CENTRAL CRIMINAL COURT.
SECOND SESSION, HELD DECEMBER 12TH, 1842.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, December 12th, 1842, and following Days.
Before the Right Honourable JOHN HUMPHERY, Esq., LORD MAYOR of the City of London; Sir Edward Hall Alderson, Knt., one of the Barons of Her Majesty's. Court of Exchequer; Sir John Gurney, Knt., one other of the Baron, of Her Majesty's Court of Exchequer; Sir Claudius Stephen Hunter, Bart.; Matthias Prime Lucas, Esq.; Sir Peter Laurie, Knt.; Charles Farebrother, Esq.; and Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: William Magnay, Esq.; Michael Gibbs., Esq.; and John Johnson, 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 Judge, of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
HUMPHERY, MAYOR. SECOND 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, December 12th, 1842.
First Jury, before Mr. Recorder.
MR. CLARKSON conducted the Prosecution.
WALTER COTTER . I am clerk of the judgments in the Court of Queen's Bench—I produce the book in which the entries of the judgments appear—there has been a judgment signed in the cause of Watts against Wittenbury, on the 27th of Aug. 1842; it was signed on a Judge's order and has since been struck out by a Judge's order—I have the order here—S. H. Williams appears to be the attorney.
Cross-examined by MR. HORRY. Q. That is merely a book in which you make memorandums of judgments? A. That is the only book in which judgments were entered at that time.
MR. CLARKSON. Q. Is that the proceeding upon which the plaintiff was at liberty to issue execution? A. Yes, certainly—after an order was made to erase it, it would be impossible to make out a judgment-roll.
SAMUEL GIBBS . I am one of Mr. Justice Cresswell's clerks—I produce an order of Lord Denman, in the cause of "Watts and Wittenbury"—it was ordered to be impounded by Mr. Justice Cresswell, before whom the case was heard on a motion to set aside the judgment—on hearing the proceedings he ordered the summonses, orders, and affidavits, to be impounded, which I produce.
(The documents being read, were as follows:—An order, dated 26th of Aug. 1842, stating, that upon hearing the attorneys or agents on both sides, and by consent, upon payment of 5l. due from the defendant to the plaintiff, together with 3l. agreed costs forthwith, all further proceedings should be stayed; that in case of default, the plaintiff should be at liberty to sign final judgment with all costs.—A summons of Mr. Justice Patteson, dated the 5th of Sept., 1842, for the plaintiff to attend chambers, to show cause why the judgment should not be set aside; the said order having been fraudulently obtained, &c. &c.—Also an order of Mr. Justice Cresswell, dated the 16th of Sept. 1842, (on hearing counsel for the plaintiff, and the attorney or agent for the defendant, and reading the affidavits,) directing the judgment to be set aside with costs; also the writ of capias issued on such judgment, and
that the sheriff pay back to the defendant 12l. 11s. levied under the said writ, and the plaintiff to pay the costs.")
MR. GIBBS. Among the affidavits impounded is one made by William James.
JOSEPH FREDERICK COLEMAN . I am one of the clerks of Mr. Justice Cresswell—I generally attend in the room with him—this affidavit was sworn before Mr. Justice Cresswell on the 13th of Sept.—I administered the oath—I will not undertake to say that I recollect the prisoner—I was in attendance on the hearing of the case—Mr. Justice Cresswell directed the order of Lord Denman's, which he set aside, to be impounded, it would otherwise have been in the hands of the plaintiff—the affidavits are filed as a matter of course.
Cross-examined. Q. You have no recollection of any of the parties who attended the summons? A. Yes—I do not know Mr. Williams the attorney, I saw his clerk—I cannot say whether I did or did not see the prisoner—I can only speak to two gentlemen, one of whom was very much pockmarked, and the other gentleman I see here now.
MR. CLARKSON. Q. Do not you recollect Mr. Horry attending for the plaintiff? A. Mr. Hony did attend during the vacation—I do not know whether it was in this case or not.
GODFREY FIRSBY (City police-inspector.) I have known the prisoner three years—he was in my division of the police about ten months—I have seen him write, and believe this affidavit to be his handwriting.
Cross-examined. Q. Where have you seen him write? A. In signing the pay-sheets, when I have paid him his salary—he signed two sheets a week—I paid him every other week—sometimes persons do receive money for other parties, but then they sign their own names, as receiving it for the person—I have seen him sign his name—that is my only meant of knowing his writing—I should say the signature to this affidavit was his.
The affidavit of the prisoner, which was dated the 13th of Sept., deposed that on the 26th of Aug. he accompanied Wittenbury, whom he knew, to the office of Samuel Hanson Williams, No. 5, Charlotte-place, Woolwich; and that he (the prisoner) delivered a summons to stay and pay forth with, when he saw Williams and hit clerk, which Mr. Williams agreed to, and indorsed on the summons, such consent accordingly, together with 3l. costs—that he (the prisoner) and Wittenbury went to London, drew up the order, and served the same at the office of Williams on his clerk on the same day—that Wittenbury, at the same time, expressed his gratitude that it was settled, and that the amount should be paid that night.
JAMES CALEB WITTENBURY . I am a builder, and live at Blackheath—I bought a horse of a person named Watts—I paid for it, but there was 5l. left to see whether the horse turned out right, and if it did, I was to pay it; but it turned out very bad indeed, and I never paid the 5l.—I was served with this copy of a writ of summons on the 16th of Aug.—I handed it next morning to my attorneys, Messrs. Forsyth and Rivolta, to defend the action—I ascertained from them, that by the practice of the Court of Queen's Bench no proceedings could be taken on that writ of summons until after the 24th of Oct.—I never heard one word either of or from the plaintiff or his attorney from the time I received the copy of the writ of summons until my person was taken in execution by Joshua Morris, the sheriff's officer—in order to prevent my being detained in prison, I paid the amount, 12l. 10s. to the officer, for which he afterwards brought me a receipt—next morning I instructed my attorneys to search the office, and ascertain how this had happened, and to take out summonses to set aside the judgment—I was present
at the hearing of the summons on the 16th of Sept. before Mr. Justice Cresewell—Mr. Horry appeared for Watts—the affidavits of Junes, Simmers, and Williams were read—I do not know whether there was say affidavit of Watts—I never saw the defendant until I saw him in this Court to-day—he never accompanied me on the 26th of last Aug., or at any other time, to the office of Mr. Samuel Hanson Williams—I never saw William to my knowledge—the prisoner never did, in my presence, or to my knowledge, either on the 26th of Aug., or on any other occasion, deliver any summons in the action of Watts and Wittenbury to Williams, to stay and pay forthwith, or my summons of any sort or kind whatever—this copy of the writ of summons is all I received—no such interview took place—Williams did not, in my presence, or to my knowledge, aft my request, of with my consent, agree and consent to any such summons in that or any other action, nor did Williams, to my knowledge, at hit office, or in my presence, indorse on the summons such consent—I never was at his office—I lever agreed to pay the amount of the debt and 3l. or any sum of money for costs in the action, I never accompanied the defendant, or went, out of his company, to London, and drew up any order in that action to stay and pay forth with or any other outer—I never went with or without the prisoner, nor did any person, to my knowledge, serve any order whatever at Williams's office, on his clerk, or any other person, either at has office or any other place, at that or any other time—I never, in the prisoner's presence or absence, expressed to Williams, his clerk, or any other person, my gratitude that the case was settled, or say that the amount should be paid that night—I never used any expressions to that effect, either there or anywhere else—Friday is the market-day at Chelmsford—in Aug. last I was engaged; in erecting a pump-room and other buildings for Mr. Forsyth, at Hockley, in Essex, which is thirty-six miles from White Chapel church—on Wednesday night, the 24th of Aug., I slept at the White Hart at Hawkwell, which is the adjoining parish to Hockley—I returned on Thursday night to sleep at the same place—on Friday morning, the 26th of Aug., I breakfasted at the White-hart, at Hawkwell, with Mr. Parr, the lands lord, and after breakfast I accompanied Mr. Parr in his cart to Chelmsford—we got there about twelve o'clock—we dined together at an eating house in Chelmsford about half-past one—after dinner we went into the market about buying some sheep—I left Chelmsford to come to Leaden shout half past four, by the coach that goes to the train—Mr. Parr accompanied me to the coach—we never parted company the whole day—I came by the coach to Brentford, and then by the railway—I got to London about half-past six—I have never had any communication whatever, either before or since my arrival in London, either with the prisoner, or Williams, or Simmers, his clerk.
Cross-examined. Q. I believe you have indicted Simmers? A. Yes, and Williams, separately, for perjury—I was present at the hearing of the summons, and saw you there—I do not know Williams—I saw a person who answered to the name of Simmers, sign his name on the back of the summons—I do not know hew many affidavits were sworn on my part—I only swore to my own—Mr. Eager, chief clerk to Messrs. Forsyth and Rivolta, was present, and he explained to the Judge—I cannot say whether an affidavit of sis was read—I do not know whether it was or not—I saw the Judge read mine—I saw my name on it—he looked at several affidavits besides mine, affidavits that you brought, I suppose—(On reference to the order, it appeared to be drawn up "on reading the affidavits of Wittenbury, Williams, Simmers, and the prisoner")—John Watts is the person who sued me, as I suppose—his name is on the copy of the writ of summons—I was taken in execution on Monday, the 29th of
August, and I immediately paid the sheriff's officer three 5l. notes—he did not have me in custody more than a quarter of an hour—I was taken at my own house, at Blackheath, sitting at tea with my family, and I went next morning, before ten o'clock, to Messrs. Forsyth and Rivolta—I intended to go before the Judge directly, with the clerk, and the matter was put off for a week, on a something about filing affidavits, at the request of the other side—I went into Essex on the Wednesday morning, by coach, from the Bull Inn, Aldgate—I have a very large job at Hockley, and generally go there once week—the job has been in progress about three months and a fortnight from the present time—I have been there several times since the 26th of August, but not so often lately, because the job is drawing to a close—I went frequently before the 26th—I did not always go on one particular day in the week—it depended on what business I had there, whether my employers, the architect, or the foreman of the works, wanted me there—I always slept at home when I was not on that job, that being the only country one I had then—I went there on the Wednesday in question, in consequence of a letter I received from the architect, Mr. Lockie, of No. 19, Southampton-street, Fitzroy-square, to meet him there—I have the letter at home in my iron chest—I saw it yesterday—I looked at it specially—I mostly have letters when I go down—I had been down the week before, in consequence of a disturbance with my men—I should say I had been down every week from the beginning of the job—I do not keep a diary—my book will show the days I go down into the country—I have not got it here—it is kept at Hockley, and when I go down I sign my expenditure—I have not shown that book to anybody else—I have since looked at it.
COURT. Q. Did you look at it to refresh your memory as to the days on which you were down there? A. Yes.
MR. HORRY. Q. When did you do that last? A. About a fortnight age—when I go down I square the accounts with my foreman, and that bears the date of the day on which I come down, and the day on which I return—that book would tell me the days I was there, and when I departed—I know a person of the name of Munyard—I never saw him but a few times in my life—it was Munyard that served this notice on me—I never spoke to him before that—I have not indicted him for a conspiracy—I have casually heard that he is indicted here.
JOSEPH FREDERICK COLEMAN re-examined. The Judge attends in Chambers two days in the week, Tuesdays and Fridays, from eleven o'clock until the business is disposed of—that sometimes happens to be as late as four or half-past four, or it might be five o'clock.
CURRY. I am one of the officers of the Lord Chief Justice of the Court of Queen's Bench. This order is dated the 26th of August—at that time I should think none of the Judges of the Queen's Bench were in town—the summons would have been attended at eleven o'clock in the forenoon, in vacation—the order in this case would have been by consent, consequently they would not have gone before a Judge—they might be before a Judge as late as half-past three—we are very seldom so late as six—the Chief Justice very seldom attends so late—I should say they could not be before a Judge later than half-past three or four.
Cross-examined. Q. Sometimes one Judge attends at chambers, and sometimes another, during the circuit? A. Yes—we are never certain of any Judge in particular—I should say Lord Denman was not in town at this time—he certainly was not at chambers—half-past three o'clock is the usual time of leaving.
JAMES M'MILLAN . I attend from the office of the Sheriff of Kent I produce a writ of summons, dated the 16th of August, 1842, issued at the apparent instance of Watts against Wittenbury—it was lodged at the office on the 27th of August last—I took it in—I forwarded the writ ca-sa issued upon that to Joshua Morris the officer, by post.
JOSHUA MORRIS . I am one of the officers of the Sheriff of Kent I arrested the person of Mr. Wittenbury, by virtue of a warrant on that writ, which I produce, on the 29th of August, at his own house—the writ was satisfied by the payment of 12l. 11s., according to the endorsement on the writ—the charges were 10l., 15s. the levy; a guinea for officers' fee; 10s. 6d., poundage; and 4s. 6d., discharge money—that was paid to me at once—I afterwards attended the Judges' chambers, on the hearing of this summons, to set aside the proceedings—I saw the prisoner, for the first time, at the chambers that day—in consequence of the Judge's order, I afterwards paid back the 12l. 11s. I had received, to Messrs. Forsyth and Rivolta.
Cross-examined. Q. I do not understand you to say that you saw the prisoner before the Judge? A. No, not in the apartment where his Lordship was, but in the hall of the chambers—I do not know Mr. Samuel Hanson Williams, of Woolwich—his name is not very well known about Woolwich—I never heard his name—he does not live at No. 5, Charlotte-place—Mun-yard lives there—I know Munyard perfectly well—he was before the Judge the second time—I do not know that he was there the first time.
COURT. Q. Then are we to understand that Williams does not live when he describes himself to live, but that Munyard does live there? A. Munyard lives at the place named in this writ, and I never heard of Mr. Williams residing there at all—I did not see Munyard at the chambers at the time I was ordered to repay the money—I know his person very well—Mr. Williams was not there—Simmers, his clerk, attended for him—I never saw the prisoner till I saw him there, and never afterwards till he was brought in before his Lordship to be committed on the warrant for this indictment—I happened to be at chambers that day—I saw him in conversation with Simmers in the hall when the order was made by the Judge to discharge these proceedings—Mr. Eager was there, and Mr. Wittenbury.
STEPHEN PARR . In August last I kept the White Hart, at Hawk well, in Essex—I know Mr. Wittenbury—I recollect his going to Chelmsford market with me perfectly well—it was on Friday, the 26th of August—he had slept at my house the night before (Thursday,) and also on Wednesday night—he dined with me on the Thursday at Rochester market—he breakfasted along with me on Friday morning, and after breakfast we went together in my horse and cart to Chelmsford market—we got there about eleven o'clock, and dined at an eating-house close by the Black Boy, at Chelmsford—after dinner we went into the market together, and did business—I bought eight sheep—I do not believe Mr. Wittenbury was absent from me ten minutes all day till I saw him on the coach—I am not able to say the name of the coach, but I went to the coach-office, and saw him go off by the coach that went from Chelmsford about half-past four o'clock, as near as I can guess—I do not remember his being away from me all day—I do not believe he was absent from me ten minutes—he went to market with me, and continued with me.
Cross-examined. Q. Does Mr. Wittenbury always sleep at your house when he comes down to that part? A. He always did at the time I had the house—I have known him ever since he has been building Hockley Spa, (not longer,) when he came down to see after his men—I am not able to say how often I have seen him in the course of a month—I forget whether or not
he was at my house the week before—he was there in Sept.—I was not there in Nov.—I left the house then—he did not send me word when he was coming down—he used to come down to see after his business—I never kept any particular account of his coming or going, but that day, the 26th of Aug., I noticed his going to market with me, and doing business there, which my market-book will show—he has been with roe at other markets, but never at Chelmsford market, except that one day—I did not make a memorandum in my book that he accompanied me to Chelmsford market that day—I have frequently done business at Chelmsford market—at different times—I cannot say whether or not he has been at my house, on other market days besides the 26th of Aug.—I know he was with me on the 26th—he has been with me at different times before and since then—I have here a copy from my market book of the purchase of cattle I made that day—I cannot say when I was first applied to to become a witness—I think it was about a fortnight ago—I had a subpoena, and was not able to attend—I had received notice of this trial before that—I recollect, some time in Sept, Mr. Wittenbury asking me what day of the month it was that he went to Chelmsford market with me—he never said anything at all about his being arrested—I went and looked at my market-book, and said, "On the 26th of Aug., sir"—he said, "Very well, I don't know whether I am likely to get into trouble or not abort that day," and that was all he laid to me about it—I was not applied to to make an affidavit at that time.
MR. CLARKSON. Q. Do you recollect sending up to Messrs. Forsyth and Rivolta a statement of what you could prove? A. Yes—this is it—(looking at a paper)—it is not my writing, but this is my signature to it—it is dated the 39th of Sept.—that was about the time Mr. Wittenbury first communicated to me.
GUILTY .— Confined Six Months, and Transported for Seven Years.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
JOHN HERON . I have been out of business since I came from Scotland, which was at the end of June last—I am now living in Bridge-road, Lambeth—I lived for some time with my cousin, William Heron, in Brunswick-street, Dover-road, In July I received 400l.—that was a subject of conversation at my cousin's—I first saw the prisoner there on the 29th of July—at that time I intended going out to Texas—I had a long conversation with the prisoner about that, and told him that I intended to go there—he told me that he knew a great deal about the country; that he could have been appointed Consul to it some years ago, but he was acquainted with the consul—he said if I would call on him he would give me a great deal of information about it, and would introduce me to the Texan Consul—he gave me his card of address, and I called upon him on the Monday afterwards, at an office in Broad-street—that was in pursuance of the address on the card—we talked abort Texas again—he said he would take me to the Texan Consul's, in Fen-church-street; but when we got there, I found it was a land-agent's office—I went with him. to some wise merchants' and other houses of business, that he said he had to call upon—as we were walking along, he said he had come from Leith in May last, with the intention of emigrating to Melbourne, Port Philip, and that he had been making arrangements with a number of merchants, friends that he had here, and other parties, to go there—he spoke to me about a Mr. James Smith, who, he said, was going to be his partner, but that he had been putting off and delaying his time for three weeks, and he offered that I should stand in Smith's place, and be his partner—(I know
Smith, he is not a friend of my cousin's, but I have teen him there)—he said he had got letters from Lord Stanley, giving him the appointment of Government Emigration Agent at Melbourne, Port Philip, with a salary of 600l. a-year, and if I accepted his proposal of partnership, and advanced him 200l. as a bonus, I should have a third share with him of the emigration agentship, and of the other business which he would have in that colony—I said I would speak to my friends on the subject—he said, if I entertained the proposal, I was not to consult with any one, and that I was quite competent to judge of it for myself—and then he specifically said that I was not to consult with my cousin or Mr. William Smith—I said I should wish to write to Scotland, to consult some of my friends there—he said he had already lost too much time with Mr. Smith; that he had several valuable consignments depending on his going off shortly, and that therefore he could not allow me to write to Scotland, as I must give him my answer is two days—I then said that I would think of it, and would see him, at any rate, at the end of the two days—he then took me down to his lodging, in the Mile End-road, and read me several letters from the Hon. Mr. Murray, Queen's Consul at Melbourne, with whom he said he was very intimate, and who wished him to enter into partnership with him there—I staid at his lodging till about eight o'clock—I was there for about three or four hours—I had a little wine—I was to see him again in two days, and give him my answer—on the 4th of August I called at the office in Broad-street, and saw him—it is Mr. M'Queen's office—the prisoner used to get his letters left there, as Mr. M'Queen was in Scotland, and the prisoner had the use of hit room—I told him that I had been too unwell to give his proposal due consideration, and therefore I could not decide yet—he said it would be folly for roe to think of going anywhere else than to Melbourne, where I had such good prospects before me; that he had this appointment from Lord Stanley, of 600l. a-year, and that I, having one-third a-year, should have my 200l. repaid in the first year, besides the profits of the business—he said I must either decide then or give it up altogether; and on this assurance I accepted it.
COURT. Q. On what assurance? A. The assurance of Jus having that situation.
MR. DOANE. Q. Did he say anything more on that occasion, about any letters from Lord Stanley? A. Not that I recollect—he then said it would: be necessary to have o partnership deed drawn up—I proposed that the solicitors who had got the money out of Chancery for me should draw it up—the prisoner said that feds own solicitors were new employed by him in recevering some money due from the Spanish Government, that they were most respectable people, that I must allow them to draw it up, and he would look after them himself—I had to consent to that, and he said that ad the drawing up of the deed, he would show me the letters of appointment, and give me the names of various houses—he called on me on the 6th of Aug., with a draft of the proposed partnership—I was too ill to go out—he read it over so me—I objected to the first part, which stated that he had for some time past carried on the business of a commission merchant and agent in Port Philip—(the deed of partnership being put in, stated that the prisoner had for some time carried on the profession, or business, of commission merchant or agent, at Melbourne, in Port Philip)—that was the part I objected to—he said that Mr. Hughes, hit attorney, had introduced that, and that it was all necessary—I wished him to leave it with me that I might read it over more carefully—he said he had promised to leave it at Messrs. Overton and Hughes that night, to get it engrossed, as he must have the business settled immediately, and he took it away with him—on the morning of the 9th, a messenger came to me, and in
consequence of what he said, I went to Broad-street, where I was to meet the prisoner—he was not there—I was to go on to the attorneys, Messrs. Overton and Hughes, No. 25, Old Jewry, and I found him there—also Mr. Hughes and Mr. Ramsay, a wine-broker, who was the messenger the prisoner had sent to me—Mr. Hughes read over to me the deed produced—the prisoner stated that I objected to that part which I have mentioned—I should have objected, but he stated it for me—Mr. Hughes asked him if he had made any consignments to Melbourne—he said he had, and he said it was all right then—the prisoner and I then signed it—Mr. Hughes asked if I had given the money to Mr. Adamson—I said, no—he said I should have done so—I had not got it with me—I said I did not understand that I was to pay it that day—I then walked out with the prisoner, and we went on to the London and Westminster Bank, in Threadneedle-street—I asked the prisoner why we were going there, and he said, to have my money, the 200l.—I told him my money was not there, it was at the Bloomsbury Branch—that was my 400l. which I had got out of Chancery—my deposit receipt for that money was at my lodging—the prisoner said as he had given a receipt for it, he must have the money paid now—I said I was not aware the money was to have been paid that day, that I was too ill to go there about it—he. then hired a cab—we drove first to my lodging, and got the receipt, and then to the Bloomsbury Branch, and drew out my 400l.—we then went to the London and Westminster Bank, in Threadneedle-street, where the money was paid in—I gave the prisoner a bank-note for 200l.—he paid it into the London and Westminster Bank—he had no account there, but he opened an account with that 200l.—I saw him pay the 200l. note I gave him into the London and Westminster Bank—I also opened a separate account with my 200l.—the 200l. note I gave him I had got from the Bloomsbury Branch—I accepted it at a 200l. note, and paid it to him as such.
Q. Should you have paid him that bank-note unless you had believed that he had got this appointment from Lord Stanley, of Government Emigration Agent, at Port Philip, and that it was worth 600l. a-year? A. No, I should not—I then went to the London Docks with the prisoner to look at some wines which he said he intended purchasing—I was not very well, and went home—he said he would call on me in two days at my lodging, and show me his letters of appointment—he did not call on me, and I wrote to him—I did not see him again Until the 24th, when I called at Mr. M'Queen's office, is Broad-street, where his letters were addressed—I took down two letters which I found there, addressed to him—one was from Lord Stanley—it was marked "Stanley" in the corner—I called at his lodging, and gave those letters to him—I asked why he had never called—he said he had been much engaged in his own private business—I asked if he had done anything in our business, and he had done nothing—I asked what was in this letter from Lord Stanley—he said there seemed to be a mistake in it, as Lord Stanley stated then that there was no vacancy, but he knew there was a vacancy, and that he should yet get the situation—that was the first time I beard that he had not got it—nothing more transpired about the matter on that occasion—my suspicions were aroused by his telling me there was no vacancy, and I communicated to my cousin, William Heron, what had happened—I called on the prisoner again on the 31st of Aug.—I told him I had received such information as led me to believe I had been deceived, and I wished from him to know the truth of it—he said that anything that had been said against him was false, that he had left Scotland, and paid all his debts, and every thing else—he said at that time that he had no appointment—I said I had been led into this by his stating to me that he had the appointment, and that he was
to leave in three weeks, and now that I saw he had no prospect of leaving at all, I wished my money back, as he had neither consignments, or done anything—he stated to me that he had no consignments, and that he had no appointment, that he was only going about it then, making a plea that I had been ill—he would not return me my money—he subsequently offered to give me a bill of 1002. at six months, and have the agreement cancelled—I was in communication with my friends at that time, and declined.
Cross-examined by MR. PRENDIRGAST. Q. Did not you apply to an attorney? A. Afterwards, in September, I did, and he wrote to Mr. Hughes—nothing was done till the case was brought before the Lord Mayor—negociations were going on—I went before the Lord Mayor, Sir John Pirie, in Nov., and got a summons issued, and the prisoner appeared to the summons—I was examined two or three different times—I did not say that I saw a letter addressed to Mr. La Trobe—I did not see a letter addressed to Mr. La Trobe, or to the Superintendent or Governor of Port Philip.
Q. Was the prisoner's representation to you this, that he had obtained letters from Lord Stanley, the Colonial Secretary, to the Governor of Port Philip, to give him the appointment of emigration agent there, a situation of 600l. a year? A. No—the expression I used before Mr. Alderman Gibbs was, "Securing him a situation as emigration agent for 600l. a year"—the first statement he made was at my cousin's, where he stated that he had an appointment from Lord Stanley—it was on the 24th that he told me he had got letters from Lord Stanley to the governor to give him the situation—that was not the statement he made to me at first—he said that he had letters of appointment, not that he had letters from Lord Stanley, directing or requesting the governor to give him the appointment—I have never made any statement different from that which I am now making—during my walk with him, after he had been at my cousin's, he told me that he had been a wine-merchant and agent at Leith, and Government emigration agent to the Australian colonies—that was before I parted with my money—I do not know that he has been an agent for the Australian colonies, except from his own words—I have not inquired at Leith as to bow that is—I have not sent to make any inquiries about his being an emigration agent—I sent to make inquiries about the way he left Leith, about his taking some money from there.
Q. Now, on the same occasion of his telling you that he had been Government emigration agent for the Australian colonies, at Leith, did he not tell you that he had got letters from Lord Stanley to the Governor of Port Philip to appoint him emigration agent there? A. He told me he had letters front Lord Stanley appointing him emigration agent there; letters of appointment to the Governor of Port Philip, not letters to appoint him; the appointment is made here—he said that the letters appointed him to the situation; that he had the appointment; that they were letters which gave him the appointment, not to appoint him—I will swear that he represented to me that he had the appointment.
Q. Did he not tell you that he considered it quite as good as an appointment, and that it was the same thing as an appointment? A. No—he said that on the 24th, when he said there was no vacancy, he said the letters were as good as an appointment—I called with him at three or four wine-merchants', and different places—he appeared to be known there—he did not tell me that the appointment was in the gift of the governor—he told me that he was appointed here, that he had letters of appointment addressed to the governor.
Q. When he first made any representation to you, were not his words these, "I have letters to the Governor of Port Philipto appoint me to the situation of emigration agent"? A. No, appointing him—he said the letters
to the governor ensured him the appointment; that they were letters of appointment addressed to the governor, ensuring him the appointment—he assured me that he had the situation—I cannot swear to the exact words he made use of, hut he assured me that he had the appointment; he made me understand so—he said he had letters of appointment—I cannot say that he always used the same words—the first time I saw him at my cousin's, he said he had an appointment—the next time, when I saw him in Broad-street, he told me that he had this appointment; that he was at present on terms with Mr. Smith to enter into partnership, but if Mr. Smith did not agree with him he would then make me a proposal—I understood that there had been a negociation between him and Mr. Smith—I never met the prisoner at Smith's brother's—Mr. Hughes read over the deed at full length before I signed it, but he never consulted me before that—I have been employed in Scotland as a clerk to a corn-merchant about three years, and have also been about eight months in a distillery.
THE RIGHT HON. EDWARD GEOFFREY, LORD STANLEY . I am Her Majesty's Secretary of State for the Colonial department I never gave any letters to the prisoner, or wrote any letters for him, giving him the appointment of emigration agent at Melbourne, Port Philip, or appointing him emigration agent—I do not know what the salary of emigration agent at Port Philip is—an application has been made to me officially on the subject of as appointment for the prisoner, but I had entirely forgotten the case, until I was called upon to give evidence—I am aware, by papers which I now hold in my hand, of an application for an appointment having been made in favour of the prisoner—I can tell, by reference to these letters, when the prisoner was written to in answer to that application—I have no recollection, except what I derive from these documents.
FREDERICK BOSANT . I am acting as attorney for this prosecution. On the 3rd of Dec. last I served a true copy of this notice on the prisoner the moment he pleaded to this indictment—(this was a notice to produce a letter dated the 30th of June, 1842.)
