CENTRAL CRIMINAL COURT.
TENTH SESSION, HELD AUGUST 21ST, 1843.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, August 21st, 1843, and following Days.
Before the Right Honourable JOHN HUMPHERY, LORD MAYOR of the City of London; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Claudius Stephen Hunter, Bart.; Matthias Prime Lucas, Esq.; Charles Farebrother, Esq.; Thomas Kelly, Esq.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; Sir John Pirie, Bart.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: William Magnay, Esq.; Michael Gibbs, Esq.; John Johnson, Esq.; 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. TENTH 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, August 21, 1843.
First Jury, before Mr. Justice Williams.
ALICE WOODING . I am the wife of James Wooding, a chandler, in Frith-street. About a fortnight before the 14th of June, the prisoner, who was a stranger, called, and asked if I would buy some butter—he said it was very excellent Dorset butter—I told him to call again, which he did in a week or fortnight, and on the 14th he brought a pan of butter into the shop—the top of it looked very good—I was busy, and did not examine it further—I bought it on the strength of his assurance, and paid him 10s. 2d. for it—I cut it next morning, and found the top was very good Dorset, but underneath was very bad—I cannot call it any thing but cart grease—we made no use of it—the good butter did not extend above half an inch—I was obliged to throw it away—it smelt very had, and was quite a different colour.
Cross-examined by MR. HORRY. Q. You saw him, and told him to call again? A. Yes.—it was the first time he said it was Dorset butter—I asked him the first and second time if it was good—I did not weigh it, being busy—he said he would warrant it good—if it had been good I should not have cared where it came from.
COURT. Q. Did he say who he was? A. He said on each occasion that he came from Christopher, of Christopher's-wharf, Thames-street, when I asked who he was travelling for—he had represented himself as a traveller—this conversation was not on the 14th—I did not know Mr. Christopher—he said it was 12lbs., at 10d., and I allowed him 10d. for the pan.
JAMES WOODING . On the morning after my wife bought the butter, I cut it, to serve a customer, and found a surface of butter on the top, but underneath a very inferior material, not fit for human food—I destroyed it.
Cross-examined. Q. Who told you to destroy it? A. The Magistrate would not allow me to open it, it was such an annoyance—I will swear there was a portion of potatoes mixed up with it.
JOHN THOMAS HANSLEY . I keep a chandler's shop in Turk-street, Tyson-street. The prisoner called on me on the 4th or 5th of June—I never saw him before—he asked if I was a buyer of Dorset butter—he had none with him—I asked where he came from—he said, "From Christopher, Christopher's-wharf, in Thames's-street"—I said I was not in want, but if he would look in next week I might give him an order—he called in about a week—I said I would take a pan of each sort, at 8 1/2 d. and 9 1/2 d. a pound—he had said he had it in pans at those prices for convenience in summer season—I ordered two pans, which he said contained 12lbs. each—he agreed to bring them the beginning of the
next week—he said it was good Dorset butter—he brought two pans four or five days afterwards—I had not sufficient to pay for them, and asked him to leave them—he said, no, for he had nearly lost his situation before for doing so—he brought them again the following week, and I paid him for them, without further conversation—here is the invoice he handed me—it comes to 19s. 4d., which I paid him—next morning I cut both lots—a quarter of an inch deep was very good, the rest like tallow grease—I sent it to a butter merchant in Brick-lane, and got 5s. or 6s. for the two pans—I kept it till it smelt so bad.
Cross-examined. Q. How long did you keep it? A. Six or seven weeks—if it had been good I should not have cared who it came from.
MR. HORRY called
EDWIN STORER . I am a cheesemonger, and live in High-street, Whitechapel. The prisoner was a customer of mine—he did not sell for me on commission—he bought a great deal of butter of me, but we never knew where it was to go—I think he bought some a few days before he was taken into custody—we never sold him any bad butter—it was good at the price he gave, which was 7 1/2 d., 8 1/2 d., and 9 1/2 d.—it was all good—it was not mixed—he used to buy it of us at 7 1/2 d., and have a little bit of better put on the top—I asked why he did so—he said the parties chose it so—the butter we sold him we used to sell at 1d. and 1 1/2 d. a pound more behind the counter—I sold it him in pans, 10lbs. in each pans.
JOHN RAFFEY COOK . I am shopman to Mr. Storer. The prisoner was a customer at our shop from the beginning of this year till six weeks or a month ago—I cannot be certain as to the 14th of June—he frequently bought batter of us in pans.
WILLIAM RYAN . I am in Mr. Storer's employ. I went with the defendant to a good many chandlers' shops—I never saw Mrs. Wooding to my knowledge—I went with him to Mr. Hansley's shop with some pans of butter, which I took in a truck from Mr. Storer's shop, without going any when else—it was in June—the butter had never been to the prisoner's place—there were two pans—I never saw Dorset butter sold in pans—Cook packed the butter up—I do not think Mr. Storer was in the shop—he was there generally when it was packed.
GUILTY . Aged 26.— Confined Two Months.
NOT GUILTY .
GUILTY .— Confined Three Months.
GUILTY ,— And entered into his own Recognizance to appear and receive
Judgment if called upon.
OLD COURT, Tuesday, August 22nd, 1843.
Second Jury, before Mr. Common Serjeant.
NOT GUILTY .
2216. THOMAS GRANT alias EVANS was indicted for stealing, on the 1st of July, 24 3/4 yards of merino, value 6l., the goods of Samuel Savage Woollatt.—2nd COUNT, stating them to be the goods of William Galiff, and others.
HUGH ROBERTS . I am porter to William Gatliff and two others. I saw some merino on the counter on Saturday morning. the 3rd of June, about twenty minutes to ten o'clock—the policeman came in shortly after, and it was then gone—this produced is it.
Cross-examined by MR. BALLANTINE. Q. Who is Mr. Woollatt? A. A draper on Holborn-hill—it is his merino, but was entrusted to Messrs. Gatliff—I received it.
Cross-examined. Q. The other made away? A. Yes, as soon as he saw me—he was about 19 years of age—I did not know him before—I found no difficulty in taking the prisoner.
GUILTY .* Aged 17.— Confined Six Months.
JOHN BEAGLE . I am a sailor. On the 7th of July, abont seven o'clock, I saw the prisoner in regimentals outside the door of a public-house in Bell-lane, Walbrook—I asked if he knew where there was a pawnbroker's shop—he said he did—we walked about but could not find one—I told him I wanted to pawn my watch, as I had a long way to go—we went into the Bull's-Head public-house, and I sold my watch for 2l.—I changed one sovereign, and we had some beer—I put the other sovereign in my pocket, with two half-crowns and some shillings which I had received in change—I spent the evening with the prisoner at the Bull's-Head—I got drunk—the last time I recollect being with the prisoner was between eight and nine o'clock—next morning when I got sober I missed my money.
JOHN WILLIAMS . I am a porter. I was in the tap-room of the Bull's-Head about twenty minutes past ten o'clock on this evening—I saw the prosecutor there drunk, lying asleep on the settle, and the prisoner sitting by his feet—he then went and put his head in his lap, then put his hand in his pocket, took out some money, and put it in his own pocket—he dropped some on the floor—he asked me to give him a light, which I did, and he picked up 6 1/2 d. and put it in his pocket—I came out and told Chapman—a policeman was sent for, the prisoner was taken to the station, and I saw 1 sovereign, 2 half-crowns, 5s. and 8 halfpence found on him—I saw the proseeutor searched, and only 3s. and 3 halfpence found on him.
WILLIAM CHAPMAN . I was in the tap-room, and saw the prosecutor sell his watch to a servant for two sovereigns—they drank together—while I was out Williams came and told me something—I fetched the landlord, and the prisoner was taken to the station-house—I saw the money found on him.
GEORGE DAWE . I keep the house. About half-past nine o'clock Chapman called me—I found the prosecutor very drunk, and was three-quarters of an hour trying to get him round—the prisoner said he must go—I would not let him—he was taken to the station-house, and one sovereign, two half-crowns, and five shillings were found on him—I accused him of it—he said he had no money about him.
Prisoner. Q. When did I say so? A. In the tap-room—as the person who bought the watch was going, you said to him, "Stand a drop of gin, for I
have no money, and I must be off; it is eleven o'clock, and my hour will be up."
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Four Months.
GEORGE EWER . I am salesman to William George Prentice, of Newgate-market. On the 3rd of August, about nine o'clock in the morning, I saw the prisoner take this bacon off the stall-board, put it in his basket, and walk away with it—I followed, and brought him back with it.
Prisoner. I picked it up. Witness. I saw him take it, and about an hour before saw him putting a ham into his basket.
GUILTY . Aged 12.— Confined Three Months.
JOHN MELEBOURNE BAKEWELL . I live in Tottenham Court-road. On the 10th of August I purchased a cotton cravat and stiffener in a coffee shop, and left it there—I returned in three or four hours, and it was gone—this now produced is it.
Prisoner's Defence. I was in the habit of going to the coffee-shop—I went in about five minutes after twelve o'clock, and trod on something screwed up in brown paper—I picked it up, and put it into my pocket. I remained about three-quarters of an hour reading the paper, and then went to work—I did not think at the time that I had committed a robbery, but afterwards I thought I had done wrong in taking it—I did not know how to extricate myself, and denied the charge of stealing it.
NOT GUILTY .
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 17.— Confined Three Months.
2222. FRANCES LORKING was indicted for stealing, on the 26th of June, 2 shifts, value 3s.; 2 petticoats, 2s.; 2 pair stockings, 2s.; 2 gowns, 6d.; 4 handkerchiefs, 6d.; 1 shawl, 8d.; 1 apron, 6d.; 1 pocket, 6d.; 1 Pair shoes, 4d.; and 1 pair stays, 1s.; the goods of Elizabeth Edmondson.
ELIZABETH EDMONDSON . I am a widow, and keep a lodging-house in Bainbridge-street, St. Giles's. On the 26th of June the prisoner came to lodge with me, and was to pay 18d. a week—she slept with me—when I got up in the morning she was gone, and all the articles stated, which bad been under the bed—I did not find her for three weeks, and then she had my gown and two petticoats on—these now produced are them.
(The prisoner put in a written defence, stating that she had lived three months with the prosecutrix, who compelled her to pawn and sell her clothes, and left her quite destitute; that she was taken ill, and the prosecutrix threatening to turn her out of doors without her clothes, she took a gown, a petticoat, and pair of stockings; that the prosecutrix saw her afterwards, and the agreed to pay her for the clothes, which her illness prevented her doing; and that six unfortunate girls lived in the prosecutrix's house.)
ELIZABETH EDMONSON re-examined. She was only with me one night, and never before—she had lodged in the house, but not in my place—there are six women living in the house, but they are all married, and live with their husbands—I had none of her things—I never saw her till that night—I do not keep a brothel—I am only deputy to Mrs. Donegan.
NOT GUILTY .
GUILTY . Aged 22.— Confined One Month.
2224. SAMUEL BERRY was indicted for stealing, on the 9th of July, 1 bag, value 1d.; 1 key, 1d.; 1 knife, 3d.; 2 half-crowns, 3 shillings, 2 sixpences, 3 half-pence, and 3 farthings; the property of William Vinsin; to which he pleaded
GUILTY . Aged 9.— Confined Six Days, and Whipped.
SMITH pleaded GUILTY . Aged 23.— Confined Three Months.
HETTY CLEWLEY . I am a laundress. On the 1st of July, about half-past four o'clock, I was at the Britannia, with a clothes-basket—Hale insulted me, and sat down on it—I said, "You must not, you good-for-nothing man, it is clean linen "—he persisted in doing it—I gave him a thump, and he was quiet for a bit—I had a pain in my head, and sat down—they thought I was asleep—I saw Smith put something to his coat, and go away—I did not see that he had anything—Hale was standing by him, against the bar-counter, trampling my clothes down with his feet—I missed a shirt—this now produced is it.
Cross-examined by MR. PRENDERGAST. Q. Did you sit down in Hale's lap? A. No, he was not playing with me—he was a little drunk.
SARAH COLTON . I am the bar-maid. I took the shirt from Smith—Hale was standing at the counter all the time, and the basket was on the floor close by it—I cannot say whether Smith might have taken it without Hale knowing it.
HALE— NOT GUILTY .
2226. HENRY MALLANDINE was indicted for stealing, on the 10th of July, 1 waistcoat, value 1s. 6d., and 1 pair of trowsers, 1s.; the goods of John Hunter; and that he had been before convicted of felony.
JOHN HUNTER . About half-past nine o'clock in the morning of the 10th of July, I had a waistcoat and a pair of trowsers hanging outside my door, with a quantity of things—about half-past ten the officer brought in the prisoner with the waistcoat and trowsers—these now produced are them.
JAMES ATTWOOD (policeman.) I was in the Bethnal-green-road on the 10th of July—about half-past ten o'clock, I saw the prisoner go up to the prosecutor's shop, take the waistcoat, put it under his coat, afterwards take the trowsers, and run away—I took him back to the prosecutor.
Prisoner. I was running after two boys when he took me, he did not find the trowsers on me—he ran after me with them in his hand, and the waistcoat he had afterwards—I do not know how he came by them. Witness. He ran up against a young man, and dropped the trowsers—I took them up with one hand, and took him with the other.
GUILTY . Aged 20.— Transported for Seven Years.
2227. JOHN HARRIS was indicted for stealing, on the 7th of July, 2 waiters, value 3s.; 6 forks, 3s.; 4 spoons, 12s.; 2 sauce-ladles, 2s.; 1 fish-slice, 2s.; and 1 butter-knife, 1s.; the goods of John Phillips.
MARY ANN BACON . I am servant to Mr. John Phillips. On the 7th of July I had a pair of plated waiters, six forks, a pair of ladles, and other things, of my master's—they were quite safe at eleven o'clock in the morning—I missed them about three in the afternoon—these now produced are them—my master's name is on them.
CHARLES JACKSON (policeman.) I stopped the prisoner on the 7th of July, a little before three o'clock in the afternoon, and found all these things on him—he said they had been given to him by some man to take to be cleaned.
Cross-examined by MR. HORRY. Q. He was in company with another man when you met him? A. Yes, he ran away when I took the prisoner—the property was in a Taglioni coat, which had pockets all round.
GUILTY . Aged 16.— Confined Six Months.
CHARLES LOCK . I am a butcher, and live in Forston-place. On the 24th of June, about half-past six o'clock in the morning, I was going to a neighbour's, and saw the prisoner give an empty basket into the prosecutor's shop, and receive it out again full of bread—I cannot tell who gave it him—I did not see any one go in—I watched him to a house in the same street, and then went and told the prosecutor—I returned shortly afterwards, and saw the prisoner standing at the corner of the street, without the basket.
FRANCIS SEWARD BUTTERS . I am a baker, and live in Upper Park-place—I was in my shop within ten minutes of half-past six, and there was no one there at that time—I employ three men, and a boy used to come and take down the shutters and serve some of the customers—he came in about half-past six, went through the bake-house, and I thought began to open the shop; but I came down about ten minutes after, and Mr. Lock sent in to ask if I had sold any bread—I had not—my boy has since absconded—I missed the loaves.
GUILTY . Aged 14.— Confined One Year.
the 3rd of August—when he was starting in the morning, I went to the wagon and found a quantity of tares, as many as he ought to have taken in two days—and in a bag concealed under the tares was a bushel of chaff and oats mixed—he had no business to take that—it had come from Mr. Hoggatt's stable—I told him he had done very wrong, it would be a bad job for him—he said "Don't say anything about it to master—for God's sake forgive me for that—I don't care what you say about the tares, if you won't say anything about the chaff and corn"—he had 10 miles to go to London, and was allowed two bundles of tares, but no corn—he bore a very good character.
Prisoner's Defence. It is the first time—I hope you will forgive me.
GUILTY .— Confined Six Months.
OLD COURT.—Wednesday, August 23rd, 1843.
Third Jury, before Edward Bullock, Esq.
2230. CHARLES JAMES CLARKE was indicted for stealing, on the 16th of August, a post-office letter, containing 2 half-sovereigns, the property of Her Majesty's Postmaster General, his employer; to which he pleaded
GUILTY . Aged 24.— Transported for Seven Years.
GUILTY . Aged 22.— Confined Two Years.
(The prisoner received an excellent character, and was recommended to mercy by the prosecutor.)
GUILTY . Aged 14.— Transported Seven Years.—Parkhurst.
GEORGE DUNT . I am in the service of George Adams, a publican in Gray's Inn lane—on the 18th of July, I saw the prisoner in and out of the house from six o'clock in the morning till nine in the evening—I followed her when she left in the evening to Mrs. Andrews' door, a marine store shop, in Baldwin's Gardens—I heard Mrs. Andrews say to her—"Mind and look that there is nobody about"—I went into a house opposite and saw them go in doors together—I followed them, and saw Mrs. Andrews with her apronon her arm, and the prisoner had just got the pint pot in her hand—I took it from her, and said I would lock her up—she begged of me not—I gave her into custody, and produce the pot.
MARY ANN ANDREWS . I am a widow, and keep a shop in Baldwin's Gardens—the prisoner came to my door—she had nothing with her as I know of—she said nothing to me—Dunt came and said, "Betty, you have got my pot"—she said, "John, for God's sake don't hurt me, fox I was not going to sell it."
Prisoner's Defence. I had got a ruined boy who ran away from his apprenticeship; I went about all day to look after him. I went to the public-house, and had a pint of beer; my boy ran down the court where this woman was; I ran after him with the pot in my hand, and some beer in it; Dunt came after me, and said I had got his pot; I said, "Yes, and here it is;" he knocked it out of my hand; I picked it up, and gave it to him; I intended to take it back.
NOT GUILTY .
Before Mr. Justice Williams.
2234. JAMES ABERDEEN was indicted for feloniously assaulting Elizabeth Aberdeen, the younger, on the 19th of June, and cutting and wounding her on her forehead, with intent to murder her.—2nd COUNT, stating his intent to be to maim and disable her.—3rd COUNT, to do her some grievous bodily harm.
MARY TUMBLE . I am the wife of a labouring man, and lodged in the prisoner's house for eight years—the prisoner is married, and has a boy named John James, and a girl named Elizabeth, who was two years old on the 19th of July last—the boy is older—the prisoner kept a shop in the general line—before this occurred, he was repeatedly saying that he was coming to great poverty and distress—I should say for six months before, continually, from time to time—on the morning of the 19th of June I was up stairs, in my own room, and heard screams of murder from the prisoner's bed-room—it was the prisoner's wife—I hastened to the door—the cries continued as I went, and while I was at the door—when I got to the door I heard a scuffling, like some person pulling, as if they were scuffling with each other—the door was locked—I waited till the prisoner's wife opened it—I then saw the prisoner scuffling with his wife—I saw the prisoner holding up a large chopper or axe, trying to cut his own forehead—he had cut it before I entered the room—he was bleeding from the forehead—he said nothing, nor did his wife say anything to him—I saw the little boy lying in the crib by the father's bedside, and the girl Elizabeth was sitting up in the bed, with a wound in her forehead, bleeding very much—I did not say anything—I took the axe from the prisoner's hand, and we fell in the scuffle, me, his wife, and himself, in scuffling to take the axe—we did not say anything—we screamed very much for assistance to come in—the boy had three cuts on the side of the head—his wife called out for a doctor to be sent for—she was hurt in the fall, but was not cut at all—the prisoner did not say a word—he laid apparently lifeless on the ground after the fall—that was from the cut that he had given himself with the axe, from loss of blood—the wife was quite exhausted from struggling with the prisoner—she did not say anything—I knew what had occasioned the mischief to the children, from the prisoner having the axe in his hand; and his wife said that he had done it—that was when he lay apparently lifeless on the ground—he could not understand what was said at that time—she had not said anything before that, further than "Oh dear," and was in great trouble about the children—she did not say anything when I came in first—she was then trying to get the axe from his hand—he used to behave very kind to his children generally—I never saw anything to the contrary—on the 10th of March, about half-past six o'clock in the evening, I had seen him in the waterbutt in the yard, with his head down and his feet up—there was sufficient water in it to have drowned him; but I gave an alarm, and several of the neighbours came to his assistance, and pulled him out—I discovered him accidentally, as I came out of my own room and went into the yard—I suppose he had been in about three minutes—he was quite sensible when the neighbours got him out—after that, his manner was different to what it used to be—he was always pleading poverty, and saying that he would come to distress—that was his general tone.
Jury. Q. Did he ever assign any reason why he should come to distress? A. Never any particular reason, further than his business did not go on so well as it had done—it was not through his wife's drinking, quite the contrary—she is a very industrious, clean, comfortable woman.
children also—this axe was given to me at Queen-square, by the last witness's husband.
JAMES HARE re-examined. I was present before the Justice when the prisoner was there—I heard the witnesses examined—I know Mr. Bond, the Magistrate's writing—I believe this signature to be his—(looking at the deposition)—I was present when this mark was made—I saw Mr. Bond sign his name—what the prisoner said was taken down—(read)—the prisoner says "I did not know what I was about at the time"—none of the medical gentlemen who saw the prisoner were bound over.
Prisoner's Defence. I did not know what I was about.
MRS. TUMBLE re-examined. Mr. Thomas, a surgeon in Vauxhall-road, was called to see him when he was taken out of the butt—he is not here—he was sent for to inquire into the state of his mind, as far as his wife could do, from there he was taken to the station, and Dr. Wright saw him then.
GILBERT M'MURDO, ESQ . I am surgeon of the gaol—by the direction of Mr. Baron Gurney, last sessions, I have particularly observed the prisoner—he has appeared in a depressed state of mind—he told me he committed this act to save them from the misery of want and starvation—I have been unable to draw him into any fair conversation on other points—he has adhered to that story from beginning to end—I have conversed with him frequently—he was always desponding—he said he had a good trade which he had lost, that he was in very bad circumstances, and he had rather kill his children than they should suffer from starvation.
Q. What do you infer from that, as to the state of his mind? A. That he has been in a state of extreme despondency—I am unable to say more than that.
NOT GUILTY, being of unsound mind.
Before Mr. Baron Rolfe.
2235. CHARLES SMITH was indicted for feloniously, and without lawful excuse having in his custody and possession a mould upon which was impressed the obverse side of a shilling. 2nd COUNT, stating it to be the reverse side.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
ALLINGTON ELLIOTT . I am a hair-dresser, and live at Hammersmith. On the 6th of July, I was at the Nag's Head, in King-street, Hammersmith, near eleven o'clock in the morning, playing at skittles with some others—there were six persons—the prisoner was one—the other persons went away—the prisoner remained—he said he had lost all his money at skittles, but he had something about him that could make money, and he would show it to me if I would not tell—I said I would not tell—he produced a piece of dirty rag from his left hand trowsers pocket, containing a plaster of Paris mould—he took it apart, and opened it, and showed it to me—it was in two parts—I observed the Queen's Head on one side, and the words, "One shilling" on the other—the same as a shilling—I said it was a curiosity, I had never seen such a thing before in my life—he said he had paid a sovereign for the making of it, or learning to make it, and he could make 10l. or 20l. a week by it—as he was rolling up the mould, he said he could buy as many shillings as he liked for 2d. a piece—I walked out of the public-house, and gave information to a policeman directly, but he did not take him—I continued to watch the Nag's Head—I afterwards saw the prisoner come out, and gave him in charge to Sullivan—I saw the prisoner with his hand in his left trowsers
pocket pressing the mould, and trying to break it—I afterwards saw Sullivan take it from him.
Prisoner. He says I had no money when I was taken—I had 3s. 4 1/2 d. Witness. He said he had no money about him.
JOHN SULLIVAN (policeman.) I took the prisoner into custody in consequence of information from Elliott—he put his hand into his pocket and moved it about—I told him I took him for having a mould—he said he had not it—I got hold of his hand, and pulled it out, and he had this rag and the mould in it—I took him to the station at Brook-green—while going there he said that he had been in Reading gaol for stealing some silver spoons, and knives, and forks—I asked him how he came by the mould—he said there was a man in Reading gaol with him, who gave him information how to make it—that he was going to Putney to see a boat race, and he tried it, and it would not fit—I searched him at the station, and found on him a knife, a duplicate, a half-crown, a shilling, sixpence, and threepence in copper, good money—there is some stuff on the knife similar to the mould.
JOHN FIELD . I am inspector of counterfeit coin to the Mint—this is a plaster of Paris mould, and bears the impression of the obverse and reverse sides of a shilling of the present reign, and appears intended to cast counterfeit shillings—it does not appear to have been used—it requires a very trifling alteration, which would not take a minute to do—the channel wants less than the sixteenth part of an inch cut away, to communicate with the impression.
Prisoner's Defence. I am a hard-working country chap; I was working as a labourer at Notting-hill, putting in a bottom for a new road; I have worked on the line five or six years—as to being in Reading gaol, I do not even know where Reading is; I got the sack through getting a drop of drink; I went to seek for work about West Acton, and coming along a bye road I picked up the mould and knife wrapped up together; I went to Hammersmith, and showed it to three or four persons; one man told me what it was; I got drinking and showed it to five or six in the house; I did not know what trouble it would get me into, or I would have thrown it away; I told the policeman I picked it up; if I did say I was in Reading gaol it must have been when I had some beer in me, for I never was there, or in any prison.
ALLINGTON ELLIOTT re-examined. He was half drunk about eleven o'clock, but knew what he was about—I did not see him show the mould to any one else—I heard him tell the sergeant at the station that he had been in Reading gaol—he also said he picked the mould up, and afterwards that he made it going to Putney.
GUILTY . Aged 20.— Confined Eighteen Months.
Before Mr. Justice Williams.
JOHN BLIZZARD . I work in a brick-field; the prisoner is my father. On the 8th of August, between eight and nine o'clock at night, in consequence of what my wife told me, I directly went to his house, and asked him why he called her a bricky bl—y wh—e—he said, "You b—b—, if you ain't off I will do for you"—he directly walked into the wash-house, fetched the reaping-hook, and said, "You bl—y b—, I will cut your b—head off"—I was at his door, and still stood there, not expecting he meant such a thing—I did not
notice the hook in his hand till he came to the door—I could see the wash-house door, and if I had been looking, might have seen him with the hook—when he came up to me he brought the hook, and said he would cut my head off—I put up my left arm to save the blow, and it cut my arm—I dropped my arm, and said "I am a done man"—my mother was outside the door—I had said nothing more to him than I have mentioned—I said at the beginning of the disturbance, "Why the b—h—don't you let my old woman go along without interrupting her"—my arm bled, and I was taken to a surgeon.
Cross-examined by MR. HORRY. Q. Was not your father's door shut when you first went? A. No; it was wide open, not ajar—he was inside—I stood outside—I did not push him away from me, I swear—he went and fetched the hook after I swore at him—he had told me he would cut my head off at the time—two or three people, who are here, were standing by—I did not go into the house after him—the hook was not in his hand when I first spoke to him—he did not shut the door—my wife was not with me when it happened—she did not try to open the window, nor use any foul language to my mother in my hearing—I did not see her talking to her—I did not push against my father—he did not hold up his arm, and my arm come against the hook.
ELIZABETH PLUTHERO . I am a neighbour of the prisoner, and was in sight of his door—he was just inside his own door—his son came up after his wife, and his mother-in-law had a few words opposite the father's door—the prosecutor's wife went away to fetch her husband, as she said, and in less than ten minutes he came up alone to his father's door—(he lives about five minutes' walk off)—the prisoner stood inside his own door, which was open—the prosecutor asked what he called his wife a * * * for—the father said, if he did not go away from his door, he would chop off his b—head—the son did not leave directly, and the father turned round, went through the house into the wash-house, and brought the reaping-hook—the son stood outside, where he was at first—he said, if he did not turn from his door, he would chop off his b—head—the son said nothing nor did anything, but put up his arm, as he was going to chop him down the face, to receive the blow, and it fell on his arm—the son said, "I am a doner "—he bled a great deal—I went with him to the doctor's, saw his arm dressed, came home with him, and put him to bed—I stopped with him till three o'clock in the morning—he was very bad indeed—he nearly fainted at the doctor's—I was close by when the blow was struck.
Cross-examined. Q. Where was the son's wife? A. I saw her before she went to fetch her husband, not after—there were several women about the door—I was on one side of the door—the son did not go into the house at all—I was not talking to anybody—I did not see the door shut while I was there, nor see the wife try to open the window—I did not see her after her husband came up till after he was wounded.
CHARLES COX EYRE . I am a surgeon. The prosecutor was brought to me about nine o'clock in the evening of the 8th of August, bleeding very excessively—he had an extensive flesh wound in the arm, dividing all the muscles of the fore-arm, four and a half or five inches long, and cut to the bone—he felt faint from the loss of blood—I gave him something which prevented his fainting—the reaping-hook now produced would produce the wound—the point of it is broken—it was not a dangerous wound, with a healthy constitution like his.
MR. HORRY called
EDWARD ARCHER . On the 8th of August I saw the prisoner at his door, between eight and nine o'clock in the evening—I saw the prosecutor's wife pass the door—she went away, and met her husband—they came back together—the son said something to his mother—he told her to keep the 6d., and used an indecent expression—the prisoner, who was at the door, came out with the hook in his hand, and said, if he struck either his mother or himself, he would chop him down with the hook—this was after the prisoner and his wife came to the door—he struck his mother one blow on the head, knocked her against the wall, and after he had done that, he struck his father with his left arm, and the hook caught the arm as he was striking him, and so hurt himself—the father did not cut at him with it, nor strike at him at all—he had it in his hand in this way, lifted up—he stood against the door, but did not come out—he had the hook five minutes before his son was hurt.
GUILTY. Aged 47.—Recommended to mercy. — Confined Three Months .
Before Mr. Baron Rolfe,
SARAH SLATER . I am single, and twenty-three years old. I have cohabited with a young man for two years, and live at 49, Went worth-street, Spitalfields, in the same house as the prisoner, who I have known since last Christmas—he gets his livelihood by begging in the streets, going out shallow, which means nearly naked—I have seen him go out begging, not in the clothes he wore at other times—he was in prison for a month—he came out, and was there a month after—my sister died on Wednesday, the 26th of July—he had lived with her some time, and for four or five weeks in that house—on Tuesday night, the 4th of July, I was in my room about ten o'clock, preparing to go to bed—my sister came up stairs and sat down—the young man who lives with me was at work in the room—Eliza was eighteen years old—she sat down in a chair—the prisoner came up in about five minutes, said he had been fighting, and had a cut under his eye—he called my sister a b—w—, up with his foot, and kicked her out of the chair—other words passed, which I do not remember, for I was very ill, and it did me a deal of harm—he up with his foot, and immediately kicked my sister at the bottom of the stomach—she laid nearly half an hour on the ground, senseless—it appeared a very hard kick—I gave her a little water, but he would not allow any one to touch her—he gave her no assistance—she came to in about half an hour, and said he had done her a great deal of harm; she felt dreadfully from the kick—she said, "Jack, you will be the death of me through this kick"—I do not remember what he said, I was so agitated—I led her into the next room to her bed—she did not walk very well—she came into my room next morning, and had a cup of tea—the prisoner was not with her—she appeared in great pain, and complained of pain at the bottom of her stomach—he took her out begging that day as usual—he was obliged to return in the evening—she was in such violent pain in the same place, I sent my other sister for Mr. Smith, the doctor—I begged of the prisoner to send for a doctor, and it was agreed she should fetch him—he ordered mustard and bran poultices, which I applied—he took her out again the next day or the day after—she kept her bed a little the day after having the poultice, then went out, and he brought her home very ill—she was obliged to keep to her bed for a week, and went out with him afterwards—she returned in dreadful pain, and a deal of blood passed from her, from the same place—I saw that—he took her out after that again for some days—she
always returned in great pain for a week or fortnight, and about a week before she died she took to her bed—she died on the 26th of July, about a quarter past nine at night—the prisoner came in a little before eight o'clock that night, and about an hour before he came in, my sister Esther, who was attending to her, called me down into the room where Eliza was—she said, "Sarah, I have something to reveal"—she was in great pain, and was praying—my sister Esther was present, and my sister Sophia—she is now at home, at her mother's—Esther had been reading to her—I did not bear her, but she had a testament and prayer-book in her hand—Eliza said that she found she was going—I begged of her, if she had got anything to name to me to name it—she appeared to consider herself as dying—she asked me to call the landlady of the house in, as a witness to what she had got to say—the landlady would not come, and I called John Robinson and the young man I live with—she then said, "Sarah, I have something to tell you before I die, for I cannot rest happy without; but the kick I received in your room has been my death"—I asked her if I should name it to her mother—she said, "Yes"—she said that the prisoner wanted her to lay it on a blow in the breast from a man they called Black Jack, and she was afraid to divulge it till she found death so near, as she was afraid of the prisoner—she seemed to want to be moved from where she was, out of the prisoner's sight, into my room, but we durst not move her—she saw the prisoner after telling me this, but said nothing to him—I said to her, in his presence, "Eliza, I will let your request be known to your mother, what you have confessed to me"—(meaning about the kick)—she said, "Do"—she asked me to pray by her, which I did, and that was the last she uttered till she died—Mr. Byles and Mr. Hart attended her, and opened her body after death.
Prisoner. She said at Worship-street, that she divulged this an hour before she died; and now she says it was an hour before I came in: she has spoken wrong all throughout. The only one that would speak the truth, a modest girl of sixteen, is kept at home. These girls are prostitutes, and the two men who live with them are supported by their prostitution. She never saw me begging. Witness. What I have said is true. I have seen him going out begging, and putting on begging clothes.
Prisoner. Q. Was she sitting down when I kicked her? A. Yes, on the chair—she was senseless for nearly half an hour.
Prisoner. How could I kick her there without leaving a mark; nothing of the kind took place; I was too much intoxicated. Witness. He was not intoxicated; he paid for some medicine for her afterwards.
HENRY TEMPLE . I am a shoemaker, and live with the last witness in the back room of 49, Wentworth-street—the prisoner lived there, and cohabited with the other sister, Eliza—on Tuesday night, the 4th of July, I was in my room with the last witness—Eliza came in first, and then the prisoner came in—he went and stood over the fire-place—he was not drunk—he might have had a little to drink, but not much—he said to the deceased, "You b—w—it is you that has got me into this row "—she said, "How did I get you into the row, Jack "—he said, "You b—b—h, you did get me into the row, and he up with his foot, and kicked her at the bottom of the stomach—she fell down on the ground senseless, and remained on the ground pretty well half an hour—while she was on the ground he said, "You b—wh—" if I come to you, I will pretty soon make you get up"—I got up to go to her, and he said, "Harry, you shall not touch her"—he would not let me help her up—I sat down to my work, and after she came to, she got up, went into the next room where she lived, and went to bed—on the day she died, about an hour before she died, I was called down stairs—her three sisters
were there, and she was in bed—she said, "The kick that Jack gave me in the chair, up in your room, was the cause of my death"—Robinson was there; he came down with me—she appeared to know she was dying at the time she said this—she was living down stairs then.
Prisoner. It is quite false—he has a malice against me—I took Eliza out of the streets, and they took her away from me, and wanted her to prostitute herself—Mr. Broughton said he could see it was a conspiracy from what this man said. Witness. The account I have given is true—I am not stating this from any malice towards him.
JOHN ROBINSON . On the 26th, shortly before the deceased died, I was sent for into the room, and found her, her three sisters, and Temple there—I heard Sarah say to her, "Now, Eliza, you are very near your death"—she said, "I know I am, Sarah; now I will speak the truth; I did say it was Black Jack; I said that through fear; it was not Black Jack, it was through the kick I received up in your room on Wednesday"—I remained till she died—this was said a very short time before she died—I was with her about an hour before she died.
Prisoner. This man said at Worship-street that I was in Newgate twice, and had six months each time, which I defy any one to prove. Witness. I said it in this way—before I was examined the prisoner said, "You must not hear that man, he has been in Newgate"—I said, "I have never been in Newgate—he has made a common boast that he has had two six months, and I think his name would sooner be found there than mine"—I am a weaver by business—what I have said is true.
Prisoner. He has been convicted from this bar, and is well known at Cold Bath-fields. Witness. I never was in Newgate in my life.
THOMAS HITCHEN . On the 4th of July, I saw the prisoner and Black Jack fighting together at our house. The deceased was there, and she received a shove from Black Jack with the back of the hand—he said, "Get out of the way, Eliza, and don't you interfere"—I don't consider it was a blow—it was not a violent blow that might have occasioned her death—he pushed I her away with the back of his hand.
Prisoner. He is afraid to say more for fear he should be turned away, for Black Jack is a lodger in the house. Witness. That I deny in toto.
HENRY PEDLEY . I am a starch-manufacturer, and am a Wesleyan Methodist. On Tuesday night, the 25th of July, about a quarter to nine o'clock, the day before the deceased's death, I went to 49, Wentworth-row, and found her in bed—she was in a dying state, and appeared to be conscious she was dying—I asked her how she was—she said she was very ill, she was dying—I asked her how matters stood between God and her soul—she said she was a great sinner, and desired salvation—the prisoner was not then present—Esther told me that her sister was murdered—I asked Eliza how she came by her end—she told me that some time previous, Jack (meaning the prisoner) was in a row along with a fellow called Black Jack, and he was going to strike him, she went in between and caught the blow herself on the lower part of her stomach—she said she felt the effects of the blow to the present time, that it caused a miscarriage, that she went out shallowing, or begging, the day after she miscarried, and caught cold, and that was the cause of her death—Esther said to me several times after this passed, that Eliza had got some more to say, she heard that—I went to the bedside and asked her—she said she had got no more to say, she had given me the whole state of her mind respecting the blow that caused her death—I saw her again about a quarter to eight next morning—I asked her whether her mind was the same—she said yes—she told me that her sisters requested her to say something more that
was not the truth, but she had given me the whole state of her mind respecting her death, and she had got no more to say—Esther told me, in her hearing, that Jack (meaning the prisoner) was the cause of her death—she said that one way in which he was the cause of her death was, at the time he was living with her, he had been along with bad girls and caught the bad disorder, and had given it to her, and she was then dying rotting on her bed—Eliza told me that if her sisters would but let her alone she should die easy, but they were quite a torment to her by agitating her mind—that was the principal of what passed between us—she appeared perfectly sensible—the first time Esther told me the prisoner had murdered her I asked her how, and she said she was sure she did not know—the prisoner had then left the room—he had been there before—when I first entered the room he was there—that was the first day.
THOMAS BURCHAM (police-constable K 33.) I apprehended the prisoner in a public-house in the Mint, in the Borough—I told him to come out—he said, "What for?"—I said, "The woman you lived with is dead; the Coroner has issued out a warrant for your apprehension"—he said, "I did not do it; it was done in a scuffle in a beer-shop; black Jack hit her in the breast."
ESTHER SLATER . I am twenty-one years of age, and am sister of the deceased—I lived at home with my mother. I went to the house in Wentworth-street about three weeks before Eliza was taken ill, on account of Sarah being ill—I was with Eliza the night she died—I was there on the Tuesday evening, and remained all day on Wednesday—she was aware she was dying—two or three hours before her death, she said, "Is my eldest sister here?"—I said, "She is up stairs"—she said she had something heavy on her mind, and she could not die without she revealed it—I asked her what she had got to say—she said, "First call them all down"—I called them all down into the room—when they came, she said, "The kick he gave me up in your room, Sarah, was the cause of my death; the brutish treatment I have met with from him no one knows"—that was said about four o'clock in the morning, when we were alone, when they were all there—she said Jack Facey had been the cause of her death, the kick he had given her—after they went up stairs, she said, "For God's sake, take me up to my sister's room"—I asked her whether she was happy—she said, "I have one thing to say, let me be removed into my sister's room, for God's sake"—at that time she was in her own room—I asked why she wanted to be removed—she said that the prisoner had threatened her so, that he said he would be her murderer if she told us any thing about him, if she told any of her sisters—about four o'clock in the morning the prisoner was lying in one corner of the room, asleep, on a drugget—she rose up in bed, and asked to be removed to him—he instantly placed himself against the window, and said, "No, I shall not remove you," and called her a bad name—I was sitting with her, and said, "Never mind, dear, lay down"—the prisoner placed himself against the door, and said, "Oh, I wish I had had three months, instead of one, this job would never have happened."
Prisoner. She says she was only there three weeks before her sister died; she was there three or four months, and Mrs. Fleming, who keeps the house, turned her out, because she was out so late * * *. Witness. I had only been there three weeks, and had not been in the house before—I had been to my sister sometimes in the morning, and went home to my mother's to sleep—I have only left service six months, at Mr. Matheson's, in the City—Mrs. Fleming did not turn me out because I was out late at night—I never kept indecent hours—she never turned me out—she said she would
turn him out, for running a knife across her throat when she was taking medicine.
COURT. Q. Why not state before the Magistrate the conversation which you say occurred at four o'clock in the morning? A. I did not think it requisite—I answered the questions I was asked.
SAMUEL BYLES . I am a surgeon, in partnership with Mr. Hart. I attended the deceased—I first saw her about the 21st of July, in bed, at No. 49, Wentworth-street—she was then labouring under inflammation of the bowels, quite at its advanced stage—I prescribed what I thought available, but I had no doubt at that time that gangrene had already commenced, and that no remedial treatment would do, that it was a hopeless case—I visited her every day till the Wednesday on which she died—I think she was aware that she would die for three or four days before her death—she clearly knew that she was dying on the Sunday—I was rather surprised to see such indications of so severe a disease in so young a person—I thought there must be something beyond the ordinary symptoms of disease, and asked her on the Sunday if she had been the subject of any violence—I should not expect such symptoms in such a subject unless from violence—she seemed to consider her case quite hopeless, and that she should die very speedily—she seemed to be quite in a desponding state of mind—I believe she had been told that she was in a hopeless state, and that her recovery was not at all probable—she appeared aware that she was on her death-bed—she told me that she had been pushed in the breast, by a black man, named Black Jack, in a public-house row—the prisoner was in the room at the time, but said nothing—I think he was present on every occasion when I went to see her—I attended her till her death—she was so scanty of clothing that her person was observable—there was no bruise or mark on her breast—the indications of gangrene increased, and she died on the Wednesday evening—I saw no marks of violence of any importance in any part of her body—there were some bruises on one leg, but nothing to lead to her death—I made a post-mortem examination—I found the intestines excessively inflamed, with patches of gangrene, or mortification in different parts—in tracing the convolutions of the intestines downwards, I arrived at the secun, and it was bound down to the side by inflammation, in such a way that the course of the alimentary canal was completely obstructed—it was adhering to an abscess which seemed to be connected with the ovaria—the ovaria appeared to have been lacerated, and that laceration to have been followed by ulceration, and an abscess had formed there, and spread—the left ovaria was perfectly healthy—the womb was larger than in its unimpregnated condition, but on examining it internally, I found unequivocal evidence of recent abortion—I think a person in a state of pregnancy, receiving a violent kick at the bottom of the stomach, would probably have inflammation of the ovaria such as I saw—I can scarcely imagine that a disease at that early age, would occur in that part, especially as I found the left ovaria perfectly healthy—the symptoms I saw were such as would result from such a cause—I hardly think it possible they could have arisen from natural disease at that age—disease of the ovaria scarcely ever occurs till a more advanced period of life, and where natural disease occurs there, it is not common to find one ovaria healthy—I saw no marks of a kick or violence, but I think most likely the external mark would disappear—the fact of there being no external mark, does not lead me to suppose that the inflammation of the ovaria could not have been occasioned by external violence—the fall might have caused the laceration, the rebound after receiving the kick—Mr. Hart attended with me at the post-mortem examination, and attended the patient two days before I saw her.
THOMAS HART . I am a surgeon. I was called to the deceased on Thursday, the 20th of July, by the prisoner—I found her labouring under disease as Mr. Byles has described—I attended the post-mortem examination, and coincide with Mr. Byles' evidence in every particular—I told the prisoner on the Tuesday evening before she died, that I did not consider she would live twenty-four hours, but not in her hearing—the prisoner and one of her sisters in the room, told me on the Tuesday when she was nearly dying, that she had something to communicate respecting the cause of her illness—I returned to the bedside, and asked what it was she had to say—she made no reply, which I attributed to weakness—the prisoner then said that about three weeks previously she had received a blow in the chest from a black man, which had very much frightened her, that she thought it had brought on a miscarriage, which was the cause of her present illness—I then asked the deceased if she heard what the prisoner said, and if it was true—she said it was—in the post-mortem examination we found marks of recent miscarriage—that was not likely to have occasioned the injury to the ovaria—there was an abscess in the substance of the ovaria which was not likely to have been produced by miscarriage—I do not think it at all likely that a blow or push in the chest could have produced the appearances I saw—if she had received a violent kick three weeks before, that would account for the injury.
Prisoner's Defence. On the 4th of July I was at Mr. Sears's beer shop, the Wonderful Man, in Went worth street; I got into a row with an Irishman named Carney; I got the better of him, and black Jack came between us, and we fought; the deceased came between us, and he struck her in the chest; I afterwards went into the back yard, she was in a fit; and terr or twelve persons round her; in about half an hour she came to, and went up stairs; she went out with me next day, and was taken very bad; I brought her home, and asked one of the sisters to go for a doctor; she would not, and Esther went; the doctor said it was inflammation of the bowels, and ordered mustard and saw-dust poultices, and some stuff, for which I paid 18d.; she kept her bed that day, and next day we went out over London-bridge; she was taken ill again; I took her into a doctor's shop; he examined her, and said she bad miscarried; he gave her a draught, and I brought her home; she began to get better till the 19th of July, when she was very bad again, in Finsbury-pavement; I bought a piece of mutton to make her some broth, and a drop of wine; and she went to bed; I went to Mr. Byles's, and Mr. Hart came with me; they did all in their power for her; breath was not out of her body five minutes before the sisters Esther and Sarah began to blackguard me, and said I was a murderer; and if they could they would hang me; Mr. Hart said on Wednesday it was her mother's wish to have her opened; he did not come, so I went out to try and get a subscription to bury her; and when I came back they blew me up, called me a murdering rascal, and said she should be buried by the parish; Mrs. Pedley was there; I got no peace, and left them; it is all malice against me because I would not let her walk the streets; I had bad legs for some time; I would not go thieving, and was forced to beg to get an honest piece of bread; the medical gentlemen can say she was free from any disease when she died; this religious man was not called at the inquest, because they thought they could have it their own way.
GUILTY . Aged 23.— Transported for Ten Years.
Fourth Jury, before Mr. Recorder.
2238. TIMOTHY COGHLAN was indicted for burglariously breaking and entering the dwelling-house of Henry Hook at Christchurch, about three in the night, on the 7th of July, and stealing therein 2 half-crowns, 12 shillings, 6 sixpences, 22 pence, 29 halfpence, and 1 farthing, his property.—2nd COUNT, for stealing the said monies, and afterwards breaking out of said dwelling-house.
EDWARD COTTER (City police-constable, No. 246.) On the 7th of July, about a quarter to four in the morning I was on my beat in Newgate-street—I heard the prisoner take a bar down, and saw him come out of the house, No. 7, Newgate-street—I said, "You are up early this morning"—what answer he made I cannot say, but he turned towards the Old Bailey, and when I advanced towards him he ran off, and I after him, having suspicion, as he left the door open; and near the bottom of Fleet-lane I heard some money fall as he ran—he was stopped by Templeman—I picked up 1s. 7d. in copper money—I returned to the house and found two officers there, and marks on the fan-light, of a person's hands where he had got in and rubbed the dust off—the fan-light was open—a person could be lifted up to it by another person's assistance.
Cross-examined by MR. CROUCH. Q. What distance was you from the house? A. Fifteen or twenty yards on the opposite side—there is no lane between the house and the Old Bailey—the house is on the right-hand side from here, and on this side the lane—it was quite light—I heard the bartakes down, and saw him open the door and come out.
WILLIAM MURLEY TEMPLEMAN (City police-constable, No. 253.) I was on duty in Fleet-lane on the 7th of July—I heard the cry of "stop thief," turned and saw the prisoner running and throwing money from his pocket, and Cotter following him—I stopped him—Cotter came up and said he had come out of No. 7, Newgate-street—he said nothing to that—he asked me to let him go before—I held him while Cotter picked up the copper—I took him to the station, searched him, and found 15s. in silver on him—I returned to Fleet-lane where I had seen him throw the money, and down the area found 1s. 5 3/4 d. in copper.
GEORGE EDWARD EVANS . I am a turnkey of Giltspur-street prison—the prisoner was brought there on the afternoon of the 7th of July—I caused him to be searched, as I heard money jink—I took up one of his stockings with a half-crown in the foot of it—I asked what he did with it there—he said he wanted it to buy something—I saw something in his hand, and asked what it was—he said nothing—I took another half-crown out of his hand, and said I should have him punished for secreting the money—he said he hoped I would not add to his trouble, he was in trouble enough already.
HENRY HOOK . I live at No. 7, Newgate-street, in the parish of Christ-church, and am landlord of the house. An alarm was given before four in the morning—I came down and found two policemen—the shop door was wide open, which had been secured over-night by an iron bar—the fan-light was shut over-night—I found it shut in the morning—it will not stop up without being fixed, as it is on hinges, and falls down—it was shut, but I am not certain that it was bolted—I had left about 25s. in silver and copper money in the till—there might be 15s. or 20s. in copper; 8s. or 9s. were still there—there were two half-crowns among the rest, also shillings and sixpences—the only opportunity a person had of getting out was by unbarring the shop door, unless he got through the fan-light.
Cross-examined. Q. Did you leave any body up when you went to bed? A. No, we open the fan-light to let the air out, but not at night—I went round the premises the last thing at night, and I recollect that it was shut—I am positive of it—it is too heavy for the wind to blow it open—it is nine or ten feet from the ground—my door is always locked at the bottom of the stairs—there is no communication with the shop without breaking the lock.
farthings in copper, two half-crowns, and fifteen shillings in silver, which I found on him.
GUILTY on the 2nd COUNT . Aged 19. Transported for Ten Years.
WILLIAM BEECH . On the 16th of August, about eleven in the morning, I saw the prisoner Gilson at West Ham, fighting with my son William—I did not see the first of it—whether it was by arrangement I do not know—two constables came up, and Gilson ran away—my son went into his lodging just by—I went to the Angel to have a pint of beer—Gilson came there and challenged my son to fight him in the marshes at Temple Mills at seven o'clock in the evening—they fought, and my son got the worst of it—I saw my son come up very weak at the last round, and saw Gilson hit him on the side of the head—I had asked my boy not to fight, but he said if he did not he should be called a coward—I tried all I could to stop it—my son fell—Underhill picked him up several times, and stood behind him—he was his second, and carried him on his back to his lodging in Angel-lane—he was bled, but died—he had been fighting about a quarter of an hour—he was taller than Gilson and very thin.
Gilson. I did not challenge him to fight—he asked at the Angel if I was satisfied—I said, "I did not like to be struck." Witness. I did not hear that—I cannot tell what led to it—Underhill did not urge my son to fight longer than he could.
Underhill. Q. Did you hear your son ask me to second him? A. No; I went with them to the spot, and think he asked him to second him just before they began to fight—there was no unfair fighting.
CHARLES WILLIAM HENRY HOWELL . I am a surgeon. I saw the deceased on Wednesday, at half-past ten at night, in a state of total insensibility, laborious breathing, and incapable of swallowing—he lived about three-quarters of an hour—I made a post-mortem examination on Friday—there was considerable contusion externally on the left temple and beneath the eye, and within the skull a large quantity of extravasated blood—the brain was perfectly healthy—I consider the cause of death was the pressure of extravasated blood on the brain caused by violence—in my judgment the blow or fall in the fight had caused the violence—it might be a blow against some hard substance—a fall against the ground might produce it, but I think not without being knocked down—I think the extravasated blood could not be caused by his over excitement, but by violence externally applied.
Gilson's Defence. We were at Wanstead on Tuesday night; the deceased struck me in the mouth; I asked what it was for; he immediately struck me again; we both fell, and the policeman parted us; next morning I went and asked why he struck me; he said he would serve me a great deal worse, and abused me; we came out, fought, and both fell; the policeman came, and we both ran away; he was drinking with his father, and said he would sooner fight it out; and we fought it out.
Underhill. I merely went to the spot with the rest, and he asked me as a stranger to assist him.
JOHN BAILEY . On Wednesday, the 16th of August, Gilson came to me, and asked if a person named Beech lodged there—he said he wanted to see him—Beech was called down stairs—Gilson said, "You gave me a smack in the mouth last night; are you of the same mind this morning?"—Beech answered, "You are a saucy fellow "—he said, "Never mind what I
am, I am man enough for you;"—Beech replied, "You are a saucy little fellow"—that is all I heard.
(Gilson received a good character.)
GILSON— GUILTY. Aged 18.—Recommended to mercy. — Confined One Month.
UNDERHILL— NOT GUILTY .
2240. WILLIAM THOMPSON was indicted for feloniously breaking and entering the dwelling-house of Joseph John Brabant, on the 12th of July, at Stepney, and stealing therein, 1 watch, value 8s., and 1 key, 3d.; his goods.
JOSEPH JOHN BRAHAM . I am a watchmaker, and live in Jubilee-place, Commercial-road East, in the parish of Stepney; I rent the house, and live there; I keep a show of watches and jewellery in the front parlour window. On the 12th of July I left home between twelve and one o'clock in the day—I returned in about twenty minutes, or a quarter of an hour, and missed a watch from the parlour-window, which was under my care to repair—a pane of glass was broken and a piece taken out—there was space sufficient for two hands to be introduced—this is the watch.
MARY PRATT . I am the wife of Charles Pratt, and live in Gloucester. place, Commercial-road. On the morning of the 12th of July I went towards Mr. Braham's house, and saw the prisoner in company with another man, close to Mr. Braham's window—I heard the glass crack—the prisoner said to the other, "You may pay for it, I won't"—they both made away directly, and after they passed about two doors, they ran—I informed Mrs. Braham.
Prisoner. It was not me, I was not Stratford at twelve o'clock. Witness. I am certain he is the man—I did not see the other's face—it was between twelve and one o'clock, as near as I can recollect.
JOHN BEAMISH . I live in Jubilee-place, two doors from Mr. Braham. Between twelve and one o'clock I saw the prisoner standing at Mr. Braham's, and in a minute or two afterwards he passed my window with another—one of them said, "We will have a run for it, at any rate"—I looked out, and saw Mrs. Braham standing at her door, exclaiming, "They have taken a silver watch"—I followed the prisoner and his companion through seven different streets—I passed the other, and pursued the prisoner, who kept running till he came into Mile-end-road—he then stopped running, but kept walking at a gradual pace—I followed him to Dog-row—I let him turn the corner, and then collared him—the officer came up and took the watch from him.
Prisoner. It is false, I was at Stratford at the time. Witness. He was taken on the spot.
THOMAS BROWN (police-constable K 356.) The prisoner was given into my custody—I noticed him shifting his hand in his pocket, and asked what he had got there—he said, "Nothing"—I said, "Out with your hand"—I pulled it out, and drew this watch out with it.
GUILTY . Aged 20.— Confined One Year.
2241. CHARLES CRIPPEN was indicted for feloniously and knowingly uttering, on the 8th of August, a forged request for the delivery of 1/4 cwt. of white lead, and 1 gallon of oil, with intent to defraud William Pinnegar.
GEORGE INCE . I live in Chequers-square, Aldgate, and have been porter at a box-maker's; I have known the prisoner about twelve or fourteen months. On the 8th of August, about nine o'clock in the morning, I met him near Aldgate-church—he asked where I was going—I said to look after work—he said he would give me a day's work, if I went with him—he took me to Brick-lane, Whitechapel—he went into a plumber's shop, and brought
out a paint-pot—I went with him to London-street, Hackney-road—he gave me this paper and the paint-pot, pointed out an oil-shop, and told me to go over there with it—he told me to bring the white lead with me, and call again by and bye for the oil and turpentine—I gave the shopman the paper—he said Mr. Goulder always had the best white lead, he had not got it in the shop then, and must go round to the other shop for it—the shopman sent for a policeman, and gave me into custody—I only did what the prisoner told me.
Prisoner. It is false—I know nothing of the case, and when I was taken I did not know what it was for—I saw the witness about nine o'clock at Poplar—he whistled to me, and asked where I was going—I said to see for work—he walked to Sarah's-place, Brick-lane, with me, left me there, and went up Brick-lane—I went away, opposite the Pavilion—I met Mr. Watson, a plumber, and was with him from half-past nine till three o'clock in the afternoon—I never gave the witness the paper, neither did I know anything of it. Witness. He did give it me in London-street.
TIMOTHY LEBEAU . I am shopman to Mr. William Pinnegar, oil and colourman, in Martha-place, Hackney-road. On Tuesday forenoon, the 8th of Aug., Ince brought this paper—we had had five before in the same handwriting, and had received orders from Mr. Goulder to detain any person bringing them—the prisoner had brought four, and a strange man a fifth which had all been successful—I told Ince I would go and fetch the lead—a policeman was fetched, and Ince given into custody—he said Mr. Goulder's foreman had given him the paper, and was waiting for him at the corner of the street—he had a paint pot when he came in.
Prisoner. I know nothing of the orders. Witness. I am certain he is the man—he appeared deaf when he came on those occasions—those papers were destrayed after entering them in the day book—I am certain they were the same handwriting as this—I have part of one, which was the second the prisoner brought—it purports to be signed T. Goulder.
STEPHEN MANSFIELD (policeman.) I took Ince into custody—on being charged with this, he told me he got it from Charles Crippen, stating he was rather deaf, and that he had left him at the corner of London-street—I took the prisoner into custody in the evening, and asked if his name was Charles Crippen—he said it was—I said I was a policeman, and he must consider himself in my custody—he asked what for—I told him—I asked if he knew George Ince—he said, "Yes"—I asked if he had seen him that morning—he said he had—I asked if he had given him an order, or sent him any where with an order? and he said he should not answer that question.
Prisoner. It is false, I asked him what order he meant. Witness. I am sure he did not say so—Lebeau heard him.
THOMAS GOULDER . I am a builder, and live in Forest-cottages, Dalston. I know the prisoner—I employed him for about a week, on a little job about two months since—I never saw him since, or Ince—I deal at Mr. Pinnegar's. I believe Mrs. Goulder once wrote an order, and sent the prisoner there with it, when he was working for me—I do not know this paper—it is not Mrs. Goulder's hand-writing, but it is very like it—she was in the country at the time—she writes orders in my absence—I can say this is not her writing, though it is an imitation—I never authorized the prisoner to write this or any other order—it was never written by my authority.
Prisoner. Mr. Goulder once gave me an order himself. Witness. I have no recollection of it—he has been with me to the shop—none of the goods ever came to me.
Prisoner's Defence. I believe I had two orders while I was with Mr.
Goulder, one for Venetian red, and the other for red lead and sand paper; I have not been to the shop since; I know nothing of the papers.
GEORGE INCE re-examined. When he gave me the order, he said, "Take this order to the shop, and bring the white lead, for Mr. Goulder wants it, and call again for the oil and turpentine"—he said he was going further on for Mr. Goulder, and would meet me at the corner—I suppose he saw me given in charge and went away—I am got in work now—I was eight years in a situation, and was discharged last Easter, for going to the fair without leave—my sister and mother have supported me since—I have not been able to get a situation.
NOT GUILTY .
OLD COURT.—Thursday, August 24th, 1843.
Second Jury, before Edward Bullock, Esq.
2242. PETER WELCH was indicted for breaking and entering the dwelling-house of Edward Edgar, on the 23rd of July, at the parish of St. George the Martyr, and stealing therein, 30 spoons, value 8l. 17s.; 6 forks, 4l.; 2 sugar-basons, 5l.; 2 salt-stands, 1l. 5s.; 1 pepper-stand, 10s.; 2 pairs of sugar-tongs, 10s.; 1 snuff-box, 1s.; 1 time-piece, 1l.; and 1 plate-basket, 1s.; the goods of the said Edward Edgar; to which he pleaded
GUILTY .* Aged 19.— Transported for Ten Years.
2243. GEORGE O'BRIEN was indicted for breaking and entering the dwelling-house of John Rolfe, on the 18th of August, at St. Stephen, Coleman-street, and stealing therein, 3 handkerchiefs, value 6s.; 5 spoons, 1l. 10s.; 3 yards of ribbon, 3s.; 2lbs. weight of sugar, 1s.; 1 brooch, 10s.; and 1 pair of shoes, 2s.; the goods of Mary Ann O'Brien: 3 spoons, value 10s.; and 1 fork, 5s.; the goods of James Whelan: and 1 ring, 5s.; 1 crown, 1 half-crown, and 3s., the property of Elizabeth White: 1 handkerchief, 3s. 6d., the goods of Susan Restiaux: 4 handkerchiefs, 8s., the goods of William Holl; 1 handkerchief, 2s., the goods of Patrick O'Dwyer; and 1 handkerchief, 2s., the goods of John Walsh; to which he pleaded
GUILTY . Aged 19.— Transported for Ten Years.
Before Mr. Justice Williams.
GUILTY . Aged 24.— Transported for Seven Years.
(There were four other indictments against the prisoner.)
Before Mr. Baron Rolfe.
2245. JAMES CONNER was indicted for feloniously assaulting John Owden, on the 20th of July, cutting and wounding him, with intent to kill and murder him.—4th COUNT, stating it to be with intent to maim, disable, or do him some grievous bodily harm, and to prevent his lawful apprehension.
MESSRS. BODKIN and DOANE conducted the Prosecution.
JOHN OWDEN (police-constable D 122.) About two o'clock in the morning, on the 20th of July, I was on duty near Burial-ground passage, Paddington-street, and heard two females crying "Murder" at No. 7, Grafton-court—I went to the house—the door was shut—I knocked at the door—I heard several blows inside—the prisoner opened the door a little way—I asked him what was the matter inside—he said, "You b—, if you interfere with me I will murder you"—the cries of "Murder" still continued—I stepped back and sprang my rattle—I did not notice anything in his hand—I was in the court when I sprang my rattle, several yards from the house—he shut the door—Rogers,
another policeman, came up, and accompanied me back to the house—I found the door open when I went, and Rogers followed me—I saw the prisoner soner standing a little way in the parlour, with a knife in his left hand—on seeing us come in, he said, the first bl—y policeman who entered the room he would rip his b—guts out—he then stooped and picked up the poker with his right hand, and struck me a blow on the cheek with it—it knocked me down, and I lost my senses—when I came to, I found myself in a chair in the house, and sergeant Bennett there—he had got hold of the prisoner—I was attended by a surgeon—the prisoner appeared drunk.
Cross-examined by MR. BALLANTINE. Q. Have you the two women here? A. Not that I am aware of—I believe one was the prisoner's wife, and the other was lodging with him—I have not seen her since—I have been to the house several times—I struck no blow myself—I drew my staff when I went into the room—I did not see any bread or eatables on the table—it was dark—I did not strike the prisoner's arm which held the knife, with my staff—I did not use my staff at all, nor lift it up—I held it in my, hand—the cries did not continue while I was in the house, only from two children—I got in when Rogers came up, which was five or six minutes after I knocked at the door.
GEORGE ROGERS (police-constable D 77.) I was on duty near Grafton-court on the morning of the 20th of July—I heard a policeman's rattle, and went into the court—I met two women crying "Murder"—it was about two o'clock—I saw Owden at No. 7 in the court—I went into the house, and saw the prisoner standing inside the front parlour with a knife in his left hand—I believe he was in liquor—he said be would rip up any bl—y policeman that came into the room—there were two children in the room, but no women there—I have known the prisoner some years—I said to him, "Jem, you know me very well, be quiet, we don't want to hurt you"—he immediately caught up the poker, and struck Owden across the cheek with it—I saw the blood flow—Owden immediately fell back—he struck at him again, but did not hit him, as sergeant Bennett warded off the blow—it hit Bennett on the knuckles—he struck with the knob end of the poker I am certain—he then struck me across my arm with the poker in the same way—he had his left hand hanging down, with the knife in it, and he immediately raised it at me—I immediately struck him across the arm with my staff, and he dropped the knife.
Cross-examined. Q. How far from the house were the women you met? A. I should say ten or fifteen yards—I am quite certain the first blow I struck was to prevent his using the knife—on his catching up the poker I and the other constable made a spring at him—we certainly went quickly to him—we went into the room—we sprang in at him—we never laid a hand on him—I sprang towards the poker, and Owden sprung at him on the other side, but did not touch him till he struck the blow—I was about half a yard from him when he took the poker—neither of us had reached him when he struck the blow—we both held our staves up at the same time—we sprang in at him.
CHARLES BENNETT (police-sergeant.) About two o'clock in the morning, in consequence of information, I went to No. 7, Grafton-court, as I went there I heard the cries of murder—I found Owden and Rogers there, and the prisoner—as soon as I got into the room, I saw the prisoner strike Owden with the poker on the cheek, and he fell back—I caught him on my arm—the prisoner struck at him again with the poker—I put up my arm warded off the blow, and caught it on my knuckle—I saw him strike Rogers with the poker, and afterwards saw him throw his left arm out, but cannot swear the knife was in it—his arm swung in a direction towards Rogers, who then
struck him on his arm with his staff—I got up to him as quick as I could, and collared him—we took him into custody—I was not there half a minute before Owden's cheek was struck—the prisoner was not struck before he struck the blow, while I was there—there was an attempt to rescue him which we resisted, and took him to the station—as he went along he said it was in consequence of his coming home, and finding a man in bed with his wife—he appeared to be tipsy—he said he wished he had killed the b—, meaning the man—I saw him at the office the same day—he said nothing about the man being with his wife then, nor the knife—he was sober then.
Cross-examined. Q. You entered as the policeman was struck, and saw the constables standing quite quiet? A. Yes—they were telling him to be quiet—they were not holding their staves up, nor threatening—their staves were down by their sides—he struck the blow while they were in that condition.
MR. BODKIN. Q. Did he mention the name of the man, he said he found with his wife? A. No.
WILLIAM CUMMING . I am a sergeant of the D division. On the day after this happened, I went to see the prisoner's wife—I had known them about two years—she appeared to have received two severe blows in the eyes both eyes were much swollen—I could scarcely see her eye ball—she had a cut on each temple—a cut in the chin, and was very much swollen below the ear as if she had received a severe blow there.
WILLIAM PARKER CHARLES . I am assistant to Mr. Bickers, of Baker-street, Portman-square, surgeon of the police. The prosecutor came to our house, on the 20th in the afternoon—I found the side of his face considerably swollen—there was a very severe external contused wound, and a corresponding wound inside his mouth—the skin was broken externally—it disabled him for nearly a week—it was certainly inflicted by a blunt instrument, and might be with this poker.
Cross-examined. Q. How did it disable him? A. It was dangerous to go out—it might have brought on severe inflammation—it prevented his opening his mouth to its natural extent, and I should think gave him considerable pain to eat—the wound might have been dangerous to life.
GUILTY. but not on the 1st Counts. — Confined Eighteen Months.
Before Mr. Baron Rolfe.
CUTLER— GUILTY . Aged 32.
YOUNG— GUILTY . Aged 22.
Transported for Life.
Before Mr. Justice Williams.
MOSES HART . I hawk things about for my father, Aaron Hart. On the 26th of July, between one and two o'clock, I was with my father in a bye lane at Wood-green Common, in the parish of Tottenham—White came up, and asked what I had to sell—I said "Knives"—I uncovered my basket to show them—he took up a knife and looked at it—Smith asked him for it, and took it out of his hand—I asked him for it, and so did my father, but he put it into his pocket, and both walked on towards Rhodes farm—Smith said, "If you follow me, I will give you something else," and my father would not go farther—I went about half a mile to Wood-green for a policeman—we went round about two miles to Wood-green—I found the prisoners in about an hour and a half lying asleep in a beer-shop—the policeman took them.
Cross-examined by MR. HORRY. Q. Did you hear White ask Smith to give him the knife back? A. No.
PETER BAKER . I am a mounted policeman. On the 26th of July I received information from the witness between twelve and one o'clock—I went towards Muswell-hill and Hornsey, but could not find the men—I went round towards Wood-green, and there found them at a beer-shop apparently asleep, lying down on a bench—they appeared to know what I took them for, as they immediately pulled out their own knives, and showed me that they were all the knives they had got—I was not in my police dress, but they knew me, and I them—I did not find the knife.
Smith. You told me I had taken a knife from a lad before I took out my knife. Witness. I did not—I only said, "You have stopped the boy"—the boy knew them immediately.
Smith. The boy said he did not know me; but the policeman took him out, and told him he must swear to me.
MOSES HART re-examined. I remember Smith being awoke up—I knew him directly—the policeman did not say I must swear to him.
(White received a good character.)
WHITE— GUILTY . Aged 21.
SMITH— GUILTY . Aged 25.
Confined Three Weeks.
CHARLES LOWE . I am a plater and brass-founder, and lived with the prisoner in Nag's Head-court—I worked in Wylde-street, Lincoln's-inn-fields. On Thursday, the 22nd of June, I told the prisoner to come to the shop about one o'clock—she came about one, and asked for some money—she had had a little to drink—I did not give her any money, and she went away—I saw her next in the street, and she said she wanted some money—we had a few words, and I gave her in charge—I afterwards went to work, and she came to me again about an hour afterwards, a little the worse for liquor—she asked me if I was going to give her any money—I said, "Not yet," if she would wait a bit she should have some—we had a few words—she had a knife in her hand, which I worked with in my business, and in her passion she ran it into my side—I kicked her about three times till she fainted away—in a quarter of an hour or twenty minutes afterwards I fetched a policeman, because they were going to give me in charge for kicking her, and she was locked up—I found I was stabbed a little—it was about an inch deep—I had a bit of sticking-plaister put to it—the gentleman laughed at it, and said there was nothing the matter with it—I do not remember swearing that I had it "dressed"—this is the knife.
Prisoner. Q. Did not you see me lying down after he had ill-used me? A. You was lying down in the passage.
EVAN THOMAS . I am a medical student, and acted as dresser at the King's Hospital. In June last, in the afternoon, the prosecutor came there—I found a wound about midway between the crest of the ilium and the frontal ribs on the left side, about half an inch long, and an inch deep—I did not consider it dangerous—it appeared to have been inflicted with a knife—if it had gone two inches it would have penetrated the abdomen, and might have killed him.
Prisoner's Defence. I have lived with the prosecutor three months; on the
22nd of June he left me without food or firing; I said, "What shall I do for victuals to-day?"—he said, "Come to me about two o'clock, and I will give you half of what I earn;" I went; instead of giving me money, he abused me, knocked me down, and kicked me; I tried to get away; he knocked me down again, and jumped on me; and I have been very bad with my side; I caught hold of something on the board, I do not know what, and struck him with it; I did not know what it was till I saw it in the policeman's hands.
GUILTY of an Assault. Aged 24.— To enter into her own recognizance to appear to receive judgment when called on.
2249. ELIZABETH SAUNDERS was indicted for forging and uttering an acquittance and receipt for 18l. 15s. 6d., with intent to defraud Nicholas Lord Bexley and others.—Other Counts, stating her intent to be to defraud George Thomas Lee.
MR. DOANE conducted the Prosecution.
GEORGE THOMAS LEX . I am principal cashier at the London Provident Institution Savings' Bank, St. Martin's-place. I produce a receipt-book of the 22nd of April last—a person named Patience Witts was a depositor in the bank at that time for the sum of 18l. 15s. 6d., with interest—on the 22nd of April a female came to draw out this money—she gave me this receipt, which I produce, signed, "Patience Witts"—I referred to the original entry in our books to see if it was correct, and found that the original depositor had made her mark—I questioned the party, to satisfy myself she was the person to whom I ought to pay the money—I ultimately paid her the money—I gave a 10l. note, No. 68935, dated 10th Feb., 1843—this is it—(produced)—I have seen Patience Witts here to-day—she is not the party to whom I paid the 10l. note.
Cross-examined by MR. PAYNE. Q. Whose entries are these in the book? A. Mine—all of them—I saw this name written.
WILLIAM ARNOLD . I am foreman to Stagg and Mantle, linen-drapers, Leicester-square. On the 22nd of April the prisoner came to our shop, purchased a black silk dress and shawl, and gave me this 10l. note in payment—I asked her name and address—she said, "Mrs. Saunders, 76, Harley-street, Cavendish-square"—I have since seen a dress—I cannot swear it is the one I sold her.
Cross-examined. Q. Had you ever seen her before? A. No—ours is a large establishment—we see a great many females in the course of the day—she was there about three quarters of an hour, and bought different articles, perhaps twelve—I did not attend to her all the time—I did part—the other person who attended to her has left—I am certain she is the person—this writing in pencil on the note is mine—I wrote it at the moment.
MARIA GARRETT . I am the wife of George Garrett, a carpenter, and live at No. 76, Harley-street. The prisoner lodged in our house in April last, during which time Patience Witts came to stay for a few nights—I had some conversation with her in the prisoner's presence, respecting the Saving's-bank—Patience Witts began talking about it first—they began chaffing, and we had a little romance about her bank—she said she had a sum of money in the bank, in St. Martin's-place—she had three boxes which were kept on the landing—I saw her deposit book one day as she was putting her clothes into a large box—she said she kept it at the bottom of her box—she said that in the prisoner's presence—the prisoner staid at my house about a week after Patience Witts—she then went into the country by railway—she gave me half-a-sovereign on leaving—I remember a parcel
coming for her—I took it in myself, from Stagg and Mantle's—she said she had been to Stagg and Mantle's, and purchased some things, and that parcel came from there—all the things were made up that she bought there—when I took the parcel down stairs she opened it—it was calico that she showed me, and a cotton gown which she bought for her mother, and a quantity of things—I have seen the prisoner write—I cannot swear to this signature in the book—I believe it to be her writing—I have received three letters from her. On the Saturday before the Monday she went into the country, I was walking with her in St. Martin's-place, and she said, "That is where Patience Witts keeps her money"—she said, "Let us go there"—I said, "What is the use of going there unless you have got the bank-book?"—she said she wanted to know which door they went in at—I said, "The front-door, I dare say."
PATIENCE WITTS . I am now in service, at No. 26, Crawford-street, Bryanston square. I was at Mr. Garrett's in April last—I had a deposit in this Savings-bank of 18l. 15s. 6d.—I kept the deposit book at the bottom of my large box, which was on the landing in Harley-street—the prisoner was at Mrs. Garrett's—I staid there four nights—I talked about my money in the prisoner's presence, and where my book was kept—I slept with the prisoner—I missed her out of the room one night and I found my keys out of my pockety, underneath my pillow, instead of being in my pocket, where they were when I went to bed, and I found the prisoner's hand under my pillow—I kept my pocket under my pillow, and my keys were in it—one of those keys opened the box in which the deposit book was kept—I afterwords saw her coming into the room—I did not miss the book till June, after I had left, and then I gave notice at the bank—I never authorised her to draw out the money for me—I cannot write.
Cross-examined. Q. When did you open the account at the bank? A. I am not certain—I made a cross at the bank every time, instead of writing—I have not got my book with me—when I went to pay money in I took the book with me—I never drew any money out.
Cross-examined. Q. Is it the practice of the office not to pay money except to parties bringing the book with them? A. It is—the money is not paid without the book, unless there is notice of its being lost.
GUILTY . Aged 25.— Confined Two Years.
First Jury, before Mr. Recorder.
HENRY HOLBORN . I am a dealer in quadrupeds, and live in Monmouth-street. On Wednesday night, the 2nd of Aug., I went into the Spencer's Arms, Monmouth-street—the prisoner was there—I was in front of the bar—I fell out with the prisoner's husband, and we got to fighting in the public-house—I had been from there, and returned home, from Fulham, about nine o'clock)—whilst fighting we were struggling together—another man was there who illused me—I found my head very much cut—it bled a great deal—I felt quite faint from the loss of blood—I should say I fell two or three different times in the course of the struggle—I cannot tell how I received the cut—the prisoner had threatened on the previous Sunday, to do me some injury of the kind—she went away then, and they came on the Wednesday night, and
followed to my home, asked if I was there or not, and when I came home I went immediately to them—I said that before the Magistrate.
MARY ANN THOMPSON . I am the wife of John Thompson. On Wednesday evening, the 2nd of August, about nine o'clock, I was passing a public-house at the corner of Monmouth-court, I heard a piece of work, looked in, and saw the prisoner's husband and the prosecutor down on the ground, fighting with each other—I saw the prisoner stab the prosecutor with a pen-knife in the head—she had it in her hand, and was striking him down on the head and at the side—I went to push her back, and she struck me with her hand, not with the knife—she made an attempt to kick—I caught hold of her arm, and pulled her back—her husband was down on the ground at the time—I think Holburn had the worst of the fight—I cannot say whether the other man was stronger than him—they had not much power to fight on the ground, for there was another man kicking Holburn as well as the prisoner cutting him with the knife—when Holburn got up, he was bleeding very much—the wounds were in the crown of his head and the side—I saw the prisoner and her husband together, about two or three hours before this, passing up and down Monmouth-street, from the corner of White Lion-street to this public-house, and she was taking bitter oaths to her husband and the other man, that she would have Holburn's and his housekeeper's life—I know nothing of either of the parties, no further than I have washed for Mr. Holburn's housekeeper, Caroline Wilson—I do not know what offence they had given—by his housekeeper I mean a woman living with him—I do not know what quarrel there was—I do not know what the prosecutor is—when she declared she would take Holburn's life and the woman's, she had a knife under her apron—this is it—it was open then—she took it out, showing it to the man that she had with her—I saw him outside just now, as I came in—I do not know his name—I believe the officer can point him out—his name is John—I do not know his other name—that is the man I mean—(looking at a man called Robert Peel)—I am sure he is the man who was in company with the prisoner and her husband—I am quite sure that, on both occasion, I saw a knife in the prisoner's hand, and that I actually saw her make use of the penknife.
Cross-examined by MR. HORRY. Q. Have you been in company with Holburn to-day? A. Yes.
WILLIAM FINDLEY. I am potman at the Spencer's Arms, in Monmouth-street. On the 2nd of August, between eight and nine o'clock in the evening, the prisoner came into our house, in company with two men—I have seen them both here to-day—Peel was one of them—they called for something to drink, and, in a minute the woman said to one of the men, "Go and see if he is at home"—Peel went after him, came back, and said he was not at home—about ten minutes after, she told him to go again and see if he was come home, and in about five minutes after he came back the second time the prosecutor came in—she asked him how he came to quarrel with or strike her young man the Saturday night before—I did not hear him make any answer, but he was suddenly attacked—the prisoner struck at him, and the men did the same—he was down on the ground immediately, and the prisoner on the top of him—Peel was attempting to kick at him, but I did all I could to prevent him, and I do not know whether he did—the prisoner struck at him several times while he was on the ground, making hits at him, but I did not see anything in her hand—she struck towards his head and I saw the blood flowing directly afterwards—I saw no instrument, but in keeping her back I received a sharp cut in my hand—it was done in an instant, but I saw no knife—it was such a wound as a knife would make—(showing his hand)—here is the scar—I got the door to—the
prisoner made out directly, and the prosecutor followed her—when he got up he was bleeding tremendously from his head—I don't think there could have been many blows given on the ground by the parties while they were fighting, they were so close together—I don't know whether it might have been done by the kick which Peel gave—he appeared to be badly wounded.
Cross-examined. Q. Did not Holburn offer to do something to Sawford or his wife? A. No, it was a sudden attack on him when he came in—I did not hear the prisoner cry out that she was hurt—she had a key in her hand.
JAMES LEWIS ASHMAN (police-constable F 119.) On the evening of the 2nd of August, I apprehended the prisoner in Mercer-street, Long Acre—I told her she was taken for an assault on Henry Holburn and cutting him with a knife—she said nothing—when she got to the station, she said she was kicked in the groin by Holburn—the prosecutor went to Charing Cross hospital himself.
HENRY HOLBURN re-examined. I went to Charing Cross Hospital—my head was dressed by a surgeon—I remained there a very few minutes—I went there again on the following Friday—my head was not dressed again—I dressed it again myself on the following Monday, at my own house, with some sticking plaster—I saw the wound in a glass—I can't say whether a key might not hare done it—there were three or four places—it was only the skin cut—the witness Thompson sometimes washed for me—I had had a few words with the prisoner's husband on the Saturday—while I was on the ground I did my best to get away—I might have kicked the prisoner in the groin in the struggle to get up, but I don't think I did—some one was holding my legs, and some one my arms—I don't know what I did—I tried to extricate myself as well as I could—I got up, but was no sooner up than I was down again—the prisoner was standing near enough to receive a kick.
MR. HORRY. Q. Had you a fight with Sawford on the Saturday previous? A. No—I struck him and he returned it—that was all—I was once charged with stealing a dog of Joseph Banks, and got six months for it—it was found in my possession—I could have given a satisfactory account of it, but would not—I had two months for assaulting a Mr. May, but he struck me first—I have not threatened Peel with violence if he gave evidence against me—I have used no oaths towards him to day—he was not before the Magistrate—if he had been I should have had him locked up for kicking me—I did not kick the prisoner when I first went into the house—it was not upon that that Sawford I began to fight—I swear that.
MR. HORRY called
ROBERT PEEL . I am a news vender—on Wednesday night, the 2nd of August, I was coming down Monmouth-street, and met Sawford and the prisoner—Sawford had a knife in his possession—I was not with Sawford and his wife, in Monmouth-street, two hours before this happened—the prosecutor told me to day, that he would tear the b—y roof from my mouth, and bock my b—teeth out of my head if I came up at all—when I was in the public-house the prosecutor came in, pushed the prisoner in the breast, and ticked her in the most shameful manner in the groin—Sawford then got up and there was a fight between them—I saw no knife in the prisoner's hand—I should have seen it if there had been one—Sawford told me he bad a knife next evening—he was locked up and a knife taken from him at the station—I saw the prosecutor fall against the edge of the pewter counter.
COURT. Q. Were you sent to inquire whether Holburn was at home? A. No—I did not go out twice, and come back saying, he was not at home—I was there first—Sawford, the prisoner, and I went in to have some half-and-half, and I never left till the row began—his head fell against the counter
and it bled—that was before the prisoner came near him—I did not see her strike him at all—she was so faint from the kick he gave her that she could not strike—I did not see her with a key—I did not kick Holborn, or attempt to do so.
NOT GUILTY .
SOPHIA REEVES . I am the wife of Peter Reeves, of Raven-row, Mile-end-road—I let a room to the prisoner and his sister. They paid me every week regularly up to within three weeks—finding they were not likely to continue to pay, I gave them notice on Friday to go away on Saturday week—their time was up on Saturday, but I said I was not particular to a few days—on Monday, the 24th, at ten o'clock at night, I wished them to go, as me and my husband wanted to go to bed—they had taken nearly the whole of their goods, and I desired them to return as soon as they could for the rest—they took them out very quietly, but when they got outside they commenced abusing, and the prisoner used very bad language—he had a flat-iron in one hand, and an iron-bowl or frying pan in the other—he called me names—my husband ran towards him as if he was going to strike him, and said if he caught hold of him, or something of the kind, he would give him a smack on the head—I did not see my husband strike him—just after, the prisoner returned to the door and knocked me down—there was light enough for him to see who was in the passage—I was then looking out at the door—there is a gas light opposite—I can't exactly say what he had in his hand—it appeared like a flat iron—it was very weighty—I had not struck him—my face bled very much—the blow knocked me backwards on the floor in the passage—the prisoner ran away—a policeman was called—when he saw my face he went after the prisoner, and during his absence I was going to the London Hospital, but was called back again—after I had been to the station I went to the doctor's—I suffered very much pain for two nights—it was better afterward—my face was cut and black.
Cross-examined by MR. BALLANTINE. Q. Is your husband here? A. No—I believe the prisoner is nineteen or twenty years of age—he is a person of not very acute intellect—I always behaved with great kindness to him, and would again—his sister is about thirty years of age—she is subject to fits—he and his sister lived with us previous to Christmas—they both conducted themselves with great quietness—his intellect is not so bright as it should be, and there is an impediment in his speech—my husband was not rather violent that night—he had spoken to the prisoner's sister, and she was rather irritating—at the time the blow was struck I was on the step of the door—the prisoner had left the house—the sister was with some person talking outside the door—my husband had gone towards them—I can't say that he went towards the young woman—I had not left the threshold of the door—my husband used no violence to the sister in his sight—I was not standing near her—the prisoner had not to pass me to get to his sister—I had not said anything to him at the time he ran at me—I was looking towards the prisoner and his sister, and my husband was standing—there might be some other person with him—when the blow was struck he ran away from the door towards his sister.
custody, between forty and fifty yards from the house—he had a flat-iron in his hand—the sister had a bowl—I told him I took him for committing an assault on Mrs. Reeves, and asked what he did it for—he said he was destitute, and had got no home.
GEORGE ALEXANDER FALCONER . I am a surgeon. About a quarter to eleven o'clock this evening I saw Mrs. Reeves at the Stepney station—she had a contused wound, about an inch in extent, on the right cheek, just beneath the eye, it was very severely bruised—a flat-iron, like this produced, might produce such a wound—the skin was divided—she bled profusely—I attended her about three weeks afterwards—she was able to leave her house in five days—it was a serious wound, inasmuch as inflammation might take place—the skin was very severely bruised—there was ecchymosis—there was effused blood under the skin, which caused discolouration.
(The prisoner received a good character.)
GUILTY. Aged 18.—Strongly recommended to mercy. — Confined One Month.
2252. JOHN SUTLIFT was indicted for stealing, on the 27th of July, 1 bag, value 1s. 6d.; 2 pairs of spectacles, 5s.; 2 handkerchiefs, 2s. 6d.; 3 shillings, and 1 sixpence, the property of Mary Ann Longley, from her person; and that he had been before convicted of felony.
MARY ANN LONGLEY . I am single, and live in Bedford-square, Commercial-road, Stepney. On the 27th of July I came by the Chelsea omnibus, up to the end of Dog-row, Mile-end—I crossed over to my home—two short stubby lads, of ten or twelve years of age, and a tall one between them, went before me—they went through the bars of the gate before I did, and then I lost sight of them—when I got into Russell-street, by Mr. Smith's, the oilman's, my bag, which was in my hand, was dragged by some one behind me—I drew my arm forward—before I could count two, there was a second and a third tug, which threw me down on the right side—how I fell, it was so instantaneous, I can form no idea—the string of my bag was twisted round my wrist twice—I had my pattens in my hand—when I had fallen I turned my eye sideways, and saw one of the little urchins with my bag—the force of the tug had drawn me from the pavement into the middle of the road on my side—I called out, "Stop him"—I do not know what force had been applied to pull me down—I think if it was the force of the boy I should have fallen on my left side, but I fell on my right—I am not sensible in what way I fell—I was as if I had been tripped up—my bag contained a pocket-handkerchief, two pairs of spectacles, an old purse, with 3s. 6d. in it, and an embroidered spectacle-case—the prisoner came from the opposite side of the way and picked me up—Mr. Smith came out of his shop, and two young men, who accused the prisoner of being one of the gang—Mr. Smith collared him—he said, "How can that be, when I picked the lady up; did I not pick you up, Ma'am?"—I said, "Yes, my lad, but that does not exculpate you."
Cross-examined by MR. HORRY. Q. What time of night was it? A. As near ten as I can say—it was very dark about that place—I was glad when I got to Mr. Smith's shop because of the light.
ELIZABETH BARTHRAM . I am the wife of William Barthram, of Russell-street. On the night of the 27th of July I was at my father's gate—I saw Mrs. Longley pass—the prisoner and two other lads followed close behind her—my sister called my attention to them—I saw Mrs. Longley go up by Mr. Smith's—I followed her—when she got to Mr. Smith's, the prisoner and the other two lads were following her close behind—she crossed over on the Pavement of Mr. Smith's house—on her turning the corner there the prisoner turned round and said, addressing the lesser lads, "Now is your time—the
dead-wall"—The prisoner crossed over to the dead-wall and stood by the gutter—the other two seized hold of Mrs. Longley's hand and snatched her bag from her—she held it very tight, and in their pulling her away she fell down with great violence on the ground—I called "police"—the prisoner crossed the road and picked Mrs. Longley up—Mr. Smith, the oilman, came out—I said, "Mr. Smith, pray do not let him go, he is one of them"—he heard me say that—Mr. Smith took hold of him—he said, "How can I be one of them when I have picked the lady up?"—the little lads ran down Cannon-place opposite.
Cross-examined. Q. Was it Raven-row you saw them in? A. Yes—there are some trees there—when they came to the last tree they crossed over by the dead wall—they were in the road, and I stood at my father's gate—as they passed their sides were towards me—they walked all three abreast—the prisoner came from the dead-wall when I was crying out—as they passed me in the road their backs were towards me—the one who came from the wall was a yard or so from the other two—he turned round and looked at me as he spoke—he did not address me—I followed them to the corner, and then Mrs. Longley was just falling—the dead-wall is at the corner of Russell-street—it is the wall of Mr. Hooker's timber yard.
JANE BARTHRAM . I live with my father in Raven-row, Mile-end. I was at the gate with my sister and saw Mrs. Longley pass—I saw three boys following—the prisoner was the tallest—I called my sister's attention to them—she left me at the gate and followed them.
Cross-examined. Q. Did you hear any words spoken? A. No, they passed by in the middle of the road all three abreast, and the old lady just in front—I did not see them part at all.
COURT. Q. Why do you speak positively to this lad? A. I noticed him particularly—Mr. Smith had him when the lady was picked up—he was the same I had seen with the two smaller lads.
STEPHEN WALKER (police-constable K 306.) I was on duty at Mile-end gate. I went to the corner of Russell-street, and found Mr. Smith holding the prisoner—I took charge of him—he said if he had stolen the lady's bag he would not have stopped to pick her up.
Cross-examined. Q. You found nothing on him? A. No, the other lads had gone.
Prisoner. It is false; I never was in this or any other court in my life.
Witness. I am certain of him—it was for stealing a handkerchief—he had one month imprisonment, the last week solitary.
GUILTY . Aged 18.— Transported for Fifteen Years.
OLD COURT.—Friday, August 25th, 1843.
Third Jury, before Edward Bullock, Esq.
2253. JOHN EVANS was indicted for stealing 3 punch-ladles, the goods of Thomas Jennings, and other goods of other persons, in the dwelling-house of Thomas Jennings, and putting Ann Colson and Mary Patten in bodily fear, by menaces; to which he pleaded
GUILTY . Aged 23.— Transported for Ten Years.
ELIZABETH IZOD . I am the wife of Thomas Izod. On the afternoon of the 27th of July I was at Stepney—I saw a crowd and a boy dancing—my children went into the crowd—I went to get them out—I saw a thief, who has got away, touching my right hand pocket, where I had a purse and two half-crowns—I put my hand in my pocket and it was gone—the one who got away gave a nudge to Thompson, and went down Greenwood-street—I followed the two prisoners and the other, and when I got to Harlow-place I saw Thompson with the purse in his hand—I collared him, with a baby in my arms, and held him about ten minutes—he said, "You d—d b——I am no thief"—I said, "Give me my money"—he said, "I have none"—Sladden said, "Come on, you d—d fool, don't stop there"—Sladden ran up the street; Thompson wrenched from me, and ran after him—I never lost sight of them till the policeman took them—Sladden had got the money in his hand, and Thompson the purse—I have not seen the purse since.
Cross-examined by MR. CLARKSON. Q. You saw your purse in Thompson's hand, and never lost sight of him? A. Yes.
NOT GUILTY .
NICHOLAS WARD . I live in Queen-street, Portsea. On the 21st of July, between twelve and one in the morning, I was in High-street, St. Giles's—a female spoke to me, and walked by my side talking—I felt my pocket turn back three or four minutes after she came up—I turned and saw the prisoner close behind me passing my handkerchief from his hand to somebody behind—I immediately collared him, and called a policeman several times—no assistance came—I took him under a gas-light and examined him well—I was pushed about by the mob, who threatened me if I did not let him go—he slipped from me—I swear he is the man—he left his coat in my hand, which I gave to the policeman—this is my handkerchief.
WILLIAM BAKER (policeman.) I received this coat from the prosecutor—I know it to be the prisoner's—I have seen him wear it daily—I have known him a long time—I did not see him that morning—I apprehended him at half-past three on Sunday morning—I told him what for—he said he was not aware that he had lost his coat.
Prisoner. Q. How can you swear to the coat? A. There is a particular mark on the back where it was sewn up—I have passed him ten or twelve times a day for the last twelve months, and took particular notice of him.
Prisoner. Q. How do you swear to the coat? A. The right shoulder is sewn up, and some parts are white and the other black.
GUILTY . Aged 23.— Transported for Ten Years.
Before Mr. Justice Williams.
The ATTORNEY-GENERAL, with MESSRS. WADDINGTON and CHAMBERS, conducted the Prosecution.
JOHN HOLLAND . I was in the employ of Mr. Cates, a livery stable keeper, in the New-road, Chelsea—On Saturday morning, the 1st of July, I went out early with a carriage of my master's, and went to No. 188, Sloane-street, about a quarter to four o'clock, and took up a gentleman who I believe to be Colonel Fawcett—I had seen a gentleman at my master's the night he—before who ordered a carriage—I believe it was the same gentleman that I took up—he ordered the cab at that hour—it was a brougham—when I took up the gentleman, I was ordered to drive to the Haymarket—I did so—I believe it was to No. 21, it was a shop with a private door—Colonel Fawcett got out there, went into the house, and remained there half an hour or more—a gentleman came out with him—I don't know whether the prisoner is that gentleman—I could not swear to the gentleman—he looks very much like him—I think he is the gentleman—he got into the brougham, and I drove to Great Portland-street and up to a house there—the gentleman that came from the Haymarket got out there, and went into No. 27, I think, Great Portland-street—I think he rang the bell—he remained in the house some time, and then came out with another gentleman—a hired cab then came up, the cabman gave the last gentleman a card, and told him he was the one that was hired the night before—I then went to the Brecknock Arms—I took Colonel Fawcett and the gentleman from the Haymarket, in the brougham, and the other gentleman went in the cab—the cab led the way—when we got to the Brecknock Arms the gentlemen all got out—the cab was sent away—I saw another carriage there—an open one—I believe it was a gentleman's carriage, a sort of britska—I saw two other gentlemen there, standing near the Brecknock Arms—I do not know their names—one of them came and spoke to the gentleman that got out of the cab who had been taken up in Portland-street—the two gentlemen that got out of my brougham, went along the road through the toll gate, from London—the other three gentlemen walked into the field together—they went along the road some distance first—they went into a field close by the Brecknock Arms—the two gentlemen then came through the gate again and went into the field after them—it was the same field, through a gate—they went up to the other three gentlemen—they all five met there together—they then went away in a direction from the Brecknock Arms, and across the field—I there lost sight of them—I did not see them go over another field—I staid near the Brecknock Arms with my carriage—in about a quarter of an hour or twenty minutes I heard a report of fire-arms, which appeared as if it came from the rifle or target ground behind the field in which I had seen the gentlemen—I believe it was one report that I heard—I can't say that I heard any more—on hearing the report, I went to look in the direction of the rifle ground—I saw two gentlemen coming from towards that direction in a sort of hurried state—they were two of the gentlemen I had seen at the Brecknock Arms—one was the gentleman who was taken up in Portland-street, and the other was a stoutish gentleman—he was one I found waiting with the carriage at the Brecknock Arms—they came and desired the coachman to drive them to the barracks, otherwise they should be too late for the march—the coachman drove them away—after they went away, one of the other three gentlemen came to me, and told me that he wanted some assistance—I was then at the Brecknock
Arms—I think the prisoner is that gentleman—it was the same gentleman I had taken up in the Haymarket, and I think the prisoner is that gentleman when I come to look at him—he told me to follow him, which I did, into the target ground—I there saw a gentleman, Colonel Fawcett, I believe, lyingon his back—it was the gentleman I had taken up at 188, Sloane-street—I saw him carried to the Brecknock Arms—he was not admitted there—I did not see him taken any where else—Mr. Gulliver was with the gentleman when I saw him lying on his back—Mr. Gulliver was the other gentleman that I found waiting when I came up—he assisted in taking care of him and taking him to the Brecknock Arms—I afterwards drove the gentleman who I took up at the Haymarket, to Dr. Liston's, in Clifford-street, Bond-street; and afterwards to Sir Benjamin Brodie's—I drove Sir Benjamin Brodie to the Camden Arms, which is about half a mile from the Brecknock Arms.
THOMAS LOCK WILLIAMS . I am a bootmaker, and live at No. 20, Haymarket—when the shop is shut a portion of it forms the private door, but when it is open there is no private door—there is but one door, that is next to No. 21—Mr. Cuddy lodged in my house—I do not know at what time he came home on the nigh't before the 1st of July—he had a key, which enabled him to get in at any time he pleased—very early in the morning, I should imagine between four and five o'clock, I heard a ring at the door-be—I was in bed the time—I went down and answered the door—I found a short gentleman at the door—I did not know Colonel Fawcett—there was a carriage at the door—it appeared like a hackney cab—there is a cab-stand in front of my house, and it appeared one of that sort of cabs—it was a close cab, like a brougham—I admitted the short gentleman into the house—he went to Mr. Cuddy's room—he remained there five or ten minutes, not more—I did not see him leave the house—I heard footsteps going down stairs—I cannot say that I heard more than one pair of footsteps—I saw Mr. Cuddy, for the first time that morning, about seven o'clock—he was then going out—he was alone—between that and twelve in the day I saw him several times—he stated that he was going out of town for perhaps a few days, perhaps longer—he told me that about eight or nine o'clock—he had not given me any intimation, previous to that, that he was going out of town—he had his breakfast—he left about eleven, or between eleven and twelve—I carried his things down stairs, and put them into a cab—the driver was ordered to drive to the Brighton Railway—Mr. Cuddy took his lodging by the night, as is usual with officers in the army—I have seen several boxes in his room, baggage, and several cases of various sizes—I have seen a case in his room, such as I have seen in many officers' rooms, that might contain pistols—I know what a pistol-case is—I saw such a case there on the Friday—he has not returned to his lodging.
SIR BENJAMIN BRODIE . I have been many years practising as a surgeon. On the 1st of July last I was applied to, to go and attend a gentleman who was wounded—I was called up about half-past six o'clock in the morning—a note was sent up to me, requesting my attendance at the Brecknock Arms—but when I looked at the superscription, it was directed to Mr. Liston—I went down stairs, and saw a gentleman, who told me that he had been to Mr. Liston's, and he was not at home, and therefore he had come to me—I understood he had come in a close carriage—a brougham—I saw it—I had a very short conversation with the gentleman—he went elsewhere, and I went alone in the brougham that was at the door, to the Camden Arms, Kentish-town—I found a gentleman there very severely wounded—I was told that his name was Colonel Fawcett—Mr. Gulliver spoke of him as Colonel Fawcett, I believe, in his presence, but it might have been in the next room—I staid
there probably three-quarters of an hour—he had received a wound in one side—he was in a state of faintness, breathing with great difficulty, and suffering exceeding pain, saying he wished it was over, meaning he wished he was dead—the wound appeared to be mortal, as far as I could judge from the appearances—I did not see him afterwards—the gentleman that called on me was the same description of person as the prisoner—but I could not absolutely venture to swear he is the same individual—I believe he is the person—he is very like him, but I cannot say more than that—I did not particularly notice him when be came to me, and I see a great many faces.
JOHN JONES (police-constable S 130.) I was on duty at the Brecknock Arms, Camden Town, on Saturday morning, the 1st of July—I saw an open carriage coming up the road with two gentlemen in it—I afterwards saw a brougham come up—I did not notice any other carriage—I saw some persons in the brougham—I did not see them get out—the prisoner is one of them, I am sure of that—I did not see the gentlemen afterwards till I saw three in the field—I had not heard any report of fire-arms before that—I met two gentlemen coming down the road towards London, in a carriage—neither of them was the gentleman I had seen come up in the brougham—two of the gentlemen I saw in the field were the gentlemen that I had seen in the brougham—there was the prisoner and another gentleman who had been in the brougham—Mr. Gulliver was the third gentleman I saw in the field—one of the three gentlemen was lying down wounded in the field—I assisted in taking him first to the Brecknock Arms—there he was refused admittance—we then took him to the Camden Arms—Mr. Gulliver was with me—I do not know where Mr. Cuddy went—I went into the Camden Arms, and saw the wounded gentleman put to bed.
JURY. Q. Did you see sufficient of the prisoner, while in the brougham, to enable you to swear to him? A. No; but I saw him afterwards in the field—I swear he is the same person—I saw him distinctly in the carriage, and the same person was in the field afterwards.
JAMES COOP . I am a carpenter by trade, but occasionally work as a labourer; I worked at hay-making this last season. On Saturday morning, the 1st of July, I was in a rickyard, near the Brecknock Arms, at ten minutes or a quarter past five o'clock—I heard three reports of firing, and shortly after I saw a man in a dark frock-coat and a silver band round his hat in the cricket-ground, beckoning me to come to him—I went to the cricket-ground, and saw a carriage called a brougham there—I took charge of it for a short time for the coachman—I took the carriage out of the cricket-ground, by their signalling me, to the highway—when I got the carriage there, there were some labouring men bringing a wounded man out of a wicket gate, out of the target-ground—I also saw the prisoner there, and Mr. Gulliver—I am quite certain about the persons—I rode on the box of the brougham to the Brecknock Arms; and after they refused to take him in there, we carried him to the Camden Arms—while I was at the Brecknock Arms I saw a mahogany case, about fifteen inches by eleven, and two and a half or three inches deep, taken from under the seat of the driver, and put into the brougham—the prisoner put it in—the brougham then went away, and the prisoner with it—I assisted in taking the wounded gentleman up stairs at the Camden Arms, and laying him on the bed.
MR. GEORGE GULLIVER . (This witness was also indicted, but a noli prosequi was entered by the Attorney-General.) I am a surgeon in the Royal Horse Guards; I am acquainted with Lieutenant Monro; he is lieutenant in the Royal Horse Guards. On Saturday, the 1st of July, I saw him at the Brecknock Arms—I saw him before that, in the barracks, at the Regent's
Park—I first saw him that morning in the Horse Guards—he called me from my bed, and requested me to go with him—I went with him, in his carriage, direct to the Brecknock Arms—we waited there about ten minutes, and then a hack cab and a brougham came up—I do not know how many persons were in the cab, or how many in the brougham—I saw a man, whom I believe to be Colonel Fawcett, get out of the brougham—I have known Colonel Fawcett for many years, probably ten or twelve.
Q. Then, have you any doubt of his being Colonel Fawcett? A. I could not swear to his being Colonel Fawcett, I am near-sighted—when I saw the other parties coming up, I moved a little way through the turnpik;, down the Tottenham-road—I am rather near sighted, I could not recognise any body across this court—I did not join the gentleman when he got out—I did not watch him to see where he went to—I afterwards met him in a field adjoining the Tottenham-road—there were four persons in the field, Mr. Munro, Colonel Fawcett, Mr. Grant, and another gentleman whose name I did not know then—I only know it through report'—I did not hear him addressed by any name—the prisoner resembles that person in the face, but he appears to me to be somewhat taller than the person who staid with me and Colonel Fawcett—I think he is the person, but I could not swear it—the four gentlemen then went over the field—I was called by Mr. Monro—he said, "Come into the field" shouting to me by name—I refused to go in, and then he said "Do come in, you can be useful to me"—I then got over the fence, and went along with him into the field, and we moved away from the road down to an adjoining field, and down a foot-path—they moved a little distance from me at I thought for a conference, and I thought that was the reason I had been called into the field—I had my back towards them, and I should think in less, than two minutes after that, I heard the words "Ready, fire!" and a shout of "Doctor"—I could not tell whose voice it was pronounced those words—I believe the voice that shouted doctor, was Mr. Monro's—after hearing the words "Ready, fire!" I heard the report of what I considered to be one pistol, one report, and I heard the call "Doctor" immediately afterwards—in fact instantaneously—I turned round, and ran up to Colonel Fawcett who was lying wounded on the ground—Mr. Cuddy was standing near him—at least the gentleman that I consider to be Mr. Cuddy from report—the gentleman that had come down with Colonel Fawcett—he was standing with one of those thin upper coats on—it was the same gentleman that I mentioned before—Mr. Monro had at that time just run up to Colonel Fawcett—there was something said about levelling—levelling a pistol—Colonel Fawcett said that—he said he was not levelling at him, or was not covering him—I do not know which words—it was a word to that effect—Mr. Monro said, "Oh, Fawcett, I thought you were levelling at me, or I thought you were covering at me," or words to that effect—for my attention was so exclusively devoted to the wounded man, that I am not very positive, but they were words to that effect—they meant that.
Q. And then the answer to that, was "I was not levelling?" A. Yes, but I do not know whether that was in answer, or whether Colonel Fawcett made that remark—I do not know whether that was the first remark, or in answer to the other's remark—I saw some pistols in the pockets of that gentleman, who was standing by Colonel Fawcett, the gentleman who was along with Colonel Fawcett—I do not know that he was Colonel Fawcett's second, but I believe he was—I am quite sure there was a gentleman there with a brace of pistols in his pocket—that was the first time I had seen any pistols—that was the gentleman who was like the prisoner, but I would not swear it was the prisoner—Colonel Fawcett was sinking, his respiration was becoming embarrassed, his heart was ceasing to act, in fact, he was going to faint and
die as I thought then and there, but I relieved his position, put him into a position to relieve his respiratory muscles, and he revived—the gentleman with the pistols in his pocket stopped, and gave every assistance, and was excessively anxious about Colonel Fawcett, and in fact perfectly abandoned all idea of self, and stopped to help Colonel Fawcett, till I sent him away to fetch Sir Benjamin Brodie, or Mr. Liston to assist—he would not go till I sent him—I never saw him again, either before or since, unless this gentleman may be him—I believe he may be, but I do not know that he is—I cannot swear to him—I think he is the person—I believe he is, but I will not swear positively that he is—I attended Colonel Fawcett afterwards—I quitted him about nine o'clock that morning—I saw him again with Mr. Liston—I think it must have been that afternoon—I believe I saw him on the Sunday—I saw him again after that—I attended him as a friend—not up to his death, because I have been placed in custody, and have been defending myself—Mr. Liston was his medical attendant.
Cross-examined by MR. SERGEANT SHEE. Q. You say that the parties retired for a moment as you thought for a conference, and you turned your back? A. Yes—it was all done in a hurry—I heard the report of a pistol before I knew what was going on—when I got up to Colonel Fawcett, he did not tell me it was an accident—he said nothing to me about it—he said in my presence that he had been practising.
EDWARD DAVIS . I am a toll collector at the Maiden-lane gate, near the Brecknock Arms, Camden-town. On Saturday morning, the 1st of July, between four and five o'clock, I saw an open carriage with one horse come from Camden-town towards my gate, and pull up at the Brecknock Arms, and then a brougham with one horse—I did not notice any more—I did not see any persons in the brougham—I saw two gentlemen get out of the first carriage—I did not notice how many got out of the brougham—I saw five gentlemen altogether at the Brecknock Arms—the prisoner was one of them—I am positive of that—this gentleman and another walked a little way down the road, and then returned—I did not see where the five gentlemen went—I did not notice them afterwards—I did not hear any thing—about a quarter of an hour afterwards I saw two gentlemen returning from across the field—they got into the open carriage, and drove off—I then saw another gentleman coming across the field—I think the prisoner is that gentleman—he was beckoning the coachman to follow him—the coachman went off after this gentleman, and then the coachman and he both went across the field—I stopped till the coachman returned again—I afterwards saw the prisoner in the field along with Mr. Gulliver, close to the wounded gentleman, looking over him—I am positive of that—I heard Colonel Fawcett say to the prisoner that he wished his wife to be sent for, he should like to see his wife.
ROBERT LISTON, ESQ . I am a surgeon, and live at No. 5, Clifford-street, Bond-street. I saw Colonel Fawcett, on Saturday the 1st of July, I suppose between nine and ten o'clock, at the Camden Arms, Camden-town—he was wounded in the right side, a little below the arm pit—I examined the wound—I judged from the symptoms that it was a serious wound—a mortal wound I should say—I saw Colonel Fawcett from that time till near his death, within an hour of his death I suppose—the last time I saw him was I think about four o'clock on the Monday—I think he died about five, or between five and six—I made a post mortem examination on the Monday evening—it was a very small wound externally—ragged, and had penetrated one of the ribs—I think the seventh rib—it had wounded the back part of his lungs, and the ball was found in the spine—the nineteenth vertebra I think—it was a pistol bullet—the cause of death was the effusion of blood into his chest, and the shock altogether—it was a serious wound—the spinal chord was not
separated, but it was seriously wounded altogether—I have the bullet here—( producing it)—in my judgment his death was caused by a wound from a pistol bullet—I cannot very well form any opinion as to whether it could have been done with a pistol which Colonel Fawcett held in hii own hand.
Cross-examined by MR. SERGEANT SHEE. Q. Could you form any opinion from what you observed of the wound, in what position the arm of the deceased must have been in at the time it was received? A. The arm must have been raised very much.
COURT. Q. Or else it must have gone through it? A. It would have gone through the arm—the arm must have been out from the side.
SARAH LAWFORD . I am cook in the family of Mrs. Norton, of No. 188, Sloane-street. Colonel Fawcett lodged there—Mrs. Fawcett lodged there about three weeks before the Colonel came home—he came home about a fortnight before the 1st of July—I know Mr. Munro—I remember his being there several times—I saw him there last on the Wednesday or Thursday before Colonel Fawcett left Sloane-street—they had words, and quarrelled—next morning a gentleman called on Colonel Fawcett while he was at breakfast—I believe his name was Grant—I saw the card lying on the breakfast table that morning—I am not certain it was the card he sent in—I did not see a card there before—I let the gentleman in, he gave me his card, which I took in to Colonel Fawcett—the gentleman then went into the back dining-room, and Colonel Fawcett went in and spoke to him.
SIDORE BLAKE . I am half-brother to the late Colonel Fawcett, His Christian names were David Lynar—in consequence of a letter from Mrs. Fawcett, I came to London from Newcastle-upon-Tyne on Monday, the 3rd of July—I went to the Camden Arms, Camden-town—Colonel Fawcett was not then alive—I saw his dead body there on the 4th of July.
NOT GUILTY .
Before Mr. Baron Rolfe.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
ELLIN SHAW . I live at No. 1, Derby-place, Bays water, in the service of Mr. Hopper, as housemaid—he has two grown-up daughters, Miss Jessie and Miss Emily—Emily is the oldest—the house faces Kensington-gardens—there is a gate almost opposite the house, leading on to the broad walk of the garden—the young ladies occasionally walked there. On the 6th of July, the day the Queen held a drawing-room, I saw Miss Jessie come in from a Walk, between twelve and one o'clock, I think—I had not seen her go out—shortly after she came home, the prisoner rang the bell—I answered it—he asked me if that lady who had just entered the house had lost any thing, as he had just picked something up at the gate—I went and spoke to Miss Jessie, returned, and told him she had not lost any thing—he said he was sure it was hers, for he had picked it up close by the gate—he held his finger in his hand, as if holding something—he said he should not show me what he had found, as it was his intention to advertise it the following morning; if the young lady found she had lost anything, and looked in the newspaper, she would there ascertain what it was—he asked if the young lady lived there—I said she did—he then left—his hair was very thick over his face, but it is now shaved off—he had a very large beard, both on his upper and under lip—I was examined before the Magistrate—he had his beard then—on the 20th of July, between nine and ten o'clock at night, I heard the coachman's bell ring—I then received this letter from Mary Chandler, the coachman's wife, and
gave it to Miss Emily—the coachhouse and stable are a little way down the garden—they do not join the house.
Cross-examined by MR. BALLANTINE. Q. Are you prepared to swear it was between nine and ten o'clock you received the letter? A. Yes—I heard on Saturday that the prisoner had shaved since I saw him, but I know him—there is still the same countenance—I do not know whether Miss Jessie had gone out alone on the 6th of July—she came up stairs alone—her sister was not in the house.
ELIZA GILES . I am nursery-maid to Mrs. Puddick, of Coburg-terrace, Bayswater, who is an acquaintance of Miss Hopper's. On Monday, the 17th of July, I was in Kensington-gardens with mistress's child, and saw a tall stout man there, with a high forehead and long mustachios, and a great deal of hair on his chin, over his lips and below—the prisoner is the man—his mustachios are now cut off, also his whiskers and beard—there was nobody with him—I took him to be a foreigner, and could not think what he was looking at—he was on a seat, on the right-hand side—he did not get up, but looked very hard at me—I was playing at ball with the child—I went down to the bottom of the garden, and came up again—he was then on a seat on the left hand—he looked at me very hard—I came straight out of the garden—I know Miss Emily Hopper, she had been in the garden that Monday, and spoke to mistress's child, on the left-hand side of the garden—on the next day I went to the gardens again, and saw the prisoner and a woman with him, about the middle of the gardens—the woman stopped me and said, "What a pretty child"—I said, "Yes, ma'am"—she asked me the little girl's name"—I said, "Fanny Puddick"—the prisoner then asked me, was not Mrs. Puddick a friend of Mrs. Hopper's—I said I did not know, as I had not been there long—he then asked, was not that Mrs. Puddick that lived round in Porchester-terrace?—I said "No; Mrs. Puddick, my mistress, lives here, facing the gardens"—he then asked, "Was not that Miss Hopper speaking to the little girl in the gardens yesterday?"—I said, "Yes, sir"—he then asked how many Miss Hoppers there were—I said I only knew two, Miss Emily and Miss Jessie—he asked their names before I told him—then he asked if there were any more—I said, "I do not know"—the woman then asked the child to kiss her, and she did not like at first—he said no more, and I passed on—I recollect his telling the woman that was Miss Hopper speaking to the child yesterday in the gardens.
Cross-examined. Q. You were not examined before the Magistrate? A. No; I told Mr. Mills, a friend of mistress's, what I knew, five or six weeks ago, who came there—I believe he had seen this in the newspaper—Mr. Hopper had made no communication to me.
Q. Now do you mean, on your oath, you have no doubt that is the man? A. Why it is between five and six weeks ago—I cannot say exactly; he had a blue coat and white trowsers—I think he is a large make.
MR. CLARKSON. Q. Do you believe him to be the man? A. Why he had a broad face, and I do not think the prisoner has—I did not look at him, exactly, not to know him, as I ought to know him, in the gardens—he seems to be altered, if he is the man—he was much stouter—he had his hat on when I saw him.
MARY CHANDLER . I am the wife of Richard Chandler, coachman to Mr. Hopper. I live with my husband at the stables—on Thursday night, the 20th of July, between nine and ten o'clock, there was a ring at the stable bell—I answered it, and found the prisoner at the gate—I am sure he is the man—it was not very dark—the lamps are near—I did not open the gate, but looked through the hatch—I did not notice whether he had a beard on—I looked through the rail, and saw only the upper part of his face—he gave me a
note, which I gave to Ellen, the housemaid—this is it—I saw him at the police-office, and said I was sure he was the man—I heard him speak there, and knew his voice.
Cross-examined. Q. Is it by his voice you recognize him? A. His voice and appearance—when I went in, I said, "That is the man"—he was not pointed out at all—he was sitting down in the police-court in custody—I was fetched there by Shaw, the housemaid—she told me the man was taken—she did not say it was a man with a great beard—I did not know he had a beard before I went to the office—I had no conversation with Ellen about him—all she said was, the man for bringing the note was taken up—I was taken quite at a nonplus—it wanted twenty minutes to ten o'clock when I received the note—I know that, as my husband wanted me not to answer the bell, as he thought it a runaway ring—I looked at the clock before I went—I gave the note to Ellen immediately.
MR. CLARKSON. Q. When you were sent for to the police-office, did you know you were going? A. Not till I was fetched—the prisoner was sitting there, and another man by him—I believe there were several waiting in the office—I pointed him out myself, and am sure he is the man.
MISS EMILY HOPPER . I am the eldest daughter of Mr. Thomas Hopper. I live with him, opposite Kensington-gardens—he is an architect—the family consists of my sister Jessalina and my brother—our house faces the broad walk of Kensington-gardens—I and my sister were in the habit of frequently walking there—on the 10th or 11th of July I received a letter by post, which I destroyed, but I made a copy of it—before that, I had heard of the servant making an inquiry whether my sister had lost anything—I took no notice of the letter—I remember the 20th July, the day on which a letter was left at the house—I can recognize the prisoner perfectly well—I saw him on that 20th July, about half-past nine in the morning, in Kensington-gardens—I was at home—I saw him from the window commanding a view of the gardens—he was on one of the seats in the gardens with a female—his appearance is very much altered since that, his hair has been removed from his face—I have not the least doubt of him—soon after I observed them, the same woman I saw in his company, came to the door of the house—she did not ring the bell at first—I cannot say whether she saw me at the window—she spoke to the servant—about the middle of that day I was in Albion-street, near our house—I saw the woman again, and the prisoner with her—on the evening of the 20th July I received this packet from the housemaid—I found a letter inside the outer envelope, addressed to me—this is it—and another letter inside it in a sealed envelope, this is it—I opened them both—my sister had left town the morning the letters arrived—a family named Ross live next door to us, and we are on habits of intimacy—on the 28th of July this letter arrived by post at my father's house, in the envelope as it is now.
COURT. Q. Why did you copy a letter, and destroy the original? A. I thought it an extraordinary letter when I read it—it mentioned about a dress of Lady Somerset—I tore it up, but thought it so strange, I afterwards collected the pieces, and copied it.
JAMES WOODHOUSE . I am a clerk in the house of Coutts and Co., bankers. I live at 9, Cobourg-place, and am acquainted with Mr. Hopper's family—I had some conversation with the young ladies on the subject of the annoyance they had been exposed to, and on Saturday, the 29th of July, I saw the prisoner opposite the house on the other side of the Bays water-road, looking up at Mr. Hopper's window, moving about in a very bold, impudent, swaggering manner, which attracted my attention—I went over towards Mr. Hopper's house—the prisoner has been shaved since that—at that time he was very
much like a foreigner, having a beard from his chin, and mustacnios on his lips—I only went inside Mr. Hopper's gate—I think the prisoner did not see me go in—I tried to prevent him—I merely went to the side door, and asked if that was him—I came out in a moment, and he had got nearly a mile before I overtook him, towards London—there was a woman with him—I gave him in charge of a policeman, whom a gentleman sent for—I said I gave him in charge for writing and sending these letters to Miss Hopper—he begged me to walk two or three steps from the policeman, to speak to me—I did so, and he entreated me, for my sake, and my sister's sake, not to have him taken by a policeman—he called me Mr. Hopper, and told me to consider the feelings of my family, for the lady's name would be published in the newspaper if he was tried—he assured me he was employed by Mr. Bell, a respectable gentleman, to indict this house, and he assured me he would subpoena my sister—I said several times to the policeman and himself that he had sent scandalous letters to this family, and he did not deny it—he said, "Yes, yes, but consider yourself, consider your sisters"—the woman went to the station-house—she begged in his presence not to be taken, saying she had only delivered the letter, it was very hard she should be taken for only delivering the letter, and having nothing to do with the writing, and he said, if I persisted in having the woman takes, he begged I would first take the witnesses to her house, and have it settled there, that she kept a house in Somerset-street, and was the landlady.
Cross-examined. Q. I suppose you were somewhat excited? A. Yes, as I had a hard run—I was not otherwise excited—I cannot recollect my exact words—I charged him with writing scandalous letters—he took me aside, and said, "Yes, yes, &c."—he had denied writing them before the policeman—I then said he was a villain, or something, to write such infamous letters to girls, when he had appealed at the same moment to my pity for this woman—he said, "Yes, yes, but consider yourself and the young ladies"—I do not mean to say that he explicitly denied it, but you worry and agitate me so, and I have been worried and agitated enough—I had not spoken to the prisoner previously to giving him into custody—I had walked by his side—he perfectly knew that I was accompanying him—he did not speak to me, nor I to him—I asked a gentleman on horseback to go for a policeman—I was walking with him about twenty minutes or more.
MR. CLARKSON. Q. Why was it you kept walking with him till a policeman came? A. In hopes that I could irritate him to take hold of me, and then I could have taken the law into my own hands—as soon as I saw the policeman I gave him into custody—it was at the time I called the policeman that he called me a step or two aside to speak to me—it was when I said he was a villain, and had sent these scandalous letters to the family, that he said "Yes, yes"—he used that expression a great many times.
Q. Was the observation "Yes, yes, but consider yourself and the family," in answer to your suggestion that he had written infamous letters, or in answer to a suggestion that he had had no pity on the family? A. They were both connected, it was in answer to both.
COURT. Q. Did you, in the course of the conversation with him, speak to him of having written infamous letters to the family? A. Yes, he only replied to that, by begging of me to think of myself and my sisters.
HENRY PHILLIPS . I am clerk to the justice, and acted in that capacity at the prisoner's examination on this charge—he made several remarks during the examination—at the end of Miss Emily Hopper's examination the whole of the letters were read—the prisoner said, "The letter signed by Mr. Bell I have had nothing whatever to do with; I have witnesses to prove that I was not in or near Derby-terrace on Thursday week"—the examination was on Saturday,
the 29th of July—the Thursday week before that would be the 20th—when James Powell, the constable, was examined, and referred to a letter which was not read at that moment, the prisoner said, "That letter I admit, it is signed George William Hamilton"—Powell was examined by the prisoner—I will read what he stated: "I am a constable of the C division, 186; I did not hear much that you said, but I heard you say you wished to settle it; at the station-house he (Mr. W.) said he would not charge the woman; then you wished him to press the charge; the woman seemed to be glad to get away; you did not say before he charged the woman, he had better take his witnesses to her house to be satisfied whether she was the woman or not; you said you had written a letter to a gentleman, saying you should subpoena his daughter, as she could give important evidence respecting the house; I did not hear you say you wrote any other letter."—Then the prisoner said, "That letter I admit, it is signed George William Hamilton"—this is the letter I that was then produced and read—at the end of the first day's examination, I think, it was proposed for him to be remanded, and he said, if he was, he should have witnesses to prove that he was not near Derby-terrace—he mentioned Mr. Bell several times—he said on one occasion that he had been employed by Mr. Bell—I never heard him say he should produce Mr. Bell—I do not remember that he said who Mr. Bell was—he was remanded, and brought up a week after—he did not then produce any witness—Mr. Flower, the attorney, appeared for him on that occasion.
Cross-examined. Q. Was Miss Hopper in Court on the first occasion? A. The prisoner said, "Miss Jessie Hopper is here; she had better be put into the witness box"—I did not see him point to any one—nothing was said denying her presence.
(Letters read):—"Miss Emily Hopper. (Private.) Madam, I inclose you a letter for your sister Jessie; and if you have the least regard for her reputation, as well as that of your own, you will forward it to her immediately; for I tell you that your characters depend entirely on her answer to it, and that answer must be sent to me before twelve o'clock on Tuesday next. If you wish to read my letter to your sister, you can do so; but if it is shown to any other person, her character is blasted. She knows what I mean, and I dare say you do the same; at all events, you can guess the cause of her being sent into the country. If this fails in reaching you, I shall send one through the channel of Mr. Ross's family. Your obedient, RBELL. All communications must now be sent to me at 39, Somerset-street, Portman-square. You are perfectly at liberty to show this to your father or your brother; but if you do, Jessie is for ever damned, in fact, the whole family; therefore judge well before you act rashly."
The letter addressed to Miss Jessie Hopper was as follows:—"Do not flatter yourself that, by going into the country, you will avoid the necessity of paying me. I assure you you will find out your mistake; and the longer you defer it, the more you will eventually have to pay, for my time is valuable. I saw you leave Derby-terrace this morning, and one of my men accompanied you to the end of your journey, and will remain there until I relieve him. It certainly appears as though you cared very little about your reputation, or indeed that of your family, or you would have made some proposal to buy my secret long before this; but perhaps you have not fully understood me. I will, therefore, be as plain as possible with you; and I expect you will give me a decisive answer before twelve o'clock on Tuesday next. You must be aware that I have been at great expense in watching your movements for so long a time; and what I now have to ask is this—will you pay me for the expense and trouble I have been at, and keep all a secret, or will you refuse to pay
me, and hare all your friends know your mishaps? Your father, I suspect, knows it, by his removing you from home; but whether or not, I shall tell him all, as well as the rest of your friends and neighbours, unless you pay me for holding the secret. I have used you too well; for had it been some persons, they would have at once disclosed all; but I feel anxious to give you a chance of saving your reputation from utter ruin, and yet you neglect the opportunity I have given you. My object was merely to wish to save your character from being blasted; but if you don't care about it, let me know, and I shall apply elsewhere. Perhaps you think that my word alone will not be credited; but I am fully prepared for this, as I have several witnesses, all of them respectable householders, ready to identify you, should my word be doubted; but I know you dare not compel me to produce them. At present none of them know who you are, or where you live, but all of them can identify you from a hundred others. In fact, one of them is a gentleman living exactly opposite the house; both him and his wife saw you several times, and he knows both your face and that of your friends. You had better let him see this, and hear what he says. I don't suppose he would like the affair known either by your father or in the public papers; but this will be the case, I assure you, unless my expenses are immediately paid. I do not wish to compel you to pay me, if you do not feel anxious to do so, as I am quite sure of being paid by some one or another. I merely give you the chance of purchasing my secret, which you will admit is worth knowing, This is very kind on my part; but, as I said before, I would rather sell my secret to you, and save you from ruin, than sell it to others, who would expose you and your family. However, do just as you please. Should you not write before twelve o'clock on Tuesday, I will explain all to your father and your brother, besides all your friends, both in the neighbourhood and elsewhere. Besides, the editor of the Satirist newspaper would gladly purchase a secret so well authenticated as mine is. This certainly would amuse your friends. Your having neglected to write has compelled me to send this to your sister Emily; and if she reads it, it will be your fault. You know my determination, and I will only refrain from exposing you when you have made me some offer for the expense and trouble I have been at. In case I am out of town, you must write to me, 'care of Mr. Hamilton, 39, Somerset-street, Portman-square.'—P. S. Your sister has carried a very high head with my messenger; but I dare say, when all is known, she will be glad to hold it a little lower. An advertisement may perhaps bring you to your senses."
"To Mr. Hopper.—Somerset-street, Portman-square, July 27.—Sir, I beg to inform you, that I have received instructions from Mr. Robert Bell, of George-street, to subpoena a daughter of yours, Miss Jessie Hopper, as a witness against a brothel in this street, which Mr. Bell and others have authorized me to indict at the ensuing Session, and which brothel your daughter has frequently visited during the last two months, in company with an officer, who will also have to appear as a witness for the prosecution. As I imagine you are ignorant of these proceedings, I have thought that the better plan would be to inform you of Mr. Bell's intentions, before any further steps are taken, in so disagreeable a case; and I would advise you to put yourself in communication with Mr. B. immediately, as it is his present determination, in case I should not be able to serve your daughter with a summons, to produce his witnesses in Court, to prove that your daughter visited the house for an immoral purpose, Therefore, whether she appears in Court or not, the exposure will be equally as great. I should not have given you this notice, had it not been mentioned to me, that your family are highly respectable, and actuated by a wish to
save you all from so disagreeable an affair—I trust you will give me credit for having done so;—remaining, sir, yours most obediently,
"G. W. HAMILTON."
SAMUEL JARMAN . I am clerk to Mr. Humphreys, the solicitor for the prosecution—I have searched the roll of attorneys in the Queen's Bench and Common Pleas, from the year 1810, down to the present time, and in the Exchequer, since attorneys have been admitted to practise there, and do not find any person named G. W. Hamilton, or George William Hamilton, on either of those rolls.
MISS HOPPER re-examined. My sister Jessie is very ill indeed, and quite unable to attend here—she is confined to her bed by illness, and has been so ever since she was at the Police-court.
MR. BALLANTINE. Q. When did you see her last? A. This morning—she is at Bayswater.
COURT. Q. Is she able to attend here? A. No, she is not—she went out of town on the 20th of July, for three or four days—she was at the Police-office on the 29th, when the prisoner was examined—she was not examined—she has been very ill ever since—she was taken very seriously ill that evening, and has kept her bed ever since—a medical man attended her.
MR. WILLIAM WADHAM COPE . I am governor of the gaol of Newgate—the prisoner was brought in on the 5th of August—he then had a beard and moustachios—his appearance is very much altered since then—last Monday I saw him in the cell-yard, and drew the attention of the Sheriffs to him—he had then been shaved, and had a handkerchief tied round his face—I observed to him that he had shaved himself, that the turnkey had put into my hand a knife, which I produced, and I asked how he had got it into the gaol, as it is the practice to search prisoners, when they are brought in, to take from them any weapon they may have about them—he said that he had it at the New-prison, scraping his nails with, and that a prisoner there told him he would not be allowed to bring it into Newgate, but if he was desirous of doing so, he could put him up to a plan by which he might effect it, and that was, by concealing the blade between the sole of his boot, which he told me he had done, and had come in with it in that way—he said that was the knife with which he had shaved himself.
Cross-examined. Q. We understand his beard was very remarkable indeed? A. It was, it covered nearly the whole of his face, but was rather thin in places—it was such, that seeing the face for a moment would certainly excite my attention.
GUILTY . Aged 40.— Transported for Fourteen Years.
Fourth Jury, before Mr. Recorder.
2258. CATHERINE LOWRIE was indicted for feloniously assaulting Wm. Hilton Rainbow, on the 4th of July, and cutting and wounding him in and upon the head, with intent to do him some grievous bodily harm.
WILLIAM HILTON RAINBOW . I live at Wapping-wall, and work for a shipping master—on the 4th of July I was at the Coach and Horses, High-street, Shadwell, about three or four o'clock in the afternoon—two sailors went in with me to get some half-and-half—the prisoner who was there asked them for some beer—one refused, the other said, "Give her a drop"—the prisoner then took the pot and glass and handed them round with the beer—the sailor said Come, you have not had any beer, old man, yet;" and while he was putting the pot over to call for more, the prisoner took a silk handkerchief out of his pocket and placed it under her arm or shawl—I said, "That won't do, 'stow that; if you want to rob anybody, you must rob them at home, don't rob
them here"—the landlord said, "Unless you deliver that handkerchief up, to prison you shall go," and with great reluctance she threw the handkerchief at him, when she found the landlord coming—after a bit she got it a second time from the sailor, and put it under her petticoats—I told her it would not do, she should deliver it up—Smith, the landlord, said, "Unless you deliver it up, to prison you shall go," and was coming round—she had a glass of ale and threw it in my face—I went to wipe my face, and she said "You d—d old b——r, I will bury this glass in your skull"—she threw the glass directly at my head, and cut it—the policeman was coming just at the moment, and took me to the station—they washed the blood away—they took me to the London hospital—the glass was extracted there—my head is not well yet—I was quite sober.
Prisoner. He struck me violently on the head twice. Witness. I did not strike her at all, nor use any violence to her, or threaten it.
ALFRED BIRD . I am barman at the house—the prosecutor came there with two sailors—the prisoner threw a tumbler of beer at him, and then the tumbler itself, and cut him in the head—before that, I had seen her take the handkerchief once out of the sailor's hands—he was sober—one of them ordered her to give it up, which she did—she denied it at first—Smith, the landlord, said he would send her to prison if she did not give it up, and she returned it—she said that it was through the prosecutor, and called him robber and thief, and threw the glass at him, as he was taking his hat off to get his handkerchief to wipe his face—he was about a yard from her—she appeared to aim the blow at his head with force—she appeared in a passion—the sailors did not charge her with stealing the handkerchief, but went away—she had before that, let the glass fall—she was not intoxicated—she is in and out of our house five or six times a day.
AUGUSTINE BRICE (policeman.) I was at the corner of King David Lane at this time, and went to Smith's public-house, and found the prosecutor bleeding—the prisoner was given in charge by the barman—when I got to the station, and found that the prosecutor was gone to the hospital—I said, "You will get locked up for this"—she said, "Yes, if I had cut his b—y head off, it would have served him right"—she seemed sober—the prosecutor was insensible from the loss of blood.
CHARLES HENRY HOLMAN . I am a student at the London hospital, and have been so two years—the prosecutor was brought there—he had a lacerated scalp, and was bleeding very much—the wound was not very deep—it was a kind of torn cut of the scalp, deeper than the skin—a small artery was wounded just under the cut, which caused the bleeding—there was not much mischief—there was danger of erysipelas following—there was no appearance of erysipelas, but it was impossible to tell for a few days—about three inches of skin was broken—it was rather a clean cut—I found five very small pieces of glass in the flesh—I suppose the tumbler broke in coming in contact with the head—he has not been in any danger—it was rather a severe wound—I should suppose the glass was broken from the force of the blow—I think a glass thrown from the hand at about three feet distance would produce it—I should term it a severe laceration of the scalp—he was ill four or five weeks—the cut is not quite closed yet—his body was in a good state—the wound would have healed of its own accord with a piece of rag round it—it wanted strapping—the bleeding was the most dangerous symptom—there was no inflammation—I took off the strapping in three or four days as a little matter had formed, and cleaned the wound—Mr. Luke, one of the surgeons of the hospital, also saw him—he was kept in bed and on low diet—the wound was not more than the eighth of an inch deep—it was rather an angular form—I found five small pieces of glass in the wound—it must have been broke in coming in contract.
Prisoner's Defence. It is a piece of spite because I would not go and live with him; he is married; I was drinking with the three sailors when he came and abused me, and hit me twice on the head; I threw the beer and glass and all at him; I was not exactly sober, and am sorry for it, but I did it in a passion; I had no thought of taking the handkerchief; I knew one of the sailors well.
W. H. RAINBOW re-examined. I get my living by working for shipping Bisters. I work for a crimp, and find sailors for the ships—I hare known the prisoner two years, and never knew any thing against her before—I have asked her to eat and drink sometimes, but nothing more—she threw the beer it me first, and then the glass—she was in a great passion about the handkerchief—the sailors saw what she did, but did not charge her with it—I said if she wanted to rob them she must rob them at home—I did not say, "If I am a robber you shan't rob him"—we had never had a word of anger before—I do not think she intended to do me harm.
GUILTY of an Assault. Aged 24.— Confined One Month.
ELIZABETH TAYLOR . I am an unfortunate girl, and live at No. 26, Baker-street, Bedford-square. On the 26th of August I and a friend had been out, and on returning felt rather thirsty, and went into the Bedford-Arms to have a glass of porter—the prisoner was there, and a female who had lodged with her had a bunch of flowers, she asked me to smell them, and gave me one—the prisoner then became very angry, and used a great many blackguard words, then struck me on the left temple with her first, and after that took up a carpenter's mallet which was on the table I believe, and struck me on the left temple with it—I had not struck her—I fell, and do not know what happened after—I believe she was a little in liquor—we had had a few words four or five months before, but nothing to signify—I cannot tell why she struck me with the mallet—she keeps a brothel, and is like me as well.
Cross-examined by MR. BALLANTINE. Q. You keep a brother, do you not? A. No; I am a house-keeper, but have no lodgers—I have not been charged with any assaults—there was a warrant, and the prisoner came up for the party—it was last Christmas—I was charged with assaulting Elizabeth Nathan, but she assaulted me—I was fined 10s.—I did not recollect that before—it was the name of Barker that the prisoner came up for—that case was discharged—I am sure I did not fight with the prisoner—I did not fall on her, nor strike her.
Q. Did you throw a centre-bit at her? A. I do not know what I do when in a passion—I swear I did not throw a centre-bit at her—I cannot tell what I did when insensible on the ground.
Q. After coming out of the police-court did not you say, "Well, did not I sham well and do the beak?" A. No, I said nothing of the kind.
MARY ANN ESTILL . I went to the public-house with Mrs. Taylor—some workmen were doing repairs—I saw a girl there with flowers—she asked Taylor to smell them, and I believe she took one—some words passed between her and the prisoner—she said, "You are very fast in taking the flowers"—Taylor said, "They have nothing to do with you—they do not belong to you"—the young woman said, "Do not have any words about them"—with that I believe the prisoner struck Mrs. Taylor with her fist—the landlord came in, and there was a wrestling together—Mrs. Taylor said she had a fight first herself, but I did not see it—I saw them struggling—the
landlord tried to part them—I saw the prisoner strike her with a mallet and put her out—I went to put my shawl on the bar, and when I returned they were fighting again at the bar—it commenced in the tap-room—she struck her with the mallet about two minutes after striking her with the fist—they both struck at the first, and the landlord parted them; that was when she struck with the mallet—Taylor threw off her bonnet and shawl after the first blow was struck.
Cross-examined. Q. She prepared for battle, did not she? A. I suppose so—I do not know that she is considered a fighter—they are all alike in that neighbourhood—I did not see the centre-bit thrown—Taylor declared to me that it was not a centre-bit, but a pipe, but not till after we were before the Magistrate—she told me she had shammed ill, and done the beak.
COURT. Q. What were her words? A. I saw her empty her lotion, which she got to wash her face, into the wash hand-basin, after she had it from the doctor—after the prisoner was committed she was sitting holding her head down, and said, "Did not I gammon it well before the beak? "—they call going before the Magistrate going before the beak—I went to the Bedford Arms with her after the assault, and we drank together all day.
JURY. Q. Did she fight after she was struck with the mallet? A. Yes—I was not aware she had any thing flung at her at the time.
COURT. Q. Did you pick Taylor up off the ground? A. Yes—I have sworn the prisoner was on the top of Taylor—I do not know that she knelt on her—she tore her face, I believe—I sent a boy for a policeman, and held the mallet till he came—she bled, but not from the blow of the mallet—the prisoner struck the first blow.
Q. Did you ever say Taylor did not strike her, and if she did you could not have seen it for the prisoner was at the top of her? Look at this, is it your mark? A. Yes, it was read over to me—I told the Magistrate I could not tell whether she struck her—I believe I have said the same here as I did there.
GEORGE ALEXANDER FALCONER . I am a surgeon, and live in Hertford-terrace, Commercial-road. I examined the prosecutrix, and found a contused wound on the right side of the head, with corresponding swelling on the opposite side, a bruise under each eye, and several abrasions of the skin about her face—the wound on the head might have been inflicted with a mallet—those on the face I consider to have been done by the nails—we consider all wounds on the head dangerous, for fear of inflammation—the skin was broken superficially, and there was effusion of blood under it—there was no concussion, nor any thing very serious—she may not he said to be out of danger now, taking into consideration her habits of life.
Cross-examined. Q. Are you prepared to swear the blow was not done with a fist? A. No—any abrasion of the skin in a woman of her habits would be dangerous—as I was coming into court just now, the prosecutrix said to me, "You must make my case as serious as possible."
MR. BALLANTINE called
EDWARD JOSIAH PURTON . I keep the Bedford Arms. I was attracted by a noise in my house, and went into the tap-room to see what was the matter, and found the prisoner and prosecutrix fighting—the prisoner struck the first blow on the prosecutrix's face—the prosecutrix then threw a pipe at her, which broke across her face, and then a centre-bit, which was lying on the table with a mallet and other tools belonging to some workmen in the house—the centre-bit missed her—the prisoner then took up the mallet and struck the prosecutrix—it did not render her insensible—she fought afterwards—with
the assistance of the workmen I got her out into the yard, and they commenced fighting again—the prosecutrix did not seem weak—they fought, and both got on the ground—the prisoner's finger was in Taylor's mouth for two minutes, and she could not extricate it—the prosecutrix walked away, and the prisoner remained at the door till the policeman took her.
GUILTY of an Assault.—Recommended to mercy. — Confined Fourteen Days, and to enter into her own recognizance to keep the peace.
2260. JOHN WRIGHT was indicted for burglariously breaking and entering the dwelling-house of John Parsons, about two o'clock in the night of the 22nd of July, at St. Mary Islington, with intent to steal, and stealing therein, 1 purse, value 6d.; 1 necklace, 4s. 6d.; 60 pence, and 120 halfpence; his property.—2nd COUNT, for burglariously breaking out of the said dwelling-house.
HARRIET PARSONS . I am the wife of John Parsons, and keep a greengrocer's shop and coal-shed in the parish of St. Mary Islington—it is a corner house—the coal-shed is at the side of the house, with doors communicating to it. On the 23rd of July I shut up the house a little after twelve o'clock—the coal-shed was also fastened—about four in the morning the policeman knocked me up—I found the coal-shed doors open—they had been secured over-night by bolts inside—the bolts had been pulled up, a panel had been taken out of the parlour door, and the bolts of the door withdrawn—on the table in the back parlour we found a piece of iron tied to a piece of stick with a piece of string—I found a writing-desk in the parlour open, which had been locked the night before—I missed a coral necklace, a silk purse, and about 12s. in copper money—a pair of old shoes was left behind in the coal-shed—I never saw the prisoner till he was before the Magistrate—there is an opening from the coal-shed into the cellar—a person might conceal himself in the cellar over-night—he could then get into the coal-shed, and take out the panel of the parlour-door—that was the way he got in.
BENJAMIN MOSS. I am in the service of Mr. Attenborough, a pawnbroker, in Compton-street. I produce a coral necklace, pawned by the prisoner for 3s., on the 24th July, about eleven o'clock in the morning—he redeemed a coat at the time, and paid 5s. 6d. for it—the best part in copper money.
Prisoner. There was only 1s. 6d. copper money. Witness. I cannot say for certain, but he paid the principal part in copper—I should say about 2s. 6d.
EDWARD JEFFREYS (policeman N 259.) On the night of the 22nd July, a little before eleven o'clock, I saw the prisoner in Green Man's-lane, Islington, about 150 yards from the prosecutor's house—I did not speak to him, but I knew his person—at four I found the coal-shed door open.
ROBERT FANCOURT . I keep a beet-shop in Tunbridge-street, New-road. On the 26th July, between twelve and one o'clock, I found the prisoner concealed behind my water-closet door, which opens direct from the tap-room—I gave him into custody—I walked behind him to the station, and about fifty yards off 1 picked up this purse on the pavement—I gave it to the policeman.
EDWARD SHELLY (policeman 114 S.) I found this duplicate of the beads on the prisoner—this purse was given me by Fancourt—I have a pair of old shoes, which were found on the prosecutor's premises—I don't know who they belong to.
MRS. PARSONS re-examined. This purse and beads are mine.
Prisoner's Defence. I found the necklace and purse wrapped up in brown Paper in the New-road.
GUILTY. Aged 17.—Recommended to mercy. — Confined One Year.
OLD COURT.—Saturday, August 26th, 1843.
Second Jury, before Edward Bullock, Esq.
2261. LEOPOLD MEYER was indicted for stealing, on the 26th of June, at St. Andrew Undershaft, one ring, value 21l., the goods of Philip George Dodd, in his dwelling-house; and ROBERT BERG for feloniously receiving the same, knowing it to be stolen; to which
MEYER pleaded GUILTY. Aged 20.—Recommended to mercy, and received
a good character.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
PHILIP GEORGE DODD . I am a jeweller, and live in Leadenhall-street. On the 26th of June, about a quarter to three o'clock in the afternoon, Meyer came into my shop and asked me to show him some rings—I did so—he selected one at five guineas, and desired me to substitute some rubies for the emeralds—he left me a ring with a crystal in it, requesting I would put a garnet in it—the ring cost about 25s. or 30s., independent of any stone—there were some rings in a tray lying near where the prisoner was standing—I should think 300 or 400—before he left the shop, from an intimation my brother gave me, I entertained some suspicion—my younger brother followed him, but did not succeed in tracing him—I did not think myself justified in seizing him at the time—I afterwards found that a diamond ring was missing, worth twenty guineas.
Berg. Q. How far is your shop from the portico of the India-house? A. About twenty-five yards—it is not opposite, but in the same line—Meyer came into my shop at a quarter to three, or rather sooner—I think the clerk at the office put down a quarter to two—I mentioned to him that he had made a mistake—I am certain it was a quarter to three, or thereabouts—the clerk made the mistake.
ALFRED DODD . I am the brother of the last witness. On the 26th of June, some time before three o'clock, Meyer came into the shop—my brother showed him some rings—I observed one of them was missing, and followed him out of the shop, and immediately caught sight of him just after he passed Lime-street—he had got some short distance—he joined Berg under the portico of the India-house—Berg could not see the shop from where he was placed—when Meyer joined Berg, he entered into conversation with him for about a minute—they were then standing at the door of a cab—I did not see anything pass between them—they separated—Meyer walked on a little further and hailed a cab, with his stick pointing westwards—he got in and we drove off towards St. Paul's—when I returned, Berg was in the other cab, and the horse's head was towards Whitechapel, but still stationary where I had left it.
Berg. Q. Did the inspector tell you what to say here in evidence? A. No—I should say Meyer remained in the shop about ten minutes—he hired the cab in Leadenhall-street—I noticed the number—I could not swear Meyer had committed a robbery—when I saw him speaking to you I did not consider myself justified in giving you in custody then—I can't say that I ever saw you before—I am positive you are the man.
JAMES GREEN . I am a cab man. On the 26th of June, Meyer called my cab—I do not know whether Berg is the person who was with him—I drove Meyer to the Westminster-road—he kept hurrying me—I drove him by the Marsh-gate, Lambeth-road—he had no money to pay me, and gave me a Union pin—he told me to bring it to his lodgings next morning—I took it, but he was not known there—this is the address he gave me.
Berg. Q. Did not Meyer tell you to drive quick, for there was another cab behind? A. No—he said there was a cab behind, but I did not know what he meant by it—he did not speak English very well—I could just understand him—he said he would give me 10s. and when he got out he said he had got no money—when I was called from Leadenhall-street, there were three cabs on the stand—Meyer took the first, and you the second—I was on the stand close by the India House—I cannot swear you were the person with him—I did not know Mr. Alfred Dodd was following Meyer.
DAVID STEEL . I am a bookseller, and live at No. 2, Spring-gardens, Charing-cross. On the 22nd of June the prisoner Berg engaged apartments at my house, along with Meyer his friend, as he represented him—he called him Leopold Burlington—Berg said that Meyer was a young gentleman come from Germany; that his friends were very rich; and he had come over here to stop for six weeks or two months—Berg did not lodge with me, he came as Meyer's friend—they were not lodging together—I used to see Berg at Meyer's frequently—on the 26th of June, about nine or ten o'clock in the morning, Berg came—I cannot say whether they went out together—I did not see anything more of them till Berg came in from half-past three to five o'clock, I cannot swear exactly—Meyer came in about a quarter of twenty minutes past five—he did not sleep there that night—he said nothing about where he was going—Berg had come in great agitation and trouble about his friend—he had a newspaper, and was up and down stairs in great agitation, saying, "Is my friend come yet?"—Meyer came a little after five—Berg came down stairs to make up the bill, and said they were going away directly—I was surprised, as they had only been there four days—they paid me, and went off in great hurry and excitement—Berg said they were going to some German Baron in South or North Audley-street.
Berg. You stated before Mr. Hard wick that Meyer was out till about four o'clock, and now you say about five. Witness. This is my hand writing—(looking at his deposition)—it was read over to me before I signed it, but it was not taken down in a manner that I liked, it was taken down so incorrectly—I stated that Berg came in from three to five, I would not positively state to a quarter of an hour—Meyer came in about five—you were up and down stairs several times before Meyer came in, and you rang the bell.
MARIA BADGER . I have lived with Berg, as his wife, for twelve or thirteen months—I remember his going out one Friday about nine o'clock, and not returning—in consequence of that I had his box broken open, and found a pocket book in it, in which were three pieces of a ring which I sold at the shop of Mr. Greeves, in Bulstrode-street.
Berg. Q. Did the inspector go to your father and friends to speak against me? A. Not that I am aware of—I never heard him talk to my friends about you at all—we were not married, through a difference of religion.
P. C. DODD re-examined. These are my property—one piece has my mark—they are the ring without the stones—my house is in the parish of St. Andrew Undershaft.
NICHOLAS PEARCE (Inspector of police.) I took the prisoners into custody together at Upper Stamford-street—I heard the statement made by Meyer at the Police-court—I know Mr. Hardwick's handwriting—I believe the initials to this statement to be his—(read)—"The prisoner Berg says, 'The Pieces of ring found in my box were given to me by Meyer.' "
(The prisoner Berg, in a long defence, stated, that he was engaged as interpreter and servant to Meyer two months ago, whose appearance was that of a German
nobleman travelling for pleasure; that Meyer went to the prosecutor's shop, and desired him (Berg) to stop by the India House, which he did, and then got him a cab; that the pieces of ring were given him by Meyer, and he did not know them to be stolen.)
BERG— GUILTY . Aged 21.— Transported for Seven Years.
Before Mr. Justice Williams.
2262. SAMUEL WAND was indicted for forging, on the 12th of June, a certain deed, with intent to defraud James Christian Clement Bell and others,—other COUNTS, stating his intent to be to defraud Edward Trustram Wand.
MESSRS. ADOLPHUS, CLARKSON, and BODKIN conducted the Prosecution.
Cross-examined by MR. BALLANTINE. Q. Is this will in your particular custody? A. No, the record keeper handed it to me.
MR. BODKIN. Q. Did he deliver it to you in the Prerogative Office? A. Yes.
(The will was here read in part, it bequeathed the sum of 30l. a year to the children and grand-children of Elizabeth Wand, after the death of Mary Ann Fowler, the niece of the testator.)
THOMAS JAMES PEACHEY . I am clerk in the office of the Reversionary Interest Society, in King's-arms-yard, Coleman-street. James Christian Clement Bell is one of the trustees—Robert Davis and William Whitmore are others—there are other shareholders, but no other trustees—I know the prisoner—he came to the office, I cannot say in what month, it was in this year, and offered a reversion for sale—he gave me no particulars except that it was a larger sum than some of his family had sold previously, but he could not state exactly the amount, as he did not know how many life tenants there were then living—he called himself Edward Wand—I cannot say whether he gave me any address at that time—I think he said he had been living at Finchley, but had removed from there—I think Finchley was mentioned, but I cannot say exactly—I made some inquiries respecting himself and family—he said he had been a baker—he said nothing particular about his family then—I cannot say whether he said anything about the testator—I gave him a printed form of proposal, and requested him to take it to a solicitor to get it filled up—he came in a few days after with his solicitor, a person named Walsh, and brought the proposal filled up in the course of a few days.
MR. BALLANTINE. Q. Did he bring you the proposal at all? A. This is it—I do not know whether it was brought by him or his solicitor.
MR. BODKIN. Q. Did you ever see this in his presence, or have you conversed with him about it? A. No—I do not know his writing—I think it came when he was not present—I cannot be sure.
Cross-examined by MR. SIMMONS. Q. How is this society constituted? A. By deed of settlement—I know of my own knowledge that James Christian Clement Bell is one of the trustees—I am clerk to the directors, and have been in the office since 1825—I did not ask the prisoner whether he had any other name than Edward—he did not say he had.
CHARLES WILSON . I am managing clerk to Sir George Stephen, solicitor for the Reversionary Society. I attested the execution of this deed—I saw the prisoner execute it in my room, at Sir George Stephen's office, King's-arms-yard—there is a sum of 503l. so mentioned as the consideration money—that was paid to the prisoner by a cheque on the Bank of England,
for the sum of 503l. 10s.—this is it—it is filled up in the writing of one of the clerks in the office, and signed by the secretary of the directors.
Cross-examined by MR. BALLANTINE. Q. Were you the person that paid that? A. No—I think the secretary handed it over to him—I was in the office when he did so—I have not the slightest doubt of the prisoner being the person who executed the deed—I saw him sign it—I am quite certain—I had seen him several times before.—(The deed which was here read was dated 7th of June, 1843, by which Trustram Wand, baker, of Finchley, commonly called Edward Trustram Wand, though baptized Trustram Wand only, agreed to sell his share and interest in the Will of the said Laurence Trustram, to J. C. C. Bell, and others, for 503l. 10s.)
MR. ADOLPHUS. Q. Was this paper also delivered to you by the prisoner? A. By his solicitor—the prisoner was not by at the time—it was signed by him—I do not know his writing except from having seen it on the deed—it is exactly like his signature—I believe it to be his—I saw him sign the deed. (This paper was a declaration made by the prisoner before Mr. Alderman Kelley of his title to the said money, and of his being the said Edward Trustram Wand.)
EDWARD TRUSTRAM WAND . I am a baker, and reside at Finchley. I am one of the children of the late John Wand—he left six children—I had an uncle named William—my father was the son of Elizabeth Wand—my father's children were John, Elizabeth, Martha, Mary, Sarah, and myself—I do not know how many children my uncle William left, but I have been given to understand four—I am not positive whether one of them was named Ann—I was not much acquainted with the family—the prisoner was one of his sons—I am not positive whether he had a sister named Elizabeth—I knew him as being my cousin—the signature to this deed is not my handwriting—it was not written with my authority or knowledge—I had nothing to do with it in any way.
Cross-examined by MR. BALLANTINE. Q. Were you acquainted with the prisoner from childhood? A. No—I became acquainted with him sixteen or seventeen years ago—I suppose he is about thirty-five years of age—I knew his name from his being represented as my cousin, and knowing him to be one of the family.
MR. BODKIN. Q. What is his name? A. Samuel.
THOMAS FRANCIS ROBINS . I am a solicitor, and carry on business in Tokenhouse-yard. I know the prisoner—I acted for him in 1838, when he sold a reversionary interest to the Society in Charles-street, St. James's-square—his name at that time, as I understood it from him, was Samuel—there were two deeds, which I have here—one bears date the 2nd of March, 1838, and another the 16th of Nov. in the same year.
Cross-examined by MR. BALLANTINE. Q. Were you one of the attesting witnesses? A. I attested the execution by Samuel Wand to them both.
JAMES SALTER (police-constable V 15.) On the 20th of July last I went to the prisoner's house at Balham-hill—he was standing at the door of his house—I asked him his name—he said, "Wand"—I asked if it was Edward Wand—he said it was—I then told him I was come to apprehend him on a charge of forgery—he said if that was all, he should be able to make that right—I took him to the station, afterwards came back, and examined the house—I did not know it to be the prisoner's house before that—he had very lately lived there, and I was not aware that the other person had left the place—the
name of W. Wand was over the door, and the business of a corn-chandler was being carried on there—as we were going over Clapham-common to the station, he said his name was Edward Wand, that was the name he was always known by—I said there was the name of W. Wand over the door—he said that was a mistake of the painter's, and he had not had time to get it altered—on searching the house afterwards, I found this marriage certificate in a drawer—I did not take it with me then, but went next day and asked the wife for it—she gave it me—I am sure it was the same paper that I saw, and read, and left in the drawer.—(The certificate was of a marriage between samuel Wand, son of William Wand, and Margaret Bigger staff, at Brighton, on the 21st Nov., 1840.)
GEORGE RUSSELL (policeman.) I assisted in searching the prisoner's house when he was taken, and found these cards and papers in a writing-desk in the shop.—(The cards had on them "William Wand, corn and coal merchant;" there were some bills headed "William Wand, late Evans;" a receipt of William Wand to a sum of 138l. for the good-will and fixtures of the shop; and an agreement signed "John Evans," dated 5th June, 1843, engaging that he would not set up in business against William Wand.)
CHARLES WILSON re-examined by MR. BALLANTINE. Q. you mentioned an attorney to this person, was that a man named Walsh? A. Yes—he attended almost constantly at the office—he was present at the time I attested the execution of the deed—Walsh attested it with me—I saw Walsh a great many times in the course of this business.
Q. Did he not appear to you to be the person most active in making the arrangements, and directing the prisoner throughout? A. In the way of giving him advice, and assistance in making out his title, he was—it it always the case with solicitors—he was acting in the usual way that all solicitors act for parties coming to our office—I dare say I saw him more than a dozen times—I cannot say whether the cheque was handed to Walsh or the prisoner—Walsh came several times to the office when the prisoner was not present—I do not recollect the prisoner coming in Walsh's absence—I have not seen Walsh since the day on which the prisoner appeared at the Mansion-house and was committed—he was present there at the hearing—Walsh was the first person who gave information to me about the prisoner.
GUILTY . Aged 38.— Transported for Ten Years.
Before Mr. Justice Williams.
2263. FREDERICK FLETCHER, HENRY GEAR , and ROBERT SHEPHERD were indicted for burglariously breaking and entering the dwelling-house of Richard Field, on the 12th of July, at St. Marylebone, and stealing therein, 5 sovereigns, 4 half-sovereigns, 8 half-crowns, 2 Shillings, 1 sixpence, 1 franc, and 1 half-franc; his monies.
MR. BALLANTINE conducted the Prosecution.
RICHARD FIELD . I am a grocer, and live in Salisbury-street, Lisson-grove, Marylebone. On Thursday, the 13th of July, about a quarter to seven o'clock in the morning, I examined the back window and door of my premises—I had not examined them before—the back door was safe, but the back parlour window thrown open and propped up—a square of glass was cut out, to undo the fastening—I had seen that window safe at two o'clock that morning, when I went to bed—I have a cheffonier on the right of the window of that room, and on it was a box containing five sovereigns, four half-sovereigns, 8 half-crowns, some shillings, franc-pieces, and a half-franc—I had had the franc about two months—it was very much worn, rather bent in and had a dark stain on it—I examined the premises at the top, leading
to the washhouse, and found a veil on the roof of the premises—it had been in a washing-tub in the wash-house the night before.
Cross-examined by MR. PAYNE. Q. Are you sure you fastened the window on the night before? A. Perfectly—I have a distinct recollection of it.
THOMAS SHAW (police-constable D 112.) On the Thursday morning, the 13th of July, between two and three o'clock, I was on duty, by the prosecutor's premises, and I saw the three prisoners—Shepherd was on the same side of the way as I was, and the other two on the opposite side, near the prosecutor's house—I had to pass all three of them—as I passed, Gear said, "Look at that b—over the way," alluding to me—there was nobody else in the street—they were dressed very shabbily, worse than they are now—I knew their persons before—they were standing about the street, not walking at all—two were about twenty yards from Field's, and the other about forty yards—I passed on to my home—I had just been relieved—on the middle of Friday night I went with the officer to Gear's lodging, and found him in company with a woman in bed—he said, "Oh, you b—, I know what you are come about; you have come about that crack in Salisbury-street"—crack means housebreaking—he said I should not take him, but Hall, who was with me, should—Hall took him—I had not opened my mouth about any robbery being committed.
Cross-examined by MR. PAYNE. Q. It was known in that neighbourhood, was it not, that the robbery was committed? A. I should say it was.
JOHN HALL (policeman.) I accompanied Shaw to take Gear in a common brothel, in bed with two women—I woke him up—he turned round to Shaw and said, "Oh, I know what you have come about, you b—, you have come about the crack in Salisbury-street"—I said, "If you know about it, get up"—he said to Shaw, "You shan't take me, Jack Hall shall"—I took him—I had seen Shepherd pass me about ten o'clock on the morning of the robbery, before I had any information of it—I noticed his clothes—he had the same old blue coat on that he has now—he was in company with a sweep—I saw him again between eleven and twelve that day—he then had a frock-coat on, and a new hat—he was dressed better, and different—I saw Fletcher first that day between eleven and twelve, with this new waistcoat and coat on—I have known him two years—I never saw him with such good clothes on before—I saw him every day in the week—on the Tuesday he had a flannel jacket.
Cross-examined. Q. What time did you see Shepherd in the new coat? A. It must have been between eleven and twelve—I saw him with the sweep in the other dress, about ten, or a quarter to ten.
JOHN TURNER (policeman.) I took Shepherd into custody at half-past one o'clock on Friday, the 14th, which was the day after the robbery—I met him in Devonshire-street, and said I wanted him—I asked if he was aware what it was for—he said, "No"—I asked if he knew the other two prisoners were in custody—he said, "No"—I said he must go with me to the station—he said, "What for?"—I said, "For a robbery in Salisbury-street"—he said, "What is taken?"—I said I believed there was nothing but money gone—he said he did not mind being remanded on that suit—I found a key on him, which I have tried to the street-door next to the prosecutor's—it opened it—that door would enable the parties to get to the prosecutor's premises over the washhouse.
Cross-examined. Q. Did any people live in the next house? A. Yes, I believe there are lodgers there—this is a common key, but it appears to be bent round.
Lisson-grove—I know the prisoners by their coming into the bar to be served—I saw them on Thursday the 13th, both separate and together at the house—when I first saw them they were not dressed as they are now—they were rather shabbily dressed at first—they were in and out at our house—on the following day I saw Gear—he had a glass of rum about half-past twelve on Thursday—he gave me a franc—I gave him sevenpence halfpenny change—I told him it was only worth tenpence—we parted with it the same day—I noticed it when I took it—it was worn a good deal and bent—there was a black mark on it, which appeared to be wax, or something of that kind—the morning before that, they were not dressed so well as then—I had seen them all together an hour before, but not afterwards—I had seen them together two or three times that Thursday morning about half-past nine or ten, o'clock—there were other people with them—I saw them come into the house—they came in together—I did not notice any more with them at ten o'clock—we may take a franc-piece about once a month.
JOHN THOMAS BURROWS . I am a clothes salesman in Great James-street, Lisson-grove. On Thursday morning, the 13th of July, at half-past ten o'clock, I saw the three prisoners together—Shepherd first purchased a coat, waistcoat, trowsers, and hat, and changed a sovereign and half a sovereign to pay for them—he went away, and came back in about ten minutes with Fletcher and bought a coat and hat, for which he changed half a sovereign, and paid 6 shillings in silver—Gear came in about half an hour after with the other two and bought a coat, waistcoat, and hat, and paid a sovereign and a half sovereign—this coat was bought by Fletcher, the waistcoat and coat by Gear—they had shabby clothes on when they came.
Cross-examined. Q. How much did Gear lay out? A. 27s., Fletcher laid out 14s.—I did not see that he had any other money.
FLETCHER.— GUILTY . Aged 23.
GEAR.— GUILTY . Aged 19.
SHEPHERD.— GUILTY . Aged 20.
Transported for Ten years.
Before Mr. Baron Rolfe.
THOMAS BENNETT . I am shopman to Mr. James Stedman, linen and woollen draper, No. 44, Bedford-street, Strand. On Friday morning, the 28th of July, about a quarter after nine, the prisoners, Williams and Young, came to the shop and asked to look at some calico to make a wrapper—I showed them some—they complained of it not being stout enough—I showed them canvass which is made for wrappers—they purchased a yard and a half—while I was serving Young, Williams took five pieces, containing about twelve yards of woollen cloth, from the shelf—he carried it out of the shop under his coat or cloak which was hanging on his arm—he handed it over to Morris, who remained outside—he had not been in at all—Williams afterwards returned into the shop, and put the things straight on the shelf, which he had disturbed—the two afterwards left the shop together—I immediately pursued them, stopping to put nothing away—I called for the police, but they had received information from some stranger, and were following them—they went down Maiden-lane, which is about three doors from the shop—they were walking—Morris was seized in the lane—he threw the cloth down in the road—he was taken to the station—the other two ran away, but were pursued by a policeman—Williams was taken at the end of Maiden-lane—Young ran down the Strand and was secured—Young bought half a yard of
canvass at 8d. a yard—I cut it off for him, but was not paying any attention, and cut it awry—I was then observing Williams taking the cloth—it was my master's cloth.
Cross-examined by MR. PRENDERGAST. Q. Young received his change, and went out? A. Yes—he gave half-a-crown—I gave him 1s. 6d.—the house is in the parish of St. Martin in the Fields.
Cross-examined by MR. PAYNE. Q. Had you seen Williams before? A. Never, to my knowledge—The bargain was going on about ten minutes between me and Young—Williams was about three yards from me at the time the cloth was taken—I did not run round and seize him, because I had a bad ancle, nod could scarcely walk—he came into the shop again, after taking the cloth—I could not seize him, as I had nobody to assist—there was nobody up stairs to call down—Williams was about twenty yards off when I got out—I could not run—a stranger stopped him nearly a hundred yards from me—there was a corner where he turned—I believe he is a tall man—I do not know a man called the long porter.
Cross-examined by MR. BALLANTINE. Q. Did you see Morris run away, or the other two? A. The other two ran away—when I went out, Morris was just behind them, carrying the cloth.
WILLIAM DOUGLAS (policeman.) On the 28th of July, about half-past nine o'clock, I received information, went to the corner of Maiden-lane, and saw the prisoners—Williams and Young walking in front, and Morris about two yards in the rear, with the cloth under his arm, with a coat thrown over it—I got within four or five yards of him—he immediately dropped it, and ran away—I secured him, and took it up—the other two prisoners ran away, pursued by another constable, and several strangers—I am certain they are the two.
Cross-examined by MR. PRENDERGAST. Q. Young was walking quietly when you first saw him? A. Yes, with Williams, not arm in arm, but side by side—I saw nothing pass between them—all three ran away as soon as Morris dropped the cloth, but I took Morris immediately—I am certain Young ran—I never saw him before—I am quite certain of him—I saw him again in about ten minutes—several people were running, but not till after the prisoners ran.
Cross-examined by MR. PAYNE. Q. You were in Bedford-street? A. Yes—I saw Williams not a hundred yards down Maiden-lane—I ran after him—I know a man called the long porter—he ran among the rest.
Cross-examined by MR. BALLANTINE. Q. Had Morris seen you before you took hold of him? A. Yes, and dropped the cloth before he attempted to run, before I laid hold of him.
GEORGE DOWNES (policeman.) I saw the prisoners all walking down Maiden-lane together, Williams and Young rather in advance of Morris, who was carrying a bundle—he dropped it almost as the constable was in the act of taking him into custody—the other two ran away—I pursued—Williams was stopped by a stranger at the end of Maiden-lane, as I called, "Stop thief"—I pursued Young on to a coal-wharf near Waterloo-bridge, and apprehended him, in the act of getting through the window of an unoccupied dwelling-house he had run into—I had lost sight of him—I am sure he is the same person—I knew him well, having seen him in custody on a similar charge—he asked me what I wanted him for—I said I did not rightly know what the charge was, but it would be made known at the station—as he was running down Southampton-street he threw down a parcel similar to this, which was afterwards brought to the station by a boy—it contains the piece of canvass supposed to be the piece purchased.
Cross-examined by MR. PRENDERGAST. Q. How long have you been in the
police? A. About four years and seven months—I have been a witness several times—I never heard before that it was not my duty to say a man had been in custody before—I am sure Young is the man I saw running at first—I did not see him go into the unoccupied house—the house had a door but it was locked—he got out of the window—I suppose he entered in the same way—I went into the house afterwards—I laid hold of him, as he was in the act of coming through the window—I saw him drop the parcel—he threw it out of his hand, on a heap of paving stones—I did not stop to pick it up, but pursued him—it was a parcel like this when rolled up.
Cross-examined by MR. PAYNE. Q. Where was Williams stopped? A. At the end of Maiden-lane—I saw a man I suppose they call the long porter—I never heard him called so—I have since been informed his name in Reeves—I knew him at the time quite well—I do not know that he has bees here a good deal—all I know of him is seeing him in the market—I should say he is not a man of bad character—he has something to do with the parish of St. Martin's as a beadle—I did not see who stopped Williams.
THOMAS BENNETT re-examined. I will not swear this is the same can—it is the same kind, and was done up in the same kind of paper, I believe—this woollen cloth I will swear is my master's—it is the cloth that was taken from the shelf—it is worth 5l. 14s.
Cross-examined by MR. PRENDEROAST. Q. How do you know the value? A. From the private mark—that is what I should sell it for—I can't tell what was given for it—there are about twelve yards of it.
WILLIAM DOUGLAS re-examined by MR. BALLANTINE. Q. Is that your hand-writing to that deposition? A. Yes, I laid hold of Morris the instant be dropped the parcel—he dropped it before I laid hold of him—(the witness' deposition being read, stated "I laid hold of Morris who directly dropped the bundle.")
Williams received a good character.
WILLIAMS— GUILTY . Aged 23.
YOUNG— GUILTY . Aged 30.
MORRIS— GUILTY . Aged 23.
of stealing only.
Confined Nine Months.
ROBERT PENDUM. I am in the service of Mr. Edward Bolton, draper, of Lisson Grove—on Monday morning, the 17th of July, about eight o'clock, the prisoners came into the shop together—Young asked to look at a piece of wrapping—I showed him some calico—he had about a yard, worth 4 1/2 d.—he gave me a sovereign in payment—I gave him what change I had in the shop—I had not the full change, and I went up stairs and got it—as I returned, Elizabeth Robins met me at the foot of the stairs, and said something, in consequence of which I looked round the shop—I did not miss anything then—Williams was then at the door, and Young waiting for the change—I gave it him and he went away—I looked round the shop again, and missed 34 yards of black satinet, worth 7l. 0s. 3d., my master, Edward Bolton's property—I had seen it about a quarter of an hour before the prisoners came in, and missed it a minute after they were gone—nobody else had been in.
Cross-examined by MR. PAYNE. Q. Was Williams standing at the door at the time? A. About three yards from it—not exactly at the door—when I looked round the shop first, Williams was as near as possible in the same place—he was not gone—he was moving, at the time I gave Young the
change out of the shop towards the door—his back was turned to me—he bad a coat or cloak with him—the piece that was lost was about half a yani long—it was a roll—he might have put it under his coat—they were in the shop, altogether, about five minutes—my attention was particularly called to Young—I did not see Williams again until he was in custody—J did not find anybody when I went out of the shop—I went out the instant I missed the satinet—Williams was not pointed out to me by the officer—I swear that—the prisoners were brought into a room—there were no other persons there—the officer asked me if I knew either of them—I pointed out Young as soon as I saw him—I was not sure about Williams at the time, because be bad had his whiskers shaved off—the person at my shop had whiskers—I can say he was the person at my shop, because he had a small pimple on his face—I could see that—he was not more than two yards from me—I did not see that pimple at first at the police office—I do not see it now—it was about the size of a pea—I first said that Williams was—the person, when he turned round to go back into the cell—I had not identified him at that time—I said I could not swear to him, and then I caught sight of the lump on the right side of his face.
Cross-examined by MR. PRENDEBOAST. Q. How was Young dressed? A. He had a dark frock coat—he had a dress coat when I saw him afterwards—there was no particular reason for my observing him—I told one of the Mary-le-bone policemen that he had a frock coat—I did not tell the colour, nor of the trowsers, or whether the waistcoat was light or dark—I had never seen him before that day—it was a fortnight before I saw him again—this satinet is four shillings and three halfpence a yard.
ELIZABETH ROBINS . I am in the service of Mr. Bolton. On the morning of the 17th of July, the shopman came into the house for change—I was in the parlour adjoining the shop—I saw Williams and another man, whom I did not notice, in the shop—after the shopman had gone out Williams walked down the shop near the parlour door, turned round by the end of the counter, and took a parcel covered with white paper from the shelf—I could not perceive what it was—he put it under a coat or cloak that was hanging on his arm, went to the middle of the shop, and walked towards the door—the shopman came down—I met him on the stairs, and told him what I had seen.
Cross-examined by MR. PAYNE. Q. When you first saw Williams In custody, did not you say you did not know either of them? A. Yes—but he turned his face another way—as soon as I saw his face I knew him—he had whiskers in the shop, but none at Bow-street—I know his face very well because he stared at me in such a particular manner—there was nothing particular about him, but I am sure he is the man—I was not in the shop—I was about two yards from the parlour door—he came down the shop—I thought he was coming into the parlour.
WILLIAMS— GUILTY . Aged 23.
YOUNG— GUILTY . Aged 30.
Confined Nine Months more.
Third Jury, before Mr. Recorder.
EDWARD PERREN . I am a coachsmith, I live at No. 2, Little Grove-street, Lisson-grove. The prisoner worked for me as a bricklayer's labourer, at Nos. 3, 4, and 5, in Grove-street—on the 18th of July I put some copper cans behind some tubs in No. 5—the prisoner came to work the following morning, and I missed them at eight o'clock—I immediately discharged him, and another man—he had only worked for me one day.
JOSEPH BALDWIN . I am a horsekeeper, and live in the Edgeware-road. On Tuesday, the 18th of July, at eleven o'clock at night, I was in Little Grove-street, and saw the prisoner with a copper can in his hand—it would hold about three gallons—he was coming in a direction from Mr. Perren's—I asked where he was going—he made no answer, but went on.
Cross-examined. Q. Was it dark? A. Yes—I had seen him at work the day before for Mr. Perren—I could see the can answered the description of Mr. Perren's—I was quite close to him.
MARGARET EDWARDS . My husband is a rag-merchant, and keeps a marine-store shop in Harrow-street, Lisson-grove. At nine o'clock on Tuesday night, the 18th of July, the prisoner brought a can and offered it for sale—I asked where he got it—he said they were cleaning out some sewers and found it—I asked his name and address—he said John Shand, 3, Lisson-street—I gave him 2s. 9d. for the can—it is worth nothing but as old copper—it is knocked about—the iron handle was on it—my husband was out—next day it was to be sold, and the handle was knocked off—the policeman came next day, and my husband produced it.
Cross-examined. Q. Did you hear the prosecutor say it was worth 20s.? A. He said so at the police-office, but it was knocked about in this way when it came to me—I never saw the prisoner before—we cannot sell the iron handle with copper—we don't buy all sorts of things—I have been here once for refusing to buy.
JOHN MURRAY (policeman D 46.) On the 19th of July I took the prisoner in charge—I asked if he knew what for—he said he partly guessed it was for some things missing from Mr. Perren's, but he knew nothing of them—next day I went to Mr. Edwards—he produced the can.
Cross-examined. Q. Where was it? A. In the shop, in this state.
EDWARD PERREN re-examined. I am positive this is my can—I made it myself—the three cost upwards of 4l.—it has been knocked about with a pick-axe—16d. a pound is the price of old copper—marine-store dealers give 6d.
Cross-examined. Q. How do you know it? A. I made the iron handle myself—there are not three cans in London like them.
GUILTY . Aged 20.— Transported for Seven Years.
2267. HANNAH MARTIN and ALFRED SAUNDERSON were indicted for stealing, on the 18th of May, 2 blankets, value 20s.; 1 sheet, 3s.; 4 curtains, 6s.; 1 bolster, 6s.; 2 pillows, 5s.; 2 pillow-cases, 2s.; 1 hearthrug, 8s.; 3 decanters, 14s.; 2 goblets, 3s.; 1 painting and frame, 4s.; 1 coalscuttle, 7s.; 1 teapot, 4s.; 2 candlesticks, 2s. 6d.; 1 toast-stand, 2s. 6d.; 1 poker, 2s.; 1 shovel, 2s.; 1 pair of tongs, 2s.; 2 finger-plates, 2s. 6d.; and 1 sugar-basin, 3s.; the goods of Ann Seddon.
ANN SEDDON . I am a widow, and live in Provost-street, City-road. In the middle of May last Martin came to my house and engaged two rooms at 9s. a-week, furnished—she left half-a-crown deposit—she represented herself as married—she came on the Wednesday—Saunderson came next evening—they lived there a short time—he was not always there—she was—I cannot say exactly how long they lived together there—she left on the Friday morning, having been there three weeks and three days—(Saunderson went on the Thursday)—she went, and locked the rooms up—they did not give me notice—I did not know of their going—I found the doors locked—on the Tuesday morning I got them opened by an officer—I missed the articles stated, to the
amount of 5l.—when Saunderson went away on the Thursday, he said he was sorry he could not pay me then, as his employer was out of town, but he would pay me on the following day, but I never saw him till he was in custody.
Cross-examined by MR. BALLANTINE. Q. When did you first see Saunderson? A. I cannot say—I think he slept there quite as many as four or five nights—I do not think more—Martin said she was married, or I would not have allowed any man to come to my house—Martin came with her sister to take the apartments—the sister lived there a short time—she was there when Saunderson was there—I cannot tell what room she occupied then—there were two rooms—the sister went on the Saturday as Martin went on the Friday following—the sister was fetched to go to a situation.
HENRY WILLIAM DUBOIS (police-sergeant.) On the 13th of July I was called into Seddon's house—two rooms were pointed out to me—I found twenty duplicates in a drawer, wrapped in a piece of rag—on the 20th of July I took Martin into custody—I told her I wanted her for robbing an old lady—after a little while she said, "I am the person you are looking for, I pledged the property through distress"—she said she meant to restore it, and she had sent a letter for some money to have the property restored that very night—I took Saunderson on the following morning, and told him I wanted him for a robbery at the old lady's—he did not say anything.
Cross-examined. Q. What were the words you said to him? A. "You are my prisoner, and I shall keep you now"—I took him at his father and mother's house—I told him that Hannah wanted to see him, to take some message, I believed, to a person named Barnes—I mentioned that at his father's house on purpose to see him—I had been there several times, and could not see him, and made this excuse—when I got him out I said nothing to him till I got him to the station—I then told him I should keep him there for assisting Hannah with the robbery at the old lady's premises—I am sure I mentioned the name of the woman—he made no answer—I did not hear him speak—several persons were present.
PETER HENRY PIGEON . I am shopman to Mr. C. Smith, pawnbroker, of Bath-street, City-road. I produce a coal-scuttle, hearth-rug, shirt, two candlesticks, blanket, bolster, two gimlets, tea-pot, decanter, poker, and fire-brass, pawned with me by Martin—I believe her sister was with her sometimes, but pawned nothing—the prosecutrix has claimed them all—most of the addresses on the duplicates are different—none of them have been redeemed and pawned again, that I know of; they might have been—here are duplicates corresponding with mine, produced by the officer.
ANN SEDDON re-examined. Saunderson was at my house four or five nights, not more—he must have known of the things going—I never went into the room while he was there, till I went with the officer—he was there at meals, and slept there—he must have missed the things, I think—they were taken out of the house before the Wednesday, at the time he promised to pay the rent—I had delivered none of them into his charge.
ALICE ROBINSON . I live in Bateman's-row, Shoreditch; the female prisoner is my sister; Saunderson lived with her, and I with them for a short time. One Wednesday I saw Saunderson take a blanket off the bed, put it into his bag, and take it down stairs—they went out together with it—I think it was the first week they occupied the place.
Cross-examined. Q. Have you ever pawned anything? A. Yes—my sister sent me to pawn a table-cloth, snuffer-tray, toast-rack, pillow, and decanter; some in the first week, some in the second—she was there when I took them, and only her—I gain my livelihood by service—I am stopping
with my cousin at Bateman's-row—I have never said I was determined the man should go to prison with my sister, nor anything of the kind—I have said I believed my sister would have to go; I did not say the man should go too—I thought he ought to go as well—Mr. Dubois came to me, and asked what I knew—he showed me a duplicate—he asked me if I remembered some time or other Saunderson had taken a blanket—he told me I was in rather an awkward position for pawning the things; that I might be tried and convicted—he told me to speak the truth, and say what I knew about it—that was after he showed me the duplicate—I believe my sister took it of, and then they went off together—he was in the room at the time she took it off the bed.
MRS. SEDDON re-examined. Eight shillings of the rent was paid by Martin—Saunderson was not there then.
MARTIN— GUILTY . Aged 25.— Confined Six Months.
SAUNDERSON— NOT GUILTY .
2268. TAMAR WEBSTER was indicted for stealing, on the 27th of July, 1 jacket, value 15s.; 1 waistcoat, 5s.; and 1 handkerchief, 2s.; the goods of Isaac Wilson: and JOHN WILLIAM BAYS , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. HORRY conducted the Prosecution.
ISAAC WILSON . I am a mariner, and live in Ratcliff-highway. I came home from Van Diemen's Land on the 26th of July—I met the prisoner in a public-house in Ratcliff-highway—we had something to drink—I went home and passed the night with her—next morning, on getting up, I missed my jacket, waistcoat, and silk handkerchief—I asked her where they had gone to—she said she had put them down stairs—I said, "Go and fetch them up"—she said, "I put them in a drawer; wait till mistress comes home, and I will get them up stairs"—I sat down and waited a long time—she stopped in the room—I said, "I have stopped long enough, go and fetch them now, I want to go home"—she went down stairs—a constable came into the room—she did not bring the things—I saw them at the station—the prisoner was in the room when the policeman came—I gave the prisoner 5s. at night, and 6d. to fetch drink next morning—if she said I gave her nothing, it is not true.
Prisoner. He gave me the clothes to take in charge till morning, as he had no money. Witness. I did not.
WILLIAM RANCE (police-constable K 124.) Between seven and eight o'clock on the morning of the 27th, the prisoner Bays came out of Palmer's-folly, in a direction from where the prosecutor slept, with a bundle under his arm—he went into a pawnbroker's with it—in a few minutes he came out with the same bundle under his arm—I went and asked what he had got there—he said a coat, waistcoat, and silk handkerchief, which a girl gave him to pawn—he told me who and where she was—I took him to the station, came back to No. 2, Bluegate-fields, and found Webster—I asked her if she had any lodgers in the place—she said a young man was stopping with her—I asked to see him—she said I should not go up stairs without a search warrant—I said I should—I went up—she followed me—the prosecutor was sitting in his shirt smoking a cigar—he said he had lost a jacket, waistcoat, and handkerchief—Webster then asked him what she was to do for the bed money—I took them both to the station—he claimed the jacket and waistcoat—she said he had not given her a farthing—he said he had given her 5s.—when first went up she asked me if I had come about a pledge, and laughed—she did not say in the room that he had authorized her to pawn them—this was a quarter of an hour after I stopped Bays—he only went to one pawnbroker's
with them, and was going in a direction back to the lodging when I took him.
Bays. I was going back to deliver my message.
WEBSTER— GUILTY . Aged 24.— Confined Nine Months.
BAYS— NOT GUILTY .
2269. JEREMIAH WAYLAN and JAMES MORGAN were indicted for stealing, on the 26th of July, 9lbs. weight of bread, value 9d.; the goods of Charlotte Isaacs, and that Morgan had been before convicted of felony.
GEORGE ROGERS (police-constable D 71.) On the 26th of July, I was on duty in Weymouth-street—I saw Morgan lying down by the side of the area railing, of No. 18, which is a private house—I watched him—I saw Waylan come up the area steps, and give Morgan something through the railing—Morgan turned and went away—Waylan got over the railing and joined him—they walked off together—I followed close after them up a Mews—I knew where they slept, and where they resorted—they went up into a place called Grotto-passage—Waylan opened a door that led down the kitchen stairs—Morgan gave Waylan the bread, and ran up the first floor staircase—I immediately turned my lamp on both, ran up the stairs and fetched Morgan down—he said, "I have done nothing"—I said to Waylan, "Where did you get the bread?"—he flung the bread down the stairs—he said, "I picked it up by the side of a post in Weymouth-street"—I took them both to the station—I produce the bread.
CHARLOTTE ISAACS . I live in Weymouth-street, Marylebone. On the 26th of July, between ten and eleven o'clock, the bread was safe in the larder in the front area, which was merely fastened by a button—the area door was fastened—between twelve and one o'clock, I was called up by Rogen—I missed bread, butter, meat, pudding, and several things from the larder—I think I had this sized loaf, and pieces of bread—I cannot swear to it—I had, several little loaves of white bread—my larder was stocked with bread of that appearance over night—there was no bread left when I got up—the man servant, lady's maid, and my own servant use the larder—this bread belongs to me.
WAYLAN— GUILTY. Aged 16.—Recommended to mercy .— Confined Six Months.
MORGAN— GUILTY . Aged 13.— Transported for Seven Years.
OLD COURT.—Monday, August 28, 1843.
First Jury, before Edward Bullock, Esq.
GUILTY. Aged 26.— Judgment Respited.
2271. HENRY KILMAN, alias Henry Ward , was indicted for stealing, on the 23rd of Aug., 1 bag, value 6d.; 30lbs. weight of coffee, 18d.; the goods of John Baylis, and that he had been before convicted of felony; to which he pleaded
GUILTY .— Confined Twelve Months.
GUILTY .— Confined Fourteen Days.
JOHN WHITELEY . I am assistant to my brother Samuel Walker who keeps the Cock and Neptune, in Ratcliff-highway. On the 25th of April I the prisoner came to board and lodge there, and agreed to pay 16s. a week—he staid seventeen weeks, and his account was 21l. 8s. altogether—on the 2lst, he told me he was going off in the brig Chance, Captain Harris, and gave me these two notes—he said one was a two months' advance note for 9l., payable two days after the ship left Gravesend, and the other for 2l. a month, payable three months after date, and to be continued after the voyage was over—he said they were what the Captain had given him in part of his wages—he wished me to advance him 30s.—I did so on the credit of the notes—next morning the prisoner took his things away, and took them to the Blackwall Railway office—he said he was going down to the ship—in consequence of some suspicion, I went down to Captain Harris, to the West India Dock, on Thursday morning, and showed him the notes—I got an officer, and the prisoner was given into custody.
Prisoner. On Saturday three weeks I was in your cabin having a glass of spirits and water together; you said you were going to pay your mate off when the ship was going away, and if I went with you to the West Indies, times might be better when I got back. Witness. It is false; he was in my cabin, but I did not tell him that.
GEORGE CROWTHER (City policeman.) I took the prisoner into custody. I found on him this pocket-book, in which is written the name of the broker, in his own hand-writing, which accords with that on the notes—(the notes were here read.)
Prisoner's Defence. The captain told me he should discharge his mate when the vessel was ready to sail; I called at the ship, and left these two printed forms on the cabin table, to be filled up. On the Monday I called alongside the ship; the mate told me the captain had not been. I went to the dock, and did not come back till half-past two o'clock. I asked the mate if the captain was there; he said no, he had been and had gone; but he said, "Here is something for you," and he handed me these two notes.
ALEXANDER WATT . I am mate of the brig Chance. I cannot say whether the prisoner came on board on Monday, he was there so many days—he has often been there, waiting for the captain, and on the captain's coming, I have observed him turn his back, and walk off—I never gave him these notes—I know the captain's handwriting, and can swear this is not his.
Prisoner. Either the mate or the captain have perjured themselves. I received these two notes from the mate's hand. Witness. I never gave him any paper, or anything.
J. WHITELEY re-examined. I have seen the prisoner's hand-writing—he backed these notes—the filling up of the notes is very much like his writing.
GUILTY . Aged 35.— Transported for Seven Years.
Before Mr. Baron Rolfe.
GUILTY.— Judgment Respited.
2275. SAMUEL SIDNEY SMITH was indicted for feloniously forging and uttering a bill of exchange for the payment of 150l., with intent to defraud Lyon Samuel; against the Statute, &c.—6 other COUNTS, calling the instrument a promissory-note,—an order for the payment of money,—and a warrant for the payment of money, with a like intent.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
LYON SAMUEL . I live at 13, Bury-street, St. Mary Axe, I am a silver-smith and jeweller, and occasionally discount bills. On the 8th or 9th of March, the prisoner came to me, and brought a bill—I believe it was the 9th of March—he brought this bill with him, and stated that he wished it to be discounted—he said it was the bill of Henry Bush, of Bristol, a most respectable merchant in that city—he mentioned Baldwin-street, or some such street—he said one of the partners was in the town-council of Bristol—I then asked him who had recommended him to me—he said his solicitors, Ford and Savage, of Henrietta-street, Covent-garden, who are persons I know very well—I asked him to leave me the bill, to make inquiry—he said, "I will tell you something, Mr. Samuel; if you like, I will take a cab, and accompany you to Ford and Savage, to satisfy you what I have said is right"—this I think was between eleven and twelve o'clock in the morning—I went with him up to Henrietta-street—we both went in—the clerks said neither of the partners was there—the prisoner said, "It is rather unfortunate; I want the money, as I have bought a lot of cabinets; will it do if I bring you a letter from Ford and Savage, to save you the trouble of calling again"—I said, "Yes, perfectly so," and we parted—he took the bill with him—in the afternoon I received this letter and bill from Ellis, my clerk—the prisoner came next day, and asked me if I had read the letter—I had the letter and bill in my hand—I said my clerk had read it to me, as I could not read English—I asked him why Mr. Ford's name was not to the letter—he said Mr. Ford was not at home, and he thought one of the partners would do—(letter read—"9th March, 1843. Mr. Savage presents his compliments to Mr. Samuel, and begs to recommend Mr. Smith, of 25, Hyde-street, Bloomsbury-square, who he believes to be a most honourable and respectable man, for the purpose of obtaining discounts")—I said I would give him a 100l. check—I could not write, but would sign my name—he wrote the check himself, and I signed my name—this is the check, which has been returned by my bankers—I gave him this on account of the bill—(this check was dated 10th of March for 100l. on the Union Bank of London, payable to Mr. Smith)—he said he would call on me next day—we had no further conversation then—he came next day, I believe, and I gave him this other check for 40l.—my clerk has written this—it has been returned by my bankers—(this cheque was dated 12th March, payable to Mr. Smith)—I gave him this on account of the bill, to discount it—he said when the bill became due he would buy a watch of me, and we were to settle the remaining 10l. he did not say anything more, on my giving him the 40l., about the drawers of the bill—I was satisfied everything was right, and did not ask him—the bill was returned dishonoured when it became due.
Cross-examined by MR. BALLANTINE. Q. Do you mean to represent that you were to give the prisoner a watch at the time the bill became due? A. He was to buy a gold watch of me, and to give me the difference—he asked what it would come to—I said about 18l.—I should have done the bill for about four per cent.—I am not a regular discounter of bills—I am known as a jeweller—I discount bills occasionally—I take a great many in my business—I may take two to three a week, in the way of discount, sometimes none at all—I first saw the prisoner on the subject of the bill, I believe, on the day that letter is written, I believe, on the 9th—I will swear I did not see him
ten days before—I had received no communication about the bill, before the 9th—I never knew the prisoner before in my life—the bill was not in my possession before the 9th or 10th, and, to my knowledge, it was not in my clerk's possession—I received no communication about the bill from my clerk previous to the 9th—I made no inquiry at Bristol about the bill previously to discounting it, as the parties are known as well as Robarts and Curtis, or the Bank of England—I made no inquiry by letter, or at all, nor sent to Bristol, nor authorized anybody to send.
COURT. Q. Where did you inquire then? A. There happened to be a man named Isaacs, of Bristol—I inquired of him, in London.
MR. BALLANTINE. When did you inquire of him? A. The same day when the bill was brought, before I went to Savage—when I first saw the prisoner he wanted to give me reference to other parties—I said I should be satisfied with Savage and Ford.
Q. Did he not give you the name of another Savage, in Elm-court, Temple? A. God bless you, certainly not, not more than he did your name—no clerk nor barrister was mentioned—my clerk was with me on the 9th of March, when he told me to go with him to Ford and Savage—I did not go to Bristol, nor, send there—I never was there—I believe my clerk went there once, to prove a handwriting, but not about this.
JOSEPH ELLIS . I am clerk to Mr. Samuel. I remember on the 9th of March seeing the prisoner at my master's, or the day before, I am not certain which—I was there the first day he applied about the bill—he gave me this letter some few days after his first calling—I had a talk with him the first time he came to our place, and he called on two or three occasions before he brought the bill—he saw me some days before he saw Mr. Samuel, and he produced the bill to me—he was an entire stranger to me till then—he said Henry Bush and Co., were respectable merchants, of Marsh-street, or Baldwin-street, Bristol—when he brought me the letter he told me he brought it from Mr. Savage, of Henrietta-street, Covent-garden—there are such names as Ford and Savage, attornies, in Henrietta-street—he said they were solicitors to him, Mr. Savage was his solicitor.
Q. Had you made inquiry, between first seeing the bill and getting the letter from him, as to who Henry Bush and Co., of Bristol, were? A. I had done so, by order of Mr. Samuel to make inquiry respecting them—I heard they were respectable merchants—the prisoner brought the letter some few days after I had first seen him, and after he had had an interview with Mr. Samuel—he brought it a day or two after he went in the cab with Mr. Samuel—prior to the letter being brought, I told the prisoner the information I had got was, that Bush's was a very respectable firm, and Mr. Bush was one of the respectable town-councillors of Bristol, and he said those were the parties who had accepted the bill—when he brought the bill he said he was residing at No. 25, Hyde-street, Bloomsbury; that he had got a large cabinet factory, and it was for cabinet orders he had got that bill—I drew the 40l., check myself, and gave him.
Cross-examined. Q. As near as you can recollect, when was the first day you saw that bill? A. I believe it was on the second occasion that the prisoner called at the office—it might be the latter end of February, or the beginning of March—I should not discount a bill without application to my master—I told him a person had called and wanted a bill done—I told him so perhaps the next morning after he called—I told him there was a bill of 150l. offered for discount.
Q. Did you tell him by whom it was drawn? A. I did not take any notice, nor make inquiry of the prisoner on the first occasion—when he first applied, I mentioned to my master that a person had called—I saw the prisoner with the bill, it might be, a day or two after—that might be the beginning of
March—I then noticed, and saw who were the drawers—the bill was given to me by my master to read for him—I looked at it by his direction.
Q. He knew you were to meet the person about it? A. No, I had told him he was to call again—I did not take any memorandum or copy of the bill till he saw Mr. Samuel—I took the bill, and he saw Samuel some four or five days before it was discounted—it might be two or three days between my taking the bill and it being discounted.
COURT. Q. Two or three days from the time he first came, till it was discounted?
A. Yes, the bill was given to me to make enquiry about the firm, and it might be in my possession four or five days—it might be two, or three, or four days.
MR. BALLANTINE. Q. Was it by desire of Mr. Samuel you took possession of the bill to make inquiry about the firm and the prisoner? A. Yes—I should not think it was seven days before it was discounted—I will swear it was not six—I do not recollect the day, because I took no memorandum of the time—I saw the bill once or twice previous to getting possession of it—I had it is my possession a day or two to make inquiry—it was the second day that I saw the prisoner that I saw the bill and took notice of what it was—I had orders to take notice—I merely looked at it before I saw Mr. Smith—I did not take particular notice—I noticed it was Bush and Co.—I caanot tell exactly the day the prisoner had the first interview with Mr. Samuel—it might be, and I have no doubt it was, the Friday before the week the bill was discounted—Mr. Samuel had seen him once or twice before the Friday the bill was discounted—it was discounted on the 11th of 12th of March—I think it was on a Monday it was discounted.
COURT. Q. What do you mean by being discounted? A. When the money was given; I mean the last amount.
MR. BALLANTINE. Q. When you had the bill to inquire about, did you send down to Bristol? A. No, the prisoner did not mention a Mr. Solomon to me, nor Mr. Savage of the Temple, a brother to Savage, of Henrietts-street—I never went to the Temple to make inquiry—I called on Mr. Ford, in Henrietta-street, after the bill became due—I did not go to Hyde-street, Bloomsbury, nor call on Mr. Savage—I never saw the prisoner before.
Q. It was you mentioned that Mr. Bush was a member of the town council of Bristol; that was the result of inquiry you made on the Subject? A. I did so—I inquired in London of parties who formerly lived at Bristol. Q. Had not you communicated the name of this person, and the nature of the bill, at least twelve days before it was cashed, to Mr. Samuel? A. Certainly not—the time I communicated about the inquiries I had made was when the prisoner and Mr. Samuel were present—it was not ten days before, that I was desired to inquire—I should think two or three days before.
MR. BODKIN. Q. How many times in all did you see the prisoner at Mr. Samuel's house? A. Four or five times, or half a dozen it might be—I will say half a dozen—he came twice before he saw Mr. Samuel—he brought the bill and showed it to me on the second occasion—I did not have it in my possession till he saw Mr. Samuel—I had merely looked at it—I did not communicate the nature or contents of the bill to Mr. Samuel till he saw it—I drew the 40l. check—it is dated the 12th of March—I might have made a mistake in the date—it was not given on Sunday—Mr. Samuel was not at home when he brought the letter from Savage—there was perhaps a day between his bringing the letter and the bill being discounted—I made no inquiry about the bill after the letter was brought.
COURT. Q. You say a day perhaps; do you mean between the bringing the letter and the first payment there was a day? A. A day between.
in the same place—I know the prisoner, but really do not know what he is—I understood him as having a patent for propelling vessels by other means than steam—I never knew him as a cabinet-maker in a large factory—in the early part of this year he applied to me—I think it was about March—he asked me if I would ask Mr. Ford to discount a bill for him—I think the amount was between 100l. and 200l.—I told him it was quite useless, for Mr. Ford would not do it—I think he said he had a party who would do it for him afterwards, and he asked if he might refer to me—I told him he had better not refer to me, I did not know enough of him—this note is not my writing, nor written by my authority or knowledge in any way.
cross-examined. Q. Have you seen this note before? A. Yes—there is an erasure here which I did not perceive when I first saw it—if there had been, I do not know whether I should have noticed it—I was much annoyed when it was brought to me—I know there is a Mr. Savage, a clerk to Mr. Serjeant Scriven, of the Temple—I recollect him fifteen years ago—he is not related to me—I lodged at a house which he kept fifteen years ago—I don't think I ever saw him write—I date my notes "8, Henrietta-street, Covent-garden"—I always write the address at the top—there is more than one Henrietta-street in London—Mr. Samuel first showed me the note—I did not notice whether there was any address on it—I think it was shown me in the state it is now in—it appears to me in the same state—I think he showed it to me on the 2nd or 3rd of June—I saw Savage, of the Temple, produced before the magistrate.
MR. BODKIN. Q. Did you see the note before the prisoner was taken up? A. Yes.
JAMES BUSH . I am one of the firm of Bush and Co., of Baldwin-street, I Bristol. Mr. Henry Bush was a member of the Town Council, but is not so now—our house has been established a considerable time—I have no knowledge whatever of this bill—it is not the acceptance of our firm, or any member of it—I believe it was shown to me on a Sunday, the latter end of February, by a Mr. Palmer, a partner in Bailey's bank, at Bristol, to ask if it was our bill—it was a bill of this amount—I cannot say this is the bill, but I believe it is the same writing.
Cross-examined. Q. Do you know that there is another party in Bristol of the name of Henry Bush? A. There are many Henry Bush's—there is no firm called Henry Bush and Co. but our's—there is Henry Bush, a cousin of mine, who is my partner, and I have a brother of that name, and another cousin who is a solicitor—whether there are others I will not undertake to say—my partners were Henry Bush, my cousin, and George Bush—we dissolved partnership at the end of March.
Q. Have you yourself frequently received letters directed to Henry Bush, which did not turn out to be intended for you? A. I have no recollection of it but in one instance—I don't know that it was directed to me by mistake—I merely replied to it and kept the letter—I believe the solicitor for the prosecution has it—I gave it to him—I received a letter from a Mr. Smith after that, and afterwards received another letter—I did not send it to another Mr. Bush, at Bristol.
M'CLELAN (police-inspector.) I took the prisoner on this charge on the 28th of June, in Great Ormond-street, Bloomsbury, in the street,
The following is a copy of the forged instrument:
"£150. Bristol, 17th February, 1843.
"Three months after date pay to the order of Mr. Smith the sum of one hundred and fifty pounds, for value received, as advised by the Bristol Old Bank. "HENRY BUSH and Comp.
"At Messrs. Prescott, Grote, and Co., Bankers, London."
Endorsed, "S. S. Smith."
MR. BALLANTINE called
HENRY BUSH . I live at Stoat's-hill, near Bristol, sometimes—it is four miles from the town of Bristol. I know the prisoner—I have had dealings with him—I have carried on business at Bristol, in the corn trade—at that time it was in the name of Henry Bush—since then a relation has joined me in carrying on business.
Q. What do you mean by "at that time?" A. Some years ago—in Feb. last I was carrying on business in the name of Henry Bush and Co.
Q. Look at this bill, and tell us who is the drawer of that? A. I am the drawer of that bill—I have frequently drawn bills before—I rather think I drew more bills than this, in February.
COURT. Q. Do you mean you have frequently drawn bills in the name of Henry Bush and Co.? A. I have, dated from Bristol.
MR. BALLANTINE. Q. Where have you been in the habit of paying bills, have you made them payable in London? A. Yes, at Robarts's one was paid—I know Prescott and Grote's—I believe I have not paid any money in to Grote's and Prescott to meet bills—the words "payable at Grote and Company, &c." on this bill is my hand-writing—the whole bill is my writing—I know there is such a firm as Bailey, bankers, at Bristol—it is called the Bristol Old Bank—I have not paid money through the Bristol Old Bank to take up bills in London, very lately—I sent this bill up to the prisoner—I have known him about two years—I expect he knew of my carrying on business there as a corn-merchant—I am a general dealer at present—this (looking at it) is the letter that I sent the bill up with—I have seen the prisoner in London—my acquaintance with him has been more in London than Bristol—I dare say he had the opportunity of knowing there are other firms of my name in Bristol—I cannot say I have not seen him at Bristol—when I sent the bill up to him I sent no communication with it, except that letter—I had had goods from him.
Q. Was the bill in payment of goods, or was it to be discounted for your accommodation? A. I had had part goods for it, before I sent the bill, to the amount of, it may be more than 100l.—I believe it was—I am not related to the other Bush's.
Cross-examined by MR. CLARKSON. Q. You are in the corn trade? A. I have been—I am a general dealer at present—I have no warehouse—I buy and sell—I have no shop or counting-house—I do not keep an account at any banker's—I have had dealings with a good many people in the general line, besides the prisoner.
Q. Tell us some; take care, and tell the truth? A. I believe that has nothing to do with the present question—I have come to prove my handwriting—I do not recollect—what goods I had for the bill has nothing to do with the present question—am I to answer the question, my Lord?
COURT. No doubt.
MR. CLARKSON. Q. What was the 100l. worth of goods you had? A. I had some bacon—I do not know from whom it came—I sold the bacon—I cannot answer to whom exactly, at present—the transaction was in Feb.—I cannot say the exact quantity of bacon I had—by what hands I got it, I believe, has nothing to do with the present question—it was sent to me in the usual way, in carts or wagons, I suppose—it was delivered to me at different places—I cannot recollect one—nor the name of any person I sold any of it to—I do not recollect—I keep a memorandum-book sometimes—I did not enter the bacon in the book.
Q. Where had you the bacon? tell the Jury any spot where you will pledge your oath that you was in possession of it? A. I do not recollect—there was an invoice, I believe—I had no invoice—the prisoner lodged in Hackney-road when I knew him—I believe he has lodged in other places—I
have seen him in Ormond-street—I never saw him in Whitecross-street prison or the Fleet—I saw him in the King's Bench—I do not know how long ago—I suppose he has been out seven or eight months—I cannot exactly say how long he was out before I sent the bill up to him—the bacon was sent to me—I was charged for it—I was in London when I bought it—I cannot say exactly where the agreement was made—I met the prisoner in the street, and made an arrangement about the goods—no mention of bacon had been made before, that I know of.
Q. Be cautious how you answer my question; did you ever allege or represent, either in writing or by word of mouth, that you lived in Bell-yard, Fleet-street? A. No.
Q. Did you ever (handing him a paper) by word of mouth direct a sham invoice to be sent to you from London? A. No—this letter is my writing—I have been many times at No. 11, Bell-yard, Fleet-street—I never lived there—a person named Hawker lived there—he is a tailor—I do not lodge there when in town.
Q. Now you have read the whole of the letter, how came you to address this letter from No. 11, Bell-yard, Fleet-street? A. I wished a letter to be sent to me there in return—I addressed the letter to Mr. Lorymer, who is a corn-dealer and starch-manufacturer—it is dated the 23rd of Feb.—I was then in the general way—I cannot recollect what business I did in Feb. or March, April, May, or June—I have not been almost shoeless and without 1s. for the last month—I have been living by what I could get—I have earned my living—I have not been turned out of Stoat's-hill—I have not slept there for some years—I was never turned out and beaten for coming there—I have been discharged under the Insolvent Act, and been a bankrupt, a good many years ago—I was in gaol for two years, about nine years ago—that was not for defrauding the Excise, but on the Insolvent Act—I have been in prison for defrauding the Excise, but not for many years—it was not for two years—it was for two months—I was about getting a gentleman to join me in business in the grain line—it was my brother—he is at Malta—he went there six or eight months ago—I wished Mr. Lorymer to send to the Post-office, and receive any letter for me that was addressed to Henry Bush and Co.
Q. Look at this, is this the letter you wished him to receive? A. This is an invoice—I expected some letter—this is the invoice of the bacon—I believe this letter is the prisoner's writing—Mr. Lorymer sent me a letter back—he refused to return any letter.
Q. You state here that you shall have some communication with the south of Ireland, what communication did you expect from the south of Ireland, from a gentleman at Malta? A. I expected something in the grain-trade, perhaps wheat or barley—I was living at No. 42, New Compton-street, on the 23rd of Feb.—my landlord's name was Bailey—I always sleep there—I pay 3s. 6d. a week—6d. a night.
Letter read—"11, Bell-yard, Fleet-street, London, 23rd Feb. 1843.—Dear Sir, as I am about to join a gentleman here, who will station me in Bristol, in the grain and provision trade, I shall feel particularly obliged if you will go or send to the Post-office, and receive any letters addressed to Henry Bush and Co.; and as we shall have communication with the south of Ireland, we may render you some assistance in your trade; and when I arrive in Bristol, which I expect will be in the course of a few days, I shall call upon you, and thank you for the obligation. Please to remember me to your father, Mr. James Lorymer.—I remain yours, very truly, HENRY BUSH.
"You will likewise confer a favour upon me, by posting the enclosed letter, as it will be necessary to do so, to carry out the measure now in operation.—H. B.
"To Mr. Samuel Lorymer, Starch-manufacturer, Bristol."
The enclosed letter was as follows: "London, Feb. 27th, 1843.—25, Hyde-street, Bloomsbury. "Messrs. Bush and Co.—Bought of S. S. Smith,
Tons. cwt. lbs.
1 1 11 best hams at 71s. £74 17 0
2 0 25 best bacon, at 54s. 6d. 108 13 6
£183 10 6
"Gentlemen,—Agreeable to your order, the above will be delivered as directed. I hope it will be approved, and merit future favours. I have credited your account for your draft of 150l.; the balance will oblige at your convenience. I am, gentlemen, your obedient servant, S. S. SMITH."
Addressed "Messrs. Henry Bush and Co., provision-merchants, Bristol."
MR. CLARKSON HENRY BUSH . Q. Where were you living last week? A. I have been in Bristol and in London—when in town I lived in Compton-street—I was living in Compton-street last Monday and last night—I think I was out of town last Wednesday, and I believe I was there some part of Thursday—I was in the neighbourhood of London, and on Friday also, and Saturday—I have seen the prisoner since he was committed for trial, at the Compter—I saw him there last, I suppose, five or six weeks since—I have seen him since he has been in Newgate, one day last week—I cannot say exactly what day, perhaps it was on the 23rd—I did not see him on Saturday or Friday—I think it was on Thursday, the visiting day—I might have been half an hour with him—I swear I did not see him Friday or Saturday—I was in the neighbourhood of London on Friday and Saturday, in different parts—I went into the country on Saturday a little way, in the neighbourhood of Paddington—I had no particular business there—I might as well go there as any where—I went near the Western railway—I had no particular business—I stopped there till evening—I did not tell Smith I would go to Paddington to be out of the way—he did not know I was going—I did not know I was wanted as a witness on Friday—I thought I might be wanted on Saturday—Smith did not tell me I should be wanted—he took me before the magistrate as a witness—I saw him between one and two on Thursday—I did not know any thing about his making an affidavit, that I was absent—I will swear I did not see him on Wednesday or Tuesday—whether I saw him on Monday I won't be certain, I don't think I went to Newgate on Monday to see him—I will not swear it—Thursday was the only day last week that I saw him, to the best of my recollection.
MR. BALLANTINE. Q. Do you recollect whether you saw him at all in the week, before Thursday? A. I cannot say—I did not see him on Wednesday—I did not leave word where I was gone to.
COURT. Q. Before the last week had you any communication with him—did he know where you lived? A. He knew where I lived when I was in town.
Q. Pray, this invoice of the bacon, when did you receive that? A. Oh, I received it some time ago—I cannot exactly say what day—a few days after it bears date—it is directed to Bristol—I never received it—I had a partner when I signed the bill. Henry Bush and Co.—my brother at Malta was my partner—he had agreed to be my partner some time ago—I have drawn several bills with that name, and paid them.
Q. You say you had part of the bill in bacon, how was the balance to be settled? A. It was not arranged—I did not have the whole 150l.—I remitted the bill from Bristol—I had business there—I am frequently down there.
MR. CLARKSON put in an affidavit made by the prisoner, dated the 23rd of August, in which he stated, that Wm. Chamberlain, now at Worcester, was a material witness in his behalf, to prove the hand-writing of Henry Bush and
Co.; and that Henry Bush was absent from town, and could not possibly arrice before Friday morning, to give evidence, as the drawer of the said note.
GUILTY. Aged 32.— Judgment Respited.
2276. GEORGE MORGAN was indicted for breaking and entering the dwelling-house of Daniel M'Alpine and another, on the 16th of August, at Allhallows, Bread-street, and stealing therein, 239 yards of satin, value 80l.; their property; to which he pleaded
GUILTY .— Confined Two Years.
Fourth Jury, before Mr. Recorder.
Prisoner. Q. Did I tell you it was mine? Witness. Yes.
Prisoner. Q. Did I borrow it of you? A. No, of the foreman; he had not one of his own, and asked me if I would lend you one—I said, "Yes," and I did; but you don't know how to use the tool—I don't believe you ever did use it.
Prisoner's Defence. I borrowed the tool to do a little job—I had a letter from St. Ives, and was engaged to go to work there, and having no money, I pledged the buzz to enable me to get down—I left word with my father to return it if it was asked for—I was at St. Ives fifteen days, and when I returned, was taken in custody—they never enquired at my father's, or they would have got it—I used the tool to do a small job for my father.
NOT GUILTY .
HENRY ROGERS . I am in the employ of John London. On the 10th of July the prisoner came to my master's shop, and asked to borrow a hammer for a few minutes, stating that he had a job to do for his father, who makes beer-stands, and hawks them about—I lent him one, and never saw it or him again till the 26th of July, when he was in custody—I went to where he said he was going to do the job, and no such man was known there, nor did any job want doing.
Prisoner. Q. Did not I tell your master that as soon as I had done with it I would return it to him? A. In a few minutes you said—you told me at the station you would go and get it—I did not say that it would pay me better to walk about here than to work hard for my master.
(Property produced and sworn to.)
Prisoner's Defence. I was distressed, and pledged both the tools together I did not borrow them intending to pledge them.
GUILTY . Aged 26.— Confined Three Months.
JOHN PARNWELL . I am a bargeman. On the 14th of August I had some boats lying along Mr. Ashley's wharf, at Isleworth—on Monday night, the 14th of August, between eleven and twelve o'clock, the prisoner came on board as I was in my bed place—he took my hat off the steerage, and walked off with it—I said, "Don't take that away, it belongs to me"—he took a hat off his head, and said, "Take this hat, if this belongs to you"—I said, "No, I only want what is my own"—he then pulled off in a boat with both hats.
Cross-examined by MR. HORRY. Q. Had he not a talk with you about a hat belonging to somebody named Beech? No—Beech came on board and said that somebody had got his hat—I have seen the prisoner several times sauntering about the barges, but not working—he came on board next morning, and abused me—he did not say that somebody else had got his hat, and he had got Beech's—I said nothing to him about Beech's hat—I did not give him into custody—he did not say that he had a hat of Beech's.
J. PARNWELL re-examined. I am sure the prisoner is the man that took my hat—I would have stopped him if I could have been up soon enough—I challenged him next day with taking my hat, and he said, "I have not taken your hat."
NOT GUILTY .
WILLIAM HOOPER . I am private watchman to Messrs. Cory and Son. I had used some warp on the barges at the wharf, at Lambeth on the 14th of August—the prisoner had some boats lying off there—about half-past nine o'clock that night he and three or four others came across my barges to get ashore—the prisoner asked me if the yard gate was unlocked, as he was going for some beer—I said it was, and he went—I afterwards heard them return, but did not see them—I then locked the gate—at three o'clock in the morning I missed the warp—I followed the prisoner's boats to Brentford, told the policeman, and met him in the street at Old Brentford, just before I got to the bridge, with the warp on his shoulder—he said he knew whose it was; he found it in the barge, covered over with hay, and he would be d—if he was not going to fetch it back again.
Cross-examined by MR. BALLANTINE. Q. Which way was he walking? A. Towards London—he was employed to work the barge—it is not usual to borrow a rope—I never lent or borrowed a warp—I never borrowed anything from Messrs. Gabriel's wharf, only such as I made right again—I have not taken things, and returned them without saying anything—I had seen the prisoner two or three times on the wharf—he never borrowed a warp, and returned it—I never lent any rope to any one.
JOHN SMITH (policeman.) Hooper applied to me at Brentford, and we met the prisoner at the foot of the bridge, about a hundred yards from where his boat was lying—when charged with stealing the warp, he said, "Yes, I know it is your warp; I was going to bring it home to you; we found it in the boat, hid under some hay," pointing towards his boat—he was hired to work the boat up—the prosecutor said, "This is the way you serve me for my kindness to you," and gave him into custody.
WILLIAM HOOPER re-examined. This warp was always kept locked up ashore, but I had only been using it about an hour before they came ashore, and I left it in the barge to use again—that was fifty or sixty yards from the
prisoner's barge, which was moored in the middle of the river—he rowed ashore in a small boat—the warp is used to sheer off a barge—I had accommodated the prisoner by allowing him to come through our yard—that would enable him to get at the warp.
RICHARD WHITEHOUSE . The prisoner helped to work my boats, which were moored off in the road—about ten o'clock on the night in question the prisoner took me on board in a skiff from Dawson's Wharf—he then went back to fetch a gallon of beer, and returned with it—I was in the cabin having my supper, and when I came out I saw him paying out a rope in the boat—I did not see any one helping him—it was very dark and foggy—the prisoner was close to me—we took off the boats at a quarter past twelve, and went to Brentford.
Cross-examined. Q. Have you not said that you saw the prisoner paying away the rope, and a man on board helping him? A. I did not see a man helping him—I swear that—I only saw the prisoner—this is my mark.—(The witness's deposition being read, stated, "I saw the prisoner paying away the rope on board, and a man on board was helping him. ")—There must have been another man to coil it down, but I did not see who it was—I did not go on shore with the prisoner for the beer—on my oath I did not receive the rope and put it under some hay afterwards—I did not know there was a rope on board—the prisoner went ashore at Brentford—he was not to join the barge again—the rope might have been used to navigate the barge for what I know—it was very dark and foggy—I was steering—the barge was towed with a rope—I cannot tell whether it was this rope—we are found in ropes and anