her back with it, and gave her into custody—this is. the bacon—it is my master's.
Prisoner. My husband had 12l. in the Savings' Bank—he drew it out, and stopped out three nights drinking—I was a whole fortnight looking for him—some persons gave me drink, I went on to Gray's-inn-lane, and a woman said, "Mrs. Cameron, there is a bit of bacon for you"—I knew nothing more till I was in the station next morning.
GUILTY. Aged 29.—Recommended to mercy. — Confined One Month.
WILLIAM SMITH . I am journeyman to Hugh Pool and another, timber-merchants, Bethnall-green-road. On the 30th of Nov. my master made some inquiries, in consequence of which I went into the Hackney-road, and saw the prisoner carrying fourteen mahogany boards on his shoulder—I went after him—he crossed the Hackney-road, went to Cambridge-street, and at the corner of Little Cambridge-street put the boards down against the house—he came to the corner of the street, and looked round—directly he saw me he ran away, and left the boards—I followed, and called to a man to stop him, which he did—I took and brought him to where the boards were—he said a man employed him to take the boards and carry them from Hackney-road to Kingsland-road—these are the boards—they are my master's.
JOHN HOOPER . I live with my father-in-law. About eleven o'clock I saw the prisoner come out of Mr. Pool's timber-yard, carrying some boards like these—he went up to the top of the street—Mr. Pool came to the door, and I told him which way the prisoner went.
Prisoner's Defence. A young man employed me to go with him to the timber-yard; he went in, and brought these out; I war to carry them, and have 6d. for them.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Four Months.
SARAH HARGRAVE . I am a widow, and live at Kingsland-green. I know the prisoner by sight—on the 18th of Nov., about eleven o'clock, I went into the Nag's Head, Tot hill-street—the prisoner was there—I staid there about an hour—when I came out, he followed me—he came behind me, and snatched my shawl off—I can swear it was him—there was no one else near me, and I saw him with my shawl about half a minute after—he ran away with it, and was out of sight before I could get a policeman—I saw him again at the same house—I said he was the man I wanted to see—he said what did I want him for—I said, "Will you give me the ticket of my shawl, and I will get it out myself, if not I will go against you?"—he said he did not know me, and then he said, "If you don't transport me I will go and get you your shawl"—he attempted to run away again—at the station he said lie would give me a sovereign if I would not go against him—I have not found my shawl.
Prisoner. Q. Had you not been drinking the whole of the night before with a parcel of men? A. No.
JURY. Q. How much had you been drinking all the day? A. I had two or three pints of porter and a quartern of gin, but there were five or six to drink it—I had not been drinking with the prisoner.
Prisoner. Q. Did 1 attempt to run away from you? A. I did not see you run—there were several about there—he said he slept at his mother's on the night of the robbery—I went to his mother's, and she had not seen him for three weeks.
SARAH EDINSHAW . On Thursday I was drinking with the prosecutor from four o'clock in the morning—I had her shawl, and delivered it to her that night—she was very tipsy—I wanted her to leave her shawl—she would not—the next day she sent for the shawl that she had left at Mr. Priest's, bat she had not left one—she said I had got the shawl, because I had had it in the afternoon.
Prisoner's Defence. This woman some time back kept a house of ill-fame, and had a man up for a similar case to this; she leaves her shawl, or anything, for money to get more drink.
NOT GUILTY ,
MARY ANN LEWIS . I live with my aunt, Mary Ann Brown, in North-street, Pentonville—I go to school at Mr. Hart's, in Gee-street After I had been to school, on the 28th of Nov., I went out in my bonnet, and left my cloak hanging in Mr. Hart's house—about half-an-hour after I saw the cloak in the policeman's hands—this is it.
one o'clock, on the 28th of Nov., I was in Gee-street—I saw the prisoner and two others standing opposite Mr. Hart's—I saw a short man, who escaped, go into the yard—the prisoner then entered the door of the house, and came out with something in his apron—I sent a boy to inquire what was taken—the prisoner saw that, and ran—I pursued him—he ran into a court, and threw off his apron, with the cloak in it—I called to a boy to pick it up, and follow me—he did so—they went to Clarendon-square—the short man turned to the left, and the prisoner to the right—a policeman met him—he then went to the fence—I went to catch him, he struck at me, and jumped over the wall—I followed, and saw him taken—this is the cloak and apron.