LORD STANLEY re-examined. I have here an office copy of that letter sent on that day—I can hardly say it was written; it is a common lithograph form of introduction, where nothing but the names and the signature are written—it is dated the 30th of June, 1842, addressed to Mr. La Trobe—it was written in consequence of a letter previously applying to my under-secretary, Mr. Hope, for a letter of introduction in favour of the prisoner, upon which instructions are given on the back, "Give introduction accordingly"—this is not my handwriting—it bears my office seal, and I have no doubt it was directed for me by some gentleman in the office—the letter would be signed by me, and probably directed in the office—any person, in whose favour a respectable person known in the office, (either to myself or the under-secretary,) makes an application, would have no difficulty in obtaining a letter of introduction, which would merely be understood to state that he is a person respectably connected, and going out to settle—(His Lordship here opened a letter, from himself, produced by the prisoner's Counsel, directed, "C. J. La Trobe, Esq., Port Philip, in favour of Mr. Adamson." dated 30th June, 1842; it was a letter of introduction, stating that Adamson had been recommended to him by Sir George Clerk, but that he did not intend to fetter his choice of candidates for the public service)—this is a lithographic form—the appointment of emigration agent, I believe, rests with the Secretary of State; but in the event of a vacancy, the Governor would on the spot fill up the appointment provisionally—without my approbation the appointment would not be valid
—I have an office copy of a letter, dated 22nd August, addressed by my private secretary, Colonel Wilbraham, to Mr. Peter Adamson.
Cross-examined. Q. You know nothing about that copy? A. No.—MUNDAY. I am a clerk in the Colonial Office. I produce a letter from the prisoner, dated the 10th of August, inclosed to Mr. Forbes—the letter dated the 22nd of August, of which this, is a copy, was forwarded to the prisoner.
Cross-examined. Q. How do you know it was forwarded? A. I have ascertained it from the office.
MR. CLARKSON. Q. Was this letter from the prisoner inclosed to the office by Mr. Forbes when he made this application on his part? A. It was.
JOHN HERON re-examined. This letter is the prisoner's handwriting.—(This letter being ready was dated the 10th of August, 1842, No. 37, Old Broad street, and signed Peter Adamson, addressed to William Forbes, Esq., M. P., stating, that although the minor appointments in Australia were filled up by the Governor, yet such an appointment as emigration agent was received from the Colonial Office here; and that if the Government declined giving the appointment, a letter of recommendation to the Governor, Sir George Gibbs, would be of very great importance. The postscript was as follows. "I observe that Mr. Hope, SubColonial Secretary, is now in town. I was introduced to this gentleman by Sir George Clerk some time ago, and he was kind enough to give me a letter of introduction to Superintendent La Trobe, but I suspect it was only recommending me to his civilities, &c.")
MR. MUNDAY re-examined. The present emigration agent at Port Philip has a salary of 150l. a year—I do not know his name—there is no vacancy—no vacancy has been reported to the Colonial Secretary since Lord Stanley has been in office—I have the letter of Mr. Forbes inclosing the prisoner's letter—(This letter was dated the 15th of August, 1842, to Col. Wilbraham, recommending the prisoner as a fit person for emigration agent at Port Philip, having formerly filled a similar situation at Leith with credit)—a letter was written from the office to the prisoner, in answer to Mr. Forbes's application, and forwarded to him on the 22nd of August.
Cross-examined. Q. How do you know it was forwarded? A. It was entered in our books—I did not put the letter into the post, nor did I direct the letter—this is the copy—(This was from Col. Wilbraham, dated the 22nd of August, 1842, informing the prisoner that no official intimation had been received of any vacancy, and that there were several candidates for such appointments upon Lord Stanley's list.)
MR. CLARKSON. Q. Has there been any other correspondence or communication with the prisoner on the subject of that situation? A. Not that I am aware of.
MR. PRENDERGAST to LORD STANLEY. Q. May I ask whether the prisoner's name is inserted in your list of candidates? A. I conclude, of course, that it is, but that list is kept by my private secretary—upon an application being made, he notes it, and the person by whom it is made; and when the office is vacant I look through the list of candidates, and select accordingly—I conclude that no other person besides Sir George Clerk and Mr. Forbes applied on the prisoner's behalf—as the letters are put together, and there are no more forthcoming.
WILLIAM HERON . I am the prosecutor's cousin, and am a commercial agent, living in Branston-street, Commercial-road. On the 26th of July I was at the house of Mr. William Smith, in the Minories, and was then introduced to the prisoner for the first time—nothing particular occurred on that occasion—I saw him again, on the 29th, at my own house—my cousin was
there part of the time—I introduced the prisoner to him—on that occasion the prisoner stated the whole of his prospects, and among others, that he had the appointment of emigration agent at Port Phillip secured to him by letters from Lord Stanley, and that he was about to join in partnership with Mr. James Smith—my cousin spoke of his intention of going to Texas—the prisoner offered his services to give him all the information regarding Texas—my cousin mentioned his having just received 400l., and I mentioned it—that was all that transpired then—on the 31st of August my cousin communicated to me what he had done.
Cross-examined. Q. Were you present at more than one interview between your cousin and the prisoner? A. Only one—I have known Smith intimately for twenty years—the prisoner was making a negociation with Smith, which went off—I do not know that my cousin was very ill during Augt. but not seeing him from the 9th till the 31st, it is impossible for me to say—I did not look after him—I had no reason to apprehend that he was ill—his health is generally delicate—I did not think that he was well able to manage himself—I knew where he was living—I never called, but during that time I was a fortnight out of town.
(Samuel Jackson, secretary to the Union Bank of Australia;—Lonagan, of No. 34, Great Winchester-street; Thomas Wallis, of No. 48, Fen-church-street; Charles William Ramsbottam, of Dunster-court, Mincing-lane;—Dubosk, of Fenchurch-street; George Palmer, of No. 20, Mark-lane; Robert Dodd Wheeler, manager of the South Australian Bank; Thomas Christie, tea-dealer, Aldgate; and Robert Selby, of Devonshire-road, Wandsworth-road; deposed to the prisoner's good character.)
GUILTY. Aged 33. Strongly recommended to mercy by the Jury on account of his good character.— Judgment Respited.
OLD COURT.—Tuesday, December 13th 1842.
Second Jury, before Mr. Recorder,
MR. BALLANTINE conducted the Prosecution.
GEORGE BIRT . I am a grocer, and live in the Old Bailey. On the 20th of Augt. the prisoner came to my shop, and I paid him 1l. 6s. 2d. for goods supplied by Mr. Little, his master—I took a receipt for it, which I produce.
Cross-examined by MR. PAYNE. Q. Do you distinctly recollect hit person? A. Yes, I do.
JAMES WORTHING LITTLE . I am a starch-manufacturer and live in Holborn. On the 20th of Augt. the prisoner was in my employ—Mr. Birt is a customer of mine—the prisoner accounted to me for 15s. 6d. that day as received of Birt—he never accounted for the remainder of the 1l. 0s. 2d.
Cross-examined. Q. Have you your books here? A. Yes—I do not know that I have made more mistakes in my accounts than other people are liable to—there was a sum paid by a Mr. Law, which I imagined had not been paid to me, but on reference to my books I found it—I said at first I had received none of it, but my books were correct—the prisoner left me in the middle of Nov.—he was in the service of myself and one Saunders up to the 26th of July, when we dissolved partnership—I think this letter (looking at one) is Mr. Saunders's handwriting—the prisoner did not leave me on the 26th of Oct.—I was in constant communication with him when he was at my counting-house.
Q. Did he come to you at Chelmsford? and did yon tell him to get in all the money he could? and did he bring you 15l.? A. I think he did—(referring to the books)—that was on the 22nd of Oct.—he paid me about that sum—I went with him in search of another person—I think it was on the 23rd of Nov.—I did not tell him, if he could get any case against the other party, I would hold him harmless—he said he knew where he was—I said, if he did not give the party in charge, I should proceed against him—he was in our employ from the beginning of May until the 26th of July, when the partnership dissolved—he is married and I believe he has no family.
MR. BALLANTINE. Q. When you went to look for the other party, had the prisoner mentioned any person's name? A. Yes, and attributed to that person certain acts of robbery—I found there was reason to suspect the prisoner also—it was on that account I prosecuted him—at the time I went in company with him I did not know all the facts I am now acquainted with.
JOHN FINK . I am a policeman. I took the prisoner in charge—he said he was very sorry such proceedings should be taken against him; he was then just going to a friend to come to some arrangement with Mr. Little.
NOT GUILTY .
JAMES LAW . I am a grocer and live in Broad-street, Golden-square. On the 12th of July I paid the prisoner 12s. 1d. on account of Mr. Little, and took his receipt—it was two accounts, 5s. and 7s. 1 1/2 d—he gave me two receipts, both on account of Saunders and Little.
Cross-examined. Q. Have you a personal recollection of having paid him the sums? A. Perfectly, I saw him sign the receipts; one was for patent starch, supposed to be Indian corn.
JAMES WORTHING LITTLE . On the 12th of July I was in partnership with Mr. Saunders; the prisoner was in our service., On the 18th of July he accounted to me for 7s. received from Mr. Law—he said nothing about the 6s., and he never accounted to me for it—it is still unpaid.
Cross-examined. Q. This is the sum you made a mistake about at first? A. Yes—the entry in the book is my own—the prisoner was paid by a commission—my clerk receives money for me, and it was his duty to enter sums he received from the commission agents—the prisoner did not have a commission on what he sold, but on what was paid for—the commission account had been overdrawn—I have lent him money, more than the amount of the commission.
Cross-examined. Q. Did any other person receive money in your absence? A. No—only Mr. Little—if I was absent the money would not be received—Mr. Saunders had the power of receiving money when he was there.
MR. BALLANTINE. Q. If he received sums of money from particular tradesmen, would it be his duty to reserve part of it, and only pay part? A. Certainly not—he would have to give up the whole sum he had received.
MR. LITTLE re-examined. On the dissolution of partnership I was to receive the outstanding debts—this was my money from the beginning of the concern—we were partners, but I had the whole and sole control of the money—Saunders had an equal profit, but it was my money originally—I discovered this had not been received about the end of July, when I called on Mr. Law for the remaining account—the prisoner was in my employ for months after I discovered this, but I was given to understand it was received
by a man named Postan—I did not know the prisoner had received it—I asked Mr. Law to whom he had paid it, he said to Taylor—I questioned Taylor about it, and he said he had not received it, but it was received by the old man (Postan)—I then considered the prisoner innocent.
NOT GUILTY .
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
BENJAMIN CANE . I am a grocer, and live in Skinner-street, Somers-town. On the 27th of Aug. I was in the service of Mr. White, who I have succeeded—in May, June, and Aug. the prisoner called on me to solicit orders—he said he came from Saunders and Little, and that his name was Thomas Taylor—I did not know there was a person of that name in Little's employment—I gave him orders at different times amounting to 17s. 9d., and was supplied with the goods—on the 29th of Aug. he called, and I paid him 12s. 2d., deducting 6s. 7d. for goods I had supplied to him—he said those goods were for himself—when I supplied him with the goods I believed that his name was Taylor, and that he was in Mr. Little's service—he had told me that he came from Saunders and Little, that he was a commission traveller to sell starch for them, and he sold other things for other parties.
Prisoner. Q. Did not the goods ordered go to Mr. Little's house? A. I sent them by my man—I have no reason to believe they did not arrive—it was coffee, sugar, and tea—you ordered them for yourself, as I supposed—you said, "Send them to Mr. Taylor, and you said that was your name—you signed "J. Taylor on the bill I paid you.
SARAH SANDON . I am a grocer, and live in Great Warner-street, Clerkenwell. In July last the prisoner called at my shop, and said he called from Saunders and Little—he did not tell me his name—I gave him an order—he called again on the 3rd of Sept., and I paid him 8s. 3d. for the goods—I did that from his stating that he came from Saunders and Little—he wrote a receipt without signing a name to it.
SAMUEL GISSING . I am an oilman, and live in Hamilton-row, Bagniggewells. In Sept. the prisoner left an account of Mr. Little of 7s. 10 1/2 d.—he called again on the 30th of Sept., and I paid him the money—he signed this receipt, "J. T." only—I believed him to be the servant of Saunders and Little—he had represented himself so—he had given me no name—he called several times, saying he was servant to Saunders and Little.
Prisoner. I said I called for orders for them—I did not say I represented Saunders and Little. Witness. I cannot exactly charge my memory with what he said—he called for the account, and brought me a printed bill in the name of Saunders and Little.
JAMES WORTHING LITTLE . I am a starch manfacturer in High Holborn. I never saw the prisoner till the day I apprehended him, on the 23rd of Nov.—I never authorised him to obtain orders for me—I never authorised Taylor or anybody to employ him—no grocery ever came to me from White—had he brought orders to my house I should have known it before they would be executed.
COURT. Q. Did you mention that before the Magistrate? A. Yes—
(looking at his deposition)—this is my signature—it was read over to me before I signed it—(read—"when I apprehended him, Mr. Little told him it was for embezzlement and he made no answer")—it was going to the station that he laid this.
Prisoner's Defence. I was employed by Taylor—I never received a farthing for myself.
THOMAS TAYLOR (the former prisoner.) I employed the prisoner to get orders, but never to receive money—I employed him to get orders in my name—I know he has received money, because I heard it from Mr. Little, but I did not know he had received it till afterwards—I did not represent to him that I was authorised from Mr. Little to employ him—Mr. Little knew nothing of his being employed—the prisoner knew that Mr. Little was not aware of his being employed by me—he was employed during my absence—I was out of town a good deal, soliciting orders, and he minded my business during my absence—I was over anxious about the business—he got a printed receipt-book out of my place—I did not furnish him with it—I really cannot say whether these bills were given to him by me or not—there are other travellers, and the bills were divided according to the way we took—the goods at times were given to me, and I have given them to another party, as be was taking that round—the prisoner got these bills through me or another party—a person named Strutton was employed by the prosecutor—I do not swear that I did not give the prisoner these bills.
MR. BALLANTINE. Q. Did not you tell Mr. Little that you had given him bills, and that he had received money? A. In the country I did, not in town—I told him he had bills to collect for me in the country—I said he had received accounts in town—I gave information against the prisoner respecting the accounts he had received.
GUILTY. Aged 50.—Recommended to mercy by the Jury and Prosecutor. — Confined Three Months.
NOT GUILTY .
OLD COURT.—Wednesday, December 14th, 1842.
Third Jury, before Edward Bullock, Esq.
MARY TAYLOR . I live in Kenton-street. On the 6th of Dec., between twelve and one o'clock, I saw the prisoner take the trowsers off the rail outside Mr. Attenborough's door, and run round the corner—I gave information.
JOHN TAYLOR . My daughter told me something—I went to Aston-street, close to Kenton-street—I saw the prisoner running, and drop a bundle—I took it up and followed him, calling "Stop thief"—he was stopped, and I gave him in charged.
Prisoner's Defence. I saw the trowsers lying between some railings; I took them; saw a gentleman come calling, "Stop thief, and put them down.
GUILTY . Aged 17.— Confined Three Months.
FRANCIS BROUGHTON . I am a solicitor, and live in Falcon-square. On Sunday, the 4th of Dec, about seven o'clock in the evening, I was in Beech-street—heard a scuffle behind me, turned round, and missed my handkerchief—it was safe in my pocket about ten minutes before—I saw the prisoner and another boy, two or three yards off, at the corner of a gateway—they immediately ran up the gateway as hard as they could—I pursued and caught the prisoner—I lost sight of the other—I charged the prisoner with taking my handkerchief, and sent for a policeman—a great crowd collected—I had my hat knocked off—they told him to put me down, which he tried to do, and I was obliged to use my stick—I gave him in charge—I have not found my handkerchief—at the time of the scuffle there was only those two boys—the prisoner got hold of my neckcloth, broke my pin, and tried to escape.
ALEXANDER LEE . I am eleven years old, and live in Cox-court. I saw the gentleman walking, and saw the prisoner put his hand into his right hand pocket, take out the handkerchief, and give it to the other boy—he and the gentleman were scuffling together afterwards, and the other boy ran away.
GUILTY. Aged 21.—Recommended to mercy by the Prosecutor. — Confined Six Months.
THOMAS PADDON . I keep a carpet warehouse in Ratcliffe-highway. On the 6th of Dec, about half-past seven o'clock at night, I was standing in the shop outside the counter with my back to the door—I turned round, and saw the prisoner straddling with one foot into the shop as far as he could reach, and with both hands grasping a piece of cotton-cloth—before I could call out he turned round with it in his hands—I called, "Holloa,"—he ran and dropped it outside the door, on the pavement, and ran across the street—I followed and collared him, on the opposite side, without losing sight of him—I said, "You thief, you have stolen a piece of cotton off the carpets in my shop" he said, "What is the matter?"—I gave him in charge—here is the property.
Prisoner's Defence. I knocked against the cloth which laid on the carpet.
GUILTY . Aged 30.— Confined Six Months.
Before Mr. Baron Alderson.
GUILTY . Aged 18.— Transported for Life.
Before Mr. Baron Gurney.
MR. DOANE conducted the Prosecution.
PETER FANCOCK . I am a porter, and live in Eales-place, Great St. Andrew's-street, Seven-dials. I knew Nathan, the deceased, by sight—on Wednesday, the 23rd of Nov., I was at Foster's sale-rooms in Pall Mall, and saw the three prisoners going along the passage leading to the sale room together—I heard Rason say to the other two, "Call him out to have something to
drink, and when he gets out give him it right and left"—they then went into the sale-room—in about three minutes I saw Mountain come out again, Nathan close behind, and Davey and Rason behind him—as soon as Nathan had got out of the sale-room door, Mountain struck him a tremendous blow at the corner of the eye with his fist—he fell down against the skirting Or on the floor, I am not sure which, and when he was down Mountain kicked and Struck him about the body, and the neck two or three times—Rason was close alongside Nathan at the time—Davey was not so close, but he was in the passage—while this was going on, Rason said, "Give it him, and Davey laid, "That is the way to serve him"—Mountain said he would have his b—y liver out—Nathan sung out, "Murder! am I to be murdered?"—a great many gentlemen rushed out of the sale-room—I went to look for a policeman, and when I returned he had been taken into the sale-room—I saw blood on his face, from the wound in the eye, where I had seen Mountain strike him—when I returned from looking for the policeman, Mountain was standing outside the street door, and he said he would serve any body else that way that used the expression that he had against him—I had not, heard Nathan use any expression—I saw Nathan again on Friday—he complained of being hurt about the body and head—I did not interfere while this was going on, as I have a wound on my head, and have had five pieces of bone taken out.
Cross-examined by MR. PAYNE. Q. You saw nothing until the parties were in the passage? A. No—Mountain said that Nathan had said something about an unnatural crime—that is all I recollect—I heard nothing said about "a * * * * gentleman," or anything of that sort—I understood him to mean an imputation of an unnatural crime.
Cross-examined by MR. HUDDLESTON. Q. Where was Davey standing at the time? A. About a yard from Nathan's legs, as he was lying down—a person named Hart was walking up and down outside the door, laughing—Nathan died that day fortnight—I went before the Magistrate on the Monday after the assault—I had not been talking with the other witnesses about the matter.
JACOB DAVIS . I live in Pump-court, Westminster, and am porter in the service of Mr. Foster, of Pall-Mall. On Wednesday, the 23rd of Nov., I was in the sale-room, and saw Nathan, the three prisoners, and Hart there—I heard Rason say to Nathan, "Nathan, we are going out to have a drop of gin, come and have some"—Nathan replied that he did not want any, and he would not go out—Ranson said, "Oh, come along, it won't harm you, we are all going together"—Mountain went out of the room, Nathan followed, and Rason after—Davey and Hart went out together directly after—I afterwards heard a heavy fall in the passage—I opened the glass-door, and saw Nathan lying on his face, on the ground, in the passage, with his head against the skirting—I did not see either of the prisoners doing anything to him at that time—I afterwards saw Rason trying to keep Mountain away—he was standing under the portico of the door, with his back against him, keeping him from Nathan—Mountain was in that rage that he was more like a person out of his mind than anything else—he then flew into the passage, got Nathan by the collar, pulled him over on his face, hit him in the head and shoulder, and kicked him in the side—Rason said, "Go it, give it him, serve him right"—Davey was outside, on the pavement, at that time—I did not hear him say anything—Mountain then dragged Nathan from the passage, right on to the flags of the street—I saw Davey trying to part them—some gentlemen then came out of the sale-room—Shepherd got Nathan away from Mountain's grasp, took him into the sale-room, washed his eye, and wiped the blood away.
Cross-examined by MR. PAYNE. Q. Did you not hear Rason say that Nathan had called Mountain a s—? A. I did, when he was in the passage, that was after Nathan was knocked down, and before he was taken away from Mountain's grasp.
Cross-examined by MR. HUDDLESTON. Q. Did you hear Nathan say, when asked to drink, "Drink, aye, something to drink; well, stand something to drink, and we will say nothing more about it?" A. I did not.
CHARLES HARRINGTON . I am a dealer in paintings, and live at Norwood. I was in the sale-room on the 23rd of Nov., and heard a great noise, and cry for help, in the passage—I went out and saw Nathan on the ground—Mountain was with him, standing behind him, holding by the collar of the coat, and he struck him once or twice on the head before I got up to him—Nathan was in a sitting position at that time—his legs were on the ground, but his body up, and Mountain was standing over him, striking him—I then interfered, and helped to get Mountain off, in conjunction with others—Nathan had a dreadful black eye, and a great deal of blood was flowing down his face.
Cross-examined by MR. PAYNE. Q. Did Mountain appear very angry? A. He did appear a great deal excited.
EDWARD WILLIAM RADCLIFFE . I live with my father, who is a picture-dealer. I was at the sale-room on this occasion—I went into the passage, hearing a noise, and saw Nathan lying on the pavement, outside, and Mountain had hold of his collar—I unloosed his hands—Davey pulled Mountain back—as one of the porters were picking Nathan up, I said, "How comes this?"—Davey said he had used some expression which no roan would bear—Mountain screamed out, "Yes, the old villain, I will murder him"—he was in a very great passion at the time—he was stuttering, and was some moments before he spoke—Nathan said, "No, I did not, they asked me to have something to drink"—Mountain endeavored to fly forward again at Nathan, and Davey again restrained him.
Cross-examined by MR. PAYNE. Q. Does Mountain stutter? A. Yes, at least I imagine so.
MARK JACOB NORDAN . I live in Mount-street, Westminster-road, and am a solicitor's clerk, but am not in immediate employ. I was a friend of the deceased—his name was Samuel Nathan—I saw (him on Wednesday night, the 23rd, after this occurrence—he died on the 7th of Dec.—on the Monday preceding his death. I took a statement from his lips.
JOHN BRADY . I am a surgeon. I was called in to attend the deceased on the 25th of Nov.—I found him in bed, labouring under severe contused blows and wounds about the eye, with extensive inflammation of the parts about—I continued to attend him until his death, which took place that day fortnight—I saw him on the Monday morning preceding his death—he was then in a dying state—we expected that he could not get through the night, and that was the opinion of Mr. Callaway of Guy's-hospital—I had not told him that I thought he could not live through the night—I told his wife and daughter so—I did not learn from anything he said, that he was aware of his state—he had extensive sloughing of the cellular membrane of the neck—matter was forming to a very large extent under the facia of the temporal muscle, and extending behind the ear, so much so, that we were apprehensive from the inflammation, that it would burst under the clavicle—there was gangrene and mortification from imperfect circulation of the parts—I made a post-mortem examination—I found in the lateral ventricles of the brain, effusion of, not direct blood, but of a sanguinious character, blood mixed with the fluid—there was nothing else remarkable—I believe death was caused by the external injuries he had received about the head, and the extensive inflammation that ensued,
as a consequence—violent blows with a man's fist about the head would account for the appearances, and I believe that was the cause—when I first saw him, the injuries of the head were so great, and he was in such a depressed state, that I was apprehensive of danger in making any further examination—I saw no material injury about the body after death, no marks or bruises—there was extensive suppuration of the integuments under the skin on the head—matter forming and burrowing all about, extending to the occipital bone—there were two wounds on the orbit of the right eye—the extensive inflammation was an after consequence of the injury sustained—when the facia of a part takes on inflammation, it is very serious, and he was not a young man—blows would produce inflammation of the cellular membrane, which is tantamount to erysipelas—after contused blows we generally have diffused inflammation of the cellular membrane, and in this case such was the fact, without anything denoting that it was really erysipelas—it is very difficult to draw the line between diffusive inflammation and erysipelas—it is that sort of inflammation which we have after blows—if the body is not in a good state, the mischief would of course be greater—his depression was great, but he was perfectly conscious—I thought very seriously or it at first.
Cross-examined by MR. PAYNE. Q. When were you first called in to see the deceased? A. On the Friday evening, about four or five o'clock—the appearances I saw would not result from other causes besides violence—I am perfectly satisfied of that.
MARK JACOB NORDAN re-examined. I was with Nathan all day on Monday, the 5th of Dec, and the night preceding—it was about five o'clock in the evening when I took his statement—I told him I was about putting certain questions to him, and begged be would answer me truly; but previous to putting these questions, I would ask him whether he believed he should recover from the injuries he received—he said, "I don't believe I shall recover"—in the course of conversation he said, "What I have stated is the truth, and I believe myself to be in a dying state"—I then took down in writing a statement which he made; and after I had done so, I read it over to him—I then assisted him up in bed, and he made his mark to it—I believe that at that time be did consider himself to be in a dying state—David Nathan, one of his sons, was present at the time—a person named Harris was there at the time I read it over, and previous to his signing it, but not at the time he made it—this is the statement—(reads)—"On last Wednesday week, Nov. 23rd, I was at Foster's auction-rooms, in Pall-mall; Rason, the man with one arm, came in, and asked me to come out to have something to drink. Davey was with Nason at the time. I went out with them; and as soon as I got into the passage, Mountain struck me on the eye, which knocked me down. Rason was the second person that struck me. I am sure that Davey also struck me. I am certain that Rason struck me the second blow. Hart was there, and said, 'Serve him out.' I do not recollect Rason or Davey trying to take me away from Mountain. I did not accuse Mountain of unnatural practices, nor did I ever tell any person that Mountain got his living by * * * *; nor did I tell Mountain that he got his living by * * * *; nor did I speak to cither Mountain, Rason, Davey, or Hart, that day. I make this statement, believing myself to be in a dying state"—after I read it over, I and Harris signed it—before I took this statement down I advised the deceased's sons to go before a Magistrate, to endeavour to get a Magistrate to tike it down—I did not go myself.
Cross-examined by MR. PAYNE. Q. Did you get this information from him by putting questions to him? A. Yes—I believe he was fifty-nine years old.
Witnesses for the Defence.
THOMAS HILL . I am a tailor, and live in Marlborough-row, Marlborough-street. I was in Foster's auction-room on the 23rd of Nov.—the three prisoners, Hart, and Nathan, were in the room—I saw Rason go and speak to Mountain, and saw them talking together in the room—I then saw them go from the left-hand side of the room to the right, where the fire-place was—Nathan was near the fire-place, and Mountain said to him, "Did you say that I was a * * * * gentleman?"—Nathan said, "Yes, you are a s——, you know you are; it is right enough"—Mountain turned to Rason, and said, "You hear what he says, and you know I am not"—he appeared very angry and very excited—he asked Rason to go out and state the case to a policeman, for him to give Nathan into custody—Rason and Mountain went out together to state the case to a policeman—they came in again in about a quarter of an hour or twenty minutes, and Mountain went to the left-hand side of the room—Nathan went across to him, and nudging him with his finger, said, "How is your temper now? what I said is right enough; it is right enough; you know you are so"—Mountain turned to Rason, and said, "Tom, I can't stand this any longer; I must go and have something to drink"—Nathan said, "Oh, something to drink; aye, something to drink; stand something to drink, and we will say no more about it"—Rason went towards the door leading to the passage, followed by Mountain, Nathan next, and Davey next—I followed close behind Davey—I saw Mountain turn round, seize Nathan by the collar with one hand, and strike him over the eye with the other—Rason said, "I can't see this," and seized Mountain by the collar, to drag him away—Davey seized him as well, to drag him away—I was there during the whole of the struggle that took place—neither Rason or Davey used any expressions of encouragement; far from it.
MR. DOANE. Q. What were you doing at these rooms? A. I went there to bid for two pictures for my brother, who is a picture-dealer—the sale was going on when the conversation took place at the fire-place—the room was about half full of people—there were very few persons about the fire-place at the time—there was a man sitting on a form close by—he was a stranger—Mountain first proposed going for a policeman—I believe Davey stopped in the room when Rason and Mountain went out—I did not keep my eye on him the whole time—I did not see him go out—I saw Mountain and Rason return into the room—Davey was at that time in the room, at the right-hand side, by the fire-place, not with Mountain and Rason—I saw Nathan knocked down—I did not hear Rason say, "Give it him; that is the way to serve him"—I believe he did not say so—I was not above a yard or so from then at the time the affray took place—I saw no kicks.
SAMUEL HART . I am a picture-dealer, and live in Great Wild-street, Lincoln's Inn-fields. On the 23rd of Nov. I was at Foster's sale-rooms, and saw the three prisoners and Nathan there—I saw Davey come up to Mountain and Rason, and say something to them—they were standing, talking to me—in consequence of what he said, Mountain and Rason went over to Nathan, and said, "What do you mean by telling Mr. Davey that I am a * * * gentleman?"—Nathan tapped him on the arm, and said, "I mean s——y"—I then went to another part of the room—about a quarter of an hour after I heard a cry of "Murder"—I pulled open the folding glass doors, and distinctly saw Nathan bleeding from his head, and Rason and Davey trying to pull Mountain back from Nathan, trying to prevent him from striking him—I was taken in charge about this, but was dismissed the moment the Magistrate heard the case.
