CENTRAL CRIMINAL COURT.
SIXTH SESSION, HELD APRIL 3RD, 1843.
MINUTES OF EVIDENCE,
Taken in Short-hand,
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday, April 3rd, 1843, and following Days.
Before the Right Honourable JOHN HUMPHERY , LORD MAYOR of the City of London; the Right Honourable Sir Cresswell Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; Sir William Heygate, Bart.; Sir Peter Laurie, Knt.; Charles Farebrother, Esq.; and Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: William Magnay, Esq.; Michael Gibbs, Esq.; and Sir James Duke, Knt.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
HUMPHERY, MAYOR. SIXTH 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, April 3rd, 1843.
First Jury, before Mr. Recorder.
GUILTY . Aged 18.— Judgment Respited.
NOT GUILTY .
GUILTY .— Confined Six Weeks.
GUILTY . Aged 18.— Confined One Month.
RICHARD LEBAS . I am a coal-merchant, and live at Uxbridge. I have a heap of Derbyshire coal—on the 5th of March I missed some large lumps from my heap—some were afterwards produced to me which exactly corresponded with the coals on the heap, and fitted the vacant space—it had been a very sharp frost that morning, and the surface of the coal was covered with hoar frost—the pieces shown to me retained the white frost, and the vacant space where they were taken from was without it, which shows they had been very recently taken.
JAMES THORN (police-constable T 48.) On Sunday, the 5th of March, about five o'clock in the morning, I was going round by Mr. Lebas' wharf, and saw the prisoner on the top of the wall, with a piece of coal in his arms—on seeing me he laid the coal down on the wall, and ran away—I did not lose sight of him till I got nearly close to him—I then saw it was the prisoner—I had known him before very well—about a quarter of an hour after I went to the house where he lodged, about 300 yards from the prosecutor's, and found
him drying his shoes on the hearth before the fire—there were some of the same sort of coals on the floor—the coal-hole was searched, and two large pieces of the same sort of coal found—one piece was covered with white frost—I have seen the lumps of coal compared with the heap, and they corresponded—the rest of the heap was covered with frost, except where the gap was.
Prisoner. When he came to the house it was about ten minutes to six o'clock. He says I was drying my boots, and it was a dry, frosty morning; he said he thought I was the man. Witness. It was about half-past five, or twenty minutes to six o'clock, not later—I am quite certain he is the man—I was within four or five yards of him—I did not say, I thought he was the man—it was just getting light, and there was a lamp opposite the wall, when I saw him on it.
JOHN SCOTNEY (police-constable T 180.) I went to the prisoner's lodging with Thorn, about twenty minutes past five o'clock, and saw him drying his shoes by the fire—I searched underneath the stairs, and noticed some frost on a piece of coal—I saw the coal compared with that at Mr. Lebas' wharf—it appeared to, be the same, and was exactly in the same state, with the frost on it.
Prisoner. I was not out at all that morning. There are two more lodgers in the house besides me, and they have the run of the house. Witness. I saw no other lodgers up—I saw no person up besides him and a woman—I went into no other room—I do not know whether there was any other person in the house—the woman was in the same room with him—there is only one room on a floor—I think the house is two stories high—I did not go up stairs.
RICHARD ROADNIGHT . I am a policeman. I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present at his trial, in Jan., 1842, at this Court, and know him to be the same person—(read.)
GUILTY . **Aged 22.— Transported for Seven Years.
OLIVER DEATH (City police-sergeant, No. 201.) On the 20th of March, about three o'clock in the afternoon, I saw the prisoner and another in Aldersgate-street—the other had a bridle, reins, and bit, which I saw him tie up in a handkerchief, and give to the prisoner—they then separated, the prisoner went down on one side of the street, and the other on the other side—I followed, stopped the prisoner, and asked what he had got—he said, "Some harness"—I asked whose they were—he said they belonged to a person named Hornsby, a butcher, who was his master—I took him to the station—he then said he had brought them from Cambridge, he had bought them of a person named Osborne, and had brought them up, with other things, to sell—they were afterwards claimed by Mr. Scholes—I saw some other harness in Mr. Scholes's stable, which matched it.
Cross-examined by MR. BALLANTINE. Q. Did he not say he had just bought it? A. No, nothing of the kind—he did not say he had bought it till he got to the station—I sent an officer after the other man, but he ran away.
JOHN SCHOLES . I keep the Elephant-inn, Fore-street—this harness is mine, and is part of some which I had in my stable—I did not miss it till the policeman came, about five o'clock the same afternoon.
Cross-examined. Q. When had you seen any part of that harness before? A. Between twelve and two o'clock on the same day—I noticed these particular parts at that time—I saw it altogether on the mare—I will swear these parts were there then—I must have noticed if they had not been there—the reins and bridle were taken off for her to feed, and hung behind her in the stable—the remainder of the harness was on her.
GUILTY . * Aged 23.— Transported for Seven Years.
(The prisoner had only been discharged from prison two days before the commission of this offence.)
1110. GIFFORD MASON , was indicted for stealing, at St. Michael Wood-street, 39 sovereigns, 23 half-sovereigns, 7 crowns, 130 half-crowns, 167 shillings, 130 sixpences, 5 groats, 1 10l., and 2 5l. Bank-notes, the monies of John Lart and another, his masters, in their dwelling-house; to which he pleaded
GUILTY . Aged 19.— Transported for Ten Years.
( George Norman, of Cecil-street, Strand; George Noon, Maiden-lane, Covent-garden; John Stanley, Sydney-place, Commercial-road; and Isaac Allen, of Whitechapel-road; gave the prisoner a good character.)
GUILTY . Aged 18.— Confined Six Months.
MR. HOWARTH conducted the Prosecution.
JAMES BUTLER . I am a labourer, in the employ of Mr. Grimwade, a farmer at Sheepcote-farm, Harrow. On the 7th of March, in consequence of instruction from my master, I watched the prisoners, about a quarter to six o'clock in the evening I went to the stable for a truss of hay for my nag, and then returned to a barn—I saw Weatherly, the hay-binder, making haybands bands—I saw him cut two trusses, and lay them down beside the cart—he bound them—he then got up in the cart, and began to load it—Lancaster handed up the hay to him—he put up two trusses first, and then put up thirty-six trusses more—that was two trusses beyond a load—Lancaster was helping load them all.
Cross-examined by MR. PAYNE. Q. Where were you all this while? A. In the barn, I could see through a hole where the boards were broken—it was about ten minutes to six o'clock in the evening—it was a little nighty, but not dark—the trusses were not called over, they put them up four in a stack—I was forty-four yards from them—they could not see me.
Cross-examined by MR. BALLANTINE. Q. Was Weatherly in Mr. Grimwade's regular employment? A. Yes—he was a constant man, and was paid by the week—Lancaster was carman—he took one truss for his horses—there was thirty-nine trusses altogether.
JOHN PHILLIPS (police-constable T 23.) In consequence of directions from the prosecutor, I went to his premises, on the morning of the 8th of March, about half-past two o'clock—Lancaster came into the rick-yard about a quarter to four, and took away about half a truss of hay—there was a load of hay loaded on the cart in the rick-yard—he took it out—I followed him from Harrow to the New-road, Chelsea—he went into Mrs. Johnson's shop
there and came out—I went and asked how many trusses of hay he had in the cart, he said he did not know—I then went and asked Mrs. Johnson if she had bought the hay, she said she had—I saw the hay unloaded, and after thirty-six trusses were put into the loft, two trusses were left in the bottom of the cart—I asked what he was going to do with those two trusses—he said he should have left them there—I took him into custody—I had counted the hay with the prosecutor before it left—I could only count thirty-six trusses—if there was more, they must have been concealed in the bottom.
Cross-examined by MR. PAYNE. Q. What do you mean by the bottom? A. In the middle of the bottom of the cart—we could not see anything of those two trusses—they were packed as if there was thirry-six—we could see thirty-six above the cart.
COURT. The cart was so packed as to conceal the quantity exceeding thirty-six? A. Yes, in an unusual manner.
WILLIAM SPIERS (police-constable T 178.) I was in company with Phillips, on the morning of the 8th of March, on the prosecutor's premises—I accompanied him to Chelsea—when the hay was stopped there Phillips went and asked Lancaster what he had got outside, he said he did not know that he had got any more than a load of hay, and while I was in the shop Mrs. Johnson asked him whether he had got any more than a load of hay, he said he did not know that he had—I went into the loft and counted the trusses of hay out of the cart into the loft—there was thirty-six, and two remaining in the cart, besides one truss which was for the horses—there was thirty-nine trusses in the whole—I afterwards returned to Harrow, and apprehended Weatherly—I cautioned him not to say anything to me except he thought proper, as what he said to me would be used in evidence, either for or against him—on our way to the station, he said he was afraid it would be found out, that Lancaster had said to him he wanted two trusses of hay, and it would be all right—after we got to the station, he said he could not sleep all the night before, for fear he should be found out.
Cross-examined by MR. PAYNE. Q. Did you see the trusses taken from the cart, and put into the loft? A. Yes—there were two of Mrs. Johnson's men in the loft, taking the hay in—I was up in the loft, at the window, counting them in—I stood close by the side of the window, and the trusses came in at the front of me.
Cross-examined by MR. BALLANTINE. Q. I believe Weatherly appeared considerably agitated? A. Yes—this is the only charge against Weatherly—I think I have mentioned the words he said to me—there might have been a word or two extra, but those were the words he used.
FRANCES JOHNSON . I am a corn-chandler, and live in Exeter-street, Chelsea. On the 8th of March last I bought a load of hay of Lancaster—I was to give him four guineas for it—I was not aware he had more than the load—I only bought the load—I have bought hay before of him—I never bought odd trusses of him, only a load, and once half a load.
Cross-examined by MR. BALLANTINE. Q. Whom did you give that order to on this particular occasion? A. It was a general order—I gave Weatherly orders to bind a load for each day—Lancaster told me he had sold a load each day, and I told Weatherly to bind a load for each day—I told Lancaster to sell the load for the best price he could obtain—I generally gave the order to Weatherly myself—Lancaster might occasionally do so in my absence—he was in my regular employ for a month or six weeks, and Weatherly also, as hay-binder and general workman, for three or four months.
Cross-examined by MR. PAYNE. Q. Is Lancaster a married man with a family? A. Yes.
(The prisoners received good characters.)
LANCASTER,— GUILTY . Aged 28.— Confined Six Months.
WEATHERLY,— GUILTY . Aged 31.—Recommended to mercy.— Confined Two Months.
THOMAS SHIPP GRIMWADE . I employed the prisoner to sell hay for me, and receive money, for which he was to account to me in full—I allowed him 1s. a load beyond his usual wages for selling it—I have my book here—the entries are in my own handwriting—on the 14th of February he sold a load, and brought me 4l. 4s.; another on the 21st, for which he brought me 4l. 2s.; and another on the 1st of March, 4l. 3s.—I allowed him 1s. on each of those accounts on the Saturday night.
Cross-examined by MR. PAYNE. Q. When did you make the entries? A. I cannot say, not on the same day very likely—I took a rough copy of it first at the time he gave me the money, and copied it into this book, it may be two or three days after—I can swear that was the money I received—I was dissatisfied with the amount, and complained to him about it—he said he did the best he could, he could not get more.
FRANCES JOHNSON . I bought a load of hay of the prisoner on the 14th of Feb.—I have my book of account, which I keep—I paid 4l. 5s. for it—on the 21st of Feb. I purchased another load for four guineas, and another on the 1st of March for four guineas.
Cross-examined. Q. Did you make those entries at the time? A. Yes.
GUILTY . Aged 28.— Confined Six Months more.
OLD COURT.—Tuesday, April 4th, 1843.
Second Jury, before Mr. Recorder.
1114. JOHN ROBERTS , was indicted for stealing, on the 17th of March, 1 purse, value 4d.; 7 sovereigns, 1 half-sovereign, 3 half-crowns, 2 shillings, 2 sixpences, and 1 groat; the property of Joseph Sharpe, from the person of Susannah Madelina Sharpe.
SUSANNAH MADELINA SHARPE . I am the wife of Joseph Sharpe, and live I in Middle-row, Brixton. On the 17th of March I came in an omnibus from Brixton to Gracechurch-street, and am certain I then had my purse about me—it contained seven sovereigns and a half, three half-crowns, and some shillings—I joined my husband at the corner of Fenchurch-street, and walked with him to Fleet-street—I felt my purse safe two or three times after getting out of the omnibus, and was not aware that I had lost it till I received information.
Cross-examined by MR. PAYNE. Q. Where was your purse? A. In the pocket of my dress—it was very careless of me certainly.
DANIEL FORRESTER . I am an officer. On the 17th of March I was passing down Ludgate-hill about two o'clock in the day, and noticed Mr. and Mrs. Sharpe on the opposite side, and some persons near them, which attracted my attention—I watched, and saw them dodging Mr. and Mrs. Sharpe, who walked a little beyond Salisbury-court, in Fleet-street, then turned back and looked into several shops—the persons closed on them opposite Poppin's-court, and immediately after separated—the prisoner was one of them—I noticed, as he crossed the road, that he had his right hand in his coat-pocket—he crossed over to me, and as he turned into the court I laid hold of his collar with my left hand, put my right hand into his coat pocket, and partly
in his hand and partly in his pocket I found this purse—I said, "What have you got here?"—he said, "That is mine"—it contained seven sovereigns, a half-sovereign, three half-crowns, two shillings, two sixpences, and a fourpenny-piece—I gave him to a policeman—Mr. and Mrs. Sharpe were sent for—Mrs. Sharpe claimed the purse.
Cross-examined. Q. I do not understand that you saw the prisoner before he separated from the rest? A. I knew him better by the colour of his coat than by his face, as I only now and then had an opportunity of seeing him—I believe I did see him before—I do not think he said anything but "That is mine"—he asked for his handkerchief, which I suppose dropped at the time I took the purse, and it was brought to him—I am sure he said the purse was his own.
MRS. SHARPE re-examined. This is my purse, and contains the money I had.
GUILTY . Aged 34.—Recommended to mercy by the Prosecutrix.— Transported for Ten Years.
CHARLES TAPPER . I am a draper, and live in Theobald's-road. On the evening of the 9th of March I was in my shop, and saw the prisoner come and take a pair of stockings from the door-post, and run away—I followed, and before I caught him he threw them away—I brought him back, and gave the stockings to the policeman—they are mine.
Prisoner. I saw them lying down, took them up, and crossed the road. Witness. He had no time to take them up, I was at the door in a second.
HENRY DENCH . I live in Gloucester-street, Queen-square. I was standing at the baker's shop-window, and saw the prisoner take the stockings from the door, and run away with them—I did not lose sight of him—he did not pick them up, but took them down from the door.
(The prisoner received a good character.)
GUILTY . Aged 14.— Confined Fourteen Days.
1116. THOMAS HALLOWS VINCENT , was indicted for feloniously forging and uttering, on the 12th of October, a forged acquittance and receipt for 16s., with intent to defraud Benjamin Crosby Marshall and others.
MR. PAYNE conducted the Prosecution.
BENJAMIN CROSBY MARSHALL . I have four partners; we carry on business in Stationers'-court. The prisoner was our clerk—it was his duty to take advertisements to various newspapers—he kept a book in which he entered what he alleged he had paid for them—here is his book—this entry, "12th Oct., Medical Times, 16s., "is in his handwriting—he has been settled with according to this account, but I do not know that personally—he should enter this from the receipt after it is paid—it is signed by our clerk, as being settled.
Cross-examined by MR. BALLANTINE. Q. Previously to taking out advertisements he received a sum which they would probably cost? A. Yes—he ought to enter that in his book when he received it, and enter from the receipts what he pays—he has entered 3l. as received, and the 16s. as paid out of it—he returns the balance, if any.
Times. This receipt is my writing—I have a book in which I enter the sums I receive—I received at this time, and gave a receipt for, 14s.—it has since been altered to 16s.—the figure "6" is not mine—it was 4 when I wrote it.
Cross-examined. Q. Have you a recollection of the amount? A. Yes, I remember receiving it, and entering it in a book—I always enter it at the time, and will swear I only received 14s.—there are only two entries that day—nothing was said about 16s.
(The prisoner received a good character.)
GUILTY . Aged 38.—Recommended to mercy.— Confined Two Years.
(There were three other indictments against the prisoner.)
1117. JOHN KNIGHT , the younger was indicted for stealing, on the 17th of Feb., at St. Mary-at-Hill, 1 work-box, value 10s.; 2 necklaces, 9s.; 1 purse, 2s.; 1 sampler, 2s.; 1 scent-bottle, 1s.; 9 sovereigns, 1 halfsovereign, 6 shillings, 1 sixpence, 1 10l. and 2 5l. notes, and 1 bill of exchange for 30l.; the property of Catherine Charlotte Knight, in her dwelling-house: and JOHN KNIGHT , for feloniously receiving the same, well knowing them to have been stolen:—also, for harbouring and maintaining John Knight, Junior, well knowing him to have committed the said felony; against the Statute, &c.
CATHERINE CHARLOTTE KNIGHT . The elder prisoner is my father, and the other my brother. On the 17th of Feb. I received 60l. from Mr. John Franks, a master builder—I live with my mother—Franks does not live in the house, but he received the 60l. for the rent—it is my house—I am single—Franks received the money from Mr. Ross, who rents the lower part of the house—it was two 5l. and one 10l. Bank-notes, eight sovereigns and a half, 6s. 6d. in silver, and a bill of exchange—I put it into my work-box with several trinkets—I locked the work-box, and put it into another box in my bed-room—my brother was sitting by the fire in the room when Mr. Franks paid it to me, and heard me say I was going to take it up into the top room, and put it into my box—Mr. Franks and a Mr. Allen were also in the room—I went up, and put the work-box, which contained the money, into a wooden box in the second floor front room—the wooden box was not locked, but the work-box was—I came down stairs—my mother went out soon after, and left my brother by the fire, and Henry W—with him—I afterwards heard my brother go down stairs, and heard the door slam—I went down, and found it was not closed—this was at half-past seven o'clock—my brother was gone—my mother came home about half-past eight—I then went tip afairs, and the work-box and all the money were gone—I have not found the work-box—the two 5l. and one 10l. notes, and bill of exchange, now produced, are what I lost—I know the notes by the name of Ross on the back, which I saw before I put them into the box.
John Knight, sen. Q. How did you become possessed of so much money? A. Part my mother gave me, and part I saved up.
COURT. Q. How old are you? A. Twenty-three years—Mr. Franks lent me some money to help purchase the lease of the house for my benefit—I gave 50l. for the lease—I have had it about six months—my father and mother have been separated many years, and we have endeavoured to get a living—the lease is made over to me, as my mother could not hold it apart from her husband.
John Knight, sen. Q. What did your mother give you money for? A. Because she did not keep a servant, only a girl, when I was ill—I was at school at West Ham, about seven years ago—I and my sister were nursery-
maids in Fenchurch-street about four years ago—my mother put me with a dressmaker for a little while to learn a business.
JOHN FREDERICK FRANKS . I am a builder, and live in Castle-street, Shoreditch. On the 17th of Feb. I paid the witness a 30l. bill, a 10l. and two 5l. Bank notes—this is the bill and notes—I received them of Ross, whose name is on them—I paid them to the prosecutrix for half a year's rent of the ground floor, at 120l. a-year—I had purchased the premises for her—the lease is in the hands of Mr. Robson, the solicitor, to be transferred to her—I advanced 10l. to make up 50l. for the prosecutrix to get the lease—her mother was with her—the prosecutrix took possession of the premises six months ago—Ross was the tenant below—I seized on him for the rent in the prosecutrix's name, and he paid it—I let the upper part for 60l.—the prosecutrix has received rent for that, and is acknowledged by the tenants as the owner—she is to pay 120l. a-year rent.
John Knight, sen. Q. Are you a sworn appraiser? A. Yes—I was not put in possession by your wife—the premises were not taken in the name of Whitbread—I know nothing of your wife and Whitbread living on improper terms—I believe it to be quite false—I never saw you till you were apprehended—I have known your wife seven or eight years.
COURT. Q. Who has got the lease? A. Mr. Robson—he holds it for the costs, which she cannot pay as this money was stolen.
ALEXANDER M'KAY . I am a policeman. On the 18th of Feb. I was on duty in High-street, Borough, and saw the prisoners coming towards Falcon-court, and they met two prostitutes at the corner of the court—they all four went into West's public-house—I went to the back of the premises, looked through the window, and saw the younger prisoner had a 10l. note, and two 5l. notes as I thought—he put them on the table, and took the numbers—his father saw what he did—he stood before the table which the son sat at—they left there—I heard them making an agreement with the girls to go to a brothel—the girls said, "We will get something to drink first"—the younger prisoner said, "Come away"—they had half a pint of gin—the prisoners had a dispute who should pay for it—the son paid for it—the son put the notes back into his pocket—all four then left the house—I kept them in sight till they went into No. 7, Falcon-court, which is a brothel—they went up stairs—I was outside listening, having suspicion—I heard the father say, "John, I will have it; give me the money, or come out yourself? come out, or I will split on you if you don't come out; give me the money, and I will give it to you to-morrow morning"—he said to his father, "Kiss my b----"—Stewart came by—I told him my suspicions—the window was broken, which enabled me to hear—we then went up to the room—the son was in the bed, and the father standing on the floor—one of the girls was undressing—I said, "What are you up to here? this is not a house for you with the money you have about you"—the father said, "Oh, it is all right"—I said, "You are sure to be robbed; you had better come with me to the station; I will see what you have got; you are drunk"—they appeared in liquor, but the father knew what he was about—I told the son to come out of bed—he said, "There is not a policeman in the Borough who shall take me out"—I took him out—he would not stand—we asked him if it was all right—he said it was—the father said, "No, we must see if it is all right"—the son took four sovereigns and a half from his pocket and threw them on the bed—the father took them—I saw the notes in the son's hand, and two sovereigns—he kept that himself—we took them to the station, and found information had been left there an hour before of the notes being stolen—I found these notes, four sovereigns, and the bill in the son's watch-pocket—I also found on him this sampler, a parcel
containing coral beads, ribbons, a scent bottle, and other things—I did not search the father.
John Knight, sen. Q. What time were we at the public-house? A. Half-past one o'clock at night—the house was open—when I went up to the room you told me to take your son out of bed, but said you did not want him to go to the station—I did not tell the Lord Mayor you offered to change a 10l. note.
WILLIAM STEWART . I am a policeman. I was with M'Kay, in Falcon-court—I stood opposite the window—I heard the father say to the son, "Come, we must come out of this"—the son used some expression, I cannot exactly say what—I heard the father say, "If you don't come out I will split on you"—I had not seen either of them—the windows being broken enabled me to hear, as their voices were raised—we went up to the first floor, and found the prisoners and two prostitutes in the room, the father standing up, and the son in bed—one of the girls was laying close at his side—they were hallooing and swearing—I said, "What are you making this disturbance for?"—the father said he wanted to get the son out of the house—the son took four sovereigns and a half out of his pocket and threw them on the bed—the father said he had got nearly 50l., that he had some notes—I asked if he had any notes—he said he had not—I saw something hanging out of his pocket which I thought was notes—he had just sat up in bed—he had only his jacket and shoes off—his trowsers were on—the notes were taken from him at the station—I saw this ribbon, bottle, and things taken from him.
JOHN CUDDY . I am clerk to Mr. Robson, of Clifford's-inn. He has the lease of this house locked up in his desk, and is not at home—it was deposited by Mr. Franks on behalf of Catherine Charlotte Knight, not on the part of the mother—we hold it on account of the daughter.
J. F. FRANKS re-examined. I deposited the document on behalf of the daughter.
John Knight, jun. I did it for my father, knowing him to be in great distress.
John, Knight's Defence. He did it on my behalf; I authorised and requested him to do so if he had an opportunity, as I was in great distress; my wife is living in adultery with another man; I consider it my property as it is hers; she told a witness it was hers, and not her daughter's, but not to tell me so.
MARY KNIGHT . I am the wife of the elder prisoner's brother. The prisoner and his wife have been separated about nine years—I was at his wife's the beginning of Sept., when the premises were purchased by the witness's mother—they are at St. Mary-at-Hill—Mr. Whitburn, Catherine Knight, and her mother, and Mary Ann Knight were present—there was a quarrel between Mary Ann and her mother—Mr. Franks had left then—I saw the receipt which was given in the name of Whitburn—I have not got it—the premises were purchased of Parsons of Kennington-road.
J. F. FRANKS. They were not purchased of any such person—nor was she present when they were purchased.
KNIGHT, JUN.— GUILTY of Larceny. Aged 20.— Confined One Year.
KNIGHT, SEN.— GUILTY . Aged 53.— Confined Two Years.
1118. JAMES STRATFORD , was indicted for stealing, on the 7th of March, 1 knife, value 4d.; the goods of John Dorrell:—also 2 knives, and 1 fork, value 1s.; the goods of Thomas Collingridge to both which he pleaded
GUILTY . Aged 49.— Confined Six Months.
1119. DAVID SANDALL , was indicted for stealing, on the 17th of March,1 purse, value 1s.; and 5 half-crows, the property of Rowland M'Donald Stephenson, from the person of Mary Ann Stephenson; to which he pleaded
GUILTY . Aged 18.— Confined One Year.
WILLIAM ROY (police-constable P 20.) I produce an examined copy of the marriage register of St. Mark's Church, Kennington—Richard Page the prisoner's husband gave it to me—I went and examined it with the register at the church, in the vestry—I read the copy while the clerk held the book, and compared it myself with the book afterwards—it was correct, all but the word "district," which is on the paper, but not in the book—the clerk struck that out, and it now corresponds—it is a new church.
Cross-examined by MR. CLARKSON. Q. When did Page give that to you? A. I believe it was two days after the charge was made, which was by Page, who is represented as her first husband—this district church is in the parish of Lambeth—I believe it is a district church in ease for Lambeth parish—it was built about sixteen years ago—I have heard it called St. Mark's, Kennington.
Cross-examined by MR. CLARKSON. Q. Did you know her before? A. Merely as a lodger—she was a well-conducted woman, and lived in the greatest comfort with King—he never made any complaint against her.
JAMES BARNETT (police-constable P 113.) I produce a certificate of the second marriage which I got at the Registrar's office, Somerset-house—I compared it with the register there—it is a true copy, and is stamped and sealed—(read.)
WILLIAM ROY re-examined. The prisoner was brought to me at the station. I asked her name, and what she was—she said she was the wife of that man, pointing to a man named Page—she said he was her husband—he had gives her in charge—I did not ask if he was her husband, I am sure of that.
Q. Read this deposition—I said, "Is that your husband?"—she replied, "Yes." Witness. I said, "What are you?"—she said, "I am the wife of Page"—I afterwards said, "Is that your husband?"—she said, "Yes."
NOT GUILTY .
MR. PRICE conducted the Prosecution.
RICHARD CLEARE . I keep the Old Bell Tap, Holborn. The prisoner came to my house about seven o'clock on Saturday evening, and had some refreshment—he left a book with my wife in my presence, and said he should call again for it—he went away, and returned in about an hour after with another book under his arm, and asked for the book he had left—I looked through the book, and saw Mr. Humphreys' name printed in it—he asked for a bed, and went to bed—he refused to give his boots up, and having been robbed the week before I set a watch upon him, to see that he did not go off while I went to Mr. Humphreys and returned with him—I went to the prisoner's room, and found him in bed with his drawers and stockings on, and the books were in a chair by his bedside.
JAMES BYWATER HUMPHREYS . I keep the Crown coffee-house, High Holborn. I saw the prisoner at my house on Saturday morning the 11th of March—I did not miss these books till Mr. Cleare came to me—these are
my property—they are two of a series which were lying in the coffee room for the amusement of my customers—I had previously lost some works with plates in them; and one of the plates, with part of another, was found crumpled up in the prisoner's pocket at the station—this has my name stamped on the back—I have lost 50l. or 60l. worth of works in the course of the year—these two books cost me 26s.—I went with Mr. Cleare to his house and there found the prisoner in bed, and the books by the bedside—I asked where he got them from—he said, "What is that to you?"—I said, "Why I think it is of very material consequence to me, for I consider they are my property, and you have no right to have them; where did you get them?"—he said he had picked them up on Holborn-hill—I gave him into custody.
JAMES BRADFORD (City police-constable, No. 216.) I was called to Mr. Cleare's and took the prisoner. I searched him at the station, and found these prints crumpled up in his right trowsers' pocket—he said he saw a person drop the books in Holborn, and he picked them up—he said nothing about the plates.
(The prisoner put in a written defence, stating,—that he left the coffee-house after dusk, and on proceeding down Holborn he heard something fall, and picked up the books; that a female said she thought they were dropped by a stout gentleman in a cloak, whom he followed, but he turned the corner and was gone; that he then went into a barber's shop, put the books down, and on leaving left one behind; that on going to the Old Bell he left one book there while he returned to the barber's for the other; that he never opened the books to see who they belonged to, or he would have returned them.)
MR. CLEARE re-examined. He had paid one shilling for his lodging.
GUILTY . Aged 27.—Strongly recommended to mercy by the Prosecutor and Jury.— Confined One Month.
OLD COURT.—Wednesday, April 6th, 1843.
Third Jury, before Mr. Justice Cresswell.
1122. GEORGE GODDARD , was indicted for that he, being employed by and under the Post-office, feloniously did steal a post letter, containing a sovereign, the property of Her Majesty's Post-master General; to which he pleaded
GUILTY . Aged 17.— Transported for Seven Years.
MR. ADOLPHUS conducted the Prosecution.
THOMAS BAKER . I am a news-agent, and live in Cain-place, Kentishtown. The deceased, Samuel Hunt Baker, was my son—on Friday, the 24th of March, he came home to me between one and two o'clock, and told me something—I saw a wound in the back of his neck—I ascertained it had been dressed by a surgeon, and sent him up stairs to bed—in consequence of something he told me, I did not send for any medical gentleman immediately—I sent for Mr. Part next day—my son died on Tuesday the 28th.
Cross-examined by MR. DOANE. Q. How old was your son? A. Nearly fifteen—I know the prisoner's father—he is a shoemaker in the neighbourhood—I have only known the prisoner slightly by seeing him about—he was employed
by Mr. Parker to carry milk about—I believe my son and the prisoner knew each other—Morgan's-fields is a place where boys generally play—I know the three boys who are witnesses—Maynard and Roberts were associates of my son—not regularly, but sometimes—my son was errand boy to myself.
JAMES PART . I am a surgeon, and live in Cambridge-place, Cambridge-terrace, Camden-town. On Saturday, the 25th of March, I was called in to see the deceased—I found a fractured wound at the back of his neck, close to the base of the skull—I examined that wound with a groove director, which I found penetrate an inch and one-eighth, and from that wound there oozed a quantity of serum—the wound was half an inch long externally—the boy was labouring under symptoms of inflammation of the membranes of the brain, for which I used the ordinary remedies, leeches, cold lotions, and purgatives—in spite of all those remedies, the symptoms continued gradually to increase, and he died on the fourth day, the 28th of March—I attribute his death to the wound at the back of the neck—he had no other malady or complaint about him that I observed, that would have occasioned or contributed to his death—I made a post mortem examination—I observed in the spinal canal, which is the cavity containing the spinal marrow, a punctured wound, which corresponded with the one externally, it was an eighth of an inch long, and penetrating the membranes covering the spinal marrow—there was extensive inflammation of the membranes around the wound, and at the base of the brain was effusion of a large quantity of serum, the result of that inflammation, which was sufficient to account for his death.
Cross-examined. Q. Had you attended him at all before? A. No—he appeared to be a stout, fine healthy boy, rather robust, and tolerably muscular for his age—I do not think if I had been called in earlier the fatal consequences could have been averted, because wounds of that description, penetrating the spinal cavity, generally prove fatal in spite of all treatment—I saw nothing which could have caused his death except that wound.
WILLIAM MAYNARD . I am a lamplighter, and live in Crown-place. On Friday, the 24th of March, I was in company with the deceased under a walnut-tree in a field opposite Mansfield-place, Kentish-town, with Roberts and Walter—the prisoner came over the fence with some cow parsley in his lap, and a knife in his hand—he said to the deceased, "Did I sell a halfpenny worth of milk on the bridge?"—I did not know what that meant—the deceased said, "Yes"—the prisoner said, "You are a liar"—the deceased replied, "You are a liar"—the prisoner said, "You are a b----liar; because you are a thief yourself, you think every body else is"—the deceased jumped up and struck the prisoner with his fist—the prisoner struck him with his fist—the deceased struck him again on the head—the prisoner grated his teeth, held the knife up, and said he did not care a b----if he stuck him—the deceased stood facing him—he put his hands up, turned round to save the blow, and the knife caught him in the back of the neck—he did not throw the knife—it did not go out of his hand—the deceased said, "I am stuck"—the prisoner dropped the cow parsley out of his lap, and ran home directly—the deceased was so weak he could not get over the fence—I helped him over, and took him to several surgeons, but could not get assistance—I at last left him at Mr. Birmingham's, a surgeon—I afterwards saw him again at the station, when the prisoner was taken—they then appeared on very good terms—I think their meeting in the field was merely accidental—the two boys were not a fair match—the deceased was the more powerful of the two.
Cross-examined. Q. In whose service are you? A. The London Gas Company—I told the prisoner's father that the deceased was more to blame than the other, because he struck first—I did not say that the deceased got
the prisoner down and knelt on him, and nearly got the breath out of him, nor that the prisoner threw the knife at him—I have never been in any trouble.
PETER ROBERTS . I am a labourer, and live in Mansfield-place. On the 24th of March I was in the field, lying down by the tree—I saw Mellor coming across the field with some cow parsley in his lap, and his father's shoemaker's knife in his hand—he came up to Baker, and said, "What business had you to go and tell Ted Parker that I kept a halfpenny for the halfpenny-worth of milk that I sold?"—Baker said, "So you did"—Mellor said, "You are a b----liar; because you are a b----thief yourself, you think every body else is"—Baker then got up off the ground and made a hit at Mellor, who fell down and did not receive the blow—he said, "If you hit me, I'm b----d if I won't stab you"—he dropped the cow parsley, ran up to Baker with the knife, and was going to strike him in the face—Baker stooped his head, and received it in the back of his neck—Mellor ran home with the knife in his hand—Baker said to me, "Oh, Peter, he has stabbed me; take me to the doctor's," and we took him.
Cross-examined. Q. How many blows did the deceased strike? A. He only hit him once in the face—he did not hit him the first time—he struck at him a second time, and then hit him—it was after he struck at him the first time that he said, "If you hit me I will stick you," and he then hit him—Mellor was not on the ground during this, nor did Baker close on him—I am not in service at present—I have been working in the brick-field for Mr. Salter—I have been in custody twice, once for getting apples out of a garden, and once for stealing a bit of iron, but I found it—I was never charged with being concerned in robbing the vestry of a church, or any other offence—there is no charge against me now.
MR. ADOLPHUS. Q. Have you any ill-feeling against the prisoner? A. No—I have known him a good while, and was always on friendly terms with him, and the deceased also.
ELIZABETH SHORT . I am the wife of Henry Short, a plumber, in Old Chapel-row, Camden-town. On Friday, the 24th of March, between eleven and twelve o'clock, I was standing at my door, and saw Baker striking the prisoner repeatedly, between my house and the corner of Mansfield-place—I heard no words passing.
Cross-examined. Q. Have you known the prisoner? A. Yes, from his infancy—he has been a well-conducted, quiet, inoffensive boy.
(The prisoner received a good character.)
GUILTY . Aged 10.—Recommended to mercy, in consequence of the provocation.— Confined Fourteen Days, Solitary.
MR. ADOLPHUS conducted the Prosecution.
JAMES MYDDLETON . I keep the Wagoner's Arms public-house, in Bell-court, Milton-street, Chiswell-street. The prisoner and the deceased rented a cottage of me, adjoining my house, since August last—she lived with the prisoner as his wife—I only knew her as Mrs. Doyle—on the 9th of Nov., about two o'clock in the afternoon, she came to me with her child in her arms, and told me something—the prisoner was not present—between six and seven that evening I saw her pushed out of the cottage door, I cannot say who by,—I saw the arm of a man—she appeared to me to have nothing on but her shift—she went across the yard into a shed—I directly went into the cottage, and there saw the prisoner and two other men—I told him that if I heard
any more quarrelling that evening I should call in an officer and give him in charge—I had heard quarrelling about two o'clock that afternoon, when she came to me—I did not hear the prisoner's voice; I heard hers—I heard no more quarrelling that evening—a man named Moore went and fetched her in from the shed—I saw no more of her till next evening, when I fetched the doctor for her—she complained of a pain in her bowels.
Cross-examined by MR. DOANE. Q. Did you observe her eye at two o'clock? A. Yes—she had a very severe black eye—I did not see the prisoner at that time—he was engaged as a labourer at the Royal Exchange while he lodged in my cottage—she did not speak to me when she went into the shed—I saw Mary Moore at that time—she came out of my house—she was a servant of mine at that time—she stood at the door of the cottage as I passed in—I did not go into the room the deceased came out of—I could see from where I was sitting which room she came from—she came from the right-hand room—the house-door opens on the left hand—I found the prisoner in the left-hand room with two lodgers—I spoke to the prisoner about her being pushed out—he said, "You are not aware how she has been serving me to-day"—they had had quarrels before, two or three different times—he used to complain of her drunken habits—I cannot say whether she was drunk that evening—I know, when she came at two o'clock, she was drunk—when I went in the cottage, on the following evening, he was sitting by her bed-side, crying, and she was in bed—I asked him if he had any advice for her—he said he had been and got some castor oil for her, but he had no means to get a doctor; he wished me to get a doctor for him, and said he would pay me some time or other—I went for Mr. Blythe, of Chiswell-street—after he had seen her I saw her again the same evening—she said she had been out with some men, that they got fighting, and she got hurt—she did not say how—I had been in the habit of seeing her nearly every day since they lodged in the cottage—she was very frequently in the habit of getting drunk while the prisoner was engaged at his work—I always found him a very steady, quiet man—I never saw him tipsy in my life—I never saw him ill-use the deceased—she had a child, by a former husband, ten or eleven years old, and he was living with them—I do not know her christian name.
(MARY MOORE, a child ten years of age, being questioned, and not understanding the nature of an oath, or the consequences of speaking falsely, was not examined.)
JAMES MOORE . I am the father of Mary Moore. I lived in the prisoner's cottage—on the 9th of Nov., we came together from the Royal Exchange—he got home two or three minutes before me—when I got in, his wife was drunk—he said she had pawned my clothes for 15s.—another lodger had given her 15s., and I had given her 3s. 6d.—that money was all gone, and there was nothing to eat—I saw no blow struck—I know Bridget Collins—I do not know what has become of her.
THOMAS BLYTHE . I am a surgeon, and live in Chiswell-street. I was sent for to attend the deceased—I am not aware whether she knew her end was approaching—the prisoner never said anything to me as to how she came in that condition—I never spoke to the prisoner.
NOT GUILTY .
MR. ADOLPHUS conducted the Prosecution.
corner, Minories. I knew the deceased and the prisoner as customers—on the 9th of March, I saw them at our house in company before the bar—the witness Jessop was there at the time—the deceased accused the prisoner of robbing her during the night of a fourpenny-piece, and some halfpence—he denied it, and threatened to strike her if she repeated it—she did repeat it, and he struck her—I am not certain where, but I think on the top of the shoulders or neck, with his clenched fist—she requested him not to strike her—he threatened if she accused him again he would strike her again—she did so, and he struck her a second time—she staggered, I think from the blow, and fell—her head came in contact with a rum puncheon, which was standing at the bar, and she lay apparently lifeless for some time—I advised medical assistance to be sent for—the prisoner said that she was subject to fits, and he supposed she was in one then, but not recovering, Jessop assisted her on to a seat—Mr. Baller, a surgeon, was sent for—he promptly attended, and declared her dead—she appeared to me to be perfectly sober when she came in.
Cross-examined by MR. WYLDE. Q. Can you at all state with accuracy whether the fist was doubled or not? A. I can—his fist was doubled when the two blows were struck—the potboy and a son of the deceased were present—she was standing sideways to the prisoner at the time—I saw nothing at her feet—I believe she staggered solely from the blow.
COURT. Q. What time of day was this? A. Between seven and eight o'clock in the morning—the second blow took effect in the same direction as the first—I cannot say the exact spot, but as near the head as could be.
BRYANT HARRISON . I am potboy at the Blue Boar. On the morning of the 9th of March I saw the prisoner standing at the bar—the deceased came in, and accused the prisoner of taking a fourpenny-piece and some halfpence out of her pocket during the night—he said he had not robbed her of anything—she said, "Yes, you have," and he struck her on the breast—she said, "Don't strike me"—he said, "Yes I will, if you accuse me of taking money from your pocket"—she turned round to go out at the door, and he struck her again on the side of the head—she staggered and fell—whether her foot caught against a piece of wood that is put to keep the door back, I cannot tell, but she fell, and her head came against a rum puncheon—I went to pick her up—the prisoner said "No, let her alone, she is in one of her fits again"—she laid there, and he and Jessop afterwards picked her up, and put her on a bench—a woman came in just at the time—the deceased called her Betsy—she went to go near her, but the prisoner would not let her—the deceased laid on Betsy's shoulder, and she died on her shoulder—a doctor was sent for, but we could not get one for some time—I asked the prisoner if I should go for a doctor—he said, no, the boy was gone—at last the doctor came, and the woman was dead.
Cross-examined. Q. Can you tell whether the prisoner's hand was open when he struck her? A. I saw it clenched both times.
RICHARD JESSOP . I am a fishmonger, and live in Rosemary-lane. I was at the Blue Boar—the prisoner was talking to me about his wife being out the night before, spending his money, and in the meantime she came in, and accused him of taking a fourpenny-bit, and 2d. from her pocket—he said, "Don't accuse me of thieving, if you do, I shall knock you down"—she repeated it, and he gave her a slight blow—she said, "Don't do that"—on turning round to come out of the door, he gave her a second slight blow—she reeled and fell on the floor on her back—I said, "Clark, let us lift her up"—he said, "It is one of her fainting fits"—I helped to lift her up, and place her on a seat—he called for a glass of cold water—I then left.
Cross-examined. Q. Can you tell whether the prisoner's hand was open or not? A. The last blow he gave her was with his hand open—I do not think the blow he gave her was sufficient to knock a child down, but she kicked against the post, I think, or something there—there is a bit of wood behind the door where she fell—I do not think there was any malice on either side, at the time the blow was struck—I never saw the woman before—I have known the prisoner four months—he is a very civil quiet man—I never saw him the least quarrelsome.
ELIZABETH STOKES . I knew the deceased two years by the name of Elizabeth Tegg—I went to the Blue Boar on this day, and found her lying on the ground—the prisoner helped me place her on a seat—she called me by name, "Betsy"—that was all she could say—she had no power to say more—she died in my arms—I asked the prisoner to fetch a doctor, as she was dying—he said he thought she was only in a fit.
Cross-examined. Q. Were you aware of her occasionally being subject to fits? A. Not the least.
HENRY BALLER . I am a surgeon, and live in Jewry-street, Aldgate. On the day in question I was sent for—the woman was dead when I came—I afterwards examined her head, to ascertain the cause of death—I found a bruise on the left temple, and another underneath the left eye—I could see no other external marks of violence—on the following day I made a post mortem examination—I found the membranes of the brain very much congested, with blood in the ventricles—I also found effusion of blood—at the base of the brain I saw a very great quantity of blood, effused from rupture of a blood vessel—I attribute her death to the rupture of a blood vessel—that might be produced either by a blow, or falling against a hard substance—I think it much more likely to be by the fall against the rum puncheon.
Cross-examined. Q. Did the head indicate a healthy state of body or otherwise? A. I saw no appearances but what were healthy, with the exception of great effusion, and the membranes being in a high state of congestion—congestion might be produced without a blow—I think congestion might follow in ten minutes from a blow—I have known a blood vessel broken without any violence—I do not believe the blow on the temple was the occasion of the rupture, nor the blow on the eye, because they had been done previously—I did not discover any bruise that had been produced that morning—I cannot tell whether she was addicted to drinking—I did not observe any smell of liquor about her.
COURT. Q. Then if she had fallen against a rum puncheon there was no external mark of violence left? A. There was not, but that may be accounted for by the quantity of hair behind—a rupture of the vessel from natural causes would account for all the appearances I observed in the brain—passion would produce the effects I saw—the woman being in a passion from the excited state of the vessels of the brain, blood would be thrown to them, and they would be predisposed towards rupture—a slight blow at that time might produce rupture—I think it might be produced by the fall against the puncheon—I cannot positively say whether it was occasioned by external violence or natural causes, but from there having been a fall I think it more probable that that had something to do with it.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
CHARLES PRENTICE . I am in the service of John Sanger, a patent medicine vendor, No. 150, Oxford-street, in the parish of St. Marylebone. On the morning of the 22nd of Feb. a man came into the shop for an ounce of salts—the prisoner resembles the man—I cannot say positively that he is the person—I served him—about half an hour after, somebody else came in for the same quantity of salts, I think about half-past eight or a quarter to nine—I went to breakfast, previous to the second person coming in—when I went to breakfast I secured the shop door—I breakfast in the house—in consequence of some information, about half an hour after I went into the shop—the door was then closed, but the papers on the counter were in confusion, and two trays were removed from a glass case on the counter, containing eighty, ninety, or a hundred scent bottles, worth 35l., or rather more—this bottle, produced by the officer, exactly resembles one of those we missed, in pattern, size, and make—these four, produced by Kibble, I have no doubt formed a portion of them, and two of them have our private mark on them—we generally put a small card into the bottles—we do not take them out when we sell them—these five, produced by Ward, I have no doubt formed a portion of those stolen—we missed some exactly like them, in colour, pattern, make, and size—there are no marks upon them, but they are precisely the sort of bottles, this one had a ring and chain to it which have been removed—I believe these three, produced by Belcher, also to be a portion of those which were stolen.
Cross-examined by MR. PAYNE. Q. You do not swear positively to any of these bottles? A. I can swear to the marks that are in some of them—I made them myself—I should say these have not been sold, but I cannot positively swear it—I do not believe they were, because we have sold scarcely any of this description of late—other persons sell in the shop besides me.
THOMAS UNDERDOWN . I am porter to Messrs. Hughes and Graham, of Oxford-street, next door to Mr. Sanger's. On the morning of the 22nd of Feb., about half-past eight o'clock, I was cleaning my master's windows, and saw two persons leave Mr. Sanger's shop with two trays—each had one—they were square mahogany trays—to the best of my belief the prisoner was one of the men, but I could not swear to him—he is of the same size, and his appearance corresponds.
Cross-examined. Q. You did not see his face, did you? A. No, I had never seen him before.
WILLIAM MONTGOMERY (police-constable F 4.) I heard of this robbery on the 22nd of Feb., and in consequence of information, about four o'clock that afternoon, I went to Mr. Lamb's, a pawnbroker, in Stanhope-street, Clare-market—while there, the prisoner came in and offered this bottle in pledge to Mr. Lamb, who offered him 2s. on it—I asked Mr. Lamb to show it to me—I reached over the counter to take the bottle from him, at the same time I looked at the prisoner—he immediately turned round, and ran out at the side door, which he had come in at—I had gone in at the front door—I ran out of the front door, and pursued him about 100 yards—he was stopped by another constable, and I took him to the station.
Cross-examined. Q. You are not in Mr. Lamb's employ? A. No—I was about business there when the prisoner came in—Mr. Lamb is not here.
Clare-market, which is not far from Mr. Lamb's. On the 22nd of Feb. the prisoner pledged a smelling-bottle between twelve and two o'clock, in the name of John Smith, No. 18, Holies-street, for 1s. 6d.
Cross-examined. Q. Did you know him before? A. Yes, he had been in the habit of pledging there.
WILLIAM KIBBLE . I am in the service of Messrs. Tarrant, pawnbrokers, in Great Charlotte-street, Blackfriars. I have produced four smelling bottles pledged on the 22nd of Feb. (I think about twelve o'clock in the day) by a man very much resembling the prisoner—I cannot positively say he is the man.
FREDERICK WARD . I am in the service of Mr. Powell, a pawnbroker, is Great Suffolk-street, Borough. I have produced five smelling bottles pledged at our shop on the 22nd of Feb.—I believe the prisoner is not the man who pledged them—he does not at all resemble the man—he stood in the darke box in the shop.
JOHN COLLINS BELCHER . I am in the service of Mr. Turner, a pawn-broker, in the Waterloo-road. I have produced three glass smelling bottles, pawned on the 22nd of Feb., between eleven and twelve o'clock in the morning, by a person very similar to the prisoner—I believe it to be the prisoner from the resemblance.
Cross-examined. Q. Had you ever seen the person before? A. Not to my knowledge—I cannot positively swear it was the prisoner.
WILLIAM PAWLEY . I was in the service of Mr. Aaron, a pawnbroker, is Great Charlotte-street, Blackfriars. On the 22nd of Feb., between nine and ten o'clock in the morning, these four smelling bottles were pledged by a man very much resembling the prisoner—I believe him to be the man.
(Witnesses for the Defence.)
GEORGE HENRY ALLEN . I keep the Cock and Bottle, Bedfordbury, New-street, Covent-garden, and have kept it nearly six years. I know the prisoner—he is a coach-trimmer—he has been in the habit of frequenting my house for nearly three years past—I believe he was steward to a Trade's Benefit Society—it was not held at my house—I remember the day he was taken into custody—he slept at my house the night before, and did not leave till past eleven next morning—several people about the same stature as the prisoner came to my house—I know a man named Smith, who very much resembles him—he may be a little taller—I have not seen Smith since the prisoner was in custody—I saw him on the Monday as the prisoner was take on Wednesday—the prisoner was in bed at my house from eight till nine that morning—he got up just before eleven, for he made an observation on getting up, that he was late—he went to bed at half-past twelve—I got up between seven and eight—he could not have got out of the house without my seeing him after I was up—I see every person that comes in and goes out of my house—the bar is so situated, and there is no back way—I do not think it likely that he could have come into the house after I got up, and before eleven, without my seeing him—I saw him in bed between nine and ten that morning—I do not think I saw him before nine—I went into his bed-room about half-past nine—I had my breakfast at nine—he was then waking—he could not have gone out or come in after I came down without my seeing him.
MR. DOANE. Q. How often has he slept at your house? A. Perhaps, in all, fire or six times—the last time, before this, was, I think, about two months previous—he came on the Tuesday evening between seven and nine o'clock—he was in the tap-room—we do not keep a servant, and I see the men to bed—I did not show him to bed—he went up with another lodger, named May, who had been residing at my house some time—they slept in the same room—I believe no other lodger slept in the house that night—my wife and an old man assist me in my business, and a little girl looks after my children—I was up first, and opened the shop—the old man was not up all day, he was ill with the rheumatism—the little girl lives opposite—I let her in at eight o'clock in the morning—my wife got up between eight and nine—I breakfasted in the bar-parlour with my wife, children, and the little girl—it was after that that I went up to the prisoner—May was then in bed—he is a gentleman's groom—I first heard of this robbery on the day the prisoner was taken—I went before the Justice on the Friday to which day the prisoner was remanded—no one was examined for him—he was again remanded—I do not think the prisoner saw me there.
MR. PAYNE. Q. Do you know where May is? A. I do not know; somewhere in the neighbourhood of Brompton, I believe—I do not know where to find him.
COURT. Q. What time of day did you hear of the robbery? A. Not till near the evening, about five o'clock, I think—I was told of it by a fellow-workman of the prisoner, named Sullett—I do not know where the prisoner lodged, but I always believed it was in the neighbourhood of Compton-street—I do not know where Smith lodged—I know nothing particular of Smith—I have frequently seen him and the prisoner sitting talking together in the tap-room—the prisoner was in the habit of coming to my tap-room of an evening.
JOHN SIMMONDS . I am a watch and clock maker, and live in Vauxhall-walk, Lambeth. I have known the prisoner between three and four years—he lodged with me nearly twelve months, and left about six months back—I trusted him with property, and always thought him honest.
MR. DOANE. Q. Do you know where he has been lodging for the last six months? A. Yes; the last place he was in was Vere-street, Clare-market—he lodged there about a month—he was lodging there at the time the robbery happened—I was there at the time the policeman came to search the place—at the time the prisoner left me I let him take a room full of furniture, and he was to pay for it by weekly instalments—I called on him every week for the money—he lived in West-street, Soho, after leaving me, and then went to Vere-street—when I called on the day in question, at Vere-street, for the money, his wife told me he had not slept at home that night—he is a married man—it was between four and five o'clock in the afternoon that I called.
MR. PAYNE. Q. Do you know whether the prisoner is steward of a benefit society? A. Yes; he is the pay-steward—I have been at a meeting of the society—the prisoner delivered up the key to another steward before the Magistrate.
NOT GUILTY .
with a bundle under his arm—as soon as be saw me he turned round Red Lion-court, and ran as fast as he could—I ran after him—he threw down the bundle—a man stopped him at the bottom of the court, and I got the bundle—I asked the prisoner where he got it—he refused to tell me at first—at the station he said a man gave it to him to carry—I opened it, and it contained twenty-three yards of unbleached calico, which I produce.
GEORGE DEACON . I am in the employ of Thomas Butler, a linen-draper, of Nos. 58 and 59, Shoreditch, half a mile from Wood-street, Spitalfields. On the 8th of March I missed a piece of unbleached calico, about five o'clock in the afternoon—I had seen it safe about three—this is it—it has our shop mark.
GUILTY . Aged 19.— Transported for Fourteen Years.
Fourth Jury, before Mr. Recorder.
HENRY LOCKYER (police-constable A 90.) On the 3rd of March, in the afternoon, I was on duty in Whitehall, and followed the prisoner and another man to Charing-cross—they looked in at Mr. Clark's shop, and passed up and down several times—I was on the opposite side, and missed sight of them two or three times—at last I saw the prisoner outside the shop-door, and close to it—I saw him take a bag from under his arm, undo it, and run towards the Strand—I there saw the other man with a ream of paper, and the prisoner received it into his bag—I went up immediately, and tried to lay hold of the other man, but he slipped under my arm, and I laid hold of the prisoner—he dropped the bag—I took him into Mr. Clark's shop—the prisoner afterwards said the other man had asked him to carry it into St. Paul's Churchyard—when he left Mr. Clark's shop he went quick, more a run than a walk—I had seen them together in Whitehall.