Cross-examined by MR. PAYNE. Q. You lost sight of him, did not you? A. Yes, for about ten minutes—I had never seen him before—I can positively swear to him.
GABRIEL PATCHING . I am a tailor, and live in Upper Seymour-street, St. Pancras. I saw Hughes running after the prisoner, about half-past one o'clock, on the 28th of Nov.—I pursued—he ran towards the railway entrance—he cleared the boards and wall—Hughes tried to catch him—I scaled the wall, and pursued—I remained at the house where he went in till the policeman had searched the next house—I am quite sure he is the man.
Cross-examined. Q. Where were you standing when you saw him? A. In my own shop—I was close to him when he scaled the wall.
JOSEPH LOCKLEY (police-constable G 180.) About a quarter to two o'clock in the afternoon of the 28th I went into No. 41, Seymour-street, and I found the prisoner concealed behind the door in the second-floor back room—I asked hot he came there—he said, "You see I am here"—I said he was my prisoner on suspicion of stealing a cloak—he made no answer—in going down stairs some of the inmates asked how he came there—he said, "As other persons did, to search for the party."
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Four Months.
232. MARY LYNCH was indicted for stealing, on the 25th of Nov., 2 shawls, value 24s.; 1 scarf, 1s.; 1 pair of stays, 2s.; 1 petticoat, 5s.; 1 pair of boots, 4s.; 1/2 lb. weight of tea, 2s. 6d.; 1 shilling, 12 pence, 24 halfpence, and 12 farthings; the property of Sarah Chandler: and that she bad been before convicted of felony.
SARAH CHANDLER . I am single, and am a laundress, living in Steven-street, Tottenbam-court-road. On the 25th of Nov. the prisoner came to the street door for a lodging—she said she was a servant out of place—I took her in, and asked for a reference—she mentioned all the trades people round about—she staid from Monday evening till Friday morning—she slept with me—on that morning she got up first, and was about the room for half-an-hour—I then saw her going out of the door with a bundle under her cloak—I asked where she was going—she said she should be back again—after she was gone I missed my black scarf which had been on the chair the evening before—I did not find her—I went back to my house, and missed the other articles, and all the money out of the child's money-box—the next morning I got a duplicate of the black scarf and the shawl—the prisoner was brought to the station on Saturday, with my flannel petticoat on, and my boots—she begged me not to appear against her, and she would give up my things.
I produce a pair of stays pledged in the name of Ann Thorp, on the 25th of Nov.—I gave a ticket to the person.
GEORGE JOHN RESTIEAUX . I am a policeman. On Saturday night, in consequence of information, I went to Monmouth-street—I saw the prisoner going into a public-house, and took her—I told her it was for robbing a woman in Steven-street—she said she should have the things back again on Monday morning—she said the plaid shawl and the boots were at her lodgings, No. 34, Monmouth-street, she had pawned the stays in Frith-street, Soho—I went there, and there was no pawnbroker's, but I found them in Greek-street—I went to her lodging, and found in a basket some black tea, a handkerchief, a plaid shawl, and a pair of boots.
HONORA CONNELL . I am a widow, and live in George-street, St. Giles's. On Saturday I searched the prisoner at the station, and found 14s. 6d. in money, a flannel petticoat, and a duplicate for a pair of stays—I found the boots on her—she said the petticoat was hers—I asked her if she had any thing else belonging to the prosecutor—she said she had not.
GUILTY . Aged 22.— Transported for Seven Years.