MR. DOANE. Q. You were discharged because Nathan was too ill to appear? A. I do not know whether be was ill or not—it was before he died—I cannot say when it was.
MOUNTAIN— GUILTY . Aged 33.
RASON— GUILTY . Aged 40.
DAVEY— GUILTY. Aged 43.Recommended to mercy on account of the provocation. — Confined Six Months.
Before Mr. Baron Gurney.
293. JOHN GARNER was indicted for feloniously assaulting Benjamin Colls, on the 6th of Dec, putting him in fear, and taking from his person, and against his will, 1 penny, and 4 halfpence, his monies.—2nd COUNT, for feloniously, with menaces, demanding his monies.—3rd COUNT, by force, feloniously demanding his monies.
MR. PAYNE conducted the Prosecution.
BENJAMIN COLLS . I am a draper, but am out of business, living at present on my property, till I get into business—since I have been in town I have been living at No. 2, Gray's Inn-lane—I have been in town little more than three months. On Tuesday, the 6th of Dec., about half-past three o'clock, I was passing down the Strand—I stopped for a minute or two at a print-shop window near Southampton-street, on the same side of the way—after I had been there a minute or two, a young man came up to me, and pressed himself against my left side, apparently with his person; but deeming it an accident, I took no notice—almost immediately after, Le placed his hand slightly and indelicately on * * * *—I immediately left the window, passed on, and turned up Southampton-street—I had not proceeded above eighty or a hundred feet when I heard a person coming after me, and as he approached me, he asked me, in an under tone, to give him half-a-pint of beer—on turning round, on the question being repeated, I ascertained it to be the same person—it was the prisoner—the question was repeated two or three times—I said, "No," left him, and crossed the road, to avoid him—he followed me, and still urged the request, entreating me to give him half-a-pint of beef, or money to procure it—I said I would give him nothing, and desired him to be off about his business—he said he would not leave me unless I gave him half-a-pint of beer—I then took from my pocket a penny-piece and two halfpence, and gave them to him, laying, "There is half-a-pint of beer for you, be off"—he took them in his left hand, laid them in the palm of his right hand, and holding it out to me, said, "Now, I will produce these to the first policeman I see, unless you give me more money"—I became greatly agitated and alarmed, and told him I had no more money, but a few halfpence—he said, "Give me what you have, and I will go away"—I gave him two more halfpence, which was all I had—he, said, "I shall hand these also to the policeman, and give you in charge, unless you give roe more money"—I told him I had no more money—he said, "You have something you can make money of, you have a watch"—I said, "Yes, I have"—he said, "Then give me that," which I refused—he said, "Unless you will give me a crown I will hand you over to the first policeman I find, and will expose you"—I said I had no money—he said, "Well, pledge your watch, and give me a crown, than I will leave you directly"—I said, to him, "Where is there a pawnbroker's?"—he said, "I will take you to one"—he led the way through several courts, and brought me into Long Acre, nearly opposite Mr. Priest's house, the pawnbroker's—he then said, "No, I will not take 5s., I will have some more money, you appear a respectable person, and your character is worth more than that to you, or I will expose you"—I said, "How much money do you want?"—he said, "Give me 2l., I will not wait a minute or two; unless you give me 2l., I
will call out directly for a policeman loudly"—at this time we had arrived at the pawnbroker's door, Mr. Priest's—he said, "Here is a pawnbroker's, I will wait outside"—I went in, and tendered my watch for 2l.—at the same time I asked to see the proprietor—I saw Mr. Priest, and told him the particulars—he came out, in company with two gentlemen, and followed me immediately—I pointed out the prisoner as the man who had molested me in the street—he was token into the parlour of Mr. Priest's house, and accused by Mr. Priest of attempting to extort money from me—he said, "I never saw this gentleman in all my life before this moment," which he frequently and solemnly affirmed—I have not the slightest doubt of his person—a policeman was sent for—he was searched at the station, and one penny-piece and four halfpence, answering to the amount I had given him, were found on his person—I had not committed the slightest indecency with him in any manner.
THOMAS PRIEST . I am a pawnbroker, and live at No. 141, Long-acre. On Tuesday, the 6th of Dec., I saw the prosecutor at my shop—in consequence of a communication he made (he gave me a description of a person) I went out, and saw the prisoner, who answered the description—I asked him if he was waiting for any body in the shop—he said, "No,"—I called to the prosecutor, and asked him if this was the man—he pointed to him immediately, and said, "That is him"—I made him walk into the counting-house, sent for a policeman, and had him given into custody—I told him in the counting-house what the gentleman had accused him of, and that he had given him 3d., and asked him if he had any money in his pocket—he pulled out one penny piece, and four halfpence—he said he had never seen him before in his life.
Prisoner's Defence. I am quite innocent; I was waiting in Long-acre for my brother; I passed Mr. Priest's door; he came and asked if I was waiting for a gentleman; I said, "No;" he called the gentleman, who said, "That is him;" he asked me to step inside, which I did, and they accused me of attempting to extort money; I said I had never seen him before.
GUILTY on the 2nd Count. Aged 19.— Confined Three Years.
Before Mr. Baron Alderson.
294. MARY ANN JOHNSON and ELIZA SMITH were indicted for feloniously assaulting Alfred Henry Austin Davies, on the 2nd of Dec., putting him in fear, and taking from his person, and against his will, 1 shilling, 6 pence, and 6 halfpence, his monies; and immediately before, at the time of, and after the said robbery, feloniously beating, striking, and using other personal violence to him.
ALFRED HENRY AUSTIN DAVIES . I am fourteen years old. On the 2nd of Dec, about ten o'clock at night, I was in Broad-street, going to my aunt's—Paul Francis was with me—I saw the prisoners coming down Broad-street—Johnson took my cap, and put it under her shawl, and ran away without saying any thing—I followed her to get it—Smith was with her—I never saw them before—I followed them up George-street, to a house in Church-lane—they went in—I and Francis stopped at the door for a second or two, and then went in, through a passage through a yard, and then turned to the left into a front room on the ground floor, with a candle and a fire in it—I saw Johnson standing there with my cap, and Smith sitting in a chair—Johnson threw my cap down—Smith jumped up—Johnson ran to the door, and said she would murder me if I did not give her my money—Smith jumped up, and laid hold of my hand, and Johnson struck me by the side of my head—I said, "You had better leave me alone"—she asked if I had got much money—I said that was my business—she put her band into my pocket, and took out 8d.—Smith holding her hand over my mouth—Smith then struck me, and said, "Have you got any more?"—I said,
"No"—she then felt in my pockets, called me a b—, and said there was a shilling, and if I did not give it her she would kill me, and Johnson struck me—I was obliged to give her the shilling out of my pocket, because the made me—she then said I might go, and opened the door—we both went out—Francis was in the room with me all the time—they did not try to rob him—he had no money—we went out of the passage into the street—they followed us and bade us good night—I thought I would watch which way they went, but did not see a policeman that night—I afterwards gave a person in charge on suspicion, who looked like Johnson, and when I was at the station, Smith brought a breakfast to that person, and I gave her in charge—I am sure of her—I next saw Johnson at the station at Bagnigge-wells—I am sure she is the person—I made the mistake, because the other person looked like her in the face, but I was not sure, because she did not have scratches on her face.
Cross-examined by MR. PAYNE. Q. What are you? A. I have lost my place—I was at a stationer's—I lived at No. 42, Great Carter-street, at the time this happened, with my mother—I was going to my aunt's—I did not leave my place till late—I was at that time at Mr. Ilby's, in Great Titchfield-street—I never saw the prisoners before.
Johnson. He says 8d. was taken out of his pocket—he had but 4d. in his pocket, and that he gave us, and the other one with him gave at 4d. more—we thought they had more money, and he had another shilling, and he gave us that—we thought they were going to give us more money, or we should not have taken them home—I said, "What do you make such fools of us for?" Witness. I did not give them either the copper or the shilling.
PAUL FRANCIS . I shall be sixteen years old next June—I was with the prosecutor in Broad-street, and met the two girls who took his cap off, and ran into George-street—we followed them into Church-lane—they went into a house—we went in afterwards, and found them in a room below stairs—Johnson put his cap on the table—Davis took hold of it-then Johnson went against the door, and said she would murder us if we did not five her money, and they asked Davis if he had any money—he said that was his business—he did not give them any money—they went up to him, and wanted to get it out of his pocket—he called "Thief!" and one put her hand against his mouth, and the other struck him on the face—they put a hand in his pocket—I saw something like halfpence taken out—he said to me, "You see me give 1s. into her hand," and he put it into Johnson's hand, because he was afraid of her—it was not mine, it was his.
Johnson. Q. Did not you give him the shilling? A. No—I had no money—I am sure they are the young women.
Cross-examined. Q. Are you sure you did not go to the house for some other purpose than after the cap? A. No—I never saw them before—I am a tailor, and work for Mr. Dressen, of Great Titchfield-street, Broad-street, St. Giless—there were not many people in the street at the time the cap was snatched—I was going to Davis's aunt with him—I never went there before with him—I never went to a house with any girls before.
Johnson. You came up to us in George-street, and said you had 4d., and he had 4d. Witness. No—you came up to us, and took his cap.
Johnson. They told us to show them where we lived, and they would come on Sunday—they came home with us, and Smith said, "You have It.?"—he said, "Yes," and put it into her hand.
Davis about ten o'clock on Saturday night—I saw the prisoners from half-past nine till half-past ten, on the night in question, Friday, in Broad-street and in Church-lane together—they bad lived together for a week before they were taken—I believe they always associated together—I have seen them at different times before.
Cross-examined. Q. What time do you go off duty? A. Six o'clock in the morning—there are other policemen on duty in the neighbourhood Church-lane and Broad-street belong to my beat—I was on my beat this night from nine to six in the morning.
Johnsons Defence. They gave me the 1s.—I told them they were little brats, and they had better go home to their mothers instead of going with girls, and told them to go out—we both said so.
JOHNSON— GUILTY . Aged 18.— Transported for Fifteen Years.
SMITH— GUILTY . Aged 18.— Confined Two Years.
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 24.— Transported for Seven Years.—Penitentiary.
GUILTY .— Confined One Year.
GUILTY. Aged 18.—Recommended to mercy. — Confined Six Months.
OLD COURT.—Thursday, December 15th, 1842.
Second Jury, before Edward Bullock, Esq.
298. RICHARD MAHONEY was indicted for stealing, on the 6th of Dec., 3/4 yard of canvass, value 4d., 3/4 yard of calico, 4d., 1 3/4 yard of woollen cloth, 1l., 24 buttons, 1s.; and 6 yards of silk cord, 6d., the goods of Benjamin Prew, his master.
MR. CLARKSON conducted the Prosecution.
BENJAMIN PREW . I am an outfitter and tailor, and live in Aldgate, High-street—the prisoner was in my employ for about two months as cutter, at 30s. a-week and his keep—I have missed articles from time to time—on Tuesday evening, the 6th of Dec, while the prisoner was gone to tea, it eight o'clock, I examined his great coat-pocket, which hung in the cutting room—there was nothing in it then, and at nine, when he went in to supper, I went into the room again, his coat laid on the table, I found a piece of canvass and other articles in a sort of private pocket at the back of his coat—when he came from supper he put his coat on as usual, and was about leaving—I said, "You have something which does not belong to you"—he said, "Why do you think so?"—I said, "I am satisfied of it," and called a policeman in, who found these articles on him—he said he hoped I would forgive him, he had only got a coat ready cut out for himself—the policeman found on him a coat ready cut out, with buttons, trimming, and everything.
FREDERICK RUSSELL . I am a policeman. On the 6th of Dec. I was called in—I searched the prisoner, and found on him this piece of canvass in the lining of the back of his coat, and this piece of cloth and the other articles in his frock-coat, with trimings and silk cord—he wished to have his master
on one side to speak to him privately—he said he was very sorry for what he had done, and hoped his master would forgive him.
Cross-examined by MR. PAYNE. Q. Did not he say he was going to make it up for himself at home, and hoped Mr. Prew would forgive him?—A. Yes.
(The prisoner received a good character.)
GUILTY . Aged 37.—
299. RICHARD MAHONEY was again indicted for stealing, on the 5th of Dec, 2 yards of woollen cloth, value 1l. 3s.; 3/4 yards of canvass, 4d., 3/4 yard of calico, 4d., 1 waistcoat, 14s.; 1 pair of trowsers, 9s.; and 1 1/2 yard of velvet, 1l., the goods of Benjamin Prew, his master.
MR. DOANE conducted the Prosecution.
BENJAMIN PREW . On the prisoner being taken in custody on the 6th of Dec, I went to his lodgings in company with Russel the policeman, and found a woman at work there on a waistcoat—I found all the other property named in the indictment in a cupboard—I had seen them in my cutting-room the day before—he said, "That is the only things I took the night before," meaning a heading of cloth and a piece of canvass.
FREDERICK RUSSEL . I am a policeman. I accompanied Prew, and found the property at the prisoner's lodgings—the prisoner said the female there was his mother-in-law—when I saw him at the station he was going to tell about the cloth—I told him to say nothing—he said he had taken nothing more than this piece of lining the night before.
Cross-examined by MR. PAYNK. Q. Did not be deny all through that the black velvet waistcoat belonged to Mr. Prew? A. He did—he said some female had let him have it to make up for her—he said he had bought the stuff for the trowsers—I found these pieces of doth there—he said he took the heading of, cloth and lining, but the other things did not belong to Mr. Prew.
GUILTY. Aged 31.—Recommended to mercy, — Confined One Month.
Before Mr. Baron Gurney.
300. HENRY STANHOPE WINKWORTH, alias Henry Stanhope, alias Stanton, was indicted for stealing, on the 28th of Aug., at St. James, Clerk en well, 2 watches, value 34l., the goods of John Menzies, in his dwelling-house; and that he had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
MARY MENZIES . I am the wife of John Menzies, a watch-maker, and live at No. 4, Upper Charles-street, in the parish of St. James, Clerkenwell At the latter end of Aug. last year I had a bill in my parlour-window stating that apartments were to let—on a Thursday, at the latter end of Aug., about five o'clock, the prisoner came to look at them—the servant showed him into the drawing-room—I went up and found him there—he said that he wanted apartments, that he was a Dr. Stanhope, come home lately from India, and that be wanted to be quiet, as he was in a delicate state of health—I showed him the drawing-room and bed-room—he said he did not want a sitting-room to himself, that he would like to sit with the family—he was to sit with us, and to pay 15s. 6d. a-week—he staid about half an hour with me—I had an opportunity of observing his features, and I am sure he is the man—next afternoon, between three and four o'clock, he came again to look at the apartments, and to know if he could be quiet, as he was in such a delicate state of health—he decided on taking them, and said he would write to let me know when he would come—he was in the parlour that time—he
did not go up stairs at all—he was only with me a few minutes on that occasion—I received a letter at eight o'clock next evening, in consequence of which I expected the prisoner, but not that evening—I have not got that letter—I went out with my husband a little after nine that evening—I do not think we were out more than a quarter of an hour—I left no one but the servant Guilfoyle in the house—when I came back I found her at the door with the door open—when I went out I had left two gold watches on the mantel-piece in the parlour in little leather bags—I had seen them there just the moment we were going out—when I came back I missed them—I did not see the prisoner again till I saw him at Clerkenwell Police Court, about a month ago I think—I knew him again the moment I saw him—I said—"You are the Doctor Stanhope that stole the watches"—he said, "You are mistaken, I never saw you before."
Prisoner. Q. Was I pointed out to you, when you saw me at Clerkenwell? A. No—you were not alone—you were in a room with the policemen—I knew you the moment I saw you, by your features and eyes, that you were the person who came to take the lodging sixteen months before—I went to Margate with my husband, and a person named Logan—I had known Logan about three weeks before—he came to our house, and asked for a person named Stanhope, and I said, "Yes, it is the person who stole the watches"—he said a person answering the description was at Margate, and I went there to look for him—I did not find him there—Mr. Logan paid part of my expenses there—my husband paid them back—Mr. Logan has called on us at different times—I should have known you, if I had met you among a hundred men.
ELIZA GUILFOYLE . I am the wife of Patrick Guilfoyle, and live at No. 10, Rose and Crown-court, Islington. In August, last year, I was in the service of Mr. and Mrs. Menzies—I know the prisoner perfectly well—I remember his coming to look at my master and mistress's apartments, in August last year—I opened the door to him—he asked, "Are there apartments to let?"—I said, "Yes," and showed him into the drawing-room—I went and told Mrs. Menzies, and she went up stairs to speak to him—on the Saturday night after, I remember master and mistress going out to market—they had not been long gone, for all I had done was to go up and turn one of the beds down, when I heard a double knock at the door—I answered the door, and it was the prisoner—he asked me, did my mistress tell me that the doctor was coming to lodge there—I said, "Yes," and showed him into the parlour—he said he had come from the country, that he was very hungry, and wished his supper, and told me to get it—I went down into the kitchen to fetch up the waiter with his supper when I came up he was gone, and the street door was open about a foot—I cannot say how long I was gone, I think not more than five or six minutes—when I let him in, I shut the street door—he had a little black dog with him, but no luggage or any portmanteau—I did not open the door wider till master and mistress came back—I was at the door then—the cheesemonger's boy came to the door—no person but the prisoner had been to the house during my master and mistress's absence—the cheesemonger's boy did not come into the house.
Prisoner. Q. You state when you came up, you found the boy at the door? A. He came afterwards—the door was open when he came—he knocked, just as I laid the waiter on the parlour table—I had not the door in my hand—I had not shut the door—I do not think the boy had time to come into the parlour—I cannot say the very time you went out—I do not think it was above a quarter of an hour from the time master and mistress
went out, till they returned—I was not with Mr. Menzies when she saw you at Clerkenwell—I was waiting in the passage—I was not speaking to Mrs. Menzies—she saw you before I did—she said she had seen you—I identified you of ray own knowledge—I knew you perfectly well—I saw you in the parlour for about five minutes, and you asked me a great many questions about Belfast—I have not seen any picture or print of you that I should know—a picture was shown me, before I saw you at Clerkenwell Court—when I saw the picture, I said, I did not know you by the picture, but I should know you by seeing you yourself.
MR. CLARKSON. Was that the picture they showed you of him? (producing one.) A. Yes.
Prisoner. Q. Who showed you the picture? A. Mr. Logan.
GEORGE DEVERELL . In June, 1841, I went into the service of Mr. Crump, a cheesemonger in Goswell-road—he served Mr. Menzies—I recollect going there one night about ten o'clock—I do not recollect the month it was in—I think I had been at Mr. Crump's about two months—when I got there the door was closed—I cannot tell whether it was catched or not—I knocked at it, and a female servant came to the door—I cannot say who she was—I did not go into the house at all.
MARY MILLER . I am single—I lived at No. 3, Mary's-place, Peckharm, New-town. I know the prisoner—he called upon me in Sept. last year—I cannot tell the day—we went out together, and he gave me a watch to pledge for him—it bad the appearance of a gold one—he said his father had come to town, that he wished to make an appearance, he had not money, and he wished to raise money on this watch—he told me his name was Stanhope—I bad known him some time—in consequence of what he said to me, I pledged the watch at Mr. Filmer's, in the Walworth-road in my own name, for I think 5l., but I cannot exactly say—I gave the money and duplicate to the prisoner—I should say there was a glass to the watch, but I had it in my hand a very short time—the dial was gold—I pledged another watch for him, not at the tame time—I cannot say how long afterwards—one was in Sept., and the other I think in Nov., both in the last year—I pledged one at Turner's—I do not know whether it was the first or second one, and the other I pledged at Filmer's—I pledged hoth in my own name—the second one had also a gold dial—the prisoner had a little black dog at the time I knew him—I believe it was a valuable one—he told me when I pledged one of the watches that he had an allowance from his father, that his father had stopped that allowance, that he wished for money to go to the Isle of Wight, and this watch was Merely a temporary thing till he got his money—I gave the pawnbroker directions to put my own name on the duplicate of the one pledged at Filmer's—I said, "You had better put the maker's name on"—the prisoner said it was a valuable watch, and I thought if I did not take it out, it would be all right, not being accustomed to such things—I gave him the duplicate and money—he took the duplicate, read it, and said, "You have pledged this in your own name and the maker's"—I said, "Yes"—he said, "Quite right,"—folded it up and put it into his waistcoat pocket.
Prisoner. Q. How do you know that the watch pledged in Sept., might not have been redeemed, and the same watch given you again to pledge in Nov.? A. I cannot swear to that, but I pledged, as I considered, two watches—it was in the evening when I pledged it.
MR. CLARKSON. Q. Do you recollect, when you pawned the second watch whether he said anything to you about the first? A. No—he name no remark.
JOHN NEALE . I am shopman to Mr. Filmer, a pawnbroker, in Kennington-road. I produce a gold watch, pawned on the 29th of Sept., 1841, in the name of Miller, for 6l. 10s.—we usually write the maker's name on the duplicate—I suppose I did it on that occasion, but I do not recollect, it is too long ago—I have the counterpart of the duplicate—the other one is not forthcoming—it was pledged by a respectable looking female—it is too long ago to recognise her features.
Prisoner. Q. Who called on you respecting the watch first? A. The officer, about a fortnight or three weeks ago, in company with Mr. Logan—Mr. Logan requested me to look back as far as September, and see whether I had such a thing—I did not hear him say he would give 1, 000l. to transport you, or any thing of the kind.
JOHN MENZIES . This watch is my property—I went out with my wife on a Saturday night at the latter end of August last year—this was one of two watches which were on the parlour mantel-piece at that time—we returned in about a quarter of an hour, and missed both—they were worth about 35l.—this is not so valuable as the other—it is worth about 12l. or 14l.
Prisoner. Q. Have the expenses of this prosecution been defrayed from your own pocket? A. Not entirely, partly by Mr. Logan—I have received no money from him—he gave me information about the property, and kindly offered me the use of his purse as well—he did not promise that if I would prosecute he would defray the expenses—he has promised to defray part of the expenses of the prosecution—I have no recollection of his saying that every effort should be made to transport you, or words to that effect.
Prisoner's Defence. It is a combination of other parties against me; Mr. Menzies is not the real prosecutor, but merely the nominal prosecutor; he said before the Magistrate that his expenses were paid to Margate; that he wished to go there once, but he did not wish to go a second time; Logan called on him repeatedly to go a second time; I was given into custody there on this charge, and detained two days; the Magistrate sent up to Mr. Menzies to come down; he declined coming, and said he did not wish to be troubled any more about it; Logan came down with an officer, and took me by violence after I was dismissed on the charge there; I was dragged on to Canterbury, and from there to London; he sent, in the morning, to Mrs. Menzies, who has been very well tutored by Logan; he had called eight or ten times on the Menzies before Mrs. Menzies was brought to me; I was pointed out to her, and asked, "Is that the man?" and she said, "Yes, that is the man that stole the watches;" she was asked before the Magistrate how she knew that; she said she was told by her servant; the servant made a similar statement; I was pointed out to the servant in like manner; it is entirely a conspiracy against me by this party; this is the sixth time I have been given into custody within the last sixteen months, and dismissed; I was tried at this Court before on a similar charge.
CHARLES HAYWARD HUGHES . In the year 1836 I was a constable—I know the prisoner—I produce a certificate of his conviction—I was present at his trial for stealing three watches of James Stafford, of No. 9, Gainford-street, Islington, he was sentenced to be transported for life—he is the man—(certificate read.)
GUILTY . Aged 39.— Transported for Life.
(There was another indictment against the prisoner.)
Before Mr. Baron Alderson.
301. WILLIAM ALLEN was indicted for burglarious breaking and entering the dwelling-house of Richard Hirst, about one in the night of the 3rd of December, at the hamlet of Ratcliff, with intent to steal, and stealing therein, 1 coat, value 15s.; 1 waistcoat, 5s.; and 1 pair of trowsers 17s.; his property.
ROWLAND HIRST . I am the son of Richard Hint, who keeps a house, No. 13, in Wharton-street, in the hamlet of Ratcliff. On Saturday, the 3rd of Dec., I went to bed, leaving my clothes on a sideboard in a room on the ground-floor—my mother was the last person in that room—when I was there were window was down, and the shutters, which are outside, fastened for the night—the window was not fastened, but was down—it is a sash window—I went to bed about half-past eleven or a quarter to twelve o'clock, and these were the clothes I took off—I got up next morning about half-past nine or ten—the shutters had been then opened, and I missed a coat, waistcoat, and trowsers.
PHILIP KELLY . I am fourteen years old, and live in Wharton-place. I have known the prisoner about two years—I saw him on this Saturday night between half-past one and two o'clock—I have a place at a public-house, and when it closes on Saturday night I am obliged to do the tap-room up and other jobs, which keeps me there—I saw the prisoner at the corner of Wharton-place—he said, "Have you seen a man named Jop?"—I said, "No, I have not"—I do not know Jop—he then proceeded across the road to his companions, and said, "It is all right"—I saw three persons with him at the corner of Dunstan-place—I then went towards home, and going by the prosecutor's house I saw a man at the shutters of the front room ground-floor—the shutters were partly open—the man had his hand up to the shutters, and something white across his arm—when I came up he put his hat across his eyes, crossed over, and be and another went up School-house-lane—I cannot say that was the prisoner, it was so foggy—it was about five minutes after I had seen the prisoner—I went home to bed.
Prisoner. He said at the station that I was not the man at the window, nor the one who joined him. Witness. I said I could not say whether it was him or not that went up School-house-lane—this is my deposition—it was read over to me—(the witness's deposition being read, stated, "I did not see the prisoner join the other man—he is not one of the two that went up School-house-lane")—I suppose that is a mistake.
Prisoner. I was standing opposite Wharton-place, not at the corner—I laid to him, "Bis.; is that you?" and he said, "Yes."
JACOB PHILLIPS . Last Sunday week, between nine and ten o'clock in the morning, the prisoner came to my shop, and said, "I thought my old woman had been here"—he went out again, came in shortly after with his wife or his woman, with a child in her arm, and a fustian coat on the other arm—the prisoner offered to sell it—I asked 4s. for it, and offered him half-a-crown—he went away, and would not take it—he came back with his wife, and she said, "You shall have it—if I was not distressed I would not tell it"—I gave him half-a-crown for it—the policeman came to my house at nine on Monday morning, and I, delivered the coat to him.
CHARLES POTTER . I am a policeman. I apprehended the prisoner on Sunday night—I told him I wanted him for the robbery in Wharton-place—he said he knew nothing of it—I found the coat, on Monday morning, at Phillips's.
R. HIRST re-examined. This is my coat, which I lost from the table that night—I gave 25s. for it twelve months ago—it is worth more than half-a-crown.
Prisoner's Defence. I found it about three o'clock in the morning, behind a night-cart—I stated this at the office.
(At the prisoner's request, a statement made by himself before the Magistrate was read, which represented that he had found the coat laying behind a cart,
and took it home; that he afterwards went up Ratcliff-highway to inquire for an owner, and saw four policemen.)
GUILTY .— Transported for Ten Years.
Before Mr. Baron Gurney.
302. ROBERT ALLEN was indicted for breaking and entering the dwelling-house of Mark Flood, on the 26th of Nov., at the hamlet of Ratcliff, and stealing therein, 1 blanket, value 4s.; 1 counterpane, 10s.; 1 bolster, 6s.; 2 sheets, 5s.; 3 pillows, 10s.; 1 curtain, 6d., I night-gown, 1s.; 1 cap, 4d., 1 bolster-case, 6d., and 3 pillow-cases, 18d., his goods: and DEBORAH HAWKINS , for feloniously receiving the same, well knowing them to have been stolen.
CATHERINE FLOOD . I am the wife of Mark Flood, and live in the hamlet of Ratcliff. On Saturday, the 26th of Nov. I left my front-parlour between five and six o'clock, and went into the back-room on the same floor—I returned about a quarter to six, found the window open, and the articles stated gone—the bed was stripped—I am sure I had shut the window down, but it was not fastened.
WILLIAM LEE (police-constable K 268.) I received information, and apprehended the prisoner Allen in a public-house in Brook-street, Ratcliff, on Sunday night, the 4th of Dec.—I took him to the station on suspicion of another robbery—I then went to No. 6, Paul's-buildings, Ratcliff, with Taplin, another officer—as we came up to the door Hawkins came up—I asked if she lived there with Robert Allen—she said she did—I said I wanted to search her room—I went up with her and Taplin, and on a line in the room I found this night-gown—I asked how long she had had it—she said, "A long time"—I looked in the bed, and saw the sheets, pillow and case, and other things—I had a list of Mr. Flood's things at the time—I asked how long she had had those things—she said she had bought them—I said, "Can you tell me where?"—she said, "Here, in the room"—I asked if some one brought then for sale to her—she then said that she did not buy them, but that her husband bought them of a young man one day when she was out—I left her in the room with Taplin, and went to Mrs. Flood, who came and claimed the things—I then took Hawkins with the things to the station where Allen was—I told him I had brought a lot of things from his house which had been stolen, and that his wife said he had bought them of a young man in the room—he said, "I did not steal them, I bought them last Thursday up the lane; that is all I have to say about it."