Cross-examined by MR. CROUCH. Q. How far from the shop did you take him? A. Twenty or thirty yards—they both ran, but the prisoner did not get many steps before I stopped him, nearly opposite the Post Office—Mr. Clark's shop is round the corner, on the same side of the way, five or six houses from Northumberland-house—they only ran two or three steps after I went up to them—I saw the prisoner run from Mr. Clark's shop to the other man, undoing the bag the while—I did not see either of them go into the shop or come out—the other got away—I did not have much of a scuffle—I took the bag up before I apprehended the prisoner—I stated at the second examination that the prisoner said the other party asked him to carry it to St. Paul's churchyard—I only lost sight of them while a vehicle might pass—that was before I saw him with the paper—I did not lose sight of him afterwards.
JOHN CLARK . I am in the employ of my father, William Henry Clark, a stationer. I believe this ream of paper to be his—when the prisoner was brought into the shop I missed a ream packed up very much like this; it has every appearance of this—I had noticed it safe in the morning.
Cross-examined. Q. Is not all paper packed in a similar manner, with the same excise stamp? A. Yes, the maker's name on it is Nash, of Kent Mills—our paper was of that name—I have no private mark on it—I noticed it there that morning—I was in the back part of the shop when it was taken—it was in the middle of the shop—we have one assistant—this was a sample
ream, which was to be returned—I am sure it could not be sold—we should not sell it.
(The prisoner received a good character.)
GUILTY . Aged 32.— Confined Four Months.
THOMAS MORRISON . I am a sailor. I lodged at the Phoenix in Upper East Smithfield on the 14th of March—I arrived in London the day before from Scotland, by the Clarence steam-boat—the prisoner was a passenger in the same vessel—I joined him in a cab from Blackwall, and came to the Phoenix—I went into the back yard there, and the prisoner followed me—when I returned to the room in the public-house several people spoke to me—I afterwards felt in my inside pocket, and missed seventeen sovereigns which I had there loose—I cannot say whether I had any silver in that pocket, but I had in my outside pocket—I found I had some silver left—I believe it was 18d., but not in the pocket the sovereigns were taken from—I went to the station, and afterwards to the Regent's-park barracks, where I found the prisoner locked up—the constable asked him if he knew me—he said he did—he said, "Have you got anything belonging to him?"—he said he had—he put his hand into his pocket, took out two sovereigns, and threw them down on a camp-bed—he was searched, and half-a-crown and two coppers found in his boots—I believe he did not produce the half-crown with the two sovereigns, but I do not recollect—I was not the worse for liquor, but half stupid, from drinking, a little over the bay, not in my proper senses—I had treated the prisoner to drink, and suppose he saw my money—I paid for the cab—I had some gold in my hand several times in his presence—I had some whisky in the tap-room of the Phoenix—we got there between three and four o'clock—I then went out for a necessary purpose—I am troubled in doing so, and it takes me half an hour—I had several times to go on all-fours—the prisoner followed me there, into a place where they clean pots, and shut the door, and there he was for twenty minutes leaning on me—he went away after he had been there fifteen or twenty minutes, and I saw no more of him—he passed through the public-house to go out, and went away without wishing me good bye—when I was on board the vessel I got into conversation with him, and asked him to have something to drink, which he did twice—when we came up he said, "I am sorry I cannot return the compliment; I have been down to Scotland on furlough; I am hard-up, and cannot stand a glass"—I said, "Never mind, whenever you want a glass ask me and you shall have it."
Cross-examined by MR. CLARKSON. Q. Was he tipsy? A. I cannot say he was sober—he was drinking as well as me—I was not very drunk—I had had several glasses—I drank whisky and gin, not rum—I found out that the prisoner was a Sotchman—I believe it was between twelve and one o'clock when I got to the barracks—he must have left me a little before four—he was lying down at the barracks, but he could stand up as well as I can now—he stood up straight—he did not stand up against a wall—he was in the black-hole, which is a small place—if he had been drunk he would have fallen down—when he put down the two sovereigns, I said, "There now, if you confess it I forgive you"—I went to put my hand on the two sovereigns, and he said, "Stop, that don't belong to you," he had said it did belong to me after—I do not recollect his trying to rouse me in the yard to take leave of me—when he first came in he said, "Come out, Jack, come out;" but I was in pain, and said, "Go to h----, I will be out directly"—the sovereigns were in my inside breast pocket—I had nothing but the money in them—there might have been some silver—when he said the two sovereigns were not mine I gave him in charge.
EDWARD BURGESS (police-constable H 198.) On the afternoon of the 13th of March the prosecutor came to me at the station, and I went with him to the Regent's-park barracks—I there found the prisoner in confinement—he was roused up by the sergeant—when he stood up I asked him if he knew the prosecutor—he said he did—I asked if he had anything belonging to him—he said, "Yes, I have"—he put his hand into his right-hand pocket, and took out two sovereigns—he then put his hand into his left pocket, and took out half-a-crown and two halfpence—I think he leaned against the wall—the sergeant assisted him in pulling off his boots, and we found a halfpenny in each boot—the money was thrown down on the bed—the prosecutor put his hand over it, took up the money, and said he would freely forgive him—I said I could not allow that—the prisoner said, "That money does not belong to him"—I took it up, handed it over to the sergeant of the guard, and desired him to take care of it till the morning—I have a letter, which I got from the corporal at the barracks, that he sent to one of his comrades—the Magistrate sent me for it—the prisoner was aware of my going for it.
SAMUEL BAKES . I am a corporal in the Royal Horse Guards—the prisoner has been in the regiment about two years and a half—he had been to Scotland on leave, and returned to the barracks at a quarter to five o'clock on this evening—I had sent for him at the Crown and Anchor, close by the barracks—he was very much intoxicated, and was put into the black-hole-at a quarter to eleven o'clock the same evening the prosecutor and constable came—I took them to the black-hole, where the prisoner was—after he was awoke up, the constable asked him if he knew the prosecutor—he said, "Yes, very well"—he asked if he had got anything belonging to him—he said, "Yes I have, it is here"—he pulled out two sovereigns from one pocket, and a half-crown and two halfpence from another pocket, and then said it was not his—we afterwards took off his boots, and there was a halfpenny in each boot—the prisoner was drunk, and I consider he did not know what answers he gave to the questions put to him—he remained in the black-hole all night—I went to call him up next morning, and he asked if I knew anything of his money—I directly asked him if he was aware of the nature of the charge against him the night before—he said, no, he had no recollection of it—I told him there had been a policeman and a person there, who accused him of robbing him of seventeen sovereigns—he said he knew nothing at all about it, that he had a little money when he left home, but where it was he did not know—I told him he had been searched, and two sovereigns, half-a-crown, and two halfpence found, which was in my possession—he told me he was very glad to think his money was safe, and that I had got it—he said he did not know anything of the prosecutor's money—he said that he came up from Scotland with him.
Cross-examined. Q. I believe you have not a better soldier than the prisoner in the regiment? A. No—the morning I came away the books were searched by the commanding officer, and no report was found against him—I believe he is a Scotchman—he had been on a two months' furlough—I have always understood he was of careful, penurious habits.
WILLIAM M'QUEEN . I am a bricklayer, and live in Crown-court, East Smithfield. I was at the Phoenix on the 13th of March, between three and four o'clock—in consequence of something I heard I went out into the yard with a lighted sheet of paper, as it was dark in the place where they clean pots, where the water cistern is—I saw the prisoner standing behind the prosecutor, who was leaning on the place where they clean the pots—the prisoner had a large cloak on—when he saw the light, he called the prosecutor twice, saying, "Jack, get up"—I turned round and the prisoner fol-
lowed me, and went straight out of the house—I aroused the prosecutor, and asked if he had any money about him, if he had lost anything—he told me to mind my own business—I said, "The soldier is gone, I don't think it is right"—he said, "The soldier is a friend of mine"—the prosecutor was partly drunk—he did not appear to know where he was when I awoke him up.
Cross-examined. Q. Had you ever been to the police-office before the examination? A. No, I am quite certain—I do not know the person who locks up at that place.
WILLIAM SCRIVEN . I live at No. 44, Cartwright-street, Aldgate, and am is the service of Mr. White, a provision-merchant. On the 13th of March, between three and four o'clock, I was in the Phoenix—I saw the soldier and sailor come in, and very drunk, in the tap-room—the soldier sat down, and the sailor went right through into the back place—the prisoner then asked me where the sailor had gone—I said, into the back place—he said, "I will go in search of him"—he was gone twenty minutes, and we wondered where he was gone, and I said I would go and see—M'Queen went, and lit a piece of paper, and directly he went into the place the prisoner walked out very quick through the room, and turned to the right going out—he went away without taking leave of the prosecutor, leaving him asleep in the back place—when the prosecutor came in, he was asked if he had lost anything—he said the soldier was his friend, if he wanted a sovereign he would give him one—the prisoner walked quite upright and well.
Cross-examined. Q. What time was it? A. About a quarter after three, as near as I can tell—the prisoner asked where the sailor was—I understood him that he would go and arouse him out—the yard is a very small place indeed—it was about five minutes after the prisoner went away that the prosecutor was awoke—he came into the room, and might stop there an hour or so, or perhaps more.
JOHN EVANS . I am a private in the Royal Horse Guards. The prisoner belongs to the same troop—his furlough was up on the 13th of March—I did not expect him home so early in the day as he came—I was at the Crown and Anchor in Albany-street at a quarter before five, and the prisoner came there in a cab very drunk—the cabman followed him and asked for his fare—he pulled a sovereign out of his pocket and gave it to me to pay the cabman—I got change for him, and paid the cabman 3s.—I kept the 17s., as he owed me a sovereign when he went away on furlough—I had promised to send him money, and I had a letter from him—this is it—I sent him a sovereign in consequence of receiving this letter (the letter here read alluded to a promise made by the witness)—I had promised to send him a trifle of money down, and I sent him a sovereign.
Cross-examined. Q. How long have you known him in the regiment? A. Two years and a half. He was a most well-conducted fellow—he was thought highly of in the regiment—I am in the same troop with him—I know he had 8l. 10s. when he went to Scotland, and I sent him 1l.—to the best of my knowledge he is a Scotchman—he is a man of very saving habits—he had that character in the regiment.
COURT. Q. Why send him a sovereign if he had 8l. 10s.?—A. I had promised to send it him—he had not said he should want more than he had—I did not intend it as a gift—he got a fortnight's additional furlough.
DUGALD TURNER . I am master of the Clarence steam-ship at Leeds. The prisoner came on board at Grantham pier, two miles from Edinburgh, as a deck passenger—his fare was 21s.—when he came on board he told me he had no money, but would pay me when he came to London, that he had
been nine weeks on furlough, and was short of money, or had no money at all, I cannot say which—that he would leave his things on board, and that he was going to the Horse Guards barracks, and would return from there and pay me—we arrived on the 13th—he left a covered green box and saddle-bag on board, of his own accord, instead of his fare—he landed with the other passengers at Blackwall, and was perfectly sober when he left the ship.
MR. CLARKSON called
WILLIAM WILKINS . I am sergeant-major of the Royal Horse Guards, The prisoner belonged to the troop, and was highly esteemed among his comrades—he had a furlough to Scotland—he was particularly parsimonious, and had been saving up money for eighteen months to go home—he deprived himself of little necessaries which he ought to have—on the day he left I paid him all the balance in my hands, which was 8l. 10s.—it would cost him about 30s. to get home—he ought to have as much as 3l. or more left, as he lived at his friends' at Scotland—if any money had been found in the black-hole I should have heard of it—he was taken there immediately he arrived, being drunk.
NOT GUILTY .
CHISTOPHER MALE . I live in Rawstorne-street, Clerkenwell, and am a brush-maker. The prisoner worked on my premises—on the 10th of March I missed some brushes from the warehouse, which she passed through.
JOHN HINWOOD . I live with Mr. Blackwell, pawnbroker, Myddleton-street, Clerkenwell. I have thirty-two brushes pawned by the prisoner on the 9th of March, and twenty-four on the 10th, in the name of Ann Smith, King's-row.
(Property produced and sworn to.)
GUILTY . Aged 18.—Recommended to mercy by the Prosecutor and Jury.— Confined Two Months.
1131. THOMAS CHAPMAN , the younger, was indicted for stealing, on the 9th of March, 13 yards of Orleans cloth, value 14s., the goods of Thomas Chapman, and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 14.— Confined Three Months.
GUILTY . Aged 20.— Confined One Week.
GUILTY . Aged 26.— Confined One Year.
OLD COURT.—Thursday, April 6th, 1843.
THOMAS BUEY . I am a policeman. On Wednesday, the 1st of March, I had reason to watch Mr. Campbell's house at Whetstone—I saw the kitchen window open at ten o'clock at night—I went into the washhouse, found a leaden pump and a quantity of lead pipe entirely torn down from the wall, and placed at the washhouse door ready to be carried away—I marked it, and fitted it as well as I could to the place it came from—I could ascertain that it came from there—I had seen it all safe on the Friday previous—about twelve on Wednesday night I saw the prisoner in Hawkes' custody on the premises—I said, "Johnson, is it you?"—he said, "Yes, Buey, it is, do, for God's sake, let me go"—I said, "No"—he said, "Do, for God's sake, and I will give you a sovereign"—I said, "No, Johnson, not if you give me a thousand."
Cross-examined by MR. BALLANTINE. Q. Did you see the pipe in the morning? A. I cannot swear through glass—I think I saw it through the window—there was a lantern there—I did not see the prisoner with it.
CHARLES HAWKES . I am a policeman. On Wednesday night, about eleven o'clock, I examined these premises, and saw the lead near the wash-house door, ready to be carried away—I went in and searched the house, and in about five minutes bolted the door and got out of the window—a few minutes before twelve I heard somebody get in at the window and unbolt the door—I was in a side closet—it was the prisoner—he went close by me, and came out in a few minutes with the lead in his possession—I took him into custody with it—he begged very hard to be let go, and said he would give me a sovereign, and nobody but us would know anything about it—I detained him.
Cross-examined. Q. I believe you have known him some time? A. Yes—he keeps a respectable butcher's shop in the neighbourhood—I have been three years on that beat.
(The prisoner received a good character.)
GUILTY .—Strongly recommended to mercy by the Prosecutor and Jury.
Confined Five Months.
SAMUEL NICHOLLS . I am shopman to James Marks, cheesemonger, Brewer-street, Somers-town. On the evening of the 14th of March I saw the prisoner enter the shop, reach across a small counter, take this bacon off a shelf, and put it under her arm and shawl—she immediately turned round, came and asked me the price of eggs, which did not suit her, and she went out—I followed and stopped her—I said, "Where is the bacon?"—she said she had none, and it fell from under her shawl—I gave her in charge.
GUILTY . * Aged 67.— Confined Four Months.
Before Mr. Justice Cresswell.
1136. WILLIAM HALFORD CLARKE , was indicted for feloniously forging and uttering, on the 30th of Jan., an order for the payment of 24l. 11s. 2d., with intent to defraud Abel Smith and others;—also, for forging and uttering, on the 27th of Feb., another order for the payment of 84l. 17s. 2d., with intent to defraud William Masterman and others; to both of which he pleaded.
GUILTY . Aged 19.— Transported for Twenty Years.
1137. CHARLES ABRAHAM BENNETT , was indicted for feloniusly assaulting Thomas Thompson, on the 12th of Jan., and stabbing and wounding him in and upon his right eyebrow and right eye, with intent to maim him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
MR. BALLANTINE conducted the Prosecution.
THOMAS THOMPSON . I am a lock and whitesmith, and live in Charles-place, Kensington-square. On the 12th of January I went to the house of Mary Leary, at No. 36, George-street, Bloomsbury—when I got there the prisoner was sitting down partaking of food with Mrs. Leary and her children—Mrs. Leary asked me to partake of it, and I sat down for that purpose at a different table to the prisoner—I sat sideways to him, and his back was to me—I think within two minutes after I sat down the prisoner got up from his seat and took the plate which had been provided for me and was before me, but I had not began to eat—it slipped from his fingers, and fell into my lap—at the same time he took the plate from Mrs. Leary's mother, who was at my table, and that fell on the floor—he had taken the two plates one in each hand—he then, to the best of my knowledge, took up the fork which had been given to me, and plunged it into my eye—I cannot swear that I saw him take the fork up—I was sitting down at the time—I jumped up, and Mrs. Leary asked me to fetch a policeman, which I did, and he was given into custody—I have been under medical care—the sight of my eye is quite gone—I had not said a word to him after entering the room.
Cross-examined by MR. CLARKSON. Q. You had not given him any offence at all? A. I had not spoken a word to him—I do not call Leary's a low lodging-house—she is a respectable dress-maker and milliner—the street was formerly called Dyott-street—there was a Waterloo bedstead in the room—I think the prisoner was eating—he was very drunk—it was about six o'clock in the evening—I did not get up till the fork was plunged into my eye—I had given him no offence, and I think there was no ill feeling on his part.
JURY. Q. Had you known him before? A. I had been acquainted with him from about the 14th of Nov.—I have seen him several times since, and if I say ten times, he was drunk eight out of those ten times—there had been a few slight words between us on one occasion, but nothing to give me for a moment to suppose he had any vindictive feeling—there was no quarrel at all.
MARY LEARY . I am a widow, and live at No. 36, George-street, Bloomsbury. On the 12th of Jan. I was at home with my family—the prisoner and his wife had been staying there with me for four days—he was in a state of intoxication between five and six o'clock on that day—I sat down to dinner with him at that time, also my three children and mother—Thompson came in, and I gave him some dinner—he sat down at my work-table, at the back of the dinner-table—the prisoner took up the plates and they were broken—he then took the fork and plunged it into Thompson's eye—he appeared very much excited by drink—he was tipsy—I told Thompson to fetch a policeman, as I did not like to leave my children—he fetched one, and the prisoner was given in charge.
Cross-examined. Q. Is there a shop in this house? A. I have the shop and parlour—I am a dress-maker and milliner—there are six rooms in the house—I pay 4s. a week for the shop and parlour—the prisoner was in bed nearly the whole of the four days he was at my house—the female he was with passes as his wife—Mr. Thompson had assisted him out of bed that day and to put his clothes on, and the person who had the care of his child and Mr. Neale
assisted him—the woman calling herself his wife is Mary Groves—but he always represented her as his wife—I did not know her as his servant when his wife was alive—I have known her about five years—I have seen her drunk when I have been at his lodging charing for him and her—I have the care of his child—she came backward and forward to see the child—the prisoner was drunk all the time he was at my house—he sent for drink himself—my mother went for it once or twice—I did not send my children for any—I was out part of the time—Groves went for part of the drink—I went once only—he was without money part of the time he was at my house, and I pledged his coat while he was drunk in bed—he insisted on my going with the coat—he asked three or four times before I would go.
Q. Was he not kept by you in a state of continual intoxication from the time Groves and him came till this happened? A. I was not at home when he came, but at eleven o'clock at night, when I came in, he and his wife were in the bed, where my children should have been—he had been frequently at my house, but never to sleep—had I been at home I would not have allowed them to go to bed—the police station is nearly opposite my house—I did not know where his friends lived—I had been to Mr. Weather, his agent, frequently, to draw money, at his request—I went there for 6l., after he was confined, to buy Mrs. Bennett clothes—I had no money from Weather while the prisoner was in my house, nor from any of his friends—it was not the day before this happened—the morning he was taken into custody I went with Mrs. Bennett for 6l.—he was at Clerkenwell at the time—it was the morning after he was taken—I was out several hours each day while he was at my house—I took part of the drink—it was gin and porter—they were in bed almost all day—they both had porter before breakfast, and gin—he never had breakfast—there were no bottles of gin fetched.
GEORGE WELLER . On the 12th of Jan. I was a policeman, and the prisoner was given into my custody in George-street—he was in the room and had a fork in his hand, which I took from him, and produce—he was standing up in front of the fire when I took him.
CHARLES BENJAMIN CROFT . I am house surgeon of University College Hospital—I saw Mr. Thompson there about half-past six o'clock on the 12th of Jan.—he had a wound in the eyebrow and ball, made with some sharp instrument—I attended to it, but he has entirely lost his sight.
GUILTY of an Assault only. Aged 45.—Recommended to mercy by the Prosecutor.— Confined Six Months.
1138. JAMES LITTLE, WILLIAM ROSE , and FANNY WRIGHT , were indicted for feloniously assaulting John Gilbert, on the 5th of March, putting him in fear and danger of his life, and violently and against his will robbing him of 1 sovereign and 1s., his monies; and immediately before, at the time of, and after the said robbery, feloniously cutting and wounding him.—2nd COUNT, for cutting and wounding him, with intent to do him some grievous bodily harm.
MR. CURWOOD conducted the Prosecution.
JOHN GILBERT . I live near Temple-bar. On the night of the 5th of March I was out with Reuben Albiston—I was at the Three Elms, St. Ann-street, Westminster, about half-past nine o'clock, the prisoner Wright came in directly after me, drank with us for half an hour, and then asked me to pay for some liquor—I said I had no money with me—we staid there till past twelve—she was in and out, and after twelve we three and Emma Smith went out together—we were invited to go to Emma smith's room, in St. Ann-street—Wright and Smith asked Albiston to go—we all four went up
into Smith's room, and stopped a short time—I went down to go to Wright's room with her—that is in a house down the same court—I went out down stairs into the entry, staid there a minute or so, and Wright passed two or three words at the bottom of the stairs, in the entry—there was no light there—two or three or more females came down from the top of the entry and jostled me about—I felt them at my waistcoat-pocket and my watch pocket—I slipped my hand to my waistcoat-pocket, where, I am sure, I had a sovereign and shilling, and they were gone—I felt my watch-pocket and missed my watch—I had left that up-stairs with Albiston, but forgotten it at that time—I accused Wright of taking my watch and money—she ran away down the court—I followed her up into her own room—I accused her again of taking my watch and money—she denied it—I went out to fetch a policeman, and met some one in the entry of the court—I do not know whether it was a man or woman, but they came out of the door-way that leads up to Smith's room, and jumped on my back—I threw myself against the wall—I went to the top of St. Ann-street, and told a policeman I had lost my watch and money, and I expected they were then robbing my companion—he told me to go on, and he would follow me—I made the best of my way back into Emma Smith's room, and found Albiston, Emma Smith, and Wright there—I told Albiston I had lost my watch, a sovereign, and a shilling—he said I had not lost my watch, and gave it to me—before I could well get it into my pocket, two men came up stairs—I did not notice them sufficiently to know them—one of them struck me a blow in the eye with his fist, and on my mouth, which was cut in two places, he then turned round to Albiston, who hit him with his fist, or pushed him—I saw him fall—the two men escaped out of the room—I ran and shut the door, and heard them going down stairs—I went to look for my hat, which they had knocked off when they struck me, and before I could find it I heard them coming up stairs again, beating their bludgeons and weapons on the stairs as they came up—I ran to the door, put my foot to the bottom and my hand to the top—they tried to force their way in, but could not—they knocked a pannel, or part of one, in with their weapons—I then loosened the door and it came wide open—I saw the prisoner Little with a poker in his hand—he came just inside the door, and struck me on the forehead with the poker—I noticed him sufficient to be sure of him—he stood to the left, and the other man to the right—I rushed in among them on the landing, where there were three besides Little—I believe Rose to be the one who stood to my right, but cannot swear to either of the three—I made my way down to the first landing—(this was on the second floor)—I met the policeman, and before I could turn round Albiston came tumbling down stairs, bleeding, with his head cut open—I then gave Little in charge, and Albiston gave Rose in charge on the stairs—the policeman took them both to the station—we went to Westminster Hospital to have our heads dressed—I had several bruises, and was much hurt—I remained at the hospital eight or nine days—I believe Wright was taken to the station.
Cross-examined by MR. CHARNOCK. Q. You cannot swear Rose attacked you? A. No—I was not in any way fresh, nor did Albiston appear so—I met him at the Three Elms at first—I had dined at home—I drank nothing at dinner but water, I seldom do—I never drink after dinner, except Saturdays and Mondays—this was early on the Monday morning—it was Sunday night that I was at the public-house—I am married, and have three children—I am a brass-founder, and lodge in Bell-yard—Albiston is a house-keeper, and has a wife and three children—he had promised on Saturday to come to our house—he did not, but came into the Three Elms—I have seen
Wright before—I have known her since Christmas, and have been at the Three Elms, perhaps, about a dozen times, when she has come in—I was confused when I put my hand to my watch-pocket, and charged her with stealing the watch—I said three times that I had lost my watch.
Q. How came you to give your watch to Albiston? A. When I was going down stairs he said, "I shall have nothing to do with this party,"and I thought it would be safer with him—I do not think anybody saw me give it to him—when I left home that day I had a sovereign, a shilling, a sixpence, and one penny, or two halfpence—I spent 2d. before I got to the Three Elms—I there had two pints of half-and-half, which came to 3d.—I had the money in my waistcoat pocket, I believe, the right-hand pocket—I stuck my hand into my waistcoat pocket when I came out, and can swear the money was safe when I was in the entry—I did not see either of the male prisoners when the money was taken; perhaps half an hour passed before I saw them—there was a cry of "Murder" and "Police" when they were breaking the door open, but not before, to my knowledge—Emma Smith cried, "Murder" and "Police," on their making the noise with their bludgeons—neither she nor Wright cried out before that, to my knowledge—there was a soldier in the room when I first went up—the two girls went up into the room first, and in a very few minutes came and called us, so that I cannot say whether anybody had been there with the soldier—Albiston struck the man who came up first—the man who struck me did not seem in any way tipsy—I was nearly three weeks absent from work—the Three Elms is a regular public-house—the house in Ann-street, where Smith lodges, is a brothel—I was never there before—I cannot say how many females live where Wright does—I do not know that Wright had gone to Little to come over and assist—she was out of my sight two or three minutes, while I was gone for a policeman.
REUBEN ALBISTON . I am a whip-thong maker, and was in company with Gilbert at the Three Elms on the night of the 5th of March. We fell in with Wright and Smith there, and left the house together at nearly half-past twelve o'clock in the morning of the 6th—we all four went to Smith's room, which, I believe, is in a court out of St. Ann-street—we got there about twenty minutes to one, and had not been there long before Gilbert and Wright left the room together, leaving me and Smith there—I believe Wright's room is in the same court—it might be five or ten minutes when Gilbert came back and said he had been robbed of a sovereign, a shilling, and his watch, but he had given me his watch previous to going away, as I had told him I was going home—the two male prisoners came up stairs directly after, and struck him a severe blow on the eye—I cannot say which struck him, but am sure they are the two who first came into the room, and one of them struck him in the eye, and, another in the mouth—I cannot say whether the same man struck both blows—neither of them said a word before that, nor was anything said to them—they came in an abrupt manner, and immediately struck him, and directly came to make an attack on me—I believe it was Little that I knocked down—they both went down stairs, and in two or three minutes I heard footsteps coming up stairs, and making a great noise—I and Gilbert went to the door, and held it, to keep them from coming in—they fumbled at the door with the instruments they had got, and forced out a piece of the pannel—I then saw there was more than two on the stairs armed with weapons, one with an iron weapon—the others had pieces of timber—I found it useless to attempt to keep the door shut, and gave way—the two prisoners forced their way into the room—Gilbert was the first they met—they struck him a severe blow on the forehead, and laid his head open—I only saw the two prisoners come into the room, and it was one of them struck him—Gilbert got down stairs—the two prisoners then
attacked me, and one of them, I cannot say which, gave me a blow, I believe it was with an iron instrument, for it cut the back of my hat quite through, and cut my head open—I made my escape—the blow caused me to tumble part of the way down stairs, being bewildered a little—I found a policeman on the landing, down stairs, (two or three, I believe)—the two male prisoners were taken to the station, and we were taken to the hospital—I only went there to have my head dressed, but was under the surgeon's care nearly a fortnight—it was a severe blow, and produced erysipelas in my face.
Cross-examined. Q. This all occurred in this brothel? A. Yes—I had been to Smith's once before—I had known her a month or six weeks—I saw her about once a-week—I was quite sober—I struck the man, after they attacked me, and knocked him down—he did not bleed, that I saw—Wright was in the room at the time that happened—there had been a cry of murder before the knocking at the door took place.
MR. CURWOOD. Q. Before the men made their appearance in the room! A. No, before the knocking at the door—Gilbert was struck previous to their coming up with bludgeons—I beard him cry "Police" when he first went down with Wright.
COURT. Q. When was it you first heard the cry of murder? A. At the time they were knocking with their bludgeons on the stairs—as they came up they made a terrible noise, and Smith cried "Murder!"
EMMA SMITH . I was at the Three Elms on this Sunday night, and left with Wright—Gilbert and Albiston went into my room, No. 20, St. Ann-street—Wright and Gilbert, in about ten minutes or a quarter of an hour, west down stairs together, to go to Wright's room, and in a very few minutes Wright came back—Gilbert came up directly after her, and accused somebody of robbing him of his money—directly Gilbert came into the room, the two male prisoners came up following him—(I did not know them before—I did not call "Murder," or anything, till my door was burst open)—they burst the door open—Gilbert shut it again—they burst it open again, and then I saw Rose hit Gilbert, who had not struck him, or said anything to him, nor had the prisoners spoken—he hit him between the eyes first—then they had a poker and stick, but I do not know which had the poker.
Q. Confine yourself to the first time they came into the room; who struck then? A. Rose struck Gilbert—they went out of the room on the landing—they went out on the landing after that, and returned with two more and a poker, but I only saw the two prisoners—they came into the room, but there were several others outside—the stairs were full—one of them struck Gilbert with a poker—it was after the mischief that I cried "Murder," on seeing the blood; I opened the window, and called, "Murder"—Gilbert and Albiston escaped down stairs—I am sure the two prisoners came in and struck the blows without any provocation, there were no words at all.
Cross-examined. Q. Had Wright called "Police" before they came up? A. No, the young man had called "Police"—I had heard a disturbance in the court—there are three or four females live in the house—the noise in the court did not create an alarm in my mind—I heard Gilbert calling for a policeman—Rose was the first who struck, he was not knocked down at all—Little was knocked down afterwards—Rose Little, who lives two doors from the house, was before the Magistrate—I have been in Gilbert and Albiston's company before.
ROSE LITTLE (examined by MR. HARNOCK.) I live at No. 22, St. Ann-street, my husband is a labourer—the prisoner Little is my brother-in-law. On Sunday, the 5th of March, the two male prisoners spent the evening at our house, which is two doors from Emma Smith's—I had a party of friends—
I do not think the prisoners were acquainted with each other, but they are both known to us—there were five of us altogether—all males but me—the party broke up about a quarter-past twelve—the prisoners were then very tipsy—as they were leaving, the prisoner Wright came to the door, caught Rose round the waist, and said, "Oh, Bill Rose, do come up; here's two men going to ill-use me"—he said, "Yes, I will come"—he went, and I went to go to bed—I believe Rose and Little went away with her—up to that time they had been in my company the whole evening—I was shaking hands with them at the time she came—she appeared a little excited—Little is a wellconducted man, and is kind to my children—they both bear a good character—I did not see them take a poker from my house.
WILLIAM UPCHURCH (police-constable B 25.) I was at the station on the night in question—I heard a cry of "Murder" and "Police"—I and another constable went, and we met another constable—I went up stairs at No. 20, St. Ann-street, leaving the other two below—when I got half-way up stairs I met Gilbert coming down, bleeding, and some others after him—I hustled them all into the room, as they were coming down—Gilbert and Albiston pointed out Rose and Little, and gave them into custody, as the men who had assaulted them—Albiston was wounded on the back of his head, which was bleeding—I sent them to the station—returned, and searched for the man—I could not find a poker, but found this part of a chair, which looks like iron—it did not correspond with any chair in the room—I took Wright that night.
Cross-examined. Q. This is the back of a chair? A. It is part of one—I did not examine other rooms in the house—nothing was said about a watch—the prosecutor said at the station that he had been robbed of a sovereign and a shilling—a good many girls live at the place—the prisoners were drunk, but not very much so—they went without resistance—I searched, but found no sovereign on them.
LITTLE— GUILTY . Aged 22.
ROSE— GUILTY . Aged 27.
WRIGHT— GUILTY . Aged 19.
On the 2nd Count.
Confined Twelve Months.
MARY CLEMENTS . I live in Jolly's-court, Match-walk, High-street, Shadwell. The prisoner lives in the Match-walk, one door from me—on Monday, the 20th of March, I was passing her door—she called out that I was a robber and a thief—I put up my left hand, and said, if she did not let me alone, I would make her prove her words—she took up a hearth-brush, and gave me two blows across my arm, just above the wrist—I rubbed my arm—it is not well now, being broken—I said, "I do think you have broken my arm"—she said, "I wish I had broken the other"—she caught up a broken dish, and threw it at me—I put up my hand to save my face, and it caught my other arm—I went to Mr. Croucher, a chemist, in the Highway—he strapped up the arm, and I was taken in a cab to the hospital—I could not walk, as I had lost so much blood—it was a very large cut.
Prisoner. She came to my door, and called me infamous names, and tore my bonnet. Witness. Her daughter was in labour on Saturday night—I went to assist her, and the prisoner came up and called me a b----thief—her daughter persuaded me to go down stairs, and not say anything—I did, and as I went down she gave me a blow in the face—I went to turn round to defend myself, and tore a piece of her straw bonnet, and I never saw her after till this happened.
Prisoner. You broke my door in, and broke my clock? A. I did not break your daughter's window, or threaten to pull her out of bed—she was only confined that morning—I did not know my arm was broken till it fell at my side—there was a chair standing by the door—you were coming to hit me a third time, and I took it up and threw it in the middle of the room, but I was never inside your door at all.
MARY BLYTHE . I live with Mary Clements. I was out with her on the 20th of March—I saw the prisoner standing at her door—Clements said not a word, but the prisoner called her a robber and a thief—Clements put up her hand, and said she would make her prove her words—the prisoner took up a hand-brush and struck her across the arm—Clements went away, not knowing her arm was broken, and came past the prisoner's door again, as she came from the doctor's—she said, "You have done a job for me, you have broken my arm"—the prisoner took up a broken dish to heave at her—Clements put up her arm to defend her face, and the dish cut her arm.
ELIZABETH PARISH . I live in Mrs. Clements's house. I was with her and Mary Blythe on the 20th of March—as we were going past the prisoner's house into the Highway, the prisoner called Mrs. Clements a thief and a robber—she put up her left hand, and told her she would make her prove her words—the prisoner took up a hand-brush, struck her over the left arm, and broke it—Clements took up her right hand, rubbed it, went into her own house, and came out again to go down to the doctor's—in passing the prisoner's door again, she went and took a broken dish off the table, and hove it at Mrs. Clements—she put up her arm to prevent it cutting her face, and it cut her across the arm—the prisoner made use of very bad language when it first happened—she took up a fire-shovel, intending to strike Mrs. Clements the third time—she took up a chair, in her own defence, and hove it across the room, but did not strike the prisoner with it.
JOHN RAYNER . I am dresser at the London Hospital. Mrs. Clements came to the hospital on the 20th of March—the right arm had a lacerated wound, about an inch and a half in width, and an inch in depth—I think it likely to have been made by some sharp cutting instrument—I think a broken dish thrown would produce such a wound—the cut was obliquely across the arm—the contraction of the muscles caused it to be deeper—such a wound is sometimes dangerous, but I did not consider that so, on account of its not being jagged.
Prisoner. Q. Did I not call you to my assistance when she was ill-using me? A. No—there had been a little disturbance before, about half-past three o'clock in the afternoon—the prisoner was in her own room, and Clements at the door—I desired Clements to go away, which she did—she was not tipsy—they both wanted to charge each other, but there was nothing then to justify me in taking them.
Prisoner's Defence. I did not cut the woman, unless it was in my own defence; she destroyed my property; I could not put her out, and called the policeman; he would not take her; she threw me on the bed, and ill-used me; she is a prostitute, and so are the two witnesses, and I know she robbed a man of 7l. 15s.; she destroyed my bonnet, and I did not like it.
MARY DANIELS . I lodge with the prisoner. Clements came to the door, and asked the prisoner how she came to call her child a b----the prisoner said, what if she did?—Clements came in, flew at her, struck her on the bed, and threw a chair at her, and another into the cupboard, and broke the things—the prisoner took up the short broom, and hit her across the arm
—no dish was thrown in my presence—one was broken—I was there all the time.
GUILTY of an Assault only. —Aged 69.—Recommended to mercy.— Confined One Month.
1140. CHARLES HARPER, alias Green , was indicted for feloniously, and without lawful excuse, being at large within Her Majesty's dominions, before the expiration of the period for which he had been ordered to be transported.
MR. CURWOOD conducted the Prosecution.
THOMAS SEAL . I am now a stamper in the Stamp Office, Somerset-house. In 1834 I was a constable in the police—I know the prisoner—while I was a constable I apprehended him in Finsbury-square for highway robbery—I took him to the station in Bunhill-row—he was committed on a charge then made—I am sure he is the person.
Cross-examined by MR. CLARKSON. Q. When did you see him again, after, as you suppose, he was transported? A. Not till I saw him at Bow-street last Tuesday week, to the best of my recollection. I was sent for by Inspector Pearce, of the A division—I should think the prisoner is about forty years of age now—he has not the same outward appearance—he has a greater profusion of hair and beard than when I apprehended him—with that exception I should say he is the same, when I make allowance for the difference that nine years would make in the appearance of his face—I do not know who described him as being thirty—I see no alteration in him except his hair and the work of age—he is altered in that way—there was a peculiarity which I observed then, and which I observe now, he stammered very much—there is nothing peculiar about him except the stammering—I was in the police up to two years and a half back, and was about all parts of the town—if he had been about his business in London for six or seven years last past I might possibly have seen him, and not have known him.
MR. CURWOOD. Q. With the alteration that nine years would make, can you undertake to say he is the man? A. I can positively; I am certain of it. I was a young officer at that time, and this was the first case of the sort that I had; the prisoner struggled very violently, and gave me a violent fall at the time, and I was more likely to recollect his features after that circumstance—I was anxious to be as zealous as possible in my humble sphere in the service.
COURT. Q. Where did you see the prisoner when sent for by Pearce? A. At Bow-street police court last Tuesday week—he was talking to another person at the door of the cell—he was inside the cell, apparently a prisoner.
MR. CLARKSON. Q. Did you see a Mrs. Cartwright before the magistrate? A. I do not know her by name. I have not made a mistake similar to this in my life, not taken one person in custody for another—I have never mistaken one person for another, and been prepared to swear to them—I never said that, if I was not positive—I saw that lady (looking at Mrs. Cartwright) at the police office—I have been told that she is the wife of a clerk in the Post Office, a respectable man—it was told me that she was the person who, about nine years ago, was charged as an accomplice of the prisoner, and was at that time living with him in St. Martin's-lane—that lady was pointed out to me as a party who had offered 500l. to get this man off—I looked at her and said I believed it was the woman that was in custody with this man at the time of his apprehension nine years ago—I thought so; I did not say positively—I said I thought she was living with him in St. Martin's-lane—I expressed a doubt about it to Mr. Pearce, and to Peek also; that is, I said I thought
so, I did not positively assert it—I said, "I believe"—I think that was the word I made use of—I will swear that was the word, to the best of my belief—I remember Peek bringing me forward, and asking me if I knew that woman (Mrs. Cartwright)—I swear that I did not say I did—I was brought into the presence of the female, and I put several questions to her—Peek asked me, "Do you know this woman?"—I said I thought I did—I saw two females—I do not recollect saying, "But there is two of them"—Mrs. Cartwright did not come up to me at all—I do not remember her saying in my presence, "What, me?"—I do not think she did—I will not swear she did not—I did not in answer to that, say, "Yes, I will swear it"—Mrs. Cartwright's friends interfered by saying I had sworn she was the person—I asked Mrs. Cartwright if she lived in St. Martin's-lane, and I think she said, "No"—she asked me if I had ever had her in custody—I said, "My impression is that I have"—that is all that occurred, as far as I recollect—I have seen persons similar to each other, not exactly alike—I consider that person now standing below the prisoner, like him in some respects, not exactly.
MR. CURWOOD. Q. Was there a female taken into custody with the prisoner nine years ago? A. Yes; I have heard Mrs. Cartwright is married to a clerk in the Post Office, but she does not live with her husband—I said I believed her to be the person who was in custody with the prisoner nine years ago—If I met the prisoner and the gentleman who has been pointed out to me separately, I should know them to be different persons decidedly—there in a slight similarity—I stated that I believed Mrs. Cartwright to be the person.
COURT. Q. What other means had you of seeing or knowing the prisoner, except the mere fact of apprehending him? A. I took him to the station in the first instance; he underwent two or three, perhaps four examinations at the Police-court, Worship-street, and there I had an opportunity of observing him attentively—I was there every day—I was present at the Court when he was tried and convicted—I did not see him after that.
BENJAMIN COLLINS . I am groom to Mr. Mason, publisher, No. 14, City-road. In the year 1836, I was in the police-force—I believe it is about nine years ago—I left between seven and eight years ago—I remember Seal then being an officer of the police—I recollect hearing a cry of "Stop thief" one night in Chiswell-street, Finsbury—I came up on that cry, and found Seal in contest with a man—I saw the prisoner first alone, and then I came in contact with him and Seal together—as far as I can recollect we all met together—he was following him, and I turned back on him, so that we all seemed to come on him together—I did not see Seal grapple with him—we both took charge of him together, went to the station with him, and the charge was booked—I never saw the prisoner from that time till very lately at Bow-street—there is a great deal of difference in the man now—I can say that he resembles the man—I can say I believe him to be the man—I cannot go further—I would not undertake to swear positively to him.
WILLIAM MAYNARD . I am traveller to Pritchard and Co., tobacco manufacturers, in London-wall. About nine years ago, one winter's evening, I heard a cry of "Stop thief" in Windmill-street, Finsbury-square—I came up on that cry, and followed a man from Windmill-street to Chiswell-street—he was running—the police-officers took him into custody—he fell down at Lazarus's, the linen-draper's shop—I came in contact with him, and fell also—the fall was the cause of his being taken—two policemen, Seal and Collins, closed on the prisoner as well as myself, and took him—I afterwards attended at the Police-court—I made sufficient observation of the person to think I should know him again—I am sure the prisoner is the man.
Cross-examined by MR. BALLANTINE. Q. After the prisoner was taken up
on this charge when did you see him first? A. At Bow-street—I was summoned there—I do not know who brought the summons—it was left while I was out—I saw the other witnesses there in the office—I did not see Seal or Peek before I saw the prisoner—I was not in the office at the time they were there—I was summoned to identify a "person whose name was not mentioned in the summons—I do not believe I was told the name of the person—I swear I had no conversation with Seal—Peek called at my house before I went to Bow-street—I do not know whether he left the summons or not—I got it the same evening—I cannot recollect the day—it was on the day it was dated, which is the 18th of March—I saw Peek when he called at my house to know if I had received the summons—he did not fill up the name of the party then—he told me who I was going to meet—I was always as positive of the prisoner as I am now—I never doubted on the subject—he is not the same as he was nine years ago—he is stouter, and has more hair—the hair under the chin he had not before—I believe he wore trifling whiskers before—I cannot swear that the man who was taken into custody nine years ago, and transported, had no whiskers—it is so long ago I cannot charge my memory—I have not heard of any reward in the event of convicting a person returning from transportation—the officers have not said a word to me about it—the man I took into custody nine years ago had dark hair—I noticed his dress—I believe he had a black dress-coat—I cannot say what coloured trowsers—he had a hat on when taken—I was in Court at his trial—I did not hear sentence passed—I think I could venture to say that the person taken up on that occasion wore a dark coat, but I will not do so, it is such a while ago.
MR. CURWOOD. Q. Then you do not venture to say what coat, or coloured clothes the man wore nine years ago? A. No—there is enough left besides his hair and beard for me to say he is the man, by his particular features—I swear by his features—he is stouter, still I know him to be the same man.
MATTHEW PEEK . I am a police-constable, and am specially employed in the Post-office—about eight or nine years ago I was at the police station in Bunhill-row, when Seal, Collins, and Maynard brought a man in custody—I recollect that man—he was charged with felony—I saw him fumbling something about in his left hand, and took a diamond pin out of it—I noticed his person particularly—I am quite satisfied the prisoner is the party from my observation of him then, and looking at him now, and seeing him so often since.
Cross-examined by MR. CLARKSON. Q. What do you mean by that? A. He might have passed me and repassed me, and I should not have known him, but if he had been pointed out to me, it would have drawn my attention to him directly—I do not think I have seen Maynard above twice since the circumstance took place, till I summoned him to Bow-street—I then knew him to be the same party that came to the station with him—I did not see him when I took the summons—I left it at his house—I called again to see him, and saw him—I did not serve the summons on him in blank—I think the name was signed, and that the name of Henry Green was put in as the name of the person he was to identify—I left it with a young woman in the first instance—(looking at the summons)—I do not know whose writing the filling up of this summons is, but I think it is one of the clerks at Bow-street—it is not mine—I do not think I told Maynard the name of the person he was to identify, when I called the second time—I merely told him he was to appear at Bow-street respecting the case he gave evidence in some years ago—I will not say whe-
ther I mentioned the name or not—I do not recollect—I reminded him of the case—I merely drew his attention that he was to attend respecting that case—It has been buzzed about that there is a reward of 20l. for the conviction of a returned transport—it is a general thing, that is to say I have always heard of it, before this prisoner was apprehended—it is generally stated when a prisoner returns from transportation, that 20l. is given—it has been talked about by brother officers—my brother officers and Maynard did not talk about this reward—I never said anything about it to Maynard—persons have come to me, and said, "So, Peek, I understand you are giving evidence against so and so returning from transportation; do you know there is 20l. for it?"—I said, "I don't know," several have said that as I had been doing duty in the hall of the Post-office, it might or might not have formed the subject of conversation in the presence of Seal and Maynard"—I cannot swear—I saw a female in the adjoining room at the office—I have seen her here to-day—I do not know that she turns out to be the wife of a clerk in the Post-office—I have certainly made a mistake in the identity of a person—I cannot tell you how many times—sometimes in the dark—sometimes in the light—sometimes I have touched a person on the back, and have said, "How do you do?" and have found out it was not the same person when he turned round—I will swear I have never spoken to the identity of a person, and it turned out to be mistaken—I have never offered to give evidence of the identity of a person in which I found myself mistaken—I will swear I did not say that that lady was the same person who, about nine years ago was charged as an accomplice of the prisoner's, nor that at that time she was living with him in St. Martin's-lane—I said I believed she was—Seal told me that he thought she was, and I named that to Mr. Pearce—Seal began the conversation with me—I do not know who began it—I said, "There is two women there"—he said, "I think that is one of the women apprehended at the time Harper was," and I communicated that to Mr. Pearce—I do not recollect Seal saying he thought she was an accomplice of the prisoner's—I will not swear it did not pass—I do not recollect his saying that she was at the time living in St. Martin's-lane—I will not swear whether it took place or not—Seal came into the room, I think, by desire of Mr. Pearce—the question whether Seal knew Mrs. Cartwright, was put by Pearce, not by me—I think Pearce asked Seal whether he was certain she was the woman—the prisoner's friends all turned round on me, and said, "Oh, you will swear anything"—I cannot say that I did not ask Seal if he knew that woman, but I will not say that I did—I will not say one way or the other (the prisoner's friends all flew on me as soon as I named it to Mr. Pearce—if you are in a room with five or six persons talking, you cannot recollect every word that is said)—I do not think Seal said on that occasion, yes, he believed he did—I will not swear he did not—I have no recollection that he said, "But there is two of them"—I will not swear that did not pass, as I said before, there was such confusion—Mrs. Cartwright stood up, and I think she said, "What, me?" but I will not be certain—I do not recollect Seal saying, "Yes, I will swear it"—I will not swear he did not, or that he did—there was a man named Thornton in the office, not in the room—I do not recollect his saying, "Here he is, Mat, I have got him"—I will not swear that he did or did not—I do not recollect such a word—there was a great mob there when he was apprehended.
MR. CURWOOD. Q. Can you undertake to say every thing that passed, and the order in which it passed? A. No—I did not hear Thornton say, "Here he is, Mat., I have got him"—I have no recollection of it; if he did
say so, it has escaped my memory—Seal said he only thought that was the woman—it was then construed by the prisoner's friends that he actually did say so, they turned round, and said I had sworn falsely, and would swear anything—I have seen the parties here to-day.
STEPHEN THORNTON (police-constable A 26.) I produce a certificate of the conviction of Harper—I did not see him tried—I do not know the prisoner—I apprehended him on the 17th of March last in Gravel-lane, Houndsditch—a boy was with him—not having the party to identify him, I took him to Fresh wharf, London-bridge, to the luggage warehouse, and called to the porter—I said nothing to the prisoner—he resisted me at the time—I called to a man with me to take care of the brandy—I said nothing when I stopped him, but that I was an officer, and he must go with me—I did not tell him he was apprehended on this charge—I do not know the signature to this certificate—I got it at Mr. Clark's office—I did not see him sign it.
Cross-examined by MR. BALLANTINE. Q. When you took him into custody, was the expression he used, "What, you are not going to hurt me for this drop of brandy?" A. That was after we had got to the luggage warehouse—I had seen him hand some bottles to a boy from the Emerald, a Boulogne steamer—the Custom-house officers declined interfering with the brandy affair, and I then turned round to the prisoner, and asked him his name—he told me—when we got to the station he was asked whether he was a returned transport—he denied it, and said he was not the man.
MR. ROBERT MARSHALL STRAIGHT . I know this to be the signature of Mr. Clark, and that at the time this conviction purports to have taken place, he was clerk of the Session of Gaol Delivery—I believe Mr. Clark has now the custody of the records as officer of the Court.
(The certificate was here read, by which it appeared that Charles Harper had been convicted of highway robbery, and ordered to be transported for life.)
Witnesses for the Defence.
MARY CARTWRIGRT . My husband is a clerk in the General Post-office—I have been married between four and five years—I went with my sister to Bow-street Police-court, and saw the prisoner there—I had seen him before that in Jermyn-street, at my brother's house, between one and two years ago, but I cannot well say—I do not remember ever having seen the prisoner before that in my life, if I did it was a very very great many years ago, as much as twenty years ago—I believe I did see him twenty years ago—I was with my brother then—he was never acquainted with my family, only with my brother—I was not living with the prisoner in 1834, or in any other year during the whole of my life—I never did—I never lived in St. Martin's-lane—I was never charged with committing any felony with him, or being an accomplice—I was never in custody, or charged with an offence of any kind—I saw Peek and Seal at Bow-street—Peek came forward, and pointed to me as I was in the room, and said, "That person was taken into custody at the same time"—I said, "Me?"—Peek said he would fetch another man to prove what he said—he went out, and fetched that man (Seal)—Peek asked him if he knew either of those ladies, pointing to my sister and me—Seal said yes, he did not know my sister, but he knew me—I asked him where he knew me—he said in St. Martin's-lane—I asked him what number—he said No. 53.
MR. CURWOOD. Q. You say it was about twenty years ago since you first knew the prisoner? A. Yes, about that—he had not been an old family acquaintance, only of my brother—he was never in my mother's house—I was not in the habit of seeing him frequently, and do not know
how he has been employed—I did not know him eight or nine years ago—I had not seen him for a great many years—so long, that in fact I scarcely remembered him when I saw him—I did not remember him till my brother told me who he was—I went to the Police-office to take care of my sister—the prisoner was lodging at her house—she was summoned to attend on the business of the prisoner—I remember the conversation very accurately—I am quite sure Peek said I was the woman, not that he thought I was, and to confirm what he had said, he went and fetched the other man, and he pointed me out—I had been married about five years—I cannot tell how long the prisoner has lived at my sister's house, but I do not think more than a week or ten days—that was the only time he lived at her house—I cannot tell any thing of the prisoner's habits or life—I was living with my mother at Francis-place, Westminster, nine years ago.
ALEXANDER ROBERTSON . I am a dairyman and lodging-house-keeper, and am the brother of the last witness. I live in Jermyn-street—I knew the prisoner about twenty-three years ago in the first instance. I have known him within the last five or six years—he came from America about five years ago—I know he has been trading from London to America during those five or six years—I have been on board the packets he has come from—I have seen his luggage—there were intervals of a year and a half, or two years between each time of my seeing him, as near as I can remember—he has been in the habit of remaining about three months at a time—I have been into the docks with him several times, on board the ship he came from—the last lodging he had was at my sister's, in Maddox-street, Hanover-square—her name is Phillips—that is the same lady that was at the Police-court—he never lodged with her when in London on former occasions—I do not know where he lodged before—I think he lodged there two months before Christmas—I did not go with him to Boulogne—he said he went, and he was away a time—I think he returned from Boulogne a month or six weeks ago, and has been in London since—he has gone about the streets as usual, with other people—I cannot say as to his going to places of amusement—I have not been with him.
MR. CURWOOD. Q. What age was he twenty-three years ago? A. I think about seventeen—we were both servants together in a registry office—I afterwards went to Brighton—he called on me once or twice—Mrs. Cartwright was then living with me—our intimacy has not continued to the present time—till the last five or six years I knew nothing about him—six years ago I found him again, going backwards and forwards between this country and America—that was all I knew of him—I cannot tell what he was nine years ago—I did not know him.
NOT GUILTY .
First Jury.—Before Mr. Recorder.
1141. ANN DICKS , was indicted for stealing, on the 12th of Jan., 1 pair of boots, value 5s. 6d.; and 1 pair of shoes, value 4s. 6d.; also, on the 16th of March, 2 pairs of shoes, value 8s., the goods of Thomas Moore, her master; to both which she pleaded
GUILTY . Aged 62.— Confined One Month.
1142. WILLIAM ALEXANDER GRINT , was indicted for stealing, on the 6th of March, at St. John, at Hackney, 1 case of surgical instruments, value 4l.; 1 pair of boots, 1l.; 2 handkerchiefs, 6s., and one pipe, 10s., the goods of Charles Watson: and 1 teapot, 12l.; 7 spoons, 3l., and one buckle, 1l.; the goods of Dame Ann Playters, in her dwelling-house.
GUILTY . Aged 19.— Confined Three Years.
1143. JOB EDWARDS , and WILLIAM RENTON , were indicted for burglariously breaking and entering the dwelling-house of William Howard, on the 7th of March, and stealing therein 20 pencils, value 2s. 6d., his property, to which
EDWARDS, pleaded GUILTY .
RENTON, pleaded .
GUILTY Confined Three Months.
1144. JAMES WELLS , was indicted for stealing, on the 22nd of October, 5 pairs of boots, value 4l. 7s. 3d.; and 2 pairs of shoes, 10s. 6d.; also on the 16th of March, 2 pairs of boots, value 8s. 6d., the goods of Camp Penn; to both which he pleaded
GUILTY .— Confined Three Months.
1145. MICHAEL MADDEN , was indicted for stealing, on the 3rd of March, 60lbs. weight of lead, value 12s., the goods of John Dyer, and fixed to a certain dwelling house. 2nd COUNT, not stating it to be fixed.
JOHN HINE (police-constable F 118.) On the 3rd of Mar., about seven o'clock in the evening, I was in Drury-lane, and saw the prisoner go into a gin-shop with a basket, which appeared very heavy—I went into the house, and asked him what he had done with the basket—he said he had no basket—my brother constable brought a basket from the tap-room, which was a few yards off—it appeared to be the one he was carrying—it contained a quantity of lead, a hammer and saw—I asked how he came by it—he said he had no basket—I took him to the station—the inspector there asked him how he came by it—he said his employer sent him to sell it, and his name was Hurst.
Cross-examined by MR. FRAZER. Q. Did you go in by yourself? A. I went in at one door, and my brother-constable at the other—I called my brother constable, who I saw on the other side, and we both went in together at different doors—there was a man named Roach taken to the station, who, I believe, had been in the prisoner's company—he was discharged—I have not seen him since.
COURT. Q. He had no basket, had he? A. No.
JAMES BROWN . I am a policeman. I went into the public-house with Hine, and saw the prisoner carry the basket into the tap-room—he came out of the room, leaving it there—Hine asked what he had done with it—he said, he had no basket—I went into the tap-room, and brought it out, with 65lbs. of lead—I went next day to Angel-court, Strand, and found a quantity of lead taken off the roof—I compared that in the basket, and it corresponded with what was left—it was only part of what was missing—Roach was discharged by the magistrate.
JOHN DYER . I live in the Strand, and have premises in Angel-court—the prisoner was employed by Roach, my bricklayer, as a labourer in the cellar on some premises four doors from this house—he could pass along the roofs of the houses—I saw the lead compared—there is not a doubt of it having come from the roof.
Cross-examined. Q. I believe Roach was a master man? A. Yes, he had access to the factory from which the lead was taken—I understand Roach is gone to Gravesend.
COURT. Q. Was Roach employed to do anything on the roof of the house? A. No, he had the keys of the factory—the prisoner could not have got to the roof without his assistance, unless he passed through a trap-door where the
other workmen would have seen him—he could not get a quantity of lead off, and bring it through the trap-door without being detected.
JOSEPH HURST . I am a carpenter, and live at No. 3, Angel-court. On the 3rd of March, I was employed at No. 2, Surrey-street, four houses from Angel-court—the prisoner was employed under Roach—I never authorized the prisoner to sell the lead or any part of it, and did not know he had got it—the first knowledge I had of it was from the policeman.
Cross-examined. Q. Did you know he was employed by Roach? A. Yes, to clean a cesspool—he was at work till seven o'clock in the evening, in the cesspool, and would have left marks every step he took.
JOHN DYER re-examined. I know nothing of Roach's character—he was recommended to me by a former carpenter of mine—the prisoner worked under him—I am quite sure the prisoner could not take the lead by himself—two men could have conveyed it away, but it could not be brought over a dangerous roof by one man—the lead is in five pieces.
NOT GUILTY .
ROBERT JONES . I live in College-terrace, Camden-town. On the 13th of March, about five o'clock in the afternoon, I was passing along West-street, Smithfield—the prisoner came from a door there with another person—I was sober—they called me a b----r, used obscene language, and the prisoner seized me suddenly behind by my coat, dragged me inside the door of the house, with my back to the door—I was dragged in backwards—I am lame—I staggered against a wall, and the prisoner put her hand across into my pocket, and took out four shillings, and two sixpences—I struggled to get away, and my coat came off my arm—it was hanging by my left arm, and my waistcoat was torn open—I got out, and met two policemen—they asked if I had lost anything—I searched, and found I had lost my money—I had stumbled in the new street, leading from Farringdon-street, a few minutes before, and it was safe then—the policemen went with me to the house, and we found the prisoner there—she denied being the person—I ought to say two men at the end of the passage seemed to be urging the two girls—they seemed to be under the direction of an aged woman, and the two men—when we went there nobody could be found but the prisoner and another.
Prisoner. Another female came into the house, and said, "I was not the person, I was washing at the time"—the gentleman then said, "I believe it was her," meaning that woman. Witness. Nobody came in as she says—nobody said so—I said the prisoner was the person—the other person in the house escaped under pretence of fetching her clothes down—they were both the persons who had robbed me—I am certain of the prisoner.
JAMES THOMAS (police-constable G 139.) I met the prosecutor between five and six o'clock, at the corner of West-street, and went with him to a brothel of the lowest description, two doors down the street—the upper part of his clothes were in a very disordered state—his coat pulled back a good deal, and his waistcoat drawn up—we went into the house, and found the prisoner in the passage—he accused her of robbing him of 5s.—she denied it, and said he had got hold of the wrong person, he was a liar—I took her into custody—the prosecutor was quite sober—the other woman said, I should not take the prisoner without her bonnet, and she went away under pretence of fetching it, and I saw no more of her—she did not say the prisoner was not concerned.
MARY ANN REDMAN . I am the wife of a policeman, G 224. I searched the prisoner at the station, and found three-halfpence, a sixpence, a purse, and two duplicates—I told her to take her shoes and stockings off—she said she had a shilling in her stockings—she said she got drunk overnight, and hid it there from the other girl—I found the shilling there.
Prisoner. The policeman passed me and said, "Where is the female with the black frock on?"—I said there was nobody there with a black frock. Witness. No, I did not—another policeman went with me—I was the most forward, but we were close together—I heard nobody ask for a female with a black frock.
Prisoner. The other policeman then said, "I believe this is her." Witness. I heard nothing of the sort—it could not occur without my knowledge.
ROBERT JONES re-examined. Nobody in my presence asked for a female with a black frock—I am living on my own property—I was in the law about three years ago—it is not very material how I acquired my income—I was in the Queen's Bench prison some time ago, and was in prison for a riot there for six months, and a most iniquitous sentence it was—the solicitor sued me for what I never owed, and I pumped on the man who served the writ on me—I paid the debt I was there for—the officer addressed me first in the street—I think I should have complained to him if he had not—I was coming from London-bridge, and going to Camden-town—I had been to the Queen's Bench to call on some people—I made a violent struggle to get from the house, and the door was wide open—I mentioned about the two men at the office.
Prisoner. I was washing my dress, and heard somebody come up to the door—it was two policemen, and the gentleman—I ran into the passage and saw them—I stood and saw the gentleman turn his pocket out—the gentleman passed me—the policeman asked for the girl in a black frock—the other policeman said, "This is her"—the gentleman turned round and said, "I believe this is her"—I was washing my dress at the time it happened.
JOHN THOMAS . I heard nothing of the kind—the prisoner was in a dark frock—before we went into the house the prosecutor had said the woman who robbed him was dressed in black—the prisoner was in a sort of half-mourning—there was a washing tub in the room.
The Prisoner called
BRIDGET RAYNER . I live at No. 2, West-street—the prisoner lived there, and was washing that night—I was sitting by the fire, mending my cap—I had no shoes on, when the gentleman and policeman came in—I was not there when the prosecutor came there before—I was not out all day, but was inside the room—two policemen came in, and asked was I the woman—I said, "No"—he caught hold of the prisoner, and asked the gentleman if that was the person—he directly said it was—another tall young woman, who the gentleman said was the other, went for a bonnet, and went out—one of the officers spoke to me—I believe it was the one not here.
ROBERT JONES (re-examined.) I never saw this woman till to-night—there were only two women there—there was a mark of soap or water on the prisoner's hands—she took a wet handkerchief off the line to put on her neck.
NOT GUILTY .
OLD COURT.—Friday, April 7th, 1843.
1147. MARY MARGARET FLYNN , was indicted for stealing, on the 28th of Jan., at St. Dunstan, Stebonheath, alias Stepney, 13 spoons, value 2l. 18s.; 2 brooches, 30s.; 2 rings, 10s.; 1 eye-glass, 3s.; 2 neck-chains, 1s.; 2 pairs of ear-rings, 19s.; 1 ladle, 15s.; 1 watch, 10s.; 2 medals, 2s.;" 1 breast-pin, 3s.; 1 bag, 1d.; 1 purse, 6d.; 40 sovereigns, 20 half-sovereigns, 3 crowns, 16 half-crowns, 20 shillings, 10 sixpences, 6 10l. notes, and 19 5l. Bank-notes; the property of Elizabeth Ackroyd, her mistress, in her dwelling-house; to which she pleaded
GUILTY . Aged 28.— Transported for Ten Years.
WILLIAM SMITH. My son keeps the Sportsman public-house, in Margaret-street, Hackney-fields. On Monday, the 20th of March, he was from home, and I was minding the house for him—about six o'clock in the evening I observed in the till a crown piece, three sixpences, and a fourpenny piece—I left the bar for about ten minutes, leaving my wife there—when I came back I directly went to the till, and missed the crown piece and three shillings—it was my son's money—this is the crown now produced—I can swear to it by a mark across the back of the head—I had taken it about an hour before, and took particular notice of it.
MARTHA SMITH. I am the wife of the last witness—I was with him, minding my son's house—about six o'clock that evening my husband went away from the bar for a short time—while he was away the prisoner came in, and asked if my son was at home—I said, "No"—he said he wanted to borrow 8d.—I had a slight knowledge of him—I told him I could not lend it him, but my husband was in the yard—he went into the yard, returned, and said Mr. Smith was not there—I went into the kitchen, leaving him in front of the bar—he said he could not wait any longer, and went out—my husband afterwards came in, and missed the money—I had not been to the till—no one had come in or gone out but the prisoner, while my husband was absent.
WILLIAM SMITH, JUN. I keep the public-house. On Monday, the 20th of March, I went out, leaving my father and mother in care of the house—I know the prisoner—after being informed what had happened, I went after him with a policeman, and gave him into custody—my till is just under the counter—it could easily be got at from the front of the bar, by reaching over the counter.
THOMAS FLETCHER ATKINS . I keep the Royal Oak public-house, Hackney-fields. On the evening of the 20th of March, about six o'clock, I saw the prisoner in my tap-room—he had rum to the amount of 6d.—he gave a crown piece in payment—I gave him change, and put the crown along with my other silver—I did not at that time know whether I had any other crown, but when the policeman came to inquire next morning I only found this one—before I gave it him he said the one he wanted had a particular mark, which this has.
Prisoner's Defence. I was at the Royal Oak, playing at skittles, and won 6d. of a man; he gave me this crown, and I gave it to the landlord to change.
GUILTY . Aged 30.—Recommended to mercy.— Confined Four Months.
1149. JOHN ARCHDEACON , was indicted for breaking and entering the warehouse of John Lettsom Elliott and others, on the 8th of March, and stealing therein 24 gallons of beer, value 20s.; and 24 gallons of porter, 20s.; their property; to which he pleaded
GUILTY . Aged 28.— Confined Six Months.
(The prisoner received a good character.)
DANIEL JOHN TURNER . I am apprentice to John Ayres, a linen-draper, in Whitechapel-road. On the 16th of March, between seven and eight o'clock in the morning, as I was taking down the shutters, and carrying them through to the back part of the shop, I heard a cry of "Stop thief"—I immediately went to the door, and, about fifty yards off, saw a man chasing a lad—at that moment four pieces of print were thrown into my arms, by a young man residing next door—I took, them back to the shop, and found they were part of a pile which stood about three yards inside the door—I had seen them there about two minutes before—these now produced are them, and are the property of Mr. Ayres.
Cross-examined by MR. PAYNE. Q. What do you know them by? A. The private mark on them.
THOMAS MARTIN PYKE . I am a colonial agent, and live in Storey-street, behind the London Hospital. On the 16th of March, at half-past seven o'clock, I was in Whitechapel-road, and when within two doors of Mr. Ayres's, I saw the lad taking down the shutters, and the prisoner just before me—the moment the boy's back was turned, the prisoner whipped in—he was not in a moment—he brought out these prints—I was going to lay hold of him, and he dropped them at my feet, and ran—I pursued, calling "Stop thief"—a gentleman caught him, and gave him up to me—I took him back to the shop, and he asked Mr. Ayres to forgive him.
Cross-examined. Q. Are you sure he is the person? A. Decidedly so—I had seen him several times before.
Cross-examined. Q. That was all in a breath, was it not? A. Yes, he recalled it as soon as he had said so.
GUILTY . Aged 17.— Confined Four Months
Before Mr. Justice Cresswell.
1151. JANE WATFORD , and JOSEPH ROURKE , were indicted for stealing, on the 12th of March, at St. Luke, 7 spoons, value 1l. 10s., the goods of Edward Green: 1 bag, 5s., the goods of Edward Baker Green: 1 memorandum-book, 5s.; 6 pieces of paper, 6d.; 3 half-crowns, 12 shillings, 7 sixpences, 1 groat, 4 pence, 1 order for the payment of 14l. 10s., 1 order for the payment of 6l. 10s. 6d., and 7 bills of exchange for the payment of 560l. 8s. 4d.; the property of Joshua Barrett and another, in their dwelling-house.
MR. BALLANTINE conducted the Prosecution.
merchants, Regent's Canal wharf, City-road, in the parish of St. Luke, Middlesex. On Saturday, the 11th of March, I left my counting-house about six o'clock in the evening, leaving my cash-box in one of the drawers of an iron chest in the counting-house—there were several bills which were over due, and seven that were not due, two cheques, and 12s. 4d. in silver—the iron chest was not locked when I left, but the two drawers in it were locked—I saw it again next day, and both drawers had then been forced—the cash-box, documents, and money, were all gone.
Cross-examined by MR. CLARKSON. Q. Does the counting-house form part of the dwelling-house? A. It joins it—there is a door communicating with the dwelling-house, and you can go from one to the other without going into the air—the house is the house of the firm; but my partner, Mr. Green, occupies it with his family, it is his dwelling-house, though taken by the firm—none of my family live there or any servant of the establishment—the rent of the whole premises is paid by the firm—Mr. Green lives in the dwelling-house rent free, in consequence of the trouble he takes on the spot—the dwelling-house is used exclusively by Mr. Green.
MR. BALLANTINE. Q. You are usually there in the day time? A. Yes—I have ingress and egress to the dwelling-house if I think proper—the door is generally open during the day.
EDWARD BAKER GREEN . I am son of Mr. Green, Mr. Barrett's partner—I live in the dwelling-house, which is attached to the counting-house—my father is at present absent—the prisoner was in my service—on Saturday, the 11th of March, I was in the counting-house at six o'clock in the evening—at that time I locked the iron safe, which is fixed into the wall—I placed the key on the mantel-piece in the parlour, which is where I usually kept it—on Sunday, the 12th of March, I left the premises about half-past ten o'clock to go to church—before I left I gave directions to Watford for my dinner—I did not state at what hour I should be back—no other person was in the house when I left it, to my knowledge—I returned about one o'clock or a little after, knocked at the door, but could not get in—I got in by the backway, and found that Watford was gone—after going through the house. I went to the counting-house, and saw that three desks had been broken open, which were locked at the time I left the counting-house the preceding evening—there had been 11s. 8d. in one of those desks, which was mine, and that money was gone—I found the safe locked—I went into the parlour for the key, and it was gone—in the coal-cellar I found this cash-box, which had been in the safe—I also found there several papers in a table-cloth, which I believe was the kitchen table-cloth—the cash-box was broken at one end and empty—I also found these two screw-drivers, hammer, and a pair of pincers—the pincers are my own—I had bought them the preceding evening, and had placed them on the parlour-table—I gave information to Taylor, the wharf constable, and he and sergeant Brannan came to the house—I then searched the house, and missed three silver table-spoons and three silver tea-spoons—I had used two of the spoons for breakfast—I missed a carpet bag which I had not seen for three or four weeks before—Mr. Barrett came to the counting-house about five o'clock that afternoon—he opened the safe with a duplicate key, and I saw that the drawers had been broken open—on the ground near the safe I saw Mr. Barrett find the tool part of this screw-driver.
Cross-examined. Q. How long had you been living in this house separate from your father? A. Ten days, I believe—I conceive he is permanently away now—he pays me visits at times—I am not married—my father has lived in the house since this transaction—I believe he was living in it when Watford was hired, but I was not present—she was my servant—I was to
pay her wages with my own money—that arrangement was made when my father left—my father had permanently left before this—I was sole occupant of the house, except at uncertain periods when he chose to come—I pay no rent—I did not hire the girl—my father is unwell—I do not know that Watford was permitted by my father to receive Rourke's visits—I have not asked my father that question.
COURT. Q. With whom did you arrange that you were to occupy the house? A. With my father—Mr. Barrett did not interfere about it to my knowledge—I was in the employ of the firm as clerk.
CAROLINE AYRES . I am the wife of Richard Ayres, and live in City-garden-row, City-road. I am a charwoman, and have been employed at Mr. Green's house—I knew Watford as the servant, and Rourke by seeing him several times visiting Jane—he used to come in the evening—the last time I saw him was this day six weeks—I do not know the day of the month—it was towards the latter end of Feb.—I think it must have been the 24th—it was the last Friday in Feb.—he came as a suitor or sweetheart to Watford.
Cross-examined. Q. Do not you know he was permitted to come by old Mr. Green? A. No, I do not—I have seen him altogether four times—I cannot tell when the first time was—it was one Monday, when Watford had a holiday—I always took care of the house when she had a holiday, since Mr. Green has been out of town—I saw Rourke waiting for her, and they went out together, between nine and ten o'clock in the morning—young Mr. Green was not in town then—Mr. Barrett was in the counting-house—the house was left in Watford's care—I should say that is three months ago—the last time I saw him was six weeks last Monday—I think it was the Monday before the robbery—I saw him between seven and eight o'clock in the evening then—I cannot say where young Mr. Green was then—I never told him or Mr. Barrett of Rourke being there—Watford told me that she had asked leave, and she had been permitted—she told me that on the Monday.
JAMES BRANNAN (police-sergeant G 20.) On Sunday, the 12th of March, in consequence of information I went with Taylor to Mr. Green's house—I examined the counting-house, and found three desks forced open, also the the drawers and the iron safe—I took possession of the tools produced, and Taylor took possession of this cash-box in my presence—I searched the house, and in a top room I found a razor and a card which I produce, and a bundle containing female wearing apparel—on the 17th of March I took Rourke into custody, at a house in Clark's-buildings, St. Giles's—I said, "Well, Mr. Rourke"—he replied, "Well, sir"—I asked him to come down stairs—he did so—I then told him I belonged to the police, that he must consider himself in my custody, for being concerned, with Jane Watford, the servant of Messrs. Green and Barrett, City-road-wharf, in forcing open the desks in their counting-house, and stealing a quantity of bills of exchange, cheques, money, and silver-spoons—he replied, "Sure, I was not there at all, sir; I do not know the people"—I said, "I have also had information that you showed some bills and cheques to Mr. Mullins, the landlord of the Running Horse, Duke-street, Grosvenor-square"—he said, "I never showed him any bills or papers, and he cannot say so"—I then took him to the station in St. Giles's—I went away, and returned in about an hour and a half, and put the prisoner in the cab—he said, "Have you seen Mr. Mullins?"—I said I had—he said, "I thought I should not have much luck at having anything to do with that girl; when we found the bills were of no use we were going to send them back, but she said we should wait to see an account
about it in the Times paper"—I then took him to the station, in Featherstone-street, St. Luke's—on Monday, the 20th, Watford was brought to the station by Cole, the constable—I observed her move her hands underneath her cloak, and said, "What have you got there?"—I took from her hand this caddy-spoon, bent double as it is now—I again said, "What have you got here?"—she said, "My master's caddy-spoon"—she then gave her address, Hennidge-court, Oxford-street—I put her into a cab with Cole, and then she said, "I live at No. 2, Mitford-place, Tottenham-court-road"—we went there, and in the one-pair back-room, which she said was hers, I saw Cole find, underneath an oil-cloth in a hole in the floor, the bills and cheques, and the book which I produce—Cole kept them—I know them to be the same—I have put my initials on the back of some of them—the silver-spoons and carpet-bag I found at the pawnbroker's.
Cross-examined. Q. Did you know Rourke before? A. I cannot say I did—I had received a description of him, and took him entirely from that—I have since ascertained that he came from the same part of the country as myself—he is a tailor by trade, and is single.
JAMES TAYLOR . I am a constable of the Regent's Canal Company. I was with Brannan on the 12th of March, when Mr. Green's premises were examined—I received this cash box there, and have kept it ever since—I went to the premises next day, and found this shirt in the kitchen, and this night cap and pair of socks in Watford's bed-room, the front room second floor—I was present when Rourke was taken—I asked if he knew anything about Mr. Green's—he said no—he had seen it from the City-road, that was all.
MARGARET BURKE . I am the wife of Darby Burke, and live in Chapel-street, Islington. Rourke lodged with me some time, and left on the Saturday before the robbery—I did not see him again until he was in custody—he gave me no notice of his intention to leave—I was in the habit of washing his linen—I think I have washed this shirt now produced for him—I do not know whether I have washed it more than once—I had women washing for me, and did not always wash myself.
Cross-examined. Q. You cannot speak to that identical shirt? A. I cannot swear it is his—he lodged with us about a year and a half—he is single, and is a tailor—we found him very honest while with us.
PATRICK MULLINS . I keep the Running Horse, in Duke-street, Grosvenor-square. I know Rourke, he comes from the same part of the country as I do—I knew him when a child, and have known him in London for the last twelve months—he has been in the habit of coming to my house about nine months—on Sunday, the 12th of March, he came to my house, and said he had found some papers, and could not understand what they were—I asked him to let me see them—he said he had not got them then, but he would go and bring them, and show them to me—he went away, and came back with two cheques, and a bill—I looked at them—I could not positively swear to them again—I told him they were of no use to him—the best plan was for him to take them to the gentleman whose name was on the bill, and of course he would get something for his trouble—I do not know whether he can read—he rolled up the papers, and said he would do so next morning.
Cross-examined. Q. What part of the country does he come from? A. A village in county of Galway, Ireland—he told me he had been in England about four years—I have only seen him during the last twelve months—he is single, and is a tailor—I have always heard persons speak very highly of him.
place, Tottenham-court-road. On Sunday morning, the 12th of March, between eleven and twelve o'clock, the prisoners came to my house, and took the one pair back room unfurnished—they did not sleep there that night—I went and engaged a bed for them—they came next day, brought some furniture, and put into the room—they remained there till the 17th of March, when Rourke was taken—I knew nothing of them after they took the room—I lived in the two pair front—I saw them in the house—they brought the things on the Monday morning—I suppose they staid there that night—I saw them in the course of the next day—I met them occasionally on the stairs from Monday to Thursday—I never was in their room, or they in mine—on the next Monday, Watford was brought to the room in custody.
ROBERT COLE (police-constable G 193.) On Monday, the 20th of March, I saw Watford in the street, near the New Prison, Clerkenwell, between twelve and one o'clock—Rourke was then in that prison remanded—it was at the time when the friends of prisoners visit them—I asked her whether she used not to live as servant with Messrs. Green and Barrett, in the City-road—she said she did not know any such people—I asked her name—she said Rourke—I asked what she was, and where she lived—she said she was a dress-maker, and lived in Regent-street—I asked how she came to be there—she said she bad come to see her brother who she was informed was locked up for a row—I took her into custody, and told her it was for robbing her employers, Messrs. Green and Barrett of a quantity of bills, and other articles—she continued to deny ever knowing any such people, or any such place—whilst going to the station she said, "It is no use denying it any longer; I am the person you allude to, and this is what I have come to through having a young man, but I am as bad as he, and he is as bad as me"—I was at the station, and saw Sergeant Brannan take from her hand the caddy spoon now produced—she said it belonged to her master—I afterwards went to her lodging with Brannan, and found these bills in the hole in the floor under some oil-cloth—Watford said she had put them there to take care of them, and that she thought to have sent them back before.
Cross-examined. Q. Had you known him before? A. No—I have got the duplicate ticket—I believe this was pawned in the evening, I cannot be certain—Monday is rather a busy day with us—more than a hundred persons came in the course of the day—I spoke to him, and put the usual questions, but I did not write the ticket—I believe him to be the man.
MR. PAYNE. Q. Have you any reason to doubt his being the person? A. I could not swear he was the person.
JOHN CHARLES CUTBUSH . I am shopman to Messrs. Livermore, pawnbrokers, in Tottenham-court-road. I produce two silver table-spoons and three silver tea-spoons, pawned on the 13th of March, for 24s., by Watford.
MR. GREEN re-examined. I can swear positively to three of these spoons, and I believe the other two to be my father's—the carpet bag is mine.
(Malachi Shield, tailor, of No. 28, Great St Helen's, Bishopsgate-street; and Martin Fleming, tailor, of No. 8, Old King-street, Deptford; gave Rourke a good character.)
WATFORD,— GUILTY . Aged 25.
ROURKE,— GUILTY . Aged 26.
Transported for Ten Years.
1152. TIMOTHY CONNOR , was indicted for feloniously assaulting John Cullen, on the 22nd of March, and cutting and wounding him on the left eyebrow, nose, and face, with intent to do him some grievous bodily harm.
MR. CURWOOD conducted the Prosecution.
JOHN CULLEN . I live in Little Shire-lane, in the back room, first floor; the prisoner occupied the front room. On the 22nd of March I returned home about half-past eleven o'clock at night—I heard the prisoner come in about ten minutes after twelve—I was in my own room—when I heard him I opened my room-door, and stood at it, and, in consequence of what my mother had told me, I asked him why he hit my mother while I was in the country, and said he was a d----d vagabond for doing such a thing—I had no sooner said so than I was stabbed on the eyebrow with some instrument—I directly called out that I was stabbed, and made a rush towards him—he was just at his own door, and I received a cut across my nose, which cut a piece of my nose off—I do not remember any more till I was taken to the hospital.
Cross-examined by MR. PAYNE. Q. Do you call yourself a painter? A. By trade I am; I have not got much by it lately—I am a professor of pugilism—I do not stand at the bottom of Shire-lane—Elizabeth Paton lives with me as my wife—I keep her—I have lately been at Newcastle-on-Tyne backing a prize-fighter—I very often do that—I never touched the prisoner before he struck me—I did not strike him on the head with a candlestick, or wound him in the head, nor ever laid my hand on him—I did not see him with any knife—I was struggling to get something from him when I got the cut on my nose—(looking at his deposition)—this is my signature—it was read over to me—I did not see a knife in his hand—I made a rush at him, and I had no sooner done so than I got a cut across the nose—I was not struggling to get anything from him when it happened—(the witness's deposition being read, stated, "He had a knife in his hand; I endeavoured to get the knife from him, and in the struggle he gave me another severe stab on the nose")—I did not see a knife in his hand—I made a rush at him, to get something away which he had—I always keep the witness Paton when I am in town—I am not very often in town.
ELIZABETH PATON . I live with Cullen, in Little Shire-lane; the prisoner lived in the same house. On the evening of the 22nd of March I heard the prisoner come up the stairs—Cullen went and stood at the threshold of his own room, which is right by the side of the stairs, and said, "Connor, what did you strike my mother for? you ought to be ashamed of yourself, for she is old enough to be your mother"—I heard Cullen say, "I am stabbed, Iam stabbed—I came to the door with a light, and saw the prisoner with a knife in his hand—I saw him run at Cullen with the knife, and draw the knife across his nose—Cullen was leaning on the landing at the time, and went to catch hold of the prisoner, to prevent his running away—I looked at his eye, which was bleeding very much—he rose his arm again to stab him, which I prevented, and got a slight wound in my arm through doing so.
Cross-examined. Q. Did not Cullen's sister come in? A. Yes—I asked her to hold the prisoner while I went and fetched a policeman—she struggled with the prisoner—she is not here—Cullen supports me—I have been an unfortunate girl, but have not been so for some months—I have been living with Cullen nearly four years—I am eighteen years old now—I have never been in custody.
LUTHER CARTER (police-constable F 64.) On the evening in question I was on duty near Shire-lane, and heard screams of "Murder," and "Police"—I went to No. 10, Little Shire-lane, and saw the prosecutor standing
against his door, bleeding very much from his left eye and nose—I asked him who did it—he said Connor—Connor was in his own room at the time, struggling with Cullen's sister, with a knife in his hand—I asked him for the knife three different times—he said he would not give it to me—I took it from him by force—this is it—it is a table-knife—I placed it on the table—after a bit he got it again, and said he would rip the b----s guts out—I then took him to the station.
Cross-examined. Q. Did you observe whether the prisoner's head was wounded? A. I did at the time—it was cut when I went into the room—it was quite a fresh wound—he did not mention anything about the door being broken.
MR. CURWOOD. Q. What sort of wound was it that the prisoner had? A. I cannot say whether it was from a cut or a fall—it was at the back of the head—he did not say who gave him that wound—he said but very little—he was very much frightened—the wound was bleeding, but not very fast.
(Witnesses for the Defence.)
MARY CONNOR . I am the prisoner's daughter—I am nearly ten years old, and live with my father and mother. On the night my father was taken into custody I saw Cullen in our room—he ran in and hit my father with the candlestick when my father and mother were taking their supper—my father had a knife eating his supper—I did not see him do anything with it after Cullen struck him—Cullen went to his own room—my father was sitting on the bed—he did not go out of his room—I did not see Cullen bleeding—the policeman came in in about ten minutes.
MR. CURWOOD. Q. Were you sitting up in the bed? A. Yes—I saw all that passed—Cullen came in with the candlestick and struck my father on the head as he was at supper—I did not see him struck or cut at all—my father never went out of the room till the policeman took him.
COURT. Q. Did anybody come into the room besides Cullen, before the policeman came? A. Yes—Ellen Cullen and Betsy Paton—when the policeman came, Ellen Cullen was in our room, lying down on the floor, with her head in the coal-cupboard—that was about half-an-hour after Cullen had come in—Paton was there when the policeman came—we were at supper at a little round table—there were plates on it—the policeman was in the room when my mother took them all away.
DENNIS M'CARTHY . I am a labourer, and live in New Cut, Lambeth. I know the prisoner. On the night he was taken I had been with him at the Windmill public-house, in the New Cut, drinking with him and several more—I came part of the way home with him, as far as Temple-bar—it was about twelve o'clock—he wanted me to go home with him to supper—I declined—I followed him up to his own house, after parting with him, as he had been drinking, to see that he went home—I went up the stairs after him—I heard a row up stairs in the back room—the young woman said to the man, "There are two or three women there; there is the swindling vagabond, who, when you were out of town, struck your mother"—he replied, "Did he do that? I will give it to him"—he rushed out of his room, rushed into Connor's room, came down stairs, and said to two women below, that there was murder up stairs, and I got out of the way.
MR. CURWOOD. Q. You did not see what passed up stairs? A. No.
NOT GUILTY .
1153. MARY BASSETT, CATHERINE NOLAN, JOHN M'GRATH , and JOHN FITZGERALD , were indicted for feloniously assaulting John Prebble, on the 11th of Feb., putting him in fear, and taking from his person, and against his will, 1 coat, value 2l.; 1 hat, 12s.; 1 stock, 2s.; 1 pair of boots, 12s.; 1 purse, 1s.; 4 keys, 2s.; 8 half-crowns, 12 shillings, and 8 sixpences; his property; and immediately before, at the time of, and after the said robbery, feloniously cutting and wounding him on his head.—2nd COUNT, for beating, striking, and using other personal violence to him at the time of said robbery.
MR. CLARKSON conducted the Prosecution.
JOHN PREBBLE . I am a purchaser of miscellaneous property, and live close by St. Mark's-place, Kennington. On Saturday, the 11th of Feb., I was out between one and two in the morning—I had not been drinking very much—I was in the neighbourhood of Westminster, and entered the King's Head public-house in Orchard-street—I was alone at first, but was afterwards in company with Eliza Spillard—I am not aware whether she went in with me—she might have followed me into the house—I do not recollect being in her company, only from her statement—I saw all the four prisoners at that public-house, and they asked me to treat them—I think it was Bassett first asked me—I treated them, after much solicitation—they said, "Will you not pay even for a pint of beer?"—I said, "I do not mind a pot, as you have been out of work many weeks—I am sorry to see you so distressed"—I threw down some money—I do not know whether it was sixpence or a shilling, and they had some beer—the weather was exceedingly bad that night—I waited at the King's Head probably three quarters of an hour, during which time I sat down, I am told, in the tap-room—I do not know whether it was the parlour or tap-room—I recollect sitting down—I remember leaving the house by myself—after I left the house I was molested by four or five persons, two men and two or three women, and it is very probable that Spillard may have been among them—I was laid hold of on each side of the arm by some man on each side, and I was pushed down Union-court, and into No. 9, I believe it is—I made some great resistance—the door was open, and I was forced in—there was no light in the passage—after I was forced in I was laid hold of by the clothes, and dragged, or rather forced up stairs into the front room, first floor—the first person I had any communication with was Mary Bassett—they were all of a gang together at the time I was forced up stairs—it was in the dark, and I could not observe Bassett then, but she afterwards brought a candle, and I think offered me some liquor—I forget whether I partook of it; I am not certain—I perfectly recollect Bassett—I identified her in the morning—I remained there perhaps till eleven or twelve o'clock in the day; I cannot say the exact time—I found I was in a very low bad place—I said to Bassett, "Let me out of this house; what shall I give you?"—I gave her some silver, something of little consequence, for her to let me out of the house, which she said she would do—I heard a noise below—she said it was lodgers quarrelling—I heard some screaming—she had previously prevailed on me, as much as possible, to lie on a bedstead, which I refused to do—she went down stairs, saying, "I will go and see all clear"—she returned almost immediately and closed the door after her—I heard somebody outside walking up stairs at a very quick step, and Fitzgerald rushed into the room, and said, "What does this man want here?—you have done me an injury"—I said, "For what reason?"—he asserted something similar to certify that I had been connected with his wife—he said to Baesett, "Has he got any money?"—she told him it was in my pocket—he then laid his hand on me—I said, "I can give, but I will not be robbed"—I dashed
myself from him, and a struggle ensued—I told him I could not fight much, but I would try what I could do—I was making a rush at him, but I was struck violently on the head with some instrument—I cannot swear that he struck me—I was so close within his grasp, and it was done so suddenly, that I was thunderstruck, almost stunned—another scuffle ensued to get me out at the door—there were two other men at least at the door—they tried to get me out at the door, and I was pitched on my head down stairs, which caused concussion of the brain, and great bleeding happened afterwards—the cut is not closed yet—the bone of the head was fractured by some instrument—a jerk of the neck caused the vessels to break, and I lost a great deal of blood—I bled the greater part of the morning on the stairs—I recollect M'Grath hitting me several times, down stairs as well as up stairs—he is the man that stood at the door—I am not positive whether it was M'Grath or Fitsgerald struck me with some instrument—M'Grath was standing at the bed-room door—the door had then been opened with the intention of getting me out, or throwing me down stairs—Fitzgerald is the man who fought me first, and took my purse—my clothes were taken afterwards—I no doubt had my clothes on when I went into the room. I did not go to bed at all—after losing a great quantity of blood I recovered from the sort of faintness in which I had been from the stunning blow I had received, and found I was lying on a flight of steps, very wet and dirty—I raised myself step by step till I came to the first floor door; I tapped at it, but could get no answer—I said if they would fetch a doctor, I would forgive them—however, I received no answer—I pushed the door, went in, and asked them for God's sake to let me only sit or lie down, and I laid till it was near day-light—Fitzgerald then got out of the bed—he was lying with a woman, and on the other side was a woman who is now in the hospital, who had the typhus fever—a more horrid sight could not be—the. woman he was in bed with is not here—after I was robbed he weet out of the house, and returned with some woman, and on that bedstead I asked to lie down till it was light—when I recovered myself on the stairs, on getting up, I found my boots were gone, also my stock, great coat, and hat—I had my trowsers and waistcoat on—I had no under coat—I had but one coat on, and that was taken—it was a tight coat—about 1l. 16s. in silver was also taken, a purse, keys, some little odds and ends, and a silk pocket handkerchief, which was afterwards found—Fitzgerald got up between the lights, after he had been passing the greater part of the night with this woman—he said to me, two or three times over, "You b----why don't you get up?"—I said, "Let me lay, I don't do you any harm;" and I said to the woman, "What is he getting up for?"—the, woman said, "He is only getting up to go to his work at Pimlico; he works at Pimlico basin"—she got up herself about five minutes after he got up.
Q. Did you see any more of M'Grath in the room? A. He made a most fiendish countenance at me in the outset—I was hit several times on the stair-case—they were in and out all night, but I cannot recollect who the parties were—at last they all left the room except the poor woman ill in bed—some woman came into the room, and I said, "Here is a woman dying; for God's sake, go to the hospital, and get her in"—Bassett was in the room the first part of the night—she did not sleep in the room—I did not see her—I do not think she did—there could have been no place for her to sleep, unless it was on the floor—Bassett was in the room at the time I was beaten and received the blow on my head—she stood back behind the door—Fitzgerald came in as she stood, and she said, "Here he comes"—she knew that he was coming, no doubt—Iam sure she was in the room when I received the blow—I saw a light-haired woman, I cannot positively swear it was Nolan—I cannot say whether that
light-haired woman was in the room at the time I received the blow—she may have slipped out—I was too much agitated in a scene of that kind to pay particular attention—I remained in the house, I think it must have been till eleven or twelve o'clock—several persons came in in the course of the morning—Bassett sat at the fire, with a child on her knee, with a diseased head—I asked if I could get my great-coat—a dark woman, who is not in custody, told me, if I said a word, they could prove I had broken into the house—after several people coming in, from curiosity, to see if I was still there and still alive, a little boy peeped in—I asked him to fetch me a cab, which he did immediately—I was covered all over with blood—I had then ventured down stairs, seeing that the house was deserted—everybody had gone out of it—when the cab came, I walked into the street, across the yard, throught the wet, in my stockings and shirt sleeves—the cabman came round to me, and gave me a piece of carpet or a horse-cloth to put under my feet, but I put it over my shoulders and head—I was extremely cold, and in a sort of treme—he drove me home—for two days I was extremely delirious and foolish—I do not believe I was in my proper senses—I went to Mr. Barker, a surgeon, to have my head examined—I could feel that I had a serious wound on my head—I was under medical treatment about three weeks—I was confined to my bed nearly seven weeks—I did not find my handkerchief myself—I have been asked since if a handkerchief corresponded with mine, and I have five or six like it—I compared it with them—I cannot say it is mine except by comparison and the pattern—there may be many thousands of the same—it has no mark.
Bassett. I never saw the gentleman in my life till next morning; he never gave me any money; I came down next morning with a baby, hearing a bother in the house, and said, "You look very bad, are you the man that fell down the stairs?"—he said, "Yes, but I was very tipsy;" I asked him if I should wash his head. Witness. She had a child on her knee at the fire, but she never spoke one word to me, and she very shortly retired—I have no recollection of her offering to wash my head—I do not think she did, but I would not swear it.
Bassett. Q. Did I ill-treat you, or take anything belonging to you? A. You instructed Fitzgerald to take the money from my pocket, and said, "Take it all," and he took it all.
M'Grath. Q. Can you swear positively that I struck you with some weapon outside the door? A. I do not swear that you did, but one or the other did.
Fitzgerald. Q. What time did the boy peep into the room, as you say? A. I cannot say the hour—I think he was the last one that came in to look, just to see if I was there—I have seen him since—he said he lived in the house—it was about half-past eleven o'clock when the cabman took me away—the boy was not gone for him five minutes, and he took me away directly—I think there were not more than two men shoved me up stairs—there was atleast two or three women—there were other men in the house—somebody pushed me behind—whether they were men or women I cannot tell—I presume it was four or five o'clock when you got up—it was nearly getting daylight—the woman you slept with was a young woman—I have seen her since at Queen-square—she got up about five minutes after you.
Bassett. That woman was in bed with a bricklayer man.
ELIZA SPILLARD . I am a girl of the town. I live at No. 18, New Tothill-street, Westminster. On the night, between Friday the 10th and Saturday the 11th of Feb. last, I met the prosecutor opposite the Horse Guards about ten o'clock—I never knew him before—I went with him up the Strand to an oyster shop, and then to the Pine Apple, in Hungerford-market—we had
drink there—we afterwards went to the King's Head, in Orchard-street—we got there about half-past one, or it might be twenty minutes to two in the morning—I saw the two female prisoners there—I did not see the men—I knew the females by sight, by seeing them about Westminster—they were there when I went in with Mr. Prebble, and they joined us—they asked Mr. Prebble to treat them—he said they were a different party, he did not know them—Bassett said if he did not treat them they would muzzle him, and his Moll too, and with many words he treated them—when he had treated me with glass of something to drink he came out of the Ring's Head, to the bottom of the steps—Bassett and Nolan followed him out, and asked him if he wanted a room—the gentleman said he would have no objection to going and staying an hour or two with me if I would like to come, and they came down Union-court—that is right opposite Tothill-street—the gentleman and me, and the two women turned down Union-court, one on each side of us—the gentleman was tipsy—I went to turn round to go back again as the gentleman refused going into the house, and saw the two male prisoners behind following us down—that was the first time I recollect seeing them that night—I did not see them in the public-house—when I turned round the two men dragged the gentleman into the house, and the two girls dragged me in—Nolan shut and fastened the door—the two men then went up stairs, and Bassett took the gentleman, and helped him up stairs—the two men went up stairs before the gentleman—the gentleman did not appear to be willing to go up stairs—he called out to bring up the young person that was with him, to bring up his lady—Nolan held me in the passage, and told me the room was not convenient for me to go into it—Bassett came down stairs again in about three minutes with a wine glass of something for me to drink—I was still in the passage—she told me to drink that or else I should be sick—I refused it once, but she put it to my mouth, and I drank it—Nolan was in the passage by the side of me holding me up by one arm—I had been drinking a little, but was not tipsy—I drank it because they told me to drink it, or else I should be sick—I was frightened—about two minutes after I had drunk it I found myself quite insensible, and very sleepy—I was not able to support myself—Bassett and Nolan then began to take my clothes off—they untied my cloak first—I was in a helpless state—I was standing with my back against the wall in the passage—no one had hold of me after they gave me the drink—I remained on my feet all the time, but felt very sleepy—Bassett took my cloak off—they took all my clothes from me except my shift—in the morning I found myself lying in the passage in a great pool of water, very wet and only my shift on—my gown was by my side—I had on my shoes and stockings when I went into the house—also a petticoat, bonnet, and cloak—Bassett said when she took them off, "You little cow, you don't keep these fine clothes"—it was about half-past seven when I awoke—I was very stiff from the bruises, and the ill usage that I had had—I did not hear any disturbance up stairs—I was overpowered by what I had taken.
Bassett. I never saw the woman.
Nolan. Q. Did not you go out of the King's Head, with the prisoner Fitzgerald, and go down the court? A. No—I went out with Mr. Prebble—the bonnet that I lost was a cotton velvet one—I never said it was a silk velvet.
M'Grath. Q. Did you ever see me have a hand in taking your clothes or anything? A. I am quite sure it was you I saw go up stairs—you had on a round jacket—I did not notice what sort.
M'Grath. I wore a coat that night—she is mistaken—she has taken me for another man.
Fitzgerald. Q. Did you see me at the King's Head? A. I did not—I
only saw you at the bottom of Union-court, when I was turning back come up the Court—I will swear positively that you are the person—you had on a round fustian jacket, and a black cap—I knew you very well.
MR. CARKSON. Q. How long have you known Fitzgerald by sight? A. Ever since I have been in London, which is four months last Friday—I have been in the habit of seeing him down in Tothill-street, and in the neighbourhood of Westminster—I had seen M'Grath before that night about Westminster—I did not know him so well as Fitzgerald.
COURT. Q. Did you know Fitzgerald to speak to him? A. Yes, I have spoken to him before.
WILLIAM WEEKS . I am landlord of the King's Head, Orchard-street, Westminster. My house is open late every night except Saturday—I know Fitzgerald quite well, and M'Grath—I saw them at my house on Friday night, the 10th of Feb., between one and two o'clock, with several other men and women, all in company together—I recollect seeing Bassett that night—I cannot recollect Nolan—she might have been there, but I am not able to swear to her—I have not been subpœnaed or bound over, but have come to state what I know.
COURT. Q. About what time of night did you see Bassett there? A. They were there the most part of the night, till, I should say, about two o'clock, but I cannot swear positively to the exact time.
Bassett. Q. Did you see me accost any one to ask for anything to drink? A. I do not remember your asking to be treated, but I recollect Mr. Prebble treating you with some gin and water—I did not see you with Spillard that I recollect—I do not remember Spillard being there—I heard that she was, but I do not remember seeing her myself.
M'Grath. Q. Did you see me in Mr. Prebble's company? A. I did not, but you wanted to take two glasses of gin and water into the tap-room with you, and I would not allow you to do so unless you brought the money first, as is our usual custom—I afterwards took the gin and water to Mr. Prebble in the tap-room, and he paid me for it—I cannot say whether you wore a cont that night.
M'Grath. I was drinking there with my sister, and she sent me for the glasses—did not my sister pay for two glasses of gin and water at the bar Witness. I do not know his sister—she might have come there, but I did not know her to be his sister.
Fitzgerald. Q. How was I dressed? A. To the best of my belief, you had a fustian jacket on—whether you had a hat or cap I cannot recollect—I have known you ever since I have been in the house, which is two years next June—you were there about one or two o'clock—you were there before Mr. Prebble came in—I cannot say exactly how long—it might be an hour or so—you were out and in during the time you were there—you did not stops in all the time—I cannot remember when you went away for the last time—it must have been later than between one and two, or about that time—I believe you came and fetched two glasses of gin and water to take in to Mr. Prebble—I did not see you take them to him, but he was the only party drinking gin and water in the tap-room—I did not see where you took it to—Mr. Prebble was in the tap-room, in company with two other men—I thought they were his friends—I went in to advise him to come out, and those parties told me they would take care and see that he was all right—they were strangers to me—you paid for the two glasses of gin and water before you took them away.
No. 10, Union-court, Orchard-street—Bassett and Nolan lived there at that time—I slept in the second floor back-room—early on the Saturday morning I heard a noise in the house—I was in bed at the time—I had known Bassett for about three weeks, and was able to distinguish her voice—she came down to us in the room, and told us they had a swell and another young woman in the house, and asked George if he would come up-stairs—two other boys, named George and Robert Cuttle, were in the room—George is about sixteen years old—he put on his clothes and went up-stairs—there is another floor above us—she did not say in what part of the honse the parties were—I know M'Grath—he had been in the house that night, very late, after I had been in bed, but before I heard Bassett's voice, he came to the room where I was in bed, and asked George what business he had with the gentleman's coat, and he took it away from him—that was after the noise, and after Bassett had been to my room—George went up-stairs when Bassett called him, and when he came down he had a coat, a pair of boots, and a hat—he brought them into the room where I and the other boys were sleeping—it was after that that M'Grath came into the room, and asked George what business he had with the gentleman's coat—George did not make any answer, and M'Grath took the coat from him, and took it away—about ten minutes afterwards he came in for the boots, and said the house was going to be searched—I cannot tell the time at all accurately—I saw Nolan in the room that night—I do not know the hour—she brought in a mantle, a bonnet, and a boa, laid them on our bed, and said, "George, will you let these be here till the morning?"—George afterwards took those things away in the morning, and took them up to her—she used to sleep up-stairs.
Bassett. He says he slept in the second floor and we were above him, there is not a house in the court more than two-story high. Witness. I am quite sure there is a story above the room I slept in—I used to go and fetch her water for her—there are rooms above the second floor—you go up thirteen steps from the floor I sleep on—I did not hear her ill-use the gentleman.
Nolan. When he first came to the station-house, he said I was not the person, that I was a stouter person. Witness, I did not say that—I was asked whether she came down, and told George to come up-stairs, and I said it was not her that came and told George—no more it was.
M'Grath. Q. Did you see me go up stairs, and bring or take anything away? A. I do not say you went up stairs; it was you that came and took the coat and boots—I had never seen you before—I do not know what dress you had on—I saw you with the gentleman's coat on—you put it on in the passage—it was the coat you came and took from George.
MR. CLARKSON. Q. You say that you slept in the second floor; how do you count the floors? A. The bottom of the house is one floor, and where we live is the second floor—I heard the gentleman halloo out in the night for somebody to come and put a blanket under his head, and he would forgive them, and nobody came—I afterwards saw the gentleman in the morning in the next room to ours—he was in the room, sitting by the fire, with his head all covered with blood, and the sleeve of his shirt was bloody—he had no coat, hat, handkerchief, or boots on—I went and got him a cab—the cabman put something round him, and something under his feet too.
Bassett. Q. Was I not there when you went for the cab? A. No; I did not see you there then.
DANIEL LLOYD . In Feb. last I was lodging at No. 11, Union-court, Orchard-street. There is no number on the door—it is right opposite No. 10—they are two end houses—I know the two female prisoners—Bassett lived it No. 10—I do not know where Nolan lived—on Saturday morning, the 11th of Feb., between one and two o'clock, I was going home, and saw the
four prisoners and Mr. Prebble in Union-court—they had hold of him—they were all four together at that time—Bassett had hold of his arm—Fitzerald was close to him—I cannot say whether he had hold of him—they were taking him down the court—he appeared a little tipsy, but not much, as appeared to me—I went home, and went to bed—after I had been in bed a little while I heard a row in the passage opposite, a scrambling and jumping about—about seven o'clock next morning I saw a boy named Robert Cuttle—he came out of the house with a hat in his hand—he had a cap on his head—in consequence of something I thought, I went over to the house, and up stairs into the first floor front room—I there found the gentleman lying on the bed, with his head cut dreadfully, and all over blood—he appeared very faint indeed, and his hair was all matted together—that prevented my seeing the sort of wound he had—I looked about, to see for his clothes, but could not find any—he had no boots, or coat, or hat—he had a waistcoat—Bassett came in, and she said it was a shame the gentleman should be used so, and then went away—I remember seeing Jane Ingram there—she said to the boy, George Cuttle, if they did not give the gentleman's clothes up she would tell the policeman—Bassett was then standing on the stairs, with a basin of hot water in her hand—she was near enough to hear what was said—she ran after Ingram, and said if she did not mind her own business, and go out of her room, she would chuck the basin of water over her—Ingram then ran into her own room, which was the front parlour of the house I lived in—Bassett and Conway, or Nolan, followed her—Nolan was standing by the front parlour window, and threatening—she was not in the room where the gentleman was—Nolan is known by the name of Conway—I did not know her by that name—I have seen her about, going on for two years at different places, but I never knew her name before—after that Wellington went for a cab.
Bassett. This man and Ingram live together; she prostitutes her body to support him; he lives at No. 9. Witness. I live at No. 11—I live in the same house with Ingram, but not in the same room—she does not support me by her prostitution.
Nolan. He has not been long out of twelve months' imprisonment. Witness. I have been in prison for thieving some sponges, and had twelve months' imprisonment—I have been out nearly nine months—I have never been in prison except that time.
M'Grath. He has had two months for thieving a coat since then. Witness. I have not, not for anything of the sort—I have not been confined at all since I came out.
Fitzgerald. Q. In what part of the court was I when you saw me alongside of the gentleman? A. In the turning of the court—there are two courts; it goes down to the bottom, and then turns another way, and it was just by that turning—Spiller was a little way behind.
JANE INGRAM . I lived opposite No. 10, Union-court, Westminster. I was standing at the door late on Saturday night, the 11th of Feb., between one and two o'clock—I saw Bassett and Nolan take Eliza Spillard into the house No. 10, and after that they took a gentleman in—they took the girl in first—the two male prisoners followed in after the gentleman and the two women—the gentleman resisted going in, and came out again—he was dragged in afterwards—M'Grath and Fitzgerald were close behind him at that time, persuading the girls to get him in as soon as they could—I heard them tell the girls to take the gentleman up stairs, and they would be up after him—I remained at my door, and in about ten minutes or a quarter of an hour I heard the cry of "Help," and "Murder," and a great scuffling and noise in the house—about five minntes after the row I saw the two male prisoners come
out of the house—M'Grath had a bundle under his arm, which appeared to me to be like a coat—(he had nothing under his arm when he went in)—M'Grath came out first, and Fitzgerald followed out after, very quickly, directly—they both went the same way together—they left the door open—I knew Fitzgerald before by sight—I had seen him about twice before, at the King's Head, in Orchard-street—about a quarter of an hour or twenty I minutes after they went away I went and showed the gentleman a light—he asked me for some water—I had none to give him—he was on the first floor landing—his head was bleeding—I looked at his head—he was wounded very much—I afterwards heard something in Bassett's room, which was the second floor front room, at the top of the house—I know the room where Wellington used to sleep—it is the first floor back room—while I was in the house, Bassett called out for me to go and mind my own business, or they would serve me the same—I did not see Spillard after she went into the house—I did not go to the end of the passage—I was afraid to stay, and went home—between seven and eight in the morning I went over again, and saw the gentleman in bed in the first floor front room—he appeared to be very weak and ill from the loss of blood—he was under the bed-clothes—I saw a little boy with a hat—I told him to give the gentleman back his hat—Bassett ran down stairs after me with a basin of hot water—I was frightened of her, went down stairs, and went to my own room—she came over, and used very threatening language—she said, if I said anything at all about it she would be the death of me—I afterwards saw the gentleman taken away in a cab with a horse-cloth on.
Basset. Q. Do you live at No. 9, or No. 11? A. No. 9, right opposite No. 10.
M'Grath. Q. Did you see me shove the gentleman into the passage? A. No, but I saw you following close afterwards—I cannot say how you were dressed, but I think you had the same jacket you have on now.
Fitzgerald. Q. How far was I from the gentleman? A. A very few paces—it might have been half a yard—I am sure the girl went in first—I staid with the gentleman a very few minutes, because of Bassett—you had on a cap and jacket—I cannot say what coloured one, it was a dark night—the gentleman was on the first floor landing, not in the room.
JAMES BRADLEY (police-constable B 134.) I took Bassett into custody on the 18th of Feb., in her own room, at No. 10, Union-court, Orchard-street, Westminster—I told her I wanted her for ill-using Eliza Spillard and a gentleman in her house on the 10th—she said she knew nothing of it, she was innocent—I was at the station on the 25th of Feb., when Nolan was brought there in custody—she was wearing this bonnet, which I produce—I told her I thought she had got the prosecutrix's bonnet on—I did not know Spiller's name at that time—she said she had had it about six weeks, and she had bought it—on my way with her to the Magistrate, she said she wished she had had nothing to do with the clothes or the bonnet—I was at the Kensington police court on the 3rd of March, and received charge of M'Grath there—I said I wanted him for robbing a gentleman and a young girl in Union-court—he said he had nothing to do with it, be knew nothing of it—the little boy, Wellington, was brought in by Inspector Taylor while I was sitting by M'Grath—I had not said anything to M'Grath about Wellington or any one else being a witness against him, but when he was brought in he said, "There is a pretty boy to come to give evidence against a man—to swear against a man"—I said, "How do you know he is come to swear against you?"—he said, "Because I know he is"—on the 19th of Feb. I examined Bassett's room
after she was in custody, and found this hatchet there—it was the only weapon I could find in the room.
Bassett. He never asked me a question when he came into my room; he was not dressed as a policeman; I asked his business, he gave me no answer, but began to search the place; Lloyd rushed into my room, and swore to a young woman who was there; he said me and that young woman were the two that came to beat his old woman; this policeman did not tell me what he came for. Witness. I told her when I first went, what I took her for; there were two women in the room, the other one was let go; Lloyd was not in the room at the time; he came and gave me the information; before I went into the room he told me on the landing that both of the women were in that room, and that both lived in that room; when I got them both out, he said that one of them was not right, but having them both in custody, it was my duty to take them to the station.
M'Grath. I did not say that the boy was a pretty witness till the old gentleman, (Webster, I believe his name is, the crier that attends the Court,) said, "This is the lad that will do for you, my boy." Witness. He said nothing of the sort.
JAMES SKELTON (police-constable B 94.) My duty is in the neighbourhood of Westminster, and has been so nearly nine years—I have known the prisoner Fitzgerald ever since I have been in the police—I have known him in the habit of frequenting the neighbourhood of Westminster, and of using the King's Head—I was in search of him for this charge about a fortnight after it happened—I apprehended him on Wednesday afternoon last—I was not able to find him before—I had been in search of him—I found him in the back-kitchen of his mother's house, in Causton-street, Westminster, near the Penitentiary—I told him the nature of the charge—on the way to the station he said, "You need not want so many policemen to follow me—an innocent man never resists"—I thought it prudent to take six other policemen with me.
Bassett's Defence. On the 11th of February I was going down the court, and heard there was a young woman at No. 7, who had been robbed of a mantle, cloak, boa, and bonnet; the young woman in the parlour told me she had lain there all night, and that two men had done it; she was robbed at No. 7. The prisoners know I never saw the woman in my life till I was taken into custody. On the 18th of February two policemen came into my room; they never said what they came about, but began to search my room. I did not know they were policemen. Jane Ingram and Lloyd swore to me and Mary Cain, a young woman who was washing in my room, and said we were the two women that beat the young woman; she directly contradicted him, and told the policeman that belongs to the Westminster division, that she had only been out of prison on the Tuesday; he said he did not think she had been out long; when they took us to the station, Lloyd went over to the fireplace to Ingram, and said, "Swear to the tail one." I asked what they had to swear to me for; they made no answer. Bradley, Mary Cain, and the young man went away all together. The inspector asked me if I knew what I was taken for; he dare say I did—I said I did not; he said, "For robbing that young woman." I said, "Where was she robbed?" he said, "In your place"—I said I knew nothing of it; I heard of John Fitz robbing a young woman at No. 7, Union-court, but I knew nothing of it.
I never saw the young woman till I was taken into custody. Nolan knows I was not there when she was robbed.
Nolan's Defence. I was not there; John Fitz is the man that did the robbery; he and her went down the court together. About half an hour afterwards I was going down the court, and met Fitz with the bonnet, mantle, and boa.
M'Grath's Defence. I know nothing of the charge, and don't know either of the prisoners now at the bar; I never saw them before. When the boy was brought to Queen-square, the man there said, laughing at me, "Here is a boy that will do for you." I never made any remark that I know of; I might, but I don't recollect it. One says I had the coat on my baok, another says in a bundle; one swears I forced the man into the passage; another says I did not do it.
Fitzgerald's Defence. Mr. Prebble states, that when he first entered the public-house in Orchard-street, he saw me, M'Grath, the two female prisoners, and Spillard, there all together; that he entered the public-house by himself. I hope you will bear that in mind, and that we applied to him for something to drink, saying we were poor, and out of work, and that he gave us 6d. or 1s. to get a pot of beer with; that he stopped there about three quarters of an hour, and went out; and as he went out, he was accosted by three women and three men; me, the prisoners, another woman, and another man. He says that Spillard was one of the women, that they enticed him down the court, and we followed him; that he did not like to go into the house; and that Bassett laid hold of the collar of his coat, and dragged him in; that M'Grath and another man shoved him up the stairs into the first floor; he states that he was in the dark till Bassett fetched a light to him, and he said, "I will give you some money to let me go out." The next witness, Spillard, swears that she met him at the Horse Guards at ten o'clock in the evening; it was at one o'clock, he says, that he came to the public-house, in Orchard-street, by himself; she says she accompanied him to an oyster room in the Strand, then to the Pine Apple, in Hungerford-market, and then to the King's Head, in Orchard-street; they called for something to drink there; she states that the two female prisoners induced him to treat them, which he did; but as for me and M'Grath she says she never saw us there; she never saw us till she was at the bottom of the court, when she was about to turn back again from the door of No. 10; she says she met us there, just by the door, and we would not let her go away; she then said the female prisoners came and forced her into the passage, and the gentleman was in the passage all the while; that we went up stairs before the gentleman, and Bassett helped the gentleman up stairs, while Nolan held her in the passage by the arm, with the door shut. The third witness, the gentleman that had the twelve months' imprisonment, then states, that he was coming home at half-past one, and saw the two female prisoners take the gentleman down the court, and then come out and take the female in, and then heard us say, "Make haste, and take him up stairs, and we will be up directly." I hope you will bear in mind that there are three different statements: the boy states nothing at all concerning me; he never saw me; and Jane Ingram states that she saw me and M'Grath come out of the house, one after the other; the gentleman states that he was in the first floor; and two other witnesses state he was in the second pair; when the prosecutor was so much in liquor when he came out of the public-house, why did he go down this court? why not refuse at first? He was intoxicated when he came out of the public-house, and after he got down to the bottom of the court, as he states, he was sober. I do not think a man can be sober when he is out drinking all the
evening from nine or ten till two o'clock in the morning. Is it likely, if I had committed a robbery in the house, that I should stop and sleep there?
JANE BENNETT . The witness Spillard came up to my place at half-past seven o'clock in the morning—she had on all her under petticoats and her gown—she had no ring except a common ring, and beads she had none, only a penny glass necklace, and a pair of ear-rings, the value of 1d.—they sell them in the Broadway, Westminster, "Any article on this board for a penny"—she came with all on as she went out in the evening, except her bonnet, boa, border, and mantilla.
BASSETT,— GUILTY . Aged 33.
M'GRATH,— GUILTY . Aged 19.
FITZGERALD,— GUILTY .
NOLAN,— GUILTY of Robbery only. Aged 19.— Transported for Fifteen Years.
Fourth Jury, before Mr. Recorder.
1154. MICHAEL DONOVAN , was indicted for feloniously assaulting Ellen Donovan, on the 25th of March, and cutting and wounding her in and upon her head, with intent to do her some grievous bodily harm.
ELLEN DONOVAN . I am the prisoner's wife—on the 25th of March I lived in St. John-street, Limehouse. On Saturday morning, about half-past six o'clock, my husband came home, and called me down stairs to let him in, which I did; and when he went up stairs, perhaps myself was in fault as much as him, but he took a brick out of the fireplace—he said, "Oh, you w----I will have revenge on you through losing my money last night"—he hit me on the top of the head with the brick—I was in bed at the time—he took a second brick, and hit me between the two shoulders, on my back, with it—he then got me by the head, and kicked me, with his boots on, in every part, on my back, arms, and shins—I went down stairs—he followed me down—he threw me down and left me stretched on the pavement in the street—I could not get up, from the effects of his beating—I was sober—I was taken to the London Hospital, and shall have been there a fortnight to-morrow—I come from there now—I do not wish to hurt him—I only want peace and quietness and maintenance.
Prisoner. I had 10s.; I went to a public-house, and had a pint of beer; I came home about one o'clock; my wife came down, and said, "You vagabond, what a time to come home, why not stop out all night?" I went and stopped out, for fear of a disturbance; I came home at seven, and she called me a w----'s son; I was in a great passion; I went down stairs; she took the two bricks, laid them on the bed, and told the policeman I had beat her with them; she took a fork out of the cupboard, and struck me with it. Witness. I did not take a fork, nor lay the bricks on the bed—he was passionate, and I suppose I was the same as him.
MARY PYBUBN . I was living in the same house as the prisoner and prosecutrix—he was out all night on the 25th of March—the prosecutrix came down and let him in in the morning—when he came up he began to ill-use her—I went up, and saw her sitting on the floor, by the bed—she was bleeding at the mouth, and was very much bruised about the forehead—I told her to go down stairs, and have nothing more to do with him, and told him not to ill-use her—he went towards the fireplace, took a brick, and struck her on the head with it—she was doing nothing to provoke him—I cannot say whether he was drunk—I endeavoured to prevent him—I followed her down stairs—I went and got ray gown on, and when I returned I found her lying on the flags of the pavement outside—I did not see whether he touched her hair or
not—I left the room—I persuaded her to go down stairs—he followed her down.
Prisoner. I went down to go to my day's work; I did not know whether I had better go or not, I was so much in a passion; this woman does not well like me, and she is belying me. Witness. I am telling nothing but the truth—I have had no quarrel with him—I never had a word with him.
JOHN CANTWELL (police-constable K 220.) On the 25th of March, Pyburn came to me, and I and a brother constable went to a house in West-court, St. Ann's-place—I went up stairs, and saw the prisoner on the further side of the room—his wife was lying on the floor—there was a brick on each side of her—on one was some blood—I gave him in charge to a brother constable, and fetched a doctor—I took the prisoner to the station, and asked him how he came to ill-use his wife—he said, by C—t, he only wished he had killed her dead, and likewise Mrs. Pyburn; he would sooner go and be hanged by the neck that morning than he would go and do a day's work—as I was coming over the Britannia-bridge, he said if he was taken, and had a month for it, he would have his revenge when he came out.
Prisoner. I never mentioned such words; I said I did not know whether to go and do a day's work or not, as I was so much in a passion. Witness. He did not say that.
CHARLES MATTHEW WAITE . I am one of the house pupils at the London Hospital, and lodge in Mount-street. On the 25th of March the prosecutrix was brought to the hospital—she had a severe contusion on the forehead, and a lacerated wound at the back of the head—the scalp was cut, and it penetrated to the skull—the bone was not fractured—the lacerated wound was such as the side of a brick might inflict—it was rather a sharp wound, not very jagged—the wound on the forehead was such as the flat side of a brick might make, held in a man's hand, and struck with violence—there was danger from the wound, from a fear of erysipelas and inflammation of the brain—it was what I should call a serious wound—it was impossible to say at first what turn it might take—I considered her in danger so far, as all wounds in the head are dangerous—it in some measure depends on the degree of violence with which the blow was inflicted, but not entirely—these wounds were such as that erysipelas might naturally follow—I should describe the injury as a severe contusion and a lacerated wound—it did not produce concussion—I should say she had decidedly received a grievous bodily hurt.
Prisoner's Defence. I never hit her with the bricks; they picked them off the fire-place and put them there, and said I had thrown them; I was afraid of staying there that night for fear she should stick me through with a fork; I do not expect that any woman who broke her own mother's legs with a mallet, would have much luck.
ELLEN DONOVAN re-examined. I did not break my mother's legs with a mallet—I can swear that—he knows nothing about my mother—she has been dead and buried six years—he is a villain—he was the cause of killing three children, one after another, in my womb—he never gave me a meal's victuals for three months—the neighbours gave me a crust of bread—he would go along with girls of the town to public-houses, come home, call me out of my name, and be ready to stick me with a knife—I never injured or struck my mother—I have been married to the prisoner six years, and sorry I am that I ever saw the vagabond—he is a great murderer, and I should like him punished—I have no children—I had three by him, but through his kicking and cutting me about he killed them in my womb, one after the other, and this is the first time of my giving him in charge; and I should not have given him in charge now but for the woman in the same house.
MR. WAITE re-examined. I did not examine her ribs, as she did not complain of them.
GUILTY . Aged 25.— Transported for Fifteen Years.
1155. THOMAS MILLER , was indicted for feloniously breaking and entering the dwelling-house of Richard Woodward, on the 12th of March, at Bromley St. Leonard, and stealing therein, 1 cloak, value 8s.; 1 pair of shoes, 2s.; 1 bonnet, 4s.; 1 shawl, 7s.; 2 candlesticks, 6s.; 1 apron, 6d.; 1 scarf, 1s.; 1 handkerchief, 6d.; 1 pair of sugar-tongs, 2s.; 2 boxes, 2s.; 4lbs. weight of beef, 2s.; 1 pair of bracelets, 6d.; 1 watch-guard, 1l.; 2 seals, 5s.; 1 gown, 1l.; and 26 yards of printed cotton, 15s.; the goods of Thomas Swainson.
THOMAS SWAINSON . I live at No. 4, Catherine-street, in the parish of St. Leonard, Bromley, on the premises of Richard Woodward. I occupy the lower room—on Sunday morning, the 12th of March, I went out at a quarter to seven—I opened the front parlour window, and put it down again, but did not fasten it, I think—I am sure I put it close down.
Cross-examined by MR. CHARNOCK. Q. I suppose you did not particularly notice shutting the window down? A. Yes, I opened it to unfasten the shutter, and shut it down close.
CATHERINE SWAINSON . I am the prosecutor's wife, and am a dress-maker. I went into the front parlour on Sunday morning, the 12th of March, about three quarters of an hour after my husband had been there. I found the window opened, and all in confusion—I missed the articles stated in the indictment—John Philpot soon after brought me all the articles but the bonnet—they were all safe in the room at eleven the night before when we went to bed.
WILLIAM M'ARTHUR . I live in Grundy-street, Poplar, and carry out milk. On Sunday morning, the 12th of March, I was passing No. 4, Catherine-street, and heard a noise in the front room—the window was about two inches up—when I got to the bottom of the street I saw a man and boy running in a direction from the house—the prisoner was one of them—he was carrying a bonnet, and the other a bundle, which he threw down and ran away—the prisoner threw the bonnet over into a garden—I saw a man who was following him pick up the bundle and take it back to Mr. Swainson—I have known the prisoner eighteen months or more, and cannot be mistaken in his person—he was in company with the man with the bundle.
Cross-examined. Q. What time in the morning was it? A. About half-past seven. I was close to the persons—the man had on a frock coat and light trowsers—he was tall—I had a momentary glance of both parties—I saw them only for a moment—they were running very fast—their faces were turned from me.
THOMAS WATKINS (police-constable K 310.) I took the prisoner in charge on the 15th of March. I said, "I suppose you know what I want you for?"—he made no answer—I was taking him to the station, and said, "I want you on suspicion of robbing a house in the new town"—he made no answer till I got just to the station, then said, "I know nothing about it"—I said, "I do not want you to say any thing to me"—then he said, "I shall say nothing"—I know the house is in the parish of Bromley—I never heard it called St. Leonard.
Cross-examined. Q. How many days was this after the robbery?"—A. Three days. I found him in High-street, Poplar, not at his father's—he lives in Cottage-row with his brother—I do not think he has a father.
MRS. SWAINSON re-examined. These are my articles—a young man brought the bonnet to me that evening.
JAMES PHILPOT . I live in Catherine-street, about 200 yards from the prosecutor's. On Sunday morning, the 25th of March, I was about 100 yards from the prosecutor's house—two persons passed me about a quarter or twenty minutes to eight—I did not know either of them at the time—I saw both their faces—the prisoner was one of them—he was carrying a bundle—I cannot say what it contained—they were both carrying something—when I got to the prosecutor's house the front window was wide open, and foot-steps on the cill—I then turned round and went back after the two persons—they ran when they saw me coming after them, and crossed a square piece of ground and threw the things down—I took the bundle up and took it to the prosecutor's—I did not see the bonnet.
Cross-examined. Q. Had you a momentary glance? A. Yes—I was examined before the Magistrate—they were sideways to me—they were coming towards me at first on the opposite side of the street—they were a very short time passing me—they did not run till after I turned, after seeing the window—the prisoner was dressed in a fustian jacket and a cap, I cannot say what trowsers—I suppose I saw them altogether a minute or two—I saw the prisoner again on the Tuesday following and knew him again directly—I am certain of him—I had a good look at him, because it looked suspicious—I saw M'Arthur when I picked the things up.
MR. CHARNOCK called
WILLIAM MILLER . I am a shoemaker, and am the prisoner's brother; he lives with me at No. 34, Cottage-row, Poplar. On the Sunday morning preceding the Wednesday that he was apprehended, I went to Hale-street Chapel, which is about three minutes' walk from where we live, where I generally attend—I left home to go there about twelve minutes after seven o'clock—I knew that the prayer-meeting begins at seven, and that I should be rather too late—I looked at the eight-day clock where I lodge—the prisoner lives with me—he has no father or mother—I am certain as to the time I went out—he sleeps in the same bed as me—I left him in bed—I cannot say whether he was awake or asleep—he was not moving—I returned about five minutes after eight—it was eight when I left Hale-street—I found my brother sitting by the fire, in the front room, where we live and sleep—I had lighted the fire—he did not appear to have been out—he had no hat on—he is honest and well disposed—he earns about 13s. a week.
COURT. Q. How far do you live from Catherine-street? A. Nearly half a mile—my brother never goes with me to chapel—I suppose it is eight or ten minutes' walk to Catherine-street.
ALLEN BELLCHAMBERS . I work at an undertaker's. I was twenty-six years in the East India Company's employ, and have a pension—I live at No. 2, Cottage-row, Poplar, opposite to Miller, whom I have known two years, since he has lodged there—on the Sunday before the prisoner was apprehended I got up about a quarter past seven o'clock—I was down in my front garden at a quarter past seven—I opened my door, and saw the prisoner in the yard where he lodges, washing himself—this was directly after I opened my door—I went in and out, and saw him in the front yard about half-past seven, with the witness Tanner—they were talking—he might be ten or twelve yards from me—the last time I saw him was at half an hour or twenty-five minutes to eight—I did not see him again till five minutes after eight—I then saw him in his own yard again.
COURT. Q. What makes makes you particular as to minutes? A. I could not help seeing him as I went in and out—I have a clock in my place, and knew the time I went out of my own place—I looked at the clock when I opened the shutters at a quarter past seven o'clock, and went into the yard
directly; and when I saw him with Tanner I saw the clock as I passed—I did not go on purpose to look at the clock—he was dressed all but his jacket when he was washing—he had that on when with Tanner, and a cap on, the last time I saw him, I think—I went out at five or ten minutes past eight—he was then standing in his own yard, where he was before—I do not recollect seeing Tanner then—the prisoner had on a kind of brown jacket—he generally wears a cap—I never saw him with a hat on.
MR. CHARNOCK. Q. What time do you generally breakfast on Sunday morning? A. Generally about eight o'clock—I get up about seven—I saw him the last time when I went in to breakfast.
ALFRED TANNER . I am employed on board the Isle of Thanet Ramsgate steam-packet—I have known the prisoner about eighteen months—I live in the next cottage to him—on Sunday morning, the 12th of March, I was cleaning my shoes in our yard, and the prisoner was in our yard, talking to me—I was in the yard from half-past seven to eight o'clock—I think it was half-past seven when I went there by the clock in my room—I got up about a quarter past seven, went into the yard, saw the prisoner, and remained with him till eight—I am certain of the time—I breakfasted about a quarter past eight.
COURT. Q. How was the prisoner dressed when he came into your yard? A. He was clean and washed, and had his hair curled—he was not washing himself—his jacket was on—I saw him exactly at half-past seven—there is a place to wash in in his yard—there is a washhouse at the side of hit house—nobody at Bellchamber's could see into the washhouse.
MR. CHARNOCK. Q. Do you mean nobody could be seen washing from Bellchambers' house? A. Not in the washhouse; but if he was washing outside he could be seen—he could if he was washing outside—I live not a quarter of a mile from Catherine-street—I might be five minutes running there.
ALLEN BELLCHAMBERS re-examined. I was outside my house—he was washing just outside the door where he lives—not in the washhouse—that is at the bottom of the yard—there is a water-butt by the window of his room—he took the water from the butt in a small tub, I believe—when I saw him at half-past seven o'clock his hair was curled.
NOT GUILTY .
OLD COURT.—Saturday, April 8th, 1843.
GUILTY .— Confined Two Months.
1157. JOHN THOMAS THOMPSON, alias Edward White , was indicted for feloniously forging and uttering, on the 21st of Jan., an acquittance and receipt for the sum of 6l. 10s.; also on the 13th of Jan., one other acquittance and receipt for 2l. 4s. 6d., with intent to defraud Albert Dummler and others; also for embezzling 33l., which he had received on account of Albert Dummler and others, his masters; to which he pleaded
GUILTY .— Confined Two Years.
1158. WILLIAM BENNETT , was indicted for stealing, on the 16th of Feb., 24 veneers, value 3l., the goods of Henry Bateman; also, on the 28th of Feb., 5 veneers, 3l.; and 1 mahogany board, 1l. 6s.; the goods of Isaac Ramsay and others; also on the 1st of March, 176 veneers, 10l.; and 2 mahogany boards, 7s.; the goods William Cook; to all which he pleaded
GUILTY . Aged 32.— Transported for Seven Years.
SAMUEL FREEMAN . I am a smith and bell-hanger, and live in Penny-fields, Poplar. On the 27th of Feb., between eleven and twelve o'clock in the day, the prisoner came and asked me for employment—I told him I had not half work to do for myself—he said if he could but get the use of a fire he should be able to get a crust of bread—I said it was very hard to see him starving, I would let him have a fire, which I did—two days afterwards I let him have some old iron to work up—I afterwards missed an iron carrier and screw, four hammers, and a great deal of iron, besides what I let him have to work—this is my carrier—the screw is gone—this hammer is mine, and one of those I missed.
Prisoner. Q. Did you make that carrier? A. No—I have used it—I had a lathe, but have had it melted up since.
GEORGE AYLING . I am a wood-turner, and live in Park-street, Poplar. The prisoner came to me on a Friday early in March, with this iron carrier, and asked if it would be of any use to me—I said, "Not without a larger screw"—he said he could easily make one—he left this with me, and never returned—I bought this hammer of him for 1s.—I was to give him more when he brought the screw.
BENJAMIN LAMBELL . Iam a policeman. The prosecutor gave the prisoner into my custody at a public-house in Three Colt-street, Limehouse, on the Monday afternoon—the prisoner asked what it was for—the prosecutor said, "For stealing an iron carrier"—he then said, "The carrier is my own property, I made it myself; Freeman never had such a thing in his shop; he did not know the use of it."
Prisoner's Defence. I made the carrier myself, about two years ago; Freeman does not know how to work, and I did work for him, which he could not do; he wanted money, and I sold and pawned tools and things for him; I got a job to do for some shipwrights, and he wanted to go in partnership with me, but I would not; I was told he would serve me in this way.
NOT GUILTY .
Before Mr. Justice Cresswell.
1160. JOHNSON DRING , was indicted for feloniously, and without lawful excuse, having in his custody and possession a forged note, purporting to be a note of the Governor and Company of the Bank of England; to which he pleaded
GUILTY . Aged 32.— Judgment Respited.
NOT GUILTY .
17th of March, St. Patrick's-day, I told her of her children knocking mine about, that I would not have it, and if my children did anything amiss to come to me, and I would satisfy her on it—she said she would serve me out, and look out for me—on the 17th of March I was going up to my room, she opened the door, caught hold of a jug, hit me in the face, and knocked a tooth out of my mouth—she did not speak a word to me before she struck me—I immediately went to the station.
Prisoner. Q. What did you call me before I hit you? A. I did not speak at all to you—I was going up to my own room—I must pass you door to go there.
THOMAS PRICE (police-constable T 65.) On the 17th of March I saw Daley at the station; his mouth was bleeding very much—I went to the house where he lodged, and found the prisoner in her room—I asked her for the glass saltcellar that she cut the man's face with—she said she did not do it with a glass saltcellar, she did it with a yellow jug—I took her to the station, then went back, and found these pieces of a yellow jug on the stairs.
Prisoner. I told you that Daley came into the room, and hit me. Witness. No, you did not.
BENJAMIN ALFRED ROBINSON . I am a surgeon. On the 17th of March Daley was brought to me—he had two wounds, one on the upper, and on the lower lip—one front tooth was knocked out, and the gums severely lacerated—he had received a severe blow in the mouth—it is possible that this jug might do it—he represented, at first, that it was a saltcellar—it seemed more likely to have been cut with glass than earthenware.
Prisoner's Defence. He came in to me in the evening, after being rowing twice before that week about the children; he caught me by the hair, and knocked me down on the ground; no one else was in the room; when he hit me the second blow I had the mug in my hand, and struck him in the mouth, in my own defence. I did not want to hurt the man if I could help it.
GUILTY of an Assault. Aged 45.— Confined One month.
1163. SAMUEL BASS , was indicted for stealing, on the 15th of July, at Norton Falgate, 81 yards of satin, value 6l., the goods of Andrew Peacock and another, in their dwelling-house; and that he had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
WILLIAM ADAMS . I live at No. 19, Anchor-street, Bethnal-green, and am a silk-manufacturer. I have known the prisoner about twelve months—he called on me in July last—I cannot recollect the day of the month—he came and said to me, "You are a manufacturer, are not you, Adams?"—I said, "Yes"—he said, "And you sell on commission, don't you?"—I said, "Yes"—he said, "I have a piece of black satin, will you take it out, and sell it on commission for me?"—I said, "It is no use taking any goods out, I cannot sell my own; I am obliged to pledge them"—he then said "I shall be very much obliged if you will take and pledge a piece for me"—I said, "I do not like to do such a thing, but if it is your own, I don't mind doing it, where I pledge my own"—I then went with him to his house, in Thomas-street, and he showed me a piece of black satin, on the foot of a bed, wrapped in dressers' paper—the weaver puts silk in thin picking-paper, when his work is finished—it is sent to his employer, and afterwards to the dresser, who puts it into thick paper like parchment—the paper was very much torn—he said he had got some money to make up, to send into the country, and should be much obliged if I would pledge it for him—he carried it down stairs, and walked with me as far as Cottens's, in
Shoreditch, where I pledged it in my own name for 7l.—he had changed the paper of one piece before he delivered it to me—I am not quite certain that was the piece in question—he did not go into the shop with me—I went out and gave him the 7l. and duplicate—we parted in Church-street, and I went home.
Cross-examined by MR. BALLAKTINE. Q. You were charged with having something to do with the robbery? A. I was taken, as it was pawned in my name—I was discharged by the Magistrate—I am a manufacturer and seller—there is a great deal of distress in our business, it is quite common for I manufacturers to sell on commission, and many are obliged to pawn goods at times—it is better to sell than pledge—I cannot give the exact conversation that passed—I did not know the satin came from Peacock's—they are master manufacturers I thought the prisoner manufactured that piece.
MR. CLARKSON. Q. If you had known it was Messrs. Peacocks' property would you have pawned it? A. Decidedly not—when the officer came to me I directly told him all I knew about it.
ANDERW PEACOCK . I am in partnership with Alexander Duff, and live in Spital-square, in the liberty of Norton-Folgate—we are silk-manufacturers, and have an establishment at Sudbury, Suffolk, as well as in town. I have known the prisoner many years—he was in the habit of weaving silk for us, off and on, during that time, both in the country and London—in July last he was living in London, and came frequently to our warehouse—we were not in need of pawning or selling on commission—the prisoner was a weaver employed by us—last July he worked at his own house, in Thomas-street—he used to have the material in a dyed state, unmanufactured, to weave at home—it was then his duty to bring it home to our warehouse, but he never had the piece in question to manufacture at all—we should send it to the dresser after the waver returned it to us, and the weaver would not have anything more to do with it—the pieces he made never wanted dressing at all—one was velvet and the other serge—I have my book here, which shows that the prisoner was at our warehouse in London on the 7th, 8th, 13th, 15th, and 29th of July—I saw a piece of black satin on the 8th of March at Mr. Cotten's, in Shoreditch, and know it to be our property, by my private mark on it, and the number—it measured eighty-one yards—I am positive it has never been sold—I had missed this very piece, but my stock being very large, I thought it might have been put away with others—I have gone through my book and stock to ascertain this had never been sold—the entries in the book are my son Alexander's—Kendall saw the same piece of satin—he is a dresser—I employ his master—this piece of satin is worth 6l.—it was in picking paper at the pawnbroker's—that is a thin paper, used by weavers, not by dressers—it was to cartridge paper, which is called dresser's paper, at our warehouse.
Cross-examined. Q. Except from your book, you could not know this had not been sold? A. Certainly not—we book every thing we send out.
GEORGE TEAKLE . I am a police-sergeant—I live in Bethnal Green-road. In consequence of information, on Wednesday, the 8th of March, I went to Cotten's, a pawnbroker, in Shoreditch, and found two pieces of satin, one in packing-paper, pawned for 6l. 10s.—in consequence of what I saw in the duplicate on it, I went after Adams, and found him at his own house, and brought him to a public-house—I had not got the satin with me—on our way to the station I told him what I wanted of him—he made a statement to me; in consequence of which, I sent for the prisoner, and he came to Mr. Peacock's warehouse on Thursday afternoon, the 9th of March—I said, "Well, Mr. Bass, I want to ask you a question or two; it is right I should tell you you are not bound to answer any question unless you like; have you at any time pledged any silks or satin of any description?"—he said, "I have not"—I
said, "Do you know anything about any of any sort or description, expect what you have at your own house to work?"—he said, "No, I do not"—I said, "Have you authorised any person at any time to pledge any for you?"—he said, "No, I have not, I know nothing at all about any silks whatever;" and I believe he said, "except what is in his own house"—I took him to the station—Adams was there—I said to Adams, in the prisoner's presence, "Well, Mr. Adams, do you know this man?"—he said, "Yes, it is Mr. Bass"—I said, "What do you know of him?"—he said, "That is the man I had the two pieces of satin of to pledge"—he made no reply whatever—I then locked them up in separate cells.
Cross-examined. Q. When you examined the prisoner had you any note-book to take down his answers? A. No—it was in the presence of two of Mr. Peacock's sons—I have made no memorandum of it at the time since, to my recollection—I am now positive I did not, but having had several cases since in the country, I could not at the moment recollect perfectly all that took place.
WILLIAM KENDALL . I am a silk-dresser, and live in Westmoreland-place, City-road. On the 10th of March I saw, in company with Mr. Peacock, a piece of black satin, at Worship-street office, produced by Boltwood—I saw a mark on it which I had made—it was the dresser's mark—it was dressed in my place, for Peacock and Co., on the 4th of Jan., 1842.
JOHN HURLSTON . I am second clerk to the justices at Worship-street office, and acted at the prisoner's first examination. The depositions were not prepared till the 17th of March—Adams was at first charged with Bass, and made a statement, which he signed—I took notes of what passed.
Q. Refreshing your memory by your notes, state what Adams said in the prisoner's hearing on the 10th of March? A. Adams stated, "Bass came to me and asked me if I would take some pieces of satin to sell for him by commission with his own goods;" that Adams told Bass he could not do it, as he was himself obliged to pawn his own property to raise money occasionally, and he wanted at that time to raise money—that he was in the habit, or about to take certain goods to Cottens's to pledge for himself; that Bass then said to him, "Will you take some for me with your own?"—Adams afterwards went to Bass's house, and was shown by Bass some satin wrapped in dressers paper, which he took off and placed in picking-paper, telling him he would be glad if he would take that with his own goods to Mr. Cottens and pledge for him, as he wanted a little money to send into the country; that he took altogether two pieces, one of about eighty-nine yards and the other about seventy-nine yards—not at the same time—he took one piece to Cottens-that he took one piece of satin, and there was sufficient interval between the first and second taking to allow Bass to make a piece similar to that produced—Adams was asked to sign his examination, which he did, and said further that Bass had the tickets for both pieces of satin, as well as the money—Bass, I recollect, was about to make a statement—he was checked by his solicitor; but he did say, "I did give two pieces of satin to my fellow-prisoner to pawn for me, as he says,"and added, "they were given to me by Mr. Charles Peacock"—there was a professional gentleman attended for Adams when he made his statement—after that Adams was put into the witness-box, and after that he said Bass had the tickets and money—the same professional gentleman then acted for Bass—the statement was made by Adams while he was a prisoner at the bar—Bass was remanded till the 17th.
WILLIAM BOLTWOOD . In July last I was in the service of Mr. Cottens, a pawnbroker, in Shoreditch. I produce a piece of black satin from there; also the counterpart of the duplicate given to the party—this is the piece of satin
which was produced to Mr. Peacock and the witness Kendall—I did not take it in.
HENRY RICHARDSON . On the 28th of July I was shopman to Mr. Cotten—I took in this piece of satin, and advanced 7l. on it, in the name of Adams, it was pawned by him—I knew him well for about two years—he was in the habit of pawning silks at our place.
MR. PEACOCK re-examined. This is my satin, and has never been sold.
THOMAS GREEN . I am a constable of Sudbury, in Suffolk. I took the prisoner into custody in May, 1832—he was tried at Bury sessions in July—I produce a certificate of his conviction, which I received from the clerk of the peace—the prisoner is that person (read.)
GUILTY . Aged 40.— Transported for Fourteen Years.
(There was another indictment against the prisoner.)
1164. REUBEN WILSON, HENRY FIELD, THOMAS NOKES , and JOHN SLOWMAN , were indicted for burglariously breaking and entering the dwelling-house of Benjamin Attfield, about five in the night of the 24th of March, at St. Marylebone, with intent to steal; and that Wilson and Field had been before convicted of felony.
BENJAMIN ATTFIELD . I keep a shop at No. 50, Lisson-grove. On the morning of the 25th of March, between five and six o'clock, I was disturbed and went down stairs—my shop is part of my dwelling-house, and is the lower floor of it—I found the shop door standing open, and part of the shop called the shutter-box, which is the wood-work underneath the window, was broken open—a hole was broken in it quite sufficient to admit the body of a man—I examined the shop; the till was locked; it had not been forced open, but I saw marks of an attempt to force it—a box of paste blacking had been removed from the place I had left it, and placed on a bag of split peas—I did not find that any thing had been taken away.
JOHN BENJAMIN ATTFIELD . I am the prosecutor's son. On the night of the 24th of March I was the last up in the shop—I locked and bolted the door—the shutter-box was fast with a bolt and nails—it had been nailed up for three or four years—it was not broken when I left the shop at ten o'clock.
LAWRENCE ANDERSON (police-constable D 35.) On the 25th of March I was on duty in Lisson-grove—I passed within a very short distance of Mr. Attfield's shop, about twenty minutes past five o'clock, and saw the prisoner Nokes against the door—I cannot say whether the door was then shut—I did not go up to it—he came a short distance back, to the next house, and want up, Duke-street, which is within one bouse of Mr. Attfield's shop—he came towards me to do that—I went along Devonshire-street, which is below Duke-street, towards the New-road, further from Mr. Attfield's shop—when I got to the corner of Exeter-street and Duke-street, I saw Nokes and Slowman at the corner of No. 51, Lisson-grove, which is in Duke-street, against the back wall—that is about ten yards from Mr. Attfield's house—I went back into Lisson-grove, got within sight of Mr. Attfield's shop, and saw Nokes and Slowman against the door, and Field against the end of the railing—there is a rail comes out from Mr. Attfield's door to the footway—there is no area—I saw Nokes and Slowman cross over to the opposite side of the way—Field still stood against the shop—Nokes and Slowman put something between the gate of No. 31, Lisson-grove, on the opposite side of the way, and then went up a place called Rock-passage—they stood there two or three minutes—I was watching them—I rather suspected they were watching me, and I again went back into Exeter-street, to see for another constable—previous to this I had
spoken to a person to send a constable to me—I met with Thornton, No. 109, and told him to go along Duke-street—I went up Exeter-street, into Earl-street, which is about thirty yards from Mr. Attfield's shop—I then saw Nokes and Slowman coming towards me—as soon as they saw me they turned back again, and went up Lisson-grove, towards the Nightingale—I followed them—seeing another constable on the opposite side, I beckoned for him to stop them, which he did—I asked what they did there—they said they were going home—I said, "You cannot go home, you must go with me; I think you have been doing something down here"—I and the constable took them to the station, when we saw Thornton with the other two prisoners—Wilson and Field's backs were very white, and there was some white on Wilson's cap, as though he had been rubbing against some whitening on a wall—I went back to Mr. Attfield's, and found the door of the shutter-box had been broken open—I went on to the opposite side of the way, where I had seen them go, and there found in the gate this bar of iron, which corresponds with the mark on the shutter-box, and on the till, and the bottom of the counter—in Duke-street, where I had previously seen them, I found this piece of wood, which is the skirting-board of the bottom of the door of No. 51—the door had been split.
Wilson. They never inquired whether the iron belonged to the house or not. Witness. I inquired at several houses, and of a girl in the yard of that house.
WILLIAM THOMPSON (police-constable D 129.) On the morning of the 25th of March I was on duty in Lisson-grove—I saw Wilson and Field, about four o'clock, at the corner of Duke-street, coming out of Devonshire-street, going up Lisson-grove, in the direction of Mr. Attfield's house, and about thirty yards from it.
GEORGE THORNTON (police-constable D 109.) On the morning of the 25th of March I was on duty near Lisson-grove—in the course of the morning I received instructions from Anderson; in consequence of which, I went along Duke-street, into Lisson-grove—just as I got to the corner of Duke-street, in Lisson-grove, I saw Field and Wilson come from the door of the prosecutor's shop—they were just outside the door—I could not tell whether they had been in—they walked towards me, and met me—I said, "Halloo, what do you do out this time in the morning?"—they both answered they were out for a lark—I observed that their backs, and Wilson's cap, were covered with marks of whitening—I then saw Anderson bring the other two down Lisson-grove—I searched them, but found nothing on them—I told them they must stop a bit—we then took them to the station—I went back afterwards, and found Mr. Attfield's place had been broken into—I looked over the wall in Duke-street, where Anderson said he had seen two of the prisoners standing, and saw this piece of skirting-board—Mr. Attfield had been knocked up previously.
CHARLES GREENWOOD . I am a lamplighter. I was in the neighbourhood of Mr. Attfield's shop, a little after five o'clock on the morning of the 25th of March, putting the lights out—I saw the four prisoners at the corner of Duke-street, standing at a lamp-post all together—I went down Duke-street, into Exeter-street, back again, and into Devonshire-mews—I came out again into Duke-street, and saw two of the prisoners, Slowman and Field, on the top of a little wall that looks over into Mr. Attfield's yard—I have a lamp against that wall—I went up, put it out, and went into Lisson-grove, out of Duke-street—I put out the three lights in Lisson-grove, then crossed the road, and went down a little turning directly opposite Mr. Attfield's premises—I have three lights down there—it took me some time to put them
out, as they are some way back—when I came back again into the grove, I saw Nokes standing against the shop-door, and Slowman about a yard or rather better from him, on the step of the shop-door, and I missed Field and Wilson—I directly crossed over the road to the lamp opposite Mr. Attfield's shop—there was an iron plate, where they shoot the coals down into the cellar, underneath the lamp-post—I pushed the ladder on the iron plate—it made a report—in the mean time Nokes and Slowman walked away from the shop-door—I went up the ladder—while turning the lamp out, Field crawled out of the shutter-box, next to the shop-door of Mr. Attfield—when he saw me up the ladder, he bobbed himself back again, and drew himself in—I came down the ladder, looked about, and did not see a policeman there, but I went on and put out two more lamps—I met Anderson, and told him what I had seen.
MR. ATTFIELD re-examined. There was a heap of balls of whitening in my shop, immediately behind the till, in a recess—they appeared very much rubbed in the morning.
Wilson's Defence. About half-part five o'clock I came out of doors, and coming down Lisson-grove a policeman stopped me, as I was playing along with Field; he said, "You must stop a bit; I want you, I think." We staid with him; he brought the other two down to us, and took us to the station; the station-wall is whitened, I was sitting down on the form, and I suppose the whitening came off on my back.
Slowman's Defence. On Saturday morning, the 25th of March, I was going along Lisson-grove; the policeman stopped me, and asked where I was going; I said, "To look for a job;" he said he wanted me; he took me and Nokes to the station, went away for an hour and a half, and said we had been breaking into the shop.
Nokes's Defence. I was going out to work on Saturday morning, sweeping; the constable said I must go with him; I said, "What for?" he said, he thought I had been up to no good—I went with him, and stopped at the station an hour and a half.
THOMAS HENRY THOMPSON (police-constable D 4.) I produce two certificates of the former convictions of Wilson and Field—(read)—I was present at their trials, and know them to be the parties—I have apprehended them twice since then—this is the third or fourth time Wilson has been here.
WILSON**,— GUILTY . Aged 15.
FIELD**,— GUILTY . Aged 16.
NOKES*,— GUILTY . Aged 19.
SLOWMAN*,— GUILTY . Aged 18.
Transported for Fourteen Years.
1165. WILLIAM PINK , was indicted for stealing, on the 26th of March, at Paddington, 1 watch, value 42l.; 1 watch-chain, 10l.; 1 watch-key, 1l.; 1 seal, 1l.; and 1 egg-cup, 5s.; the goods of William Gentle, in his dwelling-house; and that he had been before convicted of felony.
MR. DOANE conducted the Prosecution.
ELEANOR ILBURY . I am nurse to Mr. Seaton, of Park Villas, Paddington. On Sunday, the 26th of March, about half-past twelve o'clock, I was looking through the nursery window, from which I can see Mr. Gentle's house—I saw a man getting over the railing in front of Mr. Gentle's house, into the garden—he ran across the garden to the house, pushed up the window, and got in—I ran down stairs, crossed over, and rang the bell at Mr. Gentle's gate—the moment I rang, I saw the same man come across the garden and jump over the rails—I did not see him come out of the window—he looked round, saw me standing at the gate, and ran away—the
prisoner was brought back in about five minutes—he is the man that had got into the house.
Cross-examined by MR. PAYNE. Q. Had you ever seen the man before? A. I do not remember—I saw his face before he got in—it occupied a very small time—when he came out and saw me, his face was crossways—I was five or six yards from him—the window I was looking from was shut, I was looking through the glass.
MR. DOANE. Q. Have you any doubt that the man who was brought back was the man you saw run away when you rang the bell? A. It was the same man.
MARIA PURKIS . I am fellow-servant with Ilbury at Mr. Seaton's. I followed her over to Mr. Gentle's—when she rang at the bell, I saw the prisoner get out of the window, run across the garden, get over the railings, and run away—he was brought back in a few minutes—he is the man.
Cross-examined. Q. Had you ever seen him before? A. I never remember him. I did not see him go in—I was close to him when he came out—I particularly noticed his face, so as to know him again—I only saw him for a few seconds—he had a hat on—he went very quickly past me—he was brought back in about five minutes.
ELEANOR BRACKLEY . I am servant to Mr. William Gentle, of Warwick Villa, in the parish of Paddington. On the day in question I heard a ring at the bell—I went to the parlour, and observed the window half way up—I had been in that room not long before—the window was then about two inches up—I looked about and missed a gold watch, a chain, seal, and key from the mantel-piece; I also missed an egg-cup from the sideboard—those things were quite safe at eleven o'clock.
Cross-examined. Q. What is Mr. Gentle? A. Not anything, I believe—he is a retired gentleman—I never heard him called Sir William.
JOHN WOOTTON . I am ten years old, and live with my father at No. 7, Bell-street, Edgware-road. On the 26th of March, about half-past twelve o'clock, I was sitting on a wall near Mr. Gentle's house, and saw a man chuck his hat over the palings, and then jump over after it—when he got into the gardens he picked up his hat, put it on, and then went and got in at the window—I saw the servant go and ring at the bell, and after that the man jumped out of the window—the prisoner is the man—he jumped over the palings and ran into the road—I ran after him, and called out "Stop thief"—when I did that the prisoner dropped a gold watch—I did not stop but went on—he then checked an egg-cup into a pond—at last he had to get through some posts, and I caught hold of the skirts of his coat—he tried to get away from me, but I held on, and he dragged me along after him—while I was clinging to him some gentleman came up and laid hold of him—he asked me what I was going to do with him—I said, "Wait till the gentlemen come, and then you will see"—I afterwards accompanied the gentleman to the pond, and saw a man hook up the egg-cup with a stick—he gave it to a policeman—I took the gentleman to the place where I had seen the watch dropped, and saw a gold watch, a chain, seal, and key lying on the ground there—I saw them gives to the policeman.
Cross-examined. Q. After you had seen the watch and egg-cup dropped, did the man you were pursuing run through a nursery-ground? A. Yes, Carroll's nursery—it is a large place; there are trees in it—I got over a ditch into the nursery—there is a path into it—the man got out of the nursery, and then ran into the road, and as he was running through the posts I caught him by the coat-tail—the posts are in the Howley-road, not far from the nursery—I was about as far from him as from me to the Judge, when he was
crossing the nursery—he was not standing at the posts, he was getting through, and as he was running round two posts I caught hold of his skirts—I was sitting on the wall, looking at the man pumping the water out of his boat—there is water on the opposite side to Mr. Gentle's—I was looking towards the water, not towards Mr. Gentle's; but I turned round, and saw the man chuck his hat over the pales—I was just going to get down—I live about twenty minutes' walk from Mr. Gentle's—I go to school regularly—I had leave to go for a walk on this day—I had never seen the person before—I was about a quarter of an hour running to the posts from Mr. Gentle's.
MR. DOANE. Q. Did you ever lose sight of him after you began running after him? A. No.
TIMOTHY MORIARTY (police-constable D 191.) I heard the little boy cry "Stop thief "—I afterwards received the prisoner into custody—the egg-cup, gold watch, chain, seal, and key were given to me, and I produce them.
Cross-examined. Q. You received them from persons who are not here? A. Yes—the prisoner said he was not the man.
COURT. Q. Did you see the prisoner stopped? A. Yes—I did not see him before he was stopped—I first saw him in Howley-place—a gentleman had hold of him—the little boy was there—it is about forty or fifty yards from Mr. Gentle's house—I know the nursery-garden—it is a little way up from Mr. Gentle's, not exactly between that and where I took the prisoner, a little to the south of it—I did not see the egg-cup found.
MR. DOANE. Q. Did you retain custody of the prisoner all the while? A. Yes, while the others went with the boy in search of the egg-cup and watch, which were afterwards given to me.
ELEANOR BRACKLEY re-examined. This is the egg-cup which I had put on the side-board—this gold watch, chain, seal, and key, are what I missed when the bell rang—they are my master's property—I had seen them safe at eleven o'clock.
Cross-examined. Q. How do you know it is your master's watch? A. I have often seen it—he has frequently laid it on the table—he had gone to church, and left it on the mantel-piece—I do not remember ever having it in my hand before—there is one seal to it—I know my master's crest; I have seen it on letters which he has sealed—I do not remember it, but I should know it if I saw it; it is a beast I should say—I know the egg-cup, because we have several more like it—I had used it that morning.
MR. DOANE. Q. Does this correspond in every respect with your master's watch? A. Yes—the glass is broken.
GUILTY . Aged 20.— Transported for Fourteen Years.
First Jury, before Mr. Common Sergeant.
GUILTY .— Confined Three Months, and Whipped.
GUILTY . Aged 18.— Confined Three Months.
1168. JOHN SULLIVAN , and MICHAEL O'BRIEN , were indicted for burglarionsly breaking and entering the dwelling-house of Patrick O'Mara, about the hour of one in the night of the 1st of Feb., at St. Giles-in-the-Fields, with intent to steal, and stealing therein, 1 till, value 1s.; 1 box, 1s.; 4 half-crowns, 60 pence, 240 halfpence, and 1920 farthings, his property; to which
SULLIVAN, pleaded GUILTY . Aged 15.— Transported for Ten Years, Ship.
MR. DOANE conducted the Prosecution.
PATRICK O'MARA . I live at No. 27, Church-street, St. Giles. On the night of the 1st of Feb. I went to bed from eleven o'clock to half-past—I left Carter, my servant, to fasten the street-door—I have some shutters which go along the counter when I shut up the shop—I had a drawer for my till, which was safe when I was going to bed—I had about 2l. 5s., in silver and copper, in it, and some money in a tea-cup—there was about four half-crowns, some shillings, sixpences, halfpence, and some farthings, in a box close by—I got up between half-past five and six in the morning, and found the street-door open, and a string tied to the bolt—the door does not shut close to the ground—there is a space large enough to pass my hand under-the string came to the bottom of the door, and I suppose the bolt was pulled back by that—I missed the till, the box, the tea-cup, and the money-I know the prisoners—they have been in my shop several times—I suspect that the string must have been tied to the bolt the night before—it might be done without my knowledge—the bolt is about the middle of the door.
JOHN CARTER . I am the prosecutor's servant. On the morning of the 2nd of Feb., between one and two o'clock, I fastened the street-door—there was but one bolt to it—I did not take a light with me—there might have been a string attached to it without my noticing it, because I did not take a light with me—there is no lock to the door.
JAMES M'DONALD . I live in Church-street, St. Giles. About one or two o'clock on the morning of the 2nd of Feb. I was coming home with Michael Neal and others—I saw the prosecutor's door open, and went into the passage—I heard a rustling, and saw two persons—I went into the yard to lock for them, and heard somebody run down stairs, and out of the passage-I came out again, and went over to Langley's-passage, which is opposite, and saw the two prisoners—I cannot swear that they were the two persons that came out of the prosecutor's—I laid hold of O'Brien, and said, "What are you doing here?"—Sullivan said, "What are you following us for? we have a girl."
O'BRIEN,— NOT GUILTY .
1169. MICHAEL O'BRIEN , was again indicted for stealing, on the 10th of March, 1 watch, value 3l., the goods of John Reilly; 1 watch, 2l.; 2 watch keys, 1s.; 1 tobacco-stopper, 1s.; and 1 ring, value 3d.; the goods of Ellen M'Donald.
MR. DOANE conducted the Prosecution.
ELLEN M'DNALD . I am a widow, and live in Bainbridge-street, at a public-house, kept by my brother, John Reilly. On Friday night, the 10th of March, I missed from my bed-room two silver watches, one mine, and one my brother's; two watch-keys, a tobacco-stopper, and a ring; they had been safe in my room on the Monday before—in consequence of information, I saw the prisoner in custody, and saw found on him a tobacco-stopper, two keys, and a ring—he said nothing—there is a door on the staircase of our
house, which is kept latched—I missed the key of that door very shortly before—the prisoner lives next door to us—my watch had lost the seconds hand.
Cross-examined by MR. PAYNE. Q. Is James M'Donald your brother? A. Brother-in-law—he lives in the neighbourhood—he works for his living, and is a plasterer—I do not know whether he has been in custody—I should very likely have heard if he had been—I never heard that he had three months' imprisonment—he might have had without my knowledge—I never heard of his being taken up for anything particular—I never heard of his being in custody—I do not know anything about him further than coming up about this—he lives a street or two from where I live—he was not in the habit of coming to our house—we were not on good terms.
JAMES M'DONALD . The last witness is my sister. I live at No. 28, Church-street. On Friday, the 10th of March, I saw the prisoner in Church-street, buying a handkerchief of a boy—I stopped at the opposite corner of Laurence-street and Church-street—he came over to me, and showed me the handkerchief, and asked if I thought it worth the money—he showed me a George II. sixpence, and then he showed me a watch, the moment hand was off—I asked him to open it—he opened one part—I suspected it was my brother's watch—I asked him to open it to let me see the maker's name—he would not, and went away—I gave information next evening, about five o'clock—I told my sister-in-law, not about the watch, but about seeing him with a quantity of money.
Cross-examined. Q. You knew the watch well, you had often seen it? A. I had often seen it—I had been out at a public-house that night—I might have been there two or three hours—I have been in prison twice—three months the first time—I was sent by Mr. Laing for assaulting a policeman—it was not arising out of a charge of stealing—the second time was for an assault on the same policeman—a gentleman had been drinking, and they said he had lost some money—I do not recollect being at a police-office for any thing else—I may have been there two or three times—the first time was about seven months ago, and the last, three months.
SAMUEL NORFOLK . I am a policeman. I received the prisoner in charge on the 10th of March, at the station—Reilly told him he wanted him for robbing him of a watch, and another watch—that was all—the prisoner said nothing to it—I found on him two watch keys, a ring, a tobacco-stopper, and a sixpence of the reign of George II.
ELLEN M'DONALD re-examined. These keys are mine, and belong to my watch—they were safe in my bed-room on the Monday before, with this tobacco-stopper, which is my brother's—I have seen it about two years—the keys I have had about a year and a half—I can swear to them all.
NOT GUILTY .
1170. HENRY TURNER , was indicted for stealing, on the 3rd of April, 1 mare, price 5l.; 1 set of harness, value 10s.; and 1 cabriolet, 10l.; the property of John Perry.—2nd COUNT, stating it to be the property of William Pyle.
JOHN PERRY . I live at Robert's-mews, Hampstead-road. On Sunday evening, the 3rd of April, about seven o'clock, I gave a mare, cab, and harness, to my driver, Pyle—he ought to have brought them back next morning at seven o'clock—he came back at half-past nine, without them—I have seen them since.
Tottenham Court-road—I then had several fares—I left the mare at a quarter before seven in the morning, while I was in a coffee-shop, within twenty yards of the stand in Tottenham Court-road—when I came out it was gone—I saw a cab being driven nearly a quarter of a mile up Tottenham Court-road, at a fast rate, and the mare galloping—I had authorised nobody to take the cab and mare away—I had known the prisoner about a fortnight or three weeks—he has been a horse-keeper.
JOHN LILLSTONE . I am a policeman. I found the cab, horse, and harness, at half-past six o'clock on Monday evening, at North-end, Hampstead, five miles from the stand—the prisoner was with it—I asked if he was the driver—he said he was—I asked if he was a day-man or a night-man-he said, a night-man—I asked for his badge—he said he had none—I asked who was the owner of the cab—he said, Mr. Bailey, of Robert-street—I took him into custody—as I took him to the station, he said he took the cab off the stand, without any authority from any one.
Prisoner's Defence. The cab was left unprotected; I am in the habit of working there; I was in the watering-horse; a lady came in, and asked where the driver was; I said, "Over at the Crown;" she wanted to go to King's-cross, and I drove her there; I afterwards met a few friends, and got drinking.
GUILTY . Aged 30.— Confined One Year.
1171. GEORGE JAMES SMITH , was indicted for a robbery on Mary Cantlin, on the 1st of April, putting her in fear, and taking from her person, and against her will, 2 half-crowns, the monies of James Cantlin; and immediately before, at the time of, and after the said robbery, feloniously beating, striking, and using other personal violence to her.
MARY CANTLIN . I am the wife of James Cantlin, and live in Harcourt-street, Portland-market. Last Saturday night, the 1st of April, about eleven o'clock, I went to buy some potatoes and greens in the market—I went to the prisoner, who used to sell greens—he asked 2 1/2 d. for a bunch—I offered him 2d.—I reached him over half-a-crown, to take 2d. out for the greens—he would not take 2d.—I took the half-crown again, and went away—I had two half-crowns in my hand, and 7lbs. of potatoes in my apron—I left him, and went a little way from him—he followed, and knocked me down with a blow on my head—I know it was him—I knew him before, and there was nobody else near but him, I am quite sure—he struck me from behind—he then leaned down on my side, and when he was hurting my side I hallooed out—he gave me a blow in the mouth, shoved his thumb into my hand, took the money, and ran away—I got up, and went to look for a policeman, but could not see one-I went to the station—the sergeant told me to go on, and I should meet a policeman—I met one at the corner of the street, and took him to a house where my little boy told me the prisoner lodged, but he was not there—I was frightened when he struck me—I was afraid he would kill me—I gave a description of him to the policeman—I afterwards met him in the market on Sunday morning—I had not been drinking.
Cross-examined by MR. PAYNE. Q. Do you mean to swear you had not been drinking? A. Yes—I did not taste a drop of liquor or beer all day—I went that night, at half-past twelve o'clock, with two policeman, to Collins's house, in Hare-street—that was where my little boy said the prisoner lodged—I swear I was not drunk—I knocked at the door—Collins came to it, and the policeman asked if he was the young man who robbed me—I said, "No"—I did not reel about when I went to look at him—Collins is a fishmonger and poulterer—I met him on Sunday morning—I did not tell him I was sorry for having troubled him overnight, as I did not know who had
robbed me, but I had been informed by my boy that it was him—I did not go and insult a Mr. Ragan, a fruiterer in the market, that night—I saw the prisoner on Sunday in the same market—my little boy, who is six and a half years old, was with me at the time I was robbed—I screamed out loud, but most of the shops were shut up.
JOHN THRUSSELL . I am a policeman. I received information from the prosecutrix, and went after the prisoner—I found him in Portland-market, and said, "Young man, I want you"—he said, "Want me? oh, I suppose it is about them two half-crowns on Saturday night; you are mistaken, it was not me, it was my mate"—I had said nothing to him about half-crowns.
Cross-examined. Q. Was it not known in the neighbourhood that the prosecutrix had said she had been robbed of two half-crowns? A. I never heard of it before she came to me—I did not go with her to Collins—it was at eleven o'clock on Sunday morning that I saw her.
MR. PAYNE called
----COLLINS. I sell rabbits and fish in the market. Last Saturday night the prosecutrix came to my house, with two policemen—I went to the door—she said I was not the young man she wanted—she appeared to be very much intoxicated, drawing up towards me to see if I was the person—she staggered about very much—I saw her next morning, and she said she would not have troubled me with a policeman had she known who robbed her on the Saturday night—I have known the prisoner about three years, and never knew him dishonest.
COURT. Q. Are you what they call his mate? A. I have no mate—I have never been in any trouble.
NOT GUILTY .
1172. GEORGE CRANFIELD , and ROBERT DARE , were indicted for stealing, on the 8th of March, 1 truck, value 25s., the goods of Thomas Butler; and SAMUEL JONES , for feloniously receiving 2 wheels, value 8s., part of the said truck, well knowing them to have been stolen; against the Statute, &c.
THOMAS BUTLER . I am a green-grocer, and live at Knightsbridge. I had a truck, which I saw safe on the 8th of March, at five o'clock in the evening—I missed it about half-past six—I know Cranfield and Dare—they were at my house that night at five o'clock the first time, and the second time about half-past—they came for two separate halfpenny-worths of apples—on Friday, the 10th, I went to Smithfield to look for my truck, but did not see it—I went again on the 17th, and then saw the wheels—I knew them, and am able to swear they belonged to my truck—the prisoner Jones had them—I looked at them several minutes—a person sitting by the side of him said, "Do you want to buy a pair of wheels?"—I made no answer—he called to Jones to look out—Jones asked me if I wanted to buy a pair of wheels—I said I did want a pair, but they were too heavy for me—I asked the price—he said 8s.—I walked away—he hallooed after me, and asked what I would give for them; he could afford to take less—I got a policeman, who came up to Jones, and asked how he came by the wheels, and where the owner of them was—he said he was there a few minutes before—we took him to the station, and went to look for the man who he said he had to take the money to after he sold the wheels—we could not find him.
Cross-examined by MR. WYLDE. Q. What are you? A. I have taken to a milk-shop now—I used to go out with fruit and garden-stuff—I live
between two roads, in a very public place—I know Cranfield and Dare by sight, by coming now and then to my place to buy apples—I saw no one there but them that afternoon—my wife sells when I am out—I saw the wheels were mine directly I took them in my hand, but I was considering how to proceed to get a constable—I have had the wheels in my hand many times, and I cut a piece out myself for a linchpin to go in.
JANE CARRINGTON . I live in Orchard-street, Westminster, I know Cranfield and Dare. On the 10th of March they came to my house with some wood, and wanted to sell it—they left it till my mother came home-they came again in the evening, and my mother bought it of them—this is the wood—Dare sold it—Cranfield was with him.
ELIZABETH CARRINGTON . I am the wife of Robert Carrington. On the morning of the 10th of March Cranfield and Dare came and asked me to lend them something to break up an old truck they had had given to them—I said I had nothing—they asked me if I would buy it when they had broken it up—I said I could not tell till I saw it—I sell soup, and burn a great deal of wood—I bought the wood in the evening for 3d.—I understood they were out of work, and bought it out of charity—they had come to my place two or three times, and said they were out of work—I never bought anything of them before.
GEORGE RUSSELL . I was in Smithfield on Friday afternoon, and met the prisoners—from information, I went to that part of the market where donkeys are generally sold, and saw a pair of wheels lying there, and Jones standing by them—I asked whose wheels they were—nobody would give an answer—I said, "If I don't find an owner, I shall take them to the station, and to the Green-yard"—Jones said, "Why, they were left in my care"—I said, "Who by?"—he said, "By a man"—I said, "Where is he?"—he said, "I don't know"—I said, "If you had sold them, where should you have found him?"—he said, "Over at that public-house," pointing to it—I said, "Well, you take one wheel, and I will take the other, and we will find the man"—we went into the public-house—he said the party was not there—as we came out, he turned to a party in the bar, and said, "It is all up"—there was a public-house next door—I said, "Perhaps you have made a mistake in the house; perhaps they are here"—we went in, but he could not point anybody out.
THOMAS BUTLER re-examined. I have examined the wood carefully, and swear to it positively as part of my truck—when I first bought the truck I had some weak springs on it, and had a new leaf put into each spring—I have examined the wheels, and have no doubt they are mine—here is where I have cut it away with my knife.
Cranfield. I was at his house almost every night; he told me he had lost his barrow, and said, "If you can steal me another barrow, I will paint it up so that nobody shall know it." Witness. I did not say so—this is the first I have heard of it—I did not lose a wheelbarrow.
Cranfield. He gets his living by buying stolen property. Witness. I buy my fruit in Covent Garden-market; I do not know that it is stolen.
Jones's Defence. I was in Smithfield on Friday, and met a man with a pony and cart; I asked him if he wanted the cart minded; he said "No, not just yet;" I followed him; he stopped opposite a public-house, got out, and told me to go in, which I did; he afterwards sold the pony and cart, and gave me 2d.; he then took the wheels out of the cart into the donkey-market; the other man, who asked the price of the wheels at first, was with that man, he told that man to look after them, and told me if anybody came
up, to ask 8s. for them; and if they offered anything less, to come over to the public-house and tell him; I had not minded them five mimtet before a man came up and asked the price of them; the prosecutor said before the Magistrate he could not swear the wheels were his, but he thought so; he asked my mother to compromise, and said if she would give him 10s. he would not wish to hurt any of us; she came and asked me if she should pay it; I said no, I was innocent; I did not say it was all up at the public-house.
CRANFIELD*,— GUILTY . Aged 19.
DARE*,— GUILTY . Aged 17.
Confined Three Months.
JONES**,— GUILTY . Aged 20.— Transported for Seven Years.
1173. MARY HEBERT , was indicted for stealing, on the 10th of Jan., 1 bed, value 2l. 5s.; 1 counterpane, 3s.; 1 quilt, 5s.; 1 bolster, 5s.; 1 pillow, 3s. 6d.; 1 pillow-case, 6d.; 5 sheets, 15s.; 3 blankets, 8s.; 1 looking-glass and frame, 1s.; 1 hearth-rug, 9s.; 2 table-covers, 3s.; and 2 spoons, 4s.; the goods of Charles Elger.
SARAH ELGER . I am the wife of Charles Elger. I let the prisoner some furnished lodgings—she came home on Wednesday night, the 16th of March, intoxicated—I then examined the furniture, and missed the articles stated from the room—those produced are all mine.
Prisoner's Defence. My husband's ill-treatment is the sole cause of my being in this situation; I was compelled to leave him, and he has attempted to ruin me.
MRS. ELGER re-examined. Her husband did not live with her—she took the lodging herself—I do not think she was distressed—she drank constantly.
GUILTY . Aged 46.— Confined Four Months.
CARTER pleaded GUILTY .— Confined Three Months.
WILLIAM CRICK . I live in Coppice-row, Clerkenwell. On Thursday morning, between five and six o'clock, Macklin spoke to me—I went and missed my child's chaise—I went to Bath-street, and found Carter there, just letting go of the chaise as he saw me—he left it in Bayne's-court, and ran away—I ran after him, and took him—I did not see Musgrove.
JAMES MACKLIN . About five or six o'clock I saw the two prisoners walking in company—they passed the door twice, and the third time they came back and both dragged the chaise away from the door—I am quite sure of them—Musgrove ran away, and left Carter with it—I went in search of him on the Friday morning—I have seen him before.
WILLIAM TAYLOR . I apprehended Musgrove, on Monday morning, in Smithfield—he asked what I wanted him for—I asked if he knew anything about a child's carriage—he said they did not mean to steal it, they should have taken it back.
Musgrove's Defence. I know nothing about it, and never saw Carter, to my knowledge; I have been in trouble once but have been at work since.
MUSGROVE— GUILTY .— Confined Six Months, and Twice Whipped.
JOSEPH METCALF . I am a waiter, and lodge on Garlic-hill. On the 5th of April I was in St. Martin's-place, looking at some soldiers—Obbard gave me information—I examined my pocket, and missed my handkerchief, which I had safe about ten minutes before.
ROBERT OBBARD . I am a news-vender, and live at Westminster. About half-past eleven o'clock I was looking at the soldiers, near Charing-cross, and saw the prisoners together for about three or four minutes—I saw Asbury put his hand into Metcalf's pocket, pull out a handkerchief, wipe his face with it, and then drop it on the ground—I saw Greenslade standing by his side, holding his coat over him to conceal it—Metcalf came out of the crowd—I asked if he had lost his handkerchief, and he missed it—the prisoner were secured—they stood still, and did not attempt to go off.
Greenslade. I was not with my hand to my clothes at all. Witness. I had seen them together for four minutes—I saw them talking together—they went behind Metcalf, close together—Greenslade held his great coat out over the prosecutor, while Asbury lifted the flap of the coat up, and took the handkerchief with the other hand.
Asbury. It is nothing but falsehood he has sworn to. Witness. I never saw him before to my knowledge—I had no quarrel with him—I think I have seen him before in the Park—I live with my father.
HENRY DODIMEADE . I am a hair-dresser, and live in Denmark-terrace, Camberwell. I was at the back of the National Gallery, and saw Greenslade going along—he made two attempts at two gentlemen's pockets, which caused my suspicion—I saw a constable close by, and told him what I suspected—immediately after, when I got to St. George's barracks I saw them go behind the prosecutor, and keep close behind him—Asbury took a handkerchief, as I thought—I saw him put his hand close to the pocket, but did not see him take it out, as I was behind Greenslade, who stood close to him, and held his coat out to conceal him.
(Asbury received a good character.)
ASBURY,— GUILTY .— Confined Three Months.
GREENSLADE*— GUILTY .— Transported for Ten Years.
OLD COURT.—Monday, April 10th, 1843.
GUILTY .— Confined One Year.
JOSEPH NASH . I am a cheesemonger, and live in Little Ormond-street. On the 18th of March, about a quarter to eleven o'clock, at night, the prisoner came and asked for a piece of cheese for a lady at No. 13, in the square—she said she was cook to the lady—we had occasionally served them with cheese—I served her with 3lbs. 7oz. weight, and she went away—I followed her—she went as far as No. 8, and sat in the recess of a door for a minute—she afterwards arose, looked round, and went to the further end of the square, near Guildford-street—I went round and saw her by No. 32—I asked if she had delivered the cheese at No. 13—she stood back, and said, what cheese she had had she had bought elsewhere, and denied having had any of me—I gave her into custody.
DANIEL CHAMBERLAIN . I am a policeman. I took the prisoner in charge—she said she had bought the cheese and paid for it—she had it under her arm—she said she lived at No. 12, Upper Rathbone-place—I went there to inquire, and no such name was known—I was present when she was examined before the Magistrate—this is Mr. Greenwood's signature—(read)—"The prisoner says, I don't know the family, I never was at No. 13, Queen-square; a woman asked me to go in and order a piece of cheese, 2lbs. or 3lbs., of mild, kitchen-cheese; I never saw the woman before; I don't know her name."
(The prisoner put in a written defence, stating that she was requested by a woman to order the cheese, and to have it sent to No. 13, Queen-square, and that the never represented herself as the servant.)
GUILTY . Aged 36.— Confined Three Months.
GUILTY of a common assault. Aged 30.— Confined Three Months.
1180. SUSANNAH LAYTON , was indicted for stealing, on the 15th of March, five sovereigns and 1 10l. Bank-note, of our Lady the Queen, in her dwelling-house.—2nd Count, stating it to be the property of Joseph Timm.
MESSRS. ADOLPHUS and BODKIN conducted the Prosecution.
JOSEPH TIMM . I am solicitor for stamps and taxes—I have an office in Somerset-house—Mr. Sercombe, a clerk in my office, hands over to me every day the amount he receives—about four o'clock, on the 15th of March, I received from him two 10l. notes, and five sovereigns—I wrapped the sovereigns up in the notes, and put the whole into a drawer in the office, kept for the purposes of the revenue—I locked the drawer and left the office—I returned between ten and eleven o'clock next morning, and found the drawer locked—on opening it, I found that the notes had been disturbed—I immediately examined, and missed one of the notes, and five sovereigns—there were two Post-office orders still in the drawer, and one 10l. note left behind—I know the prisoner—I had her up the day after, and she admitted she was the person whose duty it was to clean my room—I did not know that before she admitted that she cleaned it on the afternoon of the 15th of March, and dusted it the following morning, according to her usual practice—on the 5th of April, Mrs. Collins, a charwoman in the office, brought a key to me—I applied it to the drawer, it opened it—the prisoner had been employed in the office some years.
Cross-examined by MR. CLARKSON. Q. You put questions to her? A. Yes, next morning—she came as usual on the morning after the robbery—I am not aware that she told me any falsehood—I have discovered nothing to lead me to suspect so—she told me what I have reason to believe now is a falsehood, for she denied knowing anything about the robbery—I asked her if she cleaned my room the previous day, she said she did, that she came about
five o'clock, and left after seven in the evening, during that time she saw the gentlemen of the office about, and the watchman, but did not see anybody likely to have committed the robbery; that on the following morning the came again, I think, about seven, and dusted the room—she was given into custody on Sunday, the 2nd of April—I believe the witness Gilbert was taken into custody the day before—he made no statement to me—I heard he had made a statement, on Monday morning, the 3rd of April—the prisoner was given into custody before a statement was made by anybody to me.
ISSAC HENRY SERCOMBE . I am cashier in the office of the solictor of stamps. On the 15th of March I wrote on these two 10l. notes which I have in my hand, the names of the persons I received them from, and handed then over to Mr. Timm, with five sovereigns—the name of "Gregory and Co., 15—3—43," was written on the one which was taken—this is the very note I handed over—I wrote that at the time I received it.
JAMES GILBERT (a prisoner.) I live in George-street, Adelphi—I was taken up about this note—the Magistrate committed me to be tried for receiving it—I have now come out of Newgate as a witness—I have known the prisoner about three or four years—her husband is a coal-porter, and is a tenant of my master, Mr. Thomas, a builder, and lives at No. 6, Herbert's-passage—I remember changing a 10l. note at Miss Fry's, a spirit-shop in the Strand—I got it from the prisoner, last Friday three weeks, as near as I can guess, in the evening, at her house—nobody else was present—she told me she had a note, and asked roe if I would change it for her, as she did not wish her husband to know nothing about it, as he was a man given to drink—I told her I would do so—I bought a bottle of wine at Miss Fry's the same evening—it came to 3s. 6d.—I got the change—I gave the prisoner 7l. and 3l. she gave me till I was able to pay it back again—the wine was drank at the place I was lodging at, No. 18, George-street—I went from Mis Fry's to my own place—I took the change to the prisoner afterwards—she did not come to my place—she had nothing to do with drinking the wine—I, and several more that were living there, drunk the wine—it is a lodging-house, not where women of the town lodge, that I am aware of—I did not take the prisoner the change that night, I gave it her next day—nothing was done about wine on that occasion—her husband was not at home—the prisoner and her servant were at home when I went the first time—there was a person named Hart there—I staid there all day and all night—I do not recollect what I-had there—I dined and supped there—we had some porter—her husband was there all day—he did not see me give the 7l. to her—he was not in the house when I first went in.
COURT. Q. What made him entertain you day and night in his house? A. He merely asked me to stop and keep him company—I knew him before.
Cross-examined. Q. You do not know that this is a lodging-house for girls of the town, where you lodge? A. I cannot be positive of it—I hava lived there about seven weeks—two girls live in the house—one is married-her husband is not with her—one lives on the second floor, and one on the first—the landlady is Mrs. Freeman—she is not here that I am aware of—I do not know whether they have visitors—gentlemen call at the house—I cannot say whether they sleep there or not—different gentlemen come in, for half an hour or so—I have seen four or five there a day—both the ladies go to the theatre at times—they come home sometimes with men, sometimes without—I pay for my lodging—I work it out—I pay it in this way, the landlady has a different house besides, and when there are any repairs to do I do them—she has a house in Finsbury-square, but not a house of that sort, not a lodging-house—
she lives in the house in George-street—a Scotch lady lives in the house, in Finsbury-square—I do not do anything there, only went there to lodge at night—I slept in the kitchen—I work in the day at different places—I worked at building lately, for a Magistrate, who is lately dead—Mr. Timm has asked me some questions about this, and so has Mr. Pearce, the inspector—I said at first that I got the 10l. note from a person named Morgan—that was after I was in custody—Mr. Morgan is a gentleman who came to the b----y-house.
MR. BODKIN. Q. When were you taken into custody? A. Last Saturday fortnight—on that occasion I told Mr. Pearce I had taken it from Morgan—I saw Pearce again on Sunday—I sent for him, and then stated what I have to day.
ELIZA FRY . I keep a wine and spirit shop in the Strand. On the 24th of March, Gilbert came for a bottle of wine, which came to 3s. or 3s. 6d., and gave me this 10l. note—I paid it to Coutts—I wrote on it Mrs. Freeman's name, as he had been in the habit of coming from there—I do not recollect asking Gilbert for any name—I knew Mrs. Freeman as the person he lived with—it was after eleven o'clock at night that he came—I gave him nine sovereigns, and the rest in silver.
HARRIET SCRIVENER . I am in the prisoner's service—I am stillliving there, and have done so about twelve months—I know Gilbert—I have often Men him at the prisoner's house, two or three times in a week, all the time I have been there—he was there on Friday, the 31st of March—he came about one, I think, and staid all day and all night—I have seen him there since—her husband was at home—I had seen him there the same week, I cannot say about the week before.
ELIZABETH COLLINS . I am the wife of John Collins. I have been employed as charwoman at Somerset-house for twenty-one years—the prisoner has been employed there between nine and ten years as charwoman—die prisoner cleaned Mr. Timm's room—I did not see her there on the 15th of March, but I heard her voice, speaking to somebody—I left her there at seven o'clock, in the passage—Mr. Timm sent for me on the note being missed—on the 5th of April, about seven in the morning, I looked on the top of my cupboard, and found a key—the prisoner has a cupboard close to it—a coal-bin separates it from mine—I was frightened, and called the charwoman on the same floor—I gave Mr. Timm that key at twelve o'clock—I saw him apply it to his drawer, and it opened it immediately.
Cross-examined. Q. There are people who come to die premises who have access during the time they are cleaned, and afterwards? A. There is always one watchman and one policeman on duty every night, who go through the whole of the premises—at the time she leaves it is her business to leave the door open—Mr. Timm's door was never locked—the watchmen are ordered to go round four times a night.
COURT. Q. Are there any more cupboards belonging to other people were? A. Not in that passage—anybody in the office passing the cupboard might put the key there—I never saw Gilbert there—strangers go to and fro, but not after office hours, which is four o'clock—a watchman is then placed to prevent anybody going in.
NICHOLAS PEARCE . I am an inspector of the A division of police. I took the prisoner into custody on this charge, at her lodgings, No. 5, Angel-court, Strand—I told her I took her for stealing a 10l. note and five sovereigns from a drawer at Mr. Timm's office—she made no reply—I took her before the Magistrate—I took Gilbert into custody the evening before—he made a statement to me—I was at the station on Sunday—a message was brought to me, and I went to him—he then made another statement to me, on which I took the prisoner on the same evening, Sunday the 2nd of April.
Cross-examined. Q. Did you see the prisoner on the 16th of March? A. I did—she gave me an account of her engagement at the office, both that night and the following morning—as far as I can ascertain it is true—Gilbert first said he had got the note from a Mr. Morgan, who used to visit a lady at this house—that he was in the passage, and he had given the note and change to Morgan in the passage—he gave me a key that unlocked a box at his lodgings, in which I found two sovereigns, and about 17s. in silver—I found no money on the prisoner—the house in George-street is a house of ill-fame—the house in Finsbury-square is kept by the same person—she goes by the name of Freeman.
ELIZABETH COLLINS re-examined. I do not recollect seeing the key on the top of the press the day before—a pair of boots had been lost twelve month before, and we found one on the top of my press—that made me look then; and I found the key—I did not think of that before the 5th of April—it was spoken of by the woman in the office, that brought it to my mind—the boots had been found there, and a messenger was dismissed in consequence of it-the key was just at the edge, in the dust—there was a little bit of the bow of the key shining through the dust—my husband is not employed in the establisbment—he is employed at Pimlico—he does not come to the office—I can not say when the key got on the press—I knew the prisoner was in custody when I looked there—there was nobody with me.
NOT GUILTY .
1181. JOHN MACKENZIE ELPHINSTONE , was indicted for stealing, on the 31st of March, 1 coat, value 3l., the goods of William Heriot; and 1 cloak, value 3l., the goods of Robert Young, in the dwelling-house of the said William Heriot.
WILLIAM HERIOT . I live at No. 15, Belgrave-street, New-road. This is my coat—Robert Young lives in the same house with me—this cloak is his—they were lost from the hall of my house on the 31st of March—an alarm was given at a little after eight o'clock in the evening—I went to the hall, and missed them—I had seen them safe about an hour before—I found the prisoner at the station shortly after, with them—it is my dwelling-house, and is in the parish of St. Pancras.
Cross-examined by MR. BALLANTINE. Q. If your coat worth 3l.? A. I paid between 4l. and 5l. for it about twelve months ago—it is a Chesterfield.
SARAH GRAY . On the 31st of March I was in the service of Mr. Heriot—I heard a knock at the street door, and found the prisoner there—he put a brown-paper parcel into my hand, and told me to inquire if that was right-there was, "No. 15, Belgrave-street" written on it—I left him at the door, and took the parcel up stairs to mistress—she sent me down directly—I found the street door shut, and the cloak and coat gone from the rail-I looked into the street, and saw him running away—I saw the coat and cloak at the station the same evening.
Cross-examined. Q. Had you seen him before? A. No—I am quite certain about him—I paid particular attention to him.
WILLIAM HUDSON ATTO (police-constable E 120.) On the 31st of March I heard a cry of, "Stop thief" near the corner of Belgrave-street—I saw the prisoner running round the corner with something on his arm—I ran after him, down the New-road, when just close to him, he threw the coat and cloak at me—I picked them up, still pursued him, and never lost sight of him till he was stopped.
GUILTY of stealing only.
1182. JOHN MACKENZIE ELPHINSTONE , was again indicted for stealing, on the 8th of March, at St. Marylebone, 3 coats, value 15l.; and the skirt of a riding-habit, 5l.; the goods of Alexander Cameron, in his dwelling-house.
HARRIET HONEYSETT . I am in the service of Mr. Alexander Cameron, of Beaumont-street, Portland-place, in the parish of Marylebone—it is his dwelling-house. On the 8th of March, about eight o'clock in the evening, there was a knock at the door—I found the prisoner there—I am quite sure of him—he asked if a gentleman named Aspinade lived there—he said he had brought a note for him—I asked where he brought it from—he said, from Clapham-rise, and he would wait for an answer—I took the note up with me, leaving him in the hall—I went up to Colonel Aspinade, who lodges in the house—he opened the note—I did not wait till he had read it, for as I opened the drawing-room door I heard the street door slam—I found it shut, and missed from the rail three cloaks and the skirt of a lady's riding-habit—they were worth 20l.—they have not been found when I tried to open the street door I found a string attached to the railing, which prevented it opening wide—we managed to get through—this is the note—(the note purported to come from John Young, of Clapham-rise, making inquiries respecting the character of a servant.)
Prisoner. Q. Did not you say at the station you was not exactly positive I was the man? A. The collar of your coat was up; I said, to the best of my recollection, you was the man; but when your collar was down I was certain of you—I have not the least doubt of you.
Prisoner's Defence. I was out of town at the time this happened; I was placed in a cell, with two persons wearing jackets; if it had not been intimated by the policeman that I was taken on a similar charge, and had a blue coat, I should not have been identified; fourteen or fifteen females came to identify me.
H. HONEYSETT re-examined. They did not say he had worn a blue coat—I had given a description of him, and the policeman, who came to our house said they had a man answering my description.
GUILTY . Aged 31.— Transported for Fifteen Years.
(There was another indictment against the prisoner.)
NOT GUILTY .
OLD COURT.—Tuesday, April 11th, 1843.
NOT GUILTY .
1185. MATTHEW BERESFORD , was indicted for unlawfully obtaining, by false pretences, 1 sovereign and 14 shillings, the monies of Charles Augustus Ramboul, with intent to cheat and defraud him of the same.
NOT GUILTY .
Before Mr. Recorder.
GUILTY of a Common Assault. — Confined Six Months.
NOT GUILTY .
NEW COURT.—Monday, April 3rd, 1843.
1188. CHARLES YORK , was indicted for stealing, on the 31st of Jan., 8oz. weight of tin, value 4d.; 8oz. weight of tinned iron, 4d.; and 4oz. weight of wire, 4d.; the goods of Alfred Fowler and another, his masters.
MR. CLARKSON conducted the Prosecution.
JAMES BRANNAN . I am a police-sergeant of the G division. On Tuesday, the 31st of Jan., between seven and eight o'clock in the evening, I went to the premises of Messrs. Fowler and Swift, tin-plate workers, No. 73, St. John-street, with Mr. Swift—I met the prisoner, in company with a man named Woodrop, in the passage leading to St. John-street—Mr. Swift the elder spoke to Woodrop—Swift, junior, followed York, and brought him back to the counting-house—I told him I belonged to the police, and asked if he had any of his master's property about him—I was in plain clothes—he hesitated—I pulled his coat open, and in his side coat-pocket, underneath his handkerchief, I found three pieces of tin, which I produce—Mr. Swift said, "How come you with these?" and asked if he had any more property about him—he said, "No"—I pulled off his hat, and found this wire which I produce—Mr. Swift gave him in charge—I found the articles in the presence of Mr. Swift.
Prisoner. Q. You said young Mr. Swift followed me out? A. He followed you to bring you back.
Prisoner. But he did not follow me out of the yard; I was going to take off my hat; you said, "No. I will do that for you;" there was not all that wire in my hat, there was only one piece. Witness. I kept the wire I found in his hat separate.
ROBERT FOWLER SWIFT . I am not a partner in the house of Fowler and Swift—Mr. Fowler's name is Alfred. I remember the day when I had got—Sergeant Brannan opened his coat, and took out these pieces of tin—our Sergeant Brannan there—I brought the prisoner into the counting-house men are not allowed to take our materials home—they are prohibited from doing so—these pieces of tin are used for making handles to the covers of saucepans—Brannan asked him if he had anything more—he said, "No"—he took off his hat, and found this wire—I have missed property of this sort, and believe it to be the property of the firm—we have between thirty and forty men at work there—he had no authority to take these things away.
Prisoner. Q. Did you bring me back? A. Yes—I followed you out about four minutes after I saw you go past me and speak to the other man.
JOSEPH SHACKLE . I am an inspector of police. The prisoner was brought to the station, and the tin and wire were produced—he first stated he had taken them to take home to make saucepan-handles—Mr. Swift told him that was not allowed.
Prisoner's Defence. Unfortunately for me, I was at work by the side of
another man who was here last session; I was going to take the work-home to make up, and bring them back in the morning.
(John Lee, of Brick-lane; William Nell, Pool-terrace, City-road; Henry West, King-street, St. Luke's; and William Clithero; gave the prisoner a good character.)
GUILTY . Aged 25.—Recommended to mercy by the Prosecutor and Jury.
(There was another indictment against the prisoner.)
GUILTY .— Confined Four Months.
GUILTY . Aged 24.— Confined Twelve Months.
(The prisoner received a good character.)
GUILTY . * Aged 18.— Confined Six Months.
ELIZA MARY ANN NEWELL . I live with Mr. May, a watchmaker, in Myddleton-street, Clerkenwell; the prisoner lived with my master as an errand-boy. On Tuesday morning, the 7th of March, I was in the kitchen, between seven and eight o'clock—I had 1s. 6d. lying on the dresser—the prisoner came down into the kitchen several times—I left the kitchen while he was there—I was up stairs five or ten minutes—I then came down, and he was gone into the shop—my money was gone—I went into the shop and said, "David, I have lost 1s. 6d."—he said, "Have you?" and two or three times in the course of the morning he asked if I had found it—I afterwards spoke to my master—after I had been out and come back, my master called me—I saw the prisoner with his boots off, and my master showed me a sixpence.
SAMUEL MAY . I reside near Hornsey; my place of business is in Myddleton-street. On the 7th of March, when I came to town, my foreman told me of this—I called the prisoner—he turned his pockets out in my presence, and said he had not taken the money—I afterwards found a sixpence of the money in his boot—he began to cry, and said he had taken the money, and the shilling he had spent, 6d. in pastry and 6d. in a toy—I then took him to the station—he had been with me about seven months—I never found anything dishonest in him—I will take him again.
GUILTY . Aged 13.— Confined One Day.
ANNS, pleaded GUILTY .— Confined Four Months.
GEORGE HAWLEY . I am a cow-keeper, and live in Theobald's-road. My fowls were in my yard, in front of my stable, in East-street Mews, on the 3rd of March—I met the prisoners that afternoon together, coming out of my
yard with a load of dung in a cart—after they were gone I missed my fowls, and pursued the prisoners—I met them in Bridge-street, Blackfriars, after they had emptied the dung, and I found my three fowls in the nose-bag, which was buckled round the shaft of the cart—these are them.
cross-examined by MR. PAYNE. Q. Vickers was taken at the time, was he? A. Yes—he said he knew nothing about them—one of the fowls was alive, and two were dead—Vickers was the person who generally went with the cart.
GEORGE JESSOP (City police-constable, No. 339.) I was called by the prosecutor, who had stopped the cart—he said they had got some fowls and eggs in the nose-bag, tied round the shaft—I took the prisoner Vickers, and took the nose-bag to the station—I found in it a live fowl, another with its neck put out, and another with the head clean off—I found two eggs is Vickers's pocket—one of them was broken—the other was this nest-egg, which is marked with ink.
(Vickers received a good character.)
VICKERS,— GUILTY . Aged 30.— Confined Four Months.
HANNAH EDWARDS . I am in the service of Mr. John Riddy, a green-grocer, at Ball's-pond. This basket is his—I saw it safe with some potatoes in it about three weeks ago, inside his shop door—the officer brought it back—it was about three parts full of potatoes—I am quite sure it is Mr. Riddy's.
HENRY THEOBALD (police-constable N 235.) On the 6th of March I was in Ball's-pond-road—I saw the prisoner in front of Mr. Reddy's house—he came towards me about twelve or fourteen yards—he then stopped, went back, and placed himself before the door, drew himself on one side, and I saw the light shine against him—he then came walking from the house, and when he came opposite me he stumbled—I heard something fall in the ditch—I crossed over, and asked what he had got—(I saw that he had this basket of potatoes)—he said it was all right—he had got potatoes, and I found this basket was about half full—he said he bought them between the two lamp-posts—I took him back to Mr. Riddy's house, and called Mrs. Edwards—he appeared to have been drinking.
Prisoner's Defence. I had a holiday, and got much the worse for drink; I met a man near the turnpike, who offered me the potatoes for sale; I gave him 1s.; he ran away, and left the basket and potatoes in my hand.
GUILTY . Aged 40.— Confined One Week.
GUILTY . Aged 18.— Confined Four Months.
GUILTY . Aged 34.— Confined Four Months.
1197. GEORGE PECK , was indicted for stealing, on the 4th of March, 1 till, value 1s.; 1 bowl, 2d.; 1 half-crown, 5 shillings, 3 pence, 45 half-pence, and 2 farthings; the property of Samuel Fenn; and that he had been before convicted of felony.
CAROLINE HEATH . I live in London-street, Fitzroy-square. I was at my brother-in-law's house, Mr. Samuel Fenn's, in Robert-street, on the 4th of March—I was in the back parlour that evening, and heard the till drawn out—I looked into the shop, and saw a boy on his hands and knees, with the till—he ran out—I followed him—the prisoner joined him directly, and they ran up the street together—I did not see the prisoner with the till, but I heard it drop in Doughty-street, which is just round the corner, and I picked up this wooden bowl, which had been in the till—it was then empty—there was silver in it when it was taken, and copper in the till—I had been to it about a quarter of an hour before—there was then a half-crown in the till, and some shillings—the till was given me by the policeman—these are the till and the bowl.
Prisoner. Q. When the boy came down the street had not I turned the corner? A. No, you joined him directly, and ran with him—you were standing outside the door when he came out.
JOHN MILES (police-constable E 131.) I was on duty in Doughty-street—I saw the prisoner and another smaller boy—the prisoner ran away as soon as he saw me following him—the prisoner threw this till away, and I caught him in Guildford-street.
Prisoner. I was running after a boy; a gentleman stopped me; you were coming up the other street, and sprung your rattle; it was pitch dark; did you see me throw the till away? Witness. Certainly; I saw you throw it down; there were plenty of lamps in the street; I am quite sure I saw him throw it away; he had it under his left arm; the other boy went towards Gray's-inn-lane.
Prisoner's Defence. I saw a little boy running with something, and that lady called out stop him—I ran after him, and a gentleman stopped me.
GUILTY . Aged 17.— Confined Twelve Months.
NEW COURT.—Tuesday, April 4th, 1843.
Sixth Jury, before Mr. Common Sergeant.
1198. GEORGE SMITH , was indicted for stealing, on the 29th of March, 3 gowns, value 2l.; 8 shifts, 16s.; 10 night gowns, 10s.; 1 printed book, 3s. 6d.; 3 petticoats, 5s.; 6 nightcaps, 3s.; 10 handkerchiefs, 5s.; 1 pair of stays, 5s.; 1 yard of ribbon, 6d.; 16 aprons, 12s.; 1 towel, 6d.; 1 pair of cuffs, 3d.; 11 pairs of stockings, 5s. 6d.; 3 pockets, 1s.; 6 shawls, 2l.; 1 teapot, 6d.; 2 boxes, 5s. 6d.; 1 bag, 6d.; 1 smelling-bottle, 6d. 1 brush, 6d.; and 1 account-book, 3d.; the goods of Sophia Winter; to which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
THOMAS NESHAM . I have one partner, and am a carpenter and builder, and live and carry on business in Theobald's-road—I had premises in Red Lion-place, Cock-lane, West Smithfield—my business had ceased to be carried on there, and we moved to Theobald's-road—within the yard which encloses the premises in Cock-lane there was a tenement inhabited by the prisoner—in consequence of receiving information on the 28th of March, I went to Christ's Hospital, where I knew the prisoner worked—I said to him, "Clarke, I have had a letter, informing me that you have property belonging to us in your cellar; I don't know whether it is true or not; but if it is not, it will clear your character from any suspicion in our minds, and we shall be very glad to say that you are an honest man; if there is nothing in the cellar, you will have no objection to let us look"—he said, "I don't know why I should let you look in my cellar; it is a funny thing to want to search a man's house"—I said "Very well; of course I cannot compel you; if you do not, we must proceed in the regular way; I must go and get a search warrant"—he said "Very well; if I must I must"—I said, "Here is an officer, who will go with you"—Death was with me—I and Death then accompanied him to his house—he said, "I have a couple of boxes of yours there"—I said, "Very well; let us have a look at them"—it was dusk—I got a candle; and when I got into the cellar, I found it as full as it could possibly be of wooden laths, boxes, scaffold boards, lengths of scaffold poles, and two or three butlocks—a great many of the scaffold boards had our name on them, and a brand mark, L. and N., our initials, on them—these are them—here is another board with our brand mark on it—I found the boxes he spoke of in an inner cellar—they had been made by me—my gates are generally shut at six o'clock at night, and opened at six in the morning—the hospital is about 300 yards from my premises.
Cross-examined by MR. CLARKSON. Q. You say that when the prisoner came to the cellar, he said "I have got two of your boxes there"—did you ever breathe a syllable of that till this moment? A. I did to the alderman—I believe the prisoner has been twelve years employed at Christ's Hospital, and works there from six in the morning till nine at night—I believe his character up to this time has been unquestionable—this is my name—(looking at his deposition)—before I signed it it was read over to me, and I was asked if it was correct—I said, "Yes"—I do not recollect whether I was asked if I had anything to add to it—I do not see in my depositions anything about the prisoner's saying he had two boxes of mine—I did not consider it material—I repeated it to-day, because I was asked to repeat what took place—I repeated it before the Magistrate—I will take my oath of it.—(The witness's deposition being read merely stated—"From information I received, I went on Saturday to the prisoner, who is a labourer in Christ's Hospital, with an officer—I told him I had received information that he had goods of our's in his cellar—I asked him to allow us to look—he at first refused, but I told him if he did not I must proceed in the regular way—then he went with us")—I never had anything to do with a prosecution before in my life, and I did not know that what I repeated before the Magistrate was necessary to be put down—I repeated word for word to the Magistrate what I have here—I have heard that we have a man in our employ of the name of Dan—I do not know him, not by name—we have got 300 men in our employ—I do not know them all—I cannot say when that board, that bears my initials on it, was missed—the boxes were missed about a fortnight before I found them—we have two or three thousand boards of the same description—I do not know whether the laths were ever missed—I have only brought these things, as they are more distinctly
marked—I do not know whose handwriting this letter is in—(looking at one)—I have made inquiries of every person who lived in Clarke's house whether they knew any thing about it—it is an anonymous letter—I do not know how many persons lived in the prisoner's house—I only saw one person—I asked the prisoner if it was his cellar; he said, "Yes"—I do not know how many of the families that live in the house use the cellar—the prisoner opened the cellar-door for us, I think, without a key—I think the door was open at the time we went—I am not aware of any boy taking boxes to a place called the Fortune of War—I have never heard of it before—I do not know of some boxes being returned by Dan that had been taken by a boy belonging to him to the Fortune of War—this is the first I have heard of it—there is a door to the cellar opening into the prisoner's room—you pass through the prisoner's room into the cellar—I do not recollect whether there is another door—I do not think there is—I did not pay attention—I do not recollect the situation of the place—I got to the cellar through the prisoner's house—I got to his house through the gateway that leads to our premises—we have twenty or thirty men working there—they could not go from our premises to the prisoner's cellar that I am aware of—they must go through his room to do it—I saw no other opening—I went up another staircase to go to the lodgers—I do not know whether there is another cellar at the side of the house—I went into all the cellars he showed me—I saw no opening out, except the one I went in at—I am not aware that you can get to the cellar in any other way.
MR. DOANE. Q. How many stories are there to this house? A. I only saw one story above the prisoner's room—you must knock at the door of the house before you can get into his room.
OLIVER DEATH (City police-sergeant, No. 201.) I accompanied Mr. Nesham to Christ's Hospital, where the prisoner worked—Mr. Nesharn said to him, from information he had received, he heard that he had some of his property in his cellar, would he have any objection for him to look?—the prisoner at first hesitated—Mr. Nesham told him if he did not, he would take the regular way—after some few moments, the prisoner said there two boxes which were left there by some man—Mr. Nesham asked him if there was anything else? he said no; there might be a piece or two of wood—I then went with the prosecutor down into the cellar, and it was packed very nearly full of wood, ends of scaffold poles, mason's butlocks, and large pieces of timber, as much as a man could lift—I think there was a cart load altogether—the prosecutor picked out some of these pieces, which he identified by the marks on them—the prisoner was given into my custody, taken to the station, and detained there—I went back and cleared the cellar.
Cross-examined. Q. What sort of a cellar is this; how do you get in or out? A. Through the prisoner's room—there is another way, but the door was fastened inside—I tried it, for the purpose of seeing, and it was bolted—I expected to find it bolted, because I thought, by the look of it, it was not often opened—the wood was packed against the door—I did not go into the lodger's rooms—there might be five or more—I did not tell the Magistrate that the prisoner said there were two boxes there, left by some man, and that there was nothing else, but there might be a piece or two of wood—I was not asked two questions before the Magistrate—I have been in difficulty myself—my deposition was read over to me before I signed it—I was asked if it was correct, and whether I had any thing to add—I said I had not—(read—"I took charge of the prisoner and produce the property.")
MR. DOANE. Q. Was the property piled up against that door, so that you
could not get in from it? A. Yes, you must get in from the prisoner's room.
Cross-examined. Q. Have you a man in your employ of the name of Dan? A. I believe the masons have a man of that name—I missed seven boxes—I remember their being produced by a boy from the Fortune of War—I believe the boy was a nephew to the master-mason in Mr. Nesham's employ.
MR. CLARKSON called
WILLIAM FRANKS . I am a plasterer, painter, and glazier, and live at the prisoner's house, in Cock-lane—I lived there two years—he works in Christ's Hospital—he goes out at six o'clock in the morning, and returns about seven or eight in the evening—I occupy the lower part of the premises—there is a cellar there, which I have access to at all times—I put things into it-five different persons lodge in the house—there are two entrances to the cellar—the cellar door is generally open, there is no lock on it—I never used any key—the door of the prisoner's room is generally open—we have a right of way into this cellar—you can go into the cellar from the yard, without going into the house—that door is always open, so that any one passing up the yard could put anything in—I bring my own tools, boards, and steps home sometimes, and put them there—boards and steps, and things connected with our trade.
MR. DOANE. Q. Do you remember the day when the officer searched, and found all this property? A. Yes—I had been in the cellar on the morning of that day—it was not full of this property at that time—I went in at the side door as usual, I mean the outside door—I did not go through Clarke's room, I have no right to do so—there was certainly not a cart-load of property there then—I went through the door the first thing, and took my things away—the place was then in the usual state—I shut the door after me—it was about half-past six o'clock—I did not afterwards go round through Clarke's room to bolt the door—it was not bolted when I left—I could get through that door with facility at six o'clock in the morning—there was no property piled against it at that time.
MR. CLARKSON. Q. You are quite sure that that side door was open that morning? A. Yes.
----PAYNE. I acted as clerk to the Justice at the prisoner's examination—I have read through my short-hand notes which I took on that occasion, and do not see that Mr. Nesham mentioned anything about the prisoner having stated to him that he had got two boxes of his in his cellar—I should say if that had been stated, I should have taken it down, but one does not like to say that every word was taken down—I should say it did not take place, or I should have noted it.
MR. DOANE. Read your short-hand note. A. (Reading) "Thomas Nesham, of No. 68, Theobald's-road, says, we occupy premises in Red Lion-place, Cock-lane, Smithfield—the prisoner lives at one corner of our yard—from information we received, I got an officer, went to his house, and told him we thought he had some property on his premises of ours—he let us search—I found the cellar nearly full of goods, and other things, the principal part of which I believe to belong to us—I can swear to the scaffold-poles now produced—they have our mark on them—also the boxes—one is No. 5,—the other No. 2.
Cross-examined by a SOLICITOR for CLARK. we have given up business there, and removed most of our things to Theobald's-road—I saw a man and woman lodgers in the prisoner's house"—that was all he said—I always take down the statements of witnesses from their lips,
before I know what the charge is—the charge in this case turned out to be having this property on his premises.
Q. Might not Mr. Nessam have stated before the Alderman that the prisoner told him he had two of his boxes in the cellar, and you not have taken it down? A. I should not like to answer for anything of that sort here in Court—I know every word I have noted was said—a great deal which is not evidence is sometimes said, about taking which I use my discretion—I should be sorry to swear positively that Mr. Nesham did not make that statement before the Justice, but if it had been said, I should no doubt have noted it.
MR. CLARKSON. Q. Have you any doubt of the great materiality of such a statement? A. There is no question I should have noted it had I heard it.
(The prisoner received a good character.)
GUILTY . Aged 38.—Strongly recommended to mercy by the Jury.— Confined Four Months.
1200. JOHN DAVIS , was indicted for stealing, on the 22nd of May, 1 bed, value 15s.; 1 counterpane, 5s.; 1 bolster, 4s.; 2 sheets, 4s. 6d.; 1 blanket, 2s. 6d.; and 1 looking-glass and frame, 2s. 6d.; the goods of Thomas Clarkson, since deceased.
MARY CLARKSON . I am the widow of Thomas Clarkson—I let a furnished room to the prisoner on the 22nd of June, 1839—it contained these articles—about July he came home one night tipsy—I went up stairs to put out the light—he was sitting at the foot of the bedstead—I said to him, "Where is my bed and bedding?"—he said, "Get out, or I will kick you down stairs"—he got up to do it—I went and told my husband—the prisoner went away, and locked the door—his wife came on Saturday night and promised, in his presence, that the things should be brought back the following Saturday—his wife brought back a bolster, and said the prisoner was gone for the bed, but he never came back with it—I did not see him till he was taken.
Prisoner. Q. How long did I live with you? A. About two years—my husband was not aware that these things were pledged till it was found out—we found the tickets in the prisoner's room when he was gone—I found the articles in pledge.
Prisoner. Q. Did not your husband lend me another bed? A. No, I did.
Prisoner's Defence. I expected to get a job, and told him I would redeem these things; I did not get the job; he wished to get my father's security; I said if he would give me a little more time I would get them out; he was always threatening me, and at last I went away.
GUILTY . Aged 38.— Confined Six Months.
MR. DOANE conducted the Prosecution.
RICHARD BUTLER . I am a labourer in the employ of Mr. Henry Hall, of Neesden. About half-past five, o'clock, on the 8th of March, I and Clark were about the garden—I saw Patrick in the rick-yard—he was Mr. Hall's servant—soon afterwards Sherriffe, the bone-man, went down the road with his horse and cart—he drove close under the hedge, by the rick-yard—Patrick brought part of a truss of hay from the rick-yard, and delivered it to Sherriffe, who put it into the cart, and covered it with sacks—he then got into his cart, and drove off as hard as his horse could gallop towards Acton—he kept looking behind him—after telling my master, I went towards Hammersmith,
met the officer, went with him to Hammersmith, and took Sherriffe—the hay is worth 1s. 6d.
Cross-examined by MR. PAYNE. Q. How far were you from the rick-yard? A. About a hundred yards—there are some trees, but not more than I could see through—I have seen Sherriffe's cart before—he had a very poor horse—Hammersmith is about six miles from my master's.
JOSEPH CLARK. I was with Butler—I saw Sherriffe drive up, as he has described—I saw Patrick hand the hay into the cart, and the sacks put over it—I went in pursuit—Sherriffe was taken.
Cross-examined. Q. How far off were you? A. About a hundred yards—Butler was at work with me—I had seen Sherriffe before—I was near enough to see it was him.
RICHARD TREVIER (police-constable T 33.) About a quarter before seven o'clock I was on duty in Friar's-place, Acton—I met Sherriffe with a horse and cart—he is a dealer in marine-stores, and lives at Hammersmith—I asked if he had an old mat for sale—I looked into his cart, and saw about three parts of a truss of hay, partly covered over with old sacks—he was going gently at the time, but the horse was warm, as though it had been going fast—he passed on—soon after that I saw Butler and Clark—they told me what had happened—I followed and took him at Hammersmith—I found no hay in the cart, but a little in the sack—the cart was littered with hay, and the back of the horse likewise—I have not been able to find where the hay went to.
(Patrick received a good character.)
PATRICK,— GUILTY . Aged 21.—Recommended to mercy.
Confined One Month.
SHERRIFFE,— GUILTY . Aged 24.— Confined Three Months.
THOMAS LEISHAM . I am a seaman, living in New-court, New Gravel-lane. On the 16th of Feb. the prisoner called on me—I had some trowsers hanging on my bedstead, and a purse containing three sovereigns—we drank together—the prisoner saw me take the purse out of my pocket—I put it again into my trowsers-pocket—about a quarter of an hour after the prisoner left me I missed a sovereign—he had a moleskin jacket on—I asked what he had done with his own jacket—he said he had pawned it the day before, as his money was done three days ago—I paid for the drink.
Cross-examined by MR. HORRY. Q. Were you ill at that time? A. Yes—I gave him 1s. to get some rum—any one that wanted to go to the yard must go through that room—I had 19s. loose in silver in the pocket where the purse was—I had seen the sovereign in the purse when I sent him for some rum—I did not give him a sovereign to change—he is a shipmate of mine—he always behaved very well.
WILLIAM HARVEY (police-constable K 274.) I went after the prisoner about eleven o'clock at night, on the 16th of Feb., and found 5s. 7 1/2 d. on him—he was drunk—I asked him where he got the money—he said, "From home."
NOT GUILTY .
WILLIAM HENRY GODDARD . I am porter to James Smith, a wine-merchant, in Crescent-place, Bridge-street, Blackfriars. About twelve o'clock, on the 28th of Jan., the prisoner came to the warehouse—he told Mr. Smith he wanted four dozen of wine, to go to Chancery-lane, I do not know that he said who for—I went with it on a truck—he went before, and was at the house when I got there, and helped me in with it—there were two covered baskets—the house belonged to Mr. Pearson—I was ordered by Mr. Smith not to leave it without the money—I waited an hour and a half before I was told that Mr. Pearson was come in; and while I was looking after my track, part of this wine was gone—I then made up my mind not to wait any longer, and went to take it—I found a dozen and nine bottles were gone—it had been placed opposite the bar, inside—none of it has been found—the landlady and a great many customers were there at the time.
Prisoner. I had two samples of wine to take to Edward-street, Portman-square. Witness. Yes, but it was before this—they were taken to Mr. Milman's, and he paid.
SARAH PEARSON . I am the wife of Thomas Pearson. I ordered four dozen of sherry—they brought two dozen of sherry, and two dozen of port—my husband tasted the sherry, and said he would not have anything to do with it—the prisoner took it away from the counter—in two or three hours after I saw him take two or three bottles from the basket out of the passage, and put them under his arm, under his coat—I had not sold him any wine.
Prisoner. The bottles I took out of the basket were two sample bottles.
COURT. Q. Did you have the sample bottles? A. No—my husband said it was not equal to sample, and would not have it—the sample bottles are half-pints—those under his coat were quarts.
Prisoner. The samples were delivered into Mr. Pearson's possession two or three days before; these quart bottles were put on the counter, the corks drawn, and they were not so good as the sample; samples are never taken back again. Witness. I saw my husband and another person taste some bottles—I do not know what became of them—Goddard had not missed these twenty-one bottles at the time I saw the prisoner go out with the bottles.
Prisoner's Defence. I have always been in the habit of taking wine out; they have given me good samples, and have sent bad Cape, and it has turned sour; I have been obliged to go to a better house; this wine was booked to me; I have been wounded, and am incapable of lifting a basket of wine.
GUILTY . Aged 65.— Confined Six Months.
HENRY EVANS . I am footman to Mr. Gibbons, of Ashford. I keep my money in a drawer in the pantry—on Thursday, the 24th of March, I marked some sixpences and pence, and placed them in the pantry drawer, as usual, in a bag—the prisoner was employed there to clean knives and shoes—I heard some one go into the pantry—I immediately after went into the pantry, searched the drawer, and found I had lost two sixpences, two pence, and ten halfpence—I accused the prisoner of it—he denied it—I searched him, and found all the money on him—this is it
GUILTY . Aged 14.— Confined Three Months.
about half-past three o'clock, I marked two half-crowns, and put them into a large leathern bag—the prisoner was in my workshop at the time—I left him there about half-past three—I was away about a quarter of an hour—when I returned I examined the bag, and missed one of the half-crowns—I sat down to work till half-past six—I then got an officer, told him to stand outside, about fifty yards from the shop, and I would send the prisoner out on an errand, and to take him in charge—after he was outside I accused him of having the half-crown—he laughed—he was taken to Denmark-street and examined, and it was found in his coat lining—I identified it.
Cross-examined by MR. BALLANTINE. Q. Have you told us all that occurred? A. I think I have—I kept at work for two hours after I had found he had robbed me, because I wished to consider it over—I had made up my mind to detect the thief before I marked the money—I have had no quarrel with him of any kind—he has not threatened to leave me—he said at one time, about two months ago, he was not satisfied—that was the only time—I did not promise to raise his wages then—I don't recollect entreating him to stay, or promising to raise his wages—I should say I could not forget it—when I gave him into custody, he said he had not taken any half-crown; if he had one about him, some one must have put it there—I don't recollect whether he said I put it there—he did not say so when I gave him into custody—he said something of the sort at Lambeth-street—he said some one had put a piece of cloth in hit coat—he mentioned no name—I had not done any thing to his coat at any time—he never charged me with doing it—he did not say I had done it for a lark till he got to Lambeth-street, and then I heard him say something of the kind.
COURT. Q. Had there been any complaint against you for putting any thing in his coat? A. No, I swear I never did such a thing.
JAMES GEORGE (police-sergeant H 10.) I received the prisoner in charge for stealing a half-crown—he said, in presence of the prosecutor, he supposed it was put into his coat, the same as a piece of cloth was the week previous, but he did not put it in himself—I found the half-crown sewn between the lining of his coat and the skirt, just by the tail.
Cross-examined. Q. How did you get it? A. By cutting a hole—as soon as I took the coat I found there was a piece of money in it—I did not take the prisoner into custody—the officer who did is not here—I did not hear the prisoner charge the prosecutor with doing it—he said, "There was a piece of cloth put in my coat last week, and I suppose this half-crown is the same; I did not put it in myself"—the prosecutor did not make any reply—the prosecutor did not point out the place where the half-crown was—he said he was convinced the half-crown was in the coat somewhere—the prisoner took his coat off and gave it to the other officer to search.
COURT. Q. Was there any mark in the coat of any cloth having been put in? A. I did not notice it.
PRISONER. Here is one hole in the coat where the prosecutor put the cloth in, and here is where he put the half-crown in—I did not sew them up, because I thought something might happen, as I saw the prosecutor was so spiteful. NOT GUILTY .
JOHN SHAW . I keep a soup-shop in Drury-lane. On the 25th of Jan. I had a broken square of glass—the prisoner came and said he would put it in for 2s. 10d.—I told him to do it—he cut out the glass, and said he would be obliged to me to let him have 2s. to get the glass—he said, "You may as
well let me have another 2d."—I gave it him—he said, "I shall not be long before I return"—I never saw any more of him—he had put in two squares before—I had no hesitation in giving him the money; but he always left his tools behind him before—my young man met him on the 4th of March, and gave him in charge.
Prisoner's Defence. I bought the glass; but a woman and child ran against me and broke it—it cost me 1s. 11d.—I was out of employ, and was unable to purchase another.
NOT GUILTY .
GUILTY . Aged 21.— Confined Six Months.
WILLIAM HUSSEY . I lodge in High-street, Portland-town. I had a trowel and brush safe about half-past five o'clock on the 30th of Dec.—I left them in a cupboard in a new building—I missed them the next morning—these are them—they are mine.
Prisoner's Defence. I pawned them for my brother, and bought the ticket of him—he is committed for trial on another case.
MATTHEW MALONEY . I am the prisoner's brother, and am a dealer in accordions. I live in Chapel-street—my brorther lives with his mother—his brother has confessed he stole them, and he has robbed me of other things.
NOT GUILTY .
ELIZABETH ROHRS . I am the wife of William Rohrs, a sugar-baker, and live in Pell-street, Ratcliffe-highway. On the 13th of March I was in an omnibus with a child in my lap, going towards Notting-hill—the prisoner got in at Cornhill—I am sure he is the man—he sat on the right side of me—I was on the left side—he was nearer the door than I was—I had a bag on my right side, the same side as the prisoner sat—I had a purse in my bag containing a 5s. piece and a shilling—I saw the prisoner's hand move—a lady sat opposite me—she looked at me, and I thought of my bag—I put my hand down to take my bag up, the purse was hanging out, and it dropped—I took it up, examined it, and the 5s. piece and the shilling were gone—I laid hold of the prisoner's, arm as he was going to get up directly I felt my purse—I caught hold of his coat, he put his hand up to the side of the omnibus door, and I saw a 5s. piece in his hand—I gave an alarm, and the conductor ran after him—I am sure he is the man.
Cross-examined by MR. BALLANTINE. Q. How long had you an opportunity of seeing him? A. He got in at Cornhill, and got out at the Mansion-house—he was in about a quarter of an hour—the omnibus stopped at the Mansion-house, and he got out there, immediately after he took my money.
PRISCILLA WILSON . I was in this omnibus—I saw Mrs. Rohrs—I saw the prisoner—as soon as he got into the omnibus he looked at the bag, which laid on the seat—he put his coat out, and I saw him put his hand under his
coat, where the bag laid—I nodded to the prosecutrix to take notice of it—she stopped him—he put his hand behind him to another man.
Cross-examined. Q. Are you sure of the person? A. Yes—he got in at Cornhill—the omnibus stopped at the Mansion-house for a passenger, and he jumped out immediately.
WILLIAM FRYER . I am conductor to this omnibus. The prisoner got in opposite the Exchange, and got out at the Mansion-house—it is a very uncommon thing for a person to do that—the lady laid hold of the prisoner's coat—I ran after him—he had paid me 6d.
GUILTY . Aged 21.— Transported for Seven Years.
1210. WILLIAM BOOTH , was indicted for stealing, on the 7th of March, 46lbs. weight of printed paper, value 11s. 6d., the goods of John Cleave.—2nd Count, for stealing 1,000 numbers of the "English Chartist Circular, and Temperance Record for England and Wales, "value 11s. 6 d.
JOHN CLEAVE . I am a bookseller, in Shoe-lane, Fleet-street, I published a periodical called the "English Chartist Circular"—I have occasionally employed the prisoner—he had no authority from me on the 7th of March to fetch from my bookseller any stock—I had not seen him for three weeks previous.
Cross-examined by MR. DOANE. Q. Some of this publication was at a bookseller's in Lovell's-court, Paternoster-row? A. Yes—I have a porter named Fisher.
JOSEPH BLACKMORE . I am an errand-boy, in the service of Mr. Carlisle, a bookseller, in Lovell's-court. Between ten and eleven o'clock, on the 7th of March, the prisoner knocked at the door, and asked if Mr. Cleave's had been there—I said, "No"—he said he came for some of those things up stairs—he stepped up stairs, got two bundles of the "English Chartist Circular," and came down—they were Mr. Cleave's—I saw him go out with them.
GUILTY . Aged 20.— Confined Three Months.
NEW COURT.—Wednesday, April 5th, 1843.
Fifth Jury, before Mr. Common Sergeant.
WILLIAM GOFTON, JUN . I live with my father, William Gofton, in Farringdon-street. On the 8th of March, about twelve o'clock, I saw a telescope safe—I afterwards missed it—this is it—it is my father's—I know nothing of the nature of the prisoner's mind.
GILBERT M'MURDO, ESQ . I am surgeon to this gaol. I have daily attended the prisoner—I believe him to be of weak mind—he has done a great many things which lead me to that conclusion—I cannot say that he is insane, but he is of weak mind.
NOT GUILTY .
The prosecutor did not appear.
NOT GUILTY .
JAMES LYNCH . I am a tailor, and live in North-street, Back Church-lane. About half-past nine o'clock, on the 11th of March, I was coming down stairs to throw a drop of dirty water down the pipe, and discovered part of the pipe was gone—I had seen it safe a little before that—it was used at different times during the day—this is it to the best of my opinion—this piece fits exactly with where it was broken off—I know it by the size and the appearance of it.
Cross-examined by MR. PAYNE. Q. It is not yours, is it? A. Yes—I took the house six years ago—I pay 4s. 6d. a week—the pipe was stolen two years ago, the landlord made it good, and said if anything happened afterwards I should make it good—I agreed to it.
CORNELIUS FOAY (police-constable H 98.) On Saturday evening, the 11th of March, about half-past eight o'clock, I saw the prisoner go into Fisher's marine-store shop—he came out with this pipe on his shoulder—I stopped him and asked him how he came by it—he refused to give any account of it—I have compared the pipe—I believe it corresponds in every respect.
Cross-examined. Q. He told you where he lived? A. Yes—the pipe was fixed to the house.
GUILTY . Aged 22.— Confined Six Months.
FRANCIS ELSOM . I am in the employ of Charles Bath, a pawnbroker, in Goswell-street. We had some waistcoats hanging outside the window on the 21st of March—I saw them safe about six in the evening—the officer brought back some—I then looked over the stock, and missed them—these are them—there were two of the original duplicates on them.
EDWARD HARDING (City police-constable, No. 274.) I was on duty on the evening of the 21st of March, a little after six o'clock, and received information, and went to the prisoner—I found on him these three waistcoats—he said he bought them in Petticoat-lane—I found him in Charter-house-street, Long-lane, which is a very little distance from the prosecutor's.
Prisoner's Defence. I bought them in Petticoat-lane, in presence of two policemen.
GUILTY . Aged 18.— Confined Three Months.
JOHN KING, JUN . I live in Newgate-market, and am the master of Bates. On the evening of the 25th of March, about half-past six o'clock, I was busy in my shop—a young man outside came in and told me something—I went into Mr. Wood's shop, and found two legs of pork—the large one, which was mine, was hanging up behind some beef in Mr. Wood's shop—I had seen it safe about five o'clock the same day.
Cross-examined by MR. PAYNE. Q. Is there not a custom in the market for persons to buy at different shops, and have the meat all deposited at one shop, so that they might take it away together? A. I never saw it done yet—I never sent meat to another shop for people to take it away—Gay was in the employ of Mr. Wood—I know the leg of pork, because I cut it off myself, and it had been in my shop two or three days—it was worth 3d. a pound wholesale—I took it away from Wood's, and hung it up in my shop—it was ordered to be given up again, as it was a perishable article—I can swear it was mine, I cut them straight instead of slanting.
WILLIAM TITFORD . I am an undertaker, and live in King's-cross. About half-past six o'clock in the evening of the 25th of March, I stopped opposite Mr. King's shop, to purchase a leg of pork—I saw Bates take it from a hook connected with Mr. King's shop—he put it on the board at Mr. Wood's, and said, "All right"—Gay was there—Gay then took the leg of pork, carried it to the end of Mr. Wood's shop, and put it behind two quarters of beef.
Cross-examined. Q. Could they see you? A. No; their backs were towards me—I went in and spoke to Mr. King.
BATES,— GUILTY . Aged 18.
GAY,— NOT GUILTY .
JOHN KING . On that day I had a second leg of pork—I saw it safe about five o'clock—Titford told me something—I went to Mr. Wood's shop, and looked behind some beef, and saw the leg of pork hanging—it was mine—I knew it by a lump of bone on the end of the leg—I looked over the legs I had, and missed that one.
Cross-examined. Q. You did not look till you had heard something? A. No, I had not missed it till I saw it at another shop—I swear it had never been sold—I always weigh them myself—I am there all day—no one could sell it without my seeing it, and taking the money—I have my dinner at a stall in the shop—Bates was there, and sells—Mr. Titford came into the shop from outside.
WILLIAM TITFORD . About a quarter of an hour after I had left Mr. Wood's I came back and saw Bates take a leg of pork from the same hook, and throw it down to Gay, who took it up and carried it to the same place behind the two quarters of beef—Bates said to Gay, "All right"—he looked through the railings to Mr. King's—he saw he was not looking at him, and then he took it away.
Cross-examined. Q. How came you to be there? A. I am in the habit of going there to buy meat—Gay was standing inside the stall-board—I was exactly behind Bates when the second leg was taken—I was close to him—Mr. Wood was inside his shop, and Mr. King was inside his own shop, about ten or twelve feet from Gay—Gay passed his own master to hang up the leg of pork—I firmly believe his master knew of the transaction—I know nothing of either of them.
BATES,— GUILTY . Aged 18.— Confined Three Months.
GAY,— NOT GUILTY .
GUILTY . Aged 25.— Confined Three Months.
GUILTY . Aged 59.— Confined Six Months.
GUILTY . Aged 42.— Confined One Month.
JAMES CROFT . I live in Ranelagh-place, Pimlico. My handkerchief hung out on a line to dry on the 10th of March, about half-past ten o'clock in the morning—it was missed about twelve in the day—this is it.
JAMES INMAN . I am a watchman. On the 10th of March there was a cry of "Stop thief," and the prisoner was running—he got through the bar I keep, and I followed him—as he ran down Eaton-square this handkerchief dropped from his person—I picked it up—he still ran till he crossed the Queen's-road again, and I got him there—I am sure he is the boy that dropped it.
Prisoner's Defence. I was standing just by the Queen's mews, somebody ran and dropped a handkerchief; I picked it up, and put it into my pocket; they still ran after this man, and as I came back a greengrocer's boy said, This one picked it up."
GUILTY . Aged 19.— Transported for Seven Years.
1221. GEORGE JONES , was indicted for stealing, on the 10th of March, 1 bag, value 6d.; 1 shilling, 1 sixpence, 1 groat, 3 halfpence, 8 farthings, and 3 pieces of paper, called pawnbrokers' tickets; the goods of Robert Jackman, from the person of Emily Harriet Jackman.
EMILY HARRIET JACKMAN . My father's name is Robert Jackman. I was walking with my brother in Brunswick-street, Hackney-road, about seven o'clock in the evening, on the 10th of March—I had a bag on my arm containing two shillings, one sixpence, three halfpence, eight farthings, and three pawnbrokers' tickets—I saw the prisoner and another man behind me—they both made a snatch at my bag, and ran up Cumberland-street—I am sure the prisoner was one of them—I ran after him—he was stopped by a policeman—I knew him again—the bag was found within a few yards of where he was cought—it belonged to my father.
ROBERT JACKMAN, JUN . I am ten years old. I was walking with my sister—two men, one of whom was the prisoner, snatched her bag, and ran up Cumberland-street—I ran after the prisoner, and he was stopped—I am sure he was one of the men.
Prisoner. They said at first that I snatched the bag, and there was nobody along with me. Witness. I saw the bag in his hand when first he snatched it.
HENRY WHALE (police-constable N 148.) I heard the cry of "Stop theif," and saw the prisoner running, followed by these children—I saw no one before him—when he saw me he jumped into the road—I jumped after him, and laid hold of him—the bag was about half a dozen yards from him—it contained one shilling and the other money stated.
Prisoners Defence. I heard the cry of "Stop thief," and ran.
(The prisoner received a good character.)
GUILTY . Aged 22.—Recommended to mercy.— Confined Six Months.
BENJAMIN HALCROW . I am shopman to Mr. William Hall, of Judd-street, St. Pancras. About five o'clock in the afternoon of the 15th of March, the prisoner came in—I was behind the counter, and saw her take a piece of print from just inside the door—I ran out, and saw her drop it—I picked it up, went after her, and caught her—I only lost sight of her while she turned the corner—I am sure she is the person.
(The prisoner received a good character, and her master engaged to employ her again.)
GUILTY . Aged 14.— Confined Three Days.
THOMAS HUNTER . I am assistant to Thomas Butler, a linen-draper in Shoreditch. I put a piece of print in the doorway, on the 9th of March—I saw it safe between nine and ten o'clock in the morning—I did not miss it till the policeman brought it—this is it—it is my master's, and has our mark on it.
JOSEPH PRICE (police-sergeant H 15.) I was on duty on the 9th of March, about six o'clock in the evening—I saw the prisoner, in company with two others—they went to Mr. Butler's doorway—the prisoner took this cotton from the rail at the doorway, and placed it under her cloak—I went up, and took it from her, took it to the shop, and it was identified.
Prisoner's Defence. Two girls took it down, and I picked it up.
GUILTY . Aged 18.— Transported for Seven Years.
JAMES ANDERSON . I am carman to John Pearson Key, a grocer in Bishopsgate-street. About five o'clock in the afternoon of the 7th of March, I was driving my cart, containing casks, mats, and bags of sugar, and twelve lumps of sugar behind, in Kingsland-road—I heard somebody behind the cart—I turned, and saw the prisoner run from my cart with a loaf of sugar in his arms—I ran after him, and asked what he was going to do with it—he made no reply, but dropped the sugar, and ran across the road—I caught him immediately.
Cross-examined by MR. WYLDE. Q. I suppose you had never seen him before? A. No—I am quite sure of him—I kept him in sight all the time.
GUILTY . ** Aged 20.— Transported for Seven Years.
1225. THOMAS M'DERMOTT , and JOHN TOOLE , were indicted for stealing, on the 15th of March, 1 copper, value 10s., the goods of Philip de Gruchy; and fixed to a building.—2nd Count, not stating it to be fixed.
PHILIP DE GRUCHY . I live in Pentonville. I had a house in Colling-bridge-place, and had a copper in the back kitchen—I saw it safe on the 14th of March, and missed it on the 15th—I have no doubt this is it—the bricklayer who coloured the brickwork a few days before, is here.
Cross-examined by MR. WYLDE. Q. You had this copper on the 14th? A. Yes—I should not be able to swear to the date, unless I had written it down—the house was under repair—there was only one workman there—the key was left at my house, three doors off, because I had bolted the house the day previously, but I had another house next door, which was open, and I have no doubt they got in there, as we saw the foot-marks—I could not discern the foot-marks of more than one person—no one could get in without the key.
Cross-examined. Q. What are you? A. A bricklayer—I locked the house up on the Saturday, bolted the front door, and came through the next house—the copper was then safe—I coloured the walls on the Saturday.
THOMAS TYLER (police-constable N 275.) About eleven o'clock at night, on the 15th of March, I saw the two prisoners coming along a field, and carrying something—I waited against a gate—they went into an inclosed place, and I then heard them make a noise—I went to the place, and found three coppers—this is one of them—Toole said, "Let us go this time; you are a young man yourself."
M'DERMOTT,†— GUILTY . Aged 18.
TOOLE,†— GUILTY . Aged 18.
Confined Ten Months.
PHILIP DE GRUCHY . I collect the rents for Mr. Richard Bleakey—he has an unoccupied house at No. 13, Southampton-street—I was there on the 10th of March, and the copper was safe—the next morning I missed it—I have examined this one—there are marks about it that I know, and there is colour about it.
WILLIAM FULBROOK . I am a bricklayer. I was at work at Mr. Bleakey's house—I have examined this copper, and have been to fit it with the place—it exactly fits the brick-work—I have examined the colouring in the copper and on the walls, and it corresponds.
JAMES DYER (police-sergeant E 2.) On the morning of the 13th of March I saw the prisoner in Holborn, carrying this copper on his shoulder, covered over with a piece of drugget—I asked what he had got—he said, "A copper"—he was going to sell it, and it was one he had taken in exchange for one he set at Holloway—I asked where—he said he could not tell the place, but could show it to me—I went with him to No. 7, Eden-grove—he said that was the house, and he had set a smaller one, and when I went into the house I found it was a larger copper than this.
(The prisoner received a good character.)
GUILTY . Aged 43.—Recommended to mercy.— Confined Three Months.
GUILTY . Aged 18.— Confined Three Months.
1228. JOHN GIBSON , was indicted for stealing, on the 22nd of March, 1 pot stand, value 5s.; 8 feet of pewter-pipe, 5s.; 23 measures, 23s.; 35 metal cocks, 5l.; 1 key, 1s.; and the movements of 2 clocks, 5l.; the goods of William Vickress; to which he pleaded
GUILTY . Aged 16.— Confined Ten Months.
1229. JAMES CLARK , was indicted for stealing, on the 15th of March, 7 knives, value 2s.; 7 forks, 2s.; and 1 table-cloth, 1s.; the good of George Barrick and another, in a certain vessel in a port of entry and discharge; to which he pleaded
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 19.— Confined Six Months.
JEREMIAH GALLAHER . I manage the business of my mother, Ellen Gillaher, of Rosemary-lane—Buckley lives opposite us—on the 4th of March he came and told me something—I went after the prisoner, and collared him—the policeman came and took him—the shoes fell from him—he was walking quite gently—these are my mother's shoes—they were safe a quarter of an hour before.
Prisoner's Defence. I was walking through Rosemary-lane, and this accused me; these shoes were dropped, but I never dropped them.
GUILTY . Aged 18.— Transported for Seven Years.
WHITE, pleaded GUILTY . Aged 17.— Confined Nine Months.
GREW, pleaded GUILTY . Aged 18.— Confined Six Months.
SAMUEL STOCKTON . I am a draper, and live in Church-street, Hackney I have one partner—I had twenty-three and a half yards of calico—I did not miss it till I saw the policeman with the prisoners—this is my property—I know it by having ray private mark on it.
WILLIAM FRENCH (police-constable N 151.) I saw White take the calico on the 6th of March, and give it to Grew—White and Towell were watching then—I had seen Towell with them before—I had followed them for twenty minutes—they were walking and talking together, and Towell ran
away with White—I took White and Towell on the 11th—they ran-away as soon as I stopped Grew with it.
Towell. I was not there at all. Witness. I saw them in Church-street—they were watching a dealer in marine-stores, about 150 yards from this place—they had been watching about at different doors.
TOWELL,— GUILTY . Aged 19.— Confined Nine Months.
JOHN JOHNSON . I am a butcher, and live in St. Martin's-lane. The prisoner was in my employ—on the 14th of March in consequence of circumstances, I gave information to the police to watch—about nine o'clock the policeman brought the prisoner into my shop with four pieces of mutton—three pieces were taken from his hat, and one was buttoned up in his coat—I had not authorized him to take them—it was my meat.
Cross-examined by MR. WYLDE. Q. How long was he in your employ? A. Nearly six weeks—the first week or two he bought a couple of joints a week for his own customers, with my approbation—he mentioned it to me at the time I engaged him—my boy carried them for him, and brought the money back—he paid me, and I allowed him something—I do not know that he bought meat at other places—I never reproached him for purchasing meat of other persons—he always had his board and lodging of me—I am not aware that he meant to leave me and go to his former master—I gave him a week's notice to leave—that was not in consequence of his having meat of other people.
WILLIAM LAYLAND (police-constable F 100.) I watched, and took the prisoner—I asked him where the meat waa—he said he had none—I searched him, and found a breast of mutton in his trowsers, his coat was buttoned over it—he had two chops and another piece in his hat.
Cross-examined. Q. Did not he make another statement when you took him? A. On my road to the station, he told me he was going to leave the next day, and he had taken this meat to keep him a day or two after be left.
GUILTY . Aged 29.— Confined Three Months.
1234. RICHARD SMART , and WILLIAM KEY , were indicted for stealing, on the 22nd of March, 130 yards of printed cotton, value 5l. 18s. 3d.; the goods of Charles White and others; and that they had been before convicted of felony.—2nd COUNT, stating it to belong to Benjamin Creed.
Cross-examined by MR. DOANE. Q. Did you pack them up? A. No, nor see them packed—I can swear to these being the goods.
Cross-examined. Q. Are you quite sure these are them? A. I can swear to the mark on the paper—I directed it myself, to "William Horton, Walworth."
BENJAMIN CREED . I am the Peckham Rye carrier. I received this parcel from Mr. Lewis, in Bread-street—I got on to Guildhall Tap, which is our booking-office—I went on to Walworth—I then missed the parcel—I believe this is the parcel.
lads that I have known for years—two of them were the prisoners—to the best of my opinion, Key is the one that struck me violently—I am perfectly sure the prisoners were the persons—I looked attentively at them, while I pretended to look at my fruit—they were walking about a carrier's cart which was standing there—I kept my eye on them, and I saw the young man who is not detected, jump into the part, and take the parcel out—he took it as far as Rose-alley, and put it from his shoulder on the shoulder of Smart, saying, "We are all right"—they then went to Moorgate-street, all three together—the man that took the parcel said to the others, "We will call a cab"—I still was after them, and as I got to a baker's shop, I said, "They will give me the double," as there was a new sewer making—I then collared Smart, and said, "You villain, you have assisted to rob the carrier's cart at Guildhall, and you are a notorious thief"—he said, "I got it from a man in the street"—I said, "Yes, your brother thief, but you shall go no further; come, gentlemen, assist me, if you please; I am the poor Irishwoman who sells fruit at Guild-hall-buildings"—I took the parcel off Smart's shoulder—he said, "Take the parcel, I had it from a man in the street"—he got away, and the other two ran away—I gave the parcel to an officer.
Cross-examined. Q. How long have you been in this country? A. Twenty years—I have not given two or three accounts of this—I am not rather hasty—the police have locked me up once, for asking for my own, not for drunkenness or bad conduct, or for an assault—an ancient elderly gentleman came up to me, and said, "Let the man go"—I had to go up three times—the Hon. Sir Peter Laurie broke my evidence, because the parcel was not there—I afterwards went befor Sir Matthew Wood.
Cross-examined. Q. Were you at the investigation of this case before Alderman Farebrother? A. No—I was at Guildhall on the Tuesday—I did not see Selina Hudson there—I did not see any woman applying about a will—I did not hear any woman say she was present at the transaction—I was not applied to by Smart or his mother about a woman, to get her attendance, if I could—I did not say I should be able to do for him at the next examination, nor anything of the kind.
Key's Defence. I wish to have Beaton called, to prove that I was at her place on the night the robbery was committed.
MARY ANN BEATON . I live at No. 4, Thomas-court, Arthur-street, Golden-lane. Key was at my place from three o'clock till five on Wednesday, the 22nd of March, with a young woman who was lodging with me, of the name of Catherine Sullivan—she had a young child who was taken very ill, it died about five o'clock; and Key went out about five o'clock, and was out about twenty minutes or half an hour—he then came in, and was in my place till half-past ten o'clock—my mother is in the hospital, and I have the room to myself—I have three brothers to take care of—there are different persons live in the house—I don't know Thomas Noon nor Michael Noon—I swear I don't know any such persons—I do not know Smart—I am a ladies' work-box liner—I lined a dozen boxes for Mr. Worcester, of Long-lane, before twelve o'clock that day.
MR. DOANE called
SELINA HUDSON . My husband is a baker, and lives at Highbury—I was before an alderman last month on a case of my own, respecting some goods which were left me by will—while I was there I saw the prisoners there—I asked a person, who I believe was a friend of the prisoner's mother, what they were brought up to answer for, and I ascertained it was for stealing a parcel from a carrier's cart in Guildhall—I think on Wednesday, the 22nd of March, I was coining through Great Bell-alley, Moorgate-street, at seven o'clock in the evening, and a man about forty ran past me with a parcel, and a boy was after him, crying "Stop thief"—he turned and said, "You won't have me"—I went on, and saw an old woman with a bundle; she was making a remark, that the man had run down Bell-alley, and he had struck her on the cheek—my curiosity led me to follow her, as there was a crowd—I saw her go over to a door and get the parcel, and go with it to a public-house by Guildhall—she said she saw three men, one got in the cart and took the parcel, and gave it to another one—she came out of the public-house in about five minutes without the parcel—she went over to her stall, and I left her there—she had not hold of Smart nor any one then; and Smart was not the one that I saw with the parcel, nor the person that she said struck her, for I described the man to her.
COURT. Q. Where were you married? A. At Stepney Church—I live with my husband—I know nothing of the prisoners—they are strangers to me.
BRIDGET COOTE re-examined. Q. Who was it struck you? A. I rather think Key—I collared Smart, and said, "You have robbed the cart, and you shall go no further"—the other man was as young as either of the prisoners, and he had a fustian jacket—I saw a gentleman about forty, who came up to me at the baker's door—I gave him the parcel to hold—he said I had done myself great honour.
Cross-examined. Q. Had you him in custody? A. It was a joint case—I had two prisoners in custody concerned in the same case with him, and he has been in custody repeatedly since—I knew him previous to that and since then—I know he is the person.
COURT. Q. Do you know Mary Ann Beaton, who came about Key? A. I do; and I am sorry to say she stood here and swore to what was palpably false—her room is a common receptacle for thieves.
SMART,†— GUILTY . Aged 20.
KEY,— GUILTY . Aged 18.
Transported for Fouteen Years.
GUILTY . * Aged 18.— Confined Two Months.
1236. CATHERINE ELLARD , was indicted for stealing, on the 13th of March, 1 chronometer, value 12l.; and 4 watches, 53l.; the goods of James shearer, in his dwelling-house; and that she had been before convicted of felony.
in Devonshire-street, Queen-square, in the parish of St. George the Martyr—he is my uncle—on Monday, the 13th of March, I was left in charge of his premises—there were some watches in a side-board drawer in the front parlour—I do not know how many—there was a gold and a silver one, and others—the drawer was not locked—I saw them safe about ten o'clock on Monday morning—I was not out of the house that morning; but I was not in that room—I missed the watches a little past two o'clock the same day—I have seen two of them since—there were five lost altogether—this now produced is a gold one that was in the drawer—it is Mr. Shearer's—it is worth about 25l., I think.
Cross-examined by MR. PAYNE. Q. Where were you at ten o'clock, when you saw the watches? A. In the front-parlour—I went afterwards to the shop, which may be twenty yards from the door—it is at the bottom of the yard, at the back of the house—we get into the parlour from the street by the front-door—there is a servant in the house, but she is not here—the parlour door was not locked—I do not know whether the street-door was left open—I never saw the watches after ten o'clock—my uncle has no partner—I know this silver watch—these are what are generally called pocket chronometer—it has Mr. Shearer's name on the dial—I know the watch to have been in the drawer that day—Mr. Shearer does not make many like this—he is not here—he trusted me to manage the business that day—I know this gold watch by its general appearance—it was in the drawer that morning—perhaps there is nothing on this watch that would not be on any watch that he made—he went out of town on the Sunday, and came back on Monday night.
COURT. Q. How long had you known any of his watches, and known his business? A. About thirteen years—I was engaged with him in business, I was working for him, and acquired a knowledge of what he had.
BENJAMIN SCHRADER . I am assistant to Mr. Sowerby, a pawnbroker, in Chiswell-street. On Monday, the 13th of March, this small gold watch was offered to me by the prisoner about half-past five o'clock in the afterooon—she asked me to lend her 4l. on it—I asked if it belonged to her—she said no, to her master, Mr. Williams, No. 30, Charterhouse-square—I asked if he gave it her to pledge—she said yes—I asked if he was at home—she said yes—I asked her to come round to the counting-house, and I would go and see him—I went to open the door for her to go in, but she had run away in a different direction—I went after her, and saw her at the bottom of a street turning out of Chiswell-street—she was coining up the street, and on seeing me she turned and ran away—I caught her, brought her back, and gave her in charge—she then said a man had given it her outside, and asked her to pledge it.
Cross-examined. Q. Had you ever seen her before? A. No—I know she is the same person by seeing her before my eyes, and by her dress, and more particularly by a crack in her lip—I am not mistaken in her—we see a great many persons in a week, occasionally some hundreds.
JOHN ROADKNIGHT (police-constable G 167.) I was on duty in Chiswell-street on that evening—I went to Mr. Sowerby's shop, and found the prisoner—she was given into custody—they said she had offered a valuable gold watch to pledge—in going to the station she said a gentleman gave it her to pawn, and to say it belonged to Mr. Williams, No. 30, Charterhouse-square—I found this silver watch at Mr. Barker's in Houndsditch.
HENRY BILSON . I am assistant to Mr. Barker, a pawnbroker, in Houndsditch. On Monday, the 13th of March, about three o'clock in the afternoon, the prisoner brought this silver chronometer, and offered it in pledge—she
said it came from her master, Mr. Williams, No. 30, St. Mary Axe—I said I could not take it in without a note from Mr. Williams—she went and brought one—I am sure she is the person.
Cross-examined. Q. What has become of the paper which she brought? A. I destroyed it—I had never seen her before—I see some hundreds of persons in a week, but we generally notice persons—I knew the prisoner when in the cell at Worship-street, as being the person who brought this, because I was rather suspicious of her, and sent her back for the letter.
ANDREW SIMPSON . I reside in London-street, Fitzroy-square; my mother lives at Mr. Shearer's, the prosecutor's. I went to his house that day, a little after two o'clock, and as I entered into the house, a female passed out of it—I do not know who it was—the prisoner is very like that person in dress and height, but I did not see her face.
Cross-examined. Q. Was the sentence of transportation passed on her that she might go to the Penitentiary? A. I believe it was—I heard so.
GUILTY . Aged 16.— Transported for Ten Years.
1237. WILLIAM JOHNSON , was indicted for stealing, on the 6th of March, 6oz. weight of cigars, value 5s. 8d.; and 1lb. 2oz. weight of tobacco, value 4s. 4d.; the goods of Thomas Aram; to which he pleaded
GUILTY . Aged 11.— Confined Six Days and Whipped.
GUILTY . Aged 13.— Confined Two Months.
GUILTY . Aged 21.— Confined Four Months.
1240. ANN MILLS , was indicted for stealing, on the 13th of March, 1 carpet, value 20s., the goods of Richard Bennett: also, on the 13th of March, 3 shifts, 1s.; 3 pairs of stockings, 1s.; 2 handkerchiefs, 6d.; 1 bedgown, 4d.; and 1 nightcap, 2d.; the goods of Joseph Laggett; to which she pleaded
GUILTY . Aged 37.— Confined Four Months.
ALFRED PEPPERCORN . I am journeyman to Mr. Edward Hoare, a butcher, who lives at the corner of Earl-street, Lisson-grove—the prisoner was in his service. On the morning of the 5th of March, about eight o'clock, I was told something—I went to a coach-house in an adjoining street, and the prisoner followed me—when I got to the stable I found a piece of salt beef in a handkerchief under the cart, close to the gate—I asked if he knew anything about it—he said no—I had seen a piece similar to that, and I have no doubt it was the same—it had been carried from the shop to the area twice, and I had seen it at the shop a few days before—when we got to the door he owned he took it to give to a friend in distress.
Cross-examined by MR. PAYNE. Q. It is worth 2s., is it not? A. About that—there was no one present when he owned he took it, but a fellow-servant named Charles Woodland.
THOMAS HENRY THOMPSON (police-sergeant D 4.) On the 5th of March I was sent for—I went to Mr. Hoare's, and called the prisoner out of the kitchen—I told him his master gave him into custody for stealing this piece of beef, which I showed him—he said he hoped his master would forgive him as it was the first time, and he took it to give to a friend who had done the same for him, and who had been out of work for a fortnight.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy.— Confined One Month.
THOMAS WALKER . I am a grocer, and live in Golden-lane, St. Luke's. On the morning of the 6th of March, about half-past seven o'clock I left my shop for an instant while I went into the passage to close a door—I heard some one in the shop, who had come in from the street—I went back into the shop, and saw the prisoner going out with a bag with about 40lbs. weight of coffee in, it—I am sure he is the person—I followed him into the street—he dropped the bag at the next door, ran off, and escaped—I brought the coffee into my shop—I had known him before—I had seen the bag of coffee safe about ten minutes before, when I opened my shop—I gave information, and the prisoner was afterwards brought in custody—I gave the bag to the officer—this is it—this coffee is worth about 3l. 10s.
Prisoner. Q. I wish to know the reason he did not raise an alarm? A. I did not see him come in, I saw him go out, and run away; I had no one to attend the shop, and was forced to go back; my shop door is perhaps twenty yards from where I saw him with the coffee.
WILLIAM DAMON . I am a policeman. I received information, and took the prisoner about two hours afterwards—I told him I wanted him to go with me—he said, "What for?"—I said, "I will tell you presently"—I took him to the prosecutor, and he immediately said he was the man—I then told the prisoner he was charged with stealing a bag of coffee—he said, "What time?"—I said, "About a quarter before eight"—he said he did not come out of his own lodging till past eight—this is the bag and coffee.
Prisoner. The prosecutor says it was taken at half-past seven o'clock, and the officer says he took me two hours after, and I was taken at two o'clock; at eight that morning my mother came and asked if I was not going to get up; I said, "Yes, presently;" she came a second time; I refused to get up; I got up about half-past eight; I washed, and went out at past nine; I was past the prosecutor's shop in the morning, and came back, and about two I was taken.
ANN JOHNSON . I am the prisoner's mother, and live in Glass-house-yard, Aldersgate-street. I recollect the 6th of March, the day the prisoner was taken for stealing the bag of coffee—at eight o'clock that morning I was going for some rolls, I called him up, and when I returned he was dressed—he had his breakfast, and went out about twenty minutes past nine—when I called him I saw him in bed, in the adjoining room to me, and his shoes were in my room—I went up to the bed where he was, and awoke him—I saw his clothes on a chair in the room—they were what he has now got on—he has no other clothes but them—his hat was in my room, and his shoes—he had no other shoes—when I got back he had got his clothes on, and was washing.
(The prisoner received a good character.)
GUILTY . * Aged 21.— Confined Six Months.
WALTER MOORE . I am in partnership with Mary Moore, and live in Clerkenwell; we are gold and silver chain-workers; the prisoner was in our service a little better than four months. On the evening of the 17th of March I wound up some silver wire, and put it on a board where the prisoner and several other hands worked—I saw the prisoner cut a few links off the wire, and he put the rest into his skin, which is used to catch the waste in—some of the girls then asked for some links, and as the prisoner did not bring the wire out I wound up some more, and gave it them—I then sent the prisoner out on an errand; I looked into his skin, and there were the links of wire—when he came back he sat down to his work till ten minutes before eight o'clock—he was then going away—I went to his skin, and the wire was gone—I ran up stairs, and caught him at the street-door—I said, "You have something belonging to me"—I caught hold of his collar—he put his hand into his pocket, pulled out this wire, and dropped it—I called Mrs. Moore, got a light, and found it—this is the wire he dropped on the floor—it is worth about half-a-crown.
Cross-examined by MR. PAYNE. Q. Have you any other name? A. No, and no partner but my mother—it was not dark in the passage—the street-door and parlour-door open close together—Mrs. Moore was in the parlour, and I called to her, because I thought he might have dropped something else—he had a frock-coat on, and I think the pocket was behind—he put his hand behind directly—I must have lost this solder about three days before.
Cross-examined. Q. The prisoner pointed out the box in which you found the solder? A. Yes.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined Two Months.
1244. JOHN HASTINGS , and EDWARD WILLIS , were indicted for stealing, on the 11th of March, 9 1/4lbs. weight of copper, value 8s., the goods of the Governor and Company of Copper Miners in England.—2nd Count, of Abel Lewis Gower.
ISSAC ABBEY . I am in the employ of the Copper Company, at Castle-Baynard wharf. I know the prisoners—I have known Hastings well; he has been there many years taking the dirt away—I cannot say that I know Willis so well, but I know him—on the 11th of March I was shutting up the doors, at Castle-Baynard Wharf, and I saw the prisoners there—they had their baskets and shovels, to take the dirt away, and shoot it into their cart, which stood in the street—I was up three stories high, but I could see what was going on—I saw Hastings take this copper out of an old copper boiler that we put small pieces into, put it into the basket, and cover it over with dirt—Willis filled the dirt into the basket, and lifted it on his back—the prisoners were both together—I saw Hastings take the copper, and present it to Willis—it was dropped into the basket—Willis covered it with dirt, and Hastings shot it into the cart—I came down and told the foreman.
Cross-examined by MR. BALLANTINE. Q. Where were you standing? A. At what we call a loop-hole, three stories high—Hastings had been in the constant habit of coming to take dust away for many years—I swear I saw him take the copper—he took it out several times—here are four pieces
—after I came down he might have taken some out—I saw him take some out once or twice, or it might he three times.
Cross-examined by MR. WYLDE. Q. How far is the loop-hole from this place? A. Right over it—I looked down on the prisoners—the loop-hole in large enough for a hogshead of sugar to go in—it was between five and six o'clock.
JOHN WILLIAM HANDLEY . I am clerk to the Governor and Company of the Copper Miners of England. It is a corporation—Abel Lewis Gower is the governor—I gave the prisoner into custody—I know this copper, we took it in the same day that it was stolen I am confident, as the weight corresponds—it is what we call cuttings—this is the only quantity that came in—it came in altogether on that Saturday—we had copper of this description on the premises.
Cross-examined by MR. BALLANTINE. Q. Did you miss any? A. Yes, this is it—it was put into the boiler to go to the mill to be milled afresh—the dust-hole is near the boiler—I had seen this copper in the boiler that day, and we had no other in the yard—Mr. Abel Lewis Gower is governor of the company, and he is a shareholder.
GEORGE CHIDGZEY (City police-constable, No. 324.) I took the prisoners, and have the copper, which I got from Mr. Handley—the prisoners both said they knew nothing of it, it must have been put in the dust by some of the servants.
Cross-examined by MR. BALLANTINE. Q. Which of them spoke first? A. Hastings—he said several times he knew nothing about it, and Willis said the same—there were two or three baskets full of dust in the cart.
(The prisoners received a good character.)
HASTINGS,— GUILTY . Aged 33.
WILLIS,— GUILTY . Aged 38.
Confined Three Months.
1245. JAMES WEBB , was indicted for stealing, on the 4th of March, 1 hamper, value 3s.; 5 gallons of wine, 9l.; 6 quarts of brandy, 2l. 2s., and 54 bottles, 12s.; the goods of John Tuffnell Carbonell and others.
MR. WYLDE conducted the Prosecution.
JOHN COLE . I live in Riding-house-lane, and am carman to John Tuffnell Carbonell and others. On the 4th of March I had two baskets to leave at Sir Charles Clark's, and a hamper for Mrs. Hume, of Bath, to go by the Great Western Railway—I left the two baskets at Sir Charles Clark's, and when I returned to the cart I missed the hamper—I looked round, and saw the prisoner at a distance with the hamper on his back—I walked up quietly to him, and with one hand laid hold of him by his coat, and with the other hand I laid hold of the hamper—he did not say any thing.
WILLIAM KNAPP (police-constable E 156.) I saw the prisoner at the corner of Langham-place, with the hamper on his shoulder—Cole went and took hold of him with one hand, and the hamper with the other—the hamper was immediately slipped off his shoulder—Cole went to save it, and lost his hold of the prisoner, who ran away—I ran and took him—he said he was not the man—this is the hamper.
JAMES DARLING . I am cellarman to Carbonell and others—on the 4th of March I gave Cole this hamper—it contained four dozen of champagne and six quart bottles of brandy—it is worth 11l. 7s. 6d., and is the property of John Tuffnell Carbonell and others.
GUILTY . Aged 30.— Confined Six Months.
1246. HENRY SOMERSALL , was indicted for stealing, on the 40th of March, 1 cask, value 2s.; and 172lbs. of white lead, 2l. 13s. 6d.; the goods of John Warren.—2nd COUNT, stating them to be the goods of George Durant.
GEORGE DURRANT . I am servant to Mr. John Warren—he is a carrier to Hadley, in Suffolk—I drive his wagon—on the 4th of March I was at Bow, going down the Stratford-road, about ten or eleven o'clock at night—I had a cask of white lead, which was going to Hadley. on the fore part of the cart—I was near Bow church, walking—I had six horses to my wagon—I saw the prisoner get on the shafts and take the cask in his arms, and get off—I said, "Halloo, what are you after?"—he dropped it and ran—I ran after him and called "Stop thief"—the policeman stopped him—I had not lost light of him—my mate was in the wagon, and he stopped with the horses—this is the cask—it was on the fore part of my wagon.
Cross-examined by MR. PAYNE. Q. He had it in his arms? A. He took it off the shaft in his arms—after he got off it was on the ground—it was between ten and eleven o'clock—it was not very dark—there were the gas-lights—there are more lights on the left-hand side than the other—I was on this side of Bow church—the prisoner was 100 yards from the wagon when the policeman took him—I had never seen him before.
COURT. Q. How far were you from him when he was taken? A. No way at all—I was close, and saw the policeman take him.
EDWARD WOODROW . I am a policeman—I was on duty at Bow church—I heard the cry—I went down the road and met the prisoner running—as soon as he saw me he stopped—I went up to him and got hold of his collar—I asked what he was running for—a gentleman drew up in a chaise, and said he was wanted for taking a cask—I took him, and the wagoner gave him into custody.
Cross-examined. Q. Where was the wagoner when you took the prisoner? A. Down against the White Hart public-house—when I took the prisoner it appears the wagoner turned back—I turned on my bull's-eye, and saw some man running, but I could not tell who it was.
GUILTY . Aged 21.— Confined Nine Months.
NEW COURT.—Thursday, April 6th, 1843.
Sixth Jury, before Mr. Common Sergeant.
1247. JONATHAN HARGRAVE , and WILLIAM MORRIS , were indicted for stealing, on the 10th of March, 1 purse, value 1s.; 1 half-sovereign, 5 shillings, and 1 silver threepence; the property of John Taylor, from the person of Elizabeth Taylor.
MR. BODKIN conducted the Prosecution.
JOSEPH GIBBONS . I drive a cab, and live in Grenville-mews, Somers-town. On the 10th of March I was sitting on the box of my cab, in Piccadilly, nearly opposite the Duke of Devonshire's house—I saw the two prisoners, two others, and a boy, walking to and fro for about an hour and a half—I kept my eye on them—I saw Mr. and Mrs. Taylor walking arm in arm, coming from Hyde-park Corner—Hargrave had a cloak on his arm—he put on his cloak, and followed them—he placed the boy between the four—I then saw the boy lift Mrs. Taylor's cloak, draw a red purse from her pocket, and give it to Hargrave—the prisoners and the others were all touching arms—the boy handed the purse to Hargrave—the boy and another man kept back, and while
Hargrave, Morris, and another, who has escaped, crossed the road to the park; and as they crossed, Hargrave gave the purse to Morris—Hargrave then seemed to stand at the gate as a sort of sentry, watching—after they crossed, he went inside the gate, in company with the other person who has escaped—I saw Morris empty the money into his hand—I had a full view, being on the box—I then jumped down, and spoke to Mr. and Mrs. Taylor—the policeman was called, and an alarm given—I then went towards the Green-park, and saw the four men and the boy running across the park, close by the reservoir—Mr. Taylor went in at one gate, and I went down the road, got a policeman—I went in at another gate; and when I got in, they were running—the two prisoners were taken—I am positive they were two of the persons.
Cross-examined by MR. CLARKSON. Q. I suppose they were acquaintances of yours? A. Not to my knowledge—the men did not interfere with Mrs. Taylor's cloak—I did not see Mr. Taylor in conversation with either of them before they ran away—after I had told him to go into the park, I saw him going towards the prisoners—I did not see the prisoners standing still, except when I saw Morris empty the money out of the purse—this was between two and three o'clock in the afternoon—Hargrave and the one who escaped were standing in the footpath, round the reservoir—I do not think there was another person there except Mr. Taylor and the prisoners—I have driven a cab four or five years—I was in the police before that for two years—I was conductor to an omnibus before that for two years—before that I was at home with my father, who was then a commissioner of the peace—I was twelve months at sea, as steward to a smack—I resigned from the police became of ill health—I was not discharged for associating with bad characters—there was no complaint against me—I was No. 50 or 52, in the L division, I do not know which—I have been a witness in these cases before—I detected five men cutting a window, and they were here some twelve months ago—I do not think I have been in any other cases here—I was in a case of a man for stealing some rabbits, which was tried at the Surrey Sessions—I detected a man in attempting to pick a gentleman's pocket, but there was not sufficient evidence, and he was not tried.
Cross-examined by MR. BALLANTINE. Q. Where is your cab now? A. Some one else is out with it—it is not mine—I drive for a master—I had seen the prisoners before—I do not know whether they had seen me.
MR. BODKIN. Q. How old were you when you went on board the vessel from your father's house? A. About seventeen—my father is not livng—he was a man of large property, but failed.
ELIZA TAYLOR . I am the wife of John Taylor, and live in St. George's-place, Hyde-park. On this day I was near the Duke of Devonshire's house in Piccadilly, walking with my husband towards the City—I had a cloak on—I was not aware of anything being done to me—in consequence of what Gibbons told me, I searched my pockets, and missed a red purse, containing a bright new half-sovereign, a bright new shilling, five other shillings, and a threepenny-piece.
JOHN TAYLOR . I reside in St. George's-place, Hyde-park. I was with my wife in Piccadilly—Gibbons came and made some communication to me, and gave me directions with respect to the parties; in consequence of who I crossed the road towards the park—he pointed out four men and a boy, who were then at the south-east corner of the basin, within the park—there was no person within two hundred yards of the spot except them—Gibbons left me—I went on towards these persons—they separated—two of them ran immediately away along the park, towards Hyde-park Corner, and the prisoners,
with the boy, walked quick in the same direction—I came up to them, and attempted to seize the boy—he shrunk away to the side of Hargrave—I still endeavoured to catch him, and he got under the rail—I followed him—he ran down towards the Duke of Sutherland's—he made his escape—in a few minutes the two prisoners set off and ran—at that time the police had come—I went after them a certain distance—the policeman came from the other end of the basin—one of them was taken by the policeman, and the other by the park-keeper.
CHARLES WEBBER (police-constable C 122.) I was on duty in Piccadilly—Gibbons came and made a communication to me—I entered the park by a gate lower down, and came up towards the basin—I saw two men running in a direction from the basin—they were pointed out by Gibbons—I pursued, and took Hargrave—I found on him 3s. 6d. in silver, 6 1/2 d. in copper, a watch, a chain, and key—the whole of the property was given to him at the police-court, by desire of the Magistrate.
JAMES PRING (police-constable A 145.) I was on duty on the other side of the park—I heard an alarm—I took Morris at the corner of the entrance of the Duke of Sutherland's—he was running across the park—I searched him, and found 1l. 3s., in silver and a half-sovereign—I have kept 15s., which the lady lost—the other I was desired to give up by the Magistrate—the half-sovereign is new, and there is a new shilling among it.
Cross-examined by MR. BALLANTINE. Q. Were these all that were taken? A. No—I was ordered to keep a half-sovereign and 5s.—this was the only new shilling among it.
(—Munter, a parchment-maker, Cross-street, Bermondsey; Martin Band, parchment-maker; Thomas Hoggins, Frith-street, Woolwich; William Smith, parchment-maker, St. George-street, Bermondsey; William Smith, parchment-maker, New-road, Bermondsey; and Alfred Hurst, carpenter, East-street, Woolwich; gave Morris a good character.)
HARGRAVE,— GUILTY . Aged 32.
MORRIS,— GUILTY . Aged 24.
Transported for Ten Years.
FREDERICK WILLIAM JANSON . I live in George-yard, Duke-street, Grosvenor-square. About ten o'clock, on the 11th of March, I was in a public-house in Exeter-street, Grosvenor-square—I stopped there till twelve—I came out with Bird and three or four others—the prisoner came out with us—he laid hold of my arm—we walked down to the bottom of the street arm in arm—I had a watch in my pocket when I left the house with a key, a ribbon, and 24s.—there were two half-crowns among them—my friend said something, in consequence of which I missed my watch from my right hand waistcoat pocket, and two half-crowns from my left hand waistcoat pocket—this is my watch and watch-key.
Cross-examined by MR. PAYNE. Q. What had you been doing at this public-house? A. Drinking and smoking—I was the worse for liquor when I came out—Bird was not in liquor—I had won a little money of Bird—we were tossing for drink—I have known Bird four or five years—he is a porter at a glass-warehouse—I had seen the prisoner several times before—I had been in the same house with him—I do not know what he is—I went to his mother's on Sunday evening—I did not tell her we were all drunk together, and I thought him incapable of committing such an act, or any words to that effect—she gave me 5s. on Monday morning—I took it
—she said she understood I had lost 5s.—we went to another house, but it was shut up.
GEORGE BIRD . I live in Brown-street, Grosvenor-square. I came out of this public-house with the prisoner a few minutes before twelve o'clock—the prisoner and another one took hold of the prosecutor's arm, and while one was drawing his attention off, the prisoner took the money out of his left-hand waistcoat pocket—we went down the street to a public-house, and it was shut up—they proposed to go to a person's named Clark, to have something to drink—I followed them—they each laid hold of his arm again—the prisoner put his hand into his right-hand pocket, and took his watch out—he turned and spoke to the other two, and they said they should be off—I turned, and asked if he had not lost his watch—he said he had—I ran up the street—the prisoner was turning into a watering-place—I asked him to give me the watch—he said, "Do you think I have got the watch?"—I said, "I do not wish to do anything with you if you will give it up; never mind the 5s."—the policeman came up—I laid hold of the prisoner's collar and heard the watch drop, and the glass smash.