JOHN FLOWS . I am a marine-store dealer, in High-street, Shad well. The prisoner had been to my shop to sell things—a little after six o'clock, on the 29th of'Nov., some one gave me information, and I missed a Guernsey bag, made of sugar bags, containing about 20lbs. of canvass rags—it was safe about three in the afternoon—the prisoner had been in my shop about eleven—he came again about seven for a pair of shoes he had left in the morning—I gave him in charge—this is the bag; and the rags.
HENRY HOLDFORTH . I live in Glazier's-court, White cross-street. I was sent in search of the prisoner—I went to Mr. Baldry's shop, in Fox-lane, and while I was there the prisoner came in—he had this bag on his head—I said, "This is the very thing I am looking for"—he said it was his own, and tried to get away—I took hold of him, a mob came round, and I was obliged to let him go.
WILLIAM BLOAG . I am a policeman. A little before eight o'clock that evening the prisoner was given into my custody by Mr. Lewis—he said he never stole the bag, nor the rags, but some boy gave him a halfpenny to sell them.
Prisoner's Defence. A young chap came up; he said, "Carry this for me, and I will give you a halfpenny."
CORNELIUS SULLIVAN . I am a mariner, and live in Shad well-market. The prisoner is my brother—I have to look after him the best way I can—last Tuesday evening, between five and six o'clock, when I had done work, I came in, and he was sitting by the fire with no boots on—I was asking him what had become of his boots—he said he was short in the morning, he had gone to this marine-store dealer's and pledged them for 2d.—I went with him to look after them—the prosecutor said they were backwards, and he took the boy and locked him in the kitchen, sent for a policeman, and during that time the witness came in with the bag, and they gave him in charge—I do not know how he came to want 2d. there was breakfast in the house for him to have.
(The prisoner received a good character.)
GUILTY. Aged 14.—Recommended to mercy. — Confined Ten Days, and Whipped.
Fifth Jury, before Mr. Common Sergeant.
234. THOMAS DAVIS was indicted for stealing, on the 28th of Sept., 1 looking-glass and frame, value 5l., the goods of George Rogers and another; and EDWARD WADDILOVE , for inciting, moving, procuring, counselling, and commanding the said Thomas Davis to commit the said felony.—3rd COUNT, for harbouring and maintaining the said Thomas Davis.
MESSRS. CLARKSON and BODKIN conducted the Prosecution,
JOSEPH KIBBLEWHITE . I live in New Church-street, Padding ton. In Sept. last I was employed as agent to let a house at No. 45, Bedford-place, near Bayswater—Davis saw me on the subject in the early part of Sept.—I let him the house by the year—the rent was 36l. a year, to commence on the 29th of Sept.—I had a man near the spot, who had the key, and who gave it to him—he described himself as an artist, and referred me to Mr. Hubbert, No. 12, George-yard—I went there, and saw a person who called himself Hubbert.
WILLIAM DEAR . I am an upholsterer, and carry on business with George Rogers, in St. George's-place, Hyde-park. On the 19th of Sept. Davis ordered some goods to be sent to No. 45, Bedford-place—he gave me his card, and said he had taken the house on a five years' lease; his wife was in York-shire; but in the course of a week he would bring her to select some more goods—in consequence of what he said, I sent some carpets into the house on the 22nd, and on the 28th I sent a glass there by Triphook, in consequence of a message brought to me by Sharman—it was a stock glass, used as a patten—it was only to show the style of it—there was no price or bill of parcels sent—I saw it next on the 5th of Oct., at Mr. King's, in Holborn—I got the duplicate from a woman, who went by the name of Waddilove, at No. 1, Chapel-place, Borough—it was a very small house, one story above and one below, a very different house to that in Bedford-place—I went there on Tuesday, the 5th of Oct.—this is my glass.
JOHN SHARMAN . I am in the service of Rogers and Dear. On the 27th of Sept. I received directions from my master to go to No. 45, Bedford-place—it was a respectable-looking house—I saw a servant, called William—after that I was putting down some carpets, and Davis desired me to measure the chimney-piece, to have a glass put in hand for it—I measured it, and brought the order home for it—my master had not a glass of the size ordered—I went next day to complete the laying down of the carpets—I saw Davis there, Waddilove, William, and a female called Mary—William invited me down stairs to take something—when I got to the kitchen I found Mary and Waddi-love—Waddilove said he had come to invite Mary, his sister-in-law, to a christening—Mary said she could not go, she expected her young mistress home from Yorkshire, but they could come to her on Sunday, and if her mistress had not come home, they could come into the house, and spend the evening there—William said his master had just married a young lady, worth 5000l.—I cannot say whether Waddilove heard it, but he was there—he was tipsy at the time—William said there would be furniture wanted for the drawing-room—in consequence of what passed, I desired to know from Davis, through William, whether it would be desirable to look at a pattern glass—he appeared to go up, and come down—he said Mr. Davis would wait at home till half-past nine o'clock to-morrow morning—Davis then had a fine head of black hair—whether it was a wig or not I cannot say—it appeared to be kept in very good order.
RICHARD WILLIAM TRIPHOOK . I am in the employ of Rogers and Dear. On the morning of the 28th of Sept. I was sent with this chimney-glass to No. 45, Bedford-place—I asked for Mr. Davis—I saw William—they said Davis was at home—I took the glass in, and asked for Mr. Davis—William said he was not at home—I left the glass for him to see—I said I would send up the next day—I was asked to take a glass of ale, but declined it.
JOHN CLARIDGE . I am in the service of Mr. King, a pawnbroker, in High-Holborn. On the 30th of Sept. I took this glass in pledge, for three guineas, in the name of "John Jones, housekeeper, 10, Shoe-lane"—I believe Davis is the man who brought it, but he is so much altered in appearance, I should not like to swear to him—he had black hair at that time—this is the duplicate I gave. GEORGE ROGERS. I am in partnership with Mr. Dear—we are upholsterers. We received an order from Davis—on the 30th of Sept. I went to No. 45, Bedford-place—the house was shut—I could not get in—there was a bill up to let it, and it appeared to me to be empty—on the 4th of Oct. I went with a policeman to a small house in Chapel-place, Borough, with two rooms, nothing like the house in Bedford-place—I knocked at the door, and Waddilove appeared—I said, "I believe Mr. Davis is here; I want to see him on a charge of taking a looking-glass of mine"—Waddilove said, "He is not here, and you shan't come in"—I put one foot in the door to prevent its being shut—he tried to shut me in between the door and door-post, but, with the assistance of a policeman, I forced myself in—I said I would search the house for Davis, as I believed him to be there—Waddilove said, "By God, nobody shall go up stairs"—we had a very severe scuffle together—he tried to get me by* the throat—I forced his hand from there—he seized my coat, tore it, struck me on my breast, and broke my watch glass—I forced my way from him, got up stairs, and saw Davis—I called to the officer that Davit was there, and begged him to come and take him—Waddilove had the tongs in his hand, trying to strike the policemen with them, and they were holding him at the time—he said, "Davis is my master, I will protect him to the last moment of my existence"—he said he had never been to No. 45, Bedford-place, Bays water, and did not know where it was—I saw Mrs. Waddilove there—I saw Davis pass something small over to her.
Cross-examined by MR. DOANE. Q. You sent some carpets on the 27th? A. Yes—I never got them again, nor the money for them—I said, when I took him, it was for swindling us of carpets and a glass.
JAMES HARRISON (police-constable M 195.) I accompanied Mr. Rogers to Chapel-place, which is a narrow turning out of Suffolk-street—Mr. Rogers knocked at the door—Waddilove opened it—he said Davis was not there, neither should we come in there—a scuffle then took place between Rogers and Waddilove—Rogers was thrown down on his back in the room—he got away, and got up stairs.
DAVIS— GUILTY . Aged 34.— Transported for Seven Years.
