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, January 2nd, 1843, and following Days.
Before the Right Honourable JOHN HUMPHERY , LORD MAYOR of the City of London; Sir John Gurney, Knt., one of the Barons of Her Majesty's Court of Exchequer; the Right Honourable Thomas Erskine, one of the Justice of Her Majesty's Court of Common Pleas; Sir William Wightman, Knt., one of Her Majesty's Justice of the Court of Queen's Bench: Charles Farebrother, Esq.; William Taylor Copeland, Esq.; Thomas Kelly, Esq., Sir Chapman Marshall, Knt.; and Thomas Johnson, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Michael Gibbs, Esq.; John Johnson, Esq.; Sir James Duke, Knt.; and Thomas Farncomb, Esq.; Aldermen of the said City: John Mirehouse, Esq.; Common Sergeant of the said City; Edward Bullock, Esq., Judge of the Sheriff's Court; Her Majesty's Justice of Oyer and Terminer and Goal Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
HUMPHERY, MAYOR. THIRD 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, January 2nd 1843.
Before Mr. Recorder.
NOT GUILTY .
OLD COURT.—Tuesday, January 3rd, 1843.
Second Jury, before Mr. Recorder.
MR. CLARKSON conducted the Prosecution.
JOHN AUGUSTUS LOCK . I am warehouseman, in the employ of John Ismay Nicholson, who has one partner. They have a wharf, called Nicholson's wharf, China and East India warehouse, near London-bridge—the prisoner had been in the prosecutor's service, and left about a fortnight before the day in question—on Saturday, the 10th of Dec. I saw him several times in the day, hanging about the premises—he was not employed there then—I thought it right to watch him, and about a quarter past three o'clock in the afternoon I was in a warehouse on the lower floor, and he was standing at the corner, in a recess in the gateway—I could command a view of his person—there is a loop-hole to every floor—I saw a bag come down from tht loophole on to the ground under it—the prisoner immediately picked it up, and ran away with it up the gateway, towards Thames-street—I left the wave-house, and ran, and was in pursuit of him before he got out of the yard—he saw me, and then dropped it about twenty yards from where he picked it up on the wharf—I ran across Thames-street—I saw him in Love-lane—I was unable to stop him, and having left the warehouse open, and a desk containing money, I returned to the warehouse—I picked up the bag—the constable examined it in my presence—it contained black tea—there was tea in the warehouse above—I went the same evening, about six, to where the prisoner lives, with the constable, inquired for him, but could not find him—I waited for half an hour, and he came to the door—I advanced towards him—he saw me, and ran away—I went in pursuit of him, with the constable, and took him.
Cross-examined by MR. PAYNE. Q. Where were you standing when the
bag dropped? A. Inside the warehouse, on the lower floor, directly underneath the loop-hole—I could not see the loop-hole—the person who took up the bag could not see me—I was looking through a glass-door of the warehouse—the loop-hole is above the door—he could not see me through the glass—there are wires to the window—a person can see out, but not in—men do not wait where he was to get employment—he was not in the place where men stand—they are not allowed to wait in that place—I have been in the employment two years—I never quarrelled with the prisoner—he was about a year in the prosecutor's employment, I believe.
THOMAS CHENEY . I am a constable, employed by Nicholson and Co., to watch their wharf. On the 10th of Dec., about half-past three o'clock in the afternoon, Lock gave me a bag containing 8lbs. of black tea—between six and seven o'clock the same evening, I accompanied him to No. 29, Lower Berners-street, St. George's-in-the-East, and inquired for the prisoner—he was not at home—we waited about for about half-an-hour—I then saw the prisoner coming up to his door—I walked from the end of the street towards him—Lock crossed over to go to him—he saw Lock, and ran away directly—I went into the road to take hold of him—he turned, and ran up a street—I followed, crying, "Stop thief,"and afterwards secured him—he asked what I wanted him for—I told him, for stealing a bag of tea that afternoon from Nicholson's wharf—he made no reply.
Cross-examined. Q. Where was Lock when the man ran away in the evening? A. Within three or four yards of him—I left him standing nearly opposite the prisoner's door—I went to the end of the street—I never had any quarrel with the prisoner—I knew he was employed in the Docks—I have endeavoured to find Nevill—I got into the house where he was one night, but he escaped behind.
MATHIAS VAUZEY . I am warehouseman to Nicholson and Co. On the 10th of Dec., about a quarter before three o'clock in the afternoon, I was on the fourth floor of the prosecutor's warehouse, and saw a bag there containing tea, lying about two yards and a half from the loop-hole—there had been a chest of black tea broken, and the tea that came out was put into the bag—one Nevill was at work near the loop-hole—he has never been seen since—the bag belongs to the prosecutors—the tea had been put into it properly—I have compared it with that in the chest—it is the same, in my judgment.
Cross-examined, Q. Was Nevill in the employment of the prosecutors? A. Yes—he worked on the wharf as a lumper, and occasionally in-doors-he had been in their employment four or five years, backwards and forwards—I saw the bag about a quarter of an hour or twenty minutes before three—it was removed from where I had placed it—I took it up and put it on the chest it belonged to—Nevill was then sweeping the floor—I have endeavoured to find him.
Cross-examined. Q. Are you sure there are three? A. Yes—we are concerned for them—I have brought actions in their names.
GUILTY . Aged 26.— Confined One Year.
412. WILLIAM JONES, alias Taylor , was indicted for feloniously and knowingly uttering, on the 20th of Dec., a forged request for the delivery of 2 shawls, with intent to defraud William Leaf and others; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 26.— Transported for Seven Years.
(The prisoner had been twice convicted before.)
413. CATHERINE DRISCOLL was indicted for stealing, on the 9th of Dec., 3 shirts, value 18d., the goods of John Valentine; also, on the 17th of Dec, 1 shirt, 1s.; and 1 counterpane, 2s. 6d.; the goods of John Valentine; to both which she pleaded
GUILTY . Aged 14.—Recommended to mercy by the Prosecutor.— Judgment Respited.
414. JAMES SMART was indicted for burglariously breaking and entering the dwelling-house, of Thomas Smith, at St. Leonard, Shoreditch, about three in the night of the 15th of Dec, with intent to steal, and stealing therein, 1 blind, value 2s., his goods.
JOSEPH FEARNE (police-constable N 244.) On Friday morning, the 16th of Dec., I was on duty in Critchell-place, East-road, Shoreditch—there is a fence there against Thomas Smith's premises—about a quarter to three o'clock in the morning, as I passed, I heard a scraping within the fence, as if somebody was getting over—I got on the fence—in about five minutes I saw the prisoner and another at Mr. Smith's window, which is about four or five feet from the ground, and then heard something like glass crack—I got assistance, and placed somebody in front of the house—I went to the back, and found the prisoner and the other making their escape from Mr. Smith's yard—there is a shed there—I sprung my rattle, and followed the prisoner—he got over several fences—I secured him, and took him to the station—the other got off—I returned to Mr. Smith's, and found a great piece of glass cut out of the window, enough to poll the catch back, which was done, and the blind forced off with a crow-bar, it was taken out, and put on a little hen-house—it was moved out of the house—I found the blind, the crow-bar, two pieces of candle, and some lucifer-matches were lying near the blind outside—the hand or arm of somebody must have been introduced within the window to unfasten it—the window was pushed up, the blind taken out, and the shutters sprung about three inches—I noticed marks on the blind, which I compared with the crow-bar—it fits them exactly—I found nothing on the prisoner—he gave his name as Smart.
EDWARD NEWTON (police-constable N 260.) I heard the rattle sprung, and went into Smith's yard—the back gate was then open—I found the blind, crow-bar, two pieces of candle, and lucifers on the fowl-house—directly under the window.
THOMAS SMILTH . I am landlord of the King of Prussia, in the parish of St. Leonard, Shoreditch. The back part of my premises are near Critchell-place—my yard is fenced around eight feet high—a person could get over and unfasten the gate—the gate was bolted over-night inside—I had fastened the back parlour-window over night, with a catch—the square of glass was sound, the blinds closed, and the shutters, which are inside, fastened—I saw the window safe about twelve—about three o'clock in the morning I was alarmed when the rattle sprung, and found the parlour window broken, and shoved up—the blind was wrenched off, and laid outside—they could get from the parlour to the bar—I know nothing of the prisoner—I occupy the whole house.
Prisoner's Defence. I met a young man in Old Street-road, who asked where I was going; he took me down Smith's yard; he said he was going to lie down in the skittle-ground; he went away from me; I did not know what he was going to do, nor what he was about; I heard him make a noise, and heard him run; I ran too; he ran with me; he went over the shed; I made my way out; I was led into it by him; I was never in trouble before.
GUILTY . Aged 21.— Transported for Ten Years.
MR. CURWOOD conducted the Prosecution.
Cross-examined by MR. CROUCH. Q. Have you looked at the canvass? A. Yes, and have no doubt of its being Fletcher's property—it is composed of flax.
MR. CURWOOD. Q. Is it made entirely of flax? A. I should say it is partly flax and partly hemp—I do not think there is any cotton in it——it is merely called canvass in the trade, not cotton cloth.
NOT GUILTY .
416. WILLIAM EDWARDS was indicted for stealing, on the 13th of July, 2 paintings and frames, value 10s.; 1 looking-glass and frame, 4s.; 2 sheets, 2s.; 2 blankets, 6s.; 1 bolster, 5s.; 1 set of fire-irons, 3s.; 2 flat-irons, 2s.; 4 locks, 18d.; 1 candlestick, 18d.; and 15lbs. weight of feathers, 1l.; the goods of William Brothwell.
WILLIAM BROTHWELL . I live at No. 15, Old Boswell-court, in the parish of St. Clement Danes. The prisoner came in June, and had a ready-furnished room in my housh—a female lived with him as his wife, and I know nothing to the contrary—on the 3rd of Dec. I went into the room—he was in debt for rent, and I had given him warning—I missed different articles when my wife fetched me up into the room—she was crying to see so many things went gone, and the prisoner gave me seventeen duplicates of my property—he said he had not done it himself, and neither did he advise it or sanction it, but he handed me the duplicates—all the bed-things were gone, they had scarcely anything but a carpet to cover them—he must have missed the articles every hour he was in the room—there were three paintings in gilt frames, a looking-glass, and all the articles mentioned in the indictment—the brass knobs were taken off the drawers, the feathers from the bed, and part of the bed-ticking gone.
Prisoner. The woman I lived with is not my wife; I had no control over her; the room was let to her; she left the duplicates in a drawer, and went away. Witness. He lived there, and paid the rent—he had the duplicates in his hand, and gave them to me; where he got them from I do not know.
EDWIN SMALLBONE . I am in the service of George Smallbone, a pawnbroker, in Fleet-street. I produce two sheets, a blanket, and a counterpane, pawned, in July and August, by a female in the name of Ann Edwards, No. 15, Boswell-court—I have seen the counterparts of the duplicates in the hands of the prosecutor.
HENRY MARTIN FAYERBROTHER . I am in the service of F. and W. Reeve, pawnbrokers, in Gray's-inn-lane. I have a set of fire-irons, a candlestick, two pillows, and a bolster—I have seen some duplicates in the possession of the policeman, which are the counterparts of mine.
Prisoner. Q. Do you know anything of me? A. No; I never saw you, to my recollection.
the lodging—he denied knowing anything about it—he said it was the female he lived with had pledged them.
EDWARD WILLIAM HUMBERSTONE . I am in partnership with Mr. Moore, a pawnbroker in Leather-lane. In August these three paintings and frames were pledged by a female in the name of Mary Ann Edwards, No. 1, Gray's-inn-lane.
WILLIAM BROTHERWELL re-examined. I missed articles corresponding to all these—I cannot swear to them all—I can swear to the paintings positively—there is one bolster supposed to have been made out of the bed—here is one more than belongs to me, and about three-quarters of a yard of ticking out of the bed was gone, which accounts for the extra bolster.
Prisoner. Q. Did not you see the female brought home drunk on the Saturday night previous? A. I was not up; I heard of it.
Prisoner's Defence (written.) The apartment was taken by the woman on the 26th of June; she generally paid the rent; the articles were pawned by her at various times, and then she absconded on the 28th of Nov., leaving the duplicates in the room, and now cohabits with a man named Miles; I could gain no intelligence where she was till the 2nd of Dec., when I saw them together, and endeavoured to give her into custody, but Miles assaulted me, and rescued her; I appeared at Bow-street to give in-formation; the usher of the Court advised me to give the things up to the landlord, which I did next morning, when he gave me into custody; I gave information to the police, who had an interview with Miles; I was remanded three times, to give them an opportunity of taking him; the prosecutor's wife was frequently in the room, and must have missed the things; I never par-took of any of the money, and was not in any way cognisant of the transac-tion; I did not sanction it, and knew nothing of it.
MR. BROTHERWELL re-examined. The woman, I believe, left about a week before the discovery—we did not see her as we daily used to do, but said nothing to the prisoner about her absence, as we heard she had quarrelled, and gone to a friend, but she had left once before—the prisoner came home to his meals—I have seen him come in and out—he never gave me any information till we discovered it—it is impossible he could not have missed the things—there was hardly anything left but a chest of drawers and heavy things—he could not have slept on the bed without missing the feathers.
(The prisoner received a good character.)
GUILTY . Aged 34.—Recommended to mercy by the Prosecutor and Jury.— Confined Three Months.
NOT GUILTY .
ISABELLA THOMPSON . I live with my father, John Thompson, a boot-maker, in Tottenham-court-road. On the afternoon of the 14th of Dec. I was in the shop, and saw the prisoner lurking about for five minutes, then he came back, caught hold of a pair of boots, snatched them down, and ran across the road, up Tavistock-street, and was stopped.
CHARLES AUGUSTUS FROST . I heard the witness call, and saw the prisoner, only one step from the door, with a pair of boots—I saw him stopped, and one boot taken out of his breast—it is here—I know it to be the same.
—a man holding him said he had got away from another man—the prisoner said, "Yes, and you could not have taken me had you been alone"—I took him into custody, and in crossing the street, he said, if I did not mind he would black my shins for me.
GUILTY . Aged 17.— Transported for Seven Years.
GUILTY .*— Confined Six Months.
420. JOHN M'CARTHY was indicted for feloniously assaulting James Hutchings, on the 29th of Dec., and stabbing and wounding him in and upon the left arm, with intent to do him some grievous bodily harm.
JAMES HUTCHINGS . I am barman to John Cook, of the City of London public-house, Berwick-street, St. James. At half-past eight o'clock, on the evening of the 29th of Dec., I saw the prisoner in front of the bar—I knew him before—he called for something to drink—I refused to serve him—master came, and ordered him out of the house, and he began wrangling with a customer in the bar—he was drunk—master went to turn him out—I assisted him the first time—he would not leave without being turned out—he was turned out easy the first time, not roughly—he returned in about ten minutes, and asked for Cook—he said, "I am ready for him"—Cook was in the bar parlour—he came out, and said, "Mind the stones, James," (meaning that the prisoner had something in his hand which he ought not)—the prisoner then threw a large shell at Cook's head—it missed him, and struck a large cask—Cook then went round to turn him out—I jumped over the counter, and put my left arm round his waist, to assist to turn him out—as I was doing so, his wife's sister struck me with her fist under the ear—she was in the bar—as I was turning him out, somebody opened the door, and I got him outside—as I was returning, my arm was bleeding very much, having been stabbed—my coat was off at the time—the prisoner must have wounded me, for nobody else touched me—I have been to a surgeon—my master had turned the prisoner's wife's sister out while I was turning him out—that was after she struck me—there was a knife found on the prisoner at the station.
Cross-examined by MR. CHARNOCK. Q. How long have you known the prisoner? A. Ten months—he is a tailor—I have turned him out several times before, but had no quarrel with him—we never turn people out unless they deserve it; not if they get drunk, except they kick up a row—we. never serve him, whether he is drunk or sober, never since I have been there—he was not very drunk—we had no words at all—he had got a pipe in his mouth the first time he came, not the second, I am quite sure—he went out easily the first time—I had not much trouble to get him out the second time—the woman began boxing my ears, because I was turning him out—she said to master, "Don't touch him, for God's sake; he has got something, he will injure you"—I never mentioned that before—I did not strike myself against any thing when scuffling with him—I was quite sober—I did not fall down, or strike against anything—it was about twenty minutes before nine o'clock—there are not many tailors use the house—they go opposite, to the Black Lion, which has most of the tailors' custom—there is no rivalry between the Black Lion and us—I did not see any knife—there are not some sharp screws in the plate of the door—there is a brass plate, with master's
name, fastened on with screws, which come out at the back, but both doors were open—the screws are secured by a nut—I should say they do not project a quarter of an inch beyond it—I cannot tell whether it is an eighth of an inch—there are four screws, all the same—I cannot say whether I received the blow inside the door or outside—I was in the act of turning him out—he went away for two hours and a quarter before the policeman took him—there were about thirty people inside.
JOHN WAKEHAM EDWARDS . I am a surgeon, at No. 66, Wardour-street. On the evening of the 29th I examined the prosecutor's arm—it was a punctured wound, not to any great extent, in the upper part of the fore arm, about the middle, just to the depth of the integument, extending a little under it, a little below the skin, not touching the muscles—it was not an incised wound, but punctured, such as might be inflicted by the stem of a tobacco pipe—I do not think it such a wound as a knife would make—some little inflammation took place the second day—I dressed it—it is going on very well—I think it will be well in two or three days—it is very little more than skin deep—the end of a screw, in his scraping against the door, might very possiby do it—I am of opinion that it was not inflicted by a sharp cutting instrument, but by a blunt-pointed substance—it is what surgeons understand by being a punctured wound—it had a lacerated, torn appearance—it appeared to have been done with considerable violence—I can hardly say it was a stab—in extent it would have admitted the point of my little finger, and passed under the skin about two inches and a half, but not dividing the skin—I think his running against any pointed iustrument would have produced it—I understand his arm was uncovered—the instrument might be pointed obliquely——the act of pushing might tear it along his arm.
COURT. Q. Do tailors use any instrument calculated to make such a wound? A. I think a bodkin would produce it.
ROBERT CURTIS . I went into the City of London with some friends—the prisoner came in—he was in the house two or three minutes—an altercation took place between him and another man—the landlord said he was going to strike the man, and ordered him out—he refused to go—the landlord went to put him out, and he flew behind the door—the landlord laid hold of him, and in the scuffle pushed his head against the wall, and put him out—about five minutes after he came back again, walked in front of the bar, and called out "Cook," who came out of the parlour, and called out to his customers, "Beware of the knife," or "Beware of stones"—I stepped aside, and he threw a shell at the landlord's head—it passed over his shoulder as he put his head down, and it hit my arm—the landlord went to put him out, his sister-in-law flew in between them, and said, "For God's sake, Mr. Cook, don't go near him, he will do you some injury"—the barman jumped over the bar, and went to put him out—he then came in saying, "Oh, my arm," and his arm was bleeding—the landlord ordered him to go to the doctor's—I did not see what caused the wound.
LOUISA WILLIAMS . I saw the commencement of this—the prisoner came in tipsy, and began sparring to go fighting—Cook told him to go out—he said he should not go—Cook came round the bar to put him out—they scuffled, and he was put out—he came back in about five minutes quite cool and collected—when he got in front of the bar, he called out, "Cook"—Cook came out, and called, "Mind the stone, mind the knives"—the prisoner then threw something like a shell—Cook came round to put him out—the sister-in-law came, and said, "Mind, he will do you some mischief "—the prosecutor pushed the landlord on one side to put him out, and when he came back,
he had a wound in his arm—I did not see how it was done—I saw something in his hand like the handle of something, but cannot tell what it was.
Cross-examined. Q. What kind of shells were they? A. A sort of ornament.
GUILTY of an Assault only. — Confined Fourteen Days.
OLD COURT.—Wednesday, January 4th, 1843.
RICHARD JAMES . I am a baker, and live at Hackney. The prisoner was my journeyman since June last—it was his duty to take out bread, and receive money for it, which he should enter in this book, and pay over to me every night—on the 12th of Dec., according to my books, Ann Cox was in my debt 2s. 6d.—the prisoner never paid that at any time, nor has be ever entered any of it in the book—on the 15th Dec. Mrs. Morris was in my debt—the prisoner did not pay me any sum from her, nor enter it in the book.
Prisoner. There is not a figure in the book of my writing—I wrote it is pencil, and he marked it over with ink. Witness. Here is "Cox, four and a half quarterns," plain enough, but no money against it—that is his writing, and that I marked over in ink—I asked him next day, and the day after, if Cox had paid, and he said no—here is Morris's name, but no money against it.
GUILTY .— Confined Six Months.
SOPHIA VEGERS . I am the wife of John Vegers, and live at Kensington. The prisoner has lodged at our house—I take in things to wash—I lost three handkerchiefs—the one now produced is one of them—I can swear to it by the pattern, having had it to wash three years, and it has the gentleman's name on it—on the 15th of August they were all right, and I lost them that week.
Cross-examined by MR. HUGHES. Q. How long had the prisoner lodged in your house? A. Four months and a fortnight—I washed clothes for him—he had one very old pocket handkerchief, quite a rag, no more—I never gave him other people's clothes to wear—he deposited five sovereigns with me when he came to lodge with me—I never lent him a handkerchief—my husband knew the prisoner—he worked in the garden of Mr. Whitehouse, a solicitor, when the prisoner lived with him—I always considered him very honest.
WILLIAM BAIGLEY BRASTED . I am servant to Mr. Bentham, a pawnbroker, in High Holborn. This handkerchief was pledged at our shop, on the 16th of August, in the name of James Phillips, by a person to whom I gave the duplicate produced.
Cross-examined. Q. Do you recollect the person who pawned it? A. No.
GUILTY . Aged 29.— Confined Three Months.
Before Mr. Justice Wightman.
423. ANN ALLWAY was indicted for feloniously setting fire to a certain dwelling-house, of Elizabeth Cooper, on the 3rd of Dec., at St. Leonard, Shoreditch, the said Elizabeth Cooper and others being therein.—2nd COUNT, not alleging it to be the dwelling-house of Elizabeth Cooper.—3rd COUNT, stating her intent to be to injure the said E. Cooper.
ELIZABETH COOPER . I am a widow, and live at No. 104, Britannia-street, City-road, in the parish of St. Leonard, Shoreditch—I rent the whole house at 15s. a week—William Goodruff is the landlord—the prisoner and her husband occupied one room at the top of the house, which is the second-floor—William Holmes occupied the first-floor—I have a room, called a store-room, on the same floor as the prisoner's room, where I kept all my boxes and things, all that I was possessed of, except my shop goods—I had all my linen and wearing apparel put into four boxes, all of which were locked, and the room was also locked—I went to that room the last time the second day that the prisoner entered the house—I then got a bedstead and bed out for her—that was, as near as I can tell, eight weeks before the fire happened—at that time all my things were safe—there were three band-boxes in the room—I looked into one in particular, and there was my straw bonnet, and best shawl, and silk handkerchief, and two or three more things—I cannot say exactly whether the prisoner was in the room at that time—when I delivered the bedstead to her I was called down stairs, and did not go up again—I left her and an old man there, and in half-an-hour or twenty minutes she brought the key of the room down to me, and said she had locked it all safe—the old man's name is George—he lodges in a house I have in the same court—on Saturday morning the 3rd of Dec., Mrs. Holmes came down stairs near upon nine o'clock, just as I had got up, and said, "Mrs. Cooper, the house is on fire"—slept in the parlour, on the ground-floor, and Mrs. Holmes lodges in the first-floor—I immediately went up stairs—there was nobody there but Holmes and me that I know of—I said to Mr. Holmes, "Where is it?"—he said, "Here it is on the landing"—there was no flame, but the landing, close to the prisoner's room, was all smouldering, and my store-room-door was burnt a little—we found rags all burnt out like tinder lying along the landing—I found nobody up there but Mr. Holmes—we threw water over the tinder, and put it out—I thought it was all safe—I went into the prisoner's room, and looked about, but saw no fire there—she was not in her room, nor was anybody there—her door was on the latch—I went down stairs immediately, and in about two or three minutes Mrs. Holmes came down again, and gave another alarm of fire—I went up stairs directly, and found Mr. Holmes up there again—I pulled out my key, and put it into my door, but could not unlock it—Holmes tried, he could not unlock it, and burst it open—I could not see any thing for smoke, it was so violent, but I threw the window up, and felt my way round the room, and at last saw a very small glimmering light, not larger than a halfpenny candle—I went, and caught hold of it, and found it was a bonnet-box—I ran into the prisoner's room, and put it in the fire-place—a great quantity of people came up stairs—I went into the room
again, went to open a box, and found all my boxes broken open, and my husband's box empty—I had seen it three months before with three coats, five waistcoats, two pairs of breeches, and other things in it—every thing was taken out of the boxes that was worth 6d.—the bonnet, shawl, and silk handkerchief were gone from the band-box, and the band-box removed into another place in the room—I found my late husband's hat-box, which had been set on fire, was on a chair in the room, but it was not alight—I found two bits of candle in the box, and a great deal of tallow round the crown of his hat, and the oil-skin burnt to a cinder—there had been no candle or tallow in it when I had seen it last—there was a bit of an apron, which belongs to the prisoner, in the room, within half a yard of where the fire was—this is it—I have seen her wear it—she had it on about a week before—she was apprehended six or seven hours after the fire, she was brought home to my door by a mob of people a little after four o'clock in the afternoon—I have seen her wear the apron more than once or twice—this cloak was in a white deal box in my room—I missed it at the time of the fire—when I saw it last it was in the white deal box, locked up, and I had the keys in my pocket—this is my husband's great-coat—I had seen that in the box not above three months before the fire—I am sure it is his, and these breeches I know to be his—they were in his box with the coats and waistcoats—it was an elm box—here is another coat which I know to be his, and which I saw about three months before in a box in the room—I have not recovered a twentieth part of my things—I never went to the store-room from the time of giving out the bedstead to the prisoner, till the fire—I kept the key of the room all the time—I had not seen the prisoner for a day or two before the fire.
WILLIAM HOLMES . I lodge in Mrs. Cooper's house—I came there three or four days before the prisoner, and lived there at the time of the fire. On the 3rd of Dec., about nine o'clock in the morning, I smelt a smell of fire, as I thought, in my own room on the first floor—I went to the bottom of the prisoner's stairs, and called out to her, but received no answer—I went up the top of the stairs, and found a cloud of smoke on the landing—I found the prisoner's door shut, but not locked—I opened it, and her room was full of smoke—I made the best of my way to her window, opened it, and when the smoke dispersed a little I looked round the room—I saw no fire there—I came towards the landing, and discovered the rags burning on the landing—there was no appearance of blaze, but it was red with fire—there was water on the landing, and I put them out—Mrs. Cooper came up—I went down to my own room, and in a few minutes I smelt it again as strong as ever—I went up, and found it was very warm, but saw no fire—I discovered smoke coming from the store-room—I sent my wife down to Mrs. Cooper, who came up again—she tried the store-room door with the key, and I tried it—we could not open it—I immediately broke it open—I found it in a dreadful state with smoke, you could not see your hand before you—Mrs. Cooper made her way to the window, opened it, and found fire in a box—I did not see the fire my-self—she called out, "Here is the fire," and brought out the box—I could see the marks of fire in the band-box—when she brought the box out of the room, she threw the contents into the prisoner's fire-place, and it ignited immediately—I did not see it in the band-box—I saw no appearance of fire in the store-room myself—I saw the boxes were all broken open in the room—I had not seen the prisoner for a day or two before, but I heard somebody in her room that morning between seven and eight o'clock.
JEMIMA HOLMES . I am the wife of last witness. I was in the house at the time of the alarm of fire—I called Mrs. Cooper—when the store-room was broken open I stood outside—I did not see the box found which was burning—I have frequently seen the prisoner wear this apron—I had seen
her last on the Thursday morning standing talking to Mrs. Cooper—the fire was on Saturday.
ELIZABETH ROADNIGHT . I work occasionally for Mrs. Cooper, and was at work for her on Friday, the 2nd of Dec. I was there between one and two o'clock, sweeping the passage at the bottom of the house, and saw the prisoner go out with a lap full of things before her in her apron—I could not see what they were—I knew her before by sight—I went in and told Mrs. Cooper, and she told me to mind my own business.
ARCHIBALD GILLIES . I am a policeman. On Saturday morning, the 3rd of Dec., about half-past nine o'clock, I went to the house in consequence of the alarm—I went up to the store-room, and found it full of smoke, you could hardly see anybody—I saw a quantity of burnt rags lying about on the floor, and a box with a hat in it partly burnt, and a candle—the door was burnt at the bottom inside—I looked at the floor, and on the landing outside the door, a little of it was burnt, and some lucifer matches scattered about on the landing—the hat-box itself was partly burnt—this is the box with the hat and burnt rags in it—it is in the same state now—I went in search of the prisoner.
GEORGE ANSON . I am shopman to Thomas Smith, a pawnbroker, in Pit-field-street, Old-street. I took this cloak in pledge of the prisoner on the 3rd of Nov. in the name of Ann Allway—I am quite sure of her—this coat was pawned by her for 2s. on the 1st of Dec, and these breeches on the 1st of Dec. for 18d. in the name of Ann Bailey—I have another coat pawned on the 2nd of December in the name of Ann Bailey, which I did not take in.
HARRIET LAZENBURY . I am the wife of Robert Lazenbury, a porter, and live in Shelton-court, Bedfordbury. The prisoner called on me on the 3rd of Dec., about eleven o'clock in the morning—I had never seen her before—I was out at work—my girl fetched me home and I found the prisoner in my room with my children—she told me that she had been out all night, and when she came home at seven o'clock in the morning her place was on fire, and burnt down—I said, "Dear me, was it all burnt down?"—she said, "No, only the upper part," she said she had not a thing but what she had got on, and what to do she did not know, she had a great mind to throw herself into the water, or do something to cause her to be transported—I said, "You must not do that, never mind, misfortunes will happen"—her brother and sister came in, and they went away together—she told the sister the same as she told me—she had come to my house to see her brother, who lodged in the two-pair back, but he was out at the time she got there.
JOHN NEWELL . I am a policeman. In consequence of information I went on Saturday, the 3rd of Dec., to Britannia-street, City-road, about four o'clock in the afternoon, and saw the prisoner among a crowd of persons—Mrs. Cooper was there, and while she was making her way towards to prisoner to give her in charge, I said, "What is the matter?"—the prisoner said, "Why they say the house is on fire, and they say I done it," and She seemed quite surprised at the charge—Mrs. Cooper gave her in charge—I took her to the station—I requested her to take her pocket off, and in it I found two keys and six duplicates—I tried one of the keys with the store-room door—it fits the lock, but it will not turn the bolt all the way, in consequence of its having been shot in the lock—on Monday I inspected the premises, and found the hat-box produced and this apron among a pile of burnt rags in the store-room—that was on the 5th of Dec.—I saw the flooring on the landing burnt, and have since ascertained it was burnt half an inch down—
the floor inside the store-room was scorched and slightly burnt—perhaps the hollow would hold half a cup of water.
Prisoner. It was the key of my own room and the street door.
MRS. COOPER re-examined. It was on the Monday I found the apron, I believe—I did not see it till the policeman found it.
Prisoner. Q. Were there any rags of your own in the room? A. Not any kind of rags, nor was there any rags to be seen in your room.
COURT. Q. Had she a key of her own room? A. Yes—this is the key of her own room.
Prisoner's Defence. I know there were rags in her room, for when I went to take down the bedstead I stepped on some things, and said, "I shaill hurt these things;" she said, "You will not hurt them; there is nothing but old rags there;" she had two men lodgers, and another lodger she thought was not an honest man; she had a fine rabbit, and wanted to have it kept on the landing in my place, because she thought the man would take it out, but my husband objected.
NOT GUILTY .
ELIZABETH COOPER . I am a widow, and live in Britannia-street, City road. I had a great deal of wearing apparel in a room at the top of the house—the coat and breeches produced were in my husband's box in that room—I had seen them about three months before—this coat was in a deal box in the room close to the door—I lost my best shawl, and bonnet, and handkerchief from another box—the prisoner and her husband came to lodge with me on the 12th of Oct.—I unlocked the door of the room a few days after she came, and went into the room with her—I was obliged to go down, and she afterwards brought the key down to me—I did not go into the room afterwards, till the fire—I never tried the door to ascertain whether she had locked it—I had the key in my pocket ever since—on the 3rd of Dec., there was an alarm of fire—I went to the room door, put the key into the lock, but could not unlock it—it was forced open by Holmes—I groped to the window, and as soon as the smoke cleared away, I opened my husband's box, which was broken open—every box was broken open—I missed five coats, one shooting-jacket, two pairs of breeches, six silk handkerchiefs, six aprons not made up, one pair of sheets, five pillow-cases, five piliows, a bolster, a prayer-book, and Bible—I cannot tell the value of them—my shawl cost me 25s.
ARCHIBALD GILLIES . I am shopman to Mr. Smith, a pawnbroker. I have a cloak pawned on the 3rd of Nov., for 2s., and a pair of breeches for 18d., and a coat for 2s., on the 1st of Dec, all by the prisoner—on the 2nd of Dec. another coat was pawned, which I did not take in.
ELIZABETH COOPER re-examined. These are part of the things which were in my boxes, and what I lost—I saw them safe last about three months ago, about three weeks before she came to the house, when the other people went away—the old man did not go into the room after the prisoner was there—this key of the prisoner's room unlocks my store-room door—I have unlocked the door with it when I have not had the proper key with me—it unlocks it as easy as the right one does, though they are not quite alike—none of the other lodgers had a key that would unlock the door.
Prisoner. I must leave it to the mercy of your Lordship and the gentlemen.
GUILTY . Aged 52.— Transported for Seven Years
(There was another indictment against the prisoner.)
Before Mr. Justice Erskine.
425. WILLIAM BEADLE was indicted for feloniously breaking and entering the dwelling-house of Charles Thomas Cameron, on the 12th of Dec., at St. Leonard, Shoreditch, and stealing therein, 1 apron, value 6d., the goods of Michael Francis Warwick; and that he had been before convicted of felony.
MARTHA CAMERON . I live at No. 42, Plummer-street, in the house of my brother, Charles Thomas Cameron, in the parish of St Leonard, Shoreditch. On Monday evening, the 12th of Dec., about half-past five o'clock or a quarter to six, I was in the kitchen with my sister Eliza, and there was a little hoy six years old also in the house—the kitchen-door was open—I heard a noise in the passage, took a candle, and went and found the prisoner in the passage, just by the side of the stairs which lead up stairs—I asked what he wanted—he appeared very much confused, and asked for a man named Davis—he said two men had come in, and he had come in after them—he did not say how they had come in—Mr. Morley, the witness, called from the parlour window that I was to keep him—he called out loud enough for the prisoner to hear—he said, "Keep the door shut, there is a thief in the house "—I do not know whether the prisoner opened the door, or whether I did, but he got out into the street—Mr. Morley caught him, and tustled with him some time, but he got away from him, and ran up Plummer-street, into the City-road—no one hallooed after him—I returned to the house, and shut the door—Morley did not go in with me at that time—I went up the stairs And saw the apron on the stairs—I went quite up the stairs, but the apron was about seven or eight stairs up—it was a woman's apron, belonging to Mrs. Warwick—I have often seen her wear it, but I cannot say when—I had been up the stairs about ten minutes before, and it was not on the stairs then—I took it up, and took it into Mrs. Warwick's room—she lodges in the house, but was out at the time—I saw her about an hour after, when she came home, and showed it to her—I went into her room with her—she lodges in the parlour, from the window of which Mr. Morley called to me—I found the apron where I had put it in her room—when I put the apron into her room the window was wide open—I had pot been into the parlour all that day before—Mrs. Warwick went out about three o'clock in the afternoon—I did not see the prisoner again for a week and three days, when he was at the station in custody—I had never seen him before he was in the house to my knowledge—I am quite positive he ki the man I saw in the passage—no person named Davis lived in the house—I know no such person—I had not seen anybody in the house but the prisoner.
GEORGE MORLEY . I live at No. 4, Plummer-street, City-road. On the evening of the 12th of Dec. a person gave me information, and I went to Cameron's house, and called in at the window—I asked who was there—I saw a man in the front parlour—he made me no answer the first time—the window was open—I had not seen anybody get in at the window, but on looking in I saw the man who I spoke to—he at last asked me for a person named Davis—I told him no such person lived in the house—about that time the parlour door, leading out of the parlour into the passage, was opened—he opened it himself, and went into the passage—Mr. Cameron's sister came with a light while he stood in the passage—they had some conversation in the passage
a few minutes, the front door then opened, and he rushed out—(before that I had called out, "Do not open the door, for I believe there is a thief in the house"—that was when he opened the parlour door)—I caught him coming out, and held him a few minutes—at last he broke from me, and left his neck handkerchief in my hand—it slipped off his neck as I had hold of it—he went towards the City-road—I did not see him again till he was at Worship-street—I had never seen him before—I saw him when he was in the passage, as they had a light there, and also when I had hold of him, so as to know him again—I was standing at the front door when he was in the passage, and Mr. Cameron held the light close to his face—I am sure it was the prisoner—it was a person who lodges in the same house as me that induced me to go to Cameron's—I forget his name—he had not been living there above a week—he is not here—he lodges in the house still—I had not been at the window before that.
Prisoner. He does not say whether he tried the door to see if it was open. Witness. I had not tried it.
SARAH ANN WARWICK . I am the wife of Michael Francis Warwick—I lodge in Mr. Cameron's house, and occuppy the front and back parlours. On the 12th of Dec. I went out, about three o'clock in the afternoon—when I went out the front parlour window was shut down close, but not fastened—it is a very low window, and has no area—anybody could lift it up from the street—I returned about half-past six—an apron was then shown to me by Martha Cameron—she was in the passage when she showed it me—I say her in the parlour after I came home, but not before she showed me the apron—it was my apron, which I had left on the table in the front parlour when I went out—I missed nothing more from the parlour—I do not know the prisoner I never saw him till he was at Worship-street—I do not know anybody named Davis—this is my apron—I know it by a mark on it.
GEORGE HORNER . I am a policeman. I have produced the apron, which I got from Martha Cameron—I apprehended the prisoner at No. 5, Sarah's buildings, in the Vinegar-ground, City-road—I told him I was going to take him on suspicion of being the party who entered a house in Plummer-street, City-road—he said he did not know where Plummer-street was.
MARTHA CAMERON re-examined. At the time Mrs. Warwick left the house. I and my sister were in the kitchen—about ten mines before I heard the noise in the passage, I went up stairs, and I remained up a very few minutes—my sister went up with me, and we came down together—neither of us went into the parlour after Mrs. Warwick left it, till I went to put the apron there—there was no other person in the house except ourselves, until I found the prisoner there—I thought it was in the parlour I showed her the apron.
The witness cannot say I got in at the window; I was going for a man to give me employment; I was told if I went down to that number, and inquired for Mr. Davis, a cabinet-maker, the same as myself, I could get employ there; I went in about an hour and a half, and saw some men get into the place, and the street door open; I instantly went in at the street door, but did not see the men; the woman asked what I wanted there; I said, "Mr. Davis;" she said, "How came you in here?" I said, "I saw the street door open, two young men got into the place, and I came in after them;" when I said I did not know Plummer-street, I meant that I did not know the name of the street.
MARTHA CAMERON re-examined. When I found the prisoner in the passsage I am quite positive the street door was shut—if anybody had come in at the street door I should have heard them, as the kitchen is on a level with
the parlour—I did not hear the street door open, nor anybody come in—the kitchen door leading to the passage was open.
DANIEL PAMPLETT . I am a policeman. I produce a certificate of the prisoner's former conviction—(read)—I was present at his trial—he is the person—he ill-used me when I apprehended him on that occasion.
GUILTY .— Transported for Fourteen Years.
Before Mr. Justice Wightman.
426. JOHN FREDERICK FULFORD was indicted for breaking and entering the dwelling-house of Robert Norrish, on the 4th of Dec., at St. George-in-the-East, and stealing therein, 14 sovereigns, 4 half-sovereigns, 12 shillings, 4 sixpences; and 1 10l. Bank-note; his property.—2nd COUNT, stating Rosetta Kershaw to be in the same dwelling-house, and that he, by menaces and threats, put her in bodily fear.
MR. E. PLATT conducted the Prosecution.
ROBERT NORRISH . I am a baker, and live in Ratcliffe-highway, in the parish of St. George-in-the-East. The prisoner was in my service at the latter part of August as foreman, and remained up to the 4th of Dec.—about a quarter before four o'clock that afternoon I and my wife went out and left the servant Rosetta Kershaw at home with our little boy—the prisoner was not in my service then—I returned home at half-past eleven at night, and found some policemen there—I went up stairs to the front room first floor, which is my bed-room, and saw the drawers removed from their place—one was moved into the middle of the room, and the back of the chest of drawers was broken out, three bottom drawers were unlocked, but the back of them was not disturbed—my wife's wearing apparel was taken out of them and strewed about the floor—those drawers, I believe, had not been locked—I missed out of a small drawer at the top, which bad been locked, two 10l. notes, fourteen sovereigns, and four half-sovereigns, in a purse in a sample bag—those were all in that drawer—one note was a Bank of England—the other was a London and Westminster Joint Stock Bank note—I am sure they were there when I went out, as before I went out I went to the drawer—the money was in a purse in front of the drawer then, and I moved it to the back part of the drawer when I took a cravat out—I felt the money in the purse—when I missed the money I found the back part of the drawer torn to pieces—I came down stairs, went into the parlour, and found the door of a folding cupboard wrenched open, and a till which had been in it was on the table—I missed from 10s. to 20s. in silver from it—that was safe when 1 went out—I had locked it just before I went out—I have seen a chisel and chopper and knife since in the hands of a policeman—the chisel and chopper are mine.
Cross-examined by MR. BALLANTINE. Q. Does any body but yourself live in the house? A. No—the prisoner was in my employ up to about half-past past one o'clock that day—it was Sunday—he was my foreman—I work at baking on Sunday.
ROSETTA KERSHAW . I am in the prosecutor's service. On Sunday, the 4th of Dec., I was left in the house with the child, master and mistress being out—I was in the kitchen between three and four o'clock in the afternoon, and about five minutes after six I let the prisoner in—he came to stir the sponge—he was alone—I asked if he wanted a light—he said, "Yes"—I gave him one in the bakehouse—while I was putting the light there the prisoner was pulling out a rope from under the trough—I went up stairs to the kitchen—I went into the parlour to get some tea, when I got the tea I shut the parlour door, and left it on the latch—there are two doors to the parlour, one leading from the shop, and the other to the passage—they were both shut
when I got the tea, but not locked—they were latched—just before I sat down to tea the prisoner came to me, and asked me to lend him a knife—I gave him one—he had a rope and the chopper in his hand—he went up stairs and called me, "Lucy, I want you"—I said, "What do you want John?"—he said, "Step up stairs"—I went up to the top of the stairs, and asked what he wanted—he said, "Come in here"—he was in the back attic, standing with his back against the door—I went in, and said, "What do you want?"—he said, "No matter"—he came out of the room, and pulled the door after him, shutting me in—I tried to pull the door from him, and opened it some space—he told me if I made a noise he would soon be my butcher, he would soon despatch me—I called him a cruel young man, and told him he was going to take an ill advantage after master and mistress were out—he said that was what he wanted—I begged him to let me have the child with me—he said he would bring the child up—he did bring it up, opened the door a short space, shoved the child in, and fastened it again—I had tried to get out while he was down stairs, but could not—he went down stairs, and I heard a chopping, and after the chopping I heard the sound of gold jink—the door was fastened on me with a rope tied to the banisters and run through the key-hole—there is no lock to the door—I called out to him, and begged him to let me out—he said he would let me out in a few minutes, but if I did not keep quiet he would do for me—I heard, after that, one single sound of silver jinking—I endeavoured to get the door open, and did get it open eight or ten inches, sufficient to push the child out—I got out myself at last on my knees—I pulled the door open sufficient to force myself through, and rushed into my own room—I pulled the bedstead against the door, went to the window, and called for assistance—somebody answered me from the street—a policeman afterwards came, and I went into master's bed-room with the policeman—I found the back of the drawers chopped off—the three lower large drawers were open, and mistress's wearing apparel was strewed about the room—the two top drawers were broken open, they having been locked—I had been in the bed-room about half-an-hour before I let the prisoner in, and the things were in their proper order then—I went down with the policeman to the parlour-door leading to the passage—it was open then—I saw a candlestick which I had been using, on the corner of the parlour-table, and the knife I had lent the prisoner—the chopper was on the side-board in the parlour—I saw a till on the table with some copper in it, but no other money—there was 6d. on the table, near the till, which I put into the till after the policeman came into the room—the cupboard doors were broken open—I had dusted down the table half-an-hour before, and there was no 6d. on it then.
Cross-examined. Q. You were rather afraid of his taking liberties with you, were you not? A. No, I had no thought of any thing of the kind—I said, "You are going to take an ill advantage while master and mistress are out"—that did not refer to myself—he did not offer any violence to me, only showed me the knife.
Q. You were not really apprehensive of his using violence to you? A. No, only he said if I did not be quiet he would be my butcher, and showed me the knife, when he had fastened me in, and I spoke to him through the door—it was then he used the expression—I knew he was going to do no good—I was not afraid he was going to do any hurt to my person—only he threatened to do for me.