Cross-examined. Q. What are you? A. I live at a wholsesale glass-ware-house—I have been there seven years—we were smoking, drinking, and tossing in Exeter-street—I lost the money I had with me to the prosecutor, and I was going to advise him to go home when we got out—I asked the prosecutor if he had lost his watch—he said he had not—we then crossed over, and went towards another house—I was looking over the prisoner's shoulder when he took the watch—I then asked the prosecutor if he had lost his watch—the other party was drawing his attention—his waistcoat was rather loose, and it was very easy to take a watch out—we went to another public-house after I had seen the money taken, because he would not come away—I was sober—I believe I lost about 7s. or 8s.
Cross-examined. Q. Where were you standing when you saw it? A. About five or six yards from him—I did not see the prosecutor before I got up there—the prisoner was going into a watering-place—I am positive it was from the prisoner the watch dropped—his hand was down by his side—I do not know either of the parties.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy.— Confined Three Months.
HENRY LOVETT . I live in King's Head-square, Shoreditch, and work with Mr. Lloyd, a printer, in Shoreditch. About half-past seven o'clock, on the 6th of March, I left my cart, and followed my master into the house with some goods—I came out about a minute after, and the whip was gone from the cart—this is the whip.
GEORGE MOWATT . I was minding my master's cart—the prisoner came up to me, and said, "That is a nice whip, I shall have it"—I said, "No, you won't, you will get yourself into trouble, and me too"—he walked on, then came back, and offered me some pudding—I refused, and he walked on.
WILLIAM MORRELL (police-constable G 60.) I was on duty, and saw the prisoner standing in Holywell-lane, 300 yards from where the prosecutor's cart was, with a whip in his hand, which I believe to be this—he appeared to me to be minding a horse and cart—I came down and heard of this—I went back, and found he was gone—I found him half an hour after—I said, "Whose whip was that you had?"—he said, "It belongs to the barber"—I found that was false—I then took him.
Prisoner's Defence. There were other boys living in the house.
NOT GUILTY .
SAMUEL DOLMAN . I hold the lease of a house in Francis-court—I have to repair it—I saw some lead pipe safe there on Thursday morning—it was fixed by hold-fasts—on the following Monday it was gone—I matched the pipe produced, and it fits exactly in every respect.
THOMAS WARE (police-constable G 140.) I stopped the prisoner in Red Lion-street about a quarter past five on Friday evening the 10th of March, with this lead pipe—I found this melted lead in his pocket.
GUILTY . Aged 18.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
JOHN SLADE . I am a butcher, and live at Chippenham—on the 2nd of March I sent eight carcasses of sheep in two packages, four in each, addressed to Mr. Masters, Newgate-market—they were in cloths, and skewered—there was no difficulty in undoing them—there was a mark on one of the kidneys of a sheep—I have since seen the carcass of that sheep at Marylebone office—this is it—the mark is on this kidney—the other kidney of the other portion of the sheep was gone—the fat appears to have been torn from the sheep—I should say this kidney and fat came from this place—the kidney was in it when I sent it up.
Cross-examined by MR. PAYNE. Q. There is a difference in the colour of these two? A. Yes—I packed them myself—there has been a gathering on this kidney, which has been healed up, which satisfies me that it is one of my carcasses—the other kidney was taken.
WILLIAM FREDERICK MASTERS . I received a packet of carcasses from Slade, of Chippenham, in packets of four—in one of them the kidney and the surrounding fat was missing—this is it—the kidney that was left had a particular mark on it—I have fitted this other fat and kidney to the same saddle of mutton—I believe this to be one that came from there.
Cross-examined. Q. They appear to me to be different in colour? A. Yes—this has been tied up and kept clean.
JOHN BISHOP . I am the night superintendent of the Great Western Railway at Paddington—the prisoner is porter there—the train that these should come by arrived on Friday morning, the 3rd of March, about one o'clock—the prisoner would have access to the goods—in consequence of information I took him on the platform on Friday morning, the 3rd of March, about a quarter to five—he was near some sacks—he was taken to the station,
and I returned to the sacks, where he had been sitting—I found in a space this kidney in between the sacks in the goods-shed—previously to taking him in charge I spoke to the sergeant, and something occurred which induced me to look there.
JOSEPH COLLARD . I am inspector of police of the Great Western Railway—I received the kidney and fat—I saw the prisoner at the police-office, and desired him to pull off his jacket—I found a hole in the lining; and between the lining and the outer part I found a quantity of crumbs of mutton suet—there was room in that hole to have put the kidney—there was about half an ounce of fat—it was quite fresh, and the inside was very greasy.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
SUSAN PENNEY . I am the wife of Richard Penney, and am a higgler, living at Culmstock, in Devonshire—on the 1st of March I packed up three dozen and a-half pounds of butter, and half a dozen fowls in a flat, for Mr. Edgecombe, of Brompton—I gave them to my son to deliver to the railway—I saw the flat at Marylebone office—one of the fowls was gone—this is it.
JOHN BISHOP . I am superintendent of goods of the Great Western Railway—the prisoner was in the employ at the London terminus—at half-past four o'clock in the morning of the 3rd of March, my attention was directed to him—the train had been in some time which would have brought up Penney's basket—I saw the head of a fowl hanging out of the prisoner's pocket—I asked how he got it—he said he gave tenpence for it—this basket was there, which had come by the train—there were five fowls in it—the basket and the fowl taken from the prisoner were shown to Penney.
Prisoner's Defence. A man came on the platform with butter and fowls; I bought it on the Thursday and left it there, and the next morning I put it in my pocket.
GUILTY . Aged 25.— Confined Ten Months.
1253. JOHN ADAMSON , was indicted for stealing, on the 26th of Feb., 1 pocket-book, value 2s.; the goods of Adolphus John Gee: also, on the 23rd of March, 1 pocket-book, value 1s.; 1 half-crown, 1s., and 3d.; the property of George David Pollock, to both of which he pleaded
GUILTY . Aged 22.— Confined One Year.
1254. WILLIAM WALKER, WILLIAM WILSON , and JAMES CARTER , were indicted for stealing, on the 11th of March, 1 handkerchief, value 3s., the goods of James Pearce, from his person; and that Walker had been before convicted of felony.
felt my coat, put my hand into my pocket, and my handkerchief was gone—it was crimson silk, with a white border.
Cross-examined by MR. HORRY. Q. Had you seen it safe about a quarter of an hour before? A. About five minutes, and had used it.
JOHN SLADE . Between seven and eight o'clock on the 11th of March, I was in Russell-street—I there saw Johnson taking Walker and Wilson to the station—I saw Walker chuck a crimson silk handkerchief underneath a cart—an old man picked it up, and went away with it.
Cross-examined by MR. HORRY. Q. How far were you from them? A. I was close behind them, on the same side of the way—Johnson had hold of Wilton and Walker by the back of the neck—he was in the middle of them—the handkerchief was thrown by his side—Walker was inside—he threw it with his left hand as he was crossing the road at Bow-street, 300 or 400 yards from the Piazzas—there were other persons looking on, and they could have seen it thrown as well as me—I was first spoken to on this subject on the 11th of March, by Moore—I did not see him at the time Johnson was going with Walker and Wilson—I did not see Carter or Welch—I saw the handkerchief in Walker's hand before he threw it away.
Cross-examined by MR. HORRY. Q. Were you standing at the end of Russell-street? A. No, by the coffee-house in Russell-street—Walker passed me with the handkerchief wrapped up in his left hand—I could see it clear enough—there were not many persons about—I did not see Moore at that time—I think Walker went four doors with the handkerchief in his hand—I was first spoken to about this on Saturday the 11th of March, by Moore—I did not say anything to him before he spoke to me.
RICHARD MOORE . I live in Little Russe-street, Covent-garden. About seven o'clock on the 11th of March, I saw the prisoners in company—I suspected them, and watched them half an hour—they were walking and talking together—Wilson went behind the back of the prosecutor, put his hand into his left hand coat pocket, stepped two or three paces back, and then Walker went up to the prosecutor, and put his hand into his right hand coat pocket—there was something drawn at that time, but what I could not see—it appeared to me a handkerchief—I followed them down the north side of the market, and saw something pass between Walker and Wilson—I went and apprehended Carter, another officer took Walker and Wilson—I afterwards saw the prosecutor—he said he had lost his handkerchief.
Cross-examined by MR. CROUCH. Q. Is Covent-garden very crowded in the morning? A. Not so much so now as some parts of the year, but there are, groups of people about.
Cross-examined by MR. HORRY. Q. Had you seen Johnson about at that time? A. We were together—we are beadles—I took Carter four or five yards from the others—I ran to Bow-street, and my brother officer came after me.
FREDERICK JOHN JOHNSON . I am a beadle. I watched the prisoners—I saw Wilson go to the prosecutor's pocket, and put his hand into his left hand coat pocket—he stepped back, then Walker went and put his hand into his right hand coat pocket, and took something—they walked on a-head—Carter was standing with Walker when Wilson went up, and he was with Wilson when Walker went up—they went up the north row, and I took Walker and Wilson to the station.
Cross-examined by MR. HORRY. Q. How far were you from Moore? A. We were close together, in company—Walker asked what I took him for—I
said I would not tell him then, but I would at the station—I charged him with attempting to pick pockets—I did not say anything about drawing something out, because I was not asked that question—I had no knowledge of anything being lost for half an hour—I had seen something taken, but I did not know what—I might be ten yards from them—I was behind them, as nearly as possible—I am sure I saw something in Walker's hand—it looked fall—he put his hand in front of him, and went on—I did not hear of Slade till half an hour after this—he is a porter in the market—Moore told me Slade knew something about it, previous to going to the Magistrate—I said I should want him—Walker and Wilson walked twenty or twenty-five yards, during which time he had an opportunity to throw something away—I met no policemen—I did not see a handkerchief in Walker's hand—I had my eye more on Wilson—we passed several carts—Russell-street is generally lined with carts—I heard nothing of the handkerchief being thrown away for half an hour—Wilson was inside, by the wall, and Walker was on the outside, on my right—they did not offer to run away—I knew Mr. Pearce, by attending the market, but did not know his name—I have been an officer thirteen or fourteen years—I did not call to Mr. Pearce, it was done too instantaneously.
Cross-examined by MR. CROUCH. Q. Did you know Wilson previously? A. I have known him frequenting the market as a costermonger—I never knew any harm of him—I have not seen him with a cart.
WALKER,— GUILTY . Aged 19.— Transported for Ten Years.
WILSON,— GUILTY . Aged 28.— Confined Three Months.
CARTER*,— GUILTY . Aged 21.— Confined Twelve Months.
JAMES PRIDMORE BRYAN . I am a coal-merchant, and live at Somerset-wharf, Strand; the prisoners are marble-polishers; their employer occupied workshops in my yard. About three o'clock, on the 13th of March, I received a letter, in consequence of which I watched—I usually sit in my counting-house in the evening, which looks on the workmen's shop—between five and six I saw Barrett look out of the workshop twice—he then came up my yard, walked back again, and then, in a short time, he and Allen came out past my counting-house—I followed them, and asked what they had got in their baskets—they each said, "This is the first time, pray let me off"—they each had a quantity of coal in their baskets—I examined and compared them with my coals—they are exactly similar coals—there is no other coal in London of that sort—it comes from Wakefield.
Cross-examined by MR. DOANE. Q. A great deal comes from Wakefield? A. Yes—I think but one person in London gets these kind of coals.
(The prisoners received a good character.)
ALLEN— GUILTY . Aged 40.
BARRETT,— GUILTY . Aged 26.
Recommended to mercy.—Confine Four Days.
trowsers, a tea-kettle, and frying-pan, safe before I went to bed on the 21st of March—I missed them next morning—these are my things.
Cross-examined by MR. PAYNE. Q. What do you know them by? A. I have used them—the frying-pan has an iron handle, and is rather loose—these are my trowsers—they are burnt at the bottom by my work.
DAVID BRACKLEY . I am an officer of the North-Eastern Railway. About seven o'clock in the morning, on the 22nd of March, I met the prisoners together—Parker had a bag containing these articles—they said they found them.
Cross-examined. Q. Did you ask any question about the bag? A. No—I asked what business they had on the railway.
PARKER,— GUILTY . Aged 18.— Confined Six Months.
MANSFIELD,— GUILTY . Aged 30.— Confined Nine Months.
(There were two other indictments against the prisoners.)
GUILTY . Aged 12.— Confined Six Months.
1258. WILLIAM HARVEY , was indicted for stealing, on the 23rd of Feb., 1 watch, value 2l.; 1 watch-key, 4d.; and 1 watch-guard, 1d.; the goods of William Holmes; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 13.— Judgment Respited.
GUILTY . Aged 14.— Confined Three Months.
GEORGE DANIEL SUMPTER . The prisoner was living at my house—he left me on the morning of the 9th of March, and these things were missed—he did not return till he was given into custody on the 15th of March—I believe these to be mine—I have no means of knowing them except by what I heard from my sister—the coat I have on was made at the same time, and of the same materials—I believe this to be mine—I cannot swear to this waistcoat—there was a common metal watch in the waistcoat-pocket—it is scarcely worth having—the things were worn on the body, the same as I have mine—he left his own clothes behind him, which I have now on—his are as good as mine.
NOT GUILTY .
1261. ANN CHAPMAN , was indicted for stealing, on the 3rd of April, 1 purse, value 1d.; 2 half-crowns, and 3 shillings; the property of Charles Casey, from his person; and that she had been before convicted of felony.
CHARLES CASEY . I am a wagoner, living at Windsor. About one o'clock in the night of the 3rd of April, I was in Fleet-street with a friend—I overtook two women—they asked if we were going to stand anything to drink—we went and had a glass of ale a-piece, and they had a quartern of rum—we came on towards Farringdon-street—then my friend left me, and went home—the prisoner and I stood talking a few minutes, and I felt my jacket go
against my side—I had my purse in my jacket-pocket, containing two half-crowns—I found the two half-crown in the prisoner's hand, which had been in my jacket-pocket—I did not find any shillings—I gave her in charge—this is my purse—I never let the prisoner go out of my sight.
Prisoner. You did not find the purse where we were standing. Witness. I did not find it at all.
HENRY BAILEY (City police constable 349.) I was on duty about one o'clock. The prosecutor had hold of the prisoner's arm, and gave her in charge for stealing this purse, containing two half-crowns—I took her to the station—the prosecutor had the half-crowns in his hand—he described where he had lost the purse, and I went there about five in the morning, and found the purse in the road near where he had described—there were no shillings found—the prisoner said at the station that the money belonged to her.
Prisoner. The two half-crowns were my own. I had them about eight in the evening; he said he had lost his friend and lost his money; he took them out of my hand; it was in a court half way up Fleet-street; he said he had lost 3s. more; I never had them or saw them; they state the purse was found in Farringdon-street. Witness. I found it at the corner of Farringdon-street; the prosecutor was quite sober; he said he lost it at the corner of Farringdon-street; they had got but a short distance up Fleet-street when I took her.
CHARLES CASEY re-examined. I was in Fleet-street, but close against Farringdon-street with her, about a minute's walk from it—we were going towards Farrigdon-street—she tried to get back, but did not get above two steps, and there I saw the policeman.
Prisoner's Defence. I was half up Fleet-street, just by Wine Office-court.
GUILTY . Aged 26.— Transported for Ten Years.
ELIZABETH SARAH LERIGO . I live with my father, David Lerigo, who keeps a public-house in Greek-street, Soho—the prisoner was his potman—about half-past six in the morning of the 24th of March I counted the cigars and the paper screws of tobacco—I counted them again on the 25th, and missed one screw of tobacco and eight cigars—this is the screw I marked—these are all my father's.
JOHN GRAY (police-constable C 14.) I found four papers of tobacco on the prisoner—Mr. Lerigo went into the kitchen and took from the copper this waistcoat belonging to the prisoner, and in it was this tobacco—I brought the waistcoat to the prisoner, and asked if it was his—he said, "Yes"—I said, "There is some marked tobacco found in it"—he said he knew nothing of it.
Prisoner. I used to carry tobacco about me; it is a rule to cany them in my pocket to serve customers with.
ELIZABETH SARAH LERIGO re-examined. He should come and have them at the bar as he wants them, but not six pennyworth at a time—there were four found on him—he never had four at a time—I marked this one about seven on Saturday morning—I missed it, and that morning it was found on him about one—I counted them again about twenty minutes before nine—I
did not serve any before he was taken—I believe these other four are what I missed on Friday morning.
Prisoner's Defence. This found in my coat pocket I purchased over night, and the one marked must have been given me by mistake.
GUILTY . Aged 21.—Recommended to mercy.— Confined Four Months.
GUILTY . * Aged 17.— Confined Nine Months.
ISRAEL FORSTER . I live in Lower-road, Islington. About two or three o'clock on the 22nd of March I had some shoes safe at the shop door—I did not miss them till the prisoners were taken with them about five o'clock—these are my shoes.
JAMES STOREY . I live in Britannia-row, Lower-road. About five in the afternoon of the 22nd of March I was opposite the prosecutor's shop—I saw Bickerstaff take off Hart's cap, and throw it on the shoes at Forster's door—Hart took up his cap, and took up the shoes with it—they got three or four doors off, and the shoes were given to Bickerstaff—I went and give information—I am sure Bickerstaff went away with the shoes.
Bickerstaff. Q. Did you see me have any thing to do with the shoes? A. I saw you receive them from Hart.
JOHN SHROPSHIRE . I received information from Storey—I ran after Bickerstaff, and laid hold of him—I said, "I want you"—he said, "It is not me, I have not got the shoes"—I had not spoken about the shoes before—I turned round and saw the shoes about two yards off him—Hart was some distance behind me—I had passed him.
BICKERSTAFF,— GUILTY . Aged 17.— Confined Three Months.
WILLIAM HENRY LLOYD . I am shopman to William Fletcher, of High Holborn. On the 20th of March the prisoner came to the shop and asked for a piece of calico—I handed it down, and saw a quantity of printed cotton under her arm—I asked what she was going to do with that—she said to pawn it, or I might have it for 5s.—I suspected she had not got it honestly—my master sent for a constable—the calico was on the counter when I went to tell my master, with a piece of gingham, and when I returned they were missed—the officer found them both on the prisoner—they are my master's—I was absent a quarter of an hour.
GEORGE JOHN RESTIEAUX (police-constable E 49.) I took the prisoner to the station—under her cloak I found this calico and gingham—she said she bought it in Silver-street—I went there, and there was no linen draper's shop there.
GUILTY . Aged 42.—Recommended to mercy.— Confined Three Months.
1265. ALFRED WALKER , was indicted for stealing, on the 22nd of March, 4 handkerchiefs, value 10s.; 2 shifts, 8s.; 2 towels, 4s.; and 1 pair of drawers, 3s.; the goods of Sir Gregory Alnot Lewin, Knt.
MR. CLARKSON conducted the Prosecution.
eradicating the bugs in Lady Lewin's room—he came about ten o'clock in the morning, and about two I went to the drawers in Lady Lewin's bed-room, and missed a pair of silk stockings, which I had seen there between nine and ten o'clock, when her ladyship left her room—there is a landing on the next floor—I went there, and saw the prisoner's coat, and his bag was under it—I found in the bag this pair of silk stockings, four cambric handkerchiefs, two shifts, two towels, and a pair of drawers—they were all Lady Lewin's—I told the butler, who sent for the police-officer.
Cross-examined by MR. DOANE. Q. How many rooms in the house did the prisoner examine? A. He came between ten and eleven o'clock, and he had only worked in her ladyship's room till about two, when he was ordered to go up stairs to a room on the third floor—he would only have to go into the two rooms that day—he had to go down to the yard, to shake some of the furniture—we did not give him a dinner that day—we have seven servants—we dined down stairs, at half-past one, and the prisoner had his dinner in the hall, at five or ten minutes to two—all these articles, except these towels, are female wearing apparel.
RICHARD YOUNG . I am butler to Sir Gregory Alnot Lewin. On the 22nd of March, Allaum, the lady's-maid, told me what had happened—I saw Allaum take these things from the bag—I applied to Lady Lewin, and sent for a constable.
WILLIAM CHING (police-constable D 97.) I went to Sir Gregory Alnot Lewin's, and found the prisoner in a room on the third floor—I told him some things had been missed from Lady Lewin's room, and he was suspected of stealing them—he made no answer—I then asked him for his bag—he gave it me from under his coat, which was at the door—I asked what it contained—he said "Nothing; if there is anything there it has been put in"—I then took him.
NOT GUILTY .
RICHARD WEEKLY . I live at Harmondsworth—the prisoner was in my employ as a carter—I was called by the policeman on the morning of the 17th of March—the prisoner was on his road to London with a load of hay—I went after him in my chaise for about six miles, when I found him in custody—I found two trusses or bundles of hay on his cart more than he ought to have had—he had thirty-six trusses for his load, one for his horses, and the other two which he ought not to have had, which made thirty-nine in all—the two trusses were two that were allowed him for his horses at home, but not to take out with him—it was my hay.
Cross-examined by MR. PAYNE. Q. Do you speak to more than your belief of it being yours? A. I have no doubt about it—I had no suspicion of him.
JOHN WOOD . I am in the prosecutor's service—I cut some clover hay for his horses—here are two trusses here which are part of what I cut—they are my master's—I loaded the prisoner's cart with thirty-six trusses of hay for market, and one for his horses—they had wheat straw round them, and oat straw round the others—one of these has a wheat straw band.
Cross-examined. Q. Do you know about the cart going off? A. I loaded it at five o'clock, it was to go at twelve at night.
HUGH SANDILANDS (police-constable T 27.) I was on duty at Hounslow-heath—I saw the prisoner with clover-hay on his cart, and it appeared to me to be above a load—I went round and counted the trusses, and there were
thirty-nine—I let him go on to Hounslow, and when he got under the gas I stopped the cart, and asked what he had got—he said, "A load of hay, going to market"—I then counted the trusses in his presence, and took him—these are the two trusses.
Cross-examined. Q. After you had counted the trusses and let the cart go on, you ordered the driver to stop? A. Yes—the prisoner was on the cart, asleep—a little boy was driving—the prisoner awoke and got down—then I asked him how much hay he had got, and he said he had not more than a load that he knew of.
NOT GUILTY .
FREDERICK BENTLEY . I live in Bartholomew-terrace, St. Luke's, and am a tobacconist—on the 1st of March, about ten o'clock, I heard a noise in the shop—my wife went to the shop and called me—I then looked at my cigarbox, which stood on the counter, and missed about fifty cigars.
Cross-examined by MR. PAYNE. Q. When you went into the shop there was nobody there but your wife? A. And the prisoner—I went into my back room at nine o'clock, and afterwards heard a knocking, as if some customer came in; my wife went out, and she called me shortly after—I then went in the shop, and there was no one there but my wife—the prisoner was not there—this is my signature to this deposition—(looking at it.)
Q. Now is this right? (Reading)—"About ten o'clock the same morning I heard a knocking in the shop, my wife went there, and shortly after called me to the shop, and there was no one there but her; and in looking in the fifth division of the box I missed about seven shillings worth of cigars"—is that right? A. That is right—but I went in first and went back again—then I was called, and the cigars were missed; and then there was no one there but my wife; but when I went in first for a brush, my wife was serving the prisoner.
COURT. Q. When you were called you saw no one there but your wife? A. No—my wife called me on the prisoner's going out, and then I missed the cigars.
ELIZABETH BENTLEY . I am the prosecutor's wife. I heard a knocking—I went into the shop, and saw the prisoner, with his band on the top of the cigar-case—he asked for a pennyworth of tobacco—I served him, and he went out—after he was gone, I lifted up the cigar-case, and saw one division of it was empty—I called my husband.
Cross-examined. Q. He was knocking in the shop for you to come and see him? A. I heard a noise in the shop, not a knocking, a shuffling with the feet.
NOT GUILTY .
ELIZABETH BENTLEY . My husband keeps a tobacconist's shop, in Bartholomew-terrace. On Thursday evening, the 2nd of March, I was in the parlour at the back of the shop, between seven and eight o'clock—I heard a noise, as though some one stumbled over the cill of the door—I ran out instantly, and missed the cigar-case, full of cigars, from off the counter—I ran to the door, and observed the prisoner with the case about twenty yards from my door—(I am sure it was him, as I had seen him on the Wednesday evening,
and watched him for twenty minutes, trying to get into my door)—he was going along as fast as he could go on the pavement, not running but a kind of fast walk—I called to my husband, and while I did that I lost sight of the prisoner—my husband went after him—I know the box had been full of cigars—I had seen it safe in the shop about five minutes before I saw the prisoner going away with it—I saw him come round by my door again in a few minutes afterwards, and then he was given into custody—this is the box.
Cross-examined by MR. PAYNE. Q. Then this man came walking past your door a few minutes after he had gone off with the box? A. Yes—he was going as fast as he could go—I did not stop to notice whether he was running or walking—I should say the prisoner was twenty yards off—when he was passing the shop afterwards, I said, "There goes the man that stole the cigars"—he said, "Do you charge me with stealing your cigars?"—I said, "Yes, you are the man that ran away with them, and you took them yesterday morning"—he did not say, if I would go with him, he would take me to a friend's house where he had been—he said so at the station.
Cross-examined. Q. You carried it to the prosecutor's? A. Yes—there were no cigars in it.
EDWARD JOSEPH SNELLING . I am a policeman. I took the prisoner about half-past seven o'clock that night—he said he did not mind going to the station if the prosecutor wished to charge him—I received this box from the prosecutor.
Cross-examined. Q. He denied being the person? A. Yes, he said so.
MR. PAYNE called
ANN KNIGHT . I am the wife of Charles Knight, a manufacturing chemist—we live in Clarence-place, Brick-lane, St. Luke's. The prisoner was at my house on Thursday, the 2nd of March, from three o'clock till twenty minutes to eight, or it might be a little later—he had left me about five or ten minutes before I heard he was in custody—I know Bartholomew-terrace—it is about five minutes' walk from my place—I have known the prisoner about twelve months—he had a most excellent character.
COURT. Q. What was he doing all the time? A. When he first came in, he sat down, and slept till tea was ready, by the side: of the fire—we had tea about five o'clock—there was nobody there but me and my two children—one of them is six years old, the other five—we did not have anything between three o'clock and tea-time—he does not lodge in my house—we were in the front room, down stairs, where I work—he takes his tea out—he comes home between eight and nine—I keep a little house, which has three rooms, and I keep a mangle—the prisoner is no relation of mine—sometimes he comes to assist me in mangling—he lives with his mother and father—he is a carman.
GUILTY . Aged 19.— Confined Six Months.
1269. MARY SIMS , was indicted for stealing, on the 13th of March, 1 yard of shalloon, value 1s. 8d.; 2 1/4 yards of calico, 1s. 5d.; 4 1/2 yards of twilled cotton, 2s. 3d.; and 3 yards of holland, 2s. 3d.; the goods of Philip Robert Newman, her master.
PHILIP ROBERT NEWMAN . I am a tailor and hosier, and live in the Quadrant, Regent-street. The prisoner lived servant with me for ten months, till the 13th of March, when I sent for a policeman, and had three boxes searched—the prisoner's box was the last that was searched—she and the other parties were present—in the prisoner's box I found this shalloon, holland, calico, and
cotton—they are my property—I had missed the holland the same day—it was a fresh piece, and no one had cut from it but myself—I had cut about six inches off it, and from the appearance of it I was convinced that some one had cut some from it—these goods are never sold over the counter—the prisoner said previous to her box being opened, "I am the unfortunate girl that has taken these things, master."
Cross-examined by MR. BALLANTINE. Q. There are other articles here besides the brown holland? A. Yes—I had not seen any of them after I missed the holland.
(The prisoner received a good character.)
GUILTY . Aged 24.—Recommended to mercy by the Jury.— Confined Three Months.
LAWRENCE KORTWRIGHT . I was an officer in the army. I live in Juddplace—on the afternoon of the 17th of March, I was in High-street, St. Giles—I law some persons assembled, and I stopped for a moment on the pavement—the crowd was in the street—I felt something at my pocket—I turned my head round, and saw the prisoner take my handkerchief out of my righthand coat pocket—he ran off immediately into the crowd—I followed him, and collared him—I said, "Give me my pocket handkerchief"—he said, "I have not got your handkerchief"—I said, "You have got it in your left hand breeches' pocket, and if you don't produce it I will take it out"—he immediately produced it out of his pocket—I gave him in charge.
Cross-examined by MR. PAYNE. Q. This was St. Patrick's-day? A. Yes, St. Giles's is the high place of the Irish—there was a quarrel and a fight, I believe—I saw the prisoner's arm, and my handkerchief in his hand—I am sure he took it—I never lost sight of him.
WILLIAM HUTSON ATTO (police-constable E 120.) I took the prisoner, and received the handkerchief from Mr. Kortwright—I took the prisoner to the station—the handkerchief was stolen from me on the road.
Cross-examined. Q. You have got the person who stole it from you? A. Yes, in the next case—I received it from Major Kortwright—I had got the prisoner about 100 yards from the shop when I lost it—he was perfectly sober when I took him.
MR. PAYNE called
ELLEN BARR . I am a widow, and live in Buckeridge-street, I have known the prisoner five years. On St. Patrick's-day I sat in a chair outside my door—I saw the prisoner drunk on the other side of the way, and two young men put their hands under his arms, and drag him across the street—I told them to take him home.
GUILTY . Aged 16.— Confined Six Months.
1271. MICHAEL DRISCOLL , was indicted for stealing, on the 17th of March, 1 handkerchief, value 2s., the goods of Lawrence Kortwright, from the person of William Hutson Atto.—2nd COUNT, stating it to be the goods of William Hutson Atto.
WILLIAM HUTSON ATTO (police-constable E 120.) On the 17th of March I received a handkerchief from Mr. Lawrence Kortwright, with a boy in custody—as I was conveying him to the station, the prisoner kept winking his eye at the boy, and said to him, "Go quietly, Frank;" and directly he said
that, the prisoner I had, resisted very violently, and when I got about 100 yards from the shop I took him from, my hat was knocked off—I had at that time two handkerchiefs, one which I had taken from the prisoner that I had in custody, and the one I received from Major Kortwright—the prisoner was close to me, and when I stooped to pick up my hat, he took the two handkerchiefs from me—he threw Major Kortwright's handkerchief into the crowd, and this other handkerchief I picked up at my feet—the other handkerchief has never been found—another officer came up, and I gave this prisoner into custody—I kept my own prisoner myself—this prisoner denied the charge at the station.
Cross-examined by MR. HORRY. Q. When he was before the Magistrate it was on a charge of obstructing you in the execution of your duty? A. No, it was not—he obstructed me so far as that he snatched the handkerchiefs out of my hand—I do not know that he was committed for obstructing me, or what he was committed for—I do not know whether the Magistrate said anything about a felony—I have not been long in the police—there was a large crowd moving backwards and forwards all round me—I did not see who knocked my hat off—it came down over my eyes—it fell down, and I stooped to pick it up—the handkerchiefs were then in my hand, and they were snatched from me at the moment—I had got hold of my hat when they were snatched from me by the prisoner—one of them fell at my feet—the other he threw into the crowd—he did not attempt to rescue the prisoner that I then had in custody—Allen was the constable who came up, to whom I gave the prisoner into custody—I am not aware that he is here—I did not see the prisoner make any resistance—I had noticed him before my hat was knocked off—he was close by my side—I will not swear that he was close by me all the time—he was twenty or thirty yards from the grocer's shop when he first spoke to the boy; but he was at the grocer's shop when I went in at the door—Cook was examined before the Magistrate—he stated at the station that the prisoner was not the party who took the handkerchief—I am not aware that I charged anybody else with obstructing me—I asked Cook to assist me with the prisoner, and he did not do so.
LAWRENCE KORTWRIGHT . I gave a handkerchief in charge to Atto when he took Field—I saw the prisoner eighty or a hundred yards down the lane—I saw a man snatch a pocket-handkerchief from the officer, and I am pretty certain it was the prisoner—I will not swear to him—I saw one handkerchief drop, but whether it was mine or not, I cannot say—I was not following the officer—I made an attempt, but was advised not to go on.
Cross-examined. Q. There was a great crowd of drunken persons of all sorts? A. There were a great many—my reason for believing the prisoner is the man is not because he had a black coat on—it was more his figure, bat it was so far I cannot tell.
THOMAS COOK . I saw Field in custody of Atto—there was a crowd—I was near to the officer—I saw his hat fall off, which I think was by his pressing against the houses—I saw a handkerchief on the ground at my feet—I did not see it taken from any body—I went to the station—I said I was close to the policeman, and that the prisoner did not take the handkerchief, as he was five or six yards distance—I was close to the officer when his hat fell down on the right side of us.
Cross-examined. Q. The prisoner asked you to come forward? A. Yes, I told the policeman that it was not the prisoner who took the handkerchief, because I felt positive of it.
MR. HORRY called
—I was in Church-street on the 4th of March, and saw a crowd there—I can-not tell the time—my opinion is it was morning—I saw a boy in custody of Atto for stealing a handkerchief—I saw the officer's hat fall off his head in the street—I did not see any body snatch a handkerchief out of his hand, but I saw the prisoner four or five yards from the policeman when his hat fell off.
COURT. Q. Do you know the prisoner? A. I know him by sight, but not to speak to him—he lives next street but one to me—his grandmother asked me to come here.
NOT GUILTY .
1272. ELLEN CLARE , was indicted for stealing, on the 18th of June, 4 sheets, value 4s.; 3 towels, 3s.; 1 handkerchief, 1s. 6d.; 1 saw, 2s.; 1 spokeshave, 1s.; and 2lbs. weight of pork, 1s., the goods of Thomas Marshall.
SARAH MARSHALL . I am the wife of Thomas Marshall. He keeps a public-house in Addison-row, North Kensington—the prisoner was employed two years and four months by me as charwoman—I have been ill lately—I have lost a great number of towels—here are two towels here which have the name of Marshall on them—I believe these sheets to be mine, but the name has been cut off, and they have been fresh hemmed—I cannot swear to them—here is a handkerchief that I know belonged to a person that lodged with us.
HENRY MOUNT . I am a policeman. I received information and searched the prisoner's house at Notting-dale in her presence on the 11th of March—I found this saw and spokeshave—this saw has the name of Marshall on it in full length—she said her husband had purchased it, and had had it some time—on the Tuesday following I was at a public-house, and saw the prisoner's husband there—I took him to the prisoner's house, and there I found twelve duplicates—the prisoner was then in custody—I took some of the duplicates to the pawnbroker's, and got this property which is here.
Property produced and sworn to.
(The prisoner received a good character.)
GUILTY . Aged 51.— Confined Two Months.
NEW COURT.—Friday, April 7th, 1843.
Fifth Jury, before Mr. Common-Sergeant.
1273. EDWARD HOWARD , was indicted for stealing, on the 27th of March, 2 saws, value 4s.; 1 plane, 2s.; 1 square, 1s. 6d.; 1 file, 2d.; 1 hammer, 9d.; 1 chalk-line, 2d.; 2 bradawls, 2d.; 1 saw-set, 6d.; 1 ham-mer, 1s.; and 1 basket, 6d.; the goods of William George Tapsall: and 2 planes, value 4s.; the goods of William Dixon: to which he pleaded
GUILTY . Aged 15.— Confined Three Months.
GUILTY . ** Aged 18.— Transported for Seven Years.
GUILTY . Aged 14.— Confined Ten Days and Twice Whipped.
GUILTY . ** Aged 22.— Confined One Year.
GUILTY . Aged 17.— Confined Six Months.
MESSRS. ELLIS and DOANE conducted the Prosecution.
JESSE LOCKLEY . I am a tobacconist, and live in Parson's-street, Stepney—between six and seven o'clock on the evening of the 1st of March the prisoner came for a three-halfpenny cheroot—he paid me a Queen's coin shilling—I put it in the till, and thought it was good, being the Queen's coin—about an hour after, the prisoner came in again for another three-halfpenny cheroot, and said the d----d girls had snatched the other out of his mouth—he gave me another shilling—I noticed it was of the Queen's reign—I put that in the till where I had put the other—no one had been to the till between the time I put the first in and the second—soon after the prisoner came in the last time I went to the till to look at what money I had—I found one or two half-crowns, a George the Fourth shilling, and two shillings of the Queen's reign which I had taken of the prisoner—about four o'clock on Sunday afternoon, the 5th of March, the prisoner came again and paid me another Queen's coin shilling—I looked at it and found it was bad—I told him to, and that he had uttered two bad shillings on the Wednesday before—he said he might have passed one upon me, not knowing it—I wrapped the two shillings up in a piece of paper, and gave them, with the third shilling, to the inspector at the station, and gave the prisoner in charge.
COURT. Q. How came you to keep those two that you got on the 1st of March? A. I thought I might be able to meet with the person who gave them to me—I examined my money about a quarter of an hour after he came in the second time, and found they were bad—I then wrapped them in a piece of paper, and put them into my pocket.
JOHN CRIDDLE (police-constable H 153.) I was called into Lockley's shop on the 5th of March—I took the prisoner to Denmark-street, and found two good shillings, some silver sand, and a comb on him—I received from Mr. Donegan a shilling, which Lockley says was uttered on Sunday.
Prisoner's Defence. I was waiter at a public-house in a low neighbourhood, and have taken them in my business.
GUILTY . Aged 24.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ISAAC WALTHAM RUSH . I am assistant to Mr. Harvey, a linendraper, of Ludgate-hill. On the 7th of March the prisoner came and bought some white cotton hose which came to 10 1/2 d.—she gave me a half-crown—I went tothe cashier, and gave the prisoner 1s. 7 1/2 d. change—she went away directly.
Prisoner. He put the half-crown into the till, amongst other money, and I stood outside the door for half an hour. Witness. She did not stay outside more than half a minute.
JOHN HENDERSON . I am cashier to Mr. Harvey—I received a half-crown from Isaac Rush—I put it into the till—William Rush came to me afterwards, and I gave it to him—I know it was the same—it laid by itself at the top—there were others there, but they were at the bottom of the bowl, covered with some shillings—I am sure I gave Rush the same half-crown that I took of Isaac Rush.
WILLIAM RUSH . I am in the employ of Mr. Harvey—I remember going to Henderson and getting a bad half-crown from him—the prisoner was just going out—I afterwards gave it to the police—on the Thursday following, the 9th of March, the prisoner came again and asked for quilling net—it came to 6d.—she paid with a half-crown—I noticed it at once and perceived it was bad—I made a communication to my employer—a policeman was sent for, and I gave her and the half-crown to him.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution.
ANN BAYNES . I am the wife of John Baynes, a bookseller, at Turaham-green. On the 23rd of Feb., about two o'clock in the afternoon, M'Kenzie came to my shop for a stick of sealing-wax, which came to 3d.—he paid me a half-crown—I gave him 2s. 3d. change, and put it into the till, where there was no other money—he went away—in about ten minutes Wright came in for six postage stamps—my husband was then in the way, and served him in my presence—he put down a half-crown—my husband detected it to be bad, and asked how he got it—he said he got it from his master—my husband told him to be careful, and let him go—my husband kept the half-crown—he locked in the till in my presence, I there found the half-crown I had taken of M'Kenzie—I found that was also bad—both the half-crowns were given to the police, and marked by me before they quitted my possession—I saw the prisoners in custody the same evening—I have not the slightest doubt about their persons.
SOPHIA ANN MAYES . I am servant to Mrs. Baynes. I remember crossing the road on this day—I saw the three prisoners standing at the corner of the street, talking together, about twenty yards from my master's shop—soon afterwards M'Kenfie came into the shop—I am quite sure the other two were talking to him before be went in.
HENRY SMITH . I am a labourer, and live at Turnham-green. On the 23rd of Feb. I was standing at my master's door, which is no great distance from Mr. Baynes's shop—I saw M'Kenzie and Wright running down, and Mr. Baynes in pursuit of them—when they had ran some distance I saw them joined by Adams, who appeared to come from off the common—they all three ran together—I pursued, and kept them in sight, till they were stopped—they ran about two miles and a half—one was taken a mile and a half further on.
Adams. Q. Did you see me previous to my running? A. Not till you joined the other two, going into the meadows.
THOMAS COLBORN (police-constable T 97.) I received the three prisoners in charge at Shepherd's-bush, nearly two miles and a half from Mr. Baynes's—I received two half-crowns from Mr. Baynes—Adams was very hot, and said he must have something to drink for himself and the others, it would do them good after their run—Smith and another man had taken them—I inquired at the addresses of all three, and M'Kenzie was the only one which was right.
M'Kenzies Defence. I met Adams, and we went into a public-house, came out, and turned to go to Hammersmith about a hundred yards, when a gentleman on horseback came and said we must stop—we walked back to the public-house—we went in, and ten minutes afterwards they brought in Wright.
Wright's Defence. I met two men; one of them asked me to go to Mr. Baynes's shop for sixpenny worth of postage-stamps—he gave me a half-crown; they said it was bad; I came out, and could not see the man.
Adams's Defence. I never saw Wright before in my life.
M'KENZIE,— GUILTY . Aged 22.
WRIGHT,— GUILTY . Aged 17.
ADAMS,— GUILTY . Aged 23.
Confined Six Monthss.
MESSRS. BODKIN and DOANE conducted the Prosecution.
ELIZABETH WRAKE . I was in my husband's shop, on the 25th of Feb., in York-street, Westminster—the prisoner came, between seven and eight o'clock in the evening, for a pennyworth of tobacco—he gave me a counterfeit shilling—my daughter bent it double in my presence, and gave it back to him—he told me he got it at the turnpike, at the Marsh-gate—I am sure he is the man.
CHARLOTTE CROW . I am Mrs. Wrake's daughter. The prisoner came on the 25th of Feb.—my mother showed me a shilling—I bent it, and it was returned to him—he is the man—he said he took it at the Marsh-gate—I will swear the shilling was not silver—I took it to a vice, and bent it, and then bent it with my fingers.
Cross-examined by MR. HORRY. Q. You never saw him before? A. No—I saw him next at the police-office—when the policeman was taking him along I was told what it was for, and then I said it was the person who had been in the shop.
GEORGE SADLER . I am a dairyman, and live in Denby-street, Pimlico, about half a mile from Mrs. Wrake's. About eight o'clock in the evening of the 25th of Feb., the prisoner came into my shop for a quarter of a pound of butter, which came to 3d.—he offered me a half-crown—I looked at it, and found it was bad—I told him so—he asked me to give it him again—I said I should not, I should give it to a policeman—he used abusive language, and said he would fight me for a crown—the officer came and took him—I gave the half-crown to the officer.
PATRICK M'MAHON (police-constable B 138.) I was called in, and Sadler gave me the prisoner and this half-crown—the prisoner said he got it in a public-house near the Marsh-gate—I made inquiries, which led to Mrs. Wrake—he said he had never been in their shop.
Cross-examined. Q. Did you not hear him say he had got it at the match-manufactory, Lambeth? A. No.
GUILTY . * Aged 21.— Confined One Year.
MESSRS. BODKIN and DOANE conducted the Prosecution.
MARY ANN HAWKINS . I am the daughter of Mr. Hawkins, a corn-chandler, in Sloane-square. On the 15th of March the prisoner came into my father's shop for half-a-quartern of flour, which came to 3 3/4 d.—he paid me a half-crown—I had not change—I went with it to Mr. Murray—he looked at it, and told me it was bad—I returned, and told the prisoner it was bad—I gave it him back—my father came into the shop—the prisoner asked him whether it was a good one—my father sounded it, and said it was good, and gave him 2s. 2 1/2 d., which was a farthing over his change—he went away—the half-crown was returned to me, and I kept it in my pocket till the next day, when my father gave it to the policeman—I had no other half-crown but that.
JOHN GILBERT HAYNES HAWKINS . I came in when the prisoner was in the shop—I examined the half-crown, and pronounced it to be good—I gave the change to the prisoner, and the half-crown to my daughter—next day she gave it me again, and I gave it to the policeman—I am sure it was the same.
ANTHONY DOBIESON . I am in the service of a butcher, at Knightsbridge. Last Saturday fortnight, in the afternoon, the prisoner came for some meat, which came to 5d.—he put down a half-crown—(Miss Betts was in the counting-house)—I asked where he received it—he said he had been washing some gentlemen's coaches down Kennorton-street, and they had given it him; he did not know their names.
LUKE NIXON (police-constable B 16.) I took the prisoner, and received the half-crown from John Betts—the prisoner stated he got it from a coach-man, in Kennorton-street—I asked his own name and address—he refused to give it.
GUILTY . Aged 23.— Confined Six Months.
HANNAH WEEKS . I am the wife of Stephen Weeks, who keeps an oil-shop, in James-street, Buckingham-gate. Between ten and twelve o'clock, on the 6th of March, the prisoner came for a quarter of an ounce of tobacco—it came to 1d.—he laid down a sixpence—I told him it was bad—I took it up and bent it with the till—I asked if he had any more about him—he said not—I asked who gave it him—he said, his father—I told him to tell his father to come to me—he did not come—I saw no more of him till he was in custody—I gave the sixpence to the policeman—I had kept it separate from other money—I saw him again next morning, and he said he hoped I should not appear against him.
Prisoner. The gentleman came the first time, and said I came to him about two o'clock, and this lady says I came about ten; I never was in the shop till the policeman took me there. Witness. He came to me from ten to twelve o'clock on Monday morning—I was out the first time they sent for me, and my husband went down.
a pennyworth of cheese—he gave me a sixpence—I saw it was bad—I bent it with my finger, and threw it on the counter—he picked it up, and went out—he was brought in by a constable soon after.
THOMAS HICKEY (police-constable B 120.) On this evening I saw the prisoner, in company with others, in York-street—I watched them—I saw the prisoner come out of Gredley's shop, and took him into custody—I asked what he had got in his hand—he opened it, and said it was a bad sixpence; he did not know it—it fell down—I picked it up—after I took him to the station, I went to Mrs. Weeks, and got this sixpence from her—I took the prisoner to her shop, between eleven and twelve o'clock the next morning, and asked if that was the boy—she said, "Yes"—the prisoner said, "I am not the boy"—she said, "Yes, you are; don't tell a lie"—he said, "Pray, don't come against me."
Prisoner. I did not know it was a bad sixpence.
GUILTY . Aged 16.— Confined One Month; the last Week Solitary.
JAMES HOUSEHAM . I am a green-grocer, in Spital-street, Mile-end. On the evening of the 17th of March the prisoner came, between seven and eight o'clock, and asked for a pennyworth of fish—he gave me a shilling—I looked at it, and thought it was good, and put it into my left-hand trowsers pocket—I had no other shilling there—I gave him a sixpence and 5d.—he went away—soon after Trew came in and said something—I looked it the shilling, and found it alone as I had put it—I found it was bad—I marked it, and gave it to the officer.
SAMUEL AYRE . I am in the service of Mr. Osborn, who keeps a chandler's-shop in Bethnal-green. About eight o'clock on Friday evening, the 17th of March, the prisoner came into my master's shop for a halfpenny long candle, which I gave him—he gave me a shilling—my master came in, and took up the shilling from the counter.
WILLIAM THOMAS OSBORN . I went into the shop, and found the prisoner at the counter—I took up the shilling, and found it was bad—I bent it, and at that moment the officer came in—I asked the prisoner where he got it—he said, "From a gentleman, for carrying a box"—I marked it, and gave it to the officer.
GEORGE TREW (police-constable H 125.) I and Malin were on duty. I saw the prisoner come out of a chandler's-shop with another man—I heard the man inside the shop say, "It is no use your coming smashing here, I know you too well"—I followed them—they were sometimes together and sometimes separate—one of them went into six or seven shops, while the other remained outside—I saw them go to Househam's—I went in there after the prisoner came out—Mr. Househam gave me this shilling—I then went to Osborn's, and then Malin took the prisoner—I ran after the other man, but he got away.
Prisoner's Defence. I was led in by this man; he asked me to pass these two shillings, and he would give me something to eat. I innocently went and tried to pass them.
(The prisoner received a good character.)
GUILTY . Aged 27.—Recommended to mercy by the Jury.— Confined Eight Days.
JANE BACON . I am the daughter of Elizabeth Inwood, who keeps a shop in Chapel-street, Westminster. On the 24th of March the prisoner came in, between eight and nine o'clock in the morning, for half an ounce of tobacco, which came to 1 3/4 d.—he gave me a good shilling—I gave him change—he said if I gave him the shilling back, he thought he had halfpence enough—I returned him the good shilling which he gave me—he then took out a handful of silver, and put the shilling I gave him with the others—he then said, "I see I have not halfpence enough," and gave me another shilling, not the one I gave him back—I tried it with my teeth—directly he saw me do that he snatched up the change, and ran away—that shilling turned out to be bad—I gave it to the policeman—I ran after the prisoner, and told a boy to stop him, but he got away—I am sure he is the person—on the 31st he came again, about nine o'clock in the evening, for half an ounce of tobacco—I directly recognised him, called my mother, and she came and attended to him—I was so frightened I could not serve him—he paid with a good half-crown—I gave him two sixpences, and 4 1/4 d. change.
Prisoner. The policeman asked if I was the person who gave you the shilling, you said, "No, he was taller than me, and wore a white apron." Witness. No, I did not—at the station, the policeman said, "Is this the person you took a bad half-crown of?"—I said no, you were not, but I took the shilling of you—I took the bad half-crown about a fortnight before.
ELIZABETH HENWOOD . My daughter called me into the shop on Friday, the 31st of March—I saw the prisoner—I served him with the tobacco—he gave me half-a crown—after he got the change he asked me for a pipe, and I gave it him—he asked for a light, and then he asked for two sixpences for a shilling—he gave the shilling in my hand—I looked and saw it was bad—I called in the officer who was passing, and gave the shilling to him.
FREDERICK HOPE . I passed the shop of Henwood on Friday the 24th. I saw the prisoner run out of the shop—the young lady called to me to stop him—I ran as far as the corner—he there knocked an old woman down and ran off.
GUILTY . Aged 22.— Confined Nine Months
SARAH BULL . I live at Mr. Stuarts', at Ratcliffe. On the 17th of March the prisoner came about seven in the evening—I recognised him—he had been with two females the week before, and passed a bad shilling—on the 17th he called for a pint of beer and threw down a shilling—I showed it to my aunt and uncle—it was bad—I kept it in my own band, and went to where the prisoner was, and shut the street door—I told him he had passed a bad shilling, and he was in company with two females before, and had passed one—he said if I would say that, I would swear a man's life away—he said he had more money to pay for it, or if I would let him go any distance he could get some—a constable was fetched, and then he said, "I have done wrong, and I expect to suffer for it."
prisoner was taxed with being the person who had passed a bad shilling before—he denied it—I said, "It is my firm belief you have more bad money about you"—he said, "That is my business"—he put his hand into his right hand pocket and bent a shilling, put it into his mouth, and swallowed it—he then wished to drink—my husband said, "You shall not drink here to wash the shilling down."
CHARLES RYLEY (police-constable K 304.) I took the prisoner at Mr. Stuart's house—I spoke to him—he could not give me a clear answer—there seemed something in his mouth—I opened his mouth, but could not see any thing—I said, "You now stand charged with passing a had shilliog"—he said, "I know I have done wrong, I expect to suffer for it"—I received these two shillings from Sarah Bull.
Prisoner's Defence. I went there for a pint of beer on the 17th; I never entered the house before.
GUILTY . Aged 31.— Confined Six Months.
GEORGE TREW (police-constable H 125.) I was out with Malin on the 16th of March, near the Commercial-road. I saw the prisoner there—I had known him before—I stopped him, and told him I suspected he had some bad money about him—he said he had not—I told Malin to take him into a public-house while I went after another man who had been with him, but he escaped—when I came back Malin said he had found something in the leg of the prisoner's trowsers—the packet which he found was opened in my presence, and contained twenty counterfeit sixpences—in going to the station the prisoner said he picked it up at the back of Whitechapel-church.
THOMAS MALIN (police-constable H 74.) I took the prisoner in a public-house, and told him I suspected he had bad money—he said he had nothing of the kind—I searched his pockets and found nothing—I then unbuttoned his trowsers' flap, felt down his leg, and found this packet at the top of his stocking, just inside the knee—there were twenty counterfeit sixpences tied up in a hard parcel.
Prisoner. I was going to the West India Docks, and found the parcel—when the officer took me it was knocked out of my hand—I had no pockets, and no stockings on. Witness. There was a hole at the bottom of his pocket, and the packet had gone down inside the trowsers—it lodged close to the knee—the stocking would stop it, and the tightness of the trowsers—it appeared to me to be the top of a stocking if there was no foot to it.
GUILTY . * Aged 19.— Confined One Year.
JOHN WILLIAM CARRINGTON . I am a dentist, and live in High-street, St. Giles. On the 21st of Feb., about one o'clock, the prisoner and two companions came into the shop—one of his companions requested to have a tooth extracted—I examined his mouth, and found no tooth that wanted extracting, but he fixed on one in the lower jaw—I saw it was quite sound, but he said he would have it out—I walked with him back into the surgery to take it out—the prisoner and the other man went with him into the surgery—I set the patient in a chair to perform the operation, and immediately opposite
was another chair, on the back of which was my coat—the prisoner passed to the chair where the coat was, and as I was performing the operation my back was towards him—as I applied the instrument to the man's tooth he slipped out of the chair—I set him up, and attempted again, and he served me the same trick again—I set him up a third time, and the tooth came out—while this was doing, the prisoner stood by the chair where the coat was, and his companion who was tried last sessions took the coat away, but I know the prisoner must have taken the coat, and passed it to the other man—in a few minutes after the companion of the prisoner left, and then the poor man who had lost the tooth rinsed his mouth, and paid me 6d. and left—I followed him to the door, and saw him cross—I then went back to the surgery and missed the coat—I had seen the coat when I showed the man into the surgery—I am sure the prisoner was one of the men.
Prisoner. Q. What is it you swear to me by? A. I swear you are the man—you have a mark on your face under your eye, which I noticed at the time—you were joking about the tooth, and told him not to take his head off instead of the tooth—you are the man that came into the shop.