WILLIAM PUGH . I live in Elizabeth-street, Dorset-street, Ratcliff. On the last Saturday evening in Nov., about six o'clock, I was coming home with some grocery, and by the railway I saw two boys running with a great bundle between them—one of the boys was about seventeen or eighteen years old—I do not know either of them; it was so very dark I could not see their faces—they were abort forty yards from the prosecutor's house, coming as from Stepney-causeway—that does not lead from the prosecutor's—they were going at the side, not going by it—about ten minutes afterwards my mother sent me out for some bread, and as I came back I saw another boy at the same place, by the railway, with a blanket rolled under his arm—it was a person about the same size as Allen.
MARY HURLEY . I live in Ball's-buildings, Ratcliff-cross; the two prisoners took a room of me. Last Saturday fortnight I was waiting for my husband to come home, and at six o'clock in the evening I saw Allen pass my door with a bundle on his back, going through the passage—he took it up stairs into the back-room, which was his room—I also saw Hawkins with a
bundle under her cloak, which she took up stairs into the hack room—Allen's brother (the prisoner last tried) came in a few minutes after, and the prisoners had then gone out—the following week I went to their room to borrow a broom; I knocked at the door, it went open, and I saw the two prisoners emptying a feather bolster into a tick, and the feathers were flying out—I said, "Mrs. Allen, you are very busy."
MRS. FLOOD re-examined. I have looked over all these things; they are all I lost, except the blanket and quilt, which are not here—some of the feathers have been emptied out of my bolster and pillows.
Alien's Defence. On the night of the robbery I was at Mr. Ramsay's, at the top of Old Gravel-lane, from twenty minutes after five till eight o'clock; I went home to get some money to get some supper, and returned back to Mr. Ramsay's, where I stopped till eleven; I bought the things on Thursday, up the lane, for 11s.
Hawkins's Defence. All that Hurley says is false.
ALLEN— GUILTY . Aged 19.
HAWKINS— GUILTY . Aged 23.
Transported for Ten Years.
Before Mr. Baron Alder son.
THOMAS CUFFLEY . I am fourteen years old, and live in Elder-walk, Lower-road, Islington. Last Monday week I was picking cinders there—the prisoner lives in Elder-walk, and goes out washing, I believe—I saw her come out after a boy who had been teasing her, I do not know his name—she was very angry, and was running after him with a chopper in her hand, trying to catch him, but he got away—I was standing on a dust-heap—I had not been teasing her, or doing anything—she came and leaned over a fence which was between me and her, and without speaking, hit me over the head with the edge of the chopper—it was a hard blow, it made my head bleed very much—she then ran away.
Prisoner. This lad has four times rushed on me in the street to rob me; he is the most notorious character in the Lower-road; I never saw the chopper; it was he that was teasing me. Witness. It was not, the was running after another boy.
JAMES WITDICKS . I saw a boy teasing the prisoner, it was not Cuffley, he ran away, and she after him, with the chopper in her hand—when she could not catch him, she went and leaned over the fence, and hit Cuffley across the head with the chopper—she then ran up the court with the chopper, and went into an oil-shop with it, and came out without it—she then ran into a baker's, took up a knife, and threatened to stick me through with it.
Prisoner. He is one of the party that wanted to rob me along with Cuffley. Witness. I did not.
GEORGE TURFREY . I am shop-boy at the oil-shop. We keep our shutters behind the door in the passage—as I was putting up the shutters, on the night in question, I found this chopper there—I gave it to my master.
THOMAS WITHERS . I am a policeman. I received this chopper from Mr. Waite, the oil-man—I took the prisoner, and told her it was respecting chopping the boy's head—she said she wished she had murdered the b—, and repeated it several times.
Prisoner. I do not know what I said, I was in such a passion; they are such a notorious set of characters. Witness. She complained when I took
her, of the boy's attempting to rob her on the Saturday previous—she never complained of them to me before.
NATHANIEL HENRY CLIFTON . I am a surgeon, and live at Islington. I saw the boy's head—it was a severe wound—not immediately dangerous, though we expected dangerous consequences from it—it was an incised wound, and went through the hair and scalp—it must have been inflicted with considerable violence—this chopper is just the sort of instrument that would have done it.
Prisoner's Defence. He stopped me to rob me, and I threw him against a brick-wall, which I believe caused the cut on his head; I was making my way to the station to give him into custody, but instead of that, they took me; all the neighbourhood are constantly complaining of his snatching things out of their hands as soon as they get out of their doors; I cannot walk the streets for him; and he is always throwing stones and bricks, and breaking my windows; they are a combined set of thieves, who will swear for one another; the police well know that the whole neighbourhood are constantly complaining of Cuffley and his gang.
GUILTY. Aged 43.—Recommended to mercy. — Confined Six Months.
Before Mr. Baron Gurney.
304. CHARLES DONOVAN was indicted for breaking and entering the dwelling-house of William Powell, on the 3rd of Dec, at St. Anne, Lime-house, and stealing therein, 1 gown, value 7s.; and 1 pair of trowsers, 2s.; his property; and 1 bed, 7s., the goods of John Ralph; and that he had been before convicted of felony.
WILLIAM POWELL . I live in Pheasant-court, St. Ann's, Limehouse, and keep the house. On Saturday, the 3rd of Dec., I was in my back parlour—I had been in the front room half-an-hour previously—when I left it I shut the door—there was no lock to it, and I fastened it with a rope to a nail—between seven and eight o'clock in the evening, I observed, through a glass partition, a light in the front room—I had left no light there—I immediately ran into the front room, and found the door open—there was no light then, but there was a strong smell of lucifer-matches—I called for a light—my wife brought one—I looked about—my brother-in-law ran out in pursuit of another party, and on his return I found the prisoner behind the door of the front-room—he flew out on me—with some difficulty I got him down, and he then pretended to faint away—I missed a gown off the bed-post, and a pair of trowsers from a box in the fire-place, which I had seen safe about half-an-hour before—I found the trowsers close to the door, rolled up with a sailor's bed of my brother's, ready to take away—I asked the prisoner what he had done with the gown—he said, "I have given the gown to a man named Fagan, who is dancing at the Crown, in Ratcliff; I will give you any money to let me go, and if you doubt my word, you shall keep my clothes till I return it—I sent for a policeman and gave him in charge.
Prisoner. He did not catch me behind the door, it was in the passage. Witness. He was behind the room door.
JOHN RALFH . I was sitting with my brother in the back room, and saw the light in the front room—I followed my brother to the front room, and saw a person behind the street-door, who ran out—I ran after him—he got away—as I came back, I saw the prisoner's brass buttons shining behind the door—I called out, "There is somebody behind the door"—we opened the door, and he attempted to strike us.
Prisoner's Defence. The woman drew the box of lucifers in her hand, and laid them there—they knocked me about terribly.
GUILTY . Aged 18.— Transported for Life.
Before Mr. Baron Alderson.
305. GEORGE THOMPSON was indicted for breaking and entering the dwelling-house of Joseph Smolt Sraalley, on the 5th of Dec, at St. Mary, Islington, and stealing therein, 1 boa, value 10s.; 2 tippets, 1l., 3 bonnets. 8s. 6d., 1 counterpane, 4s.; 1 blanket, 4s.; 1 sheet, 2s.; and 1 pair of sleeves, 1s.; his goods.
ALICE SMALLEY . I am the wife of Joseph Smolt Smallty, a watchmaker, and live at No. 16, Spencer-street, in the parish of St. Mary, Islington. On Monday, the 5th of Dec. I left my parlour, leaving the top sain of the window two or three inches open—the bottom sash was down—I returned in half-an-hour, and found the bottom sash wide open—I missed the articles stated, which are worth 2l.—I saw them again that same night.
DAVID WILLIAM BROOKS . I live in Pleasant-row, Islington. Last Monday evening se'nnight, between six and half-past six o'clock, I was on the footpath near my house, about 300 yards from the prosecutor's house—I saw a roan standing still on the footpath, with a largo white bundle about a yard round—I cannot swear to the prisoner being the man, or whether he is like him—it was between dark and light—he asked me if there was a thoroughfare, and the name of the place—I told him—he said he had tumbled down, and broken his knee.
JOHN MEREDITH . I am a policeman. Last Monday se'nnight, about half-past six o'clock, I was going up Pleasant-row, and met the prisoner—I had known him for six or seven months—he had nothing with him at that time—I asked his business there—it was no thoroughfare—he said he had been on a message to No. 9 in that row, that he had fallen down, and had like to break his knee—he was rubbing his left knee with his hand at the time, and I saw that his trowsers were torn—I was quite close to him—I stopped him, and then let him go as he had nothing with him—he was able to run after I let him go—I went between thirty and forty yards further, and found the bundle lying on the footway, between Nos. 10 and 11—that was in a direction from which the prisoner was coming.
Cross-examined by MR. PAYNE. Q. What sort of a night was it? A. A foggy night—I looked at his knee, and am quite confident his trowsers were torn—I could not see his flesh—he did not run very fast.
D. W. BROOKS re-examined. I saw the man in front of our door, which is No. 11—the door was open, and I shut it in front of him, came out, and went away, leaving him there—I do not know what became of him after.
CHRISTOPHER NORTH . I am a policeman. I took the prisoner into custody on Monday night, between eleven and twelve o'clock, on a charge of drunkenness—I had heard of this robbery—I took off his shoes between five
and six next morning, and went with them to the prosecutor's premises—I found two foot-marks about a yard from the window, which had been partially left open—they were marks of a right and left foot—there was the impression of three nails in the right foot, and I found three corresponding in the prisoner's right shoe—the mark of the left foot also corresponded with his left shoe, and they were the same size—I measured them—according to my judgment those two foot-marks corresponded with the prisoner's two boots.
Cross-examined. Q. When was it you made the measurement? A. Just before eight o'clock next morning—it was light then—it is an open street—I put the shoe into the mark.
COURT. Q. Did you examine the foot-marks before you did so? A. I did, and saw those three nails before I put it down—the shape was exact when I put it in—I did it softly—it was soft mould—it is a front garden, with shrubs in it—I observed this ridge across in the left mark before I put the shoe in it—the left shoe has one nail in the centre, and there was a mark of that.
MRS. SMALLEY re-examined. This bundle contains all I lost.
SARAH CHATTELL . I am servant at No. 9, Pleasant-row. I was at home on Monday evening from four till eight o'clock—I usually attend the door—there was no one else to do so at that time—no one came there with a message.
Cross-examined. Q. Who lives in the house? A. Mr. and Mrs. Sebbon—no other person—master and mistress were both at home in the evening.
COURT. Q. They do not answer the door, I suppose? A. Not unless I am out—I was not out.
(William Taylor, bootmaker, 195, Whitecross-street; John Smith, bootmaker, Memell-street, Old-street; and William Rawlins, shoemaker, Britannia-row, Islington, deposed to the prisoner's good character.)
GUILTY of Stealing only. Aged 22.— Judgment Respited.
306. HANNAH HOPKINS was indicted for stealing, on the 10th of Nov., at St. James's, Clerkenwell, I looking-glass and frame, value 1l., 2 gowns, 1l. 10s.; 1 bonnet, 14s.; 1 scarf, 3s.; 3 petticoats, 10s.; 1 tippet, 2s. 6d., 1 shawl, 3s.; 6 caps, 10s.; 5 collars, 5s.; 1 pair of boots, 1s.; 2 tea-cannisters, 5s.; 1 tumbler, 6d., 1 mustard-pot, 6d., 1 snuff-box, 1s.; 1 pocket-book, 1s. 6d., 1 toothpick, 1s.; and 2 aprons, 1s.; the goods of Comfort Pike: 1 cloak, 3s.; 1 bonnet, 4s.; 3 frocks, 6s.; and 1 handkerchief, 2s.; the goods of Caroline Baker: and 1 shawl, 5s.; and 1 scarf, 2s.; the goods of Harriet Baker, in the dwelling-house of Elizabeth Blankley.
COMFORT PIKE . I am a widow, and live at No. 45, White Lion-street, in the house of Elizabeth Blankley, who keeps the house, and lives in the back-parlour—I occupy the back-room, two-pair—the prisoner came to lodge in my zoom on a Monday night, at the beginning of November—she was brought to bed in my room on Sunday evening—she has no husband—the baby lived two days and two nights, and then died—I took care of her while she was at my house—I pledged some of my things and a shawl of the prisoner's to pay for the child's burial—she got well about the end of Nov.—she gave me a letter, I think on the 16th, and told me to take it to No. 24, over the City-road, beyond the Eagle, and I should there receive 255.—I went, but could not find any such a name or number as she told me—I brought the letter back—when I went out I left her in my room, and when I returned she was gone, and I missed the articles stated in the indictment—most of them belonged to myself, and some to my two grand-daughters, Caroline and Harriet Baker—it was all the property I had—she stripped me out—there are many
trifling things which are not stated—they were worth 5l. altogether—I have recovered the glass, a frock, a cloak, a scarf, and Harriet Baker's shawl—I go out washing and charing, but I have been ill for twelve months.
MRS. PIKE re-examined. This is my looking-glass and other things—they are all mine, and are the things that were taken away on the 16th of Nov.—this is my shawl.
JAMES FOX . I am a policeman. I took the prisoner into custody last Thursday—she said the things she had taken were not worth 52.—she wrote a letter in the Police-court, stating that the remaining part, which was not found, were in the country at Whitchurch, at her father's house—I saw her mother last Monday at the police-court, and she said in the prisoner's presence that she had brought nothing at all, that there were no such things there.
Prisoner's Defence. I am guilty of the things which I pawned, but I never saw any more, and I do not believe she had such things; she was always complaining, and saying she had nothing worth 6s.; I pawned the things to take me home, as I had no money.
GUILTY of Stealing under 5l. value. Aged 21.— Transported for Seven Years.
NEW COURT.—Monday, December 12th, 1842.
Fifth Jury, before Mr. Common Sergeant.
MR. DOANE conducted the Prosecution.
JOHN POOL . I am in the service of Richard Marshall Phillips and Mr. Grover, lightermen and commercial agents, and live in Rood-lane. In the beginning of Nov. they bad a barge, called the Newberry, moored off Nicholson's-wharf—in consequence of instructions I went to the barge about half-past eight o'clock on the evening of the 7th of Nov.—I unbarred the hatchway, went to the cabin, came out of the door, and came to the hatchway again—there is a bar goes across, I locked it, and put the key into my pocket—I returned through the door, and went to the cabin again—there were nine chests of tea below, belonging to my master—when I had been there five or ten minutes I heard footsteps on the gunwale of the barge—I threw the cabin open, and went out by means of the door, and went round to the hatchway, where I found Riley unlocking the hatchway, and Williamson was on the cabin head—when they saw me they both went away, and jumped on to the cabin head of a barge which was alongside ours—Williamson returned, and said, "If you will let us have some tea, I will give you trebles" which means one-third—I said I had got no tea in the barge—Williamson said, "Yes, you have got nine chests"—I told him I should do no such thing—they went away—I afterwards told the foreman—one of them was taken the next night—neither of them had any right to be on board that barge.
Cross-examined by MR. PRENDERGAST. Q. You knew them before? A. Yes, by sight—I did not know the meaning of trebles then, but my master, Mr. Goodchild, has told me—he expected it was one-third, meaning I should have a part of it—the cabin head that Riley was on, was not the boat he belonged
to—Riley was on the cabin head of the next barge when this conversation took place—his father has two barges—I did not see either of them—I was not there in the day time—I know the Westminster boat—I did not see her—I went down to the waterside the next morning about half-past seven o'clock—I did not see four or rive of his barges close by ours—I cannot swear they were not there—they arc in the habit of lying there sometimes, and sometimes in the dock—I never had any quarrel with him—he smacked my face, but I took no notice of it—it was a month or two before—it did not hurt me—I was at one time in his father's employ—he was foreman over us at Mr. Phillips's—I was under him for a fortnight—that was two years ago—it was dark in the Newberry when I was there—I did not hear Riley say anything—Williamson spoke in a low tone—a person on the wharf could not have heard him—it was not exactly a whisper.
MR. DOANE. Q. Are you quite sure you saw the two prisoners on the Newberry? A. Yes—Riley could very well have heard Williamson say he would give me trebles I am sure—I have no ill feeling towards Riley.
THOMAS MIDDLEMIST . I am foreman to Phillips and Grover. I remember Pool being sent on board the Newberry on the evening of the 7th of Nov.—he told me what he had seen about nine o'clock the same evening.
JOHN EASTON TAYLOR . I am a lighterman, carrying on business in Lower Thames-street—Williamson was in my service as lighterman. On the evening of the 9th of Nov., about half-past seven o'clock, he came to my counting-house, No. 2, Lower Thames-street—whilst there he was taken into custody—I followed to the station shortly after, and on my return I saw Riley standing opposite our counting-house, at the corner of Pudding-lane—I looked at him, and he walked away.
Cross-examined by MR. PAYNE. Q. Did you know where Riley lived? A. I did not—his father lives in Rood-lane—it was three or four minutes walk from his own residence.
Cross-examined by MR. PRENDEROAST. Q. How long have you known Riley? A. From his childhood—he has borne a very good character up to the time he left me—his father has craft about Nicholson's wharf—Riley is employed about his father's craft.
MR. DOANE. Q. Had he any right to be on your barge? A. Not to commit the act he was about to commit—I have heard he was sentenced at the police-office to be flogged for stealing a box of fruit, or something of that kind.
(The prisoners received a good character.)
RILEY— GUILTY [Recommended to mercy. See original trial image.] . Aged 18.
WILLIAMSON— GUILTY. Aged 19.Recommended to mercy by the Jury — Confined One Year.
See First Session, pages 76 and 82.
CHARLES M'CARTHY . I live in Worcester-street, Southwark. On the 30th of Sept. the prisoner came and told me he was come from Ireland; and that his name was the Rev. Mr. Kavanagh—he asked me for money for building a chapel at Ballycanoe, in the county of Wexford—I told him we had a great many impostors coming from Ireland, I hoped he was not one—he said, "I hope you don't accuse me of being one; I am Catholic priest of Ballycanoe"—believing him to be the priest of Ballycanoe, and that he came from Ireland, I gave him half-a-sovereign, which he entered in his book—he had a man with him—who he said was a guide to show him about—I have since found out that he came from Liverpool.
Prisoner. Q. Did you ever see a letter from me to the Rev. Mr. Kavanagh? A. I did—I did not read it—I know there was something said about your having collected some money, and would transmit it to the Bishop—you entered the money at the door—I took you to my nephew, and to several other persons.
MICHAEL DILLON FITZGERALD . I live in High-street, Bloomsbury. The prisoner came to me, and said he was a Catholic priest of Ballycanoe, the Rev. Mr. Kavanagh, and he was building a chapel at Ballycanoe—I believed him—he called again, and I gave him 5s.—he wrote it down in a book—I am sure he represented himself as the Rev. Mr. Kavanagh.
BENJAMIN GEORGE HODGES . I am a distiller. On the 15th of October the prisoner came to me—his name was sent up to me as the Rev. Mr. Kavanagh—I went down, and said, "I cannot speak to you now, you must call another day"—he did come, and represented himself as the Rev. Mr. Kavanagh, from Ireland; and that he was making a collection for a Catholic chapel—I gave him this piece of paper, and he wrote, "Ballycanoe, sixteen miles from Wexford," and signed his name, "Henry Kavanagh"—I gave him a half-sovereign—I asked him several questions, where his credentials were—he said ho had none, as his funds were exhausted; he had no credentials from the Catholic Bishop of London, or from the Bishop of Birmingham, where he had been.
REV. EDWARD KAVANAGH . I am a Roman Catholic clergyman, and am priest of the parish of Ballycanoe. The prisoner has nothing to do with that place that I am aware of—he was not building a chapel—I nave not authorized him to collect any subscriptions—I have not received any money from him.
Prisoner. I Wrote to you, saying I understood you were about building a chapel, and I would be a very great instrument in collecting subscriptions? Witness. I recollect there was such a letter, but I treated it as a very doubtful one—I have seen a letter from the Bishop since I came to London—both the Bishop and I were convinced that you did not collect for the purpose of building a chapel—I have heard that you lived in my parish—your father lived there—I was not aware that you were going over on your father's affairs.
COURT. Q. What is the prisoner's name? A. Peter Hughes—I have a chapel of my own in progress of being built—I have Dot authorized him to collect subscriptions for it, nor to call himself the Rev. Mr. Kavanagh.
Prisoner's Defence. I have been ail my life assisting to build chapels; and hearing of this chapel, I wrote to Mr. Kavanagh, saying I would assist in it; he did not reply; I wrote to the Bishop. I commenced collecting for the Ballycanoe chapel. I told the Magistrate I had not spent one farthing, and what I collected I would hand over to the Rev. Mr. Kavanagh, I will give up the money at any time.
GUILTY . Aged 45.— Transported for Seven Years.
NEW COURT.—Tuesday, December 13th, 1842.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 40.— Confined Three Months.
GUILTY . Aged 25.— Confined Four Months.
HENRY BEES . I keep the King's Head, Orchard-street, Westminster. At a quarter past twelve o'clock, in the morning of the 7th of Dec, the prisoner entered the bar—she waited ten minutes or a quarter of an hour—I had occasion to go up stairs with some liquor—I returned in about three minutes, and she was walking out—I saw her back as I came down stairs—I had some money to put into the till—I went to the place, and the till was gone—I looked after her, but she was gone—I spoke to two policemen—she was brought back afterwards, and my till was found—it contained two shillings, a sixpence, some pence, and halfpence—no one had come in but her.
THOMAS DRAKES (police-sergeant B 6.) I produce this till—I found it in a house in Union-court, under the stairs—from information I received from Bees, I went in search of the prisoner—I saw her come out of a court adjoining the prosecutor's house, about one o'clock—she then turned down a street next to the house, and ran—I went after her, and fetched her back—the prosecutor identified her.
Prisoners Defence. He gave his evidence at Queen-square, that there were two men in front of the bar after I left, and that they were noted characters.
NOT GUILTY .
M'ALLISTER pleaded GUILTY .* Aged 14.— Transported for Seven Years.
WILLIAM TINDALL . I live in High-street, Wapping. On the 2nd of Dec, between seven and eight o'clock in the evening, I was in the parlour—my son called me—I went into the shop—M'Allister was there—he had four papers of halfpence—he laid them on the counter—I gave him a shaking, and sent him away—I then missed a fifth paper of halfpence—I sent my son after him—he went to the bridge, and brought both the prisoners back to my parlour—my son said, "Williams has got some halfpence in his pocket"—I desired Williams to put them on the table, which he did, and there were 5s. worth, but they were not in a paper then—I asked how he came by them—he said he had been playing at marbles in the court, and M'Allister came and threw the package of halfpence down; he picked them up, and put them into his pocket.
HENRY TINDALL . I saw M'Allister in our bar, coming round from behind our counter, with four bundles of halfpence in his arms—he had no business there—I saw Williams, who was outside, looking round the door-post, when M'Allister came from behind the counter—I then went after them, took them, and brought them back.
Williams's Defence. I was playing at marbles; M'Allister ran down the court, and threw the halfpence down; I picked them up; he wanted me to
give him some; I would not; then this man came; I was not at the door, it was another boy with a straw hat, who ran down the court with M'Allister.
WILLIAMS— GUILTY . Aged 16.— Confined Two Months.
RICHARD DORAN . I am a baker, and live in George-street, Pimlico. The prisoner was my servant—if he has received 6s. on the 29th of August, or 8s. on the 24th of October, he has not paid it to me, which he ought to have done the same day.
Prisoner. The prosecutor accused me of this nearly three weeks before he discharged me, and during that time he stopped 2l. 5s. of my wages.
GUILTY . Aged 31.— Confined Four Months.
THOMAS LOVITT . I am a builder, and live in King-square, Goswell-street. The prisoner was in my service—I have examined the lead produced by the policeman, and am sure it is mine—I have not the least doubt of it.
Cross-examined by MR. PEICE. Q. This is part of a pipe? A. Part of it is old service pipe—pipes resemble each other in appearance, but they are of different sizes—I swear this is mine—I have no particular mark on it—I put it where it was, and noticed it, and rolled it up—it was in the store-room, where I keep lead and other things—the prisoner was working on my premises, but not in the store-room.
COURT. Q. How long before it was brought to you by the officer had you seen it safe in your premises? A. The day before—I have not the least doubt about its being mine.
HENRY BEAN (police-sergeant G 16.) I produce this lead, which I took from the prisoner on the 7th of December—I asked him what he was going to do with it—he said, to take it to Whitechapel—I asked where he got it—he gave me no answer—I said, "If you cannot give me an answer I shall take you to the station"—he then took me to Wellington-street—he knocked at a door, but got no answer—I said, "Is this where you got it?—he said, "No"—he turned round the corner, to a dark place, and called out, Master, master, the policeman has got me"—I felt, and he was gone—I took him again the same evening.
Cross-examined. Q. Do you know Mr. Pick? A. Yes—I believe the prisoner Was once in his service—I believe him to be a hard working man.
(The prisoner received a good character.)
GUILTY. Aged 42.—Recommended to mercy. — Confined three Months.
JOHN BREEN . I am in the service of Dominique Soyie, who keeps a shoe warehouse in King William-street, Strand. On the 6th of Dec. I heard a crash at the window, and soon after the officer brought in this pair of boots, which are my employer's—I then missed them from the window, where I had seen them in the morning.
then went to the prosecutor's window—I observed that the window was broken, and I saw the prisoner take these boots—he came towards me—I seized him, and we struggled—he fell to the ground—I took the boots to the prosecutor, and sent the prisoner to the station by another officer.
Cross-examined by MR. PAYNE. Q. Do you mean to say you saw the prisoner do it? A. I did—I took him on the other side the way, opposite—I never saw him before.
GUILTY . Aged 21.— Confined Six Months.
THOMAS HARBY GILL . I live with my aunt, Margaret Waugh, in Whitechapel-road. These stockings hung inside the door on the 26th of Nov.—about a quarter of an hour after I had seen them safe they were brought by the constable—these are them—the ticket is on them.
Prisoner. Q. Did you see me hanging about your shop? A. No.
ALLEN PIPE (police-constable H 51.) Between eleven and twelve o'clock at night, on the 26th of Nov., I saw the prisoner and another lad, and a woman—knowing them, I watched them—they went to the prosecutor's door, and the prisoner made a snatch at something inside the shop, but did not get anything—he and the other lad then went to the woman again—they went to the same place near the door—the prisoner then made a snatch, and I saw he had got something, which he handed to the other boy—they then ran to a court—I followed, and came up with the prisoner—the other made his escape—I asked the prisoner where the things were that he took from the shop—he said he had got nothing—I said, "I saw you take something, either you or the other have got it"—I turned, and found these stockings oil the ground.
Prisoner. There was no female with me; you said the other pulled, and got them, and I took them. Witness. What I have said now, I said before.
GUILTY .* Aged 17.— Transported for Seven Years.
WILLIAM BURGESS . I live in Quebec-street. On the 6th of Dec, between eight and nine o'clock, I was looking at a house in Holborn—I missed my handkerchief—this is it, I am sure—I took hold of the prisoner, and accused him of taking it—he was standing at my right elbow—I saw the handkerchief lying at my feet—I stooped to pick it up, and the officer was doing the same thing.
Prisoner. Q. Did you see me take it? A. No, but I felt it.
GEORGE MAYOR BOND . I live in Gray's Inn-lane. I was coming out of the Castle public-house—I saw the prisoner throw the handkerchief out of his hand down by his feet—the prosecutor had partly hold of him at the time—I distinctly saw the prisoner drop it.
Prisoner. It is false; I never had it in my hand; he could not see it.
Witness. I was within three yards of you.
GUILTY . Aged 20.— Confined Nine Months.
Prisoner. Q. Do you say I stole it? A. I do not know—a little girl gave roe some information—I ran down the lane, but I saw no one—on the 3rd it was brought back to me.
Prisoner. He was always tormenting me whether I had ft ladder to sell Witness. I never asked him in my life—he was always asking me whether I would buy one—on the 25th he came to me as I was on my round, and asked if I wanted to buy a ladder—I said no—he said if I did, I should find it at No. 13, Church-row, Bethnal-green—I broke my ladder that evening, and went to Church-row the next morning—the prisoner said he got it honestly.
Prisoner's Defence. I bought it of a man who has gone to Sydney.
GUILTY . Aged 22.— Confined Four Months.
WILLIAM HILL . I am a cheesemonger, and five in Long-alley. On the 8th of Dec I was in my parlour at the back of my shop—I missed a piece of bacon, and went after the prisoner—I overtook him at the top of Long-alley, in Eldon-street, with it—this is it.
Prisoner's Defence. A boy chucked it on me as I was coming along.
(the prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
CHARLES THOMAS HANSON . I live in Great St. Helen's, and am an auctioneer. On the 5th of Dec, about ten o'clock at night, I was walking down Holborn-hill—I had been out to dinner, and had take too much wine—I met the prisoner—she put her hand into my trowsers' pocket, and took out three half-crowns and a small bunch of keys—I am sure she is the person—I gave information, and she was afterwards taken—these are the keys I lost—(looking at them.)