WADDILOVE— GUILTY. Aged 33,—GUILTY on the 3rd Count — Confined Two Years.
morning to sell their flowers—sometimes I have had twenty or fifty in a morning—I select what I want, and pay for them on Saturday—on the 24th of Oct, there were some pieces of ribbon which had been remitted from the country—this is one—(looking at it)—it has not been blocked—it was lying on my counter, for the inspection of my customers—it is 9d. a-yard—the pattern is now inside—before they are sold it is the practice to block them, and place the pattern outside—the prisoner would have to pass the counter where these ribbons were—none of these ribbons had been sold from my premises unblocked—they were manufactured for me by my nephew—I gave the prisoner in custody on the 23rd of Nov.—he had been on my premises between the 23rd of Oct. and the 11th of Nov.
Cross-examined by MR. BALLANTINE. Q. Can you tell the number of yards in it, from looking at it? A. No—I have missed ribbons, but not this identical piece—this is my nephew's own pattern, made exclusively for me.
WILLIAM ACKLAND . I live in Phoenix-street, Somers-town—my wife keeps a haberdasher's shop—up to the 23rd of Nov. I had been living as assistant to Mr. Fox well, a haberdasher, in Judd-street—the prisoner used to come there to sell artificial flowers—about a month before he was taken he offered me this piece of ribbon for sale—I purchased it of him—he told me he took it in exchange for flowers of his brother, who lived in Chiswell-street—I said I did not want it—he said he would sell it to me cheap—I asked the price of it—he said 6 1/2 d. or 7d.—I cannot say which—I ultimately bought it at 5d. a-yard—there were sixteen yards, for which I paid him 6s. 8d.—it was the same as it is now, unblocked, and the wrong side outwards—I afterwards offered the same ribbon for sale to Mr. Lawrence.
Cross-examined. Q. Do you mean you were unable to judge of the value? A. No—I have bought ribbons at warehouses for 4d. a-yard, and they were worth 1s—I did not entertain any suspicion—I have been dismissed from my situation in consequence of this.
MR. CLARKSON. Q. Did you ever raise a word about the prisoner getting it from his brother-in-law till this time, or is it since you have been discharged that you have thought of that? A. No—I gave the same deposition before the Magistrate—when we buy ribbons at 4d. which cost 9d., it is what we call job goods—this is not a new style of ribbon.
JOHN LAWRENCE . I live in Chapel-street, Somers-town. On Wednesday, the 16th of Nov., Ackland came to me and brought this ribbon—he left it for 9s. 6d.—I went to Mr. Gouger's warehouse, and saw the same pattern—I said I had got half a piece, and gave it up.
JAMES ALLEN (police-constable E 159.) I took the prisoner on the 23rd of Nov.—I was present at his examination before Mr. Greenwood, on this charge—I heard him asked what he had to say, and saw the clerk write it down, and the Magistrate sign it—(read)—"The prisoner says," I have nothing to say but what I said before, which I wish to say again; I received the ribbon from a person named Thompson, at a public-house in Westmore-land-buildings, in exchange for flowers, two dozen and four bunches; be gave me the ribbons and 10s.; there were several flower-makers whom I knew there in company; it was this day month, four weeks to-day; Thompson said he wanted my goods to go into the country; I cannot say whether Miles was present; he has been there generally these last two months on a Saturday; I did not tell Ackland I bought the ribbon of my brother; I said be was in the ribbon trade, and he told me the value of the ribbon; I expect, on the trial, to get parties who saw me take the ribbon in exchange for flowers. The prisoner called
MILES. I am an artificial flower-maker—I know the prisoner—
I was not present at any place where he purchased ribbon of this kind—I have been in this public-house in Westmoreland-buildings, Alders gate-street—I was not there when the prisoner bought any goods of Thompson.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined Six Months.
WILLIAM LEECH . I am cashier to Alexander Hatfield and Co., who carry on the business of Taddy and others, in the Minories—a person who I believe to be the prisoner called on me, and produced this card—(looking at it)—from receiving it, I believed he was carrying on business under the firm of Lee and Gold, in Cooper'8-row, it being in the neighbourhood of many respectable wine merchants—he ordered some cheroots and cigars about the 5th of Oct. he was supplied—the prisoner afterwards came and paid for them—on the 15th of Oct., be called as the representative still of Lee and Gold—he said he had just received an order for wine for the country by the post, and wanted 20lbs. weight of cheroots, and 7lbs. of tobacco—I said, "7lbs. is a quantity we cannot send out; I suppose you want it for a sample"—he said, "Yes, I do"—we were busy that evening, and did not send them—about eleven o'clock the next day the prisoner came again, and said, "You did not send those goods I ordered, but I made a mistake; it is not 7lbs., it is 14lbs. of tobacco; I will take it with me, the cheroots will do in two hours"—one of the men gave him the tobacco in my presence, believing it was for Lee and Gold, wine-merchants, Cooper row, Tower-hill—the 20lbs. of cheroots were sent, by my direction, about two hours after, with a written request that they should be paid for, having no account—in consequence of something I heard afterwards, I went to the place about twenty minutes past one o'clock—I found the 20lbs. of cheroots in the hands of a broker—the prisoner had come, on sundry occasions, as from Lee and Gold—on the 15th he came, to my certain knowdge—he said he wanted 20lbs. of cheroots for Lee and Gold—he did not say" wine-merchants"—he said the goods were to be sent to No. 14, Cooper's-row, the same as the sample—I paid the broker 5l. 4s. for the cheroots—I believed that Lee and Gold lived in Cooper's-row—I only knew they lived there merely from the representation they had given with the card—I connected the prisoner with the card by his saying he wanted those cheroots and tobacco for Lee and Gold, to inclose with wine to be sent that night,
JOHN HOLLAND . I am a porter, in the service of Messrs. Hatfield and Co.—I was desired to take 20lbs. of cheroots to Lee and Gold, No. 14, Cooper's row, wine-merchants—I took them there—when I got there the counting-house was locked, and a paper in it, "Return on half on hour"—I did not find the prisoner there—I waited some time, and then a young man came—he said be bad just been and had some dinner—I showed him the goods—he said, You had no occasion to wait, you might have left them in the house"—I said, "I did not know that"—he went into the counting-house—I left the invoice—he read it, and said, "It is all right"—I said yet, but I wanted the money—he said, "Mr. Lee is out, but if you call at four o'clock he will be in, and very likely pay you"—I went again at a quarter past four, and found a broker in the house, and the cheroots in his possession.
WILLIAM CHILDS . I am a City police-constable. I attended with a broker, to distrain at No. 14, Cooper's row—there was no wine in the cellars, only two empty bottles, but I found a parcel of letters from where they had been writing, to all parts of the country—I found a packet of cheroots, which the broker immediately pounced upon—the prisoner came in about four o'clock—I showed him the packets of cheroots, and said. "What about these cheroots?"
—he said, "I know nothing at all about them"—he did not tell me he had ordered them of Taddy—I had seen him go to Mr. Taddy's in the morning, and bring the tobacco away—I said, "You must know something about these cheroots"—he said, "I know nothing about the cigars"—I said to the man, "Go and fetch Mr. Taddy down"—the prisoner said, "For God's sake, let me go"—the other person was present—he said, "I took the parcel, but Mr. Lee is there"—he was in the counting-house at the time—he had been there all day, and had heard the prisoner say that.
Prisoner. Q. Did I not offer Mr. Taddy's man to take them back? A. No—they were condemned.
JONATHAN BARBER . I am in the Excise. There is such a place as Cooper's-row—there are some wine-merchants there, licensed to carry on business—there are no such persons as Lee and Gold licensed to carry on business there.
Prisoner's Defence. All the goods I have had I have paid for generally, and have lost nearly 3000l. in business; I never was a bankrupt. I have always paid every body.
GUILTY of Conspiracy. Aged 39.— Confined One Year.
MR. BALLANTINE conducted the Prosecution.
FANNY CRAWFORD . I am in the employ of Victor Dumar, an importer and dealer in French shoes, in Regent-street. On the 23rd of Sept. a person named William Clark called, and asked me to show him some French goods—I asked if it was for wholesale or retail, he said wholesale that he was living at Epsom, and had a large shop there—he had dealt in English shoes, but his customers had wanted French goods, and he came in, seeing Mr. Dumar's name on the door—he said he should require 30l. or 40l. worth, as a sample of each sort—he said, "What are Mr. Dumar's terms?"—I said, "Ready money, with two and a half discount, or three months' credit; we must have a reference, if we give credit"—he said, "I can give you a very good reference, one that I am sure you will be satisfied with"—he then handed me a bill, with "Thomas Hamer, 20, Bread-street-hill" on it—he requested that Mr. Durnar would go on the following morning, before eleven o'clock, for the reference, as Mr. Hamer was then most likely to be in the way—on the next day I went to No. 20, Bread-street-hill—I asked for Mr. Hamer, and the prisoner Morris said, "I am Mr. Hamer"—I saw the name of Thomas Hamer on the side of the door—I said Mr. William Clark, of Epsom, had referred Mr. Dumar to him, as to his capability of paying for goods—he said, "Yes, I know Mr. Clark very well indeed"—he said that he had served him with goods ever since he had opened his shop, and had always found him very punctual in his payments, his bills were always taken np before they were due, at the end of six weeks or two months—he said, "What kind of goods are they?"—I said, "French boots and shoes"—he said, "Of course they are of the first quality; because I know that Clark's customers are all gentlefolks; there are a great many gentlemen's seats about Epsom, which of course you are aware of"—I asked if we could give credit with propriety—he said, "Certainly, without the slightest danger"—I said, "Has he been established long"—he said, "Somewhere about three years"—there was a counting-house and a warehouse—I did not look further—I thought, from the appearance, he was a very extensive merchant—when I went back, on the same day, Clark called again—he said, "Have you called on Mr. Hamer this morning?" I said, "Yes, I called on him, and Mr. Dunn was perfectly satisfied with the character he has given you"—before he went away he had eighteen pairs
of shoes—he said he was in want of them, as he had received an order, and on the Monday or Tuesday he called with a horse and cart, and took away the remainder, amounting to 37l. 11s. 6d.—I cautioned him about the danger of French goods being exposed to the weather—he said "Oh, I have provided against that, I have a very large glass case"—I said if not, they would be soiled—he promised to call in a week and pay 10l.—I have never seen the 10l.—I was present when he gave a bill for 27l. 11s. 6d.—I saw him write the bill—I believe. these papers to be his handwriting.
JOSEPH ELSWORTH PETCH . About the 21st of Oct. I saw a person who said his name was William Clark—he said he was residing at Epsom, and he wanted some boots—he referred me to Mr. Hamer, of Bread-street-hill—I went there, and saw Morris—he said, "My name is Hamer"—Clark had said he was about to open a shop, and Morris said he was about to supply him with 60l. worth of goods; he knew his family, and knew him to be a respectable man—I asked as to his honesty and Industry—he gave him a very excellent character—Clark obtained from me goods to the amount of 24l. odd—he paid me 5l—the term I bad proposed was half cash—he took away my goods in a cart on the 28th of Oct.—I have never seen him since—if the reference had not been satisfactory I certainly should not have parted with my goods—the premises of Hamer were well stocked with crates and other merchandise.
THOMAS FOOT PIPER . I am a stay-maker. On the 27th of Oct. William Clark came to me—he said be lived at Epsom, and wanted some goods—I required a reference—he gave me one to Thomas Hamer, Bread-street-hill—I sent my clerk there, and from his representation I ultimately parted with some goods—I have not seen Clark since.
JOHN KNIGHT . I am clerk to Mr. Piper. I went by his direction to No. 20, Bread-street-hill—I inquired for Mr. Hamer—Morris came forward and said his name was Hamer—I told him I came to inquire the character of W