WILLIAM BAKER (police-constable E 108.) I gave information, and the prisoner was apprehended in the City—I took the other man into custody from the description—I had seen the prisoner in company with the other two, and when I took the other man, which was about a quarter to one o'clock, on the next morning after the robbery, the prisoner and another man were with him.
Prisoner. Q. How were we in company? A. You were on the same side as Hurry was when I took him—there were a great many prostitutes and thieves, but you three were together in High-street, just before you come to the Rookery—I was waiting for another constable to take you all three, but he did not come—I took Hurry, and you ran away—I have been in pursuit of you ever since.
Prisoner. I was at work at my mother's the day the robbery was committed.
GUILTY .† Aged 27.— Transported for Seven Years.
1289. ROBERT CRAWFORD , was indicted for stealing, on the 23rd of Jan., 4 gowns, value 16s.; 1 pair of shoes, 4s.; 2 curtains, 3s.; 5 table-cloths, 8s.; 1 shawl, 2s.; 5 pillow-cases, 5s.; 3 brushes, 5s.; 1 coverlid, 4s.; 8 petticoats, 8s.; 1 bedtick, 8s.; 7 sheets, 18s.; 2 coats, 2l.; 4 handkerchiefs, 4s.; 2 quilts, 3s.; 1 set of bed furniture, 5s.; 1 printed book, 3s.; 1 pair of trowsers, 15s.; 1 waistcoat, 8s.; and 1 ring, 5s.; the goods of Thomas Charlton.
THOMAS CHARLTON . I had to go as a patient into Guy's Hospital, and I arranged with the prisoner to take care of the articles stated in this indictment—I left them in his charge—while I was in the hospital he came to me—he said he had been honest, but now he was an unprincipled man, and I should be sorry I had ever known him—I found the prisoner at a fancy dressball at the Jacob's Well—he told me he should go there—I got an officer, and took him—almost all he had on except his shirt was mine—I then went to my lodging in Well-street, Oxford-street, where I had left the prisoner to take care, and I found there eleyen duplicates—all my things were gone.
Prisoner. I asked you for the loan of these things. Witness. Yes, but I declined to let you have them—I did not authorise you to wear them, or to pledge them.
(Property produced and sworn to.)
Prisoner's Defence. In October my prosecutor had to go to Brighton on account of part of the family that he lived with going there to reside; he particularly desired me to come to Brighton to see him, and told me if I had not the money to pay my fare by the railway, that I might pledge his silver spoons to get money to take me; I declined the thought of going on account of not being well. At this time the prosecutor's daughter was in want of shoes; she applied to one of her father's fellow-sevants for money to buy them, but was refused; I then pledged the silver spoons that her father told me to pledge, and with part of the money I bought her a pair of shoes, and applied the remainder to my own use. When my prosecutor returned from Brighton I told him; he said I had done quite right, that he was very much obliged to me, and I might pay him when I was able, what I had made use of for myself. I went to see him at Guy's-hospital; on one occasion he gave me the keys of his chest and box, and said that I might take anything I wanted and pledge until I got into work; at this time he was indebted to me for the making of two suits of clothes for his son, and always when I went to see him at the hospital I took him money, tea, sugar, butter, &c, besides paying washing, out of the money I got by pledging his property. I asked him for the loan of a suit of clothes and other articles; he said I might take anything I wanted; this suit of clothes, &c, I had on when taken, and what I pledged was not with the least intention to rob or defraud him."
THOMAS CHARLTON . I gave him the key of a chest, to take out a shawl, to make himself a waistcoat, and me one—he made one for himself, but not for me; but that was not the chest that had these things in it—I gave him 8s. one day, and he brought me the worth of that, and about 6d. more, in butter and tea and sugar, and other things—I still kept the key of the box that had these things in—I did not give it to him—I never said I would allow him to pledge these things.
THOMAS CHARLTON . I had these spoons, brooch, and ladle—they were sent up in my chest, and the key of it came up in a letter soon afterwards—when I asked the prisoner for the key he said he had lost it, and it cost me
2s. to have another key—when I came home from Brighton I examined the chest, and the spoons, brooch, and ladle were all gone—these are them.
Prisoner. Q. Will you deny to me that you did not tell me to pledge these spoons? A. No; it is false—I did not tell you to pledge my plate, and pay your fare to Brighton—you told me you pawned these things to buy a shawl to send to your mother, in Scotland.
Prisoner. No such thing; I pawned the things for your girl, in Marylebone-lane. Witness. I did not authorise him to pledge them at any time—I did not know of it till I opened my box with a new key, and saw the duplicates of them.
WILLIAM THOMAS BARTON . I am a pawnbroker, and live in Oxford-street I produce these spoons, which were taken in pawn by a person who has left our service, but I have a duplicate which corresponds with the one that is here.
Prisoner. You asked me whether I would sell it or not, and I said I would not lose it for 18l. Witness. I do not recollect that—I asked you whether you brought it with an intent to sell it.
(Property produced and sworn to.)
Prisoner. The prosecutor tells a falsehood if he says he did not send me a letter to pawn these spoons to pay my fare—the letter was burnt, and he knows it well.
(The prisoner put in the same defence as in the last case.)
Prisoner. His daughter went to this woman, and could not get the money of her; I bought the shoes with the money for these things; ten days after the woman paid me 13s.; I went and paid 6s. 6d. for the carriage of a chest from Leicester; the rest of the money I did make use of, and when the prosecutor came home to Montague-street, I told him what I had done; he said he was much obliged to me, and his girl would have gone without shoes if I had not done it; he owed me for making two suits of clothes for his son.
GUILTY . * Aged 25.— Transported for Seven Years.
CATHERINE WYNESS . I am twelve years old. I know I must tell the truth. I live with my father and mother, in East-street, Manchester-square. About eight o'clock, on the 24th of March, I was going in doors, and saw the prisoner coming out with a blanket and a shift under her arm, hanging down by her side—I said, "Don't shut the door"—she pushed me down, and shut the door—a gentleman stopped her directly.
THOMAS DICKENS . I was called out by Catherine Wyness—she begged some one to stop the prisoner, and I stopped her in Paddington-street—she had a bundle—she brought it back to East-street, and threw it into the prosecutrix's lap.
ELIZABETH WYNESS . I am the wife of Andrew Wyness. About ten minutes past eight o'clock the prisoner was brought back to my house—she had a bundle—she threw the things into my hands, and said, "There is them all—pray forgive me"—this blanket is mine—it had been hanging on a line.
Prisoner. I beg for mercy; distress drove me to it.
JOHN SHOVELLER (police-constable D 155.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person who was tried then, and she had been tried before that.
GUILTY . Aged 43.— Transported for Seven Years.
WILLIAM KEYS . I am shopman to Mr. Edward Day, who lives in Rupert-street, Commercial-road. On the 20th of March, about seven o'clock, I was in the counting-house—I saw the prisoner come into the shop and take a bundle—I pursued, and he dropped it—a young man picked it up, and gave it me—I overtook him after he had been stopped by a stranger—I had never lost sight of him—this is the bundle—it contains six worsted shirts, which are my master's.
Prisoner. He was writing in the counting-house at the end of the shop, and how could he see me? Witness. I saw him, and never lost sight of him—the counting-house is in a line with the shop—there is no partition.
GUILTY . Aged 19.— Transported for Seven Years.
1293. GEORGE PIKE , was indicted for stealing, on the 15th of March, 49lbs. weight of lead, value 7s.; the goods of Margaret Craven and others, and fixed to a building.—5 other COUNTS, varying the manner of stating the charge.
THOMAS WEBB . I am a livery-stable keeper, in Red Lion-street, White-chapel. The prisoner was in my employ for five or six weeks before the 14th of March—I sent him to the roof of the stable to clear the snow off—he did not say anything when he came down, but when the snow was gone the wet came in, which it had not before—I then sent him up a second time, and said he must have removed something—I afterwards went up myself, and found the lead was off from under the sky-lights—I came down and told him it was not surprising that the wet came in, when some one had been stripping the lead from the sky-lights—it appeared to be gone from ten or eleven sky-lights—the policeman afterwards stopped the prisoner with some lead—I have not examined it—I am a tenant at will of those premises under Mrs. Margaret Craven and others.
Cross-examined by MR. WILDE. Q. The prisoner is not the only man you have? A. Yes, he is—he does all kind of business for me out of doors—I do not live there.
JAMES EVES (police-sergeant H 14.) I stopped the prisoner with this lead on the 14th of March—I asked where he brought it from—he said, from his work, in Red Lion-street—I took him to the station, and he there said he had found it, and Mr. Webb was his master—I went there, and saw Mr. Webb—I examined the premises, and fitted this lead, which corresponded exactly to the places where the lead was taken from.
Cross-examined. Q. Where did you meet him? A. In Leman-street—when I took him to the station, he said he had heard some lead had been stolen from Craven's.
(The prisoner received a good character.)
GUILTY . Aged 44.—Recommended to mercy.— Confined Two Months.
THOMAS WILLIAM MILLEDGE . I live in Store-street, Bedford-square. On the 23rd of March, about a quarter past one o'clock, I was in a room adjoining my shop—I saw the prisoner come in and take this piece of cloth from the window—I pursued, and saw him drop it—I took him twenty or thirty yards off—this is mine.
Prisoner. I beg for mercy.
GUILTY . Aged 17.— Confined Three Months.
JOHN YOUNG . I am shop-boy to Mr. John Brown, cheesemonger, in John-street, St. Marylebone. On the 16th of March, about a quarter past ten o'clock, I saw the prisoner outside, and saw him lift a piece of bacon off the board—I ran out, and called, "Stop thief"—he put it on the rails at the corner of the house, and ran off—I followed, and called, "Stop thief"—he was stopped, and my master came up—the bacon was my master's.
Prisoner. I ran against the board, and knocked the bacon down; I had no intention of taking it. Witness. He had got about three yards from the house—I am sure I saw him lift it off with his hand.
GUILTY . ** Aged 23.— Transported for Seven Years.
MR. BODKIN conducted the Prosecution.
ANN KIDD . I am housemaid to the Rev. Edward John Smith, a clergyman, at Norwood, in Middlesex. The prisoner used to come to his brother, who was in Mr. Smith's service as footman—he used to come to fetch his brother's linen—the forks were kept in the parlour, but they were brought down into the pantry, where the prisoner's brother used to clean them in general—I remember missing a fork on a Saturday—the prisoner had been there on the Thursday before, assisting his brother—he might have been there an hour, or an hour and a half—this is my master's fork—it has his crest on it.
Cross-examined by MR. PAYNE. Q. You have not anything to do with taking care of the forks? A. No—this prisoner was there on the Thursday, and on the Saturday night I saw his brother counting the forks in the kitchen—there were then five large forks, and there ought to have been six—it was after that that I told my mistress of the fork being missed—I had not seen them counted on the Friday—mistress looked them over the Friday morning—she put them all to rights—she was not above two minutes doing it—she made no complaint then of one being missed.
MR. BODKIN. Q. Whether she counted them or not you cannot say? A. No—Thursday was the 23rd of March.
WILLIAM STEVENS . I am assistant to Mr. Newcomb, who is a watch-maker at Hounslow. The prisoner brought me the piece of this spoon with the crest on it on Monday, the 27th of March—I asked him where he got it—he said his father was a moulder, and he had found it in the brick earth—I gave him 2s. 8 1/2 d. for it—I had never seen him before.
Cross-examined. Q. Are you sure it was him? A. Yes—he was there perhaps ten minutes—I swear he is the same boy—we do not have many persons in our shop—we keep a sale-shop as well as a watchmaker's—I know the prisoner by his face, and by his appearance altogether—he was dressed in a frock coat, and he had a cap with a tassel—I saw him again on the Saturday, and knew him.
WILLIAM FLURRY . I live at Hampton. The prisoner gave me this prong part of this fork, and said, "Will you go to Mr. Ward's, and ask him if this is silver; and if he asks you where you got it, say you picked it up in the road?"—I did not say any thing to that, but I went to Mr. Ward's, and he would not have any thing to do with it—I went back to the prisoner, who was waiting at the top of King's Arms-lane, and told him he must send his mother, for Mr. Ward would have nothing to do with it, and he had kept the fork—the prisoner said he would be blessed if he would not send somebody else that would have it—I saw him go to Mr. Ward's.
GEORGE WARD . I am a watchmaker, and live at Hounslow. On Tuesday, the 28th of March, Flurry brought me the prong part of this fork—I refused to have anything to do with it, but detained it—soon after Flurry was gone the prisoner came in and demanded it, saying it was his—I asked him to stop till Mrs. Flurry came—he left, and the next morning I gave this part of the fork to the policeman.
Cross-examined. Q. Had you ever seen the prisoner before? A. Not to my knowledge—I would not swear to him, but I believe he is the boy.
CHARLES JEEKS (police-sergeant T 20.) I heard of the robbery, went to Mr. Ward's, and got this part of the fork—I then went to Mr. Newcomb's, and got this other part—I took the prisoner at Heston—I told him it was on suspicion of stealing a silver fork from Mr. Smith's—he said he had done nothing of the kind, I was wrong.
GUILTY . Aged 13.— Confined Six Months, and Whipped.
1297. MARY HARBORD , was indicted for stealing, on the 8th of Nov., 1 50l. Bank-note, the property of Joseph Robert Raines; and MARGARET FLEMING , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. BALLANTINE conducted the Prosecution.
JOSEPH ROBERT RAINES . I am a brevet major in the 95th regiment. In Nov. last I was lodging in Marshall-street, Golden-square—on the 8th of Nov. I left a 50l. Bank-note on my dressing-table—Harbord was then servant in that house—when I came home the note was lost—I spoke to Harbord about it at that time, and several times afterwards, and offered her 5l. if she succeeded in finding it—she said she had not found it.
WILLIAM FALLOWFIELD SLEE . I am a school-master, and live in Marshall-street, Golden-square; Major Raines and his lady were lodging there in Nov.; Harbord was then in my service. On the 8th of Nov. a 50l. note was handed to me by Mrs. Raines to get change—I wrote my name on it—I tried to get it changed, and could not—on the 9th I heard it was lost—I spoke to Harbord about it several times—she left me on the 5th of Dec.
HANNAH HARBORD . I am the prisoner's sister—she returned to Yarmouth three days after Christmas—three or four days after she came home she showed me, one morning, a piece of paper—I did not know what it was, and she did not tell me where she got it—I went with her to Yarmouth—(we live nine miles from Yarmouth)—I showed the paper to Fleming—she read
it, and said it was a 50l. note—I called out to Mary, whom I had left at the door, and said, "It is a 50l. note"—Mary said, "Tell her I will give her half-a-sovereign to take it to the bank and change it"—Fleming came out, and I went a little way with her, and then she went on to the bank—when she came back she had got eight pieces of paper, which she said were 5l. notes, nine sovereigns, a half-sovereign, and ten shillings—Mary had the eight 5l. notes, nine sovereigns, and nine shillings—Fleming took the other shilling out of my hand.
JOHN YOUELL . I am a cashier at Laycorn's bank, at Yarmouth. I cashed this 50l. note, which is here produced from the Bank of England—I received it from Fleming—I knew who she was, but I did not know she was receiving 2s. a week from the parish—I gave her eight 5l. notes and ten sovereigns—she then asked me to change one of the sovereigns—I did not deduct 1s.
JAMES WINFIELD . I am an officer of Yarmouth. I assisted in taking Harbord—I know Fleming—she writes letters and tells fortunes—I found one 5l. note between a pack of cards, in a band-box, at Harbord's father's.
LEWIS HIRAM SMITH . I am superintendent of the Norfolk police. I took Harbord—she was examined before the mayor of Yarmouth—I heard her make a statement about the other notes—she said she buried them in her father's garden, and the wet came down and spoiled them—she said there were 35l., and she took up the remains and burnt them.
JOHN YOUELL re-examined. This 5l. note is one of my master's, and there were several more—I have heard they have been destroyed—that will not satisfy my masters—they will not make it good—I did not take the numbers of the notes, it is not customary—I took in the 50l. note.
HARBORD,— GUILTY . Aged 22.
FLEMING,— GUILTY . Aged 65.
Confined One Year.
GUILTY . Aged 13.— Confined Two Months, and Whipped.
GUILTY . Aged 20.— Confined Three Months.
1300. THOMAS COX, THOMAS CROSBY , and WILLIAM ALLEN , were indicted for stealing, on the 19th of March, 40lbs. weight of fat, value 10s., the goods of Richard George Baker; and that Cox had been before convicted of felony; to which
COX, pleaded GUILTY . Aged 13.— Confined Three Months, and Whipped.
CROSBY, pleaded GUILTY . Aged 10.
ALLEN, pleaded GUILTY . Aged 17.
Confined One Month, and Whipped.
1301. ROBERT THOMAS was indicted for stealing, on the 20th of Feb., 1 pair of boots, value 10s.; 1 watch, 3l.; 1 watch-guard, 1s.; and 2 half-sovereigns, and 5 pence; the property of Charles Donges; to which he pleaded
GUILTY . Aged 17.— Confined Three Months.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
EDMUND BATES . I am a miller, and live at Wettonstone, in Hertfordshire. I am in the habit of sending up flour and corn in sacks to London—when my servants go, they very often bring back some kind of goods, sometimes oats or bones—we do not regularly count the sacks when they return, because they are partly filled with corn, and partly empty—in consequence of information, I went with a policeman and warrant to search the prisoner's house, at the Bull-inn at Whetstone, where my horses stopped regularly to bait and sleep—I went into several bed-rooms—in one of them I found two of my sacks nailed across the bedstead, from one side to the other, for sacking—in the same room I found another on another bedstead, nailed in the same way—in another room I found three bran sacks, converted into a straw bed—altogether I found twenty-seven sacks, which I believe to be mine—they are worth about 2s. each.
Cross-examined by MR. BALLANTINE. Q. Some of them are marked? A. Yes, and one or two among the others I know are mine—I did not take some away and bring them back—I took only those that were branded in full first, and then the others—I cannot recollect the name of the person from whom I received my information—I did not know him till then—I do not know whether his name was Fulbrook—the prisoner said he was his servant—I do not know that he had turned him away as a thief—I have not made any inquiries respecting him—the last time I saw him was at Whetstone—I did not know that his wife made the beds at the prisoner's—I have a great number of sacks at my premises—I do not know that I have any belonging to other persons—I know sacks are changed by the bakers in London—my carts stopped and slept at the prisoner's house, and have done so for some years—I never suspected the prisoner till Friday morning—in coming back from town my carts might have a bundle or two of empty sacks—I have no customers near the prisoner's house nearer than Barnet, which is about two miles off, but it is very rare that I send any there.
CHARLES EVERETT (police-constable S 272.) I went with the prosecutor to the prisoner's house at Whetstone—I found some sacks attached to the bedsteads—I found twenty-seven in all, and I took the prisoner.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
THOMAS RUTLEDGE (police-constable H 192.) I was on duty at the Brandy-quay, in the London Docks, about seven in the evening of the 16th of March—it was partly dark—I heard a noise like the rustling of clothes, and the breathing of some person, and there was a smell of brandy, which led me to where I found the prisoner lying under a steamboat-boiler, with a cask of brandy near him—the head of the cask faced to where he was lying down concealed—I spoke to him—he said he came there to get a ship, and had lost his way, and could not get out—I asked where he lived, he said at Shad-well, and he was a willow-cutter—he gave me some name—I asked him what he was doing about the brandy—he said, "Nothing"—I saw Rudkins, the officer—we searched the prisoner, and found these three spiles in his jacket-
pocket—he said he cut them that day with his knife—I asked what for—he said for amusement—I pointed out the spot where I had taken him to Rudkins—when I was taking him to the station, he said he lived in Essex-street, Whitechapel.
Cross-examined by MR. HOBRY. Q. You were looking about near this place for a quarter of an hour, were you not? A. Yes—the steam-boiler was lying on a truck, and the prisoner was under the truck.
DANIEL RUDKINS . I am a constable of the London Docks. On the 16th of March, my attention was called by Rutledge—I saw the prisoner—Rutledge pointed out the place to me—I went there, and felt the head of the brandy-cask, near the boiler, and found a spile sticking in the head of it—I felt on the bulge of the cask, and found a hole bored in it, and near the head of the cask I found this bladder, with a quart of brandy in it, and this gimlet by the side of it—I have compared the brandy in the bladder with that in the cask, and it corresponds.
CHARLES WEBB . I am keeper of the brandy vault, at the London-dock. Some brandy was shown to me in a bladder by Rudkins—I have drawn some from a cask near the steam-boiler—it appears to be exactly the same quality—this spile taken from the cask is not such a spile as is used in the docks—these other three are of the same sort of timber, and this gimlet would have made such a hole as was in the cask.
Cross-examined. Q. Have you got one of the spiles that they use in the docks? A. No, they are made of ozier and hazel, not of this sort of wood—we always have them made by a machine—these are made by a knife—there were other casks near this, containing different sorts of brandy, and some the same sort—none had been removed that day—they were only landed that afternoon.
GUILTY . Aged 18.— Confined Two Months.
PATRICK KILROY . I am a tailor, and live in Marmaduke-court, Cannon-street-road. The prisoner came to my house in the afternoon of the 9th of March—he asked if I could spare any job—he seemed in a deplorable state; so I told him I would—he worked on Friday and Saturday at one of the jackets which he had taken—at eleven o'clock on Sunday I and my wife left home to go to chapel—the prisoner was up stairs in the house, finishing the jacket—no other person was there but my aged mother-in-law—we returned at one—the prisoner had absconded and taken five of the jackets and a pair of scissors—my mother-in-law told me something—I went to the station and gave information—these are my scissors.
Prisoner. Q. Were the jackets in the house when you went to chapel? A. Yes, I saw them last at ten o'clock on Saturday night
WILLIAM ARGENT (police-constable H 128.) On the Sunday I received information and went after the prisoner. On the Tuesday I met the pro-secutor, and we went to Bishopsgate and found the prisoner—the prosecutor charged him with stealing these jackets—he said nothing—I found on him 16s. 6d., and a pair of scissors, a duplicate for one of these jackets, and a few pieces of cloth.
Prisoner's Defence. I found the ticket in Sun-street.
GUILTY . Aged 45.— Confined Six Months.
CHARLES ROBINSON, JUN . I am nine years old, and live with my father, Charles Robinson, in Great James-street, Hoxton. At ten in the morning of the 21st of March I was at West-place, and saw my mother wrap up two shillings, a sixpence, and six halfpence, in a piece of newspaper, she gave it to me to take to my father—I went through West-street—the prisoner came behind me and knocked it out of my hand on the ground—he picked it up and ran away—I ran after him, and hallooed "Stop thief"—a boy caught him—I did not lose sight of him—a policeman laid hold of him—this is the money and paper.
WILLIAM EDWARDS . I live in Mason's-place, York-street. I was at the corner of West-place—I heard a cry of "Stop thief," and saw the prisoner running and Robinson after him, calling "Stop thief"—the prisoner ran up John's-row to Waterloo-street, and I saw him stopped.
SAMUEL HARRIS . I am a policeman. A boy stopped the prisoner—I took him—Robinson came up directly, and said he had robbed him of 2s. 9d.—the prisoner said he was innocent—I took him to the station, and found nothing on him—at we were going back a woman gave me this money and paper.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Nine Days, Solitary.
CATHERINE DOWNEY . I am the wife of Dennis Downey, of Limehouse. The prisoner came to lodge at my house on the night of St. Patrick's day—on the Tuesday following I saw my gown safe at eight in the morning in my bed room, and my cloak and shawl up stairs on a line—I missed the gown at eleven o'clock—I asked her if she had seen it—she said, "No"—I said, "If you have pawned it let me have the ticket"—she said, "I have, and here is the ticket"—it was the ticket for the shawl—I went to the pawnbroker's and released it for 2s. 1 1/2 d.—I there found my cloak and gown—he said he could not let me have them without the ticket—I asked the prisoner for the ticket—she would not give it to me—there was nobody there to take them but her.
Prisoner. She told me to do it. Witness. No, I did not.
WILLIAM DICKER . I am a pawnbroker, and live in the Commercial-road—I believe this shawl to have been pledged with me, but it has been out of my possession since—it was one similar to this—this cloak and gown were pledged with me by the prisoner.
GUILTY . Aged 30.— Confined Three Months.
LEONARD SALTER CLARKE . I am assistant to John Berry, a linendraper, in Church-street, Marylebone—on the 9th of Dec. I had a piece of print tied to this stool, about half a yard, inside the door, about half-past eight o'clock in the evening—I missed it about ten minutes after, with the stool—the policeman came back with the print, and a neighbour brought the stool the next morning.
Cross-examined by MR. PAYNE. Q. Had you not taken it off the stool
several times to cut pieces off? A. Yes; I am sure I tied it on to the stool each time—I know this is it—it had a ticket on it, which has been torn off, and the pin was left behind in the same place—I can swear to it by a piece that was cut out of it.
MATTHEW REARDON . I am a policeman. A little before nine o'clock that evening I was in Devonshire-street, Lisson-grove—I saw the prisoner with something bulky under his coat—I stopped him and said, "Harper, what have you got here?"—he said, "Nothing but clothes, belonging to my sister"—I pulled this print from under his coat, and said, "You must come with me"—he said, "Let me go; I will walk along with you"—I did not let him go—he walked a few yards and then struck me in the face, kicked me violently, called for assistance, and got from me—I sprung my rattle—it was a very foggy evening, and he got away.
GUILTY . * Aged 19.— Confined Twelve Months.
WILLIAM MARSHALL . I am a watch and clock maker, and live in the Hackney-road—about a quarter before nine o'clock in the morning of the 18th of March I left my shop, leaving a time-piece on the table—the door was open—I came back about eleven o'clock, and it was gone—I saw it at Marylebone office—this is it.
Cross-examined by MR. PAYNE. Q. What do you know it by? A. The name and the number—it had not been sold.
WILLIAM POWELL . I am a shoemaker—on the morning of the 18th of March I was in Bell-street, Marylebone, with Langley—I saw the prisoner with something under his arm, covered with an apron—I went after him—he ran away—I ran and stopped him, and asked what he had got—he did not say; but said it had been given him—I took him, and found it was this time-piece.
Cross-examined. Q. Are you in training for the police? A. No; I have been in the police—I went after the prisoner at Langley's request.
WILLIAM EADE . I am a policeman. I was in Great James-street—Powell brought me the prisoner and the time-piece, covered over with an apron—I asked the prisoner what he had got—he said he did not know—I asked where he got it—he said a little boy gave it him round the corner—I made inquiries—the prosecutor came and owned it.
GUILTY . Aged 18.— Confined Twelve Months.
JOHN CHEESEMAN . I live in Devonshire-street, Lisson-grove—on the 24th of March I had this coat hanging on a line near my parlour-door—in the afternoon, about three o'clock, I was in my parlour, and saw the prisoner go out of the shop-door with this coat in a shawl—I followed her next door and stopped her—I took it from her and brought her into the shop, laid it on the counter, and sent for a policeman—the prisoner went on her knees for me to pardon her—she said she was a transgressor, and took it "promiscuously"—she was intoxicated.
HILL BECK . I am a policeman. I was called, and took the prisoner and this coat—I said, "You hear what you are charged with"—she said, "I don't care a d----n, you can only transport me"—she was drunk.
Prisoner. My husband has deserted me these last four years—Iwent in to sell an old shawl, and was tempted to take it—I was starving.
GUILTY . Aged 35.— Confined Six Months.
MATILDA STEVENS . I am the wife of William Stevens, a baker, and live in Memel-street, St. Luke's—I make shirts—the prisoner came to work for me for a week—about two o'clock in the afternoon of Monday, the 13th of March, I gave her a shilling and a jug to get a pint of beer—she was to pay for it and bring me the change and the beer—I never saw her till the next day, when she was at the station—she said there she bought two rings with the money; and I heard her say at Worship-street that she went to the theatre with the money—that a boy fell against her and broke the mug.
Prisoners Defence. I should have come back with the money and jug but I had the misfortune to break the jug.
GUILTY . Aged 19.— Judgment Respited.
NEW COURT.—Saturday, April 8th, 1843.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 27.— Confined Three Months.
GUILTY .— Confined One Month.
GUILTY . Aged 20.— Confined One Month.
1314. JOHN SKARRATT , was indicted for stealing, on the 28th of March, 1 pair of shoes, value 5s.; also, on the 29th of March, 1 pair of shoes, 3s. 6d.; also, on the 3rd of April, 1 pair of shoes, 5s.; the goods of William James Wilkins, his master; to all which he pleaded
GUILTY .— Confined Three Months.
1315. HENRY SIMS , was indicted for stealing, on the 1st of April, 1 pair of shoes, value 2s., the goods of the Guardians of the Poor of the parish of St. Matthew, Bethnal-green; and 1 pair of scales, 6d.; the goods of Thomas Hood; to which he pleaded
GUILTY .— Confined Six Months.
1316. JOHN AUSTIN , was indicted for stealing, on the 2nd of April, 2 1/2lbs. weight of soap, value 1s., the goods of James Worrell; and that he had been before convicted of felony; to which he pleaded
GUILTY .— Transported for Seven Years.—Parkhurst.
1317. ELIZABETH SMITH , was indicted for stealing, on the 18th of March, 1 sheet, value 4s.; 2 blankets, 8s.; 1 counterpane, 1s. 6d.; 1 pillow, 1s.; 1 bolster, 1s.; and 1 saucepan, 3d.; the goods of Thomas Jones: also, on the 25th of March, 1 chair, 2s. 6d.; 1 broom, 1s.; and 18 drawers, 12s.; the goods of Sarah Sutty; to both which she pleaded
GUILTY , Aged 44.— Confined Fourteen Days.
WILLIAM WILLEY . I am in the service of Mr. Wood, pawnbroker, St. John-street, Clerkenwell. This chain was handed to me by the prisoner, about one o'clock, on the 24th of March—he asked me if it was gold—I said it was—he said he picked it up in the kennel, in Compton-street, that he dropped some halfpence, and he picked the chain up with them—I detained him.
JOHN TROUP . I am a wholesale jeweller, and live in Hatton-garden. The prisoner was my errand-boy on the 23rd of March—this chain is gold, and is mine—I had seen it safe on the evening of the 23rd of March—it was kept in the counting-house, but that evening I had used more aquafortis on it than I wished, and I put it in water to counteract it, and put it in my parlour—the prisoner left me about ten o'clock that night, and returned in the morning—I am sure it is my chain—a part of my label was on it when I saw it at the pawnbroker's—it is worth 40s.—I think the servant took it away in the water, and threw it in the dust; and the next morning the prisoner was set to look in the dust for a ring that I had lost, and I think he found this chain there—I asked if he had seen it—he said he had not—that was between nine and eleven o'clock, and he did not leave my house till half-past twelve—he was rather later than usual.
Prisoner's Defence. My master sent me to the dust-hole to look fora ring, and I found the chain; I kept it to see if he said anything about it, and he did not; I took it to the shop to see if it was gold; he asked me about it before I looked into the dust.
GUILTY . Aged 13.— Confined Fourteen Days.
HARRIET ALLEN . I am the wife of Francis William Allen, who keeps the City Arms public-house at Ratcliffe. On the afternoon of the 9th of March Jeffries was in my house, and had some gin—I saw him look to the bar-door, and beckon to Brown to come in, which he did—I believe they drank the gin together—Jeffries then tendered a shilling to pay for the gin—my little girl was going to give him change, and he said, "Nevermind, give me half-a-crown for two shillings and sixpenny worth of halfpence"—she said to me, "Can you, mother?"—I said, "Yes," I took a half-crown, put it on the counter, and put my hand on it—when I took my hand off to look at a counterfeit shilling which he offered, he took the half-crown up—he was in the act of counting the halfpence, when I observed to my little girl that one of the shillings which he had put down in change for the good half-crown was a counterfeit—Jeffries put the half-crown into his waistcoat pocket, and he would not give it up—he had put down two shillings, one of which was a very bad one, and Brown took up the good shilling, the counterfeit one, and the halfpence—I called the pot-boy to get a constable—my husband, who was very ill, closed
the door when he heard the prisoners were going—I asked Jeffries to give me my half-crown, and he denied having it—it was taken without giving me any change.
Cross-examined by MR. DOANE. Q. You put down your half-crown?
A. Yes—it was a good one, and it was taken up by Jeffries—I saw two shillings put down by him—he had not put all the halfpence down—when I asked Jeffries for the half-crown he denied that he had taken it up—he denied it before Brown took up the two shillings—I said, "You have it in your waistcoat pocket"—Brown beard that—Jeffries said, "I don't know what you mean by half-a-crown"—he put his hand into his pocket, and said he had not got it—I saw Brown take up the two shillings and the halfpence, but I was so confused at the time, I do not know where he put them—Jeffries was not insisting on having his change—he had got my half-crown, and his change was lying on the counter—Brown said, "Is it a bad one? let me look," and took the shilling from the little girl's hand—he said to Jeffries, "You must have taken this from your brother; you must take this to your brother."
COURT. Q. Did they get the shillings back? A. Yes, both the good one and the bad one, and the halfpence—I saw Jeffries take up my good half-crown—Brown could see that—he was standing directly opposite me—the half-crown was full in his view—I should almost venture to say he could not help seeing it—it was exactly before his eyes—Jeffries denied having it, and then Brown swept up the change, and took it up—they did not pay for the gin—they were searched at the station—a mob collected round the door after they were put out—there was a mob round the tap-room window—the officer had hold of them in front of the window till the boy went for another officer—they were then taken through the crowd of twenty or thirty people.
Jeffries. Q. When I came in who served me? A. My little girl—I was in the bar parlour—I was at the bar parlour window—my daughter did not come back to me with the shilling—you took up my half-crown.
EMMA ALLEN . I live at the City Arms. On the 9th of March I saw both the prisoners there—they had half-a-quartern of gin—Jeffries put down a shilling to pay for it—I was going to take it up, and he said, "Stop a minute; will you give me half-a-crown for two shillings and sixpenny-worth of half-pence?"—I asked my mother—she said, "Yes"—she took out half-a-crown, put it on the counter, and Jeffries threw down another shilling—I took up that shilling, and said, "Mother, this is a rank bad one"—Brown said, "Is it a bad one?"—I said, "Yes, it is nothing but a piece of lead"—he then took up the other shilling and the halfpence, and Jeffries took the half-crown—Brown said, "This you must have taken of your brother; you must go back and change it"—Brown put the bad shilling, the other shilling, and the halfpence, into his pocket—my mother told Jeffries he had put the half-crown into his waistcoat pocket, and he denied it—we called the pot-man out of the parlour, and told him to fetch the policeman—the policeman said if we got them outside he would take them in charge—there was a crowd outside—the prisoners passed through that crowd.
Jeffries. Q. Did you not go to your mother with the shilling? A. No—she was in the bar.
Cross-examined. Q. When Brown took the bad shilling from you to look at, and took up the other money, had Jeffries taken up the half-crown? A. He took it up at the same time—I am sure I saw him take it up—he was counting the halfpence, and had put down the two shillings—when Brown took up the other money, Jeffries had taken the half-crown—my mother asked Jeffries for the half-crown, and he denied having it.
TIMOTHY HERLEHY (police-constable K 329.) Between six and seven o'clock in the evening I was called to the City Arms—at first I mistook the nature of the charge, and begged the prisoners might be put outside before I took them—Mrs. Allen charged them with stealing the half-crown—Jeffries said he had not got it—I had a difficulty in keeping them till the other officer came—I was outside the door, holding them for nine or ten minutes—Jeffries struggled more than Brown—Brown had an opportunity of getting rid of the money—I found seven good sixpences on Brown, and 1s. 6d. in copper, and on Jeffries a penny-piece—Jeffries charged me with taking the half-crown from him.
Jeffries. I said if I had had the half-crown from the lady, he must have taken it; we were in custody all the time, and had no opportunity of getting rid of the money; if we had been struggling with this man, it is very evident he could not have held us. Witness, Jeffries struggled to get away, and said I had no authority to keep him; he charged me directly with having taken the half-crown from him; the sergeant and two or three more constables were in the station at the time.
Jeffries. It is quite erroneous, I did not have the half-crown, it was a penny-piece I picked up off the counter.
JEFFRIES,— GUILTY . Aged 37.
BROWN,— GUILTY . Aged 26.
(There was another indictment against the prisoners.
1320. WILLIAM DIX , was indicted for stealing, on the 20th of March, 1 ring, value 1d.; 3 half-crowns, 1 shilling, 2 sixpences, 1 penny, and 3 half-pence, the property of Joseph Allen, from his person.
JAMES TAYLOR . I live in Smith's-gardens, City-road, and am a constable of the Regent's-canal. On the morning of the 20th of March, I was on duty at No. 27 wharf—I saw the prisoner with the prosecutor Allen, who is captain of a boat called the Noah's Ark, which was on the basin—Allen was drunk, and the prisoner appeared to have been drinking a little—I saw them both on board the captain's boat, and I saw the prisoner shut the cabin-door, by pulling the slide—I considered he had gone to bed—about half-past two I was on the same wharf, and heard footsteps—I saw the prisoner with a bundle—I asked what he had got in that bundle—he said, "A piece of beef "—I asked how he came by it—he said, "The captain gave it me"—I took him to the boat—the captain was asleep on the side bed, and the cabin in a confused state—I told the prisoner I should take him to the station, and he ran away—I called, "Stop thief," and he was stopped by a policeman—I found on him three half-crowns, one shilling, two sixpences, one penny, five halfpence, this ring, and a tobacco-box—I asked what he had got, he said 17s., and when I found this, he said it was his own money.
Prisoner. I said I thought about 17s., as he gave it me when he was tipsy; I did not look at it; I kept him up till I could bring him on board, and then he gave me this bit of beef, and began to grumble at me; I came out and laid on a barge for about an hour, and then I got up and walked about. Witness. When I went down into the cabin I saw the captain lying on the side bed, and the cross-bed turned up; I found a dish of salt beef; the drawers and cupboards were open; the captain was so drunk I could not awake him.
the 20th of March the prisoner helped me with my boat through the tunnel of the Regent's Canal—I then took him to a public-house and gave him some beer—I got drunk—I know I had got a ring and some money in my pocket, but I do not know how much—I did not count it—when I awoke I put my hand to my pocket, and missed my ring, and all my money, but one farthing-I also missed a piece of beef—I did not give him any beef, I am sure, nor did I tell him to take care of my money or ring—I am sure I gave him nothing but 6d. for his work, and some bread and cheese—I did not take my ring out of my pocket, and tell him to take care of it—I saw the state the cabin was in when I awoke in the morning—I did not know what to think about it—it was turned upside down—it is not usually so.
Prisoner. You went to the Windsor Castle, and paid for a quartern of gin, pulled out the change and the rest of the money; I pulled you away from two policemen, and when we sat down in the cabin you gave me the beef. Witness. I had the money and this ring in this purse, in my pocket; they left me the purse and one halfpenny—I am sure I had the money when I went into the boat; I never handed over my money to him to keep; I am sure this is my ring; I had some half-crowns and small silver; I did not count it.
GUILTY . Aged 29.— Confined Six Months.
1321. JOSEPH CARTER , was indicted for stealing, on the 18th of Feb., 5 sovereigns, 17 shillings, 3 pence, 4 halfpence, and 4 10l. Bank-notes, the monies of John Roberts.—2nd COUNT, for stealing an order for the payment of 47l. 17s. 5 d.
MR. BALLANTINE conducted the Prosecution.
JOHN ROBERTS . I am a seaman, and was lately employed on board a ship called the Barrett, Jun.—I was discharged from her in China, and received a paper for my wages—I lost the paper and my clothes on my passage home—I arrived in England about ten weeks ago, in the Cleopatra, a merchant vessel—on my arrival I applied to Mr. Soames, the owner of the Barrett, Jun., for my wages, and they would not give them me on account of the loss of my paper—they desired me to get two securities, and an affidavit—I went to the Thames police to make an affidavit, and there I saw a man named Kelly—he touched me on my shoulder, and took me to a public-house—he took me that night to the prisoner, who is landlord of the Black Horse, at Cock-hill, Ratcliffe-highway—I went with the prisoner and Kelly before the Lord Mayor, to make an affidavit—I was then lodging at the Black Horse—Kelly was to have come with me as security to Mr. Soames, but he got to high words with Soames, and Soames would not take him—the prisoner showed me a paper which he had signed, with a Mr. Johnson, a person whom the prisoner had obtained to put his name to it as security—I went with that paper, and the prisoner to Mr. Soames's office, in Ratcliffe-highway, not far from the house where I was stopping, on the 18th of Feb., and Mr. Soames's clerk paid me a cheque—I signed my name on the cheque—I was going to take it up myself, and the prisoner took it up before me—he took it from the hand of Soame's clerk—I then went with the prisoner to Williams's, the bankers in the City, in a cab—he had the cheque, and when we got to the banker's door he jumped out of the cab directly, and said nothing to me—he went to the bank directly, and I stopped in the cab a bit—I did not know which was the bank—I thought it was a public-house, or something—after a while the cab-man said, "Why don't you go in and get your money?"—I then followed the prisoner in, and when I got in he was just coming out, and putting the notes in his pocket-book—he said to me "It is all right, my lad "—the cheque was for 47l. 17s. 5d.—I had not given him permission to put in
his pocket-book or in his pocket at all—I had at that time been lodging at his house, and I had got in debt to him—I was there a fortnight at 14s. a week, and to drink out, which would come to 1l.—I had agreed to give him something for becoming my security—I was willing to give him 5l. altogether—after he had got these notes into his own pocket-book we went to a public-house close by—he offered me 34l., and 34l. 10s.—I thought he was gammoning me—he did not produce the money—I offered to settle it with him if he would give me 35l., but he did not produce the money—he said, "Come, don't be hard, lad; come, take 34l. 10s., "but he did not produce the money at all—I had previous to that told him I was going by the railway to Liverpool—I had made up my mind to go, and he told the cab-man to drive up there, still keeping my money—when we got there we went to the boxes to ask the fare, but they were not going to start till four o'clock, and they would not take the money down—the prisoner was willing to pay my passage down—I had drunk at different public-houses, and when I got to the railway I was about half-and-half—we went to the Railway public-house, and had something to eat and to drink—it was a very cold day, and I went to the tap-room fire to warm my feet—the prisoner brought me a glass of grog hot, and said, "Here, lad, here is 2l. for you; take that for your pocket money now, and I will settle with you directly"—I am quite sure he said that after we left the railway station—he then went away, and I sat making myself comfortable for half an hour, for him to come back—the last time I saw him he was standing at the bar, talking to the landlord—he left me in the tap-room, and I lost sight of him—I did not see him again till he was taken up, which was about a month after—I went down to the Black Horse that very night—I paid 10s. to a cab to take us there—I could not catch the prisoner—I stopped at the Black Horse three days, waiting for him—I had not a farthing but the 2l., and I was forced to pay the man's passage back in the cab who had gone as a witness—Kelly came and took charge of the Black Horse instead of the prisoner—I got something to eat and drink there—I have never got a farthing from the prisoner from that time to this—after I had charged him I was taken from my house to two men, and I signed a paper, and received 8l. from them—I was very badly off at the time—I had no means of subsistence, all my money was gone—I had been out for four years making this 47l.
COURT. Q. At what part were you? A. On the north coast of China, in a troop-ship, with the expedition.
Cross-examined by MR. WILDE. Q. You had some difficulty in getting this certificate of yours answered by Soames? A. Yes, I applied to Kelly, and afterwards to the prisoner, to try to get my money—I often saw him about getting this money for me, and when the prisoner made the security out I went with him to get this money—I did not give the certificate to him; Kelly gave it him—we got to Mr. Soames about ten o'clock—all the clerks were in the office—I know the clerk by sight who gave me the cheque—there were two or three more clerks there—I did not give the prisoner the cheque to get cashed on my behalf—I receipted it myself—it was before me and the prisoner—I took it out of the hand of the clerk, who took it back after I signed it—he brought it back, and the prisoner took it up—I did not express any sort of dissent to his taking it—I thought it was all right—I did not like to make a noise in the office—I took him to be an honest man—I was to pay him 5l. for lodging, drink, security and all—I had been drinking a great many glasses on the day I got this cheque—I cannot tell exactly how many—I was too much in my glory when I got my money—I do not mean that it produced
an excitement, but I had a great deal of trouble to get my money paid—I was disposed to believe I should not have got my money without the prisoner—I suppose I was to have paid Johnson something for being a joint security—I do not know whether he got any thing.
COURT. Q. Did you mean that the prisoner should take up the cheque?
A. No, I was going to take it up myself.
MR. BALLANTINE. Q. Did you intend to receive your money yourself, or that it should find its way into the prisoner's pocket? A. I was going to receive it myself.
ALFRED WALLEN . I am clerk to Mr. Soames, a ship owner. I produce this cheque for 47l. 17s. 5d. on Messrs. Williams—I received it from there—I remember it being paid—the prisoner and the prosecutor were both present—they came together—I delivered the cheque—the prosecutor made his mark to it, and I witnessed it on the back—I then put it on a desk before the prosecutor—I believe the prisoner took it, but I cannot swear it.
COURT. Q. Did you deliver it out as payment to Roberts? A. Certainly; the memorandum on it is a voucher that he had it as payment.
WILLIAM RAWLINSON . I am a clerk to Williams and Co., bankers, Birchin-lane. I paid the money for this cheque, but I cannot say to whom—I paid four 10l. notes for it, and the rest in money—there were some sovereign amongst it—the notes were from No. 25516 to 25519.
HENRY JOHN PARKE (police-sergeant K 10.) On the 14th of March I was in Arbour-square. I saw the prisoner in Arbour-street—a complaint had been made by the prosecutor at the Thames-police, and I followed the prisoner—he then crossed the road and turned round and beckoned me—he said, "I intended to have given myself up before this, having seen something in the paper, but I have not been able, having been laid up with the rheumatic gout"—and on the way to the station he said, "To tell you the truth I lost three of the ten pound notes before I left the terminus at Euston-squtre, and a five pound note."
COURT. Q. He could see you were after him? A. Certainly; he walked from me and then beckoned to me—I have known him eight or nine years.
Cross-examined. Q. What do you know of him generally? A. I was surprised when I heard of this transaction—I have known him in three houses, and thought him a respectable man.
MR. BALLANTINE. Q. What sort of houses did be keep? A. The last I believe was not a very respectable house—he was in partnership with Mr. Kelly—I believe Kelly is arrested for debt, and is in Whitecross-street—I cannot tell whether the prisoner's house was a crimping establishment.
MR. WILDE. Q. Do you not know that Kelly has turned out the prisoner's family? A. Yes; and very ill-used his wife I believe.
COURT to JOHN ROBERTS. Q. When the prisoner jumped out of the cab did you intend to give him permission to receive the money? A. No; I meant to get it myself—I had not intended he should have it at all—he never mentioned about a bank to me at all—I thought it was a public-house—I never allowed him the possession of this cheque out of my company, with my consent.
(The prisoner received a good character.)
GUILTY on the 2nd COUNT . Aged 36.— Confined One Year.
Adelaide Gallery, Strand—I received a painting and frame for sale from Mr. Charles Dowton Smith—I know it was there in Jan.—an officer named Pocock gave me information—I then went to the picture-gallery, and missed the picture—I am sure it had not been sold, or I must have known it—the officer produced me this ticket, which had been on the picture—it had been ticketed before it was lost—it denotes the place of the picture in our catalogue.
CHARLES DOWTON SMITH . I am an artist—in August last I sent this picture to the Adelaide Gallery—I saw it at Mr. Perrin's shop in Holborn on the 4th of March—this is it—it is worth 5l. or five guineas.
HENRY HALE . I am shopman to Mr. Perrin, of Holborn-hill—he deals in pictures—in Jan. last the prisoner brought me this picture—I had not seen him before—he asked 4s. for it, which we gave him—we did not consider it worth more—it had this frame on it—I am sure we bought it of the prisoner, and I think it was at the end of Jan.
WILLIAM POCOCK (police-constable F 81.) On the 31st of Jan. the prisoner was in custody, and I went to a room it Leg-alley, Long-alley, and found this ticket, which had been on this picture at the gallery—I got further information, and went to the police-court and took the prisoner—I received the picture from Hale.
Prisoner's Defence. The officer found this ticket in the bottom of a closet, in Leg-alley, where I lodged; and he came and took me on suspicion—I do not know where the Adelaide Gallery is—I am totally ignorant of the painting and the shopman who says I sold it him.
GUILTY . Aged 48.— Confined Two Months.
EMMA HUGHES . I am nine years old—I know I must speak the truth—I live with my mother in Cromer-street—I saw Mr. Tourle's cart at our door—there was a horse in the cart, and my little sister was with it—I knew the two prisoners before—I saw Ford come to the cart, get up on the wheel, take the whip out and run away with it—Maloney was on the opposite side of the way—he ran after Ford—I am quite sure they are the boys—I went and told of it.
WILLIAM TOOMES (police-constable E 150.) About ten minutes to nine on the night of the 23rd of March I saw the two prisoners standing in a corner in a court which was no thoroughfare—I asked what they were doing—they said, nothing, they wanted to go to Lucas-place—I said that was not the way to Lucas-place they knew—they then came out and I found the whip—I took Maloney—Ford turned back and I took him.
Ford. I never saw the whip—we went down the court, and the policeman came.
Maloney. He asked who we wanted—I said a person named Knowlton, in Lucas-place—the policeman took us down a court and asked a woman to give him a whip.
FORD,†— GUILTY . Aged 15.
MALONEY,†— GUILTY . Aged 16.
Confined Two Months.
MR. DOANE conducted the Prosecution.
WILLIAM SIER (police-constable G 29.) I took the prisoner into custody in Clerkenwell, on the 23rd of March—I produce an examined copy of the register of a marriage at St. Pancras-church, in 1834, between Georgiana Matilda Cartwright, and John Henry Bate—I examined it myself.
Cross-examined by MR. CHARNOCK. Q. What did you examine this with?
A. The clergyman read the book, and I held this paper in my hand, and then I looked the book over myself—I stood and looked at it, as he copied it from the register—I then read this over as he read the other—I then looked over the original, and compared it with this, word for word—I will swear this corresponds with the register.
MR. DOANE. Q. Did you go a second time, and examine the copy of a register at Islington-church? A. Yes—this purports to be a certificate of a marriage between Robert Carfrae and Georgiana Matilda Bate, on the 29th of Nov., 1840.
Cross-examined. Q. When did you do this? A. On Monday, the 27th—the name is spelt Carfy—I would not swear whether the name is Carfy or Carfye—this is a correct copy of the original—the prosecutor, Mr. Bate, came to me at the station, and directed me to go and get these certificates—I was before the Magistrate twice—I saw Mr. Bate there—he had a female with him—the prisoner was bailed in her own recognizances.
JOSEPH TOTMAN . I live in Park-place, City-road. I was present at a marriage, between John Henry Bate and the prisoner, at St. Pancras-church, on the 25th of December, 1834—I witnessed the register—her name was then Georgiana Matilda Cartwright—the prisoner is the woman—Mr. Bate is now alive—they lived together about twelve months—I frequented their place after they were married.
Cross-examined. Q. But you have seen them since then? A. I have not seen her above once or twice—I was in this box, I think, in April, 1839—I saw Mrs. Bate here then, and Mr. Bate was convicted and sent to prison—I heard he went to America some time after—I cannot say how long he remained there—I have not seen him till within these few days—I cannot say whether he married Elizabeth Chapman—I have not been to his house—I cannot say where he lives, nor how many children he has by this female—I do not know anything of his second marriage—I visited him and the prisoner about twelve months after their marriage—I do not know how he treated her—I never saw him use a poker to her—I do not know of her taking in washing—I have heard of her applying to Cripplegate-work house for relief, but I do not know it—she has some imperfection in her speech which is very much against her getting her living—Mr. Bate stated before the Magistrate that he had been to America.
Cross-examined. Q. How long have you known her? A. Eight years—I knew Mr. Bate—I did not visit them—there used to be a few quarrels between them at times—I never saw the poker used—I do not know how she got her living—she used to come to me sometimes, and say she was doing washing—I heard she applied for parochial relief—I heard from her that Bate was dead, or I should not have witnessed this ceremony—I was not present at Bate's trial—I do not know of his being absent a long while after the trial.
MR. DOANE. Q. Do you know that the prisoner had been ten times in custody for violently assaulting her husband? A. Only from hearsay—I
believe she told me she had been four times in the Compter, for assaulting her husband.
GUILTY . Aged 28.—Recommended to mercy by the Jury.— Confined One Month.
MARTHA HOLMES . I am the wife of John Holmes, a plumber, at Turnham-green; the prisoner was my mother's servant. On the 1st of April she brought me a veil which I had left at my mother's on the previous evening and said she was going to her grandmother's—I told her to call for a parcel as she came back—after she was gone I put two sovereigns in a paper, put that into a piece of net, and inclosed the whole in a large sheet of paper, I put a pin at each end, and a pin in the middle—when she came back I gave it her, and told her to go straight to her mistress with it, and take care of it as there was something in it of consequence.
Cross-examined by MR. HORRY. How far do you live from King-street, Hammersmith? A. About a mile—her grandmother lives opposite me—I have sent her with parcels before, but not with money in them—in Feb. she brought me a pair of table-spoons, but it appears she looked at them—she told her grandmother so—I had borrowed this 2l. of my mother about three weeks before—I had been in communication with her every day—she did not know of these sovereigns coming.
JANE RUSSELL . I am the mother of Martha Holmes; I live at Hammersmith. I sent the prisoner to my daughter with a veil, and she came back in about two hours—she brought me this piece of paper, with two bits of lace in it, but no money—the paper was pinned up with three pins—it was not tied at all—she followed me into the dining-room, I spread it out on a table, and said, "Jane, look here"—she took one of the bits of net, shook it, and said, "Here is nothing," and there was nothing—she then said she must go away—she was to have gone in a week's time, but she then said she must go directly, as her father was very bad—she left in leas than half an hour.
Cross-examined. Q. Had she given you notice? A. I had given her notice—I did not tell her to bring a parcel back—I did not expect one—I had seen my daughter two days before—she had not seen me on the day before—I had not lent her any money—I did not expect any money, nor any parcel—my daughter