MR. E. PLATT. Q. When he said he would be your butcher, did he show you the knife? A. Yes.
about seven o'clock, I was in Ratcliffe-highway, at the corner of St. John's-hill—I heard something was the matter, and went down towards Mr. Norrish's house, when I got there about 100 people were assembled—I asked what was the matter—Kershaw called out from the two-pair of stairs window that the journeyman was in the house robbing it—I told her to come down and let me in—she said she was afraid, for he had threatened to murder her—I went round to Prince's-street to the Swedish Black public-house—I got into Mr. Norrish's premises through that house, into the bakehouse, with Cox, an-other policeman—we got inside the house from the bakehouse, as the door from the bakehouse was open—I went up stairs, and after I came down I found the parlour-door open—I found Kershaw in the two-pair front room with the door shut—the back room-door had a piece of rope run through the key-hole where the lock had been, and tied to the banisters—the door was open about eight or ten inches, but I could push it further open—I found Kershaw in the front room on the same floor—we went down stairs together into the front room, I found the chest of drawers turned out from the wall, the lower drawers open, and the two top drawers locked, but the back of the chest was knocked out and separated entirely from the drawers—the lower drawers were partially out, and several things lying about the floor—I found a chisel which I produce on the floor—we came down into the parlour, and the till was on the table, with coppers in it—I saw nothing else near it—the parlour door was open—this chopper was on the sideboard—the cupboard-doors were broken open.
CORNELIUS FOAY (police-constable H 98.) On the 4th of Dec., about seven o'clock in the evening, I went to the prosecutor's house, and saw Kershaw—I heard her give an account of this—I staid there till Mr. Norrish came home, and from a description given me of the prisoner, I looked after him—on Saturday night, the 24th of Dec., about eleven o'clock, he passed me in Beech-street, Barbican—Mr. Norrish said he was the man, and I took him—I asked if his name was Shepherd—he said no—I asked if it was Ful-ford—he said, "That is my name"—I told him the charge—he said Mr. Norrish never had so much money in his house, and as to the servant he knew nothing about her—I said he must go with me to the station—as we went along he said, "You might as well have let me spent my Christmas out; if you had not got me to-night, you would not have got me to-morrow night, for I should have been far enough away"—when we got to the station, Mr. Norrish, in making the charge against him, mentioned about the notes, and the prisoner said, "You have no occasion to make it worse than it is, you know there was only one note"—I searched him, and found 13d., six door-keys, and a knife—as I took him from the station to the Police-court, a man, apparently a baker, stopped him and said, "Jack, how are you?"—he said, "I am well enough; they will only give me a lifer"—he told the man he hoped every man would serve the b----out as he had.
Cross-examined. Q. You recollect those words accurately? A. Yes—I have no doubt about their being the very words he used—there were several persons following him—Mr. Norrish was not present.
MR. E. PLATT. Q. Were you present when the prisoner was examined before the Magistrate? A. I was—his examination was read over to him, and he put his mark to it—this is Mr. Henry's, the Magistrate's, handwriting—I saw the prisoner and Mr. Henry sign it—(read)—"The prisoner, being asked if he wished to say anything, says, 'A week previous to the robbery, Mr. Norrish accused me of robbing him of a halfpenny out of half a bushel of flour; we had a few words; he gave me notice to leave on the Saturday; I said, "Very well, if I leave on Saturday I shall claim a
week's wages;" he told me a few days afterwards that I might leave on Saturday or Saturday week; I said I would leave on Saturday, if agreeable to him; he said he thought I had better stay till Saturday week; I returned to my work on Sunday; the money that I took was a 10l. note, sixteen sovereigns, four half-sovereigns, and 12s. 6d. in silver—I never took out any knife to threaten anybody's life; the knife the servant says I took out was left in the bakehouse; I fastened the girl in the room, and gave her the child; I told her I would let her out in five minutes; that is all I have to say; I solemnly declare I never threatened the life of anybody.' "
(James Taunton, a baker; James Castles, a baker; and Jane Hughes, the wife of a soot-dealer; gave the prisoner a good character.)
GUILTY of Stealing in the dwelling-house above the value of 5l. Aged 21.
Transported for Ten Years.
Before Mr. Justice Wightman.
427. JAMES BOYLETT was indicted for breaking and entering the dwelling-house of Peter Devey, on the 31st of Dec., at St. Dunstan, Stebonheath, alias Stepney , and stealing therein, 1 hat, value 2s. 6d. 2 bonnets, 4s.; and 1 shawl, 1s.; his property.
PETER DEVEY . I live in Great Tower-street; I have also a small house and garden in Church-passage, Stepney; it has four rooms in it; my sitting-room is on the ground-floor, and there is a small bed-room over it. On the 30th of December I slept there—my wife and one of my children were with me—we were the only persons in the house that night—the house was fastened up when I went to bed between twelve and one o'clock—I was disturbed by a noise, just before nine in the morning, underneath where I slept, at a door which opens into the lower room from the garden—thinking it was my daughter who slept at Tower-street, coming to get breakfast for me, I looked out of window to call to her to wait till I came down, and saw the figure of a lad—I could not see the whole of his person—I came down stairs, and came in at the other door on the opposite side to where he was breaking in, thinking I should get down before he broke in; but when I got in I found that, while I had been coming down, he had opened the door and got in—my opening the other door caused him to run away—I looked out, and saw him running along the garden, and out of there into a passage, and then into Church-passage—that door had been fastened with a padlock on the outside—there are two doors, a front and a back—the entrance was made at what we call the front door—the padlock was wrenched off—when I saw him I shouted out, "I know you, my lad, I shall know you again," and called, "Stop thief" two or three times—I lost sight of him by his turning into Church-passage—I examined, and missed a hat, my wife's bonnet, my child's bonnet, and a small shawl from the lower room.
WILLIAM TUNBRIDGE . I am a twopenny postman. My delivery is at Shadwell—I was returning from Shadwell, and heard Mr. Devey call, "Stop thief"—I looked behind in a direction from whence the cry came, and saw the prisoner running through Church-passage with two bonnets and ft hat in his arms—I stopped him, and asked where he was going—he said, "Pray don't stop me, I am going on an errand for my mother?"—I said, "It appears to me you have stolen this property"—I returned towards Devey's house, met a policeman, and gave him to the policeman with the things.
JAMES WITTLETON . I am a policeman. I was on duty in the neighbourhood—I saw Tunbridge about nine o'clock on the morning of the 31st of Dec., bringing the prisoner along, with two bonnets and a hat—he
gave him into my custody on suspicion of stealing them—I took him to the station, and Mr. Devey afterwards came aud identified the property.
FRANCES DEVEY . I am the prosecutor's daughter. I did not sleep in the house that night—a sister, six years old, did—I know these two bonnets—one is my sister's, and the other my mother's—I have frequently seen them before—I have a piece of ribbon which matches my mother's bonnet-ribbon—I have often seen her wear it.
Prisoner's Defence. I was going to work, I saw these things lying in the road, and picked them up.
GUILTY . Aged 17.—Recommended to mercy.— Confined Nine Months.
Second Jury, before Mr. Recorder.
JAMES BALCOMBE . I keep a beer-shop in Blenheim-street, St. James's. On the evening of the 14th of Dec., a man named Holding came to my shop and presented this paper marked A—he said he came from Isaac Fielder, No. 40, Berwick-street, and wanted one gallon of the best ale—Isaac Fielder is a customer of mine—he said he wanted four screws of tobacco, but Fielder had forgot to put it on the paper—I gave him the ale and tobacco, and six pipes—the prisoner is not the man.
JOHN DAVIS . I am servant to Mr. Smith at the Coach and Horses, Great Marlborough-street. On the 14th of Dec. I saw the prisoner in my master's room with another man—Holding produced a piece of paper from a pocket-book—I know nothing of this paper marked A.
ISACC FIELDER . I am in the employ of Mr. Cafe, auctioneer, in Great Marlborough-street. This paper marked A, purports to be signed by me, but it is not my signature, or my writing—I never authorised anybody to write it.
WILLIAM GLASS . I am a policeman. I apprehended the prisoner—I found on him a screw of tobacco, and another he took out of his pocket—I also found on him an order, partly begun in pencil, with "Please to let the bearer" on it.
NOT GUILTY .
This request merely stated, "Please let the bearer have the same as before."
NOT GUILTY .
430. JAMES MILLER was again indicted for feloniously forging and uttering, on the 13th of Dec., a request for the delivery of two gallons of ale, and some tobacco, with intent to defraud James Balcombe.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
JOHN CROUCH . I am a grocer and oilman, and live in James-street, Buckingham-gate. On the 10th of Sept. I received goods from Mr. Little, amounting to 10s. 6d., and on the 17th of Aug. I received some more goods—the two parcels together amounted to 20s. 6d.—on the 7th of Nov. the prisoner called on me, and I paid him 19s., deducting 1s. discount, and 6d. over-charge—I paid it on account of Mr. Little.
Cross-examined by MR. PAYNE. Q. Are you quite sure you paid it to the prisoner himself? A. Quite—I took a receipt on the invoice—I bought patent starch supposed to be made of Indian corn.
WILLIAM BRADFIELD . I am a grocer at Croydon. I received goods from Mr. Little, amounting to 1l. 7s. 4d.—on the 1st of Nov. I paid the prisoner for them 1l. 6s., deducting discount and package—this is the receipt he wrote.
Cross-examined. Q. Are you sure you paid the prisoner? A. Quite—it was for patent starch.
JAMES WORTHING LITTLE . The prisoner was a servant in my employment, and was so on the 1st and 7th of Nov.—it was his duty to collect whatever sums were due on the sale of goods, and to pay it over to me the same evening or the following day, not later—no permission was ever given him to retain any sums of money—I paid him by a commission—I had advanced him money on account, from 20s. to 30s. a week, and often more—if he received from Mr. Bradfield 26s. on the 1st of Nov., he did not account to me for it, nor for 19s. received from Mr. Crouch—on the 8th of Nov. he paid me 10s., and 6d., discount, making 10s. 6d. as received the day before from Mr. Crouch—he did not tell me he had received 19s. 6d. instead of 10s. 6d.—I have never received the remaining 9s.—he has never disclosed to me the fact of his receiving more than the 10s. 6d.—I afterwards discovered some deficiency in my accounts, and spoke to the prisoner about it—he mentioned the name of another person who had been connected with him, and I had that other person taken into custody—after that person was taken, I made inquiry as to who bad received these particular sums of money, and I then, for the first time, ascertained that the prisoner had received them himself.
Cross-examined. Q. Had he any money allowed him for expenses, or was he to pay his own expenses? A. He was allowed money for expenses, travelling money—he was tried on the 13th of Dec., twice for embezzlement, and acquitted, and then for a misdemeanor, and acquitted on that—I had another man tried, and the prisoner was examined as a witness for him—I did not call him for me—he was in my employ since May—I had a partner part of the time, named Saunders—the partnership ceased on the 26th of July—I told the prisoner on the 16th of Nov., that he was not to consider himself my agent any longer—I charged him with a misdemeanor for receiving money after that—he has sold to the amount of 546l. in starch—the commission due to him at the present time, is 37l., as only a portion of the accounts have been paid—if the whole commission was paid without any bad debts, it would amount to 51l.—he has received in cash, 47l., 7s. 8d.—he would be entitled to 10l. more if all the accounts were received—at the time I told him not to consider himself my servant any longer, a number of the accounts were unsettled—I have advanced him 41l.
MR. BALLANTINE. Q. You say you have advanced him 41l.? A. I have—that was in cash paid for him—I have given him credit for sums he has received, and not accounted to me for—I have not charged that in the 41l.—there was no stated time to settle accounts with him—till they were all called in, it was impossible to do it—the accounts were to be handed to me as they were paid—I have received 377l. for sales contracted by the prisoner—there is still 169l. unpaid to me.
COURT. Q. But which you have reason to believe has not been paid to the prisoner? A. I hope so.
MR. BALLANTINE. Q. They do not include the two sums in this indictment? A. No—I cannot tell whether any part of the 169l. has been received by the prisoner, as I have not been the journey.
COURT. Q. In the 377l., do you include the money you charge here as embezzled? A. Yes—I have put all the money I have discovered, as money received, and it amounts to 24l. 18s., which has been included in the 377l., and I have put the commission on that to make it appear in the best light for the prisoner—I have received 377l. either from him or from the tradesmen—353l. is all that I have actually got—there is 24l. in dispute between me and the prisoner—a third person has received part of that money—I do not know how much.
JURY. Q. How much per cent. commission had he? A. Ten per cent. on some, and five per cent. on the others—I have never called the prisoner's attention to these two particular sums—they have been found out since he was in custody.
JAMES FINK . I am a policeman. I took the prisoner into custody—I told him I took him for embezzlement—he said he was very sorry such proceedings should be taken against him, that he was then going to a friend to come to some arrangement with Mr. Little.
NOT GUILTY .
432. HENRY EASTGATE was indicted for feloniously uttering, on the 13th of Dec., a certain forged note of the Governor and Company of the Bank of England, commonly called a bank-note, for the payment of 5l., knowing it to be forged, with intent to defraud the Governor and Company of the Bank of England.—2nd COUNT, stating his intent to be to defraud Samuel Sparrow Wallis and another.
ANN WILLITER . I am single, and live at No. 12, Carpenter-street, Horseferry-road. I have been a servant, but am not in service now—I have known the prisoner twelve months—I was in his company at Westminster on Tuesday morning, the 13th of Dec., between nine and ten o'clock (I had been to the play with him the night before) he gave me a 5l., note to pay a deposit on an apartment—we were unfortunately going to get married—it was to pay a deposit on the apartment, and the price of a ring—the apartment was to be at Charing-cross or Oxford-street—I accompanied him that morning to St. James's-park—we walked through St. James's-park, and opposite the Horse-guards I left him—I was to see him that afternoon at half-past three o'clock in Regent-street—the apartment was to be about 5s. or 10s. a week—I went home to Mrs. Batchelor, a friend of mine, and gave the note to her—she lived in the same house as me—I went with her to Mr. Wallis's, a linen-draper's, to change the note—it was changed there—we bought a pair of gloves, a cap, and some cap-ribbon, which came to about 2s. 4d.—I kept the change till I found the note was bad—next morning somebody came—Mrs. Batchelor's name and address was given, and put on the note when it was paid away.
Prisoner. Q. When you took the note home what did you do with it? A. I gave it to Mrs. Batchelor—she took it to the linen-draper's—she did not take it anywhere else first—she took it up to another lodger in the house to ask if it was a good one, and the lodger said yes, they believed it was a good one—I did not take it up myself—Mrs. Batchelor changed the note—it was never in my hands after I gave it to her.
HANNAH BATCHELOR . I am the wife of Isaac Batchelor, and live at No. 12, Coventry-street. On the 14th of Dec., Williter gave me a 5l. note to pay a deposit for a room, and to buy a ring—I showed it to Mrs. Edwards, a lodger in my house—I did not lose sight of it—it was not changed—I put it in my bosom—I had no other note there—I went with Williter to Messrs. Wallis and Southwold, in Parliament-street, and bought some things for her which came to 2s. 4d.—I paid the 5l. note for them, and got change—I gave
my name and address, which was written on the note in my presence—I am sure the note my name was written on was the same as I received from Williter—I took the change off the counter, and put it into Williter's purse.
GEORGE DOUGLAS . I am in the service of Samuel Sparrow Wallis and Mr. Southwold. I remember Williter and Batchelor coming to the shop and purchasing articles to the amount of between 2s. and 3s., which Batchelor gave a 5l. note for—I asked her name and address, which I wrote on the same note—the note now produced is it, and has the writing on it—I wrote it first in pencil, but in the evening having doubts about it, I wrote it in ink.
JOSHUA FREEMAN . I am inspector of Bank of England notes, at the Bank, and have been so twenty-six years. I have examined this note—it is forged in paper, plate, and signature—it is not the signature of the cashier it purports to bear—I am well acquainted with his signature.
WILLIAM MORAN . I am an inspector of the B division of police. On Wednesday evening, the 14th of Dec, in consequence of previous information, I was inside the house No. 12, Carpenter-street—the prisoner came to the door, and I apprehended him at the door—I told him he was charged by the witness Williter with having uttered a forged note to her—she was present at the time—I think I told him it was a 5l. Bank-note—I told him it was my duty to caution him that whatever he might say I must name elsewhere, and if he wished to say anything it was my duty to hear it—he said, "I shall say nothing at all about it," but immediately afterwards he said, "I will tell you all about it, I took it at the fight down the country" (when he knocked at the door a female opened it—he refused to come in—I was in the parlour—he could not see me—the female asked him to walk in—he declined, but asked if Ann was in—the female said, "Yes, walk in"—he declined to come in, and waited at the door—I went out to him) I searched him, and found on him a key, 2s., and a note addressed to Williter—he at first said his name was Henry Miles—he afterwards said his name was not Miles, that they called him Miles's boy, but his name was Henry Eastgate—he at first said he lived at No. 5, Arundel-terrace, White Conduit-fields—I said I should go there—he then said he did not live there, but his friends resided there—I afterwards learnt that some notes had been found in the street, and a spot was pointed out to me in Carpenter-street, about twelve feet from No. 12, where he was apprehended—in going from the house to the station with him, I had passed that spot, but the notes lay on the right, and he was on my left—I do not think he could pass that spot on leaving the house, but in coming to it he might, or anybody standing at the door might easily have thrown them there.
Prisoner. Q. How did I decline coming in? A. You were asked by the female to come in, and you declined—I could not exactly catch you words to say what you said—you might have said you were in a hurry—you made no resistance to my taking you—you could have thrown the notes away before I came out of the parlour—you saw me come out of the parlour followed by two men, and there was a light in the passage.
THOMAS BUCKINGHAM . I am a coal-porter, and live at No. 2, Bennett's-yard, Westminster. On the 15th of Dec., at a quarter before eight o'clock in the morning, I was in Carpenter-street, and picked up some paper about two yards and a half from No. 12—it was about two feet and a half from the pavement, on the road—I found it was two 5l. notes wrapped up in a piece of sugar paper—I gave them to Mr. Edgar in about twenty minutes—I had not parted with them before—I took them to him in the coal-yard, which is about a hundred yards from Carpenter-street—it was rather
dirty weather—the paper is not here—there was no soil on it as if it had been there any time—the notes were not out of my sight till I gave them to Mr. Edgar.
Prisoner. Q. Do you think they had laid there all night; were they damp with the dew of the night? A. They were dry when I picked them up—they were rolled up in brown paper, which also seemed fresh—it was rather a damp morning—it was wet the night before.
EDWARD EDGAR . I am clerk to Mr. Lucas, a coal-merchant, in Milbank-street. About nine o'clock in the morning Buckingham gave me two 5l. notes, and asked me if they were good—I thought them bad—I kept them, and they were marked before I parted with them, and marked by him in the inspector's presence—he told me he found them that morning about a quarter to eight o'clock—I locked them up, and kept possession of them till I delivered them to the inspector—these are the two notes—Buckingham put his mark on them, as he could not write.
GEORGE DOUGLAS re-examined. On Wednesday evening, the 14th of December, I went to No. 12, Carpenter-street, and remained inside the house—the prisoner came to the door—I followed the inspector, and saw the prisoner at the door—the inspector collared him—the prisoner's hands at that time appeared to me to be in his pocket—they were not hanging down—when he was collared he made a motion appearing to attempt to escape—he turned quite on one side as if to escape—that motion brought him nearer the curb—he did not move half a foot, perhaps—he was searched in the parlour.
JOSHUA FREEMAN re-examined. These two notes are forged in every particular, and are impressions from the same plate—the number is put in afterwards by hand—it is quite a distinct operation—the same plate will serve for thousands—we never have two notes of the same number and date—the first note I saw is from the same plate as the others—it is the same date, and purports to be signed by the same cashier—the first note is No. 627, and has 37 in the margin—that is part of the plate—this is a copy of a plate used on the 14th—it is all the same paper, and there has been an attempt at a water mark done by pressure.
WILLIAM MORAN re-examined. It was eight o'clock in the evening when I took him—he made no resistance, but by my touching him with some force it might have altered the position of his body—whether it was his own act or mine in seizing him I cannot say—I was on duty all that night, and it was a fine night—it did not rain all night—there was a wooden barrier at the end of Carpenter-street, and no traffic of horses or carriages.
Prisoner to MRS. BATCHELOR. Q. How do you obtain your living? A. By my labour—I have a husband, and he lives with me—I only knew Williter stop out one night while she was at my house—I never knew her come there after keeping company with another person—my husband is a horse-keeper, and has 21s. a week—I never knew any one come there courting Williter, but you—I do not know where she was the night she stopped out—she left the house by herself.
Prisoner's Defence. I took the note at a fight for a bet.
GUILTY . Aged 36.*— Transported for Fourteen Years.
THOMAS COLLARD . I keep a tobacconist's shop in Upper-street, Islington. On the evening of the 26th of Dec, I was in the room adjoining my shop—the prisoner and a companion came into the shop, and asked for a Christmas-box—he or the other represented themselves as dustmen—my wife refused them—one of them said, "Why, mistress, it is Christmas time, a few halfpence we shall be satisfied with"—I said, "I am sure you are no dustmen, go about your business, I have nothing for you"—the prisoner turned round, and the way in which he was leaving the shop excited my suspicion—he said to his companion, "Come along, they won't give us any thing," and on looking at the place where two parcels of tobacco were, I missed one of them—there were six ounces made up into thirty-six papers—I went out, and overtook the prisoner within fifty yards of the shop in the road—I collared him, and accused him of the robbery—he denied it—I saw the tobacco in his bosom—I took two of the papers out, and the rest he let fall in the road—a struggle ensued, he fell, got up, and ran away—I ran after him, calling assistance—he was stopped by another person—I gave him to a policeman, and he was taken to the station—his companion escaped—Lawrence brought some more of the papers to the station.
Cross-examined by MR. HORRY. Q. Was it not the other man who said it was Christmas time? A. I do not know—the prisoner went out first—I saw the other man walking slowly along the street—he was not reeling about in the shop.
(The prisoner received a good character.)
GUILTY . Aged 27.—Recommended to mercy.— Confined One Month.
OLD COURT.—Thursday, January 5th, 1843.
434. JAMES KEEN was indicted for burglariously breaking and entering the dwelling-house of John Rolls, about two o'clock in the night of the 31st of Dec., at St. George, Hanover-square, with intent to steal, and stealing therein, 11 spoons, value 1l. 13s.; 1 pair of sugar-strongs, 10s.; 1 pencilcase, 3s.; 1lb. weight of tea, 5s.; 8lbs. weight of sugar, 5s. 6d.; 10lbs. weight of cheese, 6s. 3d.; 1 pint of brandy, 4s.; 1 bottle, 2s.; 1 box, 1s.; 1 snuff-box, 1s.; 1 knife, 3s.; 1 table-cloth, 2s.; 1 table-cover, 4s. 6d.; 1 lb. weight of raisins, 6d.; 1 shaving-box, 2d.; 1 inkstand, 4d.; 3 3d. pieces, 1 2d. piece, 240 pence, and 5 half-pence, his property, and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 35.— Transported for Fifteen Years.
435. JAMES PARKER was indicted for burglariously breaking and entering the dwelling-house of George Maitland, about five o'clock in the night of the 21st of Dec., at St. Marylebone, with intent to steal, and stealing therein 9 spoons, value 3l. 15s.; and 1 penknife, 1s.; the goods of Dominie Odrowonz Sypriewski; to which he pleaded
GUILTY . Aged 15.— Transported for Ten Years.
436. WILLIAM JONES, alias Crow , was indicted for stealing, on the 17th of Dec., at St. Clement Danes, 4 watches, value 5l. 10s.; 3 rings, 18s.; 10 breast pins, 3l. 5s.; 1 penholder, 2s.; 1 brooch, 3s.; and 1 pencil-case, 5s.; the goods of William Edwin Barrier; to which he pleaded
GUILTY . Aged 18.— Transported for Ten Years.
437. WILLIAM WALMSLEY was indicted for stealing, on the 27th of Dec., 112 lbs. weight of lead, value 18s., the goods of Wilbraham Egerton, Esq. and others, and fixed to a building.—Three other Counts, varying the manner of stating the charge.
JAMES SIMMONS . I am a policeman. On the 27th of Dec, at a quarter after nine o'clock in the evening, I was on duty in St. James's-square, in the enclosure, which is part of my beat—I went to the summer-house there, and found the prisoner standing up by the side of the wall—I asked what he did there—he said he came there to sleep—I asked him by whose authority—he made no reply—I took him into custody, and sprang my rattle—assistance came, and I gave the prisoner to another constable—he must have got over the railings, as the gates were all locked—I saw some lead lying on the floor, and on the bench of the summer-house—I took possession of it—another per-son, who was lying down, who I had not seen before, got up, and ran when I sprung my rattle—I have never seen him since—I examined the top of the summer-house, and found lead gone from it—I have gone there almost every night for the last three months—I never found anybody there before, or missed any lead—I found this knife on the prisoner—(produced.)
JAMES ROBERTS . I am collector of rates and surveyor to William Edger-ton, Esq., and others, trustees of St. James's-square. On Tuesday afternoon, the 27th of Dec., I passed through the square nearly at dusk, between three and four o'clock—I observed the summer-house, the gates of the square, and every thing was quite safe then—about two years ago the lead was stolen off the roof, and new was put on—I had part of it painted, and have every reason to believe this is it—one piece still remains, which exactly corresponds with this.
Prisoner's Defence. I was going to sleep there.
GUILTY . Aged 19.— Confined Six Months.
THOMAS CANNON . I am sixteen years old, and live in Brook-street. On the 31st of Dec. I was in the Commercial-road, and saw the prisoner take a goose from Mr. Jones's window, which was open—he wrapped it in his apron, and went away with it—I went in, and told the shopman—he went and fetched him back.
JOHN ROBERTS . I am servant to Slaney Jones, of Portland-place, Commer-cial-road. Cannon came and gave me information—I missed the goose, ran, and caught the prisoner about sixty yards down the street with a pair of boots and the goose in his apron—I asked what he had in apron—he said he had nothing—I said, "Let me look"—he said, "Let me go, I will never steal any thing again"—it is Mr. Jones's goose.
Prisoners Defence. I picked the goose up, and was going along when he collared me; I thought it no harm.
GUILTY . Aged 14.—Recommended to mercy.— Confined One Month, and Whipped. Before Mr. Baron Gurney.
ELLEN QUIN . I sell fruit at the corner of Hungerford-street, Strand. On Saturday, the 24th of Dec, between twelve and one o'clock, I was there, and saw a cab, driven by the prisoner, turn out of the Strand down Hungerford-street—there was a man on the box along with him—he drove down the street—I saw the deceased come by—he was crossing the road, and the shaft of the cab knocked him down, and the wheel went over his leg—the cab was driving too fast for a passenger to cross over without being knowned down—I did not see the driver do any thing to the horse before it happened—the street goes down a hill—I did not see him whip his horse at all—there was no other carriage in the street at the time—I did not hear him call out—he might have done so without my hearing him—he was going from me, and there was the noise of the wheels.
Cross-examined by MR. CLARKSON. Q. He was turning as if coming to the market? A. He was going towards the market—the improved wood pavement is laid there—it was a dry day—I believe it was a little frosty—it was not wet.
HENRY EPLETT . I am a porter. I was in Hungerford-street on the 24th of Dec., and saw the cab which the prisoner drove, and a man on the box with him—I saw a man cross the road—either the horse or the shaft struck him—he was knocked down, and the near fore wheel went over his foot—I only saw the fore wheel go over him—I assisted in picking him up—the cab went on about a dozen yards—there was nothing to prevent the driver seeing the man before him—he was going rather fast, I consider, about six or seven miles an hour—he stopped when he got about a dozen yards.
Cross-examined. Q. I believe he spoke to the policeman, did not he? A. Not to my knowledge—a policeman came up as we were carrying the deceased to Charing-cross Hospital—the cab had gone over his foot just below the ancle—I saw the prisoner when he was returning from his fare—he stopped, and went over Westminster-bridge by my direction to fetch the deceased's daughter to attend her father—he expressed the greatest sorrow and contrition for what had happened—he offered to do any thing he could to assist them, and immediately went over to fetch the daughter to the hospital without any charge—I believe it is difficult to pull up a horse on a sudden on the wood-paving—if you stop a horse suddenly it slips along—I never drove a horse myself—I cannot recollect whether it was wet or not—I think he was not going above six or seven miles an hour in my judgment—the horse was trotting—I heard some person call out more than once about the time it happened—I cannot be positive it was the prisoner—I cannot say whether it was half a minute or a minute before—the deceased was an aged man.
JAMES MIDDLEDITCH . On the 24th of Dec. I was at the corner of Hungerford-street, Strand, and saw a cab come down Duncannon-street—it went down Hungerford-street, at the rate of about seven miles an hour—it was going rather fast, as it appeared to me—I saw the deceased cross the road—I heard the cabman call out to him once—I did not see the horse checked at all—the deceased was knocked down by the shaft, I believe—the fore wheel went over him—I picked him up afterwards—both the wheels had gone past then, and the cab
had gone about a dozen yards—both wheels did not go over him, as the fore wheel turned him round—it went over his ancle—the cab stopped about a dozen yards off—there was an outcry in the street.
Cross-examined. Q. Do you mean he did not try to pull up the horse, or that you did not see him? A. I did not see him—the wood pavement is slippery—if he had pulled up suddenly the horse would have fallen down—it is difficult to pull up suddenly in that part—I do not say he did not try to pall up his horse.
ROBERT STOREY . I was in the Strand, walking close behind the deceased towards Charing-cross—he was going straight across the crossing of Hungerford-street—it was at the top of the street—I saw a cab coming from the Strand, in the direction of Hungerford-market—I heard the cabman halloo twice—either the horse's head or the shaft knocked the man down—the near fore wheel passed over his left ancle—I then suddenly caught hold of the man, and told the cabman to go a few yards, which be did, and then stopped—the cab was going slowly, I should say—he had gone out of Duncannon-street, crossing the Strand—I have known the prisoner about six years, seeing him drive in the street—I never had any particular conversation with him—he appeared quite sober.
Cross-examined. Q. Describe exactly where the accident happened? A. Directly on the crossing after coming off the wood pavement—when he called out twice he was trying to pull up the horse, and the horse made a slip—I considered the accident was quite unavoidable—he is a man of humane character, for what I have heard—when I have seen him drive he drives steadily—I have been in the habit of driving myself.
GEORGE GUMMAR . I am a policeman. I met the persons carrying the deceased to the hospital—on the 30th of Dec. I took the prisoner into custody, on the Coroner's warrant, after the man's death—I saw him three or four minutes after the man was run over—he was perfectly sober.
MICHAEL TEEVAN . I am house-surgeon at Charing-cross Hospital. The deceased was brought there on the 24th of Dec.—he had received a lacerated wound on the inner ancle of the left leg, it was about four inches long, and exposing the ancle joint—inflammation of the part ensued, and subsequently mortification, of which he died on the 28th.
Cross-examined. Q. Was he sensible? A. Yes—I think his hearing was not very acute, but I did not pay particular attention to it.
MARGARET ANN MARTIN . The deceased was my father—his name was Edmund Martin—he went out that morning at a little after ten o'clock—he was not hard of hearing in the least—the prisoner came in his cab to fetch me to the hospital.
Cross-examined. Q. What was your father? A. A watchmaker—he was in the habit of working at home—he was sixty-eight years old—his hearing was as good as when he was younger.
NOT GUILTY .
Before Mr. Baron Gurney.
440. MARY HANKING was indicted for stealing, on the 13th of Dec., at All Saints, Poplar, 6 forks, value 8l.; and 8 spoons, 8l.; the goods of James Durnford Capel, her master, in the dwelling-house of James Durnford Capel, the younger.
MARY ANN CAPEL . I am the wife of James Durnford Capel, junior, of No. 5, Mary-place, in the parish of All Saints, Poplar. The prisoner was employed by me as needle woman, and sometimes as servant—I left her in charge of the house for five months, while we were out of town—she had been in my house shortly before I discovered this loss—on Friday, the 23rd of Dec.,
I had occasion to look over the plate, and missed six table forks, five table and three tea spoons, from a drawer in my wardrobe, which is generally unlocked while I am at home, but when I was absent from home it was locked—I had not left the prisoner in the house by herself for many months—she had been there on the Tuesday preceding—I gave information to a policeman.
WILLIAM SLADDEN . I am a policeman. In consequence of directions I received, I went to different pawnbrokers, and afterwards to where the prisoner lived, in Hand-street, St. George's-in-the-East—I told her she was accused of stealing some plate from Mrs. Capel—she denied it—I asked her to allow me to search the premises—she said, "Certainly"—I found nothing relating to the plate—I asked her to accompany me to Prentice, the pawnbroker's, in Mile End-road, which she did, and he identified her, to her face, as the person pawning some plate which I found there—he said, in her presence, she was the person who pawned it—there were three tea-spoons and two table-spoons there—she said, "You make a mistake, Mr. Prentice."
THOMAS PRENTICE . I am a pawnbroker. I have two table-spoons pawned on the 14th of Dec, by the prisoner, in the name of Mary Harris, and three tea-spoons, by the prisoner, on the 16th, in the same name—I knew her before, she was a customer—there was a crest on the plate—I called her attention to it—she said it was her family crest, they had been in the family some time, and had now come to her.
Prisoner. It is false altogether that I am a customer of his. Witness. She is, I know her well.
MRS. CAPEL re-examined. These spoons are my husband's—there are six table-forks and three table-spoons still missing—the house had not been broken open at all—nobody bad got in to my knowledge who could steal them—the value of all that was taken was 15l. or 16l.
Prisoner's Defence. I am innocent altogether; the only time I was in Prentice's shop was twice, and that was to buy a pair of pattens and a flatiron.
GUILTY of stealing under the value of 5l. Aged 35.
Transported for Seven Years.
Before Mr. Justice Wightman.
441. HENRY GAINES was indicted for feloniously assaulting Samuel Rodway, on the the 21st of Dec., putting him in fear and danger of his life, and taking from his person and against his will, 1 handkerchief, value 4d., his property; and beating, striking, and using other personal violence to him.
MR. PRICE conducted the Prosecution.
SAMUEL ROADWAY . On Wednesday, the 21st of Dec., at a quarter after one o'clock in the morning, I was coming over Westminster-bridge, and felt unwell, and sat down on the middle recess—I heard three or four men on the opposite side—one said to the other, "Go over and see what that man is"—the prisoner was one of them I am certain—I do not know who spoke—the prisoner immediately came over, and was going to put his foot over on the footpath—I said, "You need not come, old fellow, I am not asleep"—he immediately came up, caught me by the collar of my coat, and thrust me against the wall—he was alone—he knocked me down against the wall, and took my handkerchief from my hand—he ripped the button off my coat, which was buttoned, in an attempt to pick my pocket—he thrust my coat open, and put his hand towards my breeches pocket, which was buttoned—he tried to unbutton it, I am quite sure, but he did not—I had 2s. in it—directly he tried to do that, I got up, and in the scuffle I managed to get the handkerchief out of his hand—I saw a policeman's shiney hat down below
—I thought if I hallooed out the prisoner would escape—I did not call out, but went quietly from the place to the policeman—the prisoner walked over the way, and joined the other men—I did not follow, but went quietly down to the policeman at the bottom of the bridge—I told him what had occurred—he came up with me directly, and asked me to show him the man—I showed him all the men sitting down together—I pointed out the prisoner to him, and he took him up—when he struck me he struck me against the wall violently with his fist, and had me by the coat—it was a blow.
Cross-examined by MR. PAYNE. Q. What are you? A. A gentleman's servant, but I have been out of place better than six months—I cannot exactly say the month I left my last place—I last lived with Mr. Joseph Wathen of Gloucestershire—I get my living with my friends, and a little money I had—I had been with my friends at Camberwell that night—I have been in London about a fortnight—I had been at No. 28, Noble-street, Clerkenwell, for a week, I think—I did not live at this time in Little Geary-street, Westminster—I never lived in any street in Westminster—I had no residence at all, I went about from place to place to try to find a situation, which was what I came up for—I did not know where I was going to sleep that night—I should have got a lodging—the night before I slept at Mrs. Milbury's, New-street, George-street, Bloomsbury—I went into this recess as I felt very ill coming home, and sat down to take a little rest—I was coming over to look for a lodging—I saw the policeman's shiney hat nearly at the foot of the bridge, but did not call out—I could see bis hat by the glittering of the lamp on it—he was nearly at the foot of the bridge—when the prisoner laid hold of me he said he was the keeper of the place—he did not explain what he meant by that—my father's brother lived in Noble-street—I had not lived there at all—I gave my address No. 28, Noble-street, as where I could be found—I was there last Sunday night—I had not been there for a week before this happened—I never slept there—I have come from Woodchester, near Stoudwater—I lived there the last time about three months, as groom to a gentleman, but had been with him very many years before—he was a cloth-manufacturer—he failed, and I left him—I had not been drinking on this night—I had not been well a good while—I had been sleeping about at different lodgings in town—I slept in New-street several nights, I do not know how many—I will swear I slept there six nights—I was only in London to get a place, and gave my residence where I could be found—I have been down home since that—the first time I came to London I slept at Pimlico, at the house of a man named Rodgers, who had come up from where I did—I do not know the name of the street, it is in Springgardens—I am quite sure I heard the mail say, "Go over and see what that man is," and he said, "See whether that fellow is asleep, "and he came over—I value the handkerchief at 4d.—I gave it to the policeman—the other men did not interfere at all—they remained on the other side—they could see me and the prisoner—directly I got up, he had the handkerchief in his hand—I snatched it from him, kept it, and gave it to the policeman—when I came back with the policeman, they were in the same place—I saw one of them smoking—they did not appear to have been drinking at all.
MR. PRICE. Q. You had never seen either of them before? A. Never—I knew nothing of them—I had not spoken to them before he came over to me.
HENRY PALMER . I am a policeman. About a quarter after one o'clock, in consequence of what Rodway said I went back with him to the recess, where the prisoner was still sitting, with three or four in his company—I had not seen him there before—the prosecutor gave him in charge, and gave me a cotton handkerchief—this is it—it is worth 4d. I believe.
NOT GUILTY .
Before Mr. Justice Wightman.
EDWARD HORN . I am a farmer, and live at Old Oak-common, in the parish of Acton, Middlesex. On the 21st of Dec. I had a chestnut mare—between eight and nine o'clock in the morning I turned her out on Old Oak-common—between ten and eleven I was by the side of the canal towing-path at Shepherd's Bush—I looked back, seeing a horse coming, and thought it was ray mare—I waited till it came up to me—the two prisoners were with it—Carter was leading her—Smith was on her—he fell off, and when Carter came opposite me I asked him where he was going—he said to Paddington, that the mare belonged to the little boy's (Smith's) father—I caught hold of the big boy, (Carter) and the mare, and ran after Smith—he ran back to the Old Oak-bridge—I caught him afterwards—they had a rope on the mare's head made in the shape of a halter—Smith said when I took him that the other gave him some halfpence for him to come with him after her—I took them both to the station.
Cross-examined by MR. BALLANTINE. Q. Tell me the exact words this little boy (Smith) used? A. He held out some halfpence, and said, "He gave me these halfpence to come with him," and was to give him 2d. more when they got to Paddington.
THOMAS COLE . I am a policeman. On the 21st of Dec. the prosecutor brought the prisoners to the station with the mare, and gave them into my custody—Smith said Carter asked him to go down to the Old Oak-common, to fetch his father's horse—that he promised to give him a halfpenny and some more halfpence and a piece of beef when they got to Paddington—Carter denied it—this rope was round the mare's neck, made up like a halter.
NOT GUILTY .
Before Mr. Baron Gurney.
443. WILLIAM BAYLEY and MARY ANN SOMERVILLE were indicted for that they, together with four other persons, whose names are unknown, feloniously did assault Richard John Phillips, on the 15th of Dec., putting him in fear and danger of his life, and taking from his person and against his will, 1 key, value 6d.; 2 pence, and 6 half-pence, his property; and immediately before, at the time of, and after the said robbery, feloniously beating, striking, and using other personal violence to him.— 2nd COUNT, for, together with others, feloniously assaulting him, with intent to rob him.
MR. CLARKSON conducted the Prosecution.
RICHARD JOHN PHILLIPS . I am an actor, and live in Kenniston-street, Gibson-street, Waterloo-road. At the time in question I had no engagement—on Friday, the 16th of Dec., between two and three o'clock in the morning, I had been at the Queen's Head, Piccadilly, and was going home through Castle-street, Leicester-square, in company with a female, I met the male prisoner, in company with four more persons and the female prisoner—I was knocked down immediately by the male prisoner—I had not spoken to him or to either of them—no words had been exchanged between my companion and them—I received the blow on the left temple, which felled me to the ground—the four others, who made their escape, seized hold of me by the arms and legs—my hat was knocked off—the female prisoner laid hold of me by the hair at the back of my head, and pulled me along the stones—they attempted to rifle my pockets, but could not find which pocket I had my silver in—here is the coat I had on, which is torn—they put their hands into my pockets—I was as silent as I possibly could be—I had about 5d. of halfpence
in the pocket of the coat, which was torn—they were taken, and I had two keys with the halfpence—one was the key of my box, and the other a very small key of my theatrical dressing-case, which was not taken out of my pocket, being so small, but the large key was taken out by the male prisoner—I saw him take it out while I was on the ground—the other four were holding me at the same time, and the female by the hair of my head—the female who was with me immediately went in search of a policemen—I was not on the ground more than a minute before a policeman came up with her—the male prisoner at that time had left me, and was standing at the corner of a court—the other four had made their escape—the policeman took the male prisoner into custody—after he was taken I picked up the key off the stones at the place where I was knocked down—it was the key the male prisoner had taken from my pocket—I am sure I had the halfpence about me, and had not parted with them before I was knocked down—I did not mention the halfpence before the Magistrate, because I could not swear he took them out, though I swear he took the key out—I did not see the halfpence taken from me, but am sure I had them about me at the time I was knocked down—the young woman I was with was a stranger to me—I saw her going towards Waterloo-bridge when I left the Queen's Head.
Cross-examined by MR. PAYNE. Q. Where do you act? A. I last acted at the Deptford theatre, which is open now—I was the clown there last Christmas—I had been taking a pint of porter at the Queen's Head—I do not act there, but I am acquainted with the waiter, who has a child living at Deptford—I call at Deptford frequently to see how it is going on, and four nights out of six I call at the Queen's Head on my road home, when out of a situation—I might have been there from twelve till two o'clock—I cannot undertake to say what I drank there—I was very far from being drunk when I was in Castle-street—I might have drunk, to the utmost, about four pints of porter—I think not more—I had drunk nothing before that from four to twelve—I had been at home after four—I left home about nine—I had been to Chelsea—I had been at the Bedford Arms, Cadogan-place, Chelsea, before I went to the Queen's Head—I left there about twenty minutes after eleven—I had been there an hour and a half—I mean to swear I drank nothing there—I was talking to some friends in the parlour—I cannot say what they had—they might have had beer, gin, rum, or brandy—I did not drink with any of them, because I had no money to pay my share—none of them offered me any thing to drink—I had money in my pocket, but it was to pay what I owed—I spent money at the Queen's Head—I had 10s. 6d. when I went there, which I owed for lodging, and sixpence I changed at the bar—I went from my own house to Cadogan-place—I probably had a glass of ale at dinner—I generally have half-a-pint of porter—I had no wine or spirits that day—while I was talking to the policeman, the male prisoner came up, and said, "What is the matter?"—my companion came with the policeman directly—the prisoner was prevented from getting away with the others, because he saw the policeman come up close on his legs—he would have made his escape with his companions had the policeman not been so close at his heels—he saw the policeman had his eye on him—he was at the corner of a court—I do not know the name of it—directly he saw the policeman come up, he said, "Well, I think you have been very badly used"—I said, "You are the villain who first struck me"—he asked what was the matter, or some such kind of word—he could not escape, he saw there was no opportunity, because the female witness had her eye on him as well as myself—he saw he was discovered—I first spoke about having lost halfpence yesterday in the Court, not before—I was asked by the clerk at Marlborough-street,
and I said I had some halfpence, but would say nothing about that, because I could not swear they were taken from me—I cannot swear they were taken from me at that time.
Cross-examined by MR. HORRY. Q. The female prisoner had hold of you by your hair, and dragged you along, did she? A. Yes, for about three yards—the four men assisted her—they prevented my calling out, because one of the men who escaped had me by the throat—there was only me and Watson walking together—there was nothing to prevent their seizing the girl too—they thought I was a respectable person, and seized hold of me—we were walking arm-in-arm—I was knocked down ten or eleven yards from the court, to the best of my judgment—I should say within a dozen yards—it is a narrow street—I was knocked down immediately they came up.
Q. Did not you see them laughing before they came up to you? A. They were talking together—I cannot say as to laughing—I saw them very well.
Q. Were not two or three of them dancing about on the pavement rather wildly and ridiculously? A. No—the Deptford Theatre has been closed some time, but it has been opened very recently, within a day or two—I performed there last at Christmas, 1841—I have performed at many theatres since that, at Maidstone, Manchester, Doncaster, and others—my money was in my breast-pocket—I mentioned what I had in my pocket yesterday, and it was put into the indictment—Watson did not cry out—she went for a policeman.