Prisoner's Defence. Yesterday week my sister had been out for a holiday, and she gave me a drop of drink—she gave me some money—my mother had been looking for me, and she said she saw the prosecutor at the end of the court—I know I had more money, but how I got it, I do not know.
GUILTY. Aged 30.—Recommended to mercy. — Confined One Month.
ELIZABETH BRANCH . I am the wife of John Branch, bookseller, of Theobald's-road. I was arranging the books on the 9th of Dec, and missed four printed books which I had seen safe at eleven o'clock the day before—these produced are them.
Prisoner. I bought them for 9d. of a man who said he wanted some victuals; Witness. He did not ask any price for them, and would not state how he got them.
(The prisoner received a good character.)
GUILTY. Aged 15.—Recommended to mercy by the Jury. — Confined Ten Days Solitary.
FRANCIS MANNING . I am shopman to Mr. John Pearson, shoemaker, Tottenham-court-road—on the 3rd of Dec. the policeman brought in this boot—I looked, and missed two—this is one of them—it has my private mark on it.
JOHN EASTON (police-constable S 193.) On the 3rd of Dec. I was on duty in plain clothes in Tottenham-court-road—I saw the two prisoners near Mr. Pearson's shop—I watched, and saw Pincott put his hand inside the shop-door, take the boot out, and give it to Wilson, who ran down Tottenham court-road, and Pincott staid back—I saw them join again at the corner of Bainbridge-street—I took them both, and found the boot under Wilson's coat.
Pincott's Defence. I never was near the spot.
Wilson's Defence. I picked it up.
(Wilson received a good character.)
PINCOTT— GUILTY . Aged 16.
WILSON— GUILTY . AGED 18.
Cross-examined by MR. DOANE. Q. I believe Mr. Cubitt's name is stamped on them? A. Yes—the prisoner has been in his service seven years, and conducted himself well—he has a wife and four children—his wages were 8s. 6d. a-day.
Cross-examined. Q. Are you sure he is the person? A. Yes—I know him well.
GUILTY. Aged 42.—Recommended to mercy by the Jury and Prosecutor — Confined Two Months.
NOT GUILTY .
NEW COURT.—Wednesday, Dec. 14th, 1842.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 19.— Confined Three Months.
328. BARNABY SMITH was indicted for stealing, on the 8th of Dec., 1 box, value 10d., 1 towel, 4d., 1 sovereign, 1 sixpence, and 1 half-penny; the property of Henry Burn, in a vessel in the port of London; to which he pleaded
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 25.— Confined Two Months.
GUILTY .— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOHN EATON (police-constable S 193.) On the 5th of Dec. I was in the New Road, near Tottenham-court-road—I saw the prisoners walking together—they went past the Adam and Eve public-house and stopped soon after—Sullivan put his hand into his right trowsers' pocket, and gave Dunn something—she ran across into the Adam and Eve, then came out—I went in and asked the landlady some questions—the showed me a bad sixpence—I gave it her again—I came out and followed the prisoners—they were then together in the Hampstead-road—I watched them as far as Park Village—I saw Sullivan give Dunn something again—she went into the Regatta public-house, came out and joined Sullivan—I watched them to Park-street and to Camden-town—I then saw Dunn leave them and go to Mr. Buss's shop, a baker in High-street—she came out—I went in and spoke to Mr. Boss—I looked into the till—there was but one sixpence, and it was a bad one—I gave it back to Mr. Buss—I then found the prisoners in Park-street, walking and talking together—I got another officer—I took Dunn, and he took Sullivan—I found in Dunn's hand one shilling and two sixpences—one of the sixpences was a had one—I put it into my left hand waistcoat-pocket, and gave the one shilling and sixpence back to her—I took them to the station—I searched Sullivan, and found on him 15s. 4d. in silver, and 2s. 7 1/2 d. in copper, all good—I did not lose sight of Dunn till she went into Buss's shop—I went to the Adam and Eve, and received a bad sixpence from Mr. Thompson.
ROBERT BUSS . I am a baker, and live in High-street, Camden-town—about five o'clock in the evening of the 5th, of Dec. Dunn came to my shop for a half-penny roll, and gave me sixpence—I gave her 5 1/2 d. change—I put the sixpence into the till—I had no other sixpence there—she said the was very ill, which took my attention from looking at the money—I took the sixpence out directly the policeman came in—it has never been out of my possession.
ELIZABETH THOMPSON . My husband keeps the Adam and Eve in the New-road—about four o'clock, on the 5th of Dec., Dunn came for a pennyworth of gin—I served her—she gave me sixpence—I gave her 5d. to change—I laid the sixpence on a recess in the bar, being in a hurry—there was no other sixpence there—the officer came in, and called my attention to it—I marked it, and kept it on a recess in a piece of newspaper—I afterwards gave it to the policeman on Tuesday evening.
Dunn's Defence. Sullivan is innocent; I met him in Camden-town; I said, "Can you tell me the nearest way to Oxford-street?" he said he did not know, I had better go into a shop and inquire; I was going and the policeman asked what I had got; I said, "What is that to you?" he took the money out of my hand, went to a lamp post, and said, "This is all good money;" he put it into his pocket, and pulled out a sixpence, and said, "This is a bad one, how many more have you got there.?"
Sullivan's Defence. I am in the habit of buying hare-skins; he took my money, and was about to put it into his pocket; I said, "You shall not
take my money, you shall mark it in my presence;" I got it from Petticoat-lane, where I sold skins.
DUNN**— GUILTY . Aged 27.— Confined One Year.
SULLIVAN— GUILTY . Aged 46.— Confined Six Months.
MARY ANN GRANT . I am the wife of Frederick Grant, a greengrocer, in Monmouth-street. On the morning of the 23rd of Nov., the prisoner came for a halfpenny-worth of onions—he gave me a half-crown—I gave him four sixpences—I was then counting the halfpence for the remainder, and he asked me to oblige him with larger change—I went into the parlour, and got 2s.—he met me at the door—I gave them to him—I was counting the halfpence—he said, "I have a halfpenny in my pocket," and gave me the half-penny—I gave him back his half-crown—he gave me 2s., and left before I had time to look at the shillings—immediately after he left, I looked at them, and they were not the same I had given him—one was bad—I put it in to a drawer by itself, where no other was kept—my husband gave it to the policeman.
FREDERICK JOSEPH GRANT . I am the witness's husband. On the 23rd of Nov., she gave me a bad shilling—I placed it in the drawer, and afterwards gave it to a policeman—on the 6th of Dec, the prisoner came and bought a bunch of greens, he gave me half-a-crown—I went into the parlour to get change, and gave him two shillings and 3d.—he said, "This change is not right, I ought to have 2s. 4 1/2 d."—I said the greens came to 2 1/2 d.—he said, "I will not have them"—he gave them back—I went into the parlour to get the half-crown—he gave me two shillings and 3 1/2 d.—I saw one was a bad shilling, which I had not given him, and sent for a policeman, and gave it to him.
Prisoner. Q. When you gave me 2s. what did I do with them? A. I saw something pass to your mouth, and I accused you of it immediately—I did not see you change the shilling—I looked at these two shillings before I brought them to you.
WILLIAM HOWARD (police-constable F 94.) I took the prisoner, and received a bad shilling from Mr. Grant—I afterwards received another from him at the station—these are them—I found nothing on the prisoner but 2 1/2 d. in copper.
Prisoner's Defence. I deny ever being near the place when the lady says.
GUILTY . Aged 21.— Confined Six Months.
JANE JOSEPHS . I am the wife of Mr. Josephs, who keeps a public-house in Duke-place, Aldgate. On the afternoon of the 17th of Nov. the prisoner came for a penny-worth of gin—he gave me a sixpence—I showed it directly to my husband, who sent for a policeman, and gave him into custody.
JOHN CLARKE (City police-constable, No. 680.) I took the prisoner at Mr. Joseph's, and received this sixpence from him—I took the prisoner before the Lord Mayor—he was remanded till the 21st, and then discharged.
WILLIAM WILSON . I keep the Bell-tavern, Aldgate. About twenty minutes before five o'clock, on the 29th of Nov., the prisoner came in front of the bar for half-a-pint of beer—he gave me a sixpence—I gave him changed—I put it in front of the bar—I cannot swear whether there was another sixpence
—I went and got the sixpence from the same place where I left it—Jane Pettitt was serving—she showed me another sixpence which the prisoner offered her afterwards—I ran round and said, "This is the rascal that gave me a bad sixpence"—I had the two sixpences—Mrs. Wilson came directly, put them in a piece of paper, and gave them to a policeman—I said, "That is the rascal that gave me the sixpence just now"—he said, "No such thing"—he sang out "Jem," and ran off—I ran after him—I took him—he said, "For God's sake let me go, I shall be transported or lagged."
JANE PETTITT . The prisoner came in on this day, and my master served him—I afterwards served him with half-a-pint of beer—he gave me a sixpence which I gave to Mr. Wilson—I saw the sixpence that Mr. Wilson had taken—they were both given to the officer.
MR. FIELD. These three sixpences are all counterfeit, and all cast in one mould.
Prisoner's Defence. I was not aware that they were bad.
GUILTY . Aged 33.— Confined Six Months.
GUILTY . Aged 25.— Confined One Year.
WILLIAM HORSFORD . About twenty minutes after eight o'clock, I saw the prisoner with two others in Oxford-street—they passed and repassed the prosecutor's shop—the prisoner looked in—one of the other boys went in, took the bottle, and gave it to the prisoner, who put it in his apron, and then put it in his trowsers.
Prisoner's Defence. I was walking up, and saw the bottle against the wall.
GUILTY . Aged 16.— Confined Three Months.
Cross-examined by MR. HUDDLESTON. Q. How long have you been in the force? A. Nearly three years—I was opining into the street, when I saw the prisoner—I followed, and overtook him in Judd-street, two or three hundred yards from Charlton-street—I lost sight of him three times—when I overtook him he was walking to meet me—I had never seen him before.
NOT GUILTY .
JONATHAN POPPY . I lire with my brother Thomas Poppy, in High Holborn. At half-past four o'clock, on the 5th of Dec, the prisoner came in, and was looking it some dresses placed on a chair in the lobby—I went to show them to her—in the mean time I was called into the shop, and she took one of the dresses from the chair—the officer brought her back with the dress under her arm—it is my brother's—this is it.
Prisoner. I beg for mercy; I want to go to the Penitentiary.
GUILTY. Aged 17.— Judgment Respited.
JOHN STEPHENS . I live at the Somerset Arms, Queen-street, Pimlico. My waistcoat was safe in a drawer in my room at three o'clock in the after-noon of the 5th of Dec. I missed it at half-past five—the prisoner had been lodging there six or seven weeks—this is the waistcoat.
Prisoner's Defence, I was at the Somerset Arms that day about four o'clock; I stopped there about an hour, and from there went directly home to my father's house; I was at my father's house by six, and then went to Chiswick.
HENRY DENNIS . The prisoner was in my company on Monday week from a quarter to seven till eight o'clock, at the George-inn, Chiswick—I am not related to him—we had appointed to meet that evening, as we are generally together—I am a cork-cutter—I do not carry on business now—I am an omnibus conductor—I have no omnibus at present—I have a little income from my wife's family—there were other persons at the George-inn—Thomas George was one—I know Hedley—he was not there—he was at his employer's. Mr. Burford's, a publican, at Chiswick—we met him there after we left the George, which was about eight o'clock—we staid there a very few minutes—I had nothing to drink at Burford's—we called there to see Fry's brother, a musician—he was playing the violin, and there was a dance there—I did not go up into the dancing-room—we both of us saw Fry's brother, and spoke to him—Hedley was not present then—I did not see him there—I saw him going out of the door—the prisoner spoke to Hedley—they had very few words together—I did not take notice—I am sure this was on a Monday—the 6th of Dec. was Monday—I am sure of that.
THOMAS HEDLEY . I am waiter at Mr. Burford's. I saw Fry on Monday night week, a few minutes before seven o'clock—I know it was before seven, because I had to go down stairs to wait on the club—Dennis was with him—I do not know what they had—they staid till twenty minutes before eight—they stood in the passage when I saw them—there was not room to sit down—there was a large club of persons employing themselves in paying money and drinking—they were doing nothing else that I know of—the prisoner's brother was in the tap-room playing the fiddle—I am sure of that—there was some dancing there.
MATTHEW KILLINGSWICKS re-examined. To the best of my belief the waistcoat was pawned about seven o'clock—the gas was alight—I have no doubt about the prisoner being the man—I am not certain about the time. (The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy, — Confined Two Months.
THOMAS WILKINSON . I am a bricklayer, living in Mile End-road. On Saturday, the 3rd of Dec, I put these articles safe—on the Monday I was sent for to the station, and found them—these are mine—(looking at them.)
CHARLES HAMNISETT (police-constable K 151.) On Monday I was sent for by Mr. Voller—he gave the prisoner in charge, and said he suspected the trowel to be stolen—I took him to the station—he said he picked it up among some dirt in Mr. Charlton's field—I found on him the two pins and this line—I found the staple of the place where the tools had been was drawn.
JOHN VOLLER . I am a bricklayer. On Monday week the prisoner came with nine or ten boys—he offered me this trowel for 9d.—he told me he found it in Charlton's brick-field—I found the prosecutor's place had been broken open—it is about half-a-mile from where I live.
GUILTY . Aged 13.— Confined Four Days, and Whipped.
THOMAS THOMAS . I am in the employ of Charles Scott, of Plumber's-row, City-road. On the 3rd of Dec. some one came in, and gave me information—I looked about, and missed 200 yards of glazed cotton which I had seen safe about ten minutes before five o'clock—I went in search of the prisoner, and found him in Old-street-road with this parcel on his shoulder, wrapped in brown paper, and his apron over it—these are my matter's property, and what I lost—I found him from five to eight minutes after they were lost.
Prisoner's Defence. I was crossing Bath-street; I was overtaken by two persons who asked me to carry the parcel; I went a little way; they were behind me; Thomas came, and took me; they were not a stone's throw behind me when I was crossing.
GUILTY .* Aged 20.— Transported for Seven Years.
JAMES SUMMERS . I am the mate of the schooner Syren, lying in the London Docks. On the 8th of Dec. I saw the prisoner lift this dipper from cask, and cut the languard, conceal it by his side, and walk on shore—I told the shipkeeper—I am sure the prisoner is the man.
WILLIAM TERRY . I am shipkeeper of the Syren. William Newsom is the commander—I was in the cabin, I ran up, and saw the prisoner walking on shore with the dipper—I called out, "Stop thief"—he walked through a ware-house, and threw the dipper among some tallow casks—this is the dipper.
GUILTY . Aged 63.— Confined Three Months.
WILLIAM CHINAN . I am shopman to Richard Chidley, a cheesemonger in Whitechapel-road. On the 17th of Nov. I received information, and missed a cask of pork—I ran down the street, and saw two men rolling it—one was a short man—I cannot swear to the prisoner—the other man I could—we had the barrel of pork here last Sessions—this prisoner was not in custody then.
Cross-examined by MR. WILD. Q. What time at night was this? A. Five minutes after eight.
others go up the road—I watched them—I left Wells and Shaw standing within three or four doors of Mr. Chidley's shop—I afterwards heard that the pork was taken—I am sure the prisoner was with Shaw—I have been after him ever since, but could not find him.
EDWARD HENRY TURIN . On the 17th of Nov. I was standing at my master's door at live minutes before eight o'clock—I saw the prisoner roll the barrel of pork from Mr. Chidley's door—he rolled it round Court-street, and then Shaw helped him.
Cross-examined. Q. Did you ever see the prisoner before? A. I knew him by sight.
(---- Cooper, timber-merchant, and Samuel Cannon, auctioneer, gave the prisoner a good character.)
GUILTY .*— Transported for Seven Years.
RICHARD BURTON . I am in the employ of Henry Kirk, a vender of artificial ice; he lives in Cockham-terrace, St. John's-wood. On the evening of the 5th of December the prisoner was at work with me there—I missed him—when the policeman came we missed this piece of canvass from a little room when the gentlemen put their skaites on—I put both pieces together—this is it, it is all over ice, where these marks of blue spots are—this was laid on to keep the spots of rain from coming from the ceiling—I have no doubt of its being my master's—there were four other men working there.
Cross-examined by MR. PAYNE. Q. What do you know it by? A. I had packed it up—we used to lay this and a fellow piece down.
WILLIAM ROSS (police-constable D 157.) About half-past eleven o'clock on Monday night, the 5th of Dec, I met the prisoner in Dorset-square, Marylebone, with something under his arm—I said, "What have you got?"—He said, "It is all right, you know me, my name is Jackson"—I said, "Yes, but I must know what you have got"—he said, "Only a bit of stuff the man gave me to make an apron"—I took him to the station—he said would I let him go, or I should be the means of hindering him from getting work.
GUILTY .* Aged 52.— Confined Six Months.
HENRY SANDFORD . I live in Providence-place, Kentish-town; the prisoner was in the habit of coming to nurse my wife. In consequence of circumstances, on the 9th of December I marked some sovereigns and shillings—I put them into my box—I afterwards came down and charged her with stealing some—she said she was innocent—I got an officer, and sent her to the station—two of the marked shillings were produced.
Cross-examined by MR. PAYNE. Q. HOW lately before had you seen them? A. An hour and three-quarters—I had put them into the cash-box, in the drawer up stairs—I have known her about fourteen years—I lost 10s. the first time, nearly three months ago—the other was a new half-crown and a new shilling—I never offered to compromise the matter if she paid me a certain sum.
RICHARD DANIEL (police-constable S 12.) I took the prisoner—she gave me these two shillings—she said she was quite innocent, she had only two shillings in her possession, and that she brought from home.
Cross-examined. Q. Did the prosecutor recognize these shillings when they were first shown to him? A. Yes, he did.
GUILTY. Aged 52.—Recommended to mercy. — Confined One Month.
CHARLOTTE HEMINGWAY . I am the wife of John Hemingway; I occasionally employed the prisoner—on the 8th of December she left me—I missed five table-cloths, a shawl, handkerchief, and necklace—these are them.
GUILTY .* Aged 20.— Confined Six Months.
RICHARD OLDAKER . I live in Homer-street, Marylebone. About three o'clock on the 9th of Dec. I saw six persons coming up in one side of the street, and the prisoner and another on our side—I taw them with some brushes, and I watched them—six went round the New-road, and the other two went another way—I ran up Chapel-street, and saw the prisoner showing the other the three brushes—he saw me, dropped them, and ran away—I took up the brushes, ran, and took him—Mr. Lewis's shop is at the bottom of the street, about four doors from the corner.
Prisoner's Defence. I had the brushes given to me in Dorset-square.
GUILTY . Aged 17.— Transported for Seven Years—Convict Ship.
RICHARD STEEET . I am a porter. On Saturday, the 10th of Dec., I was employed at Mr. Thomas Halton's, in Newgate-street—Peek called me, while I was at the end of the shop, and I saw two women going out—I was told to follow them—they parted, one went to the right, and the other to the left—I took one, and took her back 'to the shop—she is not here—I then went and took the prisoner, and found these two dead fowls under her cloak—I took her back to the shop—they are Mr. Halton's fowls.
Cross-examined by MR. BALLANTINE. Q. Did you see her in the shop? A. I saw two women going out—I could not swear it was her, I only saw her back.
Cross-examined. Q. How do you know them? A. They were sent to we for sale—I never saw them till they were brought back.
GUILTY . Aged 44,— Transported for Seven Years.
WILLIAM PATTERSON . I am a tailor, living in Titchfield-street; the prisoner is the landlady's son. I put my stock in my hat, in my hat-box, on the 21st of Nov.—there were two gold pins and a chain in it—I missed them—these are them.
Prisoner. He came into my bed-room and charged me with this: he knocked me down and cut my face. Witness. I struck him, but did not hurt him—the pins could not have dropped out—I put them in in the morning, and put the box in a cupboard.
Prisoner's Defence. I had orders to sweep the room; I saw these pint in the dust-pan, and put them into my pocket.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Two Months.
FRANCES HUNT . I am seven years old, and live with my father, George Francis Hunt, in Baltic-street, St. Luke's. On the 28th of Nov. my mother gave me a half-crown—as I was going along the prisoner came up and asked if I had any money—I told her no, because my mother told me to say to, if anybody asked if I had any—I was running on—she came and snatched the half-crown out of my hand, and ran away—I went home to my mother.
Cross-examined by MR. HUDDLESTONE. Q. Did your mother tell you what to say to-day? A. She told me to say the same—she told me to tell the truth.
HARRIET HATWARD . I am searcher at the station. I was called to search the prisoner—she said, "I have got but 5d. in my bosom; that is my mother's; the 6d. I have taken from the little girl I have spent; the half-crown I have taken from the little girl I have thrown away"—she said her sister had told her to do it.
NOT GUILTY .
PRUDENCE DINGWELL . I am eight years old. About five o'clock in the afternoon of the 1st of Dec, my mother gave me a shilling, to get some sugar—I got the sugar and the change—the prisoner came, and said, "Have you got any money?"—I said, "Yes"—she said, "Do you know there is a woman down the court who takes children's money away, and will kill you?"—I had it in my hand—she said, "You should not have it in your hand, you should have it in your pinafore"—she took it out of my hand, and put it into my pinafore—then she said, "Let me put the sixpence under the halfpence"—I thought she did so—when I came to examine, the sixpence was gone—I am sure she is the person—there was no woman with her—my father's name is John Dingwell.
mother untwisted the pinafore, there was only halfpence in it—the sixpence was not there.
GUILTY . Aged 10.— Judgment Respected.
351. JOHN M'HARDY was indicted for stealing, on the 26th of Nov., at St. Pancras, in the dwelling-house of Joseph Detheir and another, 1 gun, value 14l., 1 gun-case, 2l. 10s.; 1 powder-flask, 5s.; and 1 shot-pooch, 5s.; the goods of Robert Uniack Penrose Fitzgerald.—2nd COUNT, stating them to be the goods of Joseph Detheir,' in his dwelling-house.
MR. DOANE conducted the Prosecution.
ROBERT UNIACK PENROSE FITZGERALD . I arrived by the Birmingham train at the Euston Hotel, on the 25th of Nov., 1841—my luggage consisted of six packages, among which was a gun and case, a powder-flask, and other things named in this indictment—I counted all my luggage after I arrived, and it was correct—the parcels were brought by two porters from the Railway station, and put in a heap on the floor of the hall of the Euston Hotel—this is my gun-case, powder-flask, and shot-pouch—the ease then had a gun in it—the proprietor of the hotel paid me 17l. for my loss.
Cross-examined by MR. BALLANTINE. Q. I suppose you have no doubt about this being the same gun-case? A. Not the slightest—I arrived about six o'clock in the evening at the hotel—I remained there that night, and missed the gun-case next morning.
WILLIAM WEBB . In Nov., 1841, I was one of the porters in the service of Mr. Detheir—William Chadd was. the other porter. The prisoner was hall porter—the prosecutor arrived, and I saw his luggage safe in the hall—I marked his luggage, and the gun-case among the rest, with the number of his room—I saw it safe at eleven o'clock, when I went to bed, under the window in the hall—I missed it in the morning when the prosecutor went away.
Cross-examined. Q. Up to what time is this hotel open? A. All night—there is a porter up all night—Chadd is now at the Albion Hotel—I do not know a person of the name of Lowe myself—I did not appear at the Police-court, because they did not know where to find me—I left because I and Mr. Detheir could not agree—I know that particular night when this guncase was lost, because I got into trouble about this the next morning—I explained that it was all right when I went to bed—upon my oath, I had noticed it the night before, and marked it—there was but this one gun-case in the place.
JOHN LARKIN . I am a locksmith, and live in Drummond-crescent. Three or four weeks after Christmas I was sent for to No. 20, Southampton-street, about a gun-case—I found the prisoner there—I did not know he lived these—I saw a gun-case there in his presence—his friend had sent for me to open it, and fit a key, and when I got there the prisoner told me to open it—it was very much like this gun-case—there was a man named Lowe there, who came for me—I opened the case, and there was a double-barrelled gun, a powder-flask, a shot-pouch, and some copper caps, in it—I went with the prisoner to a beer-shop in Chapel-street, and had some drink—Lowe lived in the room in which I opened the case—Lowe sent for me twice, and the prisoner the third time.
Cross-examined. Q. Was it not one of the Lowes' brought the gun-case in? A. Yes, and it was by the direction of both of them I opened it.
SARAH KIRKUP . I am the wife of James Kirkup, and am servant to Mr. Brown, who keeps a beer-shop in Chapel-street, Somers-town. The prisoner came to lodge there, I think, from six to eight months ago—he brought some luggage with him—I believe there was a gun-case amongst it—the man who brought it at the time the prisoner came to lodge there told me it was a gun-ease
—I do not know whether the prisoner took it up or the other man, but it was taken up into the room the prisoner took—the prisoner was there six or eight weeks—he then left—he owed me 2l. and he left his things for the rent—I swear this gun-case is the one taken away from our house—I could not swear that this is the one that was brought in, as it was then in a leather case—I do not know whether this is the leather case.
JAMES JONES . I am clerk to Mr. Joseph Detheir, who is the proprietor of the Euston Hotel—it is in the parish of St. Pancras. The prisoner was in his service in Nov., 1841, and remained so for a month or two afterwards—he was then discharged, not for any dishonesty, but for getting tipsy one night—I remember the prosecutor being there, and the next morning there was this complaint about the loss of the gun-case, and Mr. Detheir paid him 17l.—I went to Kirkup's, and found this gun-case—I handed it to the policeman, who has produced it to-day.
Cross-examined. Q. Might it have been three months after this before the prisoner left? A. It might possibly—we should not have kept him if he had not conducted himself honestly—I did not have a character with him—I had several references, and I did not think it worth while to make any further inquiries—on the occasion of his being discharged, he had been out on Sunday, and got drinking, and did not return till the next morning—the information about this gun-case was received anonymously—I have found out the person who sent it—I shall not state who it is—I have the communication here, but I shall not hand it in, nor state whether the person I received it from is employed about the Railway or not—I have not found the gun—mistakes have frequently been made at our hotel about the luggage—it cannot be avoided—a great number of persons come by every train, and porters bring in luggage at all hours.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Two Years.
352. DAVID HUME NELSON was indicted for stealing, on the 2nd of Nov., 30 sovereigns, 20 half-sovereigns, and 45l. Bank-notes, the property of John Abel Smith, and others his masters; and LUCY NELSON , for feloniously receiving 2 of the said 5l. Bank-notes, well knowing them to have bees stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution,
FRANK ROBERT BERTOLACCI . I am honorary secretary of the Friendly Loan Society, in Leicester-square. Mr. John Abel Smith is a proprietor and a trustee—there are three other trustees—the society is enrolled under the 3rd and 4th of Victoria—in Oct. and Nov., 1841, the prisoner, D. H. Nelson, was acting as clerk and cashier in the employ of the society, at a salary—on the 27th of Oct., 1841, 1 handed him this cheque—(looking at it)—for disbursements to be made by him for the purposes of the society—this cheque is endorsed u his own handwriting, as having received it—on Monday, the 1st of Nov., 1841, I was at the society's office till twenty minutes to eleven o'clock in the evening—I left the agent, D. H. Nelson, there, and a clerk—next day, Tuesday, the 2nd of Nov., D. H. Nelson came to me at half-past two, at the Tower, where I have a department—he said that 60l. odd, in gold and notes, had been taken out of his till—he said there were four 5l. Bank-notes, and the rest in gold—I knew the till he was speaking of—he kept the key of it—it was a till that opened as a drawer under the counter of the office—he said there was no appearance of the lock having been forced, or anything done to it, that he had locked the till when he left the office about twelve o'clock on
the over night, and the gold, silver, and notes, were then in it—he said the gold and notes had been taken, but the silver had not been touched—he said he had been to the Bank to stop the payment of the notes, and bad desired them to address the letters to me at the society's office—I gave him a letter to the treasurer, and he went away with it—he afterwards handed me this paper, at my request—(it must have been the same evening,) as I requested him to give me the numbers and dates of the missing Bank-notes, and he gave me this—I put the memorandum in red ink into my pocket—I left the Tower at four, and went directly to the office—I examined, and found there was no symptoms of any force having been applied to the lock or the till from where the money had been taken—I then examined the drawer underneath, and found there was an aperture underneath, where a person could put their hand in and take the gold and notes, or any money from the drawer, but I found it so very dusty that there was no symptom of any person having taken any—the till ran in a groove, and this aperture was on the left hand—I found the only way in which it could be approached, was by putting the hand in from the side, but it was my opinion as it was so dusty, that no person's hand had been there recently.
Cross-examined by MR. BALLANTINE. Q. I believe this man was in the service of the society at a salary of 30l. a year, to attend three times a week? A. Yes—I am not aware whether that was the only employment he was in at that time—I heard that he was a person of some literary attainments, and employed part of his time in writing—my impression was that this money had never been taken out of the drawer by another person—I heard a good character of, him before he was employed by the society.
RICHARD WHISKIN MBRRINOTON . I am a clerk in the Bank of England. On the 2nd of Nov., 1841, a person came to me to stop the payment of four 5l. notes, Nos. 21797, 21798, 21799, and 21800, dated 13th Sept., 1841—the party applying desired any information to-be given to D. H. Nelson, cashier to the Friendly Loan Society, No. 50, Leicester-square—I afterwards made an addition to the entry—I have not got it in its original terms, but I made it in pencil, and a few months ago I put it in ink for ray successor, (reads it,) "Mr. Nelson, not to be informed, acquaint only F. R. Bertolocci."
GEORGE MILLINGTON . I am clerk to Smith, Payne, and Co., who are bankers to the Friendly Loan Society, in Leicester-square. On the 28th of October, 1841, I paid this cheque—(looking at it)—with three others—the amount of the whole was 141l. 6s. 7d.—amongst the money I paid there were two 5l. notes, Nos. 21798 and 21799, dated 13th September, 1841.
GEORGE COOKSEY . I am shopman to Mr. William Marshall, tea dealer, No. 20, Strand. On the 9th of November, 1842, at a little before eight o'clock, Lucy Nelson came and purchased 1lb. of 5s. black tea, 4lbs. of sugar, and 1lb. of coffee—she tendered in payment a 5l. note—I asked her name and address—she gave it me, and I wrote it down from her mouth—this is the note—(looking at it)—on the back of it I have written "Ann Goddard, Alpha-house, Brompton, Nov. 9, 1842"—after I had given her the change she appeared rather agitated, and I thought she had disguised herself—her bonnet covered her face, unusually so, and her hair also—she appeared to me to endeavour to disguise herself—I offered to tie her parcel up—she said it was of no consequence, as she was going to get into an omnibus just below—in consequence of the remarks I made on her I watched her when she left—she did not get into an omnibus—she went to the Duke of Northumberland's, then crossed over towards the Haymarket—she went into two or three shops, then to Coventry-street, then to the Haymarket again, spoke to a cabman, and then she went into a public-house—I asked the cabman where she was going—I crossed the road, and told the policeman, and he took the number of the cab—I then saw
her come out of the house, and enter the cab—I have since then seen a parcel of tea produced by the officer—I cannot identify it positively as the parcel of tea I sold Lucy Nelson on that night, no more than its being black tea—it was in a parcel like the one I sold her, and in tea paper.
HENRY LEWIS . I am owner and driver of the cab No. 136. On the evening of Lord Mayor's day I was on the stand in the Haymarket, between eight and nine o'clock—Lucy Nelson came, and asked me to take her to Finchley—I agreed to take her for 5s. 6d.—she went into the public-house, and I went after her—I drove her as far as the turnpike at Colney-hatch—she got out very near there.
GEORGE CARVER . I am shopman to Mr. Castle, a pawnbroker, in High-street, Camden-town. On the 11th of November Lucy Nelson came to the shop to renew a duplicate of a china bowl, which had been pawned for 15s.—she paid me a 5l. note—I asked her name and address, which she gave me, and I wrote it on the back of the note—this is it—(looking at it)—I have written on the back of it "Ann Dalas, No. 42, Upper George-street, Portman-square "—it is No. 21799, dated the 13th of September, 1841—I gave her the change.
FRANCIS FREDERICK PARTRIDGE . I am an inspector. In consequence of information I went to the Bank in November, and gave Mr. Merrington directions that the notice should not be sent to the prisoner, but to Mr. Bertolacci—on the 11th of November I went to Colney-hatch, and made some inquiries—on the 16th of November I went there again with Cooksey and Lewis—I went to a house there called Cromer-lodge—I knocked for admittance—Lucy Nelson let me in—I asked if her husband was at home—she said he was not—Cooksey identified her, and I walked into the house—when I got in I saw a hat, and I said her husband must be at home—she again said he was not—soon after, the man whom I had placed outside, called out that he had got the man—I then told Lucy Nelson that a Bank-note had been traced to her possession, as having been passed by her at a grocer's—she said she knew nothing about it, she had not been in town for three months—I said I should go up stairs, and see if any more notes were there—she said "They have sued us civilly for the amount, they can't now sue us criminally"—David Hume Nelson was then brought in by Mullins—he made no remark—I searched him, and found three half-sovereigns and 2s. in silver—I afterwards went again—I found two letters, some duplicates, and this parcel of tea—I found a paper with the name of Mr. Thomas Dallas upon it—two duplicates found had the name of Mary Goddard on them.
Cross-examined. Q. You found the place presented a desperate state of poverty? A. There was a want of furniture and so on—I addressed the woman as Mrs. Nelson—that was the reputation she had.
WILLIAM CROOKSHANK . I am employed at the Friendly Loan Society office—on the 1st of Nov., 1841, I was left with Mr. Brown and D. H. Nelson at the office—I staid till about twelve o'clock at night—I am not certain whether it was Mr. Brown or I who fastened the door, but one of us did, and I left all safe—next morning I went and found Mr. Haigh at the door—I opened the door—we went in—soon after D. H. Nelson came, and after speaking a few words to him, I observed him go to the till—he unlocked it with his
key, drew it out, and he exclaimed, "Good heaven!" or, "Good God, where is the money?"—I said, "What money?"—he said, "The notes and the gold"—I said, "Are you sure you left it there?"—he said he was—I told him to feel his pockets, and see if he had not put the money in his pockets—he did so, and said it was not there—he said, "What am I to do?"—I said he had better go to the lodging where he slept the last night—he asked me if I would go with him, and I did, to a coffee-house in Cranbournalley—he went up stairs to his bed-room, and came down and told me he could not get in—I said, "I would go in if I was you; the money may be there"—he said, "I don't want the people to know that I have lost money"—I said, "You need not say that, you can say you have lost a paper," but he declined doing it—I then advised him to go to Mr. Bertolacci, and said that the payment of the notes ought to be stopped, and he left me for the purpose of going.
Cross-examined. How long have you been there? A. Five years—I have not known him the whole of that time, but during the time he had been there he had conducted himself honestly and uprightly—I always heard that he was married, and I considered he was so—I know he has four or five children—I am not aware whether he was suffering from poverty or not—I have heard that he is a literary roan, and as far as I know he was very much respected indeed—he had been about two years in the establishment.
SAMUEL HODGES. I am the messenger of the Society. On the night of the 1st of Nov., 1841, I left about ten o'clock at night—I saw the till safe then, and there was gold, silver, and notes in it.
Q. Are you prepared to say there was gold in it? A. Yes, at ten o'clock that night.
D. H, NELSON— GUILTY . Aged 30.— Confined Two Years.
LUCY NELSON— NOT GUILTY .
Sixth Jury, before Edward Bullock, Esq.
353. JAMES PARKER was indicted for stealing, on the 10th of Dec, 8lbs. weight of mutton, value 4s.; the goods of Daniel Thomas Sharp, his master; and HENRY JOSEPH DURHAM , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. HOSRT conducted the Prosecution.
STEPHEN OVENDEN (police-constable D 80.) On the 10th of Dec., about twenty minutes past eleven o'clock, I was on duty in Welbeck-street—I saw Parker coming along Great Marylebone-street, from Mr. Sharp's shop, carrying a tray on his shoulder, with part of a neck and a shoulder of mutton in it—I, watched him down Welbeck-street, till he came to the Edinburgh Castle, at the corner of Little Welbeck-street—he stood there about a minute, and looked around as if expecting some one—then went into the house—I pulled my armlet off, went and sat down on the left side, at the length of a settle from Parker—about ten minutes after Durham came in and sat down between me and Parker—they whispered together, but I could not tear what they said—I heard Parker say 2s. 8d.—they left the room in a minute or two—they had an opportunity of seeing me—I followed them out immediately into the passage leading to the side-door—I saw Parker in the act of removing the shoulder of mutton from his own tray to Durham's tray, who was carrying an empty tray—Parker saw me, and withdrew the shoulder from Durham's tray to his own—I passed out, and said, "Good morning, butchers"—I passed to the right, as if going towards Wimpole-street—they followed and went up Little Welbeck-street—they went to the left—I turned to the right, and I looked through some iron railings—they looked round as if looking whether I was watching them—I saw Parker take the shoulder from
his tray, and put it into Durham's—they still kept walking on to the end of Welbeck-street, where they parted—Parker went towards Cavendish-square, and Durham towards Portman-square—I followed Durham, and overtook him at the corner of James-street—I asked how he came by the mutton—he refused to tell me—I said if he would not tell me he should tell some person at the station—I took him towards the station—he then said the other butcher gave him the meat to leave for him at No. 54, Harley-street—I said, "It is a strange way to No. 54, Harley-street, to go through Portman-square; If you choose to say anything further you can do it"—he said, "What is it to you where I am going to take it to?"—I went to No. 54, Harley-street—the family were out of town—I then went to Mr. Sharp's, and while there Parker came in—I asked if he had given Durham any mutton to leave for him—he said, "No, I know nothing about it"—I took him to the station.
Cross-examined by MR. DOANE. Q. Did you have any thing to drink in the public-house? A. Yes, half a pint of porter—they will not serve us if we have our armlet on—Parker could not fail to see me sitting on the bench—I never go into a public-house when on duty, without there is necessity for it—I did not drink with the prisoners—I went in to watch them.
BENJAMIN MITCHELL . I am foreman to Mr. Sharp, of High-street, Marylebone. On the morning of the 10th of December Ovenden made a communication to me—Parker came in shortly after, and was taken—I asked him if he had not been into a public-house—he said he had—I followed him to the station, and was showed a shoulder of mutton, the property of my master—I know it by the score on the back of the shoulder—I compared it with the mutton in the shop, and am sure it is my master's—Parker had not been ordered to take out any shoulder of mutton that day—Durham had been in Mr. Sharp's employ.
Cross-examined. Q. How long had Parker been in Mr. Sharp's employ? A. Nearly three years—we have a customer at No. 53, Upper Harley-street—I saw the meat go out that morning—I did not give Parker the directions that morning—he had them from Mr. Sharp.
MR. HORRT. Q. Have you any customer at No. 54, Upper Harley-street? A. Not in town—I do not know what meat went out that morning.
NOT GUILTY .
CHARLES RICHARD LAWRENCE . I keep the Marquis of Clanricarde public-house, in South-street, Paddington. About ten o'clock in the morning, on the 4th of December, I missed two pairs of Wellington boots and a pair of ladies' boots, belonging to my wife, two great coats, and some other things—they were left safe in the bar parlour about one o'clock that morning—they got in at a little window down the gateway.
WILLIAM FREEMAN . I am a private watchman, and live in Gloucester-square, Paddington. About half-past eleven or twenty minutes to twelve o'clock in the morning, on the 4th of Dec, I saw the prisoner and another walking up and down Gloucester-square—after that I saw the prisoner walking across the square with something under his arm, and the other was climbing out of the foundation of some houses—he followed the prisoner towards Hyde-park—then a constable was chasing the prisoner, and they soon got out of my sight.
Prisoner. Q. Was it me? A. Yes, I am confident by seeing you about the neighbourhood—you passed close to me—you had no bundle when you came into the square, and you had after.
prisoner and another in company standing on the vaults In Gloucester-square—I went to another part of the square—I saw them go in and out of the vaults—the prisoner had a blue bundle in his right hand—he placed it under bit arm, and started off to run—I pursued, and in consequence of some new buildings I lost sight of him—on overtaking him I asked what he had done with the bundle—he said he had not one—I went to the place he passed through, and there found this bundle—I went in search of the other, but I could not identify him—the bundle contained two pairs of boots.
Prisoner. Q. Was I lame when I ran away from you? A. No.
Prisoner's Defence. I was not near the place. NOT GUILTY .
JOSEPH WOODFIELD DYER . I am a cheesemonger, and live in Shoreditch. These two pieces of bacon are mine—they were safe at half-past six o'clock in the evening of the 7th of December in the open window—I missed them about five minutes after.
THOMAS MAUN (police-constable H 74.) I was on duty in Red Lion-street, Spitalfields—I saw the prisoner with two others about half-past six o'clock—the prisoner had these two pieces of bacon tied in his handkerchief on his head—I went towards them—the moment the other two saw me they ran away across Spitalfields-market, and made their escape—I followed, and took the prisoner—I asked what he had got—he said, "Two pieces of bacon"—I asked where he purchased it—he said, "At a shop in Shoreditch"—I asked what weight they were—he said he did not know—I took him to the station—he then said he bought it of a countryman against the church for half-a-crown.
Prisoner's Defence. I was taking a walk up Shoreditch; I leaned my back against the rails of the church; a person came and asked me to buy some bacon; he said he would sell these for 3s.; I had only half-a-crown, and he consented to take that.
GUILTY . Aged 22.— Confined Six Months.
HENRY JOSEPH SNELLING (police-constable G 203.) About half-past twelve o'clock on the 6th of December I was on duty in White cross-street, St. Luke's—I saw the prisoner with this table-cover doubled up under his arm—I went up, and asked him what he had there—he said, "A piece of green baize"—I asked where he got it from—he said he had bought it in Petticoat-lane—I asked what be gave for it—he said, "Two shillings"—I said, "This is a table-cover"—he said, "Yes"—I took him to the station—I received information, and took it to Mrs. Meredith, of Earl-street, Finsbury.
MARTHA ALLEN . I am in the service of Elizabeth Meredith, of Earl-street. This table-cover is my mistress's—I saw it safe on the table on Sunday afternoon, the 3rd of Dec, at five o'clock, and missed it about six—the parlour-window was lifted up—I bad seen the prisoner lurking about the place on Thursday and Friday—I am sure it was him.
Prisoner. Q. Had you seen me on the Monday before? A. I am not positive—I saw you on the Thursday, and about in the evening of Saturday.
Prisoner's Defence. On the 5th of Nov. I got into a bit of a bother; I got taken to the station, and committed for a month; I did not come out till the 3rd of Dec.; so it was impossible for Allen to see me on the Monday or Thursday.
GUILTY .* Aged 22.— Transported for Seven Years.
MARGARET MURPHY . I am the wife of Michael Murphy, of Phillips-gardens Tottenham-place. On the evening of the 2nd of Dec. I stopped the prisoner in Tottenham Court-road—she was running away, and there was a cry of "Stop thief"—she had a handkerchief and a bundle in her apron—I said, "What have you there?"—she said, "A handkerchief I have picked up"—I said "You have stolen something"—the people said, "Hold her tight"—a gentleman came, she gave the handkerchief to him, and he gave her into custody.
Prisoner. She said she did not see the handkerchief. Witness. I saw it in your band, and you asked me to take it.
JOHN SACK . I am ten years old, and live in Cheyne's-place, Tottenham Court-road. About half-past seven o'clock in the evening of the 2nd of Dec., I was out with my little sister Eliza—I was going to Donovan's, facing the coffee-shop in Tottenham Court-road—the prisoner came to me, and said, "Let me take bold of the baby, as it is quite cold"—I let her take hold of the child, which had a handkerchief tied round its neck—the prisoner these gave me a halfpenny, and told me to go and fetch a farthing sugar-stick, and bring a farthing back—she said, "You take the baby now, and take the handkerchief off the baby's neck, it will blow off"—I said, "No, you gift it to me"—she said, "No, I will mind it till you come back"—I went to buy the sweet-stick—the man was not there—when I came back the prisoner was running away—this is the handkerchief—it belongs to my father, John Sack—a gentleman took it out of the prisoner's hand, and gave it to me.
Prisoner's Defence. I was coming along, and heard a cry of "Stop thief;" the woman opened her arms, and said, "What have you in your lap?" I said, "What do you think?" she said, "You have robbed somebody." They gave me into custody. I never had the handkerchief.
GUILTY .* Aged 16.— Confined Six Months.
THOMAS LOONEY . I am a tailor—I was going through St. James's Park last Sunday, and saw a crowd collected—I stopped a few minutes to look—I felt a pressure behind me—a policemen tapped me on my shoulder—I turned felt in my coat-pocket, and my handkerchief was gone—I had made use of it about five minutes before—this is it—it is mine.
Prisoner. Q. Where did you see me? A. Not at all till the policeman laid hold of your collar.
THOMAS MORTON (police-constable A 82.) I was on duty in St. James's Park—my attention was called to the prisoner's attempting to pick several gentlemen's pockets—I saw him go to the prosecutor, and take this handkerchief from his pocket—I took him by the collar—the prosecutor turned round and missed his handkerchief.
Prisoner. Q. Did you see me in anybody's company? A. Yes, a person
in a brown coat, and one in a fustian jacket—I took up the handkerchief, and held it up for the prosecutor to identify it.
Prisoner. I was not in the crowd; I was three yards from it.
GUILTY .— Confined Four Months.
ELIZABETH MOORE . I am a widow, and live In Holborn-buildings. The prisoner came to lodge with me eight weeks ago last Saturday—he went away on Thursday morning, the 8th of Dec, before I was up—about noon the same day, I went into his room, and missed a blanket and sheet from the bed—they were on the bed when I let him the room—I saw him again on the Sunday, and gave information—these are my sheet and blanket.
GEOEOE FISHER (police-constable G 153.) I took the prisoner—a person who was with me snowed him to me, and asked him if he had taken the blanket and sheet off his bed—he denied it—I took him tot the station—he there took these tickets out of his pocket, said he had taken the sheet and blanket off the bed, and pawned them.
HENRY HUTCHINGS . I am in the service of Mr. Matthews, a pawnbroker, at Kennington. This blanket and sheet were pawned in the name of William Smith, on the 8th of Dec—this is the duplicate I gave for them.
Prisoner's Defence. I intended to redeem them on Saturday night, but I was lot paid.
GUILTY. Aged 40.—Recommended to mercy. — Confined Two Months.
GUILTY .— Confined Three Months.
361. DENNIS DRISCOLL was indicted for stealing, on the 10th of Dec., 1 till, value 6d., 2 shillings, 8 sixpences, 4 groats, 16 pence, 189 halfpence, and 108 farthings; the property of Samuel Gayler and another.
SARAH GAYLER . I am the wife of Samuel Gayler, a baker, in Tottenham-place, Tottenham Court-road. On Saturday night last I was in the parlour between eight and nine o'clock—I heard a noise in the shop—I went in, and law the prisoner behind the counter, with the till on the floor beside him—I asked what he did there—he made me no answer—the till had been in the counter—there were 16s. 3 1/2 d. in coppers in the till—it belongs to my husband and my brother—they are in partnership—the till belongs to the landlady—it slides under the counter, and had been safe in its place about five minutes before.
Cross-examined by MR. PAYNE. Q. What was the prisoner doing? A. Kneeling, or sitting, I cannot say which—I gave change for a half-crown from the till before it went away.
Cross-examined. Q. The prosecutor was rather unwilling to let you have the till at first? A. Yes.
(The prisoner received a good character.)
GUILTY. Aged 13.—Recommended to mercy. — Confined Three Months, and Whipped.
JOHN HODGES . I live in York-place, Maidstone—the prisoner came to lodge with me on the 19th of August, and remained till the 9th of November—I missed a shirt out of a box a week after she left—this is my shirt, I know it by the mark—it was found at her lodging in my presence.
Cross-examined by MR. BALLANTINE. Q. What is it marked with? A. Ink—it is worth 5s.—it is a shirt I never wore—it was left me by a gentleman—the prisoner had to pass through the room where it was kept to her room—I have not seen it since last October twelve months.
Cross-examined. Q. Where was it found? A. On a chair—it was open—I have no reason to find fault with the prisoner.
NOT GUILTY .
RICHARD SLADE . I am thirteen years old, and live at Fox and Knot-court, King-street, Snow-hill. On the 13th of November I saw the prisoner take a cheese out of Mr. Morgan's warehouse, in George-yard, Snow-hill—he put it under his apron, went down George-yard, and gave it to another, boy—they went down Snow-hill, and kept separate—I described them to the policeman.
Prisoner. Q. In what part of the yard was you when you saw me take it? A. Down at the bottom, by the barber's shop.
Prisoner's Defence. I was not near the place.
GUILTY . † Aged 20. Confined Six Months.
PETER LUND . I am a sailor and lodge at Gold's-hill—I saw the prisoner about eight o'clock last Saturday night, and went home with her to a room—I put my watch under the pillow—I went to bed—I bad a penknife in ay trowsers' pocket—the prisoner took the knife out of my pocket and cut her finger—I saw blood on my shirt—I said, "Where did I get this?"—she said. "It is an odd thing, I cut my finger"—I took the knife from her and pat it into my pocket—I looked under the pillow, where I had put my watch about half an hour before, and it was gone—I put my clothes on—I asked for my watch—she said she had got none—I got a policeman and gave her in charge—this is my watch—two young women came up in the room and sat by the fire, after I had put the watch under the pillow.
Prisoner. Q. Did you not give me the knife to cut my apple? A. No—my watch guard was not hanging down—I did not drop my money out of my pocket—I was not tipsy—I drank nothing at all.
JOHN BIVAND (police-constable K 117.) I took the prisoner to the station—the prosecutor said, "If I could get my watch I would give 2l."—the prisoner said, "I have got the watch, if he will give me a sovereign, I will give him the watch—it is at home"—I took her to the house, but she would not give up the watch—I think the prosecutor bad been drinking a little—
the prisoner was tipsy—Sergeant King found the watch on the dust heap in the back yard.
Prisoner. Q. When you first searched, where was I? A. You were not a the house—you had no opportunity of putting it there after.
NOT GUILTY .
NEW COURT.—Thursday, December 15th, 1842.
Sixth Jury, before Mr. Common Sergeant.
MARTIN SLATTERY . I was at Euston-square-station, on the 12th of Dec.—I saw the prisoner come out—I asked him what he had got—he made no answer—I followed him, and took this plane from under his arm—I gave it to the policeman.
Prisoner. I was out of work.
GUILTY . Aged 43.— Confined Three Months.
366. CHRISTOPHER BRODIE was indicted for stealing, on the 3rd of Dec., 1 basket, value 1s. 6d., 3lbs. weight of pork, 1s. 7d., 1 dead rabbit, 10d., 1lb. weight of sugar, 6 1/2 d., 2 oz. weight of tea, 8d., 1 oz. weight of coffee, 1 1/2 d., 1/2 lb. weight of candles, 3d., 1/2 lb. weight of soap, 2d., 1/2 lb. weight of butter, 5d., 2 bunns, 1d., and 1/2 oz of mustard, 1/2 d.; the goods of George Williams.
CHRISTIANA WILLIAMS . I am the wife of George Williams. On the 3rd of Dec. I was at the Albion, at Shadwell—I had a basket containing the pork, the dead rabbit, and other things stated—I have seen some articles of the same description since, but cannot say that they are mine.
Cross-examined by MR. BALLANTINE. What are you? A. A painter—I Work, and live with my father—I never saw the prisoner before—the barman is not here—if I have been in any scrape myself I have suffered the law for it, and I am not bound to tell what it was—I was not charged with a person, named Mercer, with stealing some cigars—it was a blanket out of a barge—I was taken on suspicion of stealing a coral necklace, but it was my sister's property—I do not know how many times I have been charged with felonies.
LAUNCELOT WILKINSON (police-constable G 115.) I went to the prisoner, and searched his premises—I found some candles, tea, and other things—this paper round this tea, has the name of Francis on it, which was on the paper of tea the prosecutor lost.
NOT GUILTY .
367. ALFRED HENDERSON , ELIZABETH HENDERSON , and ELIZABETH HENDERSON the younger, were indicted for stealing, on the 11th of Dec, 371bs. weight, of flour, value 6s.; and 3lbs. weight of dough, 4d., the goods of James Green; to which
ALFRED ANDERSON pleaded GUILTY . Aged 21.— Confined One Month.
The prisoners all lodge in my house—last Sunday night, about a quarter past
ten o'clock, I went to my bakehouse—both the trough lids were open, and there was a hole in the flour where about a peck had been taken out—I sent out for a policeman—Mr. Johnson of the Crown, first came in—he went down to the privy, and found Alfred Henderson and Elizabeth Henderson in the privy, and there was a dish in one corner of the privy with about three pounds of dough in it—Elizabeth begged for mercy.
MARY ANN BARRETT . I was nursing Mrs. Green—I heard a running up and down stairs—I went out, and saw a candle and candlestick outside the bakehouse door, which was wide open—I told Mr. Green that there was some one in the bakehouse—I went for Mr. Johnson.
JOHN JOHNSON . I was called by Mrs. Barrett—I went to the bakehouse, and saw the candle standing on a bulk, and the door open—I went to the privy, and found Elizabeth Alfred Henderson there, and a dish of dough on the side of the seat.
JAMES MEAGHER (police-constable N 284.) I went to the house—Alfred and Elizabeth Henderson were given into my charge—I went up stairs, and found Elizabeth Henderson the younger in bed—I searched the room, but found nothing—I ordered her out of bed, and between the bed and mattress, I found a bag of flour—there was another bed in the back room, and at the foot of that I found another bag of floor—this it the flour.
ELIZABETH HENDERSON. Jun.
NOT GUILTY .
GUILTY . Aged 29.— Confined Three Months.
GEORGE RILEY . I am shopman to Mr. Charles Turner, of Oxford-street On the 12th of Dec., about seven o'clock in the evening, I was at the shopdoor—I saw the prisoner come and take six cups and six saucers off a shelf outside the shop—he put them under his coat and went on with them.
GUILTY . Aged 35.— Confined One Year.
ROBERT COLLINS . I do business for Mr. Campbell. On the 12th of Dec., on my return to his shop, I saw the prisoner outside the shop, watching a party who was in the parlour—I then saw the prisoner enter the shop, put his hand into a box of cigars, take some, and run out of the shop—I collared him, and asked what he wanted—he said he had been in for a pinch of snuff—I found these cigars in his hand.
Prisoner. The gentleman took the cigars out of the box himself.
GUILTY . Aged 16.— Confined Four Months.
JOSEPH SHAIN (Thames police-constable, No. 40.) On the 12th of Dec. I saw the prisoner go down the stairs at Ratcliff—he went into the third room of Mr. Wright's barge—he steeped down and took up what appeared to be a loop of coal—he put it under the barge's head—he then returned to the fifth room, and again picked up something which appeared to be a lump of coal—I went round and met him with one piece on his head, which appeared to weigh about 30lbs.—I showed the same coals to Mr. Wright.
GUILTY .* Aged 13.— Transported for Seven Yean—Convict Ship.
372. JOHN FELTHAM was indicted for stealing, on the 3rd of Dec, 1 looking-glass and stand, value 4l. 10s.; 95 yards of woollen-cloth, 10l., 68 yards of cotton-cloth, 1l. 7s.; 1 pair of overalls, 5s.; 42 yards of canvas, 10s.; 14 pairs of trowsers, 2l. 10s.; and 7 1/2 yards of waistcoating, 1l. 16s.; the goods of Henry Francis Gadsden: 4 yards of woollen-doth, 2l., the goods of Samuel John Campbell; and 3 yards of woollen-cloth, 1l. 4s.; and 3 pairs of trowsers, 2l. 16s., the goods of Michie Forbes Gray; THOMAS THACKER and GEORGE SUTTON , accessories after the fact; and ANN SUTTON , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. BALLANTINE declined offering any evidence. NOT GUILTY .
EDWARD GRAVES . I am assistant to George Smellie, a pawnbroker, in Shadwell. On the 12th of Dec. the prisoner came about a quadrant and a ring—he put the ring on his finger, and talked of buying it—I made him put it back, and said I did not think he wanted to buy—he went away without baying either quadrant or ring—when he was gone I missed a cameo-ring—I went after, and overtook trial about 130 yards off—I desired him to return, and charged him with stealing a ring—he said he had not got it—I said I should give him in charge—he said, "Don't—come home with me, and I will make it all right"—I sent for an officer—he then began to feel about his pockets, and pulled out a piece of rag, and this ring fell from it—I said that belonged to me, and I should give him in charge—he said, "Don't give me in charge, come with me, and I will give you a couple of pounds"—this is my master's ring—it in a box cameo-ring, and the one I lost.
JAMES WHARF (police-constable K 57.) I was sent for to the ✗—the prisoner said, rather than be taken to the Station, he would not mind giving 100l. to compromise the matter—he had been drinking, but was sober enough to know what he was about.
Prisoner. I had been dining on board a ship in the City-canal; I then, went to see a school-fellow who is mate of a ship in St. Katherine's Docks—I had a good deal to drink with him—we then came on shore, and had more drink, and after that my recollection failed me; I was perfectly unconscious of having the ring in my possession, or of what I was doing, or I might have thrown the ring away; it is the first act of dishonesty I was ever charged with; I believe I said I would rather pay any money; I gave the officer my address.
GUILTY . Aged 22.— Confined Four Months.
374. BENJAMIN BAILEY was indicted for stealing, on the 27th of April, 1 table-cloth, value 3s.; 2 sheets, 5s.; 2 blankets, 8s.; 1 other blanket, 4s.; 1 counterpane, 4s.; 1 carpet-cover, 8s.; 20 yards of carpet 1l., and 2 hearth-rugs, 5l. 10s.; the goods of Ann Brandram.
AMELIA SWEETMAN . I am the wife of Robert Sweetman. I am in the service of Mrs. Ann Brandram—she lives in Gower-street—she employed the prisoner and his wife to take care of the house when she went to France—I have since missed the articles produced—I have examined them—they are her property.
Prisoner. I did not do it with any intention of guilt.
(The prisoner received a good character.)
GUILTY . Aged 30.— Transported for Seven Years.
WILLIAM COEAM BOTELER . I live in Church-way, St. Pancras, and as a boot-maker. On the 13th of Dec, about three o'clock in the morning I met the prisoner in Holborn—I had been drinking rather freely—a man was Selling coffee, and the prisoner asked me to give her some, and some bread and butter, which I did—there were some other females round—I then went out, and they followed me, soliciting for more—I was then persuaded to enter a house in a court—I felt disgusted with the company and the place, and said, "I will leave this place instantly"—the prisoner took a switch out of my hand and broke it—she then seized me by my stock, and said, "You b—before you go, I will have some money"—she called to another girl, and they commenced a murderous attack on me, calling for other assistance—I her some of the marks on me now—they beat me, because I had refused to give money at their request—I defended myself as well as I could, they still beating me, and calling out "Jem!" but Jem never made his appearance—I made my way out, and called "Police!" a policeman came, but he said he durst not enter the place till he got further assistance—he got more assistance—I went in with them, and amongst other persons there I pointed out the prisoner, who had never let me go till she had robbed me, beating me it the same time with her other hand—I was covered with blood from the nose and mouth, because I refused to give her money—I lost my gold pins and chain out of my stock.
JOSEPH PRIOR (police-constable G 65.) I heard the cries of "Police" and "Murder," about five o'clock in the morning—I went and found the prosecutor covered with blood—I saw the prisoner and two other women in the house—they denied having beaten or robbed him—they did not say that be ought to have paid them any money—I did not consider the prosecutor was drunk.
ELIZABETH DAY . I lodge in that house—it is in George-court, Gray's Inn-lane—I was called up by a female screaming "Murder!"—I went up to her assistance, and the man was beating her at the time I was in the room.
NOT GUILTY .
SARAH AWBRAY . I am the wife of Charles Awbray—we live in Arnold's-place, Bethnal-green, and keep a chandler's shop—on the 9th of Dec, about ten minutes before twelve o'clock, the prisoner came for a halfpenny worth of apples—I served him, and put the halfpenny in a jar in my till—I saw there
were two half-crowns, six shillings, tome pence and halfpence in it—I closed the till, and he went away—I went up stairs, and thought I beard footstep—I came down, and lay the prisoner go out of the shop—the jar was gone, and the money that was in it—this is my jar—I am sure he is the person I saw go out of the shop when I came down stairs.
(The prisoner received a good character.)
GUILTY —Aged 19.— Confined Nine Months.
377. JOHN HARWOOD was indicted for stealing, on the 12th of Dec., 1 pewter pot, value 2s.; and 1 half-brush, 1s.; the goods of Thomas Harris: and 1 apron, value 8d., the goods of Mary Donovan; and that he had been before convicted of felony; to which he pleaded
GUILTY .*— Transported for Seven years.
MARY RINDELL . I keep a baker's shop at Stepney—the prisoner was in my employ—in consequence of what my daughter told me I went into the bake-house, and saw a loaf hidden in an iron kettle—on the 5th of Dec. I found a two-pound loaf hidden in the same kettle, which was put behind the trough, and covered with sacks—no one bad access to that trough but the prisoner and—my own family—I tent for the officer—I told the prisoner to tike hit hoard out, and he took out the loaf and put it before the officer.
Cross-examined by MR. WILDE. Q. flow many persons are in your employ? A. None but the prisoner—my son assists in putting the bread into the oven, and I bate three daughters who serve in the shop—there had not been any loaf told on that 5th of Dec.
COURT. Q. Are you able to lay that the loaf the prisoner produced was one of yours? A. Yes, I can positively swear to it by the make, and by one being short of the number—144 had been put into the oven, and when they were brought into the shop I found only 143.
NOT GUILTY .
JAMS CREMER . I saw Reid's horse and cart standing in the street—saw the prisoner and a companion go to it—the other took the coat off the cart—I followed them to the top of St. John-street, and there the other gave it to the prisoner—I went after the prisoner and he dropped it—I am sure he is the man.
GUILTY . Aged 23.— Confined Three Months.
Fifth Jury, before Mr. Common Sergeant.
MR. BODXIN conducted the Prosecution.
WILLIAM SHEAH . I am a tailor, and live at Stratford in Essex. On the 29th of july, I was served with a copy of a writ—it was returned to the Palace Court—it was for a debt of 3l. 10s.—Mr. James Spiller was the plantiff—I have not the writ here—the prisoner holds it, and he refused to give it me—I first spoke to the prisoner about it about the 10th or 11th of August—I had received a copy of a writ, and a copy of declaration—I gave them to the prisoner—I told him I was served with a copy of a writ for 3l. 10s., which I did not owe, and I told him the other paper was a copy of a declaration—I asked him if he was an attorney, he said he was—the reason I spoke to him was, I was going to Mr. Taylor, an attorney, and on my road I met a police-sergeant, who recommended me to the prisoner—when I saw him he appeared by the papers to know where it came from—I told him it was in the Palace Court, and asked him if he could practise, in the Palace Court—he said he could not, there was a limited number of attorneys there, but he told me if I would give him 6s. or. 7s. he would take the declaration out of the office, and put in a plea the next morning—I gave him 7s.—I certainly would not hate given him that if he had not told me, and I had not believed that he was an attorney—I saw him again on the Sunday or Monday following—he told me he had not put in the plea, for it would cost 30s. instead of 7s., and said he would remove it by habeas corpus out of the Palace Court to the Court of Queen's Bench, if I would make the 7s. up to 30s.—I told him I had no more money then, but I would meet him the next day—I saw him the next day, and he asked me for a sovereign, which I gave him—that was to remove it through the courts it had to go through—I after that received another paper, which I showed him—I told him it was a notice of writ of inquiry of damages which would be executed on the 19th of August—this is it—(producing it)—I showed him this at the Angel at West Ham—he said, "Keep your door shot, and I will meet you at the Palace Court at twelve o'clock on the 19th inst."—I went there on that day, but he was not there—I waited till the Court closed—he never came near the place—on the 20th an execution was seat into my house on my goods—I went to the prisoner a few days after, and told him what had happened—he said he was very sorry for it, he would do all in his power for me, it was through his ignorance of the law, and he would gift me half the money hack—(I think the execution was for 10l. 11s. or there-abouts)—I asked him to give me up my papers, that was all I wanted of him—he said he would see me d—first—he would see what position he was placed in—I have searched the roll of attornies, there is no such name as his—I should certainly not have parted with the money on these different occasions if I had not believed his assertion that he was an attorney.
Cross-examined by MR. WILD. Q. By whom were you introduced to him? A. By Sergeant Waller, whom I have known perhaps two years—he said he was a clever man, and got one of the policeman's brothers off at Chelmaford who no doubt would have been transported if it had not been for the assistance he rendered him—I am a tailor by trade, but at that time I was in the police force—I have left it in consequence of this about two months—I was not discharged, I resigned—I gave notice about three months ago—one month's notice is required—I was not discharged, I left honourably, and no fault was found by my inspector or sergeant—I do not know that I have been in any difficulty with respect to paying my debts—I was never served with a copy of a writ before—Sawyer was with me when I last saw the prisoner—when I first saw him I was in a private room with him at the Angel at West Ham, and when I gave him the papers—I went to him at the Angel, with Sawyer, when the execution was levied on my goods—I know where the prisoner
lives—it is not far from the Angel, but bearing that he used that house, I looked in to see if he was there—I met Sawyer at his house—he is a coffee-house keeper—I asked him to go down with me—I wanted him there as a witness—I did not take a witness at first, because I thought I was going to meet an honourable man—I was going to Mr. Taylor—the prisoner's residence is very respectable—I should have thought a gentleman resided there—he told me that all this had gone on, and the execution had been taken out through his ignorance of the law.
MR. BODKIN. Q. Had you a good defence to this action? A. The prisoner told me I had.
JONATHAN SAWYER . I keep a coffee-shop and eating-house at Stratford. I know the prosecutor—I went with him to the Angel-inn, at West Ham, the latter end of August, a few days after all his goods had been taken away—I found the prisoner there—I asked him out of the room, and asked him how he let Judgment go by default, that this poor man should lose all his goods—he said Shean had a good defence, but he was ignorant of the law—he said he would return part of the money—Shean asked him for the papers—the prisoner told him he might go to h—, and do as he liked, he should not give up the papers, and, more than that, he challenged to fight him before I left.
GUILTY. Aged 34.— Judgment Respited.
Cross-examined by MR. DOANE. Q. These are called golden rods? A. Yes, there are very few about us—it is a very uncommon thing.
CHARLES COLLINS (police-constable K 30.) I found a quantity of osiers in a field—I watched, but no one came for them—I went to the prisoner's yard after the third day—I there found a lot of osiers concealed under tome turnip tops in the yard.
Cross-examined. Q. How many days after the Monday was he taken? A. On the Thursday—I have understood he took vegetables to market—I do not know whether he used osiers for tying them.
JAMES WEST (police-constable K 113.) On Thursday the 8th, I was sent in search of some osiers—I called at the prisoner's premises, and saw a bundle of osiers in his yard, corresponding with what were taken from the farm—he said he did not know how he came by them, he had had them three months, he did not know who he bought them of, he bought so many—I asked if he would allow me to take one rod from those he had—I did, and showed it to the prosecutor—I then went to the prisoner's yard, and inquired what had become of the bundle—he said he had used it—I found this bundle under the turnip tops—they correspond with those he said he had used.
Cross-examined. Q. Were there not a great many more? A. Yes, they were found near where he had been tying up bundles of vegetables.
JAMES MIDDLEBROOK . I am a dealer in osiers, and live in Red Lion-street, Spitalfields. These are golden willows—I have vast quantities of them—they grow very commonly about—I have sold the prisoner some—here is one that came from Squire Russell's park, and here is another that has passed through my hands.
NOT GUILTY .
MESSERS. CLARKSON and DOANE conducted the Prosecution.
ROBERT WOOD . I am carman to Mr. Coleby, corn-chandler, High-street, Stratford—he serves Mr. Sheppard with corn, On the 22nd of Nov. I went to his house with two quarters of oats—Ruffell was groom and coachman to Mr. Sheppard—I saw him in the stable, and by his orders I shot two of the sacks of oats into the bin, and the other two I pitched in the corner—on the 1st of Dec. I was seat there again with a sack of bran—I saw a new coachman there, and asked him for the sacks I had left before, which had my master's name on them—we could not find them—I saw Green there—I was afterwards taken to Lambeth-street—I saw two of my master's sacks there, which had his name on them—they were similar to those I had left with Ruffell.
WILLIAM GREEN . I am gardener to Mr. Sheppard. On the 1st of Dec., between four and five o'clock in the afternoon, I saw Wood at Mr. Sheppard's—in consequence of what he said I looked about for some sacks with Mr. Coleby's name on them—I could not find them—I went between five and six o'clock to Bush's stable at the Spotted Dog, at Upton—I found Bush and his man in the stable—each of them had a light—I saw a sack of corn, which had Mr. Coleby's name on it, standing on the manger, and two empty sacks hanging across the stall—I asked Bush how many sacks he had got of Mr. Coleby's there—he muttered something that I did not understand—he then took his light, and ordered his man to take the other light—they went into the barn, leaving me in the dark—when Bush opened the door that led into the barn, I saw a cart standing just inside the barn, loaded with straw—I went home, and told my master?—I then got M'Gregor, and went back with him to Bush's, about half-an-hour after—the sack which I had seen on the manger when I first vent was then gone—I asked Bush what he had done with the sack that stood on the manger—he said he had emptied it into the tub which stood close by—I looked into the tub—there were oats, beans, and bran in it—Bush had the two empty sacks in his hand, which I had before seen hanging across the stall—I asked him where the third sack was—he said he did not know—we then went into the barn—the cart which I had before seen full of straw was then empty, and a quantity of straw was packed up on the floor, of the barn—we began to move it about—Bush seemed very much confused, and said, "It is no use looking there, you will find no sacks there"—we continued our search, and found a sack of oats, near the bottom, under the straw—we pulled it out—that sack had no name on it—if the oats were the same that I had seen before, the sack had been changed—Bush said that was one sack of a quartet of corn which he had bought of Mr. Tanner, and he had sold the other sack to Mr. Pottle—I went to Mr. Pottle's, and got a sample of oats from his bin, and gave it to M'Gregor—they were very different to those we found in the sack under the straw—Ruffell left Mr. Sheppard's service on the last day in Nov.—he gave the keys of the stable to George Poulton, the errand-boy, and I saw him, take them into the kitchen—Bush was in the habit of coming to our stable—my master used to buy hay and straw of him.
Cross-examined by MR. BALLANTINE. Q. When you first went, you asked Bush how many sacks of Mr. Coleby's he had? A. Yes—he muttered something—I will swear I did not hear him say, "I don't know"—if I have sworn that I heard him say that, it is not true—I cannot swear that he did not say it—he might have said it—I have often seen Bush at my, master's—I cannot say when I saw him last.
seen when he was there first—Bush said he had emptied it into a barrel or tub which he pointed out—I went and found in the tub oats, beans, and bran, mixed together—I saw Green take up these two sacks of Mr. Coleby's—(looking at them)—Bush said he did not know how Coleby's sacks came there, but in his business sacks sometimes got mixed—I went into the barn, and saw a load of straw—we moved it about—Bush said we should find no sacks there—Green continued to search, and found a sack of oats with no name on the sack—Bush said, probably it was a sack that his man put there—he afterwards said he had bought one quarter of oats of Mr. Tanner, that he had sold one sack to Mr. Pottle, and this, was the remaining sack—I then left—I took Ruffell into custody at the King's Head—I told him Mr. Sheppard charged him on suspicion of stealing a quantity of oats from him—he said he knew nothing about them—after that I took Bush—I said it was on suspicion of receiving a quantity of oats which had been stolen from Mr. Sheppard—he said he knew nothing about them—I produce a sample of the oats taken from the sack found in the straw, a sample which Green took from Mr. Pottle's, and a sample I took from Mr. Sheppard's bin which corresponds with the sample taken from the sack in the barn—this sample from Mr. Pottle's does not correspond, it is very light.
Cross-examined by MR. PAYNE. Q. Did you set this sample taken from the bin at Mr. Pottle's? A. Yes—Green took it.
JOSEPH LIVERMORE . I came into Mr. Sheppard's service on the 30th of Nov.—I gave a sample of eats out of Mr. Sheppard's. bin at his stable—there were about four bushels in the bin—there are two horses there.
GEORGE GRIFFIN . I am servant to Mr. Pettle. My master bought these oats of Bush, I think, not more than a month ago—I received them from Bush's man—I had been sent to the Spotted Dog by my master—I saw Bush there—I asked him if he had brought those cats from the country which he had promised—he said no, but he was going to Mr. Tanner's after some oats for himself, and he would bring a sack for my master—Bush's man brought them afterwards, and they were put into the bin in my master's stable—I did not see Green take the sample from the bin, but there, were no other oats there.
LLAVELLYN GUNN . I am clerk to Mr. Norton, the Magistrate. I was present when the prisoners made a statement before him—I produce it—(reads)—"Ruffell says, 'Bush brought me half a load of straw on Tuesday, and the quarter of oats stood on the bin; he asked me for some of the oats; I emptied rather better than half out of each sack, and gave him the remainder.' Bush says, 'He gave me about a nose-bag full; I did not take away more than a nose-bag full on Tuesday, Last Tuesday fortnight my man went and fetched a quarter (two sacks) of oats; one sack I sent to Mr. Pottle's and the other was put on the scale that I weight the straw in.' " (The prisoners received good characters.)
RUFFELL— GUILTY [Recommended to mercy. See original trial image.] . Aged 26.
BUSH— GUILTY. Aged 46.Recommended to mercy. — Confined Three Months.
Before Mr. Baron Alderson.
384. ROBERT TAYLOR and EDWARD TAYLOR were indicted for feloniously assulting Francis Carter, on the 26th of November, putting him in fear, and taking from his person and against his will, 8 sovereigns, his monies and beating, striking and using other personal violence to him.
MR. CHARNOCK conducted the Prosecution.
FRANCIS CARTER . I am a builder, and live in Kingsland-road. On Saturday, the 26th of November, I proceeded to Woolwich, with a person named Brown, to inquire about my son, who had left home—we went to the barracks of the sappers and miners, and to the Edinburgh Castle—we were about Woolwich two or three hours—we left the Edinburgh Castle between eight and nine o'clock, and proceeded on the high-road to London; and after proceeding for about twenty minutes, we were knocked down in the road, near the toll-bar, by two men—I had hold of Brown's arm at the time and we were both knocked down together—Robert Taylor is the man who struck me—I did not see the other man—I did not hear him say a word—I was quite sober—Robert came behind me, the other man came in front—one hit Brown, the other hit me, at the same time—we were both down newly at the same time—I cannot tell whether he struck me with his hand or with anything in it—I felt a blow, first on the back part of my neck, and next on the temple—I received several blows—I do not know how many, I was down twice in the road—I did not observe where the men came from—they came on me of a sudden—I was on the opposite side at the time—I fell down, and got up again, and the second time Robert Taylor fell on me—I think I was up again as soon as he was—then we took hold of one another—he ran, and I ran with him—I had hold of him—he ran into the White Horse public-house—I called out for protection—I do not know what he said or did—he went away in a few minutes—I got some water, and washed one of my eyes in a tub that stood on the counter—I was smothered all over with blood—I could not see out of either eye—I ran in the dark—I did not search my pockets then—I did not see Robert Taylor again till he was in the station—at the time this took place I had eight sovereigns in my trowsers' pocket, and two loose in my coat pocket—they were so when I went out—I had no occasion to spend any part of those while out, nor yet of the two, till I got to the doctor's—I had a few shillings in the pocket with the two sovereigns—I did not examine my pocket at Woolwich—I had the two sovereigns there—I had them after the men went away—I did not lose them at all—I never took notice of the eight sovereign after I left London till I got to the station, after this was over—I then searched my pockets, and missed the eight sovereigns—I had not given these people any occasion for what was done to me—I never spoke to them, or to any individual, from the time I left the Edinburgh Castle—I had never seen them before—I never was in that road before.
Cross-examined by MR. HORRY. Q. You are in some uncertainty now about how you were struck? A. I cannot say whether it was with a fist—I cannot tell what it was—I considered it was a fist—I did not see the man strike me—I do not remember saying I was struck by a fist—I got up again after the first blow, which was on the back of my neck, I believe, because I went forwards first—then I had the blow in the face, and went backwards—Robert Taylor and me both went together to the White Horse—he took me there, and I took him there—he had hold of me when I went into the public-house—I cannot say he did not take me there, we were laying hold of one another—I had not the least intention of going there when I began to go with him—I could not tell where I was going—I was blind with blood and dirt—I was in confusion—I did not know for what purpose I had hold of him—we went into the taproom together—I cannot swear whether we sat down—I heard something said to me that I should not stop there, at the time I was bathing my face—I did not see Robert Taylor standing there then—I called for protection at that time—he might have gone away—I cannot tell whether he went away when the landlord said he would not let us stop—it could not be many
minutes afterwards—we were not there many minutes—I did not hear the landlord say I had better go after him, and prefer a charge—I never saw Edward Taylor—I did not feel anybody's hands about my person besides the blows—this is the coat I had on—I believe one button was buttoned at the time, but it was open when we got to the public-house—I went out about one or two o'clock—besides the ten sovereigns, I had a cheque for 5l. in my breast pocket, and 1s. or 2s. in silver—I did not lose the cheque—I was walking about for two hours and a half, or something like that—we had had no regular dinner, only a crust of bread and cheese—we were in a hurry to get off—I suppose it cost me about 18d. all day and I think Brown spent 1s.—we had no occasion to change any thing till we got to the doctor's—Brown did not get into any dispute with any one.
THOMAS BROWN . I am a solicitor, living in Cumberland-street, Hackney-road. On the 26th of Nov. I accompanied Carter to Woolwich—we went from the Blackwall railway at a quarter-past one o'clock—we left Woolwich a little after eight—we came from the Edinburgh Castle down the street to a small avenue, and Sergeant Stanley showed us the way to the Lower Road to go to Greenwich—we were in the middle of the high-road, arm-in-arm—we were perfectly sober—about fifty yards before we arrived at the turnpike-gate, we Were walking in the middle of the road, not noticing anybody—the two prisoners were by the side on the foot-path—one of them, which I cannot say, jumped from the left side of the road—I was walking on the side on which they were—one of them said, "Here are the two b—'s," or something of that kind—the prisoner Edward hit me in the neck, and then knocked me down, I believe with his fist—I believe Robert attacked Mr. Carter, but being knocked down, I can only remember getting on my hands and knees to get up again, endeavouring to rise, when Edward Taylor kicked me above the left eye—here are the marks—I became insensible, and was also kicked in my back very dreadfully—when I came to my senses, I had been dragged to the road-side by a person named Smith, who was standing by me—I then partly recovered, and immediately called out "Murder! Police!" several times—I followed up the road the way Edward Taylor had gone—Smith pointed out the way to me—I overtook him—Smith was there at the time, but whether by me at the moment I cannot say—I knew Edward Taylor again—I have no doubt he is the person—he admitted at the very moment he was the person who struck me—I then said I would never leave him with my life—I charged him with assaulting me without any cause, and attempting to commit a robbery—the policeman came up and took him to the station—he did not do anything when he struck me—I had not spoken to any person at all previous to their rushing on me—I had never seen them before to my knowledge—I lost nothing—I do not remember anything being done to my person while on the ground—I found my waistcoat open, and my handkerchief torn from my neck when I came to my senses.
Cross-examined by MR. PAYNE. Q. Do you sometimes call yourself an attorney? A. Yes, I have been to since the 28th of Nov., 1823, the last day of the Michaelmas term—I was admitted in the Court of Queen's Bench—I was articled to J. Hodgson, my cousin, of St. Mildred's-court, now in business in Wapping—I am not certificated—I am not in practice—I get my living by agency—I am not constantly about the Mitre in Chancery-lane—I am not there perhaps for a fortnight or three weeks at a time—I attend to a little business for Mr. Carpenter, a builder—he purchases ground, and so on—I think the last certificate I had was in 1834—I have been re-admitted, and intend to take one this year—I swear I have been an attorney for some years
—I have not practised since 1834—I have been getting my living as an agent since then—I have never done anything in the bail line—I do not know what "a straw in the shoe" is, or "leg-bail"—I never had anything to do with such practice—I have drawn briefs lately for different persons—I drew one for a person two days ago, not at the Mitre, but at my own house—a person came and desired to hate a small brief drawn, and I took a small sheet of paper and did it.
Cross-examined by MR. HORRY. Q. Did you miss anything? A. No, except some papers fell out of my hat on the road—they were picked up, and I got them again—my hat fell off, and Carter's also, and a by-stander gave it to me when I cane to myself—I did not see any man or woman as I was going along, to my recollection.
THOMAS SMITH . I am a labourer to a barrel-maker at Woolwich. On this Saturday night I had been to Woolwich to get my provisions for the week, and was returning towards Greenwich about half-past eight, I saw Edward Taylor beating a marine who ran away—I afterwards came up to the marine—about a quarter of an hour after I saw Brown and Carter walking along the road arm-in-arm—they were sober—I was before them, close to the turnpike, about fifty yards off—I heard a cry, ran towards them, and saw Edward Taylor knock Brown down very violently, and he said he would knock his b—y head off—I assisted in getting him tip, and Edward Taylor collared him again, look him several yards, and very nearly knocked him down again, while I was standing by—he walked towards the White Horse—I saw Brown knocked down twice by Robert Taylor—picked him up, and walked to the White Horse—his head waft bleeding very much, and Carter had a black eye. which was swollen as big as my fist—Robert Taylor and Carter struggled together, and never let go of one another till they got to the White Horse, which was between thirty or forty yards—the two together went on hanging together, into the White Horn—I did not go in, I stood outside—I lost sight of Robert—he had a hat and white frock on when he struck the prosecutor; and when I saw him, about half an hour after, he had a cap and a jacket.
Cross-examined by MR. PAYNE. Q. Was your wife with you at the time? A. Yes, just before I saw Edward beating the marine I heard a dispute—I saw Robert drag Carter into the White Horse, and sit him down—I heard nothing about either of the prisoner's wives before insulted.
Cross-examined by MR. HORNY. Q. Could you tell whether either of the prisoners had been on the ground? A. Neither—the road was very dirty.
ADAM REED . I am a watch finisher, and live in Brewer-street, Woolwich On the night of the 26th of November, about half-past eight o'clock, I was coming across the Greenwich-road, and saw Edward Taylor kick Brown, I think in the face, as he was on the ground—he appeared insensible and was bleeding—Robert had hold of Carter at the road-side—they appeared wrestling—I had never seen the prisoners before—I ha passed them and Brown and Carter, and at the solicitation of the two prisoners' wives went back—they said they had been ill-used by Carter and Brown, that they had attempted to rob them in the road—they said, "For God's sake, young man, go back for our husbands are gone after them, and we are afraid they will get injured"—I immediately went back, and found them struggling together—I knew nothing of the women before—I heard a cry, but I returned at the solicitation of the women.
Cross-examined by MR. PAYNE. Q. Did you hear Robert say he would not leave them, as they had attempted to rob their wives? A. I did.
and called for a pot of porter—they got to high words with each other—I prevented their quarrelling, and insisted on their leaving the house—they had been drinking a little—Edward Taylor's wife was with him—each of the prisoners had a large bundle, and the wife had a bundle, an umbrella, and a hatbox—I had never seen the prisoners before—Edward and his wife left first with their bundles, and Robert remained behind—in about ten minutes Edward's wife ran into the house, called to Robert, and requested him to come out, for his brother was fighting, and would lose his kit (meaning his bundle)—he immediately left with her, leaving his bundle and hat behind—in five or eight minutes he came back with Carter—whether he had hold of Carter's collar, or Carter had hold of his, I do not know, but both went into the tap-room together—Robert said he was one of the party who had attempted to rob his brother, and insulted his wife on the road—Carter's face was very much beat about, and bleeding, his eye nearly closed, and his clothes all over mud—he said, "I am no thief; I did not attempt to rob or insult your wife, or any of you, my character is as firm as your house, landlord"—I said, "I don't know anything at all about it, you had better wait, and let a policeman come and have the matter investigated"—I did not know which was right or wrong—on my saying that, Robert Taylor left the horse—Carter was then standing in the tap-room—he was not doing anything to his face.
GUILTY of an Assault. —ROBERT TAYLOR Confined Fourteen Days.
MR. CHARNOCK conducted the Prosecution.
WILLIAM KLELER (police-constable A 83.) On the evening of the 26th of November the prisoner was brought to the station on the other charge, and among other things I took from him this spirit level—I asked him about it and he said he had bought it at the Sheer Hulk.
JAMES PEARCE . I am a carpenter, and live in Warwick-street, Woolwich. The prisoner was under my employ—this spirit level is mine—I made it, and my name is written on a piece of paper underneath the glass—I saw it safe on the 26th of November, in the new basin in Woolwich dockyard, where it was for the use of the carpenters and bricklayers—I missed it on the 28th—I mentioned in the prisoner's presence that it was missing, and he came to me twice afterwards to ask if I had found it—it was no part of his duty to use it.
Cross-examined by MR. HORRY. Q. What was he employed at? A.
Driving piles—I know it was on the 28th that I missed it as it was a rainy day, and we gave in work at half-past two o'clock—I made injuries for three or four days of a week, but could not find it—I do not know whether the prisoner can read.
GUILTY . Aged 32.— Confined Six Months.
MR. CHARMOCK conducted the Prosecution.
AGEORGINA AMELIA SAMUEL . I am single. I know the prisoner—I was present about four years ago last May, when he was married to Maria Range at St. George's, Hanover-square—I was bridesmaid—they lived together as man and wife for year and more, and had one child while I was acquainted with them—Range is now living in Cumberland-street, Chelsea—I saw her last Sunday night at ray lodging, Sidney-terrace, Marlborough-road—she is now thirty-three years old.
Before Mr. Recorder.
Cross-examined by MR. PAYNE. Q. How long had you known her before they married? A. Between three and four years—I knew John Range—I do not know what relation he is to Maria Range—I do not know whether he is her husband—I knew him before he was married—I heard he was married—I do not know who to—I always knew Maria Range by the name of Range—I never knew her as Maria Brown—I did not know her till about four years before she married the prisoner—she was then living in College-place—she had no children, to my knowledge, before she married him—I never saw any—I was not acquainted with her—I only went to and fro to the house after work—I am a dressmaker—it is as much as ten years since I saw John Range—I never saw his wife.
COURT. Q. Did you know that Maria Range lived with him as his wife? A. No.
MR. PAYNE. Q. Did you not know she was a married woman? A. She was called Mrs. Range—I did not know her Christian name till she married the prisoner.
SAMUEL EDWARD FREEMAN (police-sergeant R 3.) I produce an examined copy of the marriage register of St. George's, Hanover-square—I compared it with the register in the vestry-room with the parish clerk—it is a true copy—(this certified that John Joliffe and Maria Range, widow, of Little Maddox-street, the daughter of James Brown, were married on the 22nd of May, 1838)—I also produce an examined copy, which I procured from Bromley—(this certified that John Joliffe, bachelor, and Elizabeth Winterburn, spinster, were married on the 4th of October, 1841)—I compared this with the entry, at the clerk's house—it is a true copy.
ELIZABETH WINTERBURN . I first knew the prisoner in June, 1841—I then lived in service at Mottingham in Kent, and he came there to work at a plasterer—he never told me he was married or single—I was afterwards married to him at Bromley—I took it for granted that he was single—I had no reason to suppose he was married—I never asked him—we were married on the 4th of October, 1841—my brother Joseph was present—I lived with the prisoner fourteen months, and have one child by him—I discovered his former marriage by his former wife coming to Lewisham—she made a communication to me when he was not at home—she afterwards saw him, in my presence, two months back—I believe she came for money—she said, in my pretence, that she was his wife—we did not separate from that exactly—I lived with him about a month after—I did not know for a truth that he was married.
Cross-examined. Q. Did he behave kindly to you? A. Yes, with the greatest kindness—the first wife said she wanted assistance for the children—I am bound to come here, but I have no wish to prosecute.
MR. PAYNE called,
ELIZABETH BROOK . I am the prisoner's mother—I have been married since he was born—I produce a certificate which I examined at the church of St. Martin-in-the-Fields with the clerk—I know John Charles Range very well, and Maria Range—I have seen them together many times—they passed as man and wife—I knew him before he was married—his father was a marine store dealer—he has been abroad, and I have seen him since his return, I think about four years ago.
COURT. Q. When did you know of your son being married to Maris Range? A. I did not know it for a certainty until this affair happened—I was afraid he was married—she lived at her sister's, and my son went there to sleep sometimes—she passed by his name from the time she was first pregnant
until nearly the time of her lying-in, and then she reported that she was married—I knew John Charles Range very well, and all the family—they are, all in America now, for aught I know—I think Maria Range was living in Capel-street, at the time I knew her, and John Charles Range, nearly opposite her father's house, and from there she went to live with her sister—they parted very soon after they were married, and all his family went to America—he wanted her to go with him but she would not—I think I last saw John Charles Range alive about five years ago—after he came from America the first time he went to live with Maria Range and her sister in Caroline-place for a little while.
MARY ANN DUNN . I am single and live at Chelsea—I know Maria Range, she lives at No. 11, Cumberland-street, Chelsea—I saw her last about a month ago—I knew John Charles Range—be used to go by the name of Charles, I never heard him called John—I never saw him and Maria Range together—I have seen John Range within the last three years—I met him by the Gs tavern, Pimlico—I said, "What brought you here?"—he said he had come over on business—he lived within a few doors of me with his mother, about thirteen years ago, at Chelsea—I never heard of his marrying.
COURT. Q. In what year was it you saw him? A. I cannot give the year, I am no scholar—I do not know what year this is—there was no one with him—he used to live with his father and mother, close by me—I think it was No. 12—they were marine-store dealers—it was in the winter quarter that I saw him by the Gun, I think December—I said, "How is your father and mother?"—he said, "They are very well," and he had come over from America to settle business—Range took all his family to America—he was a Chelsea pensioner—I think there was another son, I believe his name was not John—I know nothing of James Brown—the marine-store shop was at the corner of Francis-street, Chelsea.
MRS. BROOK re-examined. That was where Charles Range lived—there were two sons, John Charles, and Alfred—I positively swear that I knew one go by the name of John Charles—he was generally called Charles, but his proper name was John Charles—I heard he had a great deal of money left him—I do not know what acquaintances he might have in England—I never saw him or Maria Range write—I do not think she could write.
Before Mr. Common Sergeant.
GUILTY . Aged 18.— Confined Three Months.
RICHARD HOLMES . I am a shoemaker, and live at Eltham. About six o'clock in the evening of the 9th of Dec. I saw the prisoner standing about the prosecutor's door—he went in nearly on his bands and knees, and came out with something in his hand, which I took for a brown paper parcel—he came towards the—I stopped in the path to recognise him, and I gave information—he went towards the churchyard.
NOT GUILTY .
Before Edward Bullock, Esq.
GUILTY . Aged 27.— Confined Four Months.
390. EMMA BIRTHRIGHT and JANE BRIGGS were indicted for stealing, on the 3rd of Dec, 6 spoons, value 20s.; and 1 ring, 2s.; the goods of Ann Sophia Darby: and 3 spoons, 8s., the goods of Benjamin Hall; to which
JANE BRIGGS pleaded
GUILTY . Aged 18.— Confined Three Month HARRIETT HALL . I am the wife of Benjamin Hall, of Lewisham. About the 3rd of Dec. I missed three spoons—both the prisoners were in the habit of coming to my place—three of these spoons produced by the pawnbroker are mine—they have no initials on them, but I have three spoons here to match them—I believe on my oath that they are mine. JOSEPH SHARP. I am a pawnbroker. I produce four spoons pawned on the 3rd of Dec. by Birthright, in the name of Emma Smith—she said she pawned them for her mother, and her mother's name is down as well. —WILL IAM THOMAS ARTHUR (police-constable R 202.) I took both the prisoners—Birthwright was held to bail—she said she knew nothing at all about them, till I got her to. the pawnbroker's door, and then she said, "I did pledge four of the spoons."
Birthright's Defence. Briggs gave them to me, and told me to pledge them In the name of Smith, and say they were my mother's.
BIRTHRIGHT— GUILTY . Aged 21.— Confined Three Months.
CHARLES MORTON . I keep the Tiger's Head, at Lee, in Kent. I employed the prisoners' master to paint the house—all the prisoners were employed there on the 4th or 5th of Dec.—on the 6th I missed some lead pipe which had been dug up out of the garden where there had formerly been a brewery—I had seen it safe on the 2nd or 3rd of Dec.—I have not seen it since.
Cross-examined by MR. BALLANTINE. Q. Are you quite certain about all these prisoners being at work on that day? A. I am certain they were at work on Monday, the 5th of Dec.—I saw them at work, and can speak dearly to them—I knew this pipe was in the ground—it was worth 4s. or 5s.
RICHARD LEVBRSUCH . I am a gardener, and live at Lee. On the 5th of Dec. between four or five o'clock in the afternoon I saw Pluckrose in Mr. Morton's garden, and saw him chuck a piece of lead pipe over the fence to Bayley, who was on the other side—Bayley took it, I am sure.
Cross-examined. Q. Where were you standing? A. I Was coming by—there is a fence which parts the path and the garden—I could see over the fence.
(Bayley received a good character.)
BAYLEY— GUILTY . Aged 32.
PLUCKROSE— GUILTY . Aged 17.
✗ confined two months.
MYERS and TOOTH— NOT GUILTY .
Before Mr. Recorder.
GUILTY . Aged 46.
(Colonel Fox; Sir D. M'Dougal; and Garrick, Esq., Magistrate of Surrey, gave the prisoner a most excellent character; he was also very strongly recommended to mercy by the prosecutors.) Confined Two Years.
Before Edward Bullock, Esq.
JAMES BARBERRY . I am foreman to John Slater, a shoemaker, in Union-street, Borough—these cloth boots are his—I saw the prisoner take them from the shop-window, and run away with them between nine and ten o'clock on the night of the 3rd of Nov.—I followed and saw him throw them away—the policeman secured him—a person took up the boots and gave them to me. EDMUND MATTHEWS. I am a policeman. I heard the cry of "Stop thief," and took the prisoner as he was running.
EDWARD M'DONNELL . 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—(read)—I was present at his trial, he is the person.
GUILTY . Aged 20.— Confined Six Months and Whipped.
Before Mr. Baron Gurney.
394. JOHN ARNOLD was indicted for feloniously breaking and entering the dwelling-house of James Wright, on the 3rd of Dec. at Bermondsey, and stealing therein 2 coats, value 5l., 1 waistcoat, 10s.; 1 pair of trowsers, 1l. 4s.; 1 handkerchief, 4s.; 1 watch, 14s.; I gown, 1l., 1 quilt, 2s. 6d., I bag, 1d. 1 half-crown; 5 shillings, his property: and 1 coat, 2l. 10s.; 1 waistcoat, 15s.; 1 pair of trowsers, 1s. 6d., 1 watch, 1l., 1 handkerchief, 4s.; 2 shirts, 8s.; and 2 sovereigns, the property of Henry Clark: 2 coats, 3l., 1 waistcoat, 10s.; 1 pair of trowsers, 1l., 1 handkerchief, 4s.; 1 watch, 1l. 10s.; 1 half-sovereign, and 4 shillings; the property of Joseph Clark.
THOMAS WEST . I am a policeman. On the evening of the 3rd of Dec, at seven o'clock, I was in Bermondsey, about 200 yards from Mr. Wright's house, and saw the prisoner in Neckinger-street, with a large bundle on his back, coming in a direction from Wright's towards Black friars-road—I stopped him and asked what he had got there—he said, a bed—I asked where he was going to take it—he said to Webber-street, Blackfriars-road—I felt it, and found it was not a bed—I examined it, and it contained five coats, three waistcoats, three pair 3 of trowsers, a dress, two handkerchiefs, two shirts, and was tied up in a quilt—as he was going to the station, he said some woman had given him half-a-crown to carry it.
Cross-examined by MR. CHARNOCK. Q. Did he produce anything? A. He produced half-a-crown at the station.
ELIZABETH WRIGHT . I am the wife of James Wright, and live at No. 3, Charles-street, in the parish of Bermondsey. On the evening of the 3rd of Dec., I went out about half-past six o'clock—I locked the door quite safe—I bolted the back door—left the street door on the lock, and a candle burning in the back room—I returned at twenty minutes after seven, and found the
front and back doors both wide open, the candle blown out, and put on a chair behind the street door—I went to the first floor, and found the chest stripped of the wearing apparel, the quilt off the bed, and on the second floor all the clothes were gone—the articles produced are part of what were stolen—three watches, and 3l. in money, which were gone, have not been found—the value of all the property taken is upwards of 20l.—one of these coats is my husband's, and one my son Henry Clark's—there was a waistcoat of my husband's, and trowsers, and handkerchief, a gown, a quilt, and watch, besides a coat, waistcoat, trowsers, watch, handkerchief, and shirt of Henry Clark, my son; and a coat, a waistcoat, trowsers, handkerchief, and watch of Joseph Clark, another son—all the clothes are here except one silk handkerchief.
Cross-examined. Q. Was anybody with you when you left the house? A. No—it is a new house, and has a new door and lock—I am quite certain I fastened the door after me—I tried it after me.
GUILTY . Aged 23.— Transported for Fifteen Years.
Before Mr. Recorder.
ALFRED MAYHEW . I live at Mortlake. On the evening of the 9th of Dec, the prisoner came to my shop, and said he wanted some blankets for Sir Charles Ogle, and, that he had directions to look at some for him—I showed him some—he said he also wanted forty yards of stout calico at 6d. a yard, and a piece of Irish linen for gentlemen's shirts, not to exceed 2s. a yard, which he was to take with him, and four dozen buttons—he said the carriage had gone out, and the coachman had unfortunately taken the order with him, that he would call as soon as the carriage returned to East Sheen, and bring the order—he called again in about an hour and a half, and brought an order wafered—he said, "I have got the order at last, I am as tired as a dog, I have been waiting about all the evening for him"—I did not let him have anything—when he first came, he said he believed it was through the housemaid that I had received the order from Sir Charles, from her recommending me—I said it was very probable, for I had supplied the housemaid with goods, and was extremely obliged to her for recommending me—he said the carriage would stop at Mr. Blanchard's, at the Hare and Hounds—he said he was servant to Sir Charles Ogle—I looked out the Irish linen—I did not furnish him with any goods, but told him as he was a perfect stranger, unless he could introduce me to a tradesman in the neighbourhood who knew him to be in Sir Charles's employ, I would send them up in the morning—he said he knew nobody in the neighbourhood, but Mr. Blanchard who knew him in Sir Charles's service—I said, "Very well, I will take the goods there with you, and if they know you, you can have them"—he objected, and said, "Never mind, send them all up to-morrow morning; I dare say it is necessary for tradesmen to be cautious, and I approve of your caution"—he said the paper was an order from the housekeeper for the goods.
Prisoner. I never told him I was in Sir Charles Ogle's employ. Witness.
You said Mr. Blanchard and Mr. John Payne knew you to be in Sir Charles Ogle's employ, and that satisfied me you were—(Order read)—"Mount Claire, Roehampton,—Sir,—Please to send me by Mr. Stevens, a piece of Irish, good at about 2s. per yard, and six yards of very fine for fronts—four dozen of nice buttons for collars and fronts; on Monday morning send up twelve pairs of blankets, such as you generally sell for charities, but let them be large enough for a full sized bed; forty yards of calico, stout at 6d., and
the bill of the whole bring with you, and I will pay you; be particular about the Irish, and be sure and let it be good; you will oblige E. THOMPSON, housekeeper to Sir Charles Ogle."
JOHN GALE (police-constable V 153.) On the evening of the 9th of Dec. the prisoner passed me in East Sheen-lane—the prosecutor desired me to take him into custody for attempting to obtain goods under false pretences—the prisoner said he had come from Roehampton—I went to Mr. Blanchard's with him, and Mr. Mayhew asked Mr. Blanchard whether the prisoner was in the service of Sir Charles Ogle—Mr. Blanchard said he was not—the prisoner made no remark—Mr. Blanchard knew him, and said his name was Lynn—I went to Sir Charles Ogle's, and saw the housekeeper.
ELIZABETH MYATT . I am housekeeper to Sir Charles Ogle, of Mount Claire. There is no other housekeeper there, nor any servant named Thompson—I never saw the prisoner till he was in custody—I did not give him this paper, nor did any body, to my knowledge—he is not in the service of Sir Charles—I do not know the handwriting of this paper—I did not send any body for the articles mentioned in it.
Prisoner. The young woman who gave It me represented herself as housemaid to Sir Charles Ogle. Witness. There are two housemaids—their names are Marlow and Mardle.
Prisoner's Defence. She told me she came from Sir Charles Ogle with the order, and I was to leave it, for the goods to be sent to Mr. Payne, the batcher, or to Mr. Blanchard. The prosecutor offered me the goods to take, and I said he had better send them.
GUILTY .* Aged 43.— Confined Two Years.
RICHARD GUT . I am shopman to John Matthews, a shoemaker, in Black-friars-road. On the afternoon of the 11th of Nov. the two prisoners came to the shop with another female—the other one asked for a pair of clogs, but bought none—they were about five minutes in the shop, and left together—I saw Lovett take a boot off a form, inside the shop; and when they got out she handed it to Avern, who put it into her basket—I followed and gave them in charge—I have the fellow-boot here.
Lovett, I did not take it. The other girl asked us to go in about the clogs. He could not see me take it, because I was standing up; the other girl sat on the form. Witness. Lovett took it, and it was she sat on the form.
Cross-examined by MR. CHARNOCK. Q. Was the other female rather older than the prisoners? A. Yes—I am certain this is the boot—Avern was a very short distance from Lovett—she was persuading them to come in and look at the things, before they came in—she said to the others, "Go in, and try them on"—they had got two or three yards from the shop when I came up to them.
BENJAMIN PARSONS . I am a policeman. I produce a certificate of Avern'a former conviction, which I got from the office of the clerk of the peace for Surrey—(read)—I was present at her trial—she is the person.
Cross-examined. Q. How many trials have you been at since that? A.
One—I have not had a female in custody since—I have seen Avern in company with thieves and prostitutes.
LOVETT— GUILTY . Aged 19.— Confined Three Months.
AVERN— GUILTY . Aged 14.— Transported for Seven Years.
Before Edward Bullock, Esq.
397. WILLIAM AYLEWOOD, Jun., was indicted for stealing, on the 23rd of Nov., at St. Saviour's, Southwark, 13 sovereigns, 16 half-crowns, and 110l note, the property of William Aylewood, in his dwelling-house; to which he pleaded
GUILTY . Aged 13.— Transported for Ten Years.—Parkhurst.
Before Mr. Baron Gurney.
398. HENRY KEENE was indicted for feloniously breaking and entering the dwelling-house of James Piggott, on the 11th of Dec, at St. Saviour, Southwark, and stealing therein 3 coats, value 2l. 12s.; 1 gown, 1l.; 1 watch, 1l., 1 shawl, 3s.; the goods of William Robinson: and 7 spoons, value 1l. 15s., the property of James Piggott.
JAMES PIGGOTT . I live in Redcross-street, in the parish of St. Saviour's, Southwark. Last Sunday I left my house about twelve o'clock, with my wife, leaving it in care of a lodger—we returned about ten minutes past eight o'clock in the evening, and as my wife was going to put the key in the door three men rushed out on her, and nearly knocked her down—I caught told of the prisoner, who was one of them, and held him till the policeman came up, who found nine spoons in his pocket, seven of mine, and two of my lodger's.
Cross-examined by MR. PAYNE. Q. What became of the other two? A. They ran away—I cannot say whether they were older than the prisoner.
SARAH ROBINSON . I lodge with Mr. Piggott. They went out between twelve and one o'clock—I went out at half-past six with my husband—I am sure I left the door quite fast—we came home between ten and eleven—I found that two of my spoons were gone, and a watch and three coats were packed up ready to go—the drawers were all opened, and ransacked—I lost about 5l. worth of property.
Cross-examined. Q. Did you try the door so as to be sure it was fastened? A. Yes—we were the last persons that left the house.
MR. PIGGOTT re-examined. These are my spoons—the value of the property I lost was 1l. 15s.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Twelve Months.
Before Mr. Common Sergeant.
399. MARY ANN EDWARDS was indicted for stealing, on the 9th March, 3 sheets, value 2l., 2 shawls, 8s.; 1 shift, 3s.; 1 table-cloth, 8s.; 1 coat, 1s.; and 1 waistcoat, 3s.; the goods of Francis Roberts, her master; to which she pleaded
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 34.— Confined Four Months.
401. CAROLINE WHITTAL was indicted for stealing, on the 6th of Dec., 1 purse, value 6d., 5 half-crowns, 3 shillings, 2 sixpences, and 2 half-pence, the property of William Oat Sanders, from his person.
WILLIAM OAT SAUNDERS . I live in Great Guildford-street, and am a baker. On the 8th of Dec, between one and two o'clock in the morning I was coming along Fleet-street, into Bridge-street, and the prisoner asked me to give her a glass of porter—I said I would not—she followed me over the bridge—she said it would be a great charity if I would give her a glass of porter, as it was very foggy and cold—I told her I would not give her porter, but if anything would do her good, I would give her 1 1/2 d. worth of gin—we went into the Cross Keys and had 1 1/2 d. worth each—I took my purse out of my coat pocket, and took a sixpence from it—I put my purse back again—I had six halfpence in change out of the sixpence—when we came out of the public-house, she asked me if I would go home with her—I said no, I had a wife at home—she put her arm round me, and I felt her hand go into my breastcoat pocket—I found my purse was gone—it had contained five half-crowns and other silver, amounting to about 25s.—I followed her, and gave her in charge.
CATHERINE DRURY . I am searcher at the station, I searched the prisoner between one and two o'clock that morning—I found five half-crowns, three shillings, two sixpences, and two halfpence in her pocket—I found no purse. WILLIAM OAT SAUNDERS re-examined. I had more money in my purse, but some was dropped on the pavement, and was picked up by people pining.
JURY. Q. Had you been drinking before? A. No, I had been to a benefit society, in St. Martin's-lane—I and another had a pint of half-and-half, that was all we had during the evening.
Prisoner's Defence. I met this man; he was partly tipsy; he asked me where I was going; I said home; he gave me 1 1/2 d. worth of gin, and took the same himself; he then gave me a shilling, and took me down a turning; he wanted the shilling back, and I would not give it him; be then followed me, took the shawl off my back, and gave charge of me; the money was my own; I had been two hours and a half with a gentleman, and he gave me all the small silver he had; the prosecutor said he did not know how much he was robbed of.
NOT GUILTY .
GUILTY .—Aged 19. Transported for Seven Years.
JOHN BRAGG . I am a pawnbroker—I produced these articles—they were pawned at our shop by a woman—the prisoner has been in the habit of pawning at our shop in the name of Ayliffe—that is the name they are pawned in—I have no recollection of taking them of her.
SAMDEL WRIGHT . I took the prisoner—I said it was for stealing these things—she said she had taken them and hoped she should be transported that there was another person in it, but she would not mention the name.
Prisoners Defence. There was a woman who used to have the sweeping, she asked me to let her have things to make money of; I let her have them with a promise to get them hack again.
GUILTY . Aged 30.— Confined Six Months.
GUILTY . Aged 24.— Confined Six Months.
405. EDWARD DYKES was indicted for stealing, on the 6th of Dec., 13 spoons, value 6s.; 1 till, 6d., 1 clock-key, 6d., 4 half-crowns, 20 shillings, 100 sixpences, 60 pence, 288 halfpence, and 144 farthings; the property of Ann Crouch: also, on the 7th of Dec, 1 looking-glass and stand, value 1l. 10s., the goods of James Cross: and that he had been before convicted of felony: to all of which he pleaded
GUILTY . Aged 25.— Transported for Seven Years.
406. SAMUEL JOHNSON was indicted for stealing, on the 1st of Dec., 1 sack, value 2s.; and 260lbs. weight of flour, 1l. 16s. the goods of William Carpenter, his master: and THOMAS ONIONS , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. PRENDERGAST conducted the Prosecution.
ROBERT BUTCHER . I am a miller, and am agent to Mr. William Carpenter, of the Greenwich Steam-mills—I go round to various customers, in my gig to sell the flour—I take a boy with me. I was out on the 1st of Dec., and saw Mr. Carpenter's wagon standing opposite the prisoner Onions's house, in the Old Kent-road, on the other side of the road—Johnson had charge of that wagon—I saw a sack of flour, with Mr. Carpenter's name on it, being carried across the road from the wagon—the man who carried it was going towards Onions's house—he went down a sort of hill, and towards a lane, where, I suppose, he thought there was a side-door to Onions's house—Johnson beck oned him—he came back, and went to Mr. Onions's—the way he was going would have taken him by an indirect way to Onions's house—at this time Johnson had not an opportunity of seeing me, because I was behind a wagon—Onions was standing at his own door, and saw all that was going on—Johnson had joined the man who had the flour, assisted him up the hill with it, and then went into Onions's house—I then drove up to the door, and said "Well, Johnson, what are you after?"—he said, "I have brought Mr. Onions a sack of flour"—I asked how he received that flour—he said the order was given at the mill, and he received it out of the delivery-book—I asked him to show me the ticket—he said it was in the house—I requested he would fetch it me—he said he would, and went in—I expected he would bring me the ticket—I sat in my gig some time—he did not come—I got out of the gig and ran into the house—there was no one in the shop, but I heard a talking below—I ran down stairs to the bake-house, where I saw Johnson, with the sack in his hand, and the flour was shot into the trough—I said, "Johnson, where is the ticket for this flour?"—he said he had not got one—I said "Then, I won't suffer this, this flour is stolen"—Onions, who was there, said "The flour is shot now"—I said, "I do not care about that, I will have the flour put up again; I will send for a policeman, and have you put into custody"—I took charge of the wagon, and when Johnson was at the station I asked for his delivery tickets, and he gave me two, one to Mr. Amos, for thirty sacks of flour, and the other to Mr. Dyer, for one sack of meal—the wagoner is bound to have a delivery ticket with every parcel of goods delivered to him—Onions had been a customer of Mr. Carpenter's several years
ago, bat at this time he was not trusted with goods, he had to pay the money beforehand—he paid ready money, and took the goods away with him—the delivery tickets are given from the counting-house—when a person gives orders for floor, he goes to the counting-house, and a delivery-ticket is made out, and the wagoner is charged with it, and has the ticket—there is no mode of taking out flour without a delivery-ticket made out from the counting-house—both the prisoners were aware of that—when I sent the wagon home I told Bell, the boy who was with me, to follow the tail of the wagon, so that he could swear that nothing was taken out of it; and when I got home to the mill I counted and found thirty-one sacks of flour in it, and one of meal, including the one Onions had had, and which was put back again.
Cross-examined by MR. CLARKSON. Q. Johnson is lame, is he not? A. He brought the sack of flour from Onions's door—I know that he employed a man for the purpose of carrying it for him—I did not lee this wagon loaded—Mr. Ritchie is employed on our premises—he is not here—when a readymoney customer had a sack of flour, he always had a delivery-order out of the ticket-book—there has never been a habit of delivering a sack of flour without a ticket.
MR. PRENDERGAST. Q. You are quite sure there is a delivery-ticket in every instance? A. Yes, for every parcel of goods sent out of the mill—Johnson was perfectly aware of that—we have no means of detecting the misappropriation but by the ticket.
ROBERT BELL . I am in the employ of Mr. Carpenter. I received orders from Mr. Butcher to watch the wagon back to the mill, and I did so—I saw the floor carried into Onions's house by a man employed with Johnson—I saw Johnson beckon to him—he put his hand to the sack of flour, and helped the man up the hill with it—I did not see the sacks counted afterwards, but I watched them safely to the mill.
Cross-examined. Q. We understand it is the practice to have a delivery-order either from the ticket-book or the delivery-book for all floor sent out? A. Yes—there has been no instance since I have been there in which that has been omitted—I was present at the loading of the wagon—Johnson was in the service before I was—I have only been there eight months.
MR. PRENDBROAST. Q. Was Johnson there when the wagon was loaded? A. When I put the last sack of flour in the wagon he was present.
JURY. Q. Why did not you count the sacks? A. I trusted to the man's honour to take the right order—I wheeled the flour to the man who was loading it—it was the man who was with Johnson, and who has run away—it was my duty to count the sacks, hut I did not.
(Johnson received a good character.)
JOHNSON— GUILTY. Aged 43.—Recommended to mercy by the jury. — Confined Six Months.
ONIONS— NOT GUILTY .
GEORGE ALFRED THIES . I am a baker, and live in Southwark. On the 11th of Dec. I put a shilling which was not particularly marked, and some Pence and halfpence which I had marked into my till—I went to bed about
five minutes before twelve o'clock at night, and got up at four the next morning—about a quarter before six I examined my till, and missed some money—I sent for the policeman—he searched the prisoner's jacket, and found some money—no one had been in the house from the time of my going to bed and the policeman finding the money—the street-door was locked, and I had the key—the money found was the marked money, and is here now—this is it.
Cross-examined by MR. PAYNE. Q. Did the prisoner ring the bell for you to get up? A. Yes—his jacket was hanging in the bake-house—any one who was there could have got at it—I found there was money in it by passing by—I found the till locked—these are the same penny pieces that I had locked up in the till, I am positive—the prisoner had been with me seven or eight months—I had no quarrel with him.
GUILTY . Aged 23.— Confined Six Months.
Cross-examined by MR. CHARNOCK. Q. Whose things were these? A. Mrs. Holt's, who keeps a large boarding-school at Peckham—they are marked "H. H."—I had many things come so marked—I always put my private mark on the articles, which is two crosses—here is half of it now left In this shift—I have marked a great many of Mrs. Holt's—the prisoner worked for me about six years—she left me five or six months ago—we had a few words, and I discharged her—she said, "When you get rid of me, you think you will get rid of the thief—I said to her, "You are a young woman, and I dare say you will easily get work"—I did not say I wished her well—when she left me she went to work for Mrs. Spinks, a laundress—I do not know about Mrs. Spinks being a rival of mine—I went to Mrs. Spinks before the prisoner went to her service—I did not give her a dishonest character—Mrs. Spinks took her, and she was there till I took her into custody, which was two or three weeks after she left me—a person named Grice worked for me, but I discharged her.
Cross-examined. Q. Do you mean you found on her a duplicate which relates to this shift? A. Yes—it dropped out of her lap—it is dated 31st of March.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Nine Months.
(There were two other indictments against the prisoner; and the prosecutor stated she had lost more than 20l. worth of property, and two or three customers.)
409. JAMES HIGHMARSH was indicted for stealing, on the 23rd of Nov., 1 shawl, value 3s. 6d. the goods of Joseph Lockyer Clothier, and William Clothier; and that he had been before convicted of felony.
JOSEPH LOCKYER CLOTHIER . I am in partnership with my brother, William Clothier—we are pawnbrokers, and live in Frederick-place, Borough-road. I had a shawl fastened inside my door—I saw it safe on the 23rd of Nov. about seven o'clock—soon afterwards I heard a noise like a string snapping—I turned my head, and saw the corner of the shawl leaving the shop—I ran
out, and saw the prisoner running—I saw him drop the shawl, and I directly caught him—it was my shawl—this is it.
Prisoner. It was between seven and eight o'clock at night—it was dark; he could not see who dropped it. Witness. Yes, I distinctly saw him drop it—he ran into the middle of the road, which and well lighted.
RICHADRD Wood (police-constable M 115.) I took the prisoner.
Prisoner's Defence. I heard a cry of "Stop thief." I ran, and slipped down in the road, and somebody running by threw the shawl away. I got up, and he took me, and called for a policeman; there was not one for a quarter of a mile in the road, and he said, "Go to the station." I went with him, and the policeman came and took me there.
EDWARD NEWEN (policeman-constable M 65.) I produce a certificate of the prisoner's former conviction, which I got from the clerk of the peace of Surrey—(read)—the prisoner is the person.
GUILTY .* Aged 25.— Transported for Seven Years.
ADJOURNED TO MONDAY, JANUARY 2ND, 1843.