MARY ANN WATSON . I am single, and live at No. 3, Hand's-place, Granby-street, Waterloo-road. On the 16th of Dec. Mr. Phillips, who was a stranger to me, was going home, and I was walking with him through Bear-street, Leicester-square, which leads to Castle-street—the male prisoner was walking along behind us very quickly—he came along the front, suddenly turned round, and knocked Mr. Phillips down—the female prisoner was in his company—after he knocked Mr. Phillips down, four men came across the way from the corner of Castle-street, and came round Mr. Phillips—the female pulled him by the hair of his head—I was frightened, and went at once for a policeman—I could not see what the other men did—I found policeman C 59—the four men who surrounded him went along Bear-street, as quick as they could, towards Leicester-square—as soon as they saw the policeman, the prisoners went across the road to the corner of St. Martin's-court, and stood there—when the policeman came up the male prisoner came across the road, and I said, "That is the man that knocked Mr. Phillips down"—he is the person, I am certain—the policeman took him—I did not hear him make any observation to the constable—the woman was not taken till the next morning at the office.
Cross-examined by MR. PAYNE. Q. Did she get away? A. Yes—she was standing at the corner of the court with the man, and got away—the prosecutor was knocked down at the corner of Bear-street—the men were not laughing at the time, they laughed when they went away.
Cross-examined by MR. HORRY. Q. You are on the town, are not you? A. Yes—the male prisoner was walking with the female—he walked behind us very quickly, then came in front—at that time the four men were standing at the corner of Bear-street—they were not with the prisoner when Phillips was first touched by the prisoner, they came up afterwards—I was talk-ing to Phillips at the time—I was on the outside, not nearest the wall—I did not expect he was going to be knocked down—the four men came round him as soon as he was knocked down, and I immediately went for a policeman—I was with the policeman when the male prisoner came over—the policeman was then helping Mr. Phillips up—I did not take particular notice of the countenances of the four men—we were not walking quickly—the prisoner was walking quick, as if to pass us—up to that moment I had no occasion to
notice his features—I knew him again—the female took hold of Mr. Phillips's hair after he was down, not while he was falling—she dragged him along the pavement about a yard—it was not so much as half a dozen yards—I did not see that the male prisoner helped her to drag him—the four men were round him—Mr. Phillips did not say anything to me at that moment about having lost anything—I heard the policeman ask him if he had lost anything—he said the key was out of his pocket—I cannot say whether he said it dropped out—the key was the only thing I heard mentioned, but he was walking with the policeman and the prisoner—I was a good distance behind, and another policeman said I must go to the station with them.
MR. CLARKSON. Q. Had you or Phillips said anything to the four men or to the prisoners before he was knocked down? A. No.
JOSEPH BARBER . I am a policeman. About three o'clock in the morning I was passing along Bear-street, Leicester-square, and saw three or four men coming in a direction from Castle-street, they were laughing—at that time I was not aware that anything had happened to anybody—I came to the corner of Castle-street, and saw the young woman—in consequence of what she said, I went up to Mr. Phillips, who was about a yard distant from the woman, and saw Bayley standing at the corner of St. Martin's-court—the prosecutor said he had been knocked down and attempted to be robbed—Bayley came up to the prosecutor and asked him what he said—the prosecutor said that was the man who knocked him down, and he gave him into custody—Watson said, "That is the man who knocked him down," and pointed to the woman, who stood at the left-hand corner of the court, and said, "That is the woman who caught him by the hair of his head"—I did not take the woman, because she was not given into custody at the time.
Cross-examined by MR. PAYNE Q. Have you told us all that passed between the male prisoner and the man? A. Yes—I was three or four yards from the men I saw laughing—it was not two minutes after I saw them that I saw the prosecutor.
(Celia Cooper, wife of William Cooper, boot and shoemaker, No. 7, King-street, Golden-square; and Mary White, widow, of No. 1, King's Head-court, Great Sunderland-street, gave Somerville a good character.)
BAYLEY*— GUILTY . Aged 25.
SOMERVILLE**— GUILTY . Aged 22.
GUILTY on the 2nd Count.
Transported for Fifteen Years.
Before Mr. Justice Wightman.
MR. ADOLPHUS conducted the Prosecution.
WILLIAM COX . I am apprenticed to a hatter, and live in Bronte-place, East-lane, Walworth. Last Monday, about one o'clock, I was in Holy well-street, Strand, and saw the prisoner take a Macintosh from Mr. Levy's door, put it before him, and run down the lane—I directly ran into the shop, and gave information to Mr. Levy—we both pursued, and found him by chance in Carey-street, Lincoln's-inn-fields—I can swear he is the person—I went up to him and took the Macintosh which he had wrapped in his apron from him.
Cross-examined by MR. PAYNE. Q. Did you know him before? A. No—I was five or six yards from the prisoner—I could not see him when I came out with Levy—he was running when I saw him with the Macintosh—we went up some court which brought us into Carey-street—he was coming as if he had been round Portugal-street.
Holy well-street—I was in the parlour that day—Cox came in and gave me information—we ran out and pursued the prisoner—we found him in Carey-street, and took the Macintosh from his apron—it is my father's—he said nothing when I first took him.
Cross-examined. Q. Did he say anything afterwards? A. He said, going along, that he had it given to him—I have a share in my father' business—my father has the stock—I have no salary—I do not pay for any part of the stock.
COURT. Q. But are you a partner with your father? A. Yes—I have a share in the profits.
NOT GUILTY .
Before Mr. Baron Gurney.
MR. ADOLPHUS conducted the Prosecution.
ALFRED HUGHES (police-constable D 174.) On the morning of the 29th of Dec. I was in Park-place, Paddington, and saw the prisoners there together—Seymour came up to me and asked if I would call him at four o'clock in the morning at his boat, which was close by in the canal—Barnes passed me at the same time, and I saw that he had something bulky under his frock—I said to Seymour, "What has he got there?"—he said, "Only some chain"—I followed Barnes—he turned round, and quickened his pace, and jumped on a low wall by the side of the canal—I ran after him, caught hold of him, and the chain dropped on the canal side, between that and the wall—I said, "Where did you get that chain from?"—he said, "What chain? I have got no chain"—I pulled him off the wall—he struck me two or three times—Seymour then came behind me, pulled the skirts of my coat, pulled me away, and they both escaped—I sprang my rattle—sergeant Walker came up—I described the prisoners to him, and he apprehended Barnes—about seven in the morning I went down to the wharf, and saw Seymour on a boat in Paddington-basin—I told him I should take him for being in company last night with a man who had some chain—he said he had been in bed all night, I must be mistaken, he was not the man—I took him.
Cross-examined by MR. PAYNE. Q. Are you sure he is the man? A. Quite—I had seen them both previously—it was five minutes after three when he asked me to call him at four—I took him about a quarter to seven in Paddington basin, on a boat which was next to Fantham's, the owner of the chain—after they escaped I got the chain and took it to the station—there was ten yards of it.
JOSEPH WALKER (police-sergeant E 5.) On the morning of the 29th of Dec., I heard a rattle sprung when I was near Park-place—I went to the top of Park-place, and met Hughes—in consequence of what he said, I went to North-wharf Road, Paddington to look for the prisoners, who I had met together in company in North-wharf-road, at half-past one, about 200 yards from where the chain was taken—I am sure they are the men—Barnes was in a very thick flannel frock at that time—I apprehended him about twenty minutes past six, in the same frock, in North Wharf-road—I said, "I want you for that chain you had in your possession this morning"—he said, "What chain? I know nothing of any chain"—I said, "At the top of Park-place, you made your escape from one of our men"—he said, "Not me, let me go," but I said, "No, I shall not, where did you sleep to-night?"—he said, "I slept at the wharf"—I said, "I met you at half-past one, in company with a short young man"—he said nothing to that—I took him to the station—I had gone with Hughes, and found the chain about five minutes after three o'clock.
HENRY FANTHAM . I am a boatman, and live at Wendover, in Bucks. I had a boat lying in Paddington canal basin on the 28th of Dec., and had a chain about ten yards long on board, and another on another boat—one was made fast, and the other loose—Seymour came to me before daylight on the morning of the 29th, and said, had not I a chain—I said, for anything I knew I had, on the forward part of the boat—I said I did not want it, if he liked to have it he should have it for 10s., which was the value—I sold him that one for 10s.—I did not deliver it to him—I told him it was there, and he might take it—he paid me the 10s.—I afterwards found the other chain down at the station produced by a policeman—that was not the chain I meant to sell for 10s.—I do not know how it got out of my possession—I was in the cabin getting np when Seymour came to me—I did not go out to look after it—I was not dressed—the chain was on the forward part of the boat, towards the head—I told him it was there.
COURT. Q. Was this as early as six o'clock? A. I think it was—the policeman came between seven and eight, and asked if I had lost a chain—I told him I had sold one that morning to a young man—I did not miss any other chain—the other two were fas—this was hanging loose—whether my chain was in the boat at the time Seymour came to me I did not see—if it was taken away before three o'clock in the morning I did not know it—I had gone to bed about eleven o'clock—I did not see Seymour till six o'clock in the morning, and did not see or hear him take any chain away—I made no bargain with Barnes about any chain.
Cross-examined. Q. Will you swear it was not several hours before six o'clock that you saw Seymour? A. I cannot positively say to a nicety what time it was—I heard no clock strike.
MR. ADOLPHUS Q. Had you been in bed so short a time as three or four hours when you saw him, or was it longer? A. I cannot positively say—I should not think it was so early as three o'clock.
HENRY FRANKLIN . I live at Boxmoor. I had a boat in the basin that morning, and saw Seymour bargaining with Fantham for the chain—it was some time between five and six o'clock—I think it was ratter later than five—I saw him give Fantham 10s. for the chain—he then came out along our boat to go and get a man to go with him to Mile-end wharf to load ashes and as he came out of there the policeman took him directly—it was no then that he took the chain away.
Cross-examined. Q. Can you be certain it was after five o'clock or not? A. Not to be certain—I cannot tell how early it was.
COURT. Q. How soon after did the policeman take him? A. I should think two hours.
(Barnes received a good character.)
BARNES— GUILTY . Aged 22.
SEYMOUR— GUILTY . Aged 18.
Confined Six Months.
Before Mr. Justice Wightman.
446. JOHN COLLINS was indicted for stealing, on the 3rd of Jan., 1 bridle, value 10s.; 1 collar, 5s.; 1 pair of hames, 3s.; 1 pair of traces, 5s.; 1 saddle, 1l.; 1 back band, 3s.; 2 tugs, 2s.; 1 cropper, 2s. 6d.; 1 breeching, 5s.; and 1 head-piece, 2s.; the goods of Christopher Russell Brett.
CHRISTOPHER RURSSELL BRETT . I am a dealer in glass, and live in Farringdon-street. I have a stable, the door of which I found broken open on Tuesday morning last, and a set of harness stolen—it was safe on Monday night.
About six o'clock on Tuesday morning I was going up Wheatsheaf-yard, Farringdon-street, and saw the prisoner in company with another—the prisoner stood with an empty bag across his shoulder between Mr. Brett's stable and the ham-shop stable—I went for the keys of master's stable in the same yard—I came back in five minutes, and met the prisoner and the other man with something in the bag—I followed him to Dean-street, saw a policeman, told him, and he followed him—as soon as the prisoner saw the policeman after him, he ran, and very near the top of a court he dropped the bag, and ran up Greystock-place, and the policeman after him—I saw him in custody in about two minutes—he is the man I saw with the bag.
JOHN ARMSTRONG . I am a City police-constable. On Tuesday morning I saw Callaghan in Dean-street—he told me something—I pursued the prisoner, who had a bag—when I got near him he dropped it, and ran away—I took it up, and followed him through Greystock-place, where he threw off his shoes—I pursued till I lost sight of him by turning a corner—he was brought back by a brother officer without his shoes—he is the same man—the bag contained this harness.
JOHN JEFFREY . I am a policeman. I saw the prisoner running up Castle-street without his shoes—I stopped him, and asked where his shoes were—he said he had left them in the court—I brought him back to Armstrong.
MR. BRETT re-examined. This is my harness—it is worth 3l.
GUILTY . Aged 17.— Confined Nine Months. First Jury, before Mr. Recorder.
MR. DOANE conducted the Prosecution. JAMES RICHARDSON. I am shopman to Nicholas Challacombe and another, linendrapers, at Knightsbridge. On the 8th of October the prisoner came to the shop, and said Mrs. Beecher had sent her for a table-cover—I knew she had been employed by Mrs. Beecher previously as working uphol-steress, by the day—I showed her a table-cover—she selected two, and took them with her for Mrs. Beecher to select which of the two she preferred—I believed her still to be in Mrs. Beecher's employ—no specific time was named for one to be returned—the prisoner came again about a week or ten days after, and I asked her if the table-covers were approved of—she said yes, Mrs. Beecher had kept one for her house at Brighton, and one for her house at Cadogan-place.
COURT. Q. You would have been content with that arrangement if it had been true? A. Certainly—I believed that she came from Mrs. Beecher, and parted with them on that story.
NOT GUILTY .
MR. DOANE Conducted the Prosecution.
SAMUEL MAYOSS . I am in the service of Joseph Harvey, a draper, in Westminster bridge-road, Lambeth. On the 14th of Dec, the prisoner came to the shop with a small piece of paper in her hand, which she took away with her—it has not been found—she said she wished to have some furniture shown to Miss Hyam over the way—it was in consequence of the paper that I handed her the goods.
NOT GUILTY .
449. ANN DAVIS was again indicted for feloniously and knowingly uttering, on the 15th of Dec., a forged request for the deliver of 16 yards of linen tick, with intent to defraud William Routledge and another.
MR. DOANE conducted the Prosecution. WILLIAM ROUTLEDGE. I am a draper, and live in Bridge-road, Lambeth. I have a partner—on the 15th of Dec, the prisoner came to our shop with a small paper which I have not got—I am not positive whether she took it away or not—it was never in my possession—I saw it on the counter—it was more in consequence of what she said that I parted with the goods—I can swear to what words were on it—I did not see her take it away—I have never found it.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
ANGELO SEDLELY . I am shopman to Nicholas Challacombe and another, of Knightsbridge. On the 6th of Oct., the prisoner came to the shop, and said she had come from Mrs. Beecher, of No. 55, Cadogan-place, to get for Mrs. Beecher 29 yards of calico—I gave it to her, believing that she came from Mrs. Beecher—it came to 8s. or 9s.—on the 13th of Oct., she came again and said, she had come from Mrs. Beecher to get for her two damask table cloths—I believed her, and let her have two worth 17s.
JAMES RICHARDSON . I am shopman to the prosecutors. On the 17th of Oct., the prisoner came, and said she came from Mrs. Beecher for two pairs of the best sheets, which were to be placed to Mrs. Beecher's account—I let her have them, believing her story—they were worth six guineas—Mrs. Beecher is a customer of ours, and I knew her in Mrs. Beecher's service.
MRS. CATHERINE BEECHER . I am the wife of Robert Beecher, and lived at No. 55, Cadogan-place. I left there last Sept.—I do not think the prisoner knew my husband's name was Robert—she knew I was married, and that I dealt with Challacombe and Co.—I had employed her occasionally as an upholsteress—the last time was about nineteen months or two years ago—she was not in my employ on the 6th of Oct. in any way, and did not send her to Messrs. Challacombe's for any calico, nor on the 13th of Oct., for two damask table-cloths—nor for 28 yards of linen for sheets, on the 17th of Oct.—she did not go by my authority at any time—she knew that I was a customer of Challacombe's, as I had sent her for some trifling things when she was in my employ.
JAMES RADCLIFF CHESTER . I am shopman to Mr. Perkins, a pawnbro-ker, in King's-road, Chelsea. I have twenty-eight yards of linen, pawned on the 17th of Oct. in the name of Mary Davis for 14s.—I cannot say who by—should have lent more if it had been asked.
GUILTY .* Aged 21.— Transported for Seven Years—Penitentiary.
OLD COURT.—Friday, January 6th, 1843.
GUILTY .—Aged 43.— Confined Twelve Months—Penitentiary.
GUILTY . Aged 17.— Confined Six Months.
Before Mr. Baron Gurney.
MR. PAYNE conducted the Prosecution. CATHERINE SINGLETON. I am single, and live at No. 54, Rosemary-lane. I left home about eight o'clock on Christmas-day, and went to the prisoner's house—he is married to my sister—I had not seen him on that day before—he lives in Whitecross-street—a man named Regan had a christening on that day—I had known the deceased, Thomas Leary, about three years—the prisoner is a master shoemaker, and Leary was a journeyman to the prisoner—he lived in the same house with the prisoner—I never knew of any serious quarrel between them, no more than when they were tipsy, they would have a few words—when I got to the house the prisoner and his wife were not at home—I sent for the wife, and she came shortly—the last time she came, she came with a gin-bottle in her hand.
COURT. Q. Did you go to the christening? A. No—the prisoner and his wife did.
MR. PAYNE. Q. When did the wife come in to remain at home? A. She was in and out several times—she came in the last time about a quarter past ten o'clock—she came in at the front door—the prisoner was at home when she came in—Leary came in after her—the prisoner, his wife, myself, and Mrs. Cotter, an old woman, who was up stairs making the bed, were in the house at a quarter past ten—before that I had been to the Green Man and Still with Leary and Mrs. Megan, and had a quartern of gin—the deceased drank some of it, and I and the deceased, and Mrs. Megan then went back to the house together—the prisoner came in about ten o'clock—when he came in he asked me where Ellen was, and where the men were, and among others, he mentioned Tom—he did not appear to be sober—I told him the men were out, and I thought his wife went for rum to take to the christening-the prisoner at that time stood in front of the counter in the shop—after I told him Mrs. Megan was gone for some rum, he suddenly walked out—he came in again in a few minutes—Mrs. Megan and the deceased had not come in then—when the prisoner came in he opened the door, and told me to turn out—I asked him what I bad done—he made no answer, but told me to turn out—I said I would as soon as I got my frock off the bed in the back room—I got the frock, and asked him what I had done—he made no answer—Mrs. Megan came to the door at that time, alone, with the rum-bottle under her shawl—the prisoner at that time was inside the counter—the deceased was not there then—the prisoner told his wife that he and her would part to-morrow, and he threw his shoes and other things at her—the deceased came in in a few minutes, and the prisoner told him he should not sleep another night in his house—the deceased then d----d and b----t—d him, and threw his shoes and other things at him—they were throwing shoes—the deceased threw first—they were throwing at each other, and scuffling at the end of the counter, one inside the counter, and the other out—Mrs. Megan was at the door at the
time, and I was keeping her out to keep her from the quarrel, for fear of her husband—I cannot rightly say whether there was anything on the counter at the time—I did not observe anything at that time, for my back was turned—I stood facing the wife, keeping her out—the two men were quarrelling at the end of the counter—I did not notice them much, having no notion of anything—I heard the prisoner say to Leary, "Take that"—I turned about shortly after, and saw the deceased standing with his hands to his side—he looked very pale to me—I ran out into the street, called, "Jerry, Jerry," and ran towards Mrs. Parry, and Rice was the first I met—I saw no more before the row commenced, I saw a knife lying on the end of the counter—it was a shoemaker's knife.
Cross-examined by MR. CLARKSON. Q. I believe you yourself have been in confinement on this charge? A. Yes—I have been a week at Clerken-well—I was under charge before the Magistrate—the deceased and my sister went in and out several times after the rum affair commenced.
Q. Did it appear that he was displeased about something between Leary and his wife? A. By the words he used it seemed that he was—when Leary returned again, he abused him and scuffled with him; and threw shoes and lasts at him, and things that were on the counter.
JOHN RICE . I am a shoemaker, and live in Whitecross-street. I knew the prisoner and Thomas Leary—he worked for the prisoner, and so did I—on Christmas-day I heard Singleton call, "Jerry, Jerry"—knowing her voice I ran out, and asked what was the matter—she told me to go round and look—I went into the street, and went afterwards to the prisoner's house—the gas was lighted—I saw Mrs. Cotter there, and saw the deceased lying on the floor, behind the counter, at the end of the counter, at the back part, on his back—I observed a wound on his right breast—I asked him who did it—he returned me no answer—he put his hand out, and said I was a man that he respected, and those were the last words he should speak to me, for he was dying—I asked him who did it—he shook his head, but gave no answer—he was gone too far—I ran and fetched a doctor, who followed close behind me—Leary was living when I returned—I suppose he lived about half an hour—(looking at a knife produced by Beaumont)—this knife belongs to the prisoner—I did not tee it at that time—it was used in the workshop.
PHŒBE PARRY . I am the wife of John Parry, and live in Playhouse-yard, Whitecross-street. On Christmas-day, soon after ten o'clock at night, I heard a female come down the yard and halloo "Jerry Regan" several times—I went out to the prisoner's house, and saw Thomas Leary standing at the end of the counter—I asked what was the matter—he said he was killed, and with that he fell down—I did not notice his body at all—I saw some blood on his shirt—I was just coming out when Rice came in—I then turned back, and I went out to get another doctor—I brought two policemen in with me.
WILLIAM RICHARD BLAND . I am a tobacconist, and live in Whitecross-street. I remember the night of Christmas-day—about half-past ten o'clock I was in my own shop, which is opposite Megan's—I could see from where I was standing anything which happened in his shop—I heard a noise, a sort of push, and saw Megan, his wife, and another female come out from the shop in a hurry and fright—Megan went towards St. Luke's church in a hurried manner—I could not see far, being inside my shop—the women went the contrary way—I afterwards saw Rice go into the house—I went in myself, and found the deceased—he appeared to be in a drunken state—he was quite still, motionless, and pale.
am a member of the College of Surgeons—about half-past ten o'clock on Christmas-night, I was fetched by somebody to the prisoner's house—I observed a man lying on his back behind the counter, with his head resting on a kind of step—on uncovering his breast, I found a wound bleeding—I stopped the bleeding, and gave him some brandy—he exhibited no sign of life, except breathing—there was no pulsation at the breast or heart—after remaining half an hour he gradually expired—the bleeding from the wound was the cause of death—it appeared to be a wound by a stab—a knife of this description would have made it—I made a post mortem examination—the instrument had penetrated about six inches—it had penetrated across the chest from the right breast to the left—it was a mortal wound—it had also opened the right side of the heart—while he was lying in the shop I picked up a knife covered with blood—I found it lying on the floor near his right knee—I gave it to a policeman—this is the knife.
THOMAS ELLIS (police-sergeant G 7.) About half-past two o'clock on Monday morning, the 26th of Dec., I was at the Featherstone-street station—the prisoner came to me there, and asked for the inspector—the constable said, "Sergeant Ellis, this is Michael Megan"—I said, "Bring him in"—he came into my room, and said he had come to give himself up—I asked for what—he said he understood the police were after him—I cautioned him not to say any thing to criminate himself, as it might be given in evidence against him—I told him the police were after him on a very serious charge—he said he had heard Thomas Leary was dead—I examined him, but did not observe any particular marks on him.
WALTER HENRY BROWN . I am a policeman. I live in Ironmonger-row, St. Luke's—I was standing against the dock of the police-court on the 26th of Dec., about eleven o'clock, and saw the prisoner there sitting just before me—I was leaning over his left shoulder—I knew him well, as I am on the beat which his house is in—he asked me if I bad been to his house that morning—I said, "Yes, I was there at six o'clock"—he said, "This is a sad occurrence"—I said, "It is"—he said, "I don't remember doing it, I ran up against him, and went out and had two glasses; I then heard my wife was in custody"—he asked if the body lay at the house—I said, "Yes"—he asked how long it would lie there—I said, "Until after the Coroner's inquest."
EDWARD WALLIS (police-constable G 218.) On Monday, the 26th of Dec., I took the prisoner from the station in Featherstone-street to the police-court—I got to the police-court about half-past ten o'clock, or it might be later—I had no other prisoner in my custody at the time—I said nothing to induce him to say any thing—I did not say it would be better or worse for him if he did not—as we were going along he said, "Oh the liquor, oh the liquor, it was the liquor that caused me to be here; the man that is dead, the man that is stabbed, him and me were lushing Saturday night and Sunday; we were both at a christening on Sunday; when we left we went to the Green Man in Whitecross-street, and had a good deal of rum; we drank it neat; we went home; we had a few words, but I don't remember having a great many words, and that is how it was done; and what I have done I am sorry for, but it is too late to call it back now, and I must abide by the consequences"—I took him to the police-court, and he stood at the back of the bar with his elbow leaning on the bar—I bad not then said any thing to induce him to say any thing—he said there, "Oh the liquor, oh the liquor, it is the liquor that caused me to be here; the man that
is dead, the man that is stabbed; him and me were drinking Saturday night and Sunday; we were both at a christening on Sunday; when we left the christening we went to the Green Man, Whitecross-street, and had a good deal of rum; we drank it neat; we went home; we had a few words, and that was how it was done; and what I have done I am sorry for, but it is too late to call it back now, and I must abide by the consequences; oh, the liquor, oh, the liquor"—he was then taken from my custody, and put into the cell.
Cross-examined. Q. Was there a man named Booker afterwards called to confirm your statement of the confession? A. I do not know the man's name—there was a man—he had been a policeman, I believe.
Q. Did the Magistrate commit him for perjury? A. I believe he was to find bail or go to the House of Correction—this disclosure was first made to me as I was taking the prisoner down the street on Monday, the 26th—I said nothing about it before the Magistrate until the Monday following—sergeant Ellis walked close by the prisoner's left side at the time, almost close to his elbow, but I had hold of him—he was not so close as I was—he was almost close to his left elbow—I was not aware that he did not hear the statement, but he says not—before I made the statement to the Magistrate I asked a brother constable whether the case was a strong one against the prisoner—it was the Wednesday following—I asked the constable if he thought there was enough to hang him, but I cannot remember which of my brother constables it was I asked—I did not tell that constable that any confession had been made to me—I told my superintendent on the Wednesday following that a confession had been made to me—that was after I asked the policeman if he thought there was enough to hang the prisoner.
MR. PAYANE. Q. Did you on the same day mention to any body that you had the conversation with the prisoner? A. I mentioned it to Sergeant Bean, about two o'clock on Monday, the day I heard it.
(It appeared by the depositions, that this witness was not examined until the Monday, and that he did then make the statement alluded to.)
Cross-examined. Q. Did he make the communication to you voluntarily, or did you put a question to him? A. I asked where he had been—he said, "To Worship-street police-court with Ellis and the man charged with murder"—I said, "Did he say anything?"—he said he said it was through drink he did it, and he could remember part of the transaction, but not the whole—(that is, the prisoner said so)—I asked him if he was a witness—he said no—I said, "Why not?"—he said Sergeant Ellis was walking by the side of him, and he heard the same as he heard himself.
GUILTY of Manslaughter only. Aged 27.— Confined Eighteen Months.
Before Mr. Justice Wightman.
455. WILLIAM BRADY was indicted for feloniously forging and uttering, on the 5th of Dec., a warrant for the payment of 18l. 10s., with intent to defraud Edward Majoribank and others.—2 other Counts, stating his intent to be to defraud Jacob James Hart.
MESSERS. BODKIN and DOANE conducted the Prosecution.
CHARLES BOLTON . I am cashier in the banking-house of Messrs. Coutts and Co.—Edward Majoribanks is one of the partners—there are several—Mr. Hart has an account at our house—on the 5th of Dec., a cheque for 18l. 10s. 6d., pur-porting to be drawn by him, was presented—I cannot say by whom—this now produced is it—I paid it myself in three 5l. notes, Nos. 88024, 88025, and
88026, dated the 1st of Nov. 1842, and 3l. 10s. 6d. cash—this other cheque for 3l. 7s. 6d. I paid on the 7th of Dec.
Cross-examined by MR. PRENDERGAST. Q. You have no recollection of the prisoner? A. None whatever—it is possible if I saw the man I might remember him—I have no impression that it was the prisoner.
JACOB JAMES HART . I live in Pall Mall East, and did so in Dec. last, in the house of two ladies named Proctor—I keep an account at Messrs. Coutts'—the prisoner was servant in the house I live in for about two months before this happened—he waited on me occasionally—I was generally in, the habit of paying for my lodging and other little things, by cheques on Coutts—I have on several occasions given the prisoner cheques for Miss Proctor—I gave him the cheque produced for 3l. 7s. 6d., dated the 3rd of Dec., on the 5th of Dec., about breakfast time—I kept my blank cheque-book in a paper box, with a patent Bramah lock to it, on my sideboard, in my sitting-room—I always locked it when I went out, and took the key with me—when I was in the house the key was usually in the box—I have since examined my chequebook, and miss one or two cheques—the cheque for 18l. 10s. 6d. produced is not my handwriting, nor was it written by my authority or knowledge.
Cross-examined. Q. Do not you remember that on the 5th of Dec. the prisoner was the servant who attended you? A. Yes—I do not know that the other servants had left the house during that day—I know nothing about it—Miss Proctor, who keeps the house, I believe was not in the house, and I desired him to give the cheque to her sister—I am not aware that some work which the female servants used to do for me was done by the prisoner that day—I have not any recollection of it whatever—I am quite certain this cheque for 18l. 10s. 6d. is not my handwriting—it is dated the 3rd of Dec., and so is my cheque which I gave him, but I gave it him on the 5th—I wrote it on Saturday evening, and gave it him on Monday morning—I believe Miss Proctor had been absent from home some time—I never saw another male servant about the house—one or two cheques have been abstracted from the centre of my cheque-book—the cheque-book was not shown to my bankers before I misled them—it was not out of my hands before I missed them—I kept it in my paper box in my sitting-room—the servants had not access to the room to clean while I was in the house—I scarcely ever saw a servant in my room, except the prisoner—when I went out, I did not lock the room-door, I locked ray box, but when I was at home my keys were generally in it—I left them in my box till I was going out.
MARY ANN PROCTOR . I keep the house in Pall Mall East. The prisoner came into my service on the 17th of October last—he was in the habit of making out memorandums of disbursements on my account—he made out small bills and things—I never saw him write—I have settled with him on the accounts he has presented to me—I have had memorandums made out by him, which I have acted on—I have looked at this cheque for 18l. 10s. 6d.—it is not like Mr. Hart's writing—the figures and the letters are certainly very much like the prisoner's, but I never saw the prisoner write—I should think it is very like the prisoner's handwriting—I believe under the circumstances that it is the prisoner's writing.
COURT. Q. Supposing you had seen that paper, independent of any charge of forgery, or anything, whose handwriting should you believe it to be? A. If there was no charge against the man, I could not dream whose it could be.
MR. BODKIN. Q. If it was shown to you, and you were asked whose handwriting it was, without reference to any charge, whose should you believe it to be, from the character of the handwriting? A. The prisoner's, independent
of the circumstances—I never received this cheque for 3l. 6d. from the prisoner, nor the money for it—he left my service on the 17th or 18th of Dec.—I had not dismissed him—I had given him warning—his warning would have expired the week after he left, but he had agreed to remain—he did not tell me he was going to leave—two month's wages were due to him—he did not apply to me for them—no inquiry was made at my house from the bankers the day before he went away.
Cross-examined. Q. Was there not a person at times in the habit of coming there? A. Not to my knowledge—I had been away from home about a month—the housemaid has to clean Mr. Hart's room—I cannot tell who was at home on the 5th of Dec.—my sister came to me that day—I should imagine that the other servants were not out that day, but I do not know—if this cheque was put into my hand by any one unconnected with this case, I could not tell whose handwriting I believed it to be.
COURT. Q. Then, independent of the transaction, you have no belief whose handwriting it is? A. Before this transaction I never noticed the man's writing sufficiently; but after this, the papers I have found in his handwriting were so much like it, I said immediately it was his—by the examination of those papers I could form a knowledge of his handwriting—I should now say, without reference to the present charge, that this cheque is his writing.
MR. PRENDERGAST. Q. The knowledge or belief you have of his writing its belief you had not at all when this matter first attracted your attention? A. I never thought of his handwriting before—before this transaction took place I had no belief at all as to what the prisoner's handwriting might be—the cheque was first put into my hand on the Sunday morning—when I saw it I thought it looked very like the prisoner's handwriting, and on comparing it with some bills I had of his, I was confirmed—my belief is founded on the comparison which I made, and on that only.
COURT. Q. Have you the documents here? A. I believe so—they are two small bills—they were both given to the police inspector.
MR. PRENDERGAST. Q. Your belief is founded on comparing this with these two documents, which the prisoner produced to you, but which you did not see him write? A. Yes.
MR. BODKIN. Q. Are these the papers of which you have been speaking? (producing two papers.) A. Yes—these are not the only two occasions on which I have settled accounts with him—I have done so several times, but the others are destroyed—when the cheque was first put into my hand I believed it was the prisoner's handwriting—the belief I entertained of the handwriting was founded on the settlements I had with him with the written papers—I afterwards looked for the papers, and found these two.
JURY. Q. Do you know Mr. Hart's writing? A. Yes, very well—I have never had a letter from him, but I have repeatedly seen him write cheques—if this cheque had been shown to me by a stranger I should certainly have said it was not Mr. Hart's.
ELLEN PROCTOR . I am sister of last witness, and reside with her. I was at home on the 5th of Dec., in the early part of the morning, but I went out to spend the day—the prisoner did not on that day give me this cheque, or account to me for the produce of it—he gave me 3l. 7s. 6d., the amount of it on the 6th, on account of Mr. Hart—the amount of Mr. Hart's bill that week was 3l. 8s. 6d.—I remember the policeman coming to our house—I was ill in bed—I saw Haines on the Sunday morning before Christmasday—the prisoner slept in a room adjoining the kitchen on the basement—it would be his duty to receive letters, if any came, for Mr. Hart—he gave me no notice of his
intention to leave the morning he left—he left on Saturday, the 17th Dec., the day before the police came.
Cross-examined. Q. I believe you know the cause of his leaving; there was something with some female, was there not? A. Not that I know—I went out between eleven and twelve o'clock, and was out the whole day.
JOHN HAINES . I am an inspector of the A division of police. On Sunday, the 18th of Dec., in consequence of information I went to the house of Miss Proctor, and was shown into a room on the basement, next the kitchen, said to be the prisoner's room—I there found these two books—I produced these books before the prisoner at the station on Friday the 27th, and he said this with the yellow cover was his book, and the other was not his, but he was going to have some fresh leaves put into it—I saw the prisoner write this note—having seen him write this note, I can form a belief as to the handwriting of this 18l. cheque—I believe the cheque to be the prisoner's handwriting—there are several of the letters very remarkable as well as the figures—I have likewise a letter sent to his wife, which he acknowledged to be his handwriting—I got it from his wife—he told me he had written to her—I showed it to him, and said, "Is this the letter you wrote?"—he said "Yes"—I said, "Is this your handwriting?"—he said, "Yes"—I have compared that and the cheque together, and have not the least doubt whatever that the cheque is his writing.
Cross-examined. Q. Did not he tell you that one of the books had been given to him? A. No—he did not say the housemaid had given one to him—he said this book was not his, but he was going to have fresh leaves pot into it—he did not say it was given to him to have fresh leaves put into it—I am pretty positive that I have used his words—I am sure he did not say that anything was given to him by the housemaid, or by the cook—he did not say a word about the cook.
FREDERICK SHAW . I am a sergeant of the A division of police. I had a communication made to me about this forgery in Dec. last, and looked for the prisoner—I apprehended him on Thursday, the 22nd of Dec.—I met him in the street, and stopped him from the description I had of him—I asked him if his name was William Brady—he said, "No, that is not my name"—I took him by the arm, and told him I should trouble him to walk with me—after walking a few yards with him, I asked his name—he then said, "My name is William Brady"—I took him at the corner of the Haymarket.
JOHN BOOKER . I am shopman to Mr. Newton, a pawnbroker, in Duke-street, Manchester-square. I know the prisoner—he pledged a coat and waistcoat with me—I do not remember the transaction, but the duplicate is dated, 17th of Oct., 1842—that must have been the day—I remember his coming to redeem it—to the best of my belief it was on the 5th of Dec.—I cannot remember the time of day—it was pledged in the name of John Brady, No. 12, Bryanston-square—he paid 10s. 4d. to redeem it—he gave me a 5l. Bank of England note—this is it—I wrote his name on it—he gave me his address, No. 29, Tavistock-square—I made a memorandum on the note of the date—it is the 5th of Dec.—I have written 5th—12—42 on it—it is No. 88, 026, dated 1st of Nov., 1842.
Cross-examined. Q. Are you sure the prisoner is the party? A. Quite sure—the things were pawned in the name of John Brady, on the 17th of Oct.—on the 5th of Dec., I asked his name—he said "Mr. Brady"—I had seen him I should say a dozen times—I knew his name, but it occasionally happens that people do not pledge in their own names, and when we take notes we wish to have the proper names and address.
MR. HART re-examined. I found a letter from Messrs. Coutts on my
breakfast table, on the 17th, the morning the prisoner left—he had left before it was brought into my room.
----PERRING. I live at No. 29, Tavistock-square. I never saw the prisoner before—he did not live in my house in Dec. last.
(The cheques being read were both made payable to Miss Proctor.)
GUILTY . Aged 27.— Transported for Fourteen Years.
Before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution.
MART ANN SNOWLEY . I am the wife of Thomas Snowley, who keeps the King and Queen public-house, in Hare-street, Bethnal-green. There is a bar in the house, and at the back of it is what we call a company parlour—there is a cupboard in the bar, the back of which forms a partition of the company parlour—it is also lined with sheet iron—we are in the habit of keeping our cash there in a cash-box—on Thursday, the 22nd of Dec., I was in the bar, and while there all the prisoners came in together, and appeared to be companions—they merely ordered what they wanted—they did not speak as they passed through—they went into the company parlour—that was the first time I saw them—before they went into the parlour they ordered a pot of half-and-half, and remained there nearly an hour—I did not see them go away—next day, about a quarter after ten o'clock in the morning, they came again, and ordered a pot of half-and-half, and went into the company parlour—it was very unusual to have any body in that parlour so early, and there was nobody but them there that morning—they remained there about two hours and a half, and then we heard, apparently, a scratching in the cupboard—I and my sister were sitting together in the bar—we thought at first it was a cat—we looked more than once, but found no cat—we heard the same noise the second time, and again looked for the cat, and felt for her, but there was no cat—after that we heard a crash of wood splitting—my sister opened the cupboard, and I took out the cash-box, and I saw a light through the back of the cupboard—if it had been as usual no light would have been observable—I took the cash-box away, and put it on the sofa—I then saw the prisoner Jones hurrying out of the parlour to the front of the bar—he brought a pipe, and asked me to fill it—he looked towards the cupboard— after I had filled his pipe he went back into the parlour—I communicated to my husband what I had heard—when Jones looked towards the cupboard it was shut—I had shut it after taking out the cash-box—Jones had frequently been to the bar before, and had asked for change for half-a-sovereign, which I took out of the cash-box in the cupboard, and put the half-sovereign into the cash-box—he saw me put it into the cupboard.
Cross-examined by MR. PAYNE. Q. When a person is standing in front of the bar, can they avoid seeing the cupboard? A. Not very well, if the bar-door is open, which it was—I went into the company parlour very soon after I heard the scratching and saw the light—I should say in six or seven minutes after—in the position Jones was he could see me go to the cash-box and take the silver bag and the gold bag out.
Q. What persons were in the house at this time? A. An old gentleman, standing in front of the bar, the servant in the kitchen, and a man lodger whom I have known six months—he is lodge-man at the workhuose—there are two staircases in the house—there were people in the tap-room, but that is quite away from the company parlour.
Cross-examined by MR. CARTEEN. Q. What is the thickness of the wainscot?
A. I cannot recollect—I think it is not an inch—it is the ordinary average of a wooden partition—I suppose the iron is the ordinary size—I do not know whether the iron is all round—the cupboard is lined with sheet-iron—I never examined it particularly—I know it goes all over the back—I never heard a noise in the wainscot before similar to that.
MR. BALLANTINE. Q. Was the iron sheeting apparent to anybody in the company parlour? A. No, it is merely wooden wainscot there.
COURT. Q. Was there anybody besides the three prisoners in the company parlour at the time you heard the noise? A. No—I had not seen anybody go in or out that morning—I must have seen if they had—Jones did not ring the bell when he wanted his pipe filled, but came out to have it filled.
EMMA SUSANNAH FORD . I am the sister of last witness. On Wednesday morning, the 21st of Dec, James came to the house, called for a glass of ale, and gave me a sovereign in payment—he was going into the parlour, but finding the shutters shut he went into the tap-room—I went up stairs for the change, and gave it him in the tap-room—the ale came to 2d.—next morning (Thursday) I saw Jones and James—they went into the company parlour, and called for a pot of half-and-half, which I sent to them—there was nobody else in the parlour—I was in the bar, and saw the prisoners frequently—the half-and-half was paid for on delivery, but I did not take it in—the servant took the money for it—the cash-box was in the cupboard—I went to that cupboard that day, while the prisoners were there, to change a sovereign—I cannot say to a certainty who brought the sovereign, but it was one of the prisoners—I am quite sure it was one of them, either Jones or James, I do not know which—I opened the cash-box, and took the change out—that cupboard could be seen by the person where he stood—he could see me take the cash-box from there—he went back into the parlour again—next day (Friday) I was in the bar when the three prisoners came in, about a quarter after ten o'clock in the morning—they went into the parlour, and as they passed the bar one of them called out for a pot of half-and-half—I served them—I took it into the room—there was nobody in the room except the three prisoners—I went back to the bar—my sister was there, and as we sat there I heard a noise, which sounded like a cat in the cupboard, a scratching in the cupboard where the cash-box was kept—I looked in the cupboard—I heard the noise again, and looked again, and felt, but the cat was not there—I shut the cupboard, and after that heard a noise again like a crash of wood—I thought the prisoners were breaking into the cupboard for the cash-box—it was like that—my sister opened the cupboard in my presence—I opened the cupboard, and could see a light coming through where the wood and iron-work was—Jones directly presented himself at the bar, and called for his pipe to be filled—it was filled, and he went back again into the parlour—my brother-in-law came down, and the police were sent for directly—before the policeman came, the parlour bell rang—I answered it—they wanted to know what their reckoning was for their lunch—I told them, and they paid me—when I went into the room they were all three sitting together, close to this cupboard—one had his back to it, and the back of one was to the door, and another to the cupboard—they sat very near each other—I could not observe the crack in the cupboard as they sat, it was so dark—it was not a foggy day but the room was very dark—it was about one o'clock—one of the prisoners was between me and the cupboard—they had rung the bell more than once—I cannot say how many times—I do not think more than twice—I went into the room on one occasion particularly on the bell being rung—on another occasion I went when the bell was not rung, and Jones came up quickly
to the door, and called for a pipe of tobacco, and I did not go in—that only happened once—on one occasion, while they were there, I went into the kitchen, which is opposite the parlour, and as I went I found Jones in the passage—he obstructed me in the passage by standing right in front of me—he did not say any thing, but stood and stopped me from passing—we both stood there for a moment, then he moved and went into the parlour—he did not give me any order—I went into the kitchen—it was before I got to the kitchen door—he was between me and the kitchen door—I was coming from the bar, which is between the kitchen and parlour doors.
Cross-examined by MR. PAYNE. Q. When you go in at the door of the house where is the bar? A. You turn to the left—you go straight past the bar to get to the parlour, keeping to the left—the company parlour is about two yards from the bar I should think—the kitchen is on the right of the passage, and the company parlour on the left—the cupboard is in the bar—the company parlour is beyond the bar, and more to the left along the passage—there is no bar-parlour besides the bar—the company parlour is a large room with a table in the middle—persons are not obliged to sit near together in the parlour—the table takes up the principal part of the room—the parlour is about three times as large as the bar—it is a very large room—there is room for persons to sit between the door and the wainscot against the cupboard, but not without being in the way—they would be rather squeezed up—the door opens towards that part of the wainscot where the cupboard is—that would prevent people sitting against that part, but one of them sat close to it, where the place was cut—there is a projection—the cupboard is about a yard square—there is iron plating over the whole of the back—I could see a light through the cracks.
Cross-examined by MR. CARTEEN. Q. I believe while the three were in the room the bell rang two or three times? A. Yes, and I went into the room—I had not to pass through the parlour when I went to the kitchen—it was then that Jones came and asked for a pipe of tobacco—it was not in answer to the bell ringing that he asked for the pipe—as I was passing from the bar to the kitchen Jones opened the door, and asked for a pipe of tobacco.
Q. You said before that he came and asked to have his pipe filled? A. Not in that part—when I met him I was going out of the bar to the kitchen, and then he asked for a pipe of tobacco—I went twice towards the kitchen—it was the first time that he asked for the pipe of tobacco—the second time I was going to the kitchen, I met him in the passage just before I came to the kitchen—the passage is about a yard wide where I met him—there is not much more room than for one person to pass at a time—two persons meeting there would not exactly be an obstruction—there is more room than one person would take in passing—I think two persons could pass with ease—when 1 went into the parlour on their calling for their reckoning, they sat all three together near the door—Jones sat nearest the door—James sat with his back to the cupboard—he was not half a yard from Jones—Richardson sat next to the table, about a yard from James—they all sat on one side—there was no fire in the room—the door opens against the back of the cupboard—when the door is open it covers the place which was cut.
COURT. Q. Was there room for you to get in without it being pushed back against the cupboard? A. It always pushes back against the back of the cupboard—there is a projection, and Jones sat against that—the projection is on the other side of the cupboard—the door would open against that—he was sitting beyond the space the door would fall back upon.
MR. CARTEEN. Q. Then Richardson must have been some distance from the place? A. Hardly half a yard.
WILLIAM SNOWELY . I am landlord of the King and Queen. On Friday, the 23rd, my wife made a communication to me, and I sent for the police—I went into the parlour first myself, and the policeman close behind me—I found the three prisoners in the parlour—Richardson was sitting with his back to the fire-place—they were all near each other—when I got in, James said he had got an appointment with some parties on particular business, and said, "The reckoning is all paid, I believe, landlord?"—I said it was paid—he then said, "Well, we must be off"—I told them I must detain them, and I gave them into custody—I examined the back part of the cupboard, and found a piece of the panel, from five to six inches long, and perhaps four in breadth, cut out and severed into three parts, and it was placed up again, they were stuck up again as near as possible, as they had been before, and I think some paste to secure them—I took them out again, and the officer has them—I then saw the iron plating had been drilled through in five or six places at the bottom, and as they were drilled through, the places had been filled up again with putty—I told them I suspected they were the parties who had done it—they said they knew nothing about it—I go into the room almost every day—I had been there the day before, and noticed nothing the matter with the cupboard then.
Cross-examined by MR. PAYNE. Q. Were you in the house all the morning? A. I was up stairs shaving when it happened—it was about one o'clock—I am the husband of the first witness—she came up to tell me of this, and I came down directly—the holes in the iron-work were the size of a small gimlet.
Cross-examined by MR. CARTEEN. Q. Was there putty in all the holes? A. All that were drilled—there were some small holes made with a chisel.
COURT. Q. Do you think in the state you found the holes drilled, and with putty stuck in them, any light could have been seen from the cupboard within? A. No—if a light was seen, something had been put into the hole afterwards, but there were some incisions made with a sharp-pointed knife, which, when the wood-work was down, you could see light through, but not when it was up.
JAMES STOKES . I am a policeman. I was called in, and examined the cupboard—I produce the three pieces of wood—I saw James drop something, and found this putty, which is the same description as was fastened to the wood-work—I produce some small splints of wood which I took off James's trowsers, going to the station, in the cab—I also found a knife and chisel.
cross-examined by MR. PAYNE. Q. Where was the chisel found? A. In the stove in the room—my brother officer found it—I think James had walked 200 yards from the room to the cab.
COURT. Q. Was there a deficiency in the wood-work of some slight splinters? A. I did not notice—I picked some putty up by the side of James—I saw it fall from his side while I was searching his left pocket—the putty dropped just alongside me—it fell from some part of his clothing—I was not stooping down to search him—I was searching his pocket—the putty came from his clothes, I cannot say which part—it felt very warm at the time—I do not know where he bad it.
MR. BALLANTINE. Q. Would any of the instruments you have produced, make the holes in the iron-work? A. Yes, the one in the shape of a chisel—I found a knife on each of the prisoners—Jones and James bad a knife in their waistcoat pockets.
TIMOTHY TOOMEY . I am a policeman. On the 23rd of Sept. I went to the premises—I found this chisel in the grate—I applied it to the holes in the iron-plating, and it exactly corresponded—I found some putty in James's
right hand pocket—it was moist—I went back afterwards to compare the wood with the hole, and found some more putty on the floor—I found some paste alongside Jones, close to his feet—it is shoemaker's paste.
Cross-examined by MR. PAYNE. Q. Where is the putty you found in James's pocket? A. Here—it corresponds with the other—he was at the station when I found it—they were only slightly searched in the room—I was searching round the room while Stokes searched them.
MARY KILBEN . I am servant to Mr. Snowley. I dusted the company parlour all down on the morning of the 23rd, and there was nothing the matter with the back of the cupboard, nor any pieces of wood puttied in.
Cross-examined by MR. PAYNE. Q. It is a dark room, is it not? A. Not very dark—it is pretty dark—we are in bed by twelve o'clock—I get up at seven in the morning—I dust the place very particularly—I dust the wainscot every morning with a clean towel—I dusted down the wainscot, for mistress is very particular—I do not do it up high—I did not sweep it—I dust all the wainscot down every morning with a clean towel—I am obliged to dust all the ledges—I do not examine every part of the wall—if there are little specks I could see them.
Cross-examined by MR. CARTEEN. Q. What time did you dust it? A. After nine o'clock—I opened the shutters—I do not open them later than ten o'clock—I opened them that morning at nine—I dusted the room on Wednesday morning about half-past nine—I opened the shutters then—I think it was half-past nine—I do not know exactly—I am always in a hurry to do my work.
(Jones and Richardson received good characters.)
JONES— GUILTY . Aged 34.
JAMES— GUILTY . Aged 49.
RICHARDSON— GUILTY . Aged 54.
Confined Eighteen Months.
NEW COURT.—Monday, January 2nd, 1843.
456. JAMES EDWARDS was indicted for stealing, on the 15th of Dec., 1 cap, value 1s., the goods of John William Slocombe; and 18 shirts, 20s., the goods of James Williams; in a vessel in the port of London; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 19.— Transported for Ten Years.
EDWARD WALKER . I am a watch-tool maker, and live in Red Lion-street, Clerkenwell. On the morning of the 16th of Dec. I was in my shop—I saw the top of the prisoner's hat behind the counter, by the desk—the prisoner went out—I looked out, and saw him, with something under his arm—I went round the counter, and missed the vice—I called to my son, went after the prisoner, and took him, about ten or twelve yards from the door, with the vice on his shoulder—I told my son to go and fetch the street-keeper—the prisoner went down on his knees, and begged I would not prosecute him—I told him I should, it was not the first or second time he had been there on that errand—this is my vice—it was within a yard of the door—I had seen it there on the previous afternoon.
Prisoner. Q. Did you see me come out of the shop? A. No.
Prisoner's Defence. I was going on an errand; I was stopped by a man, who brought me the vice; I had it on my shoulder, and was going past the prosecutor's house; he stopped me, and said, "Where are you going?" I said I was engaged to carry the vice.
GUILTY . Aged 21.— Confined One Month.
WILLIAM ACOCKS . I am a plumber and painter, and live in Store-street, Bed-ford-square. The prisoner was in my employ about two months—I have two houses in Bridgewater-square, which had been lately built—I had to do the plumbing, painting, and papering—there was a man and his wife taking care of the premises—I generally took the white lead in my cart, for the supply of the job—the prisoner was employed to work on the premises—there was a can there for the purpose of taking white lead to the job—my apprentice generally used to put the white lead up, and get it ready for me to take down in the morning—I took a pot of white lead down, weighing 28lbs.—I used to leave the prisoner, and had the white lead sent to him there, to use at the place—on the 13th of Dec. I looked at a white lead firkin, and noticed there wan deficiency—I made inquiries, and afterwards went to the job—I received information there, which I communicated to the police—I went at five o'clock the same afternoon to Ann-street, Pentonville—I saw the prisoner there—I told him I had missed a quantity of white lead, and had every reason to believe he had taken it—I said, "Perhaps you will permit me to look over your premises?"—he said, "If you wish to search my premises you may get a search warrant"—he shut the door—I waited about for a quarter of an hour—he then opened the door, and said, "Now you may search if you like"—I went to the station, and got a policeman—I came back, searched, and found the can, which I generally used in taking the white lead from my shop to the job, near the water-butt, in the yard—this is the can—it is mine—I found no white lead—he said he was going to take the can to the shop, to get white lead to use the next morning; but there was a sufficient quantity there—he need not have gone to the shop for white lead.
Prisoner. Q. Used I not to take the greatest part of the white lead to the job? A. Not to my knowledge, or by my permission.
ANN MUGGERIDGE . I am the wife of Charles Muggeridge. I was put into these houses to take care of them—the prisoner was there as painter—on the morning the prosecutor brought the white lead there, the prisoner went down into the kitchen in the evening, and took a quantity of lead out of the pot, put it into his basket, and went away—I watched him at the window go away from his work—I looked into the pot directly after he was gone, and observed half the pot of white lead that came in that morning was gone—I spoke to the prisoner, and he abused me for watching him—I told the prosecutor.
Prisoner. Q. What night did I take the white lead away? A. It was the same day that the prosecutor brought it—I did not swear it was Friday—I said it was on Wednesday or Thursday.
THOMAS LOWE (police-constable G 84.) I took the prisoner into custody—I told him he was charged on suspicion of stealing a quantity of white lead—I found this can on his premises—he said it was the can he was in the habit of carrying things backwards and forwards in.
EDWARD EDSALL . I am in the prosecutor's service. I remember the prisoner's putting up some lead in the shop, to go to the premises in Bridgewater-square—he said I had not got the things down which he had taken there, and I had not kept the account right of what he had taken there—he said, "But it does not matter; Mr. Acocks told me to keep the account, you have no need to keep the account any longer"—I had kept the account till then—I did not keep the account after that.
WILLIAM ACOCKS re-examined. I never ordered the prisoner to keep the account of the things that went—it was Edsall's duty to keep an account of erery thing that went out—if the prisoner had told the apprentice that he wanted white lead he would have told me, and it would have been put up for me, to carry down in the morning—the prisoner did not take his can home at night—he has never brought it home to my house at night.
Prisoner's Defence. Mrs. Muggeridge has a great spite against me; I took the can home, to take to the shop, to put more materials in, as I have done all through the job.
NOT GUILTY .
HENRY BOYS . I am in the employ of Thomas Brooks and another, drapers, in Farringdon-street. This carpet is theirs—it has never been sold—the mark is not taken off it, which it would be if it had been sold—it had been on their premises.
ANGUS BAINS (City police-constable, No. 280.) I saw the prisoner at half-past five in the evening of the 14th of Dec. coming along West-street, Smithfield, in a direction from Smithfield—he had this roll of carpet on his shoulder—I asked him what he had got there—he made no reply—I wished him to stop—he dropped the carpet, and ran away—I pursued, and took him on Saffron-hill—Eliza Cain took the carpet—I went back, and found it.
ELIZA CALE . I was standing at my door in West-street—I saw the prisoner coming down with this carpet—the policeman crossed to him—he threw it off his shoulder, and immediately alter he ran off—I got a young man to help me with the carpet into my shop, and as soon as the officer returned with the prisoner I gave the carpet into his care.
Prisoner's Defence. A man met me, and told me to carry it, and he would give me 1s.
GUILTY . Aged 20.— Transported for Seven Years.
THOMAS KEENE . I am a cheesemonger, and live in Prince's-street, Red Lion-square. On the 16th of Dec. I saw the prisoner and another person walking past my shop at one o'clock—the prisoner took a fowl from my shop-window, and put it under his coat, and went on a few yards—I caught him a few yards off, and brought him back to the shop—I am sure I saw this—I was at the back of my shop.
Prisoner's Defence. I did not take it; a boy took it, and ran away when he saw the prosecutor.
GUILTY . Aged 17.—Recommended to mercy.
Confined One Month, and Whipped.
WILLIAM LAPTHOBN (police-constable V 291.) About a quarter to two in morning of the 25th of Dec. I was on duty at Shepperton—I saw Norcott come out of the farm yard belonging to Mr. John Saunders, of Shepperton—I asked what he had been doing—he said he had been to see Jem Jiggle to order some barge horses for Mr. Mason—I allowed him to pass—he had nothing with him—he was going towards London—on turning from him I saw two more men come out of the same gate—one of them I took into custody, but being stronger than me he made his escape—I believe the one I did not take to be Humphreys—the man I caught had two large bundles, and the other man, who I believe to be Humphreys, had a smaller bundle—after the man escaped, I took the bundles he dropped back to Mr. Saunders—the man, who I believe to be Humphreys, dropped his bundle, and it was picked up later in the morning—one of the bundles I took up contained a goose and a turkey—the other a goose and a fowl—I have the legs of them here—I traced Humphreys to Weybridge, between nine and ten in the morning—I after that went to Egham, found both the prisoners together there, and took them.
Cross-examined by MR. BALLANTINE. Q. How far were you from the yard when the two persons came out? A. It might be forty yards—I took Humphreys about half-past four o'clock the same afternoon—I had been to his barge between four and five in the morning—there was a man there, but I did not see enough of his features to swear to him—there was another officer with me—I saw one man awake—I cannot gay whether it was Humphreys or not, from his appearance I thought it was him—I searched the barge, but found no property there—I took Norcott first, and Humphreys afterwards—he made no attempt to escape—he was not two yards a head of me—there were clothes lying about the barge.
WILLIAM SCOTT . I am a shoemaker. I was on the green, opposite Mr. Saunders' that morning, between nine and ten o'clock—I picked up a bundle there, containing a fowl and a handkerchief about four yards from it—I carried them into Mr. Saunders', and put it on the table—this is the handkerchief.
THOMAS HOLLOWAY (police-constable V 226.) On the morning of the 25th of Dec. I received information from Scott—I found the handkerchief on Mr. Saunders' table—it contained a neck of mutton—I went to Mr. Clark, a butcher, at Shepperton, and made inquiries, and went to Humphreys'barge.
Cross-examined by MR. BALLATINE. Q. Who was in the room when you took the handkerchief from the table? A. Mr. Saunders and his servants.
RICHARD STRUDWICK . I am in the employ of Mr. Clark, a butcher, at Shepperton. On Saturday, the 24th of Dec., I was present when a neck of mutton was sold to Humphreys—I saw it again at the Magistrate's, at Feltham—it was the same that had been sold the evening before.
Cross-examined by MR. BALLANTINE. Q. You matched it with the fore-quarter? A. Yes, my master's son gave me the joint—he is not here—he knew all about the mutton—I could have told without taking it to match—I took it because I should be quite strict—my master's son sold it—I was quite sure at the police-office that Humphreys bought it.
JOHN SAUNDERS . I am a farmer at Shepperton—I lost a turkey, two geese, and two fowls—I saw them produced from the bundles—I know the turkey, but geese are so much alike I would not swear to them—they were life in the fowl-house at twelve o'clock over night.
NOT GUILTY .
NEW COURT, Tuesday, January 3rd, 1843.
GUILTY . Aged 14.— Confined One Month and Whipped.
FRANCIS SISLET SELL . I am superintendent of the Galley Quay, Lower Thames-street, in the employ of Joseph Barber. The prisoner was employed at the wharf on the 31st of Dec., for the purpose of carrying spelter—he received it from the landing scale at Galley Quay, to carry to the vault at Brewer's Quay—he was afterwards found with some spelter which he was not employed to carry—it is Mr. Barber's property—the prisoner had no right to have it.
WILLIAM CHILDS . I am a City police-constable. On the morning of the 31st of Dec., I saw the prisoner going towards the Minories, from the wharf—I itood still as he passed—he made an attempt to run, but having this weight about him he could not—he stopped—I went and asked him what he bad got—he unbuttoned his jacket, and said, "I have got two pieces of spelter, which I have brought from Thames-street, from Mr. Barber's Quay"—this is the spelter.
Prisoner's Defence. About one o'clock I went to have a pint of beer, in going across Thames-street I saw this spelter lying close by the rubbish, and I took them.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Three Months.
WILLIAM PRITCHARD . I am a draper's assistant. About twenty minutes to one o'clock in the morning of the 22nd of Dec, I overtook the prisoner in St. Martin's-le-grand—she accosted me, and asked me to go with her—I told her 1 would not—she went on with me—when we got to Foster-lane, I stopped and talked with heir—I felt her hand in my left hand trowsers pocket in which I had a purse, containing a half-sovereign, and 25s. in silver—I put my hand into my pocket, and missed my purse—I told her of it—she denied it—I said unless she gave me back my purse I would call the police—she offered me another purse which was empty—I returned that, and told her that I would have nothing to do with it—I called the police, and gave her in charge—after that I put my hand into my left coat pocket, and found my purse—I examined it, and there was from 15s. to a 1l. gone—I am sure it had been in my trowsers' pocket.
ALFRED WINTER (City police-constable, No. 187.) I was called in Foster-lane on this morning about twenty minutes to one o'clock—I found the prisoner and prosecutor together—he charged her with taking his purse—she
said she had not—he said she had, and unless she gave it up he would have her taken to the station—I had her searched at the station—I took off her pocket, but first she put it on one side, and said she could not take it off—I found 14s. 6d. in it, and her purse which had nothing in it—I said, "There is the money sure enough"—there was 14s. 6d., and three-halfpence—the prisoner said it was not his, that she had it from another person.
Prisoner's Defence. I met a gentleman I knew; he took me to a house and gave me this silver; I went out, and found the prosecutor; he wanted to pull me about; I said I would not allow that—he took hold of me and called the police.
GUILTY . Aged 29.— Confined Six Months.
JOHN STOREY (City police-constable, No. 414.) I was on duty, on the 6th of Dec., in plain clothes, in Farringdon-street, with David Storey—I saw the prisoner and two others cross the road—one took the coat out of the cart, and gave it to the prisoner—I pursued them all three, and stopped the prisoner with the coat in his possession—I took him to the station—this is the coat.
Prisoner's Defence. A person stole the coat and threw it to me; he made his escape.
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
CHARLOTTE HODDY . I am the wife of John Hoddy, a shoemaker, in Carr-square, Moor-lane. In consequence of information, on Thursday the 29th of Dec., I went up into one of my rooms, and missed two pillows, one sheet, two blankets, a counterpane, and a patch-work quilt off the bed—I went into Carr-square, and saw the policeman—I went with him to the station, and saw the property there—this is it.
Prisoner's Defence. I met a woman; she asked me to carry the bundle for her to Union-street, and she would give me sixpence; the policeman stopped me, and asked where I got the things; I told him.
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 21.—Recommended to mercy.— Confined Twelve Months. (There were other charges against the prisoner for embezzlement, to the amount of 25l. 8s. 6 1/2 d.)
468. PHILIP WOODMAN was indicted for stealing, on the 23rd of Dec., 12 pairs of stockings, value 1l.; and 24 pairs of socks, 17s.; the goodsof John Wills; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 25.— Transported for Seven Years.
GUILTY . Aged 15.— Confined Three Months.
470. CHARLES DOWSETT was indicted for stealing, on the 20th of Dec., 1 jacket, value 5s.; 1 waistcoat, 2s.; 1 pair of trowsers, 4s.; and 2 shillings; the property of Thomas Miller: and 1 pair of shoes, value 2s., the goods of John Kelly, in a port of entry and discharge; to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
CHARLES MORLEY ROBINSON . I live at Hornsey. The prisoner was my groom for nearly three years—on the 18th of Nov. I lost an umbrella, a pair of spars, and a whip—these are them—they were in the prisoner's care.
Cross-examined by MR. PRENDERGAST. Q. You cannot tell which of these were taken at any time? A. No, they were all within the prisoner's keeping—I did not miss them.
JAMES PLAYFORD (police-sergeant N 3.) Between seven and eight o'clock in the evening of the 2nd of Dec., I was near the prosecutor's house—I saw the stable gates open, the prisoner looked out, and a woman came out—I went to the prisoner's room afterwards—he was stooping down to a box—I searched the box, and found a bundle—I asked what it contained—he said, "Tickets"—I read them over to him—they were for an umbrella, a pair of silver spurs, and a whip—I said, "Here are a pair of spurs"—he said, "Yes, they are an old pair of mine, and the whip is mine"—he said the tickets of wearing apparel belonged to his wife—I went to the prosecutor's next morning, showed them to him, and he missed the spurs—on the 17th I went with Brennan to No. 57, Seymour-place—Brennan went up stairs, found the prisoners up stairs, and brought him down—he asked me if I had seen bis master—I said, "Yes"—he asked if he was angry—I said, "Yes"—he said he was sorry for it, he was a good master, and he would do every thing in his power to make amends, he would work till the arms fell from his body.
Cross-examined. Q. Did he not say he never intended his master should suffer by him? A. No—I believe I said before the Magistrate that I read the duplicates over to him—this is my deposition—I do not see it is down here—there was the appearance of great distress about this place—the prisoner seemed almost overcome with grief at his situation.
JAMES BRENNAN (police-constable N 69.) I went to Seymour-place, Bryanston-square—I saw the prisoner—I asked if he had lived in Newington lately—he said, "No"—I asked if he lived with Mr. Robinson—he said, "No"—I said I knew better, and took him down stairs—I searched the room, but found nothing relating to the robbery.
GUILTY . Aged 32.—Recommended to mercy by the Jury and Prosecutor.
Confined Six Months.
(There was another indictment against the prisoner.)
NEW COURT.—Wednesday, January 4th, 1843.
Fifth Jury, before Mr. Common Sergeant.
472. GEORGIANA HUGHES was indicted for stealing, on the 17th of Dec., 1 needle-case, value 1d.; 3/4 of a yard of lace, 1d.; 1 ring, 5s.; 3 six-pences, and 1 groat, the property of Thomas Jolly, her master; to which she pleaded
GUILTY . Aged 16.— Confined Three Months.
473. ELIZABETH WOODHAM was indicted for stealing, on the 20th of Dec., 5 sovereigns, the monies of Eliza Smith; also, on the 15th of Dec., 1 sovereign, the monies of Eliza Smith ; to both of which she pleaded GUILTY . Aged 13.— Judgment Respited.
474. JOHN GODFREY was indicted for embezzling 35l. 3s., which he received for his masters, Edwin Hart and another.—2nd COUNT, for stealing an order for the payment of coal, value 35l. 3s.; to which he pleaded
GUILTY . Aged 17.— Confined Nine Months.
475. THOMAS STEWART was indicted for stealing, on the 4th of Aug., 1 coat, value 3l.; 2 waistcoats, 2l.; 1 pair of trowsers, 1l.; 1 stock, 5s.; 1 brooch, 5l.; 1 pair of socks, 1s.; 2 handkerchiefs, 4s.; 1 pair of boots, 1l.; and 1 bag, 5s.; the goods of James Brodie Gordon; to which he pleaded
GUILTY . Aged 39.— Transported for Seven Years.
GUILTY . Aged 16.— Confined Six Months.
477. THOMAS PERKINS was indicted for stealing, on the 1st of Dec., 3 sovereigns, 8 half-crowns, 18 shillings, and 4 sixpences, the monies of John Malenoir, his master; also, on the 21st of May, 13 sovereigns and 4 half-sovereigns, the monies of John New, his master; to which he pleaded
GUILTY . Aged 16.— Confined One Year.
478. HENRY SMITH was indicted for stealing, on the 17th of Oct., 3 half-crowns, the monies of Thomas Eadon; on the 19th of Dec., 1 half-crown, the monies of Charles Bailey; also, for unlawfully obtaining 3s. 6d. from Edward Godfrey by false pretences; to both which he pleaded
GUILTY . Aged 20.— Transported for seven Years.
WILLIAM THOMAS GOODGE . I live in Upper Lisson-street, Marylebone. Between eight and nine o'clock in the evening of the 27th of Dec., I had a piece of bacon outside my door—I missed it, when a person came and told me—I ran after the prisoner, and found the bacon on him—he struggled to get away.
Prisoner's Defence. I was going along, some young man came and dropped the bacon.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
480. CHARLES BEBELL and WILLIAM PRIOR were indicted for stealing, on the 1st of Dec., 28 marten-skins, value 20l., the goods of Curtis Miranda Lampson, their master.—2nd COUNT, stating them to be 28 skins of sable.—3rd COUNT, stating them to be 28 skins of fur.
MR. CLARKSON conducted the Prosecution.
ISIDOR SHERWINSKI . I am a dealer in cigars, and live in Pell-street, Wellclose-square. On the 1st of Dec., about half-past four o'clock in the afternoon, in consequence of some information, I went to Mr. Lampson's counting-house, in Queen-street-place—I made a communication to him—he gave me directions what to do, in consequence of which I watched the two prisoners—about five the same evening I saw Bebell going into Mr. Lampson's counting-house—he had a box under his arm—he came out alone in about ten minutes—he then had nothing—he crossed Queen-street-place from the right-hand side to the left hand, and went towards Blackfriars—he set off to run, and looked round all the time—I do not know that he saw me—I know the premises of a man named Bresler, in Bell-yard, Doctors' Commons—I went directly to Bell-yard, and waited there about ten minutes, and then Bebell came with a blue bag in his hand, from Doctors' Commons through Bell-yard—I stood in a narrow passage—he passed Bresler's—I followed him into Dean's-court, which goes into St. Paul's churchyard—when he got about twenty yards off, Prior was standing on the left-hand side of the court, and Bebell held him over the bag—I caught hold of it, and said, "What have you got here?"—he said, "Nothing, nothing," and Bebell tried to run away—I catched hold of him—Prior was very quiet—he held the bag in his hand—I caught hold of him, and called, "Police, police"—Bebell said, "Take it, take it, come in the dark and settle it "—another gentleman came up, and assisted me in taking one of the prisoners—Prior said, "This spoils our trade"—the policeman came up, and I delivered them into custody.
Cross-examined by MR. ADOLPHUS. Q. What is your name? A. Isidon Sherwinski—my father's name was Sherwinski—I was sworn on the Old Testament—my name is not Cohen, nor was that my father's name—I am a cigar-dealer—that is my only trade—I have been here about four years—I have been nothing but a cigar-dealer these four yeaes—I had a bazaar before that in Dublin, which I carried on in the name of Isidor Sherwinski—I have never called myself a Polish count, or an hussar, and I never was one—I never saw Bebell before that day in my life, but I have heard about him—I knew nothing of him before—I have heard since that his name is Charles, but I did not know it then—I heard his name at the police-office—I had no acquaintance with Mr. Lampson before—I was acquainted with Mr. Bresler before—I volunteered to go to Mr. Lampson, and tell him something, and he desired me to watch a person—I did not know Bebell's person at all, nor his master.
Q. Did anybody else hear this declaration, "Come in the dark and settle it?" A. Nobody—the policeman and the gentleman came afterwards—I do not know the gentleman at all, but he came to my assistance when I called "Police"—I have spoken to Mr. Lampson since this several times—I have not had any acquaintance with Bresler, and talked with him about this—I have seen him several times at the police-office, but not at his house—I know him by sight—I do not know what he is—he bought furs cheap.
COURT. Q. What do you mean by buying furs cheap? A. Because he bought stolen goods.
MR. ADOLPHUS. Q. Were you much acquainted with him, did you keep company with him? A. I saw him when he was here in Newgate, tried
last Sessions—I was not a witness to his character—I was before Mr. Alderman Kelly, because a friend of Bresler's stole some papers from Mr. Spiller, and I appeared as a witness—they did not convict him, because they found nothing on him—the Alderman did not say that one of the witnesses was not to be believed on his oath, and he would not commit anybody on bis evidence—there was no such thing said of one Mr. Sherwinski—Mr. Humpherys appeared for that man, and cross-examined me, and the result was that the Magistrate would not commit the man, because the property was not found on him—the Alderman did not say he would not commit nor remand any one on the oath of such a man—he never said such a thing, you are quite misinformed.
Cross-examined by MR. BALLANTINE. Q. Do you really mean you have always gone by the name you at present bear? A. Yes, on all occasions—that I swear—it is quite a mistake to say that I came out of Goulston-street, Petticoat-lane—a step-brother of mine lives there—he is a tailor—he is not an old clothes man—he sells old and new clothes—he does not have them hung up in front of his premises—he is my mother's son—his name is Joseph Cohen—I have never assisted him both with my own name and in that business—I never was a captain in the Polish lancers, or a Polish nobleman, or a gentleman who has fought and bled, and I never said so—I have never acted as an attorney's clerk to anybody—I know Mrs. Wigg, a widow, at the Three Herrings, Leadenhall-street—upon my oath I did not represent to her that I was a Polish captain, or a Polish count, and that I was receiving money from the fund—I took lodgings there, and I paid every farthing—I will swear the same of Mr. Shepherd, of Red Lion-street, Liverpool—I never made those representations to him—I paid him his rent—I do not know a person named Gordon—I was only acquainted with the solicitor of the Gordons—they were tried and convicted of perjury and conspiracy—I made an affidavit for Spiller, who was tried with them—it was for all—they were all together—I know nothing of the Gordons'—it is immaterial to you how much I received for that affidavit—I decline to tell you how much I received, whether it was 5l., 10l., or 20l.—I never made an affidavit on the other side for Mr. Avers—he was the prosecutor in that case—I saw him, and spoke to him after I made the affidavit for Spiller and Gordons'—I do not know how long it was after—I do not remember the time—I never made an affidavit, or was a witness for Avers—I only saw him when he bought two pounds of cigars of me, and paid me 50s. for them—I did not appear again as a witness—I never made any affidavit, but the one I have spoken of—I have been a witness twice in my life for the same parties—I was not a witness against a person named Latchman—I was never before the Grand Jury here in my life, nor a witness in this Court—I was not called before the Grand Jury in this case.
JOHN DEAR (City police-constable, No. 279.) On Thursday evening, the 1st of Dec., about five o'clock or a little later, I was at the corner of Ludgate-street, and saw some persons going towards Dean's-court—I heard a cry of "Police," and went to the spot, where I found Sherwinski holding the two prisoners—Prior had one end of a blue bag—it was in the middle of the two prisoners and Sherwinski—Prior had hold of the mouth of the bag—I took the prisoners to the station, and Mr. Lampson was sent for—I asked Bebell what was in the bag—he said, "Skins"—I opened the bag—this is it—I found it contained these twenty-eight skins—here is some paper about them which was about them when I took them—Bebell said that Mr. Bresler had left them at Mr. Lampson's warehouse at a quarter before four o'clock that afternoon, and desired him to take them to Bresler's house—after Bebell
was removed from the bar Prior was brought out—I asked him what account be could give of the skins—he said Bebell gave them to him out of the cupboard, and desired him to go up Thames-street, and he would soon overtake him—Mr. Lampson came soon after—he looked at the skins, and identified them—the prisoners were then separately brought out, and the same questions were put to them as I have now stated, and they both answered in the same way—they gave the same account to Mr. Lampson that they had to me—I wen to Mr. Lampson's the next morning to search Bebell's cupboard, which I opened with a key which I found in Bebell's pocket—I found some skins in that cupboard, a blue bag, and several letters of no importance.
Cross-examined by MR. PAYNE. Q. Did you know Mr. Sherwinski before? A. I never saw him till I heard the cry of "Police"—I then found him underneath Dean's-court—I was at the corner of Ludgate-street, in St. Paul's church-yard—I cannot say how far that is from Dean's-court—I have been in the police I think three years this time, and nearly two years before—I left once—before I came into the police this last time I was at Mr. Harnsey's, in Farringdon-street, for six or seven weeks to drive a cart—the situation did not suit me—I was shopman to Mr. Webb, a cheesemonger, in Oxford-street, but it is so long ago I cannot recollect how long I was with him—I have not been a shopman these ten years—I think I was ten months with Mr. Webb—I left him because I got married, not because I was charged with taking money from the till—I know a man named Coleman—I married his sister—I was not charged with bigamy at Union-hall, nor ever taken up for it—I was never accused of marrying this woman while my wife was living—I never heard of it.
Q. Now look at Coleman; is this your wife's brother? A. Yes—I will swear I was never accused of bigamy at Union-hall in my life—I know nothing about it—I was never an assistant to Stowell, the informer—I am quite prepared for all these questions—I heard last night from some pettifogging man that I was to be asked them—I have seen Stowell, and I do not know any policeman but what does know him by sight—I have not had any business with him, and never spoke to him—I married Coleman's sister in 1831—I cannot tell how long I lived with her—we parted on family affairs that I do not think are at all to the purpose in this case—I did not run away and leave her—I made her an allowance—it was through adversity that we parted—she went to a situation—I was out of a situation—it might be four years that I lived with my wife before I left her—I was not taken into custody in 1839 on the subject of having two wives—I never was taken into custody in my life—I was in the employ of an officer of the House of Lords for three years—a motion was brought in to discontinue our services, and seventeen of us were discharged—I have had cheques under my care to carry to the gentlemen at the Tower to the amount of 5,000l. or 7,000l. at a time.
MR. CLARKSON. Q. You were forewarned last night that these questions would be asked? A. Yes—I was sent for some days ago to Mr. Humphrey's office, and he showed me this anonymous letter—(looking at it)—these are the skins that were at the station—I have had them ever since.
CURTIS MIRANDA LAMPSON . I am a merchant and dealer in foreign skins—I have warehouses in Thames-street, all of which, but one, are bonded warehouses—my office of business is at No. 9, Queen-street-place. I never, to my knowledge, saw Sherwinski till the 1st of December—he called on me that day, and made a communication to me—I gave him directions to watch the prisoners—Bebell was superintendent of my warehouse—he received 30s. a-week, and had accumulated between 60l. and 70l., which he placed in my hands—I mentioned that to the Magistrate—it has since been restored to him
—Prior was foreman in the deer-skin warehouse—he had been six or seven years in my service—it was Bebell's business to see that the warehouse was secure after the others left—his father is locker of the warehouses for the Goverment, and he introduced me to his son—some time before the 1st of Dec. I found one of the warehouses with the lock off—these skins (looking at then) are marten-skins—they come from America, in casks, tightly headed up—I had casks of these in my warehouse previous to the 1st of Dec.—I had taken the last cask from the bonded warehouse on the Monday or Tuesday before, and opened it—the skins were counted out by me that evening—Bebell was with me alone—about five or six o'clock, on Thursday evening, the 1st of Dec., I was sent for to the station in Smithfield—I found the blue bag and skins there—I thought I could recognise them as what I had handled on the Tuesday before—this wrapper round them is precisely the same sort of paper which we put coney wool in, and when I first saw it there was a little lock of coney wool on it—I asked Bebell how he came in possession of the skins—he said Mr. Bresler left them at the warehouse, to take to his house, about a quarter before four o'clock—I afterwards saw Prior—he said Bebell gave him the skins to take up Thames-street, and said he would follow—he said Bebell had taken them out of his box or cupboard, or from under the cupboard, and given them to him—Bebell had a cupboard between two of the bonded ware-houses, of which he kept the key—I had forbidden Bebell some time ago to have skins at all about him, or to be seen with them, unless he was ordered by me—I was not aware that he had any in his cupboard—I never had access to it—after that I went with the policeman to Bresler's—the policeman found him—I waited outside—he was asked, in presence of Bebell, if he owned these skint, and if he had given them to Bebell—he said he had not—I pointed to Bresler, and asked Bebell if he was the man that gave him the skins—he said, "Yes"—Bresler said, "No"—to the best of my belief, these four skins, found in the cupboard, that are in the blue bag, are not part of my stock—I think they are so peculiar, that if they had passed through my hands, I should have remembered them—the next morning I went to look at the skins which had been taken out of the barrel by me and Bebell two or three days before—I found twenty-six skins that I thought had been substituted for mine, and three or four of which I was doubtful—on Thursday, the 1st of Dec., I was at the warehouse, at ten minutes to four o'clock—the lockers are in the habit of turning us off at four, and I looked at my watch to see the time—Bresler did not come that day, that I saw—Bebell, I think, was engaged in the room opposite to mine, down to ten minutes to four o'clock, with a man named Davis—I think he was waiting on him when I left—I have public sales it my warehouse—Bresler deals in skins—I think he bought some in March last from my broker—these skins are not part of those bought by him in March last—the twenty-six skins I found in the cask were very bad ones, worth about half-a-crown or 3s. each—the others were worth 16s. or 18s.—when I examined the cask I had some difficulty in getting the skins out—I tore one considerably, which is not here, but here is one I tore—I received this letter, and handed it over to my attorney.
Cross-examined by MR. ADOLPHUS. Q. Show me the skin you tore? A. This is it—it is torn by the leg, close to the body—it is a little severed from the body—you will not find another in the bulk broken—I never saw one torn in this way—they are taken off by the Indians, and they are very particular—I suppose thousands of those skins came to this country—I am not the only receiver in this country—I had only two sales last year, one in March and one in September—I received these skins after the September sale—these had never been in any sale—I sold about 24,000 skins in March, and about 10,000 in
September—after I saw these skins at the station they were in the policeman's possession, and I believe he brought them to the warehouse the next morning—they have not been returned to my possession, so that they might have been mixed with any others—I know them by the tear, and by their general appearance—the skins come to me by the same company, and are taken by the same Indians, for several years, and I can tell which tribe the skins belong to almost always—some Indians leave the skin a little on, and some have the legs in a different manner—they are taken off the animal a little different; and let that tribe of Indians take as many as they will, they all have that appearance—I have searched the bulk, and do not find another skin torn in this way—there is one skin gone—I should have been unwilling to swear to a skin, as skins are so much alike, but from this one being torn, I have no doubt of it—I should be very sorry, if there was a doubt on my mind, that the prisoners should suffer—I think Bebell has been with me nine years last November—I have trusted him very confidentially for the last five years—I have been twice to America, on business, and to see my friends, and left him in the sole possession of my property at the warehouse, and I continued him in my service—I had some doubt about him before I saw Sherwinski—I know Bebell's father.
Cross-examined by MR. BALLANTINE. Q. When Sherwinski called on you had you some conversation? A. Not very long—I think not a quarter of an hour—he called within two or three minutes of four o'clock—we spoke about the prisoners—Prior had a subordinate situation to Bebell—Bebell was between me and Prior—I was at the Compter, and in consequence of what Prior's wife said, I went to him—my object was to satisfy my mind, or rather to hear what he would say to it—I went for a good motive, at the instigation of his wife—if he had stated anything to me I should not have conceived I had a right to proceed against him.
MR. CLARKSON. Q. If he had given an account that was satisfactory to you, you would have given him the benefit of it? A. Certainly—here is the torn skin here, and I speak generally to the appearance of them—I did not see these substituted skins in the cask when I looked it over—if there had been twenty-six of these comparatively worthless skins, I think I should have seen them—I have not the shadow of a doubt about the torn skin being mine.
MR. BALLANTINE. Q. Might not Prior have been a witness against the other prisoner? A. Decidedly not at that stage—that was not my object in going to the Compter.
ALEXANDER BRESLER . I am a dealer in skins, and live in Clifton-street. On the 1st of Dec. I lived in Bell-yard, Doctors' Commons—I have known Bebell about two years—I never saw Prior—I saw a few skins produced at the station-house—I cannot say whether these are the same or not—I had not delivered those skins to Bebell at a quarter before four o'clock on the 1st of Dec., to bring to my house that night—I did not give him any skins that day—I was not at Mr. Lampson's that day.
Cross-examined by MR. PAYNE. Q. Is this your bag? A. No, sir—I cannot swear to it—there is no mark on it—it is not mine—I never had it in my possession—I cannot recollect if I was at Mr. Lampson's that day—I did not see Mr. Sherwinski that day—I have known him about twenty months—I wish I had never known him—he is an interpreter, and an evidence and a cigar dealer—I have seen him with mustachios—he produced himself as a captain, and a Polish refugee, but be is not—I belong to the Society—he never was on the list—I never saw him act as an attorney's clerk—I have a man of the name of Longworth—I will not swear I was not in Queen-street-place with him that afternoon—I cannot bring it to my recollection.
Q. Did anybody come to search your house? A. Yes, a man whom I found to be a policeman came in a private dress before the search, and then he came with Mr. Lampson—a man named Thursby is in my employ sometimes—I think I never had this bag in my possession—I use blue bags in my trade—I do not furnish bags to persons I deal with—I saw the skins at the station—one or two were produced to me, but I could not swear to them—I think they had holes in the nose—here is one of these has a hole in the nose—I do not recollect that anybody asked me, after Mr. Lampson and the policeman had been, what was the meaning of all this, and that I said, "Do not ask me questions, I know what I do"—I do not think I said to anybody, "Wait and see; I must not be friendly with Sherwinski; business must be done clever; there is a reason for it"—or words to that effect—I am afraid to swear to any thing.
DAVID DAVIS . I have been in the service of Mr. Lampson about eight years—I was at work on his premises on the 1st of Dec, and Bebell was working with me till about four o'clock—I was working with him as late as four—I did not see Bresler come that day.
Cross-examined by MR. ADOLPHUS. Q. Were you in and out? A. I was only just in the slip—no one could have come without my seeing them—I was in the warehouse at a quarter before four o'clock—I did not see anybody to Bebell.
(Bebell received a good character.)
BEBELL— GUILTY . Aged 28.— Confined Two Years.
PRIOR— GUILTY . Aged 37.— Confined One Year.
(Recommended to mercy by the Jury, believing them to have been the victims of the witnesses Bresler and Sherwinski.)
WILLIAM POTTER . I keep a toy-shop in Church-street West, Edgware-road. On the evening of the 19th of Dec. I had a glass-case on my counter, containing a dozen and a half of pocket-knives—I saw it safe about half-past four o'clock, and missed it about a quarter to seven—this is the case.
THOMAS HENRY THOMPSON (police-sergeant D 4.) I took this case from the prisoner about six o'clock that evening, about 300 yards from the proseentor's shop—he said he found it in a tub—another one ran away when I stopped the prisoner.
Prisoner's Defence. I found it in going over Westminster-bridge, and was going to take it home.
GUILTY .** Aged 17.— Transported for Seven Years.
482. GEORGE SUTTON was indicted for stealing, on the 29th of Dec., 2 night-gowns, value 1s. 6d., 1 pair of shoes, 2s.; 1 apron, 6d., 1 comb, 6d., and 1 handkerchief, 6d., the goods of Eliza Maria Thorogood, from her person.
ELIZA MARIA THOROGOOD . About eight o'clock on the night of the 29th of Dec, I was passing the corner of Little Moorfields—I had a brown-paper parcel containing two night-gowns, an apron, a handkerchief, a pair of shoes, and a comb—the prisoner came up, touched the parcel, and then drew it from my arm—I did not know him before—I am sure he is the person—this is the parcel.
Cross-examined by MR. PAYNE. Q. Did you see the person plainly who brushed against you, and then took the parcel? A. I did not see him till the parcel was out of my hand—I saw him directly—he was not a yard off me—his back was to me—I can recognise him by his dress and size—I did not see his face at the time.
Cross-examined. Q. How near were you to your sister? A. Close by her—I saw the prisoner's back—I know him by his dress and size.
WILLIAM BENHAM . I am messenger of the General Post-office. At a quarter past eight o'clock, on the 29th of Dec., I saw a boy, who I believe to be the prisoner, running down Little Moorfields—he threw the parcel at my feet—I took it up—he was running towards New Union-street, in the direction of Mr. Chew's yard.
(Richard Petty, a machine-ruler; and Mary Saunders, of Moor-lane, gave the prisoner a good character.)
GUILTY . * Aged 17.— Transported for Ten Years.
HANNAH TOMLISON . I am the daughter of John Tomlinson, and live at Hampstead—my mother is a laundress. On the 13th of Dec. I hung out some table-cloths—I missed two of them—these now produced are them.
TIMOTHY RANDALL (police-constable S 71.) I met the prisoner in Union-street, Somer's Town, between one and two o'clock, on the 13th of Dec., with a bundle in bis hand containing these cloths—I asked what he had there—he said, "Two table-cloths"—I found they were wet—he handed me a piece of paper, with "T. Hubbard, Cirencester-place, Neckinger, Dock-head," on it—he said he brought them from that place, and was taking them to Mrs. Dixon's, in Oxford-street, and could not find the place—I took him, and went to Mrs. Dixon's, and they knew nothing about them.
Prisoner's Defence. I found them in a field, and, being out of employ, I was going to take them to my house.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
EDMUND PRIOR . I am in the service of James Smith, a linen-draper, in Upper-street, Islington. About three o'clock in the afternoon of the 27th of Dec, I had a cloak and shawl safe—I missed them a little before five—these are them—they are my master's.
WILLIAM RUSSELL . On the evening of the 27th of Dec. I saw the prisoners together—Stanley took the cloak from the linen-draper's—Berkley was three or four yards off—I had seen them together two or three minutes before—Stanley went across the road, and gave the cloak to Berkley.
into the churchyard—Berkley had the cloak in his arms—he said he was going to take it for a person.
STANLEY— GUILTY . Aged 21.
BERKLEY— GUILTY . Aged 21.
Confined Six Months.
SOLOMON SELIG . I live in Red Lion-street, Spitalfields, and am a cabinetmaker. The prisoner worked for me four months, and left me on the 16th of Dec.—in consequence of information, I went to the prisoner's house-I found his wife there, and some veneer and mahogany—these are them—I have missed such—I have no doubt of their being mine.
Cross-examined by MR. PAYNE. Q. Where did you find the mahogany! A. In the room—it is worth about 2s. 6d.—the prisoner had received notice to leave me on the Saturday night—it was on Friday night I went to his house—I went there from the information of another workman—I do not know whose house it was.
NOT GUILTY .
ANNA MARIA LYON . I am the wife of William Thomas Lyon, a leather-seller, in Southampton-street. The prisoner was in the habit of washing for me—I gave her amongst other things these sheets to wash—she ought to have returned them to me, and she has not—I have examined these, and can identify them as mine—I had given them to her in the regular course of business to wash—she was my washerwoman, and had been accustomed to have them before—I gave her them to wash at the latter end of Nov., or beginning of Dec, and instead of that she pawned them.
NOT GUILTY .
NOT GUILTY .
ROBERT WARREN . I am a coachmaker, and live in Gloucester-place, Portman-square. The prisoner lived with me as coachman—I had a gig which I had not seen for six or seven months prior to the 12th of Dec.—I wanted to sell it, and mentioned to the prisoner that I intended to sell it—he said a party offered 3l. 10s. for it—I said, I should not take any such money, for the axletree alone was worth that—the last time I saw the gig, I should have said it was worth 15l.—I sent a person to fetch it away, and then the prisoner said he had lent it to a friend—I never authorized him to sell it either directly nor indirectly without communicating with me.
Cross-examined by MR. CLARKSON. Q. You know the wheels and axletrees of an old gig are considered the perquisite of the groom? A. I never heard it—the wheels are occasionally the perquisite of the coachman, but I
think very rarely—I identified it by a variety of parts—the apron was not me—I said, by putting up the apron I should be able to judge of it better—the lace on the apron I believed to be the same that was on mine—I said, I should know it by the lace of the apron—I am quite satisfied it is not a new apron—it may be a different apron—I will not swear to that—I mean to say, that the last time I saw the gig it was worth 15l.—the body was in a very good state—it was not in tatters—the cushions were not torn that I know of—I consider they were not—there were three or four small moth boles in the lining of the cushions—one in particular on the back part, two feet from the front on the off-side—I do not consider there were ten moth holes in it, and if it is examined now it will be found that there are not ten—I do not know that it has undergone an entire repair—I believe the same lining is in it that was then in it—I know that it has undergone some slight alteration and repair.
Q. Have you never said that you authorised the prisoner to sell the gig? A. Never—I think on two occasions I may have told him I wanted to sell it—I did not tell him to find me a customer—I said I intended to sell it, and then he spoke about 3l. 10s., and I said the axle alone was worth that—I did not say it was worth that without the old body—the springs were good, and there were new shafts—Beck with called at my house on the 22nd of Dec, for some of the prisoner's clothes—I at first refused to give them to him—I did not tell Beckwith on that occasion that I had certainly authorized the prisoner to sell the gig, but never intended to give it him.
CHARLES CATER . I live in Montague-mews, and am coachman to Mr. Mills, of Bryanstone-square. I met the prisoner about the 7th or Sth of Dec, in Circuit-street, New-road—he said he had a gig for sale, and wished me to call and look at it—I thought no more of it till the 12th of Dec, when Harris called on me and said he knew of a gig for sale—I went with him to the stables, and the gig was pulled out for me to look at—I examined it—the prisoner said he wanted 5l. for it—I said it was more than I would give—I offered 4l. for it—he refused it, and said I should have it for 4l. 10s.—I offered him 4l. 5s.; and was coming out of the mews—he called me back and said I should have it—I went to the Cleveland Arms, and bought it for 4l. 5s.—I have laid out 5l. 10s. on it—the lining is the same, but the apron is different.
Cross-examined. Q. What should you have thought if you had been asked 152. for it? A. If I had examined it thoroughly I would not have given 4l. for it—I have offered it for 5l. to two respectable tradesmen.
MR. CLARKSON called
BENHAMIN BECKWITH . I am a gentleman's coachman, and live in Great Barlow-street. On the 22nd of Dec. I went to Mr. Warren to ask for the prisoner's clothes—he told me he certainly had authorized the prisoner to sell the gig, but he did not mean to give it him—he said he was very glad to get it out of his warehouse, for fear of the moths getting to his new carriages, and he had sent it to his coach-house.
MR. WARREN re-examined. This is founded in the grossest falsehood; I never asserted any such thing; I never even fixed a price on the gig.
NOT GUILTY .
489. STEPHEN HURRELL was indicted for stealing, on the 13th of December, 1 bag, value 5s.; 1 coat, 2l. 10s.; I waistcoat, 15s.; 1 pair of trowsers, 1l. 10s.; 1 holland coat, 5s.; 1 clarionet, 30s.; 2 pairs of stock-ings, 2s.; 1 handkerchief, 4s.; 2 shirts, 6s.; and 3 brushes, 3s.; the goods of Charles Woodcock Blackburn.
CHARLES WOODCOCK BLACKNURN I live at Hoxton House Lunatic Asylum. On the 13th of Dec. I was with my cousin, who is in the same battalion of the Guards with the prisoner—we all went into a private house in St. George's-court—I had a carpet bag with me, containing the coat and the other things stated—when we rose up to go home, a cab was called for me to go to Hoxton House—we saw the prisoner take up the bag and go out with it—we supposed he put it into the cab, but he did not—this clarionet, this shirt, and this handkerchief are mine—they had been in the bag.
ROBERT BLACKBURN . I was in the house with my brother—I saw the prisoner go out with the bag, and thought he was going to take it to the cab—he then went away, and did not return to barracks till Thursday morning—he ought to have returned on the Tuesday night.
MATTHEW MATTINGLEY . I saw the prisoner take the bag. SUSAN ROYSTON. I am the wife of William Royston. On Wednesday morning, the 14th of December, I saw the prisoner with this clarionet—he asked me to pledge it for him, which I did—he then gave me this handkerchief, and I pawned it for him.
Prisoner's Defence. I was very tipsy that night and the next morning.
GUILTY . Aged 29.— Confined Six Months.
490. THOMAS HOLMES was indicted for stealing, on the 22nd of Dec, 1 wrench, value 1s.; 1 drill, 1s.; 1 screw-driver, 1s.; 1 soldering-iron, 1s.; 1 chisel, 5s.; and 1 hammer, 1s.; the goods of William Cubitt, his master.
GEORGE GOTTS GOLDING . I am foreman to Mr. William Cubitt, in his smith's shop. He had this wrench and other articles safe—I saw them some time in December—I cannot tell when they were missed—they are marked with Mr. Cubitt's name—I have no doubt these are his tools—I missed them when the pawnbroker brought them on the 22nd of Dec.
Cross-examined by MR. BALLANTINE. Q. You do not remember seeing any of these tools at any period? A. I have seen the prisoner using some of them within a month of the time—the usual work-hours are from six o'clock in the morning till seven in the evening—the men have no work at home—the prisoner told me he lived in Tothill-street—I asked him to repair a stove for me, but it was not begun—if he had done it at all it would have been done in the shop—he would not have wanted any of these tools, and it could not have been done without a forge—it was to make a new front to a grate.
NOT GUILTY .
491. CORNELIUS CULLUM was indicted for stealing, on the 14th of Dec, 2 1/4lb. weight of tobacco, value 7s. 10d., the goods of Thomas Huxley, his master; and JOHN ROBINS , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.; and that Robins had been before convicted of felony.
MR. BALLANTINE conducted the Prosecution.
JAMES FOGG I am a Thames-police inspector. On the 14th of Dec. I was watching Mr. Huxley's shop, in Whitechapel-road—I saw Cullum come out of the shop about one o'clock—I followed him into Church-lane—he was
there joined by Robins—they appeared to know each other, and were talking and walking together—they went down Alie-street, and into Rupert-street, where they turned up a passage, which is the back way to the King of Prussia public-house—they were in the passage a few minutes, and then came out—I followed Robins to Rosemary-lane, and when he got near his own house I said to him, "Are you going home?"—he said, "Yes, Mr. Fogg"—I said, "I am going home with you"—we went in, and he went up stairs—I went up after him—I said, "You have got some tobacco about you, give it to me"—he said, "Yes, I have"—he pulled off his coat, and I took about a pound of tobacco out of each pocket—he then pulled off his hat, and said, "You may as well have the rest," or, "You may as well have all of it"—I took the rest of this tobacco from his hat—I asked where he got it—he said he bought it of a man for 6s. 6d. but did not know his name, nor where he lived—I asked if he knew Cullum—he said he did not—I asked what he did up the passage of the King of Prussia—he said he went to see if anybody was playing at skittles—I took him to the station, and then went to the passage, where I picked up two or three small bits of tobacco—I took them and what I found on Robins to Mr. Huxley's shop, and after I had been there some time, Cullurn came in—I called him into the counting-house, searched him, and found two or three small bits of tobacco in one of his pockets—I asked what he was doing up the back way of the King of Prussia—he said he was not there—I said he was there with Robins or Rawlins—he said he never knew him—all the tobacco I found was 2 1/41bs.
Cross-examined by MR. PAYNE. Q. What you found in Cullum's pocket was very small? A. Yes—Cromarty was just a-head of me.
Cross-examined by MR. DONE. Q. How far is Church-lane from Mr. Huxley's shop? A. About 100 yards—it was near the Whitechapel end of Church-lane that the prisoners joined—I directed Cromarty to go a little before me on the other side of the street—I suppose Robins was waiting for Cullum when I first saw him—I saw them go up the passage which led to the back of the public-house—I saw Cromarty when the prisoners went up the passage—he had a better opportunity of seeing them than I had, as he was a-head of me, and was in disguise—they knew me, and I kept back—Cromarty was within a few yards of them all the time—there is a skittle-ground—there was no smoking or drinking there that day—I found the bits of tobacco in the passage, before you get to the skittle-ground.
MR. BALLANTINE Q. Had you seen Robins before Cullum went to him? A. Yes, waiting about.
DAVID CROMARTY . I am a Thames police-constable. I was with Fogg on the 14th of Dec., watching Mr. Huxley's shop—I saw Cullum come out, and followed him near enough to see what took place—I saw the prisoners join, and go into the back passage of the King of Prussia—before they went in I saw Cullum unbutton his coat, and give himself a hitch up, and when they were in the passage I saw Cullum give something to Robins, but I could not see what—I told Fogg of it—the prisoners did not remain above a minute in the passage—I afterwards went back with Fogg to the passage, and there we found the bits of tobacco.
THOMAS HUXLEX . I am a tobacconist, and live in Whitechapel-road. Cullum had been in my service eleven or twelve years—he worked at the manufacturing of tobacco—he was not employed that day at manufacturing this sort of tobacco, but he had access to it—I have not the slightest doubt that this tobacco produced by the officer is mine—it is the description of tobacco that he had access to—Cullum always goes to dinner at one o'clock—the wholesale value of this tobacco is about 11s. 10d.
Cross-examined by MR. PAYNE. Q. Did you know Cullum before he was in your service? A. I was partner with Mr. Ceal, of the Minories, in 1830, and he was then in his employ—I have heard that he worked there when a boy—this would be an unusual quantity of tobacco for a man to buy for his own use, but not for to sell again—this is in a fit state for sale.
(Cullum received a good character.)
CULLUM— GUILTY . Aged 35.— Confined Nine Months.
ROBINS— GUILTY . Aged 34.— Transported for Seven Years.
GUILTY . Aged 27.— Confined Three Months.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 42.— Confined Four Months.
GUILTY . Aged 18.— Confined Three Months.
496. JOHN LLOYD was indicted for stealing, on the 13th of Dec, 1 pewter-pot, value 1s., the goods of James Higgs: 1 pewter-pot, 1s., the goods of John Taylor: 2 pewter-pots, 3s., the goods of Joseph King: 2 pewter-pots, 2s., the goods of William Lane; and 2 pewter-pots 2s., the goods of James Bott: and that he had been before convicted of felony.
WILLIAM GLASSCOCK (police-constable D 22.) On Tuesday morning, the 13th of Dec., I was on duty at the Stock-bridge over the Grand Junction Canal, Paddington—I met the prisoner on the centre of the bridge—he asked the road to Maida-hill—I told him—I then asked what he had got about him—he said, "Nothing"—I put my hand into bis right coat pocket, and there found the upper part of a pewter-pot bent flat, with the bottom cot off—I asked where he got it—he said he found it in the fields—I took him to the station, and found in his underneath coat pocket the bottom of a quart pot, and in his hat the bottoms of two quart pots and five pints, and from his person he pulled out some other pots bent up—these are them.
HENRY STEVENS . I am in Mr. Bott's employ. On Tuesday morning, the 13th of Dec, I collected his pots—there were four quart pots, one pint pot, and a half-gallon can—I laid them on a heap of gravel at the end of the norsery-ground—I went away, came back in five minutes, and they were gone—
James Downes afterwards brought me a quart pot and a half-gallon can—these are two pots I lost from the place.
Prisoner. I leave myself entirely to the mercy of the Court.
GUILTY . Aged 45.— Transported for Seven Years.
JAMES DAVIDSON . I am a harness-maker, and live in New Compton-street, Soho. On Sunday, the 25th of December, about one o'clock in the morning, I was in High-street, St. Giles's—I had 10s. 6d. in my right hand trowsers' pocket—the prisoner came up to me, and wanted to speak to me—I turned about, and she put her hand into my right-hand trowsers' pocket—I took hold of her hand, and immediately missed three half-crowns and one shilling—I accused her, and she said she had not robbed me—I gave her in charge—the money was not found.
Cross-examined by MR. HORRY. Q. Where were you coming from? A. I had been out to supper—I had not been drinking any thing—I had my right hand in my pocket—I pulled my hand out, when she took hold of it—I had no reason for taking it out—it was not to catch hold of her arm—I am quite sure of that—I had supped near Smithfield—I did not take my money out to count it—I counted it in my pocket—I did not call any where after I left Smithfield—I changed a sovereign just before I started—I paid 9s. 6d., and had 10s. 6d. change—I had my hand in my pocket the whole way—I felt her take the money—I think she put her left hand in, and then she put her two hands together, and she would not let me have it—she stepped back—I did not see her throw the money away—I drank two glasses of gin that night, but nothing more—it was at a friend's private house I had supped.
COURT. Q. How long were you before you found the money was gone? A. As soon as she pulled out her hand I put in mine and took her left arm with my left hand—there was no one near us.
NOT GUILTY .
WILLIAM HENRY SINFIELD . I am a hat-manufacturer. I was in High-street, St. Giles's, on Sunday morning, the 17th of December, between twelve and one o'clock—I saw a crowd—I went to it—the prisoner was standing behind me, and deliberately took my handkerchief out of my pocket—I
turned, caught him by his arm, and saw him drop it—I picked it up—this is it—I held him till the policeman came, and gave him in charge.
Prisoner's Defence. There were two girls fighting; the prosecutor came and laid hold of my arm, and said I had picked his pocket; I had not been out a minute.
GUILTY . Aged 21.— Confined Six Months.
CHARLES TETTINER . I am shopman to George Cooper, a butcher, in the Commercial-road. On the 23rd of Dec., about nine o'clock at night, I was serving some females—one of them told me something—I then missed a piece of beef from the door-post, and a hook, on which it had been hanging—I had seen it safe about half an hour before—I went to the door, and saw the prisoner running with the beef in his hand about seven or eight yards from the shop—I ran and called out—I kept him in sight—he dropped it, and ran off—I took it up and ran after him—an officer stopped him without my losing sight of him.
GEORGE BANKS (police-constable K 342). I heard a cry of "Stop thief"—I saw the prisoner running down the Commercial-road, and Tettiner following him—the prisoner saw me, and began to dodge from one side to the other—I secured him.
Prisoner. The butcher did not see me take it; I beg for mercy.
GUILTY . Aged 24.— Confined Three Months.
JOSEPH UNWIN . I live at Limehouse. I was at the Needle-maker's Arms, Douglas-street, Limehouse, at five o'clock on the 26th of Dec.—the prisoner who I knew before was there—my shipmates, who went in to have a drop of porter, sat on the further side of the room—there was no room for me there, and I sat down next the prisoner, and fell asleep—I had these half-crowns and other money—I was asleep till near seven—when I awoke the prisoner was gone—the other persons were there—I went to look after the prisoner, and at last found her at Dickens', the pawnbroker's—I asked her to give me my money—I accused her a second time—she told me at last she would make it up to me, then she turned to and blackguarded me—I was sober—I saw one halfpenny at the station—I told the policeman if the halfpenny was there I could swear to it—this is it—I can swear to it—I took it that night fortnight at the Needle-maker's Arms—it is very much battered on the woman side.
JAMES HENDRY ANDREWS (police-constable K 104). On the night of the 26th of Dec. the prosecutor gave the prisoner in my charge for robbing him of two half-crowns, two shillings, two sixpences, and two halfpence—she said she had not got a farthing in her possession—I took her to the station—she tried to put her hand into her bosom—I took hold of both her hands till I got to the station—when I got there she dropped one penny-piece and two halfpence on the floor—she put her hand into her bosom—I took two shillings and two halfpence out of her hand—this is one of the halfpence.
CATHERINE BEALE . I am the wife of Joseph Beale. I searched the prisoner at the station—she said it was no good for me to search her, she had no money, she had given all to the policeman—she objected to undo her
stays—I insisted on having it done, and one sixpence and two halfpence fell from her bosom.
Prisoner's Defence, I never saw a farthing of his money; I said I had nothing but my own; I had 5s., all but a halfpenny, in my bosom, all my own.
GUILTY . * Aged 28.— Confined Six Months.
CHARLES RICHARD PARRY . I am a linen-draper, and live in Beech-street. These are my handkerchiefs—I had four lengths of three handkerchiefs each, tied with a piece of string in the door-way—they were safe about seven o'clock in the evening, on the 2nd of Jan.
THOMAS MOORE . I live with a cheesemonger in the New Cut. On the evening of the 2nd of Jan., I saw the two prisoners—I knew them before—Inwood pulled the handkerchiefs down from the prosecutor's door, folded them up, took them a little further, and gave them to Lloyd—they went through Red Lion-market—I gave information—some few minutes after a policeman was sent for—I went with him to the Barley Mow in Blue Anchor-alley, and pointed the prisoners out—he took them—when they got near the station, I saw Lloyd put his hand behind him, and drop some of these handkerchiefs.
Lloyd. Q. Why did not you halloo out? A. Because I was waiting to go in and tell the prosecutor.
ROBERT PACKMAN (City police-constable, No. 183.) I was sent for, and went with Moore to the Barley Mow—I then came out, and saw the prisoners—I took them to the station—soon after we got there a butcher came in and gave me two of these handkerchiefs—as we were going along, I saw the prisoners both bustling about—they had their coats buttoned at first, and when I got to the station they were both unbuttoned—I got three more handkerchiefs from a lad, and another I found on a boy in a court—these are six of them—that is all.
ROBERT LARKIN . I am a butcher. I saw the prisoners in custody—I followed them—I saw Lloyd had been trying to undo his waistcoat, and he was fidgeting about just before he came to the station—he put his hand up behind him, and lifted his coat, and six or seven handkerchiefs fell—I picked up two of them—I could not get more, there were so many persons about.
Inwood's Defence. He said he picked up four; I had not left home a quarter of an hour; I met Lloyd; he asked me to go and get a waistcoat with him; a policeman came and took us.
INWOOD— GUILTY . Aged 17.
LLOYD— GUILTY . Aged 17.
Confined Six Months.
ROBERT HENRY RIGARLSFORD (police-sergeant T 26.) About four o'clock in the morning of the 2nd of January, I was in company with Godfrey adjoining Mr. Stevens's premises at Stanwell—I saw the prisoner come into the form-yard—he had on his arms what appeared an empty sack—he went into a stable, first opening the door in the farm-yard—he remained there some time—when he came out he had a sack full of something; and went out of the
gates—I followed him over to his own premises, which are directly opposite Mr. Stevens's—he went into a barn of his own, and shut the door just as we got up—I remained there, and Godfrey ran round—when the prisoner opened the door, I asked what he had done with that sack—he said he had only been to Mr. Stevens's to get a little chaff for his horses—I opened the door, and found the chaff and the sack inside the door—I measured it—it contained six bushels of wheat-chaff.
Cross-examined by MR. BALLANTINE. Q. It contained six bushels in one sack, did it? A. Yes—that I swear—I do not know any thing of wheat-chaff.
EDWARD GODFREY (police-constable T 73.) I was with Rigarlsford about four o'clock in the morning of the 2nd of Jan.—I saw the prisoner come out of the farm-yard with a sack full of something—he ran into his own barn—I followed—when I came to his barn-door I found it fastened—I went to the back door, and found it locked—I waited there some time, and saw Woods, who worked for Mr. Stevens—I called for him to bring a light—I tried to get in at the back door, and while so doing, I heard Rigarlsford call that he had got him—I went round and took him.
SAMUEL STEVENS . I am a farmer, and live at Stanwell. I have a stable adjoining my premises—I had some wheat-chaff in it—the prisoner had no business in my stable—he might come into my straw-yard after his mare—he had no business with my chaff—I had not missed any chaff—I have seen this wheat-chaff, but I cannot exactly say that it is mine.
Cross-examined. Q. The value is about 1s. 6d.? A. Yes—I would give 1s. 6d. for six bushels of it for my own horses—I had had the prisoner's mare in my yard a week or ten days—I have known him for years—he fetched straw out of my yard by the load—I have taken perhaps 10l. or 15l. of him in the last six months—he has always been honest—he has on more occasions than one taken straw from the yard and paid for it afterwards.
JURY. Q. When his horses are going to work early in the morning, does he not have straw early? A. Yes—he paid me for having his horse in my yard.
NOT GUILTY .
RUTH MAY . I am a widow, and live with Mrs. Ann Westgate, in Devon-shire-street, Commercial-road. The prisoners took a furnished room in the house—I let it to Pratt, who said her name was Dowsett—her husband came at night, and they lived there together for more than five months—I went into their room on the 23rd of Dec.—Pratt was out—Dowsett was lying down on the bedstead—the bed looked very thin—I asked Dowsett where my flat irons were—he said he did not know any thing about them, I must look for them—I could not find them—on Saturday night, the 24th, I looked in the bed, and missed the bolster and pillow—most of the feathers were gone out of the bed—on Sunday afternoon, I saw Dowsett in Mrs. Westgate's room, and he said he had a great deal of trouble with his wife, and she was not his wife.
Cross-examined by MR. PRENDERGAST. Q. Did you not hear him tell Pratt that she was a bad wretch, that she ought to be ashamed of herself, and that she had wronged the old woman? A. Yes—that was in their own room, and the next day Dowsett came and spoke to Mrs. Westgate—he complained very bitterly against Pratt—I did not particularly hear what he said—I was going in and out—he said she had done very wrong—he did not
know what he should do with her—Mrs. Westgate likes Dowsett very well, and has nothing to say against him—he always paid her very honestly every week—she is 73 years old, and has got a compound fracture in one leg, and is paralyzed—she cannot come out—I always take the money of the other lodgers, but Mr. Dowsett always came in, and paid Mrs. Westgate himself—it was her nephew gave the prisoners in charge.
JOHN ELLIOTT (police-constable K 344.) I was called to Mrs. Westgate's on Tuesday the 27th of Dec., the prisoners were given to me—Pratt said she had pledged some of the things, and her husband had got the tickets—I found twenty duplicates on Dowsett—he said some of them related to the stolen property, and the rest were his own.
Cross-examined. Q. Did not Dowsett say that he had got the duplicates from Pratt? A. No—she said she had given up the duplicates to her husband—she did not say her husband had been speaking to her about it—Dowsett said he had not pawned them, and had nothing to do with it, that she had pawned them, and he got the duplicates from her—Pratt did not contradict any thing he said—nothing was said to me about their being married, bat at the station be gave his name William Dowsett, and she gave hers Keziah Pratt—he said she was not his wife, and she did not say she was.
WILLIAM CARPENTER . I am a pawnbroker, and live in Charles-street. I have two pillows, and a flat-iron pawned by Pratt, on the 30th of Sept., and on the 1st of Oct.—two of those duplicates produced by the officer are what I gave her.
MRS. MAY. I cannot identify either of the pillows which the pawnbrokers state were pledged by Pratt.
NOT GUILTY .
RUTH MAY . I let these premises to Pratt—Dowsett came and lived with her—we had a flat iron there on Monday morning, the 26th of Dec., and on the Tuesday morning it was pledged—I missed a bolster, and the feathers out of the bed, this is the bolster—I can swear to it—I cannot swear to this flat iron, but it is something like ours—this bolster is Mrs. Ann Westgate's.
Cross-examined by MR. PRENDERGAST. Q. She is not here? No—I know this bolster by a place that I sewed at the top—I only came for Mrs. Westgate as she could not come—this is her bolster.
Pratt. I sewed the holes up in that bolster myself. Witness. No, you did not, I sewed it myself.
Pratt. You would have had all the things back if you had been quiet, but you gave us in charge.
Cross-examined. Q. Then you do not know who pawned it? A. No, it is not my taking in.
Cross-examined. Q. He told you he knew nothing about it, that Pratt had given it him? Yes.
DOWSETT— GUILTY . Aged 38.
PRATT— GUILTY . Aged 43.
Confined Four Months.
WILLIAM BREWSTER . I am assistant to Mr. Charles Walter, a pawnbroker, in High-street, Marylebone. On the morning of the 22nd of Dec. I was at breakfast with him in the parlour about half-past ten. I saw the prisoner pass the parlour window—I had not known him before, but I am sure it was him—he had some coats with him—I ran out at the private door—I did not see him then—I went through several streets to Westmoreland-street—I there saw the prisoner looking round the corner, and saw part of the coats with him—I came up with him in Weymouth-street—he had these coats—I took hold of him by one arm, and said, "Have you got these for sale?"—he said a man gave him 1s. to carry them for him—he slipped from my arm while I was looking at them—he dropped some of them, and I dropped the others—he ran down Wimpole-street—I followed him for perhaps 200 yards—the policeman came up, and I gave the prisoner into custody—I did not lose sight of him from the time, and he dropped the coats—I went home, and looked for the coats, and missed them—they had been outside the door for the purpose of placing them up—I had seen them about an hour and a half before I fist saw the prisoner—they are my master's, and have the tickets on them.
Cross-examined by MR. PAYNE. Q. What do you mean by their being outside? A. The young man who attends to the sale had placed them outside, and I suppose his attention was taken off by some one attached to the prisoner—I saw them on the railing outside the shop—they were partly exposed.
ANDREW JOHNSTON (police-constable D 108.) On the morning of the 22nd of Dec. I saw Brewster and the prisoner together in Weymouth-street—I saw these coats drop, and the prisoner ran away—I picked up the coats, and went and took the prisoner—he said a man gave him 1s. to carry them for him—he struggled to get away—I took him to the station.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Four Months.
NEW COURT.—Thursday, January 5th, 1843.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 29.— Confined Three Months.
GUILTY . Aged 48.— Confined Six Months.
508. FREDERICK JOHNSON was indicted for stealing, on the 1st of Dec., 3 pairs of trowsers, value 6s.; 1 jacket, 6d.; 1 pair of drawers, 16d.; and 4 waistcoats, 9s.; the goods of James Thompson; to which he pleaded
GUILTY . Aged 26.— Confined Six Months.
GUILTY . Aged 40.— Confined Three Months.
WILLIAM MITCHELL . I am in the prosecutor's service. On Wednesday, the 21st of Dec., I saw the prisoner up stairs by the window while I and Stephen Curry were at play—she asked him if his mother was at home—he said, "No"——she told me to go down and shut the door—I did so, and was going up—I saw her coming down, and heard the spittoons gingle—I asked what she had got, and she had some spittoons in her apron—she said the boy told her to take them down.
Prisoner's Defence. On Wednesday I was not in the house at all; I was at work in my own house.
NOT GUILTY .
ELIZABETH CAMERON . I keep a broker's shop at Shadwell. On Tuesday afternoon some one came to my house with some spittoons—I cannot swear that these are them—I put them outside the door for sale, and Mr. Perkins, of the Duke of Wellington, passed by and purchased them.
NOT GUILTY .
512. HENRY DYER was indicted for stealing, on the 8th of Dec., 1 pair of stockings, value 6d.; 1 pair of breeches, 1s. 6d.; 1 pair of overalls, 1s.; 2 printed books, 1s. 6d.; 1 brush, 6d.; 1 hat-cover, 1s.; and 2 straps, 1s.; the goods of Thomas Harris.
THOMAS HARRIS . I am a coachmaker, and live in Adam's-mews, Mary-lebone. I missed these articles from my loft—in consequence of information I had the prisoner taken up, and my stockings were found on his feet—there was an empty stable adjoining mine, over that was a loft, and through a board there was the appearance of some persons having got in—these are my articles.
THOMAS PRESS . I keep a marine-store shop, in Brown-street, Edgeware-road. On a Thursday or Friday in Dec. I bought these breeches of the prisoner—I cannot recollect whether it was after the 8th of Dec.
Prisoner's Defence. I slept in the stable with a man, and one morning I awoke him; he said, "I have had no victuals this day and a half, I have got a few things in the loft, you shall have them for 4d.;" I had them of him; he said he was going on the tramp.
GUILTY . Aged 17.— Confined Six Months.
ROBERT BARTLETT . I keep a grocer's shop in Foley-street. I was at the back of my shop on the 2nd of Jan.—I was called, and missed a bag of coffee, which had been thrown down nine or ten yards from my door—I saw part of the coffee on the gound and part in the bag.
Prisoner's Defence. I was going to my father's, and this man stopped me.
GUILTY . Aged 18.— Confined Six Months.
JOSEPH WINTER . I live at the Castle tavern, in High Holborn. About nine o'clock on Sunday evening, the 25th of Dec., I was at the bar of the Crown public-house, St. Giles's—I missed my handkerchief from my pocket—this is it—I saw the prisoner there.
PATRICK MEEHAN . I live in Little Denmark-street. I was in front of the bar of the Crown, and saw the prisoner take the handkerchief out of the gentleman's pocket, and walk out—I am sure of that—he came in again, and then the prosecutor missed his handkerchief—I told the pot-boy, and landlady—the prisoner was followed, and it was found.
HENRY HALL (police-constable E 66.) I took the prisoner, but the handkerchief was returned back to the public-house—I found on the prisoner two tickets of two silk handkerchiefs to be raffled for at the Coachmaker's Arms, Long-acre.
Prisoner's Defence. The handkerchief was given up to the landlady; I had not got it at all; the landlady is here to prove it; I was very much is liquor.
GUILTY . Aged 20.— Confined Nine Months.
JOSEPH MILLER . I live in Acton-place, opposite the prosecutor's. About eight o'clock on Friday evening I saw three persons in the dress of butchers—the prisoner was one—he separated from the others, and went over to Mr. Barr's, unhooked the beef, and went up Pentonville-hill—I followed him, and held him, as he appeared about to rejoin his companions.
Prisoner. It was not with a felonious intent; it was in front of the shop.
GUILTY . Aged 26.— Confined Six onths.
516. JOHN HOSKING was indicted for stealing, on the 5th of Dec., 12 pawnbroker's tickets, value 1s.; and 2 sovereigns; the property of William Hickingbotham, his master.—Seven other COUNTS, varying the manner of describing the property.
MR. ADOLPHUS conducted the Prosecution.
WILLIAM HICKINGBOTHAM . I am a pawnbroker, and live in Kingsland-road. The prisoner was in my employ about fourteen months—he had 5l. a year—it was his duty to attend the warehouse, and throw pledges down the spout—in the course of business the low prized duplicates, those pledges that had gone out during the day, are to be crossed off as delivered, in the book—that did not apply to high pledges, only those under 5l.—I put a certain sum in the till in the morning, and all the money that I had was kept on the right-hand side, and what is expended, and all the cash received, and the tickets, on the other side—on the morning of the 6th of Dec., I cast up two of the columns of this book—I had found them to amount to 5l. 17s. the evening before, and that morning they amounted to 6l. 9s.—there were alterations in the column, in the prisoner's writing, and they made it appear right—I told my young man to fetch the pledges down, and see if I was correct—I found I was, and that these three 4s. had been inserted—I sent the groom for the policeman—at that time the prisoner was coming down stairs, and I stopped him—he said he wanted to go into the yard—I said he should not till he was searched by the policeman, for I was quite satisfied he had property of mine about him he then waited in my presence—I would not at him go out of the room—the policeman came, and searched him, but found nothing material—he then took him to the station—I went with him—he was then searched more particularly they took off his drawers, and found s✗ double duplicates on him amounting to 1l. 7s. 9 1/2 d., and two sovereigns—the effect of detaining these duplicates would be to prevent further inquiry about these pledges—we found in his box a diamond pin, some Excisetickets for saddle-horses, one very neat cigar-case, and two common ones—he said he found the Excise-tickets, and the pin he had given him by his cousin—I did not hear him say anything about the duplicates and the 2l.
Cross-examined by MR. DOANE. Q. What is your mode of doing business? A. put a certain sum in the till in the morning when business begins—it appears by the account-book in my writing, which I have here, that on the morningof the 5th of Dec., I put into the till 38l. 12s. 5d. in gold, silver, and copper—when pledges were redeemed the coin was to be added to that—of course the money would go into the till—any coin received over the counter would go in addition to the sum I have named—I have a man named Young in my service, and a warehouse boy under him, named John, and the prisoner—this book contains the pledges that came in that day, and these figures are the money lent on the articles named—this is the column of figures that I added up on the night of the 5th of Dec., which came to 5l. 17s.—I do not require any one to assist me in going over the books—I added these columns up, and put the amount down on a slate, which I rubbed out on the Tuesday morning I will undertake to swear that the amount on the night of the 5th was 5l. 17s.—I did not find anything wrong that evening, because I did not finish the book I had cast up two columns on the Monday evening about seven o'clock, and the third column was not finished in booking the pledges—I added up the remaining column on the Tuesday, and found that the cash in the till was 11s. 5d. short—I had made no addition or substraction from the account—it had been counted up in the evening after the business was done—there was 18l. 0s. 9d. in the till that night, and on the Tuesday morning I balanced the three columns in this book against this amount in the till, and two other books which are not here—it was by the aid of the two other books that I say there was a deficiency of 11s. 5d.—I keep the other two books myself—I do not make all the entries in them—they relate to pledges taken in and sent out—I did not count the money in
the till on the night of the 5th of Dec.—my young man did—it was from his statement that I arrived at the amount that was in the till—the alterations in the middle column are the insertion of these three 4's, which are ticked—of course I could not have made out the deficiency without taking into account the sums mentioned in the books which are not here.
COURT. Q. This 11s. 5d. will appear from this book which is here? A. Yes—I made up the deficiency from this book alone—there is no alteration in the other books—I made out the deficiency from the three books, not from this alone.
JURY. Q. The three books were necessary to balance the cash account? A. Yes—when I cast this column up the night before, and again the next morning, there was 12s. more in it—I referred to my other books before I gave him into custody.
MR. DOANE. Q. Was it by balancing the cash with all the books that you in the first instance found a deficiency of 11s. 5d.? A. Yes—I then found an addition of three figures—that did not enable me to find out the deficiency at first, but going through all my accounts, and now I find an addition of three 4's, which makes my account balance—I can take my oath that to the best of my belief these alterations are in the handwriting of the prisoner—show me a hundred figures, and I will pick out his 4's amongst them—neither of these fours were in the book when I cast it up the night before—they might be put in afterwards—it was the prisoner's duty to cross the duplicates out in the book, and leave the duplicates in the bo for me to cast up in the morning, to see that they tallied—I had not go over the duplicates that morning with him—he had nothing to do with the—I did not call his attention to any duplicates he had received—I did not know he had any.
MR. ADOLPHUS. Q. In whose handwriting is this book? A. Mr. Your's—these fours are not his writing—I believe they are the prisoner's—I have knowledge enough of his handwriting to know—I looked through the book, and I think I can find three or four hundred insertions—my knowledge of he other books was sufficient to direct my attention to this book—on the night before I cast up, and kept on a slate the amount of this column—the next morning the figures were on the slate, and when I cast it up again it was 6l. 9s.—it was by comparing what was on the slate and what I made in the next morning, that I found the difference—the money I put into the tills for the current business of the day, that when a person comes in they may have money—it was the prisoner's duty to put the duplicates into a box ma✗e on purpose, for me to cast them up—when the pledge is redeemed the two tickets are pinned together, and we reckon them as one—we are bound by ticket of Parliament to keep them twelve months, so that they are ready to give in evidence if required—they are put first into the box for me to cast us, and then they are filed for me to keep—I went through the duplicates that were found on the prisoner, and then the general deficiency on the whole of my account was 1l. 19s. 9 1/2 d.
JAMES YOUNG . I am shopman to the proseuctor. This book is my keeping—these three figures are not my writing—I cannot swear whose they are, but they very much resemble the prisoner's—I should suppose they were his—he had access to the book—John has nothing to do with the money going in or out.
ALLAN CAMERON (police-constable N 91.) On the 6th of Dec. I was called to the prosecutor's house, and the prisoner was given into my custody—I searched his pockets at the house, and not discovering anything but a sixpence and some copper, I took him to the station—I there searched him
more minutely, and took off every article he had, with the exception of his shirt and stockings—I found this silver snuff-box concealed in the flap of his shirt—he endeavoured to get it out before me—the shirt was rolled up, and put inside his drawers—I then found this purse, containing two sovereigns—I then discovered these duplicates nearly in the same place in his shirt tail—he bad pockets in his clothes, which would have contained all these things—I searched his box, which was shown me by the prosecutor—I found in it some Excise tickets and cigar boxes, and a diamond pin.
JAMES YOUNG re-examined. Three of these duplicates are what were taken in that day, I am quite positive, and their counterparts—the amount of money received for these duplicates were 12s., without the interest—the amount of all the duplicates found on him is 1l. 6s. 6d., and the interest on them would amount to 1s. 10 1/2 d.
Cross-examined. Q. Did you deliver these tickets yourself? A. Yet, I delivered them all—I have written on the back of each of them the interest I took on them.
(The prisoner received a good character.)
GUILTY of stealing the duplicates. Aged 16.— Confined Two Years.
(The prosecutor stated his loss to amount to 240l.)
GEORGE FAIRBRASS . I am a leather-seller, and live in Richard-street, Limehouse-fields. I put a copper outside my door for sale on the 28th of Dec.—I saw it safe about two o'clock—I went out, and returned at half-past three o'clock—it was then gone—this is it.
HENRY FREDERICK WATSON . The prisoner came to me last Wednesday week, and asked if my brother was at home—I said, "No"—he said, would I buy a copper—I said, "No"—he went, and brought this copper, and asked to leave it—he came again in the evening, and I gave him into custody, with the copper.
Prisoner's Defence. I was standing at the corner of Catherine-street; a man came and asked me to go to Mr. Watson's; I went and asked the witness if his brother was at home, he said, "No;" I went back; the man told me to go and ask the man to let me leave the copper; I did, and she gave me 2d., and a pint of beer; he told me to go again in the evening to the Angel and Trumpet; he sent me again to Mr. Watson's, and the officer was there; I said the person was at the Angel and Trumpet, but he would not go with me there."
GUILTY . Aged 21.— Confined Three Months.
518. JAMES HERRING was indicted for stealing, on the 16th of Dec., 13lbs. weight of silk, value 17l. 18s.; the goods of James Jones, and another: and 1 bag, value 1s.; the goods of John Alexander Brandon: 2nd COUNT, stating them to be the goods of John Alexander Brandon.
JAMES PAYNE . I live in Fort-street, Spitalfields. I am in partnership with James Jones—between five and six o'clock, in the evening of the 16th of Dec., I weighed out thirteen pounds of silk, and gave it to Daniel Taylor who took it away in a bag—it was worth about 17l.—it has never been found.
and Tent—I was not absent more than ten minutes—when I came back the silk was gone—I had left Moss in care of the cart.
CHARLES MOSS . I was in the cart, and the silk was in it—Taylor went into the public-house—the prisoner then came, and asked me whether we had any work in the cart—I said we had a little—he asked whether I knew Mr. Cunningham—I said, "I did not"—I asked him what sort of a man he was—he said he had got red whiskers—he then asked if I would go to the Northumberland Head, and ask for Mr. Cunningham—I did so, and when I came back the prisoner and the silk were gone.
Prisoner. He said I offered him a few halfpence to go. Witness. Yes you did.
MR. PAYNE re-examined. The silk went out in a bag very much like the one now produced—I believe this is the bag.
ELIZABETH THOMAS . I live in Mill's-court, Curtain-road. The prisoner lived with me—he came home on Friday night the 16th of Dec., and brought this bag—he said to the woman he is living with, "Here is a bag for you, old woman"—I am sure this is the bag he threw down.
Prisoner's Defence. I went several days without food, from one breakfast to another, and because I promised to pay Mrs. Thomas 6s., and could not, she says this; I gave three pots of beer for that bag in a public-house.
GUILTY . Aged 22.— Confined Twelve Months.
JOHN SIMMONDS . I live with my father Thomas Simmonds, in Crawford-street. About half-past nine o'clock at night, on the 29th of Dec, the prisoner came to purchase a set of brushes—I showed him a set, and told him they were 3s.—he offered me 2s., and then half-a-crown—I would not take it, and he would not have any, but chucked them down and went away—a little while afterwards a policeman came and asked if I had missed a brush—I looked and missed it—this is it—it is my father's—I had not sold it.
GUILTY . Aged 33.— Transported for Seven Years.
SARAH SQUIER . I am eight years old—I know what will become of me if I do not tell the truth—my father's name is Henry Squier—on the 5th of Dec. I met the prisoner—she laughed and said, "I have got some nice fish for your mother"—she then said, "Come along with me, I want the pattern of your cloak"—she walked a little way, and said she would ask my mother whether I might go—she stood me before a baker's shop to hold her basket till she came back—then she said, "Your mother says you may come"—I then went with her to the other side of Farringdon-market, where she stood me up on the coffee shop steps, and said, "Give me your cloak, and I will
come back with a work-box, and a coral necklace, and your cloak"—the did not come back—I am sure she is the person.
JAMES HITCHCOCK . I am a pawnbroker. This cloak was pawned on the 5th of Dec. by a young woman about the age and size and general appearance of the prisoner—I could not swear to her, but to the best of my belief I should say it was her.
GUILTY . Aged 20.
JANE ALLEN ROWLAND . I am eight years old. I know what will become of me if I tell a falsehood—I am the daughter of Catherine Rowland. On the 5th of December I was going along near the Angel at Islington—I met the prisoner—she said, "Halloo, Jane, how do you do?"—(I did not know her before)—she then asked me where I was going—I said, "To my cousin's, to take these fish"—she said, "She is not at home, I have just been to your cousin's, and in a quarter of an hour I am going again; shall I take your fish?"—I said, "Yes"—I then went on to the corner of Hopkin's-street, and she took my cloak, and said, "Your mother said you was to have it braided"—she took it, and said she would bring me the cloak, and a shawl, and a coral necklace—this is my cloak that she took, and this other cloak is one that she had—she said she was going to ask my mother if I might have one like it.
GUILTY . Aged 20.— Transported for Ten Years.
(There was another indictment against the prisoner.)
HENRY BENNETT . I am in the service of Mr. George Baker, of Russellsquare. On the 29th of Dec., about six o'clock, I was walking through St. Andrew-street, Seven-dials—I felt a twitch behind me—I turned, and saw my handkerchief in the prisoner's hand—I took it out of his hand, collared him, and gave him into custody.
Prisoner. This gentleman turned back and caught me, and took this handkerchief off the ground. Witness. I saw it in his hand.
GUILTY . Aged 16.— Confined Three Months.
RAYMOND ROSE . I am in the service of Mr. James Cover. On the 30th of Dec. the prisoner came into the shop, took this piece of mutton from the board, and put it under her shawl—she then looked at two or three pieces of meat, but purchased nothing—she walked out, and when she had got about four steps from the door, on the pavement, I took her, and found the mutton on her.
Prisoner. Q. Did I not ask you the price of the pieces? A. No.
Prisoner. I went with a fellow-lodger, and had something to drink; I said I would go and get some bits of meat; I asked the price of the pieces of beef,
and they were not very good; I took this bit of mutton, and was going to the door to ask her if she would buy half of that; the man said, "Put that down," and I did; I had no intention of doing any thing wrong. Witness. She had the mutton concealed under her shawl; she had some halfpence; I did not see any silver—she was not drunk—she got four or five steps from the door, opposite the next house.
GUILTY . * Aged 57.— Confined Three Months.
524. ELIZABETH HAINES was indicted for stealing, on the 27th of Dec., 1 pair of boots, value 4s.; 1 pair of goloshes, 5s. 6d., and 1 pair of shoes, 8s.; the goods of Anna Maria Nelson; and that she had been before convicted of felony.
JAMES FLIGHT (police-constable B 128.) I was in a pawnbroker's shop, on the 27th of Dec., and the prisoner came in with these things—when she went out I followed her, and asked her how she came by them—she said she lived in Sloane-street, and her mistress sent her to pledge them—I went with her to Sloane-street, and she then said her mistress was not at home—I said, I should take her to the station—she then wished me to take them and let her go.
Prisoner. They were given me to pledge.
GUILTY . Aged 26.— Transported for Seven Years.
BASSILS MIDDLETON . I am a tobacconist, and live in Princes-street, Ratcliffe-highway. On the 30th of Dec., about two o'clock in the morning, I was going home—the prisoner passed me, and I felt my coat pocket touched—I accused her of taking my handkerchief—she showed me where it was on the ground—I stooped to take it up, and while I did so the prisoner put her hand into my pocket, and took out two sixpences—I spoke to her—she took me by the arm, and said, "You are going home with me, my dear"—I walked with her till we came to the first officer, and gave her in charge—I am sure she took the sixpences.
HENRY BIGSWORTH (police-constable H 107.) I took the prisoner into custody—I found these two sixpences on her—the prosecutor had before stated that he had lost two—the prisoner said that he had given them to her for a certain purpose—he said she deliberately took them out of his pocket.
Prisoner. He gave me two sixpences—it was not in the Highway at all, it was in Princes-square.
B. MIDDLETON re-examined. It was in Ship-alley—I did not give them to her at all—she showed me where my handkerchief was lying, and then she put her hand into my pocket, and took out the two sixpences and some halfpence.
JURY. Q. Where had you been? A. Out with some friends—there was no mark on the sixpences—I took hold of her hand with the two sixpences in
it—I had only left a house three doors off—the sixpences were in her hand when the officer took her.
Prisoner. Q. Did you not offer me the two sixpences, and say you did not like to go to a house, as you were a married man, and were afraid your wife should know it? A. No—you did not offer me the two sixpences back—you walked up towards the square, and I had hold of you—you put your hand into both my waistcoat pockets as I was rising from the ground—I did not say that I took the halfpence out and put them into my trowsers-pocket—my coat was not buttoned—I told the officer the marks that one of the sixpences had on it.
Prisoner's Defence. That sixpence is not his at all; it was my own; I said to the policeman, "Here is the shilling."
GUILTY . ** Aged 27.— Transported for Ten Years.
THOMAS SKEEN . I am a tobacconist, and live in St. Alban's-place, Edgeware-road. About seven o'clock at night, on the 3rd of January, I was going along the New-road—I felt a twitch, turned round, and saw the prisoner and another man—I said, "You have got my handkerchief"—the prisoner then dropped it—he and the other man ran away—I picked it up, and ran after them—I did not lose sight of the prisoner till he was stopped.
Cross-examined by MR. CLARKSON. Q. From which hand did he drop it? A. I can hardly tell—I did not lay hold of the other man—I had no opportunity of taking him—I am quite sure I did not believe I laid hold of the other man.
Q. Did you not state that you were not sure, but you believed you did not? A. I have since recollected myself; I am sure I did not—it was the act almost of an instant—I turned, and the handkerchief was thrown down—I do not remember that the other man said, "There is your handkerchief"—I do not think the other man threw the handkerchief and said, "There is your handkerchief"—to the best of my belief, he said nothing—I turned round suddenly and said to them, "You have got my handkerchief"—I cannot swear whether the other said, "There it is," but the prisoner threw it down.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy.— Confined Three Months.
ELIZABETH RUFFELL . I am the wife of Harrison George Rufiell. The prisoner was in our service—I sent him out with ten loaves on the 28th of Dec.—I expected he was going to take the whole of them to Mrs. Lailey, and she pays on Saturdays—when he came back he put down 2s. 1d.—I said, "What is this for?"—he said, "For five loaves that I have left Mrs. Fisher; Mrs. Lailey only wanted five, and I took the remainder on to Mrs. Fisher"—he booked five loaves to Mrs. Lailey, which I placed to her account—in the evening Mrs. Lailey came to the shop, and it was mentioned either by her or by me, the small amount of bread she had had that week—I said, "You have only had five to-day"—she said, "I have had none to-day"—I said, "You
have had five booked to you"—if Mrs. Fisher had the whole ten loaves, I ought to have had 4s. 2d.
Prisoner's Defence. I left five with Mrs. Lailey, and five I sold to Mrs. Fisher.
GUILTY . Aged 31.— Confined Three Months.
GRISMOND WILSON . I am shopman to Mr. Thomas Packard Clements, of Judd-street. On the 31st of Dec., about ten minutes to four o'clock, the prisoner came in for some trifling article, and wished to see some ribbon—when she was gone I missed some ribbon—I fetched her back, and she dropped three pieces before I brought her into the shop, and one piece in the shop—this is the piece which she dropped in the shop—all four pieces are my master's.
Prisoner's Defence. I went in to ask for some blonde, and he said I had better have some ribbon; I said, "I do not want any;" he said, "I will sell you some cheap;" he pulled out the box, and some dropped, which I picked up.
GUILTY . Aged 15.—Recommended to mercy.— Confined Ten Days.
RICHARD PYNE . I keep the Bell, in Wellington-street, Strand. On the morning of the 29th of Dec. the prisoner, and another man, came in—they had a glass of rum-and-water, then called for a cigar each, and staid smoking—then they called for a pint of beer—I drew it, and went down to call our young man up, during which time the prisoner and the other had left, and I missed a box of cigars—I gave information to the police—they had not paid for the beer—we went, and found the prisoner in about ten minutes, at the Artichoke, counting out the cigars on the table—I said he had robbed me of my cigars—he was trying to get away, and I gave him in charge—I am certain the cigars are mine.
Cross-examined by MR. PRENDERGAST. Q. How do you know them? A. From the party I bought them of, and by the quality—I can match them—Mr. Baker is the manufacturer—he sells by retail—he lives in the Strand, within 100 yards of my house—I know these cigars are mine—they were in a box when they were in my house, but I did not find any box—there were no other persons in my house but the prisoner, and the other man—it was after five o'clock in the morning—we open sometimes at four—it is not a night house—we are sometimes open all night, but not generally—I have not kept it open all night for any length of time—during the last fortnight I have kept it open some nights, only the bar part—when I went to the Artichoke I did not see the package of cigars there, but I found sixty-one cigars—I do not know how many I missed—when I bought the box it contained more than 100—when I saw it last it was about three parts full.
GUILTY , Aged 24.— Confined Three Months.
530. JOHN CARTER and WILLIAM DEANE were indicted for stealing, on the 22nd of Dec., 1 tobacco-box, value 12d.; 1 sovereign, 1 half-sovereign, 1 crown, and 1 shilling, the goods of Thomas Haynes, from his person.
THOMAS HAYNES . I am a labourer. I was at the Plough, at Ealing, on the 22nd of Dec.—I had a tobacco-box, containing a sovereign, and the other money stated, in my pocket—the prisoners sat close to me, Carter on my right hand, and Deane on my left—there were other persons on the other side of the tap-room, but only the prisoners sat by me—I missed my box, and a sovereign and a half, a crown, and 2s.—the prisoners went out—I went after them and overtook them going towards Brentford as hard as they could go—they went to the Magpie and Stump—I went for a policeman, and had them taken.
Cross-examined by MR. DOANE. Q. You had a sovereign, a half-sovereign, a five-shilling piece, and two shillings? A. Yes, in a steel tobacco-box—I had not been drinking long—I was quite sober—I had nothing to drink at the Magpie and Stump—I walked with the prisoners part of the way to the Magpie and Stump—I did not tell them what I had lost.
JAMES CUSHIEN (police-sergeant T 15.) I went to the Magpie and Stump—I told the prisoners the charge against them—Deane said, "All the money I had got when I came to Brentford was one fourpenny-piece," and Carter pulled out his money, and said, "This is all I have," and that was a sixpence in silver, and 2d. in coppers—I then heard something fall from Deane—I said, "That is a crown-piece, I know by the report"—Deane said, "That is my money"—I searched Deane, and found a sovereign, and a half-sovereign, in his trowsers' pocket, and a bad shilling, and a knife.
CARTER— NOT GUILTY .
DEANE**— GUILTY . Aged 26.— Transported for Ten Years.
ANN WILLIAMS . I am the wife of Benjamin Williams, we live in Brook-street, Stepney. On the 3rd of Dec. I missed my husband's coat, handker-chief, and hat, from behind the door—this is his coat—I have seen the prisoner, but not in my house.
Cross-examined by MR. HORRY. Q. You had seen him another day? A. Yes.
HENRY KINGSFORD . I am shopman to Mr. Wood, pawnbroker, Ratcliffe Highway. This coat was pawned on the 3rd of Dec., by a female in the name of Mary Davis, and on the 16th the duplicate was offered by a female named Carr, and was detained—this is the duplicate.
JOHN CARR . I am a labourer, in the East India Docks. On the 3rd of Dec., I went to a public-house in Brook-street—the prisoner was there—he asked if I wanted to buy a ticket of a coat—I bought it, and sent it to redeem the coat from the pawnbroker's, and it was detained—this is the duplicate.
Cross-examined. Q. You sent your sister to redeem it. A. Yes.
Cross-examined. Q. Did he say he had had the ticket of a female? A. No—I told him I took him on suspicion of stealing a coat—he said he knew
nothing about it—I was at his examination before the Magistrate—I never heard him say he had the ticket of a female.
COURT. Q. Did you see Mr. Ballantine sign this deposition? A. I did—(read)—" The prisoner says I know no more about the coat than you do"—on the deposition being read he says, "I bought the ticket of a girl."
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Four Months.
JOHN WEST . I occupy a house at Hounslow, next door to Mrs. Mary Davis's house, from which the copper was taken. On the 19th of Dec., I discovered that house was unfastened—I went to make it secure, and saw the prisoner in the yard with a short ladder, which did not surprise me, as he was in the habit of going there at all times—I went into the kitchen, and there was no copper there then.
REUBEN HALL (police-constable T 181.) I had missed a copper from this empty house—I went to Mrs. Mills, and found a copper there—I had not seen it before it was taken away—Mr. Thomas Baker was in Mill's shop, and he said, "That is mine "—the copper was marked in my presence—I was going down the town, and met the prisoner—I said he must consider himself a prisoner for stealing that copper which I had in my hand—he went on to Mrs. Davis, plunged in at the door, went into the kitchen, and sat down by Mrs. Davis—he said to her, "Aunt, do you mean to prosecute me?"—she said, "I shall leave it all to the policeman"—he jumped up directly, and said, "D—your b----eyes, you Nipper, you mean to transport me, I will have your b----life first"—he came and struck me—I seized him by the collar—he caught me by my hair, and beat me with his left hand—we struggled a quarter of an hour, he swearing he would have my life, before I should take him.
WILLIAM THOMAS BAKER . A child came for me—I went to Mrs. Davis, and she told me something about the other house that I had the key of—I went there and missed the copper—this copper was found at Mrs. Mills—I do not know whose it is.
Q. You said it was yours, it is here now, whose is it? A. I cannot say.
SARAH MILLS . On the 19th of Dec., about half-past seven o'clock, the prisoner came to my place, and asked whether I would buy a copper—I asked if it was his own—he said it was—I marked it, and bought it—it was not identified by anybody in the prisoner's presence—it was taken away almost directly.
NOT GUILTY .
ELIZABETH BYFIELD . I live in Great Smith-street, Westminster. On the night of the 23rd of Dec., I was sitting behind my counter—the prisoner came in, and asked if I sold shirt-buttons—I said no—he turned round, caught up the stays, and ran away with them.
Prisoner. I never was near the shop. Witness. I have not the least doubt of him—he has got a mark on his cheek, and he had a red handkerchief round his neck—I had a full view of him while he was asking where he could get the buttons—I could swear to the handkerchief on his neck, and the mark in his face.
GUILTY . Aged 17.— Transported for Seven Years.
(There was another indictment against the prisoner.)
534. EDITH RUGG was indicted for stealing, on the 15th Dec., 1 petticoat, value 3s.; 3 aprons, 1s. 6d.; 3 wrappers, 4s.; 1 blanket, 3s.; 1 sheet, 2s.; 1 wine-glass, 6d.; 1 flat-iron, 1s. 6d.; 1 spoon, 6d.; 1 habit-shirt, 2s.; 2 napkins, 8d.; 1 scarf, 1s.; and 1 shift, 8s. 6d.; the goods of John William Fegar:—also, on the 19th of Dec., 1 nipple-glass, 2s.; 1 sheet, 2s.; and 2 bedgowns, 2s.; the goods of John William Feger; and that she had been before convicted of felony; to which she pleaded
GUILTY . Aged 49.— Transported for Seven Years.
(There was another indictment against the prisoner.)
535. MICHAEL JARDIN was indicted for stealing, on the 26th of Dec., part of an engineer's turning-lathe, called a mandril and centre chuck, value 10l.; one other part called a popet-head with cylinder, 5l.; one other part called a back-centre, 5l.; the goods of Francis Jardin.—2nd COUNT, calling them three several parts of an engineer's turning-lathe, value 20l .
EDWARD KING (police-sergeant S 10.) I was sent for to examine the prisoner—the prosecutor told me he had stolen these articles, and I found these duplicates for three pieces of a lathe at the prisoner's feet.
GUILTY . † Aged 22.— Transported for Seven Years.
536. WILLIAM CLAY and JOHN MAHONY were indicted for stealing, on the 29th of Dec., 1 comb, value 3d.; 1 half-crown, 4 shillings, 1 sixpence, 2 pence, and 2 halfpence; the property of William Holliday, from his person.
WILLIAM HOLLIDAY . I am a pot-man at the Royal Oak, Stepney. On the night of the 29th of Dec., the prisoners were in the tap-room, and I and my fellow-servant John Spiller—we were asleep—I had a comb, a half-crown, four shillings, a sixpence, and three pence in my pocket—I awoke by some one feeling my pocket—I saw Clay going from me, and heard some money fall—I picked up a half-crown—I sat down again, and saw Clay stoop and pick up a shilling—I told him it was my shilling—he said it was not a shilling, only a piece of paper—then both the prisoners went out—the money had been in my left-hand waistcoat pocket—I missed four shillings, a sixpence, and a comb, and brush—Mahony was sitting by Clay's side—I am sure I saw something fall from Clay, and I found the half-crown—my money was right when the prisoners came in—there had been other persons there, but they were almost all gone before I went in.
Clay's Defence. I was asleep with my head on the table when the money was dropped; there had been plenty of persons there before us.
NOT GUILTY .
THOMAS DAVIS . I am apprentice to George Dadd. On the 30th of Dec., I watched the prisoner and another man with him—I heard the prisoner whistle—they walked backwards and forwards—I saw the prisoner take my master's table, and carry it a little way—I took him.
Prisoner's Defence. I was coming by a court close by the prosecutor's shop; a man was trying to turn the court with a table; he ran against me; the boy came and took me, and the man ran up the court.
GUILTY . Aged 26.— Confined Three Months.
MR. DOANE conducted the Prosecution.
ROBERT THOMPSON . I am a private in the second battalion of Scotch Fusileer Guards, stationed at the Tower. About half-past seven o'clock on the morning of the 27th of Dec., I was proceeding down Upper Thames-street, to get to my barracks—when I came opposite to Mr. Cooper's ware-house, where I have occasionally worked when off duty, I saw some men putting a large bale of wool on a truck—I could see it was wool by what stuck out—I have been engaged in moving these things myself a good many times—I could not say how many men there were—I cannot speak to any of them.
JOHN BARKER (City police-constable, No. 446.) I was on duty between seven and eight o'clock in the morning of the 27th of Dec., in Thames-street—I saw a truck at Mr. Cooper's warehouse—the two prisoners were with it—there was a large bale in the truck, apparently bulky—I followed them—they went from Thames-street to Queen-street, and at length got into Milk-street—when they got there, they stopped—they are repairing the street there—I went up to them, and asked them what they had got in the truck—Alger said, "A bale of wool"—I asked where they were going to take it to—he said to the Axe Inn—I said I was afraid there was something wrong about it—he said, "It is all right (pointing to Scott), Scott will produce a note to certify it is all right "—Scott produced this note—(read)—" Dec. 27, 1842. Please receive for me one bag of wool, C. Schlurmock."—I told them to take it to the station, I was not satisfied with their statement—Alger said, "For God's sake, Barker, don't take me, if you do I am a ruined man "—I desired them to take the truck to the station—Alger made off towards Cheapside—I called to Roberts to go after him, and bring him back—he did so—we got to the station—I asked the prisoners where they brought it from—Scott answered he brought it from Brown's warehouse, in Upper Thames-street—I took Scott to Brown's warehouse to see if it was a true story—when I got to the warehouse it was locked up—Scott then said, "Oh, I did not have it out of the warehouse, it was lying in the road by the side of this post," pointing to an iron post—I asked him who delivered it up to him—he said, "Two men "—I asked him who they were—he said he did not know, one was tall, and the other short—I took him back to the station—when I got back I searched him, and found this key in his pocket.
Cross-examined by MR. BALLANTINE. Q. The first person you spoke to was Alger? A. Yes—Scott did not ask me to let him go on to the Axe inn.
Scott. Q. Did I not go and move the ladder and the pail? A. I did not see you—you never said, "Let me deliver it at the Axe, according to my note, and a person is to be there to take it at eight o'clock "—I did not help to load the truck.
EDWARD ROBERTS (City police-constable, No. 47.) I was applied to by Barker to secure Alger—he and Scott were talking to Barker—Alger then walked away—I called to him several times, and he did not take any notice—then he ran, and I took him—I heard the conversation about the wool, and where it came from, as Barker has stated—he has given a correct account—when I took Alger, he said it was a bad job.
Cross-examined. Q. What had you said to him before that? A. I had said nothing, that I swear—he said it was a bad job after I stopped him, immediately as I caught hold of him—I caught hold of him by the collar of his coat, I believe, but cannot say for certain—I am not aware that any body heard him say it was a bad job—there was nobody but him and me near—it was two or three minutes before I got him back to the other prisoner—I was twenty yards from Barker—Alger said it was a bad job before we got any part of the way back.
FRANCIS M'LEAN . I am a City police-inspector. On the 28th of Dec., I went to the double hood warehouse, where Mr. Cooper's warehouses are, I got into the second floor of the warehouse—I saw the staircase at the back, which was divided by a wooden partition—I examined the partition, and the upper part had been removed—there was sufficient removed to enable a man to pass over—there appeared some marks on the boards at the bottom of the partition—I found these two wrappers on Calvert's side of the stairease partition, which divides Mr. Calvert's from Mr. Cooper's—a day or two after I took these two bags to have them fitted on some wool—I saw them fitted to two masses of wool—they appeared to fit—I was present when the wool was weighed.
Cross-examined. Q. In whose premises did you find these bags? A. In Calvert's, near the partition which separates Calvert's from Cooper's—I should imagine they were thrown over the partition—they could not have got through the opening if they had been full of wool—there was not room in this opening for the wool to have been taken through.
JOHN CLEMENTS . I am a labourer employed by the prosecutor. I had been sweeping the rooms at his warehouse about a fortnight before this day—I saw two bales of wool standing there similar to these—they had marks on them similar to these on the wrappers.
Cross-examined. Q. Where about did you see them? A. In the back part of the warehouse, two floors higher up than Mr. Calvert's—there is no floor on a level with Mr. Calvert's—I saw the hole in the stairs at the baek of the warehouse—the next room is Mr. Cooper's.
JOHN COOPER . I am the owner of a great part of these warehouses in Thames-street—there are six stories from the ground to the top—the two lower ware-houses are occupied by Calvert—the four above belong to me—there is a door in Thames-street, which leads to the stair-case leading to the four stories that belong to me—there is a gateway in Thames-street, which leads to a yard which leads to the back premises—there is a stair-case at the back of the premises, which, if there were no impediment, would lead from Calvert's premises to mine—it was blocked up some time ago, so that no one could go up or down—the partition cut off all communication between my premises and Calvert's—I did not see the partition till it was replaced again—if any one had got into Calvert's through a loop-hole, they could have got to the yard,
and from there to this stair-case—if a part of this partition were removed from the top it would enable a person to scramble over, and get to my premises—I found two bales of wool gone—I had had them upwards of six years—they were remnants from a public sale—these two covers have Nos. "236 and 237" on them, and "I M A "—they are the covers of the two bales I had there—I saw the wool at the station—it divided itself into two complete bales—I saw them put into these covers, and they fitted exactly—I saw the wool weighed—it corresponded with the weight of these two bales that I have in my books—one, No. 236, weighed 1cwt. 3qrs. 17lbs.; the other, No. 237, 1cwt. 3qrs. 2lbs.—I found a wrapper round the wool as the policeman found it—I cannot swear to it—I have 100 such about my premises—that wool has not been repacked—it had been on public sale, consequently one end has been pulled out—they pull out an immense mass of it at the end which has been on show—it had been sold, but I think they must have escaped the recollection of the party, as they have never been fetched away—Alger had been in my service seven or eight years—he left my service on the 10th of Dec.—I have heard that he and Scott are brothers-in-law—I have no means of knowing that they are so—the wool is worth about 30l.—my clerks hire labourers—I have heard that Scott has been employed occasionally.
Cross-examined. Q. When had you last seen these packages containing the wool? A. I do not know that I ever saw them—I know them by the marks—I suppose I have 50,000 bales of wool through my hands in a year—in this cargo I had 272 bales of the same mark—I saw a great part of them—I dare say I saw the whole 272 bales—I did not see these two particular bales in the warehouse—I did not know they were in the warehouse, only by my books—my book-keeper is here—it is his duty to receive bales, and enter them in my books—except by my books, I do not know any thing of these—they ought to have been kept in the double-hooded warehouse—I do not know how far from the partition they were—I cannot state whether they were in No. 3 or No. 4—I only know that I had them by my books.
MR. DOANE. Q. You have heard where Clements says they were; supposing any body was there, could they have pitched them out of the loop-hole? A. Yes, it is the easiest thing in the world—that is the way they always go—I know I had two bales.
WILLIAM ROBINSON . I am a labourer in the service of Mr. Cooper. I saw the wool produced by the police at the station-house—I saw the two cases fitted to the two parcels of wool—Clements and I put them on the two parcels of wool—they fitted exactly—I weighed them myself—Mr. Cooper gave the correct weight just now.
WILLIAM DOWDNEY . I am a labourer in the cooperage department of Messrs. Calvert's, which is by the waterside, not far from Mr. Cooper's warehouse—Scott was a labourer in Calvert's yard—I know Mr. Calvert's double-hood warehouse—there were some inquiries about the key of that warehouse—we could not find it when we looked for it, for a good while—it was usually kept in one place—it was not there—we moved some tubs, and Scott's jacket was lying there—I hit it against the tub, and heard a sound of something—I felt it, and pulled this key out of the pocket—I gave the key to John Jones, to take to the officer—this is the key—this would open the lower loop-hole of Mr. Calvert's warehouse in Thames-street, so that I could go and let myself into the warehouse below, where we put the tubs.
JOHN JONES . I am a labourer in the cooperage of Messrs. Calvert. I did not see Dowdney find the key—he gave it to me—I afterwards went with Mr. Cooper through his warehouse—I found a window that had some iron bars removed from it—they had been removed before I came on the premises
—any man might have placed the key in his pocket, and put the coat down there.
RICHARD REED . I am foreman cooper in the service of Calvert and Company. This key produced by Barker opens the warehouse in the cooperage department in Calvert's brewhouse—this other key opens the lower loop-hole of the double-hood warehouse, which is full of casks, and some flags it kept at the cooperage—Scott had my authority to fetch the flags when he had occasion—he did not come to me on that morning—he had a general authority from me to go, and take the key when it was wanted—he could always go and get it without coming to me—I am not aware that he had any occasion for it at seven o'clock on the 27th of Dec.—the key of the loop-hole was kept at the cooperage—he must have this key to get the other key—it usually hung in another place—by having the two keys, he could get to the loop-hole—I am not a ware that he had any right to have either of these keys in his pocket—he has been occasionally at the warehouse in Thames-street—he principally went there to get these flags.
HENRY FRANCIS SMITH . I am a wool-broker, and carry on business in Coleman-street. I know Mr. Cooper—I have seen these two covers in his warehouse to the best of my recollection—they were full—it is many years since—I have no difficulty about knowing the packages, because they all come in one kind of tare, and the marks are distinct, and they are known better than any goods in the market—they came from John M'Arthur—I am perfectly aware that there was some such wool at Mr. Cooper's some time since, but it was not till I heard of these being lost that I found we were two bags short—they were part of what we had sold—they had been forgotten altogether, but we should certainly require these two bags at Mr. Cooper's warehouse—I went, and recognized these two bags of wool.
Cross-examined. Q. You were not aware of Mr. Cooper being in possession of these? A. We were not, it bad escaped our recollection—this wool was sold in Sept. 1836—the wool was imported to us by Colonel M'Arthur, and we sold them as brokers, and accounted to him for the proceeds—Mr. Cooper is a public warehouse keeper—he held this wool originally for Col. M'Arthur—all that I know about these beyond the original knowledge has been derived from our books, which are not here—I believe one of my partners made the entry in the books—I do not think the books or my partner could have shown more of this transaction than I can—we should none of us have known without our books—I know the marks by our books—Mr. M'Arthur sends to nobody but us—he sends every year, and we know the marks from our books—from looking at our books and seeing what is on these covers, I can recognise them—if I had not seen our books at all I could not have sworn these to be our property, but I would swear these to be the covers of M'Arthur's wool—I know these were paid for at the time, and from reference to my books I find it so.
MR. DOANE. Q. Upon seeing these two sacks, do you remember that you had wool of this description? A. I can swear that if these contained what they originally did, they contained wool, and Mr. Cooper was answerable to us for it.
MR. COOPER re-examined. Q. This quantity of wool would be Mr. M'Arthur's? A. Certainly—I have known these marks these twenty years, or longer—there was a public sale, and these were part of what were sold.
Cross-examined. Q. What do you know about the public sales? A. I lay these bales out, and prepare them for public sale—I was not present at any sale—I heard the prisoners examined before the Lord Mayor—I have no recollection of hearing Scott make a statement.
JURY. Q. Do you ever have two bags of the same number in one consignment? A. Not in one consignment, but I think it is very possible we may have the same numbers in different consignments.
Cross-examined. Q. Is this the first time you have appeared as a witness! A. Yes—I told Mr. Cooper some days since that I knew Alger's writing—I cannot say whether it was before the last examination—I have not been before the Magistrate—I made this statement in the prisoner's hearing—I have seen this paper a week or ten days ago—I cannot say who showed it me, or how long ago it was—I was asked if I knew the handwriting—I cannot recollect by whom.
JOHN BARKER re-examined. I produced this note—I never let it go out of my sight—I never let Saunders see it—I have never shown it to any of Mr. Cooper's people—I made a mistake, I gave it to Mr. Hobler, but I put a private mark on it—I fetched it back from Mr. Hobler's.
Cross-examined. Q. What did you mean by saying it had never left your possession? A. I had forgotten it—I have been a policeman twelve or thirteen years—I cannot tell how often I have given evidence—I gave this paper to Mr. Hobler on the first examination, and fetched it from his office on the second examination—that was a week afterwards—I had it in my possession three days, and got it back yesterday.
NOT GUILTY .
AUGUSTUS EVANS . I am shopman to Mr. William Laff, a pawnbroker, in Crown-street, Finsbury. About seven o'clock, last night, I was minding the goods outside the door—a lady was by the side of me, and I saw the prisoner standing by her side—he looked about, and picked up this salt-cellar, which was exposed for sale, but I did not see him take it up—he was looking about, and asked me what I wanted for a Prayer-book that was there—he then went away about twenty yards—I missed the salt-seller—I went after him, and said, "What have you got there?"—he said, "I put the Prayer-book down"—I said, "I am not talking about that"—I felt something hard at his side—I brought him back—he got the salt-cellar out to throw it down, but I prevented it, and got him into the shop—I saw him take the salt-cellar out of his pocket, and put it into his trowsers, then put it into his coat, and when Mr. Laff went to the door to clear the mob the prisoner concealed the salt-cellar in his trowsers again—he was given into custody—this is the salt-cellar.
Prisoner. I gave a boy 2d. for it, and as I was going home I saw a lady look at a book; I looked at it, and asked how much it was; I was going away, and he came after me. Witness. He said afterwards he took it for a lark.
WILLIAM FERGUSON (police-constable G 181.) I was called last night, and the prisoner was given to me, with this salt-cellar—it was concealed between his legs, under his trowsers—he first said he took it through distress, and then he said he wanted to have a bit of fun.
GUILTY . Aged 40.—Recommended to mercy.— Confined One Month.
NEW COURT.—Friday, January 6th, 1843.
Fifth Jury, before Mr. Common Sergeant.
540. HANNAH MOODY was indicted for unlawfully uttering, on the 12th of Dec., 1 counterfeit crown, to Catherine Gibbon; also, on the 21st of December, 1 counterfeit crown, to Jane Dawson; well knowing the same to be counterfeit; to which she pleaded
GUILTY . Aged.— Confined Six Months.
GUILTY . **— Confined One Year.
NOT GUILTY .
NOT GUILTY .
MESSRS. ELLIS and LUCAS conducted the Prosecution.
ROBERT CROUCH . I am a chandler, and live in Regent-street, Westminster. On the 16th of Dec., about four o'clock, the prisoner came to my shop-in payment for what he had, which amounted to 5d., he offered a bad crown-piece—I put it into my pocket, and afterwards gave it to the policeman—I did not give it to any one else—I ultimately wrapped it in a piece of paper, and put it into my cash-box—there was no other crown-piece in it—I believe the prisoner is the lad, but my shopman speaks more positively—I did not give the money to ray shopman.
Cross-examined by MR. PRENDERGAST. Q. Did you know the prisoner? A. No—he bought an ounce of coffee, and half a pound of sugar—when I put the half-crown into my pocket I believed it was good—I took it out the same evening—I had no other silver in my pocket—I had no other crown to put with it—I did not know it was bad till night—I looked at it next about five o'clock on the Saturday—I had ascertained it was a bad one before Saturday night—in three quarters of an hour he came with this crown-piece, another boy came and offered another bad one—I refused to take it—I had this one in my pocket at the time, and I weighed one against the other—this that I had taken first was heavier than the other—I refused it, then looked at this one more particularly, and found it was bad—I wrapped it up in paper, and put it into the cash-box about six o'clock—I took it out again about ten, and put it in again—I had a great quantity of other small silver—I had two five shilling pieces in a bag.
MR. LUCAS. Q. Are you sure that from the time you took it out of your pocket you kept it in paper? A. Yes—it was not mixed with the other silver before I gave it to the policeman—I think the prisoner is the lad.
Cross-examined. Q. You knew it was a bad one ten yards off? A. I did not know it till afterwards—I can swear it was the identical crown the prisoner paid—I looked at it about four o'clock the same evening—I had never seen the prisoner before—I will swear he is the boy—I took such particular notice of him that I described him to the policeman.
Cross-examined. Q. Who was present when he gave it you? A. His
shopman—it was at Queen's-square—I have kept it locked up in a drawer ever since.
FREDERICK SPICER . I am a butcher, and live in Warwick-street, Pimlieo. About six o'clock in the evening of the 16th of Dec., the prisoner came to my shop for one pound of steak—he tendered me a bad crown—I said, "This is a bad one, you walk into the parlour"—I gave the crown to the policeman—the prisoner said, "There is some gentlemen on the opposite side who sent for one pound of steak"—I said, "This will not do"—I held the crown in my hand till I gave it to the policeman.
Cross-examined. Q. Are you quite sure of that? A. Certainly—I kept it in my hand—I never saw the prisoner before.
FREDERICK CASE (police-constable P 43.) I took the prisoner into custody tody on the 16th of Dec., at Mr. Spicer's shop—I got this crown from him after 1 got to the station—I found nothing on the prisoner.
(The prisoner received a good character.)
GUILTY . Aged 14.—Recommended to mercy.— Confined Three Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELIZABETH MASON . I am the wife of William Mason, a tobacconist, who lives in Carburton-street, Marylebone. On Friday, the 16th of Dec, about half-pastn ine o'clock in the evening, the prisoner came for a quarter of an ounce of tobacco—I served him—it came to 1d.—he gave me a sixpence—I looked, and found it was bad—I put it to my mouth, and nipt it through the middle—I said it was a bad one—the prisoner said, "Give me that, I will give you another"—I said, "No, I shall not do that"—he staid a long time in the shop, and said he would fetch his father if I did not give it to him—I told him if he did not go I would send for a policeman.
Prisoner. Q. How can you swear I gave you the sixpence? A. I know you did—I have not the slightest doubt about you—I know you from a hundred.
MARY DIGGINS . I am the wife of Henry Diggins, a beer-seller, in Upper Cleveland-street, Fitzroy-square. On the 22nd of Dec. the prisoner came for half-a-pint of fourpenny ale—he gave me a shilling—I gave him change—about two minutes after he left the house I examined the shilling—I had never put it out of my hand—I found it was a bad one—I put it into my bosom som, called the policeman in, and gave it him.
EMILY SAUNDERS . I am the wife of a tobacconist. Between six and seven o'clock, on the 23rd of Dec., the prisoner came and asked for half an ounce of tobacco, which came to 2d.—he gave me a sixpence—I saw it was a bad one—I said, "Give me my tobacco back"—he said, "If you don't like it I will give you another"—I did not give him the bad one back—I kept them both—I asked where he got the bad one—he said, "In change for a shilling in the City"—my husband came in and shut the door, which prevented his going out—the officer was called, and I gave him the sixpence—he took the prisoner.
sixpence—I received a bad sixpence, broken in two pieces, from Mrs. Mason.
Prisoner's Defence. The first two shops I know nothing about; the last one I did go into.
GUILTY . Aged 19.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOHN WASH . I live in Brill-cottages, Somers-town, and sell baked potatoes. On the night of the 10th of Dec. I was in Brewer-street with my potatoes—the prisoner came and asked for a halfpenny potato—while I was cutting the potato he laid down a shilling—I gave him a sixpence, and 5 1/2 d. in halfpence pence, in change, and he went away—I then took the shilling up from the can, and found it was bad—I went after him, and said it was a bad one—he said, "I know it is, and you have given me a bad sixpence ont of it"—I had not given him a bad sixpence, and I am sure the shilling was the one that he had put down—a policeman came up, and I gave him into custody—when I did that, he gave a sixpence into my hands, which was bad, and was not the one I had given him—the policeman asked if that was the sixpence I had given him—I said, "No"—that sixpence was bent a little, and the one I gave him was not bent—I went to the station, and the shilling and sixpence were given to the officer.
Prisoner. Q. What sixpence was it you gave me, new or old? A. I will not be certain, but I believe it was an old one—it was thin.
JOHN WATKINS (police-constable S 113.) I was on duty, and saw Wash—I saw the prisoner go to him, and ask for a potato—I saw him go away, and Wash after him—he said, "You have given me a bad shilling"—the prisoner said, "Yes, and you gave me a bad sixpence"—I said, "Let me look at it, "which he did, and I said to Wash, "Did you give him that?"—he said, "No, I gave him a good one"—I said to the prisoner, "Have you any more about you?"—he said, "I have no more money than the change he gave me"—I found on him a half-crown, a shilling, 8d. in copper, two metal tea-spoons, and some duplicates—I produce the bad shilling and the sixpence.
CHARLES KERSEY . I was out selling baked potatoes on the night of the 11th of Dec., about nine o'clock—the prisoner came to me, and asked for a baked potato—it came to a halfpenny—he gave me a sixpence—I gave him change—I then discovered that the sixpence was bad, and told him it was a bad one—he said, "Bad one, be d----?"—I said, "Yes it is, you give me back my halfpence"—he did so—I gave him back the sixpence, and he gave me a halfpenny for the potato—I watched him, and saw him go and deal with Wash, in about ten minutes—I am quite sure that the sixpence I took from him and gave him back was bad.
Prisoner's Defence. I was standing in Somers-town that Saturday right, selling rabbits; I had a half-crown, a shilling, and a sixpence in my right pocket; I staid till about nine o'clock, and then I took a shilling of a woman; I said to a man, "Hold my rabbits, I will go and get a potato;" I went to Wash, and gave him the same shilling the woman gave me for two rabbits; I came away; Wash came, and said, "You have given me a bad shilling;" the policeman came up, and I looked in my hand, and said, "He has given me a bad sixpence;" these two spoons I bought in Leadenhall-market when I bought my rabbits.
GUILTY . Aged 22.— Confined Six Months.
547. ELIAS COLLIS was indicted for stealing, on the 16th of Dec., 1 purse, value 6d.; 4 sovereigns, 6 half-sovereigns, and 1 10l. Bank-note, the property of James Henry Pounce, from the person of Jane Pounce.
MR. DOANE conducted the Prosecution.
JANE POUNCE . I am the wife of James Henry Pounce—we live in Edward-street, Portman-square. On Friday night, the 16th of Dec., I was in Park-street, Dorset-square, between six and seven o'clock—I saw the prisoner soner and two other persons—the prisoner was the middle one of the three—when I left home I had a purse in my pocket, containing a 10l. Bank-note, with the name of Mrs. Gilby on it, four sovereigns, and six half-sovereigns—I had seen it safe not two hours before I left home—while I was walking in Park-street, I felt a push down at the bottom of my pocket—I went on a step or two, and put my hand into my pocket, and missed my purse—I then turned round, and saw the prisoner and the other two walking straight abreast away towards the bottom of the street, and the prisoner was the middle one of the three—when I turned round the prisoner spoke to the other two—he turned, and saw me following them—I saw the one on the right hand turn round his face a little as it he was going to have a sight of me, and immediately they all made a very quick pace forwards, abreast—when I first turned round after I felt the push, they were twenty yards from me, if not more, and they were then going forwards—I had not seen them before.
COURT. Q. When you turned round, and saw these three men, was there anybody else near you? A. No, no one.
MR. DOANE. Q. Did you see a policeman, and give them into custody? A. Yes—the policeman brought the prisoner in custody, and we went to a baker's shop—the prisoner said, when the policeman took him into the shop, "You are mistaken, I am not the person; I was walking quite alone."
Q. Had you said anything to the prisoner before he said that, or had you said anything that he might have heard? A. I called to the policeman to take those men, and he said, "What have they done?"—I said, "They have robbed me"—they could all hear it—they were close by—when I said that, the prisoner ran—the policeman ran after him and took him while running—when I turned round after I felt this push at my pocket, there was no person near me but those three, and when the prisoner was brought back to the baker's shop, before I had said anything to him, he said, "You are mistakes, I was walking alone."—I said, "You was not walking alone, there were three of you, and you was the middle one of the three, there was one on your right hand, and one on your left"—the prisoner said nothing to that—a coachman then came into the baker's shop, and said, "That is not the man you want, that one has gone round the corner, I heard the money rattle in his pocket"—I do not recollect that the prisoner said any thing when he heard that said.
Cross-examined by MR. BALLANTINE. Q. This was in the evening, between tween six and seven o'clock? A. Yes—it was moderately dark—I was in Park-street, which leads to Edward-street, Dorset-square—I had not looked round at all—I never observed any passage near where I felt the push—I would not say there is not one—when 1 got to the baker's shop, the coach-man told me this was not the man, but the man that had done it had run round the corner.
Q. Did you not before make a mistake, and say it was the prisoner said that? A. I thought so—the policeman did not tell me to say so—the policeman man had no communication with me about it—he did not say any thing to me about the coachman—he did not say, "It was not the coachman who said it, it was the prisoner"—I had not heard that till I was before the Magistrate.
JOHN LUFF (police-constable D 137.) Mrs. Pounce called to me that evening in Park-street—I saw the prisoner, and one person in company with him—they were from eight to ten yards from Mrs. Pounce—she said she had been robbed of her purse and money, and said, "There goes the man"—I only saw the prisoner, and one other person—I directly went after them—as soon as the prisoner saw me coming after him, he set off, and ran—I ran, and caught him when he had run about twenty yards—I said, "I want you; a lady has accused you of stealing her purse and money"—he said, "You are mistaken, I am a respectable tradesman"—I said, "I can't help it, you must return with me"—Mrs. Pounce came up, and the prisoner said, "I am not the man you want, he is gone round the corner"—I took him into a baker's shop—I found on him a pocket-book, but none of the property that Mrs. Pounce complained of losing—the coachman came in in a minute or two after I was in the baker's shop, and he said, "The man you want is gone round the corner"—before I had searched the prisoner, Mrs. Pounce said she would give him in charge, and I said to him, "I know you"—he made no reply—he exhibited a card in the baker's shop, and it was left there.
Cross-examined. Q. Was it a card similar to this?—(producing one.) A. Yes—I told the prisoner I knew him—that was not my imagination—I knew him well—I have seen him repeatedly before in Oxford-street—I cannot name the time—it might be six months ago—I have not been on duty there for these four months—I saw him in the evening, while I was on duty—I cannot say when—it might be six months ago, and I had seen him before—it might be three months previous, passing in Oxford-street—within the last year I might have seen him three or four times—I have seen him in company with swell mobs—I have not myself had any person in custody whom I have seen him in company with, nor seen any man tried whom I have seen him in company with, but I have a witness, Sergeant Thompson, to prove it—I have made a communication to Thompson since the prisoner has been in custody—I did not know at the time I took the prisoner that he had been in company with those who have been in custody.
Q. Have you had any conversation about this matter with Mrs. Pounce? A. Nothing particular, sir—I have certainly called once or twice at the house she lives at, in Edward-street, Portman-square—I might have called twice—I did call twice at the house—I do not like to speak unless I am certain—I was not certain momentarily, when you first asked me, but I know I have now—I cannot recollect when the last time was—the prisoner was committed last Thursday—I have called on Mrs. Pounce once since then, and once before—I had known her before—I have been on duty by the house for two years—I have been in the shop lately, talking with her a few minutes—I was employed to trace the other two if I could.
Q. What had your calling at that house to do with your tracing the other two? A. I called in to tell her I had done nothing further—I do not recollect that I had any further conversation with her—the first time I called I was on private duty—I saw her in the shop—I might have asked her how she did—I did not go into the little back-parlour the first time—I will not swear I did not the last time, because she walked home with me from this place—I have been in her house three times altogether—I did not go into the shop then, only into the parlour—I do not know whether she is a hospitable lady—I took a glass in her presence at the bar yesterday, but I paid for it—I have taken one glass of gin in her house—that was the night before last—I was not on duty then—I had walked home with her—when she pointed out two persons to me, who she said had robbed her, they were about ten yards off—I should say they could not have heard what she said—I
cannot say positively—they saw her speak to me—she came up the moment after the prisoner had said, "It is not I; the man who has done it has gone round the corner"—I cannot say whether I have said any thing to Mrs. Pounce on any of my visits about the coachman having said so.
Q. Upon your oath, have you not told her to say that it was the prisoner that said it, and not the coachman? A. No—I might have told her what the coachman said to me—I have not told her to say any thing—I have not told her the prisoner said so—I do not recollect what I told her now—I said the prisoner said, "I am not the man you want, he is gone round the corner"—I think I might have told her that—I did not say that Riley and Lloyd were in company with the prisoner.
WILLIAM HOBSON . I am a coachman, but am out of employ. On the evening of the 16th of Dec. I was in New-street—I saw the prisoner and lie two men who have got away—they were coming towards the square, towards me—the prisoner was just in the act of running when the policeman took him-the other two ran past me, and I heard some money rattle in the pocket of the shorter one of the two—he went round the corner—I went into the baker's shop, where the policeman took the prisoner—I said, "It is no use to detain this one, the one you want is gone round the corner."
Cross-examined. Q. You had said that to the constable on three or four occasions? A. I mentioned it three times—I mentioned it before I could get into the shop—I was present at the very time the prisoner was seized by the policeman—I said, "That is not the man; I saw the man go round the corner"—I was the only one that stated that—I never heard the prisoner state that—I said that in the shop.
MR. DOANE. Q. You did not mention that till you got to the baker's shop? A. No, not till then.
COURT to JANE POUNCE. Q. You felt something at your pocket, and saw three men? A. Yes—they were walking and talking with each other—they appeared to be acquainted.
MR. BALLANTINE. Q. The policeman has been to your house? A. Yes—I cannot state how many times—of course he has talked to me on this subject—I do not think he has told me that the ordinary mode in which these persons act is two or three together—I do not think he told me that it is usual for two or three persons to do these acts together—I cannot say whether he said they were acquainted together—I cannot say what he said on that point—he said he had seen the prisoner before—I have heard from police officers that the prisoner is a swell mob's man—I dare say this policeman may have mentioned it—I do not think I ever saw the prisoner in my life before, but I should have known him to be the man who looked round to me—I bad not lost sight of him entirely—the one on the left hand of him I lost sight of, but not entirely of the prisoner—I think if I had met the prisoner the next day I should have known him to be the person—they were not all out of my sight, only one of them.
JURY. Q. Were the other two about the prisoner's size? A. One was much slenderer than the prisoner. COURT. Q. Without any reference to any conversation with any body, do you still state, that you are satisfied that this man was in company with, and was talking to, the other two? A. Yes—I have no doubt on that subject at all.
NOT GUILTY .
MR. ADOLPHUS conducted the Prosecution.
ELIZABETH MERRICK . I am single, and live in West-street, Hackney. I was present when the prisoner was married at St. John's church, Hackney, on the 10th of May, 1832, to Sarah Attwell—I knew his wife before they were married—I saw her last this morning—I got this certificate from the clergyman of Hackney, on the 29th of Dec., with Mr. Drummond, the clerk of the church—I examined it with him, against the book from which he took it.
Cross-examined by MR. BALLANTINE. Q. You are certain it is correct? A. Yes—they lived together afterwards—I heard that they lived very uncomfortably.
CAROLINE SPARANKE SMYTH . I was married to the prisoner by banns on the 21st of January, five years ago, at the Holy Trinity church, Cambridge—he did not say whether he was a widower or a bachelor—he is a corn-dealer.
Cross examined. Q. I believe you had no reason to complain of the pri-soner? A. No—he has been a good husband to me—I do not wish to say a word against him.
GUILTY . Aged 30.— Confined Six Months.
549. JOHN DELASELLE was indicted for stealing, on the 1st of Feb., 1 microscope, value 1l.; 1 mirror and box, 2s.; 7 slides, 15s.; 1 brass tube, 4s.; 1 spring plate, 1s.; 1 microscope guage, 1s.; 1 box, 1s.; and 20lbs. weight of brass, 1l.; 5s.; also, on the 24th of Nov., 10 brass tubes, 1l.; 16s.; 2 kaleidescopes, 18s.; 2 collets, 1s.; 2 spring plates, 1s.; and 3 box-plates, 1s. 6d.: also, on the 1st of Oct., 1 microscope, 1l.; 7 slides, 15s.; 1 brass tube, 10s.; 2 cases, 3s.; and 1 mirror and box, 2s.; the goods of William Westley and another, his masters; to all of which he pleaded
GUILTY .— Confined Six Months.
550. MARIA HOLT and SUSAN GARNER were indicted for stealing, on the 16th of Dec., 1 eye-glass, value 8s. 6d.; 1 bracelet, 3s.; 1 oz. weight of silk, 1s.; 2 bags, 2d.; 2 reels of cord, 1s.; 6d.; 10 yards of braid, 4s.; 1/4 of a yard of woollen-cloth, 3s.; the goods of Sybilla Jane Baker: and 1 cork screw, value 1s.; the goods of Frances Baker.
MR. ADOLPHUS conducted the Prosecution.
FRANCES BAKER . I am a widow, and now live at No. 21, Albion-street. I lodged at No. 10, in that street—I entered on the 28th of Nov.—I saw a bill in the window, and I was ordered to be in that street, on account of my daughter Sybella Jane Baker who is very ill, and cannot come here—I went to No. 10, and the prisoner Garner opened the door—I conversed with her about the lodgings, and agreed upon some terms—she said her name was Holt—I did not see Holt at all—I wrote this paper, and I asked that it should be signed—Garner said she could not write, but she would take it to her husband to sign—she took it, and brought it back signed "M. Holt"—on the 28th I entered in possession of the lodging—I had my daughter's things put into her room, and mine into mine—there was an eye-glass, a bracelet without a clasp, some silk, two bags, some parcels of cord, some braid, and woollen-cloth, belonging to my daughter—there was a cork-screw belonging to me—it was kept in a bag in my room—it was only used by me, not in common—from time to time I missed some things—in consequence of a communication made to me by my daugh-ter, I made a search—we searched for the bags and every article in them, on
the 8th of Dec., and we could not find them—I afterwards searched for other things—the bags contained all the things stated—I did not miss the cork-screw till I found it in the kitchen drawer—I used to draw my lavender water with it—all the things produced were found at once by the officer in a drawer in the kitchen where I had never been—I did not know Garner was not Mrs. Holt, till Saturday, the 17th, when I rang the bell to pay her—then Garner came up—she went by the name of Ann—I had always paid her before—she said she was not Mrs. Holt—I had always called her Mrs. Holt when first I went, and she desired me to call her Ann, because it was shorter—she did the work at the house as servant—I saw no mistress there—the first day that I went Mrs. Holt opened the door—I asked Garner who it was let me in—she said it was her sister—I never saw Mrs. Holt after that day till the 17th of Dec., when I saw Mrs. Holt, and told her that Ann said she was Mrs. Holt, and I thought 1 could pay her—Mrs. Holt then said she was Mrs. Holt, and I was to pay her, that Ann was her housekeeper—after that I was sent for to the station, where 1 saw Garner—I saw Mrs. Holt again on Saturday, the 21th—there was an account given of the property I had lost, before Garner and Mrs. HoltGarner said she had called the night before at No. 21, to give an eye-glass to me—I said, "I had not heard anything about it"—I had heard nothing, but a message she had sent about a tin that was sent to be mended—I asked if she brought the eye-glass, why she did not send it up—she said she was afraid to trust the servant with it—I asked her what she bad done with it—she said, "Given it to Mrs. Holt"—then the Magistrate ordered the policeman to go to Holt's house—I went with him—Mrs. Holt was there—I told her that the servant said she had got an eye-glass to take care of—Holt said she had never seen it, and had not got it—she told the policeman the same thing—we proceeded to search the boxes which she said belonged to Garner, and there we found a bonnet and a duplicate of a ring, and in a drawer in the kitchen, where Mrs. Holt said Garner put things in, we found the cork-screw, pieces of cloth, part of the bracelet, and two bags belonging to my daughter—a person named Godfery brought me the eye-glass and two pocket handkerchiefs belonging to my daughter.
Cross-examined by MR. CLARKSON. Q. Do you mean to represent that Holt passed herself off as the servant of the house? A. She opened the door—she did not say anything to me—I had no conversation of any kind with Holt up to the 17th of Dec.—I did not see her from the 28th of Nov. to the 17th of Dec.—Garner was in the habit of making the beds, and doing other domestic offices—on the Thursday before I left I had a servant of my own in the house—she staid till I left—I do not know where she is now—she was there when I missed the diamond ring—Garner was first taken up for obtaining a pound of butter in my name—the tradesman said he would not prefer the charge against her—then they asked me about this ring, and I gave a list of the things I had lost—I did not say, "I will give her in charge"—I went to the station by desire of the police—I spoke to the officer before I went to the station on the Thursday evening before Christmas-day—I had a misunderstanding with Mrs. Holt, when I left the lodging—she made me pay a week beyond the time—I paid five weeks rent—I engaged the lodgings for a month, from the 28th of Nov., and staid till the 17th of Dec.—I did not say, "I shall not pay you any rent; I have been robbed in your house"—I never said a word about it—I never told her I had been robbed—I told Garner when I lost the velvet—I told her I had lost some wafers, and my daughter had lost a pearl ring—I did not tell Holt I had lost property, because I did not wish to have a commotion—I wished to pay what 1 had to pay, and go out quietly
—I went to the station in a carriage—it took me about ten minutes to go there from Albion-street—I think the station is in Hermitage-street—I should think it is a mile—I knew nothing of the charge of a pound of batter, till I heard of it at the station—I think it was on Monday or Tuesday—I did not say anything about it—I did not refuse to pay for it—I was not at home when the man came—I went to the station about the ring, when the man said he would not continue the charge about the butter—I did not say,"I will make a charge"—I am quite sure I did not say so—before I left the house, on the 17th of Dec., Holt said there were several things that were broken—we searched—in consequence of what Godfery said, and what was found in the kitchen, I preferred a charge against Holt.
MR. ADOLPHUS. Q. Was anything missed after your servant came? A. The eye-glass and diamond ring—at the time I was going, Holt presented me with this bill—she signed it—she charged a wash-hand basin, and other things as what had been damaged by me, but I had not done the damage—I paid 2l. 15s. a week rent—I took the lodging on the 24th of Nov., and entered it on the 28th—Mrs. Holt was very rude to me—she said I had damaged the things very much, that one chair had been kicked from one room to another, and it was a strange thing my going at that time of night—she said I had broken the pannel of a door—I said very little to her.
WILLIAM GLASSCOCK (police-constable D 22.) I went to No. 10, Albion-street, in consequence of some butter obtained by Garner in Mrs. Baker's name—the tradesman declined the prosecution—I saw Garner there, and took her to the station—Mrs. Holt was in the passage—I went to apprise Mrs. Baker, and she came after me—Garner beard all that Mrs. Baker said—she charged her with stealing a diamond ring, a pearl ring, an eye-glass, and other articles—Garner said, "I took the gold eye-glass, which I found under the carpet, to your house, No. 21, last night, but I saw a strange servant, and did not deliver it"—Mrs. Baker asked for the eye-glass—Garner said she had given it to Mrs. Holt, her mistress—I took Garner before the Magistrate—I then went to Holt—I told her I came for a gold eye-glass, given to her by the servant—she said she knew nothing at all about it—Mrs. Baker asked her as well what had become of her gold eye-glass—she said she knew nothing about it—I searched the house—I found part of a bracelet, some silk, two bags, some parcels of cord, and some braid in the drawer—the eye-glass and two handkerchiefs I had from Godfery—I made a second search, when both prisoners were in custody—I found some cloth and a cork-screw in the same drawer I had searched before—Holt said it was a rubbish drawer—I afterwards spoke to Holt about it—she said she knew nothing about the eye-glass—I then took her to the station—she was searched—10l. 10l. 10 1/2 d., some keys, and a pocket handkerchief, were found on her.
(Property produced and sworn to.)
WILLIAM GODFERY . I am a messenger at Boyle's Court Guide-office, in Regent-street. On the 23rd of Dec. I went to Mrs. Holt's house during the time the policeman was in the house—after they had left the house, Holt told me she had found the glass in the rubbish-drawer, but the girl had not given it to her, but to prevent the girl getting into trouble she would wish to put it out of the way—we went down stairs, and Mrs. Holt asked me what she should do—I told her, possibly, as she had denied all knowledge of the glass to the officer and lady, it might be advisable if she could place it in the lodging which Mrs. Baker had originally occupied—Holt said she thought it would not be advisable, because, by so doing, it would show the glass was in the house, and would coincide with the statement the girl had made of having given her the glass—I then asked her where the property was—she said in
the register of the front-parlour-stove—she again asked me if it would not be advisable to place the glass in a box which she believed had not been exmined by the policeman, and which was in the room, under the bed—she then placed the eye-glass in a piece of cloth, and placed it in the box—after that she altered her mind, and proposed that the handkerchiefs should be destroyed, and whether, if the eye-glass were put down the water-closet, it would effectually keep it out of the way—I advised her not to destroy the property—I was then speaking in presence of her son—she took the eye-glass out of the box, and brought it into the kitchen, and thought it still advisable to destroy them; but sooner than have them destroyed I agreed to take them away—she gave me the eye-glass, and told me to go to the pump in the passage, and look inside, I should find two handkerchiefs—I went, and found two handkerchiefs—I had called at the house in the first week in Dec., and saw Mrs. Holt there.
NOT GUILTY .
FRANCES BAKER . I took this lodging of Garner, she representing herself to me as mistress of the house. My daughter, Sibylla Jane Baker, sent four pocket-handkerchiefs to be washed—these are two of them.
MARY HATCHETT . I am a laundress, and wash for Miss Baker. On the 29th of Nov. I had four handkerchiefs delivered to me to wash—these are two of them—I took then home to No. 10 on Friday, the 2nd of Dec.—I gave them to Garner—she took the basket with the linen—I am sure these handkerchiefs were in it—I went again to the house the next Tuesday—I saw Garner and Miss Baker—she said I had not brought her handkerchiefs home—I said I had—Garner was present—I said I had delivered them to Garner, and the bill with them—Garner said Miss Baker must have mislaid them-she said she had taken the basket into the drawing-room, and capsized it, and she did not see the handkerchiefs—she said Mrs. Baker was not at home, and Miss Baker was asleep—I am positive that the handkerchiefs were there when I delivered the basket.
GARNER— GUILTY . Aged 20.— Judgment Respited.
HOLT— NOT GUILTY .
MR. ADOLPHUS declined offering any evidence.
NOT GUILTY .
MR. DOANE conducted the Prosecution. ROBERT MACDONALD. I now live in Bedford-square, Commercial-road. In April and May last I was carrying on business as a tobacconist in Lower Chapman-street, St. George's—the prisoner was in my service as a traveller from about the end of Dec.—it was his duty to go about and obtain orders for me—he was to be paid so much commission for the weight of thft goods furnished, and if he sold above the price I charged, he got that—if he received
any money in town, he ought to pay it the same night, and if in the country, the first time he came to town—my attention has been called to Mr. Coulthorp's account—the prisoner never accounted to me for 10s. 2d., received from Mr. Coulthorp, on the 21st of April, nor for 10s. paid by Mr. Hartican on the 26th of April, or 6s. 10d. from Mr. Gates, on the 23rd of May—he continued in my service till the 23rd of May—he gave no notice of leaving—in consequence of discoveries 1 made, I applied for a warrant—on the 23rd of Dec. I was walking with a friend, named Cross, in Bishop'sgate-street, and met the prisoner—I said, "I want you"—he said, "For God's take, Mr. Macdonald, don't give me in charge, I will meet you any where tomorrow, and will pay you all the money 1 have robbed you of"—I said I would not put any faith in his promises—he walked to the Mansion-house, and I gave him into custody.
Cross-examined by MR. PRENDERGAST. Q. When did you first make an agreement with him? A. I think about the 10th of Jan.—he was to sell some of the goods at 3s. 4d. a pound, but that was not to stop his commission—he had a connexion of his own—I sold tobacco, snuff, and cigars—he was not to pay 3s. 3d. a pound for tobacco—I never sold any to him—he was to bring me 3s. 4d. a pound—I paid him his commission quite separate—he was not to pay me 3s. 3d., and to get what he could for what he sold among his own friends—he was not a hawker or licensed dealer in tobacco—there was no agreement made that he, not having a licence, could not sell in hit own name, should sell in my name to the customers, and bring me 3s. 3d. a pound—I do not belong to the Tee-total Society—I am not in the habit of getting drunk—I did not miss my watch some time ago—I once did prefer a charge against a woman for stealing my watch—it was nine or ten months ago—I was sober at the time—I afterwards found my watch at home—I wanted some money to pay the men one Saturday night, and I sent my other traveller to pawn the watch—I was not sober when I charged the woman with stealing it—I believe she was a common prostitute—Mr. Coulthorpe is a grocer on Walworth-common, and Mr. Hartican is a grocer in Jamaica-row, Limehouse—the prisoner went away on the 23rd of May—I did not meet him in Sept.—I did not see him in Sept.—I saw him about the 4th of July—I had some conversation with him about what was owing—I claimed 48l.—he said that nothing of the sort was due to me—I saw him at the factory—he came to have the settlement with me—I had not taken any warrant out against him—I first took out a warrant against him in July—he met me twice to have settlements with me, between May and the time I took the warrant out—Coulthorp is a customer of mine—he was one that the prisoner introduced to me—Hartican I knew before—I only began business on the 9th of Nov.—Gates I had had before—the prisoner often spoke about taking the manufactory, but I would not give it up to him—there had not been a negociation about his taking it—he bad brought a person down to look at it—I never could make out what he was—he was there about twenty minutes or half-an-hour—we did not talk about the value of the stock—he asked me what would be the value of a hogshead of tobacco, and the duty—he did not talk about the value of my trade—I did not know the prisoner before he entered into my service—he said he had been in the trade before—I had not been bred up to the business.
Cross-examined. Q. You know the prisoner cannot supply goods in his own name? A. I am not aware whether he can or not—I never dealt with
him except for Mr. Macdonald—I never saw Mr. Macdonald—the only party I knew was the prisoner—I ordered the goods of the prisoner—I paid him—I should not have paid anybody but the prisoner, but I paid him as the servant of Mr. Macdonald—I did not know there was a Mr. Macdonald except from what the prisoner told me—I never knew the prisoner before bis connexion with Mr. Macdonald—I did not see Mr. Macdonald till I was summoned to Lambeth-street.
Cross-examined. Q. You did not know anything of M'Donald? A. I did not—I did not see him till June.
Cross-examined. Q. Have you had any transaction with the prisoner before this? A. He used to call when he was traveller for Mr. Macdonald—I paid him several accounts, which he delivered right.
GEORGE CROSS . I was in company with Mr. Macdonald io Bishopsgate-street last month—I saw the prisoner—Mr. Macdonald touched him on the shoulder, and said, "I want you"—the prisoner said, "For God's sake, don't give me in charge; I will meet you anywhere to-morrow, and pay you all I have robbed you of, and settle every deficiency with you, if you don't give me in charge."
Cross-examined. Q. Did he not say he would make all right? A. Yes. GUILTY . Aged 54.—Recommended to mercy by the Jury.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
JAMES SYKES . I am one of the vergers of St. Paul's. In April I had a horse and gig which I wanted to dispose of—I advertised it—on the 12th of April the prisoner called on me at No. 5, Amen-corner—he said, "I have heard you have got a horse and gig to dispose of, and I think, from the description I have heard, it will suit me, if you will bring it"—he felt in his pocket for his card-case, and had not got it—he said, "By the bye, I have got a direction on the back of a letter which I received a few days since, and if you will come to No. 14, Fludyer-street, I think I shall be a purchaser of your horse and chaise"—this is the back of the letter—there is "Mr. Thomas Cook, 14, Fludyer-street, Whitehall" on it—I went the next morning to No. 14, Fludyer-street—I knocked at the door, and found the prisoner in the house—I invited him to get into the gig by the side of me, to drive the horse round, to see that he was all right and sound—he got in, and we drove round, and came back to No. 14, Fludyer-street—when we got back he said, "You must get out, and come to the parlour; I wish to speak to you there"—he then said, "I like the horse very well, what do you want for it?"—I said, fifty-five guineas—he said, "I think that is more than it is worth, what is the lowest you will take?"—I told him I would take fifty guineas—he said, "I will give you fifty guineas for it, provided you will take a bill for seven days"—I said I could not think of taking a bill, it was not a regular way of doing business for a thing of that kind—(I had never known him before)—he offered to give me a bill for seven days, drawn on Masterman and Peters—I refused to take
that for some time, till be began to tell me about his respectability, and all the rest of it, that he was agent to Sir Samuel Fludyer, and that house he had the leasehold of, and it was his own property—on that statement, I thought I could not do better than to take the bill—he said Sir Samuel was over abroad, and he bad sent over for so much money, that he was short of cash, and he could not give me the money—he said he frequently drew his bills on Masterman and Peters', and it would be very handy for me to take it there—he said he kept his account at Masterman and Peters', and frequently drew bills there—I believed all this, of course, and I took the bill, and let him have the horse and gig—this is the bill—he wrote it in my presence—I have never had the horse and gig back, nor anything else—I presented the bill both at Masterman's and in Fludyer-street.
Cross-examined by MR. PRENDERGAST. Q. Do you not come from Yorkshire? A. Yes—I do not know any thing about a horse now—some years back I was a butler—I lived with Dr. Bloomsbury—I knew very little about horses then—I never lost a 6d. by betting—I never sold a horse before—I once sold a pony—I have been to York several times, and have been through Doncaster, but never at the races—I gave 25l. for this horse when he was two years old, and he is now rising six—I sold the horse, gig, and horse-cloths, and every thing belonging to it for fifty guineas—I thought this was a good bill, and it would be paid, and that was the reason I parted with the hone sod chaise—that was not the sole reason—I wished to sell it, that was another reason—I had a full expectation of the bill being paid, that was the sole reason of my parting with it—the horse was worth the money, and the chaise was worth the money—I thought he was the agent of Sir Samuel Fludyer, otherwise I should not have parted with it, and that the house was his own, and there was plenty of property—I parted with it because I thought the money would be paid—that was the sole reason.
MR. CLARKSON. Q. If you had known he had no authority to have drawn on these bankers, would you have taken the bill? A. No—If I had known that he had not been the agent to Sir Samuel Fludyer I would not have taken it, nor if I had known he was not the owner or lease-holder of the house in which he appeared.
EDWARD WHITE . I am a solicitor, and live in Great Marlborough-street. I am agent to Sir Samuel Fludyer—Mr. Burrows holds the house No. 14, Fludyer-street—I have the agreement for it in my hand—the prisoner never was the holder of it—there is no other agent for Sir Samuel Fludyer but myself in London.
Cross-examined. Q. Where is Sir Samuel Fludyer? A. In Sussex—I have received the whole of his rents up to Michaelmas, and am proceeding to receive them to Christmas—I have had no intimation that my authority is superseded—as far as my belief goes, the prisoner is not his agent—I let that house to Burrows, under the direction of Sir Samuel Fludyer and his family—he and bis family agreed to let the lease to Mr. Burrows about two years ago, or a little more—I prepared the agreement—there is a clause by which it is not to be underlet—Burrows has the agreement, and he took possession of it—I cannot tell of my own knowledge whether he let it to the prisoner.
JOHN COTTLE . I am a clerk in the house of Masterman, Peters, and Co., bankers, in Nicholas-lane. I live in Albion-cottage, Hertford-road—the prisoner is not a customer of theirs—he had no authority to draw this note at seven days' sight, on Masterman's house—it has been presented—(read)—"Seven days after sight, I promise to pay John Sykes, or bearer, 52l. 10s.
for value received for horse and chaise. THOMAS COOK. Payable at 14, Fludyer-street, Whitehall, or Messrs. Masterman, London."
Cross-examined. Q. What have you to do with the concern? A. I am ledger-keeper. I can swear that Thomas Cook has no account, and never had—if he had drawn bills payable there, they would have been refused—this bill—(looking at one)—is accepted, payable at Mastermans', but there is no name to the acceptance—this bill has been in our house, but we received it through the Hitchin's bank—people there might draw on our bank, hot it is taking a very great liberty—if a bill comes through a banker, and the money is sent, we pay it.
GUILTY . Aged 40.— Transported for Seven Years.
NOT GUILTY .
Before Mr. Justice Erskine.
556. GEORGE HAGAN was indicted for burglariously breaking and entering the dwelling-house of William Scammell, on the 31st of Dec., at West Ham, about the hour of eleven o'clock in the night, with intent to steal, and stealing therein, 1 pair of boots, value 6s., the goods of the said William Scammell.
WILLIAM SCAMMELL . I am a shoemaker, and live at Stratford, in the parish of West Ham. I rent the house—on Saturday night the 31st of Dec., about eleven o'clock, I was in my shop, and heard a noise of the window breaking—I went to the door, and saw the prisoner running away—I believe there was more than him, but I noticed him particularly, and followed him—Mr. Storey also followed—I kept him in sight all the way till he was stopped—I then went up to him, and found it was the prisoner—a policeman came up—the prisoner was brought back to my shop—when I got back I looked at my window, and found the greater part of the bottom pane knocked out—I had boots and shoes in the window—I found them all in confusion when I got back, and saw there was some gone—Mr. Brown produced a pair of women's boots, which are mine—I had seen them not five minutes before the window was broken, close to the broken pane—I had not sold them to anybody—I remained in the shop from the time I saw them safe till I heard the window break—the window was perfectly whole the early part of the evening.
CHRISTOPHER STOREY . I am a hat-manufacturer, and live at Stratford, in the parish of West Ham, opposite to the prosecutor. On Saturday, the 31st of Dec., about eleven o'clock at night, I heard the breaking of a window—I went out, and saw three or four persons running away from Scammell's shop—I followed them, and saw one of them stopped—it was the prisoner—I am sure he is the person—I had not seen him do anything but run away, but when he was stopped I saw him throw something over his shoulder into a garden belonging to Mr. Brown, which is separated from the street by a gate with open rails—I went back to the garden, leaving the prisoner in custody—I saw Mr. Brown take up a pair of boots, about three yards from the gate in his garden, about five yards from where the prisoner stood, when he
threw something over, and at the spot towards which he threw it—the appearance of what he threw was such as would be made by a pair of boots—Mr. Brown took them into his house, then came out, and took them to the prosecutor's with me—the prisoner was taken to the prosecutor's—I saw the window was broken—the boots were shown to Mr. Scammell, and given to the policeman—the prisoner was taken away in custody.
WILLIAM SEYMOUR . I am a policeman. I got these boots from Mr. Brown, at Mr. Scammell's shop—I have had them ever since—the prisoner was given into my custody by Mr. Storey—I took him to the prosecutor's shop—I was present when Mr. Brown produced the boots in the prisoner's presence—Mr. Scammell claimed them—the prisoner said nothing.
MR. SCAMMELL re-examined. These are my boots, and what I saw in my window five minutes before the glass was broken.
Prisoner's Defence. I was very much intoxicated that evening; I know nothing of the charge.
557. WILLIAM EMMERTON and JAMES BROOKS were indicted for feloniously cutting a holly-tree, growing in the garden of John Brown, belonging to his dwelling-house, with intent to steal part of the said tree, the property of the said John Brown.—2nd COUNT, for doing injury to the taid tree, to an amount exceeding 1l., to wit 2l., 10s.
MR. PRENDERGAST conducted the Prosecution.
WILLIAM WARREN (police-constable K 301.) My beat is in the parish of Wanstead, in Essex. At twelve o'clock, on the night of the 19th of Dec., I heard a dog barking in the direction of South-lane, adjoining Wanstead-park, which belongs to Mr. Boyle—I went there, and stood and listened—I heard a noise in the direction of Blake-hall, which belongs to Mr. Brown, as though some persons were bustling in amongst some bushes—I got over the pales, and went on till I came to a wall that runs between the park and Mr. Brown's premises—I could then hear the same noise—I stood by the wall on the park side for half a minute till I heard as though some person was climbing a tree—I jumped on the top of the wall, and saw the prisoner Brooks come within about three yards of me, through some laurel shrubs, on Mr. Brown's premises—he came as though he was on the look-out—he turned his head and saw me, and, went back again through the shrubs—this was at the back front wall of the premises—I then crossed from the first path into the second—(Brooks was then running away from me) and went to a holly-tree, which was amongst some shrubs—I went under the tree, and saw Emmerton on the tree in the act of cutting the holly—(I knew both the prisoners well before)—I found a great many branches cut from the tree—some were tied up in a bundle, pretty nearly as large as a man could carry, and some were loose about under the tree—Emmerton was cutting them either with a knife or a saw—I saw his arm in motion—I said, "Halloo, what do you do here? come down"—he did not speak, but after a time he came down—I caught him by the collar, and we had a long struggle together, for I suppose ten minutes—I said, "It is no use, I know you very well, you had better go with me quietly," and he consented to go to the house with me—I went towards Mr. Brown's house, and when I got him within about twenty yards I met Mr. Brown's servant, who opened a door, and I took Emmerton through the door which led to the gardener's house—when I got him inside I took the handcuffs out, and Emmerton said he would not be handcuffed—I could not do it myself—I charged Mr. Brown's two servants to aid me, and I took him into, custody—
the sergeant took Brooks in Wanstead-park, about one o'clock the next day—I was within a few yards of him when he was taken.
Cross-examined by MR. DOANE. Q. Is not this what they call Christmas? A. Yes, it is a very common thing indeed—this was a beautiful tree, very full of berries—it was not half a minute from the time I first saw Brooks till I got to the tree.
THOMAS WYBROW . I am gardener to Mr. William Brown. I was alarmed in the course of that night by the dog barking and the noise of the rattle in the garden—I got up, looked out of the window, and saw the officer with Emmerton in charge—I went down, and let the officer and Emmerton in, and Mr. Brawn's groom—I saw the place where the holly had been cut—it is on the left-hand side of the back front of the house—the tree stands on the border in amongst the plantation—it could be seen from the window of the house—there was as much cut off it as two men could carry—I should say the injury done to the tree would amount to 50s.—it was a large holly tree—it stood about fourteen or fifteen feet high.
Cross-examined. Q. How long have you been a gardener? A. These last twelve months—I have not had much experience as a gardener—I was a groom before that, but I nad been a gardener before I was a groom—I know about as much of horses as I do of holly—I have not had many hollies to do with in my life—I have planted two or three score—I never bought any.
Q. Do not you know, as a gardener, that a holly loses its beauty when it grows up to a height, and is it not straggling and unsightly when it doet not cleave to the ground? A. This tree was in good health—I know the leaves cease to grow at the lower part when a tree grows up high—cutting tree will make it sprout out and become bushy below in the course of time—that is the effect of cutting trees in general—this tree was somewhat cut down—I think the part that remained was damaged to the amount of 50s.
MR. PRENDERGAST. Q. Do you think the tree was the better for it? A. No, Sir—it was not a better tree than it was before—we do slip holly sometimes—this tree would not be slipped in this way to improve its appearance.
JOHN BROWN . I live at Wanstead. This tree was in my back garden—it was so placed as to be quite exposed to view—the damage done to it is considerable—twenty guineas would not replace it—they have cut down the main stems and main top branches and the leading branches—there were three or four kinds of holly on it—it was from eighteen to twenty feet high—it was a very valuable tree—I believe the prisoners live in the neighbourhood, but I do not know them.
Cross-examined. Q. I suppose you are speaking as a man of taste as to the value of the tree? A. Yes, not its intrinsic value—I could not replace it at any price—the house is my dwelling-house, and is in the middle of the garden—I can walk out of my dining-room to this tree directly, without going through any palings or gate—it belonged to me, and is in my garden—I should say Lord Wellesley has no claim on it whatever—I pay my rent to that family—I have a lease of my premises—I did not plant the tree—I have the use of it, and I suppose I am to leave it to the Wellesley family—I should not feel myself justified in cutting it down—I could not sell it without their consent.
M R. PRENDERGAST. Q. It is your property at present? A. Yes—no person had a right to cut it down or dispose of it but me—I would not have taken it up, because I consider it would be a great injury—I consider the damage I have sustained to be a great deal more than 50s.—my term is thirty years from this time.
Emmerton's Defence. He says I was sawing or cutting—I had no instrument in my hand—I beg pardon—I have a wife and seven small children—I
have not a bit of bread for them to eat—I hope you will be as lenient as you can
JURY to THOMAS WYBROW. Q. Did the policeman attempt to put the handcuffs on Emmerton, and did he resist? A. Yes, and the officer called on me to assist him.
(The prisoners received good characters.)
EMMERTON— GUILTY . Aged 40.
BROOKS— GUILTY . Aged 38.
confined Eighteen Months.
Before Mr. Common Sergeant.
558. HENRY HART was indicted for stealing, on the 80th of Dec., 1 coat, value 10s., and 1 handkerchief, 1s. 6d.; the goods of William Lash; and that he had been before convicted of felony; to which he pleaded
GUILTY .— Confined Nine Months.
Before Mr. Recorder.
SARAH JANE SKIDMORE . I have been servant to Mr. Brown, of Liver-pool. I am not now in service, but live at Lee, in Kent—I have only been at home a month—the prisoner is my brother—on the 17th of Dec., I had four sovereigns in my desk, which I locked—on Saturday the 21st of Dec. I went to my desk, I tried the lock, but do not know whether it was locked or not—I do not know whether the key turned or not when I opened it—there was a mark of the desk having been forced open, and I missed four sovereigns—I had left the prisoner at home on the 20th, between seven and eight o'clock—he has always lived at home at my mother's expense, and has not done any work lately—he never would work—I have frequently given him clothes and other things—I gave him 2d. and 3d. at times, but no silver or gold—I kept my key in my pocket—I had not missed it—I never left it about—he had no means of living—he never did work, only at chance times.
JAMES MUCKLE . I am landlord of the King's Head, at Greenwich. On Tuesday the 20th of Dec., about half-past ten o'clock, the prisoner came there, and had something to drink—he changed a sovereign to pay for it, and left two sovereigns in my care—in about five minutes afterwards he took them back again, and went away about eleven o'clock at night—I did not know him before.
ALFRED BUTLER . I am potman at the Eight Bells, at Greenwich. On the 20th of Dec., between eight and nine o'clock, the prisoner came and had a pot of porter, which he paid for with a sovereign—I gave him change.
WILLIAM SMITH (police-constable R 49.) I apprehended the prisoner in Queen-street, Greenwich, on the 21st of Dec.—I told him he must come with me—he said, "What do you take me for?"—I said, "On suspicion of breaking your sister's desk open, and taking four sovereigns"—he said, "Well, I suspected that directly I saw you"—I found nothing on him—he said he had been robbed of 2l. 15s.
JAMES THOMPSON (police-constable R 234.) I produce a certificate of the prisoner's former conviction, which 1 got from the office of the Clerk of the Peace of Maidstone—(read)—I was present when he was convicted—the prisoner is the person described in the certificate.
GUILTY . Aged 20.— Transported for Seven Years.
JOHN SAVILLE . I am a broker, and live at Woolwich. On Friday last, at one o'clock, I missed from my door a pair of breeches and waistcoat, worth 12s.—I found the prisoner in my son's company, and gave him in charge—the clothes produced are mine, and what I lost.
MARY LOCKHABT . I am the wife of Joseph Lockhart, of Wellington-street, Woolwich, next door to the prosecutor. Last Friday, I was standing at my window, and saw the prisoner walking to and fro through the passage several times, he then went to the gate, looked up and down the street, went and reached his arm over a wall adjoining the passage between the two houses, and took these clothes—I saw him go away with them.
(The prisoner pleaded poverty.)
GUILTY . Aged 48.— Confined Two Months.
Before Mr. Justice Erskine.
GUILTY . Aged 24.— Transported for Life.
562. JOHN SNOW was indicted for breaking and entering the dwelling-house of Elizabeth Sinncock Bennett, on the 3rd of Jan., at Greenwich, and stealing therein 1 watch-case and dial, value 10l., her property; to which he Pleaded
GUILTY .— Transported for Ten Years.
JONATHAN MILLER . I am a private in the Marines, at Deptford. On Tuesday night, the 27th of Dec., I was walking with the prisoner Baker, at Deptford, and between eleven and twelve o'clock, and met Herd walking in the street—we all three then walked together—we walked about the street all night, as we could not get into any place—at four o'clock in the morning, we went into a coffee shop—I called for three cups of coffee, and paid for it—I had some silver, and a sovereign in my pocket which I had not changed then—I paid away half-a-crown at the coffee-shop—we then went to a gin-shop opposite—I then had the sovereign, and some silver in my pocket—I changed the sovereign there, and then had about 23s. in silver in my pocket—I had no copper to ray knowledge—my money was in a blue purse—after leaving the gin-shop, we went to the Little Crown—I went to sleep there, with my head on the table—I then laid on the form, and rolled off the form—the prisoners were both there when I went to sleep, which was about nine o'clock in the morning—I had my money then, and had paid for everything—I awoke between two and three o'clock in the afternoon—I found the prisoners gone, and missed my-money, purse, and all—I saw Baker, as he came back afterwards, and said he wanted to speak to me—I went out to him and said, "What do you want?"—he said, "I am going to take you to the woman"—I said, "Why?"—he said, "I know the money is all safe"—I went with him to the Fishing Smack, where he said the woman was, but she was not there—I said, "Most likely you know where she is, I will wait while you fetch her"—I waited there an hour and a half—he never
came back—I never saw him or her again till they were both in custody—I know Baker had no money—I never gave him permission to take my money—I have never seen purse or money since.
MATTHEW SMITH . I am a marine, quartered at Deptford. On the afternoon of the 31st of Dec., I met Herd at Woolwich—I stopped her, and asked her what she had done with the prosecutor's purse—she said, "Where is her?"—a policeman came up while I was talking to her—I was ordered to take her to the barracks—I asked her how the purse came oat of the man's pocket—she said, "I took it out"—I gave her in charge.
ROBERT MINTON . I am landlord of the Little Crown, at Deptford. On the morning of the 28th of Dec., between nine and ten o'clock, the prosecutor came there with the prisoners, and had a pint of half-and-half, which Herd paid for—they had some rum and shrub also—I heard them talking together, and differing about half-a-crown—Herd said, "I have got no more," and pulled a blue purse out of her pocket—she counted the money out on the table, and there was 19s. 6d. in it, in half-crowns, shillings, and sixpences, and 4d. or 5d. she bad in her hand—I believe that did not come out of the purse—she put the money back into the purse, and I believe put it into her pocket—Baker said, "It is all right, we will go away, and be baek in half-an-hour"—they did not return—he came back about five o'clock, and took Miller out—I never saw him after.
Herd. I did not count the money out before you. Witness. Yes, you did.
CHARLES NICHOLS . I am a policeman. I took Herd into custody—I said nothing to induce her to say anything—Smith said that she had acknowledged taking the purse—I asked if it was so—she said, "I did; I should not have taken it if it had not been for Baker."
Baker's Defence. In the morning she took the money oat of Miller's pocket; I made her put it into his pocket again; she counted it on the table; there was a dispute about how much there was; I said the landlord should be called and take care of it; she said, "No, I can take care of it," and put it into her pocket; shortly afterwards we went to another public-house, and another girl took her away; she said, "We had better go to another public-house, and let him lie down and go to sleep;" I went away, and slept myself for two hours, and when I awoke she was gone—I went to the prosecutor, and afterwards went and found her.
Herd's Defence. The man had laid down to sleep on the table; Baker said, "Take the money out of his pocket, then it will be all right;" I, foolish-like, being a country girl, took the money out of his pocket, and called the landlord twice to see that it was counted over right; I did not intend to keep it; when I got out of the door Baker took me by the hand and said, "Give me that money, I shall have to make it up again," and I, foolish-like, gave it him, pnrse and all; I have not left my own home ten weeks.
HERD— GUILTY . Aged 19.— Confined Three Mouths.
BAKER— NOT GUILTY . Before Mr. Baron Gurney.
564. THOMAS WATTS was indicted for stealing, on the 27th of Dec., 6 shirts, value 12s.; 8 pairs of trowsers, 1L. 4s.; 4 jackets, 20s.; 3 pairs of stockings, 2s.; 1 towel, 6d. 2 waistbands, 2s.; 9 brushes, 4s.; 3 printed books, 1s.; 4 bags, 3s.; 1 handkerchief, 6d.; 3 knives, 1s.; 2 combs, 2d.; 2 snuff-boxes, 6d.; 1 spoon, 1d.; 1 stock, 1s.; and 37 skeins of thread, 6d.; the goods of Thomas Saunders.
wagon from Deptford to Woolwich—I put my kit in the wagon—it contained three shirts, three pairs of stockings, two red jackets, one coatee, a white jacket, one pair of boots, several brushes, a knife, box, spoons, stocks, combs, two waist-belts, and a towel—in the evening, when I got to Woolwich, I missed my kit—I have since seen a great many of my things.
SARAH PAGE . I live at Woolwich. On the evening of the 27th of Dec. the prisoner came to my house with a bag, and wanted to overhaul it there—he overhauled it—I saw it was the contents of a soldier's kit—he took some things out, and took away a pair of boots, a white jacket, and white shirt—he sold the boots to a person for 6d. in my presence, and left the other things—he came again next day, and my husband told him to take the things away out of the place—he said he would come in ten minutes for them—he did not come, and my husband went to the barracks and gave information—Saunders came and saw the things, and claimed them—we gave them up to him—the prisoner said the things were his own, that he had bought them in the shed for 10s.—he was very tipsy when he came.
Prisoner's Defence. He has had the things in his possession ever since; most likely he took the things himself, and being short of his kit, charges me with stealing them.
GUILTY . * Aged 24.— Confined Six Months.
GUILTY . Aged 23.—Recommended to mercy.— Confined Pour Month, without hard labour.
566. MARIA SMITH was indicted for stealing, on the 1st of Nov., 1 shawl, value 5s., the goods of Mary Ann Cummings: and 2 shirts, value 16s.; and 1 shift, 1s. 6d.; the goods of Edward George Towers, her master.
AMELIA TOWERS . I am the wife of Edward George Towers; I am a laundress, and live at Black heath. The articles stated had been sent to me to wash—I employed the prisoner as a washerwoman on the 1st of Nov., while she was washing that day I missed these articles—she left me about one o'clock, and did not return—I owed her half-a-crown for her work.
EDWARD GEORGE TOWERS . I am the husband of Amelia Towers. On the 1st of Nov. I was going home to my own house through Blackheath-park, and met the prisoner coming in a direction from my house, with a bundle in her arms—I did not speak to her.
Prisoner. I had no bundle. Witness. Yes, I saw it in her arms, rolled up in her apron.
JOHN CARPENTER (police-constable R 14.) On the 16th of Dec. I took the prisoner at Oxford—I told her I apprehended her on a warrant, and I read the warrant to her—she said part of it was true, and part was a lie—I brought her to Greenwich, and there she said she had only taken one shirt, and Mrs. Towers had spoken to two—none of the property has been found.
Towers, and sbe'put it on the desk—we missed it, and have never seen it since.
Prisoner. I acknowledge taking one small shirt and a shift; that is all.
GUILTY . Aged 37.— Confined Four Months.
567. JAMES SMITH was indicted for breaking and entering the shop of Thomas Couchman, on the 15th of Feb., at Lee, and stealing therein 1 mortise-guage, value 2s. 6d.; 1 square, 2s.; 1 rule, 1s.; 1 screwdriver, 6d.; 1 pair of compasses, 6d.; 1 pair of pincers, 6d.; 2 gimlets, 3d.; 2 bradawls, 3d.; 9 planes, 1l. 10s.; and 3 saws, 9s.; the goods of the said Thomas Couchman; and that he had been before convicted of felony.
THOMAS COUCHMAN . I am a licensed victualler, and a carpenter, and live at Lee, in Kent—I have a shop at Lee-green, in the parish of Lee. On the night of the 14th of Feb., 1839, my shop was robbed—it was left locked at dusk that night—my son locked it—I was with him at the time, and I took the key and hung it up behind some timber, where it was concealed—there was considerable property of mine in the shop—it was left safe between six and seven o'clock—my man went the next morning, and I had lost a mortise-guage, two hand-saws, a 3-foot rule, and other things—I took out a search-warrant, I think about the 26th, and the officer went to the prisoner's house and found some things, but I did not go with him—the property that was found was mine, it had been safe in my shop, and was stolen at the same time as the others—the property that was found is not here—it was pat into the hands of the inspector of the Lee police, and he has absconded—I am able to say it was my property—there were two gimlets, and a mortise-guage, and two saws, which belonged to a man of mine, but they were in my shop—the place where they were found belonged to the prisoner—it was not far from my shop—the prisoner worked for me—I have seen him and his wife there, and know they lived there.
JAMES HOULTON . I was constable of Lee. I went to search the prisoner's house on the 26th of Feb., 1839—I knew it was his bouse—I found there a mortise-guage, two gimlets, a pair of pincers, and two bradawls—they were shown to Mr. Couchman, and he identified them in my presence—they were given to Adams, the inspector, and he has gone away with them.
JOHN CARPENTER (police-constable R 84.) I apprehended the prisoner at Oxford, on the 16th of Dec. last—I read a warrant to him respecting another case, and then I said, "Mr. Couchman has another case against you"—he said he hoped Mr. Couchman would not come against him—I searched a basket which was given to me by the authorities who took it from him, he claimed it as his, and told me where I should find it—I found in it this three-foot rule, this screw-driver, and this chisel.
MR. COUCHMAN. I know this broken chisel, it was in my shop at the time the prisoner was working for me—I had a rule and a screw-driver exactly like these, but I cannot swear to them—I can to this chisel.
Prisoner. Mr. Cox lent me that chisel to scrape some paint with—I do not know anything about the things.
RICHARD IRWIN . I am a policeman. I produce a certificate of the prisoner's former conviction, which I got from the policeman at Maidstone, signed by H.A. Wild, Deputy Clerk of the Peace for Kent—(read)—I was at the trial—the prisoner is the person.
GUILTY of stealing only. Aged 36.— Transported for Seven Years.
568. CHARLES PERRIN was indicted for stealing, on the 22nd of Dec., 1 saw, value 2s.; 1 microscope, 2s.; and 2 printed books, 1s.:—also, on the 24th of Dec., 1 crow-bar, value 6d., the goods of Joseph Holton: to both which he pleaded
GUILTY . Aged 16.— Transported for Seven Years—Convict Ship.
THOMAS HALL . I am a pensioner at Greenwich-hospital. On the 22nd of Dec., I went to the prisoner's house in King-street, Deptford, about ten o'clock in the evening—I was a little half-seas-over, and was taken there by a female—I sat smoking and drinking till three in the morning, in the prisoner's kitchen—I then went to bed with Charlotte Dunn—the next morning we got up and had some breakfast—after that I was brushing my coat, and brushed my gold wedding-ring off my finger—they got me a light, and the prisoner, his wife, his servant, and myself, searched for it, but could not find it—Dunn did not move off her chair—she said, "You old fool, you are looking for your ring, when he has got it"—I afterwards left the house, because the prisoner, his wife, and servant threatened to beat Dunn's brains out for charging him with the robbery—before I left the house I said to the prisoner, "If you find the ring, will you bring it to the College?"—after that I got information from Dunn—in consequence of that I went back to the house with an officer, and had the prisoner taken into custody—I asked whether the ring was found—he said no.
Cross-examined by MR. CLARKSON. Q. Did you pass off Mrs. Dunn as your wife? A. No—I am sixty-five years old—I cannot tell how much I drank that night—in the morning I drank one glass, which the prisoner's wife brought up to bed to us—I sent for it and paid for it—I cannot say where Mrs. Dunn lives—the ring had been at the pawn-shop two days before—I bought it of Mrs. Dunn for 8s.—it was her wedding-ring—I have known her two or three years—she always passed with me as a widow—she was living with a brother-pensioner named Dunn—she might be living with him a week before she slept with me.
CHARLOTTE DUNN . I am a widow, and live at Greenwich. On Thursday night, the 22nd, I went to the prisoner's house with the prosecutor—I staid there with him, and went to bed with him—the next morning he was brushing his clothes, and brushed the ring off his finger—I saw it on the floor, and the prisoner picked it up—they all looked for the ring, but I did not—I said the prisoner had it—I went away after the prosecutor, and returned with him and a policeman—I told him the same as I had before—I bad a duplicate of the ring, and sold it to the prosecutor.
Cross-examined. Q. How long have you had the misfortune to lose your husband? Witness. What husband do you mean?—I did say I was a widow, but I told the truth with respect to the property—the man has no claim on me—I have a husband alive—I said I was a widow, because I was taken at a nonplus—I have a husband that has left me for twenty-seven years—he is not in the College—I said I was a widow, because I work for myself—I go out washing, or doing other sort of household work.
NOT GUILTY .
Before Mr. Common Sergeant.
570. JOHN BLACKBURN was indicted for stealing, on the 3rd of Jan., 2 shirts, value 1s. 6d.; 1 shift, 4d.; 2 pinafores, 1s. 6d.; 1 apron, 2d.; and 1 sheet, 9d.; the goods of John Friday: and MARY ANN VASSEY , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
BLACKBURN pleaded GUILTY . Aged 18.— Confined Three Months.
JAMES ROSS . I am shopman to Mr. Dowson, a pawnbroker. I produce these things—one of them is marked "F"—they were pawned on the 3rd of January, by Vassey, for 3s. 6d.—I understood they were her own—she has been in the habit of pawning with us.
EDWARD ROBERT SOUTH . I took this bundle to Vassey's—I told her she was to iron them, and get as much as she could on them—I said 1 got them from a person at the bottom of the street—she said she would, and I left them there—Blackburn had given them to me—he is apprenticed to my father.
VASSEY— GUILTY . Aged 42.— Confined Six Months.
Before Mr. Recorder.
GEORGE GURNEY . I keep the Red Lion public-house, Walworth-road. The prisoner was my barman. On the 27th of Dec. I marked four shillings, and handed them to Mr. Pulman, and next day, Wednesday, the 28th, about eleven o'clock, I went out, and remained out till three—on my return, I received from my foreman a bag containing twelve shillings, in which were three of the shillings I had marked and given to Pulman—I saw Mr. Pulman in the evening, and in consequence of what I heard from him, I gave the prisoner into custody—he was searched in my parlour, and one shilling found on him, which I had previously marked.
JAMES PULMAN . I am a cabinet-maker and broker. Mr. Gurney handed me four marked shillings last Tuesday—I went, bylils direction, to his house, from twenty minutes before two to two o'clock, and paid four shillings to the prisoner, for different liquors—I gave him the shillings I had received from Mr. Gurney and seen him mark—I saw the prisoner put the same shillings into the till, I am quite sure.
JAMES JANE . I am foreman to Mr. Gurney. On Tuesday, the 28th, he gave me direction—I went to dinner about twenty minutes before two o'clock—I then cleared the till into a drawer, leaving what was necessary for the business—I left the prisoner in charge of the bar by himself—he goes to the till to give change—I came from dinner about two—I cleared the till again directly—I quite emptied it, as I knew some money was to be sent in—I kept what I took out on that occasion, and handed it over to Mr. Gurney when he came home, about three o'clock.
DAVID EVEREST (police-constable P 21.) I was called into Mr. Gurney's house on the 28th, and received charge of the prisoner, searched him, and found 16s. 7d. in various pockets, and in the left-hand waistcoat-pocket three shillings, one of which was shown to Mr. Gurney—I have the other three shillings in the bag.
MR. GURNEY re-examined. I know these three shillings by the small "G" under the head—these were in the bag—this one found in the prisoner's pocket was one I handed to Mr. Pulman—I had not marked others on other days in this way—the prisoner had been in my employ nearly three months—before that he lived with Mr. Clark, in the Commercial-road, in the same business—I had a middling character from him—he was with him a month—I was pressed at the time for a young man.
Prisoner's Defence. On Wednesday afternoon a boy came in with oranges; I took a shilling out of my pocket to pay him, but finding I had smaller change I put one shilling into the till, and took out another, which I suppose was the marked one; I took sixpence and sixpenny worth of halfpence out, paid the boy 1d., and in putting the change into my pocket I found I had got the change; I put the change back, and took out the shillings.
MR. GURNEY re-examined. He had no business to take change or any thing out of the till for his own purposes—he would give customers change out of the till.
DAVID EVEREST re-examined. When I took him he at first said the money found on him was all he had—Mr. Gurney said, "You have a great deal of money, how came you by it?"—he said he carried all his money about him—I found 1l. in silver in his box—he declined saying any thing about the marked shilling, and before the Magistrate he declined saying any thing till the second witness was examined, then he made this statement.
JAMES JANE re-examined. Among the money which I took out of the till was one half-crown and four shillings, the three of Mr. Pulman's and one more—there was no shilling but the marked money—there were four marked shillings—one I had put in myself, which Mr. Gurney gave me before he went out—I found that and three others—there were five marked shillings—Mr. Gurney had marked the one I had, and told me to put it in, so that the prisoner could not have put one in himself.
MR. GURNEY re-examined. Here are 12s., which came from the bag, consisting of eleven sixpences, one half-crown, and four shillings—I marked the whole four shillings—three of them I delivered to Pulman, and one to Jane to put into the till—that is marked different to the four—if the prisoner put one shilling in and took another out, he must have put a marked shilling in.
Prisoner. I took several shillings while they were at dinner, and changed several.
GUILTY . Aged 24.— Confined Six Months.
Before Edward Bullock, Esq.
572. JOHN QUIER was indicted for feloniously assaulting George Frederick Strudwick, on the 30th of Dec., and cutting and wounding him in and upon his head, with intent to do him some grievous bodily harm.
(Upon the evidence of Mr. M'Murdo, surgeon of the gaol, who was of opinion the prisoner was not in a state of mind to take his trial, the prisoner was found to be of unsound mind. )
GUILTY . Aged 20.— Transported for Fifteen Years.
Before Mr. Baron Gurney.
574. HENRY RICHARDSON was indicted for breaking and entering the dwelling-house of Francis Gautier, on the 30th of Dec., at Lambeth, and stealing therein, 3 gowns, value 3l. 7s.; 1 jacket, 14s.; 1 coat, 1l.; and 1 apron, 6d.; his property.
six o'clock in the evening—there are lodgers in the house—left the door as it is always left, on the latch—it would open with a latch key—I am quite sure I left it shut—I came home about half-past eleven o'clock, and next morning missed a morning dress, which I wished to put on, and at one o'clock in the day I missed a black silk dress, a green silk dress, my husband's coat, a jacket, and apron—I saw them all again at the police-office.
WILLIAM GUEST . I am a policeman. Last Friday evening I was in the Westminster-road, about 500 yards from Mr. Gautier's bouse, and met the prisoner carrying a bundle—I followed him about half way down the New Cut, and asked what he had under his arm—he said, "A gown"—he could not tell what else—I asked him to let me see them—I took him into a potato-warehouse, and asked him again if he knew what was in the bundle, before I opened it—he said he could not exactly say—I took him to the station after great resistance—he threw himself down, and said he would not go, and used threatening language—I found then the bundle contained two silk gowns, one cotton one, a jacket, a frock-coat, and apron—I found a latch key and a drawer key on him at the station, with a box of lucifers—I went to Mr. Gautier's afterwards, tried the latch key, and found it opened the door with ease—when I first saw the prisoner he said a woman had given him 6d. to carry the bundle to a street on the other side of Blackfriars-road, and at the station he said a man gave him 6d. to carry it, and refused to answer any further questions.
Prisoner. He began to knock me about—he was dressed in private clothes, and I said I would not go with him. Witness. I did not knock him about at all—he threw me down, and kicked me very much—he put his hand into his pocket, as I thought, to get a knife—it took three or four constables to take him to the station, he was so violent.
MRS. GAUTIER re-examined. These are all our property—the value of the whole is 5l., I think, to me—the apron they are wrapped in is not mine—my apron is inside.
Prisoner's Defence. As I was coming along the Westminster-road a man asked me to earn 6d. by carrying a bundle down the Blackfriars-road; he asked if I had got a handkerchief; I said, "No;" he asked me to take my neck handkerchief off; I took my apron off, and tied them up; I could not exactly tell what they were, as I did not notice them as I was tying them up.
GUILTY . Aged 21.— Transported for Twelve Years.
Before Mr. Justice Wightman.
HARRIET STONEHAM . I am the wife of William Stoneham, a butcher, in Swan-lane, Rotherhithe. On Saturday, the 31st of Dec., I was in the shop, and turned my back to get a shovel of sawdust—I saw two boys pass the window at twenty minutes before eight o'clock—in about five minutes I missed two breasts of mutton, and a brisket of beef cut in two, from the board outside the shop—I did not see the boys' faces—one was a stout one.
ANN GRIFFIN . I live at Rotherhithe. Last Saturday evening I was sitting in a room opposite the prosecutor's shop, and saw the prisoner take two pieces of beef off the board—there were three more with him—he was by himself when he took it, and the other three were under our window—I had seen him with them before, standing under a paling—he went over by himself, and took the beef—he brought it across under our window, and tied it up in a handkerchief, and went down Adam-street—I was up stairs at the time—I ran down, went over, and told Mrs. Stoneham—I then ran after them down Adam-street, and caught a little boy who he had given the meat to—he
dropped it, and then the prisoner hit me—he was in the middle of Adam-street, with the other boys—I had seen him give the meat to the other boy—I went up to him, and said, "Where is the beef you took off that board?" and they dropped it—I took hold of the little boy who had it, but the prisoner hit me, and I let go of him, and they all ran away—the policeman caught the prisoner on Monday—I saw him on Monday at the station—I have known him for the last six months by sight, and have heard him called Ragan before that.
MARTHA LACY . On Saturday evening I was in my room with Griffin—I saw the prisoner run across the road, take the beef off the board, bring it under the window, and give it to a little boy—he then crossed again, took another piece, brought it under the window, and tied it up in a handkerchief—they went down Adam-street—Griffin went after them.
Prisoner. Q. Did you see me cross the road? A. Yes, I am sure of it—I did not know you before—there was light from the shop, and in another shop—the butcher's shop had a strong light, and so had the other shop.
THOMAS TOWERS . I am a policeman. In consequence of information, I apprehended the prisoner on Monday—I had seen him on the Saturday, in Swan-lane, in company with three more boys, from half-past seven till nearly eight o'clock, near the prosecutor's shop—I saw him pass the shop-window in company with three smaller boys—I knew his name, and knew him by sight.
GUILTY . * Aged 17.— Transported for Seven Years.
Before Mr. Recorder.
576. WILLIAM GUILDAY, MICHAEL GUILDAY , and JAMES GUILDAY , were indicted for breaking and entering the dwelling-house of James Beswick, on the 24th of Dec., at St. George the Martyr, Southwark, and stealing therein, 1 coat, value 2l. 10s.; 4 waistcoats, 2l. 10s.; 3 pairs of trowsers, 3l.; 1 jacket, 1l. 10s.; 2 cloaks, 2l.; 1 pair of breeches, 1l. 10s.; 2 gowns, 2l.; 5 handkerchiefs, 15s.; 1 shawl, 5s.; 1 petticoat, 2s.; 6 spoons, 4l.; 1 ladle, 15s.; 1 pair of sugar-tongs, 10s.; 2 watches, 4l.; 1 seal, 1l. and 4 watch-keys, 1l. 10s.; his goods.
MR. PAYNE conducted the Prosecution.
JAMES BESWICK . I am a plumber, and live in St. George's-road, Southwark. On Saturday, the 24th of Dec. I and my wife went out at twenty minutes or a quarter before nine o'clock in the evening—the inside of the house was perfectly secure—I locked the front-door myself when we left—I returned about twenty minutes after nine—I had been absentrather under half an hour—I put my key into the lock, and found it on the single lock—I had double-locked it—I desired my wife to remain outside, which she did—I went and examined the house, and found my kitchen-door open, and a piece of candle taken out of a candlestick—I went into my bed-room, found the plate-drawer open, and spoons and various articles, gone—I had opened the drawer before I left, and it appeared all there then—the value of all the property missing was about 40l.—the parties must have entered the house by a key, for my backdoor was closed—I found the property at No. 9, York-street, Lock's-fields—I examined a coat, three pairs of trowsers, a pair of smallclothes, four waistcoats, a cloak, five handkerchiefs, two dresses, a shawl, a petticoat, a jacket, a punch-ladle, a pair of sugar-tongs, two table-spoons, and two salt-spoons, all of which were my property—I found all this property but the plate in a room which, I believe, is in York street—I went there with the officer.
Cross-examined by MR. CROUCH. Q. What room was it? A. A first-floor
room, at No. 9, York-street—I saw three children there in bed—I saw a woman before I got into the room—she said nothing to me.
HENRY LUPTON (police-constable L 7.) On Saturday night, the 24th of Dec., I went to No. 9, York-street, Lock's-fields—I saw an elderly female and the prisoner James Guilday there—he showed us where the landlady who let the house lived—she was an aged woman, living at a short distance—I said, in James's presence, that I had come in search of stolen property—the woman denied that any had been brought there—we went up stairs to the front-room first-floor—I got a key out of the door of the back-room ground-floor, unlocked the room-door up stairs, and found the whole of the wearing-apparel which had been stolen from the prosecutor's house covered over with the bed-clothes—there were three children in bed at the time—the three prisoners occupy two rooms on the ground-floor, I was told, but I never saw them there—the only person I saw in the house was James Guilday—he was in the front-room on the ground-floor.
Cross-examined by MR. CROUCH. Q. Did you find a key? A. Yes; it was in the ground-floor room—I did not mention that before the Magistrate—I saw the old lady and James Guilday in the house—I inquired who resided in the first-floor, and they said a man named Harley—the biggest of the children said so—I found no property in the prisoner's room—from information the little boy gave me, I went to Kent-street for Harley, but did not find him, and while I was gone the two other prisoners came home, and were apprehended.
Cross-examined by MR. HORRY. Q. Have you instructions to take Harley if you can? A. No, I have no instructions; I am not aware of any instructions to take him.
MR. PAYNE. Q. Were either of the prisoners living in the room of which you found the key? A. I did not see either of them there.
JURY. Q. What called your attention to the key down stairs? A. I saw it in the back-room door, and took it out to try, and it unlocked the up stairs door—it was quite a common key—I did not understand that the room I found the property in belonged to the prisoners—James was not taken into custody till the Sunday morning—the old woman was in the room I found him in down stairs.
JAMES BROOK (police-constable L 118.) On the morning of Christmas-day I searched the garden of the house of No. 9, York-street, and found a quantity of plate, some duplicates, and a handkerchief, buried in the garden near the water-butt—there were nine silver-spoons, a punch-ladle, and a pair of sugar-tongs broken up, all in a handkerchief, with the duplicates—Mr. Beswick claimed four spoons and the sugar-tongs—I saw the prisoner James Guilday sitting in the front-parlour at the time I made the search, which was on Sunday morning.
Cross-examined by MR. CROUCH. Q. Is the garden detached from the other houses, or is it common to the other houses? A. It is quite away from the other houses—it belongs to No. 9 only—it is divided by palings about four feet six inches high—there would be a difficulty in getting over, as part of them are about five feet high—it is not so high at the back part.
SARAH GWYER . I am the wife of James Gwyer, and live at No. 11, York-street, Lock's-fields. I know the prisoners William and Michael Guilday, by sight—I do not know James—they live at No. 9—on the Saturday before Christmas-day, about nine o'clock, I saw a cab drive up to the door—I went out, and saw William and Michael at their own door—the driver of the cab was at my door, which is two doors off—I do not know whether they could hear what he said—they were near enough to hear—I said, "Have you any one here for me?"—he said he had come too high up—I looked
round, and saw the two prisoners at their own door—the cab-man asked me if he could get into the Walworth-road by going straight up—I said, "Yes"—I did not see anybody in the cab, nor anything taken out.
Cross-examined by MR. HORRY. Q. Was there not a knock at your door? A. No—I was sitting in-doors, and heard the cab drive up.
Cross-examined by MR. CROUCH. Q. Did you see the men's faces? A. No—I believe it was the prisoners—I saw the side face of the elder one (Michael)—I am certain of them both, to the best of my belief—I have fre-quently seen them—I could not swear to their backs—I saw two persons of a similar size to the prisoners—I feel convinced it was them—they were stand-ing at their own door—I have no doubt of their being the two men.
JURY. Q. Do you know whether the cab stopped at any other house besides yours? A. No.
MR. HORRY. Q. Do you know who lodges at No. 9? A. I know one party who had been there nearly twelve months—I do not know of Harley living there—I have seen some children there, and have seen the prisoner Michael's wife with them.
JURY. Q. Did the prisoners occupy the whole of the house? A. I believe only the lower part—Mrs. Burridge is the landlady—I do not know who the children belonged to.
MR. CROUCH. Q. Do you know any of the other lodgers in the house? A. Yes, a man who lived there twelve months, with his wife and two children, in the back-room up stairs—I do not know their names.
HENRY COLLETT . I am a licensed driver of the cab—574 is the No. of my ticket. On Saturday, the night before Christmas-day, I was driving the cab No. 1182—I was on'the Elephant and Castle stand, in St. George's-road, and between eight and nine o'clock that night, a man and a boy came to my cab—I was standing on the pavement at the time—I found a bundle in the cab—they got in, and then the boy had the bundle in the cab—I drove by their direction to York-street, Lock's-fields—the boy got out first, and walked away, and the man got out and paid me—I saw Sarah Gwyer come out of No. 11, where I stopped at—she spoke to me—she thought it was somebody coming to her house—they did not go into her house—they went down towards No. 9—the place is so dark where they got out I could not see who they were—the tallest of the two appeared to have a light fustian dress on—they had opened the door of the cab and got in—they were in it when I went to it—the man was about the stature of the prisoner William.
Cross-examined by MR. HORRY. Q. You will not venture to swear to him? A. Certainly not.
Cross-examined by MR. CROUCH. Q. It was a man and a boy? A. Yes.
COURT. Q. What aged boy was it? A. About fifteen or sixteen-he had a cap on, but the place was so dark I could not see the difference in the height of them—he was a head and shoulders different—there was not more difference than there is between the tallest prisoner and the shortest.
JURY. Q. They did not speak to you till they got into the cab? A. No—I heard the door of my cab go, and ran across, and they were in it—they made no bargain with me—many gentlemen will jump on the last cab on the rank—they paid 1s.—the distance is better than a mile, but I went more than a mile and a half, as I did not know my way—they had large sized bundles—when they got out they said, "How much?"—I said 1s. 6d., and they gave it to me—they kept directing me as they went alone, to the right and left—I cannot say which spoke—I was attending to my horse, it
being blind—I heard the prisoners voices before the Magistrate—I did not recognize the voices of the persons in the cab.
CHARLES MANN . I live at No. 24, Lyon-street, New Kent-road. On the Saturday night, before Christmas-day, I was standing near St. George's-road, between eight and nine o'clock, and saw the cab No. 1182—I know Mr. Beswick's house—I saw two men and a boy come from towards Mr. Beswick's house towards the cap—the boy was carrying a largeish bundle on his right shoulder—he went towards the last cab on the stand, No. 1182, Which was driven by Collett—I took the number at the time, as I suspected them—they seemed rather suspicious to me—the bundle was first put on the front of the cab—then the two men went up, opened the door, and put it inside—the two men then came away, and went down a court by the side of me—where the boy went I cannot say, but the cab drove off directly—I do not know who was in it—I gave information to the polioe—the two men came away directly, and the cab went off—I did not see the boy after—I do not knew the distance of York-street from Mr. Beswick's—I should say it is more than a mile—I did not observe the people to notice them—their heads were down, and their hats over their eyes.
EDWARD GAMMON (police-constable L 102.) I was left in charge of the house, No. 9, Lock's-fields, on the night of the 24th of Dec.—I was put in charge of it shortly before twelve o'clock, and at half-past twelve Michael and William Guilday came there—I laid hold of Michael, and told him to come with me to the station—he asked what for—I asked if he did not occupy the up-stairs front room—he said he would split me to the ground if I entered it—I waited some considerable time till I got assistance—I kept the door in view, keeping outside myself—I went out, from the threat he used—I afterwards got assistance, and secured them both.
Cross-examined by MR. HORRY. Q. You found them both inside? A. Yes, one in bed in the back room—I have not found Harley, I do not know such a man—I have not looked after him, my brother constables have—we have not general directions to look for him—if I found him I would take him—I have no directions to take him—I would take him if I met him—I understand he occupied the up-stairs room, which the property was found in—I cannot say whether L 118 has been looking for him—I believe he has.
Cross-examined by MR. CROUCH. Q. You found the prisoners in the lower part of the house? A. Yes—when I asked if they occupied the first floor, Michael said he did not occupy the house at all—I mentioned at Union-hall about their threatening me—when they came to the station both Michael and William said they occupied the first floor—Michael said at Union-hall that they occupied the first floor—he said so at the station to a brother constable, in my hearing—they at first denied occupying it—I have not had a description of Harley's person—I have not seen any description of him written up at the office—if I knew the man I should take him—I do not know him.
MR. PAYNE. Q. Do you know whether there is such a person? A. I was told so by my brother constable—one of the prisoners at first said he did not occupy the room, and afterwards at the station Michael said they did, to one of the P division—he is not here—I do not know his name or number—I do not belong to that division—he said it in my presence.
MR. CROUCH. Q. Did you mention this before? A. It is the first time.
JURY. Q. Who told you the first floor belonged to Harley? A. The neighbours.
JAMES BESWICK re-examined. This is all my property—this plate was found buried in the garden, and the clothes are mine—they were found in the upper room—I have not recovered my spoons, and various other
articles—some plate was found buried which does not belong to me, but was tied up with it—the landlady of the house is very old and infirm—she was is bed—I went to her house—she is too infirm to come here—she is upward of ninety years old, I understand—she is the proprietor of the house, not the tenant.
Q. Why not bring the old lady that was in the room with James? A. I as not aware she was wanted—she gave such a confused story, I paid no attention to what she said.
Michael Guilday. I took the two rooms of the landlady.
MR. BESWICK re-examined. I got to No. 9 about half-past nine o'clock it at night, or a little 'after—I went there from information from Mann—he gave me information directly I opened my door—I think he went with me—I got into a cab, and went there I took the same cab that took the property, and the same cabman—I made him go back to the place—Mann did not go in the cab with me—the cabman gave me information where he took them to.
WILLIAM GUILDAY— GUILTY . Aged 26.
MICHAEL GUILDAY— GUILTY . Aged 28.
JAMES GUILDAY— GUILTY . Aged 16.
HENRY BOLT . I am a soap-manufacturer, and live in China-terrace, Lambeth. I had a coat, made by Mr. Wilding—it came home on the 9th of Dec.—I wore it on the 11th, and put it in the passage of my house—I did not miss it till the 18th—the coat produced is it.
FREDERICK WARD . I am in the service of Mr. Powell, a pawnbroker, in Suffolk-street, Southwark. This coat was pawned at master's on the 11th of Dec.—the two prisoners were both there at the time it was pledged—it was pawned in the name of John Williams—I cannot swear which of them gave me the name—they were both in the shop at the time they presented it—they came in together—one spoke, I believe—I cannot say which produced the coat, nor which took the money up.
Cross-examined by MR. HORRY. Q. Did you ever see them before? A. Yes—they had been pawned and redeemed before at our house, in the name of John Williams—I cannot say whether William Guilday ever pledged in the name of John Williams—my attention was called to them a day or two after the 12th—I have seen them come together to pledge before.
JURY. Q. Did they come into the box? A. Yes, both into the same box.
MR. PAYNE. Q. Was there more than one transaction between the two? A. No.
Cross-examined by MR. CHARNOCK. Q. You were very busy this day? A. Yes—I cannot recollect which gave the name, nor which produced the coat—there are other boxes—500 people come to our shop in a day.
JAMES BROOK (police-constable L 118.) I searched the garden of the house, No. 9, York-street, and found some duplicates there buried in a handkerchief—one of them was for the coat pawned at Mr. Powell's on the 11th
of Dec., for 24s., and it corresponds with the duplicate the panwbroker has produced.
WILLIAM GUILDAY— GUILTY . Aged 26.
MICHAEL GUILDAY— GUILTY . Aged 28.
Transported for Seven Years.
578. WILLIAM GUILDAY, MICHAEL GUILDAY , and JAMES GUILDAY were again indicted for stealing, on the 24th of Dec., 1 pair of steel-yards, value 6s.;" 1 winch, 9s. 9d.; 1 pair of scissors, 2s.; 2 reels, 5s.; 8 fishing-lines, 1l. 5s.; 1 clearing-line and ring, 5s.; 1 hook-case, 2s. 6d.: 64 books 1l. 10s.; 6 floats, 3s.; and 1 box, 5s.; the goods of James Martyr.
JAMES MARTYR . I live at No. 2, Montague-place, Old Kent-road. On the 24th of Dec. I had a case of fishing-tackle in my chaise in front of my house about twenty miautes to six o'clock, and in a few minutes I missed it—the box produced is the same—I have examined the contents, which are the articles named in the indictment—they are worth between 4l. and 5l.—I missed the chaise-box, with other articles, and a basket.
RICHARD CHART . I live in Union-row, New Kent-rpad. On Saturday night, the 24th of Dec, I was walking down the Kent-road, and saw the chaise by the side of the road—I saw three persons walking along, who I believe to be the prisoners from their height, appearance, and dress—I observed one cross over to the chaise—I believe it was Michael—he took something out of the chaise, put it under his coat, then went over the other side to the other two—they ran down the Coburg-road all three together—I informed Mr. Martyr and the policeman.
Cross-examined by MR. HORRY. Q. You are not quite certain of them? A. No, I will not swear to them. MR. PAYNE. Q. Do you believe them to be the persons? A. By their height and appearance—it was about a quarter after six o'clock.
Cross-examined by MR. CHARNOCK. Q. It was pretty dark? A. Yes—there are lamps there.
COURT. Q. Did you notice that one was younger and smaller than the other two? A. Yes—one I noticed to be a boy—they were under my observation about two minutes—I did not hear any of them speak—I saw them in custody on the following Monday, the 26th—the policeman took me to the office—they appeared to me then to be the same parties—they were dressed the same, and were the same height.
WILLIAM HOBBS (police-constable V 144.) On Saturday, the 24th of Dec., I went to No. 9, York-street, Lock's-fields—in the front room up stairs I found this box—the room door was locked—I found a key down stairs which opened it—James Guilday was in the front room down stairs at the time.
(The prisoner James received a good character.)
WILLIAM and MICHAEL GUILDAY— NOT GUILTY . JAMES GUILDAY— GUILTY . Aged 16.— Confined Six Months.
SAMUEL THOMPSON . I am a pork-butcher, and live in High-street, Wands-worth. On the 24th of Dec. the prisoner came to my shop and asked if it was convenient to pay the little account I owed to Mr. Day—I said, oh, yes, certainly, and tendered him two sovereigns to take the amount of the bill—I had known him previously as working at Mr. Day's, the saddler, in the same street—no sum was mentioned, but 1l. 18s. was the amount of the bill—I-placed the bill before him to write a receipt—he said, immediately, "I have not change"—I then gave him one sovereign and 18s., and he receipted the
bill in my presence—I supposed he had authority to receipt it—I believed him at the time to be a son of Mr. Day's—he was working there at the time I gave the order—I produce the receipt—(read)—"Dec. 24, 1842. Settled—CHARLES DAY."—he wrote the name of Day—the bill had been brought by one of Mr. Day's men about three days before.
Cross-examined by MR. BALLANTINE. Q. You had given him the 1l. 18s. before he signed the receipt? A. It was at the time of signing it, of course—I could not swear positively whether I paid him before or after he signed the receipt—there was not a minute variation either way.
COURT. Q. Was it done at the same time; you handed him the money, and he put his name to it? A. Yes—I should not have let him have the money unless I had had a receipt.
Q. Should you have allowed him to walk away with the money, if he had not signed the bill? A. I think I should, because it was my opinion he was a son of Mr. Day's, and that he came from him.
MR. BALLANTINE. Q. Unless you had believed him to be a son of Mr. Day, should you have entrusted him with the money? A. I should not without a receipt.
WILLIAM HENRY DAY . I carry on business in High-street, Wandsworth, but do not live there. I had a claim against Mr. Thompson, for 1l. 18s.—I did not authorize the prisoner to go in my name, or in any way to demand 1l. 18s. due to me—he has worked at my place—he did not pay the money over to me—I am not aware how he would know that such a sum was due to me, only from what I have heard—he had not access to my books, and did not carry my bills out—he is no relation of mine—I have a father, named John Rork Day, who resides at Wandsworth, but it is my concern—he is not the saddler—it is my business—Edward Day is my brother.
Cross-examined. Q. You were not bound over to come here were you? A. I was subpœnaed here by the policeman—I had no wish to further any punishment, but I must be well aware what the prisoner has done is wrong—it would not do for me to say anything to screen a party—I have not been told by the policeman that it would not do to screen any persons of this kind—it was not by the policeman's persuasion that I was induced to come forward—I was compelled to come forward—my brother had given the man into custody, and I was subpœnaed—I never said that I thought the prisoner never intended to rob me—I said while at work, he had acted as a man ought to do, and if the thing had not been carried so far, I should not have troubled, but I was compelled to do so—I did not say to anybody that I did not believe it was bis intention to rob or to cheat me, or to steal it.
EDWARD DAY . I am a journeyman to my brother, William Henry Day. I have the sole management of his business as a saddle and harness-maker, in High-street, Wandsworth—Mr. Thompson owed my brother 1l. 18s.—the prisoner had been employed in my brother's business about two months—he had no authority from me or my brother to receive any money on my brother's account—I sent the bill by one of the men, and asked him when he came back if it was convenient to Mr. Thompson to settle it—he said, "No"—the prisoner was present when that conversation took place—no sum was mentioned—the answer was, he would settle it next week.
Cross-examined. Q. He was a sort of superintendent, was not be? A. No.
COURT. Q. Is he any relation of the family? A. None whatever—I knew him as Charles Colley.
he said had got the money, and that he wanted it—he said Mr. Day owed him money.
SAMUEL THOMPSON re-examined. I tendered the bill to the prisoner, and he put the memorandum on it—I gave him the full amount—the money was on the counter, while he was writing the receipt—it bad not been removed till he signed the paper—then he gave me the bill receipted, and took up the money.
Cross-examined. Q. Do you remember anything at all about where the money was? A. In the shop—it was on the counter when he receipted the bill—I will swear I placed it on the counter before him, and that before he receipted the bill he had not taken it up—he had not had it in his hand before the bill was receipted—it strikes me as impossible that I should give a man the money without his signing the bill—I remember his signing the bill, and I remember placing the money before him—I will swear he did not take it up, and then sign the bill—I believed when he receipted the bill that he was a son of Mr. Day's.
Q. If he had been a son of Mr. Day's, should you have objected to pay him without a receipt? A. If I had had no bill I should have paid him.
COURT. Q. But after tendering him the bill, if he had declined to receipt it, should you have let him have the money? A. I should not have felt any hesitation, for I had been told he was a son of Mr. Day's.
MR. BALLANTINE. Q. Unless you had believed him to be Mr. Day's son, would you have parted with the money at all? A. If I had believed him not to be Mr. Day's son, I would not have given it to him without the receipt—I would have given it to him on his signing the receipt, whether he was Mr. Day's son or not.
Q. When you took the money, and handed it to him, what induced you to do so? A. His requesting me to settle it—I likewise believed he was Mr. Day's son—he said, "Would it be convenient to settle the amount of Mr. Day's little account?"
COURT. Q. In point of fact, you were prepared to pay the money, and produced it, but you at the same time tendered him the bill? A. Yes—I tendered him the bill to get his acknowledgement for it—if he had not put, his name to it, and declined to give me the voucher, I should not have liked to have given him the money.
MR. BALLANTINE. Q. Believing him to be Charles Day, would you have given it him? A. I should without the bill, but if he had denied signing the bill, I should have immediately perceived it was a planned robbery against me—I should have found out there was a trick played upon me.
COURT. Q. Would you have parted with your money if after producing the bill he had not signed it? A. I would not.
MR. BALLANTINE. Q. Would you not, believing him to be Charles Day, although he refused to sign it? A. I would not. WILLIAM HENRY DAY re-examined. The prisoner was taken before a Magistrate, and admitted to bail—I did not allow him to go to my house to work after that—he did not come again to work at the shop—before this happened he was regularly there, but he was not there at all after.
GUILTY . Aged 24.— Confined Three Months
580. MARY CANTERBURY was indicted for stealing, on the 3rd of Dec., 1 quilt, value 2s.; 2 sheets, 2s.; 3 brushes, 4s.; 1 shawl, 1s. 6d.; 1 bed-gown, 1s.; 2 pillows, 5s.; 3 frocks, 3s.; 1 gown, 1s. 6d.; and 2 candle-sticks, 1s.; the goods of James Adams, her master.
ELIZA ADAMS . I am the wife of James Adams—we live in New-street, Borough-road. The prisoner was in my employ as a weekly servant—I left home on the 2nd of Dec. to go into the country, and left her in charge of my room—she could get at my drawer and boxes, which were in my room—they had no locks to them—I returned home on the 16th, and I missed all the articles stated, my children's frocks, all the bedding, and a pair of candlesticks, but I have since discovered one candlestick—I spoke to the prisoner about it—she denied every thing except the children's frocks, which she said she had pawned to support my infant—she had not been authorised by me to pledge any of these articles, and had no necessity to pawn the frocks—my husband supplied her with money—these are the articles—I can swear to them all.
JOHN IRWIN (police-constable L 54.) I received charge of the prisoner—I asked her if she had taken these things—she said, "Yet, and pledged then for the support of Mrs. Adams's children"—she gave me up five duplicates relating to this property—there were thirty-three duplicates found on her in all.
WILLIAM CATTELL . I am a pawnbroker, and live in the Borough-road. I produce a quilt, a blanket, a sheet, three brushes, and a bed-gown, which were pawned with me for 5s. 1 1/2 d.—these duplicates produced by the officer were given for these things.
Prisoner, I was engaged as nurse in her confinement—she had a very bad time, and at six weeks' end she was ordered to go into the country—on the Wednesday night previous to her return from Gravesend, Mr. Adams told me to take the baby and go home, as it would be late before lie got home—I went home at half-past nine o'clock—I had left the key in the room door for Mr. Adams to get in, and when he got in he missed the things from the bed, and they bad dropped a great coat—I know nothing of the robbery—that was a thoroughfare through the house, and a few weeks ago there was a saucepan stolen from the house—I acknowledge having part of the things, bit it was for the support of the children—she was in liquor when she came home, or she would not have done as she has done to me.
JAMES ADAMS . My wife went out of town for her health, and left her baby, about six weeks old, in care of the prisoner—I remained in town, and I supplied proper food for the children—it was not necessary that the prisoner should pawn these things to obtain food—one Saturday night she asked me to go and fetch her bed for her—I did, and in going along I asked her if she wanted a shilling or two—she said I might let her have it, and I gave her 5s.—on the Saturday night I provided every thing necessary, and on Sunday morning I took a walk, and when I came home she was so helpless with intoxication, that she could not provide a dinner.
Prisoner. It is false; that very Sunday night he left me with the children at five o'clock, and did not return till ten, and I was obliged to go and get a 1d. candle on my own account.
GUILTY . Aged 39.—Recommended to mercy by the Prosecutor and Jury.— Confined Six Months.
(There was another indictment against the prisoner.)
PHILLIP AUGUSTUS MOSS . I am an ensign in the 6th regiment of foot, and live at Portsmouth. The prisoner was in the service of a Mr. Sullivan in the regiment—at the latter end of Nov. I lost two coats, a pair-of trowsers, and
two silk handkerchiefs from a chest of drawers in my room, at Taplow, where I was quartered—the prisoner had the means of getting at my drawers—my keys were lying about—these coats, trowsers, and handkerchiefs are mine—I wore this coat at five o'clock on Saturday evening, and missed it on Sunday morning.
THOMAS SAFFREY . I am a pawnbroker, and live in Great Chapel-street, Westminster. I took in these two coats, one on the 26th of Nov., and one on the 19th of Dec. of a female—I gave these tickets to the person who pledged them.
JOHN LUND . I am a police-inspector. On Friday, the 23rd of Dec., from information from Allen I went to No. 1, Rochester-row, Westminster, and in a washhand-stand drawer I found three duplicates of the articles now produced.
Prisoner's Defence. I found the things.
GUILTY . Aged 23.—
HENRY AUGUSTUS SULLIVAN . I am a lieutenant in the 6th reigiment of foot. The prisoner was in the regiment, and was in my service. Between eight and nine o'clock on Monday, the 19th of Nov., he went away with a detachment—I missed three coats, a guard-chain, a watch, some seals, and linen—they were locked in a tin-box, in a desk—these coats, watch, guard, shirts, gold pin, and other things now produced are mine.
JOHN LUND . I am a police-inspector. On the 23rd of Dec., I went to No. 1, Rochester-row—I found four duplicates in the washhand-stand drawer, relating to this property—I saw the prisoner at Union-hall—I searched him, and found a flannel and cotton shirt on him—these two dress coats I received from Mr. Lloyd, a pawnbroker, at Strutton-ground, and from Mr. Soames, this seal—the duplicates I found relate to what I found at the pawnbroker's.
CHARLES BURGESS GOFF . I am a police-sergeant. I produce a duplicate for a gold watch, which I got from Allen—I also produce some shirts and other things, which I found at No. 1, Rochester-row—they are what the prosecutor has identified—his name is on them at full length.
JOHN ROBERRTS . I am a pawnbroker, and live in York-street, Westminster. I produce two pins and a chain, pawned on the 3rd and 8th of Sept.—two of the duplicates produced from the washhand-stand are what I gave.
WILLIAM ALLEN . I live in Peter-street, Westminster. I know the prisoner—he lived at No. 1, Rochester-row—I pawned this watch, and guard, and key, which I got from the prisoner—he said he wanted some money to go into the country—he said he had been abroad, and bought the watch and chain when he was abroad—he went with me to the pawnbroker's and waited outside while I went in—I gave him the money.
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY . Aged 21.— Confined Six Months.
GUILTY . Aged 28.— Confined Two Months.
585. SAMUEL SMITH was indicted for stealing, on the 24th of Dec., 1 purse, value 1s. 1d.; 5 sovereigns, 1 half-sovereing, 1 half-crown, 3 shillings, 2 sixpences, 2 pence, and 3 halfpence, the property of Edward Janson.
CATHERINE JANSON . I am the wife of Edward Janson, an architect, and live at Clapham. At ten minutes before nine o'clock in the morning of the 24th of Dec., I got into an omnibus at Land-street, in the parish of Clapham—directly I sat down I missed my purse—the omnibus started before I had time to sit down—my purse had been in my muff, which was on my hand—it contained five sovereigns and a half-sovereign, some silver and copper, amounting to 5l. 16s. 10 1/2 d.—it was a brown silk purse, with two white rings—it was in my right hand, and my hand was in my muff—the prisoner was the conductor of the omnibus—my husband stopped the omnibus, and said, "This lady has lost her purse, therefore we can't go on"—the prisoner said, "Very well, sir "—I said, "I will look in the straw, and see if it is dropped "—the prisoner said, "It is no good looking there, it would be on the top if you had dropped it "—it has never been found.
Cross-examined by MR. BALLANTINE. Q. You did look in the straw? A. Yes, both me and my husband—I received some information from Corbins, who was standing close behind us when we got in—he was not there as a passenger—I saw the prisoner again a very short time after I lost my purse—he was taken in twenty minutes or half an hour.
GEORGE CORBINS . I am a gentleman's gardener, and live at Clapham. On the morning of the 24th of Dec., about a quarter before nine o'clock, I was passing, and saw the lady get into the omnibus—the gentleman followed close after her—as the gentleman was getting in, I saw a dark purse with two bright rings drop between him and the lady—I saw the prisoner pick it up, and put it in his right-hand pocket—the omnibus proceeded about thirty yards—I saw it stop, and the lady and gentleman get out—I went up—I asked the lady if she had lost her purse, and told what I had seen.
Cross-examined. Q. I think you happened to be the nearest person to them when they got in? A. Yes—it was a dark purse, apparently a heavy one—it dropped on the step of the omnibus, and the prisoner immediately stooped and picked it up, and put it in his right-hand coat pocket—I did not shout out, because I did not know who it belonged to—I saw both the lady and the gentleman sit down in the omnibus, and then it drove off—I have been a gardener all my life.
JURY. Q. Where did the purse drop? A. On the step, and then on the ground—the prisoner got off the step and picked it up.
GEORGE COLLINS (police-constable V 137.) In consequence of information, I took the prisoner at half-past nine o'clock that morning—I searched him, and found nothing at all on him—I told him I wanted him for taking a purse—he said he knew nothing at all of it.
Cross-examined. It did not occur to you to search Corbins? A. No—I found the prisoner in the yard at work.
(The prisoner received a good character.)
GUILTY . Aged 26.—Recommended to mercy by the Jury.— Confined Twelve Months.
MR. PRENDERGAST conducted the Prosecution.
WILLIAM BUTCHER . I am a miller, and an agent to Mr. William Carpenter, who resides at Greenwich. On Thursday afternoon, the 1st of Dec., about three o'clock, I was returning home from collecting orders, and I saw Mr. Carpenter's wagon in the Kent-road—it was standing still opposite the prisoner's house, and the prisoner was standing at his door—Johnson, who was tried here last Session, was the wagoner, and had charge of the wagon—I saw a man whom I did not know, carrying a sack of flour from the wagon to the prisoner's house, and the prisoner was looking on at the time—I saw Johnson beckon with his finger, and the man then crossed the road with the sack of flour—the man went into the house, and Onions followed him, and johnson went in after him—I drove up to the door, and had some conversation with Johnson—in consequence of what passed between him and me, I went down stairs into the bakehouse, and found the flour shot out of the sack into a trough, and the flour that was left by the side—Onions was sweeping it up into the trough—I asked where the ticket was for that sack of flonr—Johnson said he had not got one—I said I would not suffer the flour to be left, unless they could produce me the ticket—Johnson said Onions had given an order at the mill for the flour—I said I would have them both into custody, as they could not produce the ticket—Onions said, if I liked to leave the floor, he would pay me for it—I said no, I did not want the money, I would have him—I went up stairs, and sent my boy for a policeman—during that time Onions and Johnson put the flour back into the sack, an I said I would have it pot up again—when I took the wagon back I found in it thirty-two sacks, thirty sacks of flour, and one of meal—a man may make a mistake in the sacks put in, but the person who saw these things put in and checked them is still in our employ—he has not been charged—when a person orders flour, he goes to the counting-house and orders it—if he pays for it he gets a ticket out of the ticket-book—if he does not pay, le has a ticket out of a delivery-book; and when he gets it he signs the other ticket that he has received it—we cut the ticket off at the counting-house, and there is a ticket to ihow what they have—if the ticket is delivered to the wagoner, he takes the proper delivery-ticket and gets the flour for it, the customer receives it and signs for what he has received—Onions was not at this time a credit customer to Mr. Carpenter—he had been several years ago—the prisoner has been accustomed to pay the money at the mill before be has had his goods, and gone to the mill and taken the flour with him in his own cart—Johnson had no authority to deliver flour in this way, which had not been paid for, and, to my knowledge, Onions was perfectly acquainted with this course of business—when a person receives flour, he receives a delivery-ticket, and signs the other part to show that he has received it—Johnson produced, in Onions's presence at Camberwell station, delivery-tickets for thirty sacks of flour and one of meal, as the only tickets he had, except some which had been signed on previous days—when a ready-money customer goes and gives an order at the counting-house, he gets a ticket, and gets the flour, and takes the ticket home with him, and that was what Onions had done—we never allow anything to go without it—this sack had Mr. Carpenter's name on it.
Cross-examined by MR. BODKIN. Q. You say there were property thirtyone sacks in the wagon? A. Yes, thirty sacks for one customer, and one sack of meal for Dyer, in the Kent-road—he is a credit customer—the carman assists in loading the wagon—Johnson told me he had brought a sack of flour
for Mr. Onions—I asked him if he had a ticket—he said yes—in consequence of what he said, I directed him to go into Onions's house—I followed him—if people send us orders, they send the money with their orders, and they send people who belong to them—it is not sent by our carman, unless they send word—if a respectable baker wanted any flour, he would send a post-letter to the mill, and we should give the carman the order to take it, and give him the note with it; but if it were a person to whom we do not give credit, we should send a bill for the amount.
MR. PRENDERGAST. Q. Then, to a respectable person you would credit it, but if you do not give the person credit, you would send a bill for the amount to be paid? A. If the prisoner had sent an order, it would not have been sent without the money, unless he had agreed to send the money back by the carman—the prisoner asked me how much it came to, and said he would pay me; and when the policeman came he said he would pay me part of the money, but he had not got quite enough for it all—the carman does occasionally receive orders from persons to deliver flour, and receive the money for it—if he meets a man who says, "Send me five sacks of flour, and I will pay you," the carman comes and gives the order at the counting-house, and gets a bill for it and the ticket, and that ticket is delivered to the baker, who pays the money and signs the ticket at his own house when the flour is delivered—the prisoner has not dealt in that way since 1837—our credit business stopped with him at that time.
ROBERT BELL . I was with Mr. Butcher on that occasion—I went for the policeman—I saw the wagon there, and saw the flour on the man's back—the prisoner was standing at the door, and saw what was going on—I did not go into the bakehouse, nor hear what the prisoner said.
Cross-examined. Q. Did you check it, or leave it to Johnson? A. He was by when I loaded the last sack—I took him to be a responsible person—I did not count the sacks at all—I took it for granted he put in the right quantity, thirty for one customer, and one far another.
MR. PRENDERGAST Q. Will it happen sometimes that a sack too much gets put in? A. Yes, it will.
EDWARD AUGUST (police-constable P 206.) I took the prisoner into custody—he said he ordered Johnson, the wagoner, to bring a sack of flour—his wife said if I did not take him away they could pay for the flour to-morrow.
(See Second Session, page 262.)
NOT GUILTY .
(The prisoner received an excellent character.)
Before Mr. Common Sergeant.
587. ELLEN TOWERS was indicted for stealing, on the 30th of Dec., 1 apron, value 1s. 6d.; 2 napkins, 2s.; 2 pairs of stockings, 2s., 6d.; 1 handkerchief, 2s., 6d.; 1 pot, 6d.; 3 cups, 6d.; and 2 saucers, 6d.; the goods of James Whitney Griffiths, her master; to which she pleaded
GUILTY . Aged 19.— Confined Four Months.
ELIZABETH BISHOP. I live in Blackfriars-road. I was living with my mother in 1841—I met the prisoner repeatedly, and I married him at Lambeth church, on the 11th of October, 1841—I had no money—I have had one child by the prisoner—he left me eight months after I was married—he came back to me after I was confined, but he did not live with me till he was taken, for I went and left him, as he did not use me altogether well, and he was out
of work—he passed himself off as single when I married him—did not know he was married—I cannot read writing—I do not know whether this signature to his former marriage is his writing—I never saw him write "Henry Felstead," only "George Wilson"—he married me in that name.
WILLIAM STEAD . I am parish clerk of St. George the Martyr, Southwark. I produce the register of marriages—on the 4th of July, 1836, there was a marriage between Henry Felstead and Eleanor Adcock—here is a certificate of the marriage—it is a true copy of the register—I saw the parties sign their names—I cannot recollect the persons.
MARY ADCOCK . I knew the prisoner previous to 1836—he paid his addresses to my daughter, Eleanor Adcock, in 1836—I wished the match to be broken off—I remember his coming home with a certificate a week after the marriage—this is the certificate of it—my daughter is now alive, and is in Court—he passed as her husband.
GUILTY . Aged 25.— Confined One Year.
ADJOURNED TO MONDAY, JANUARY 30TH, 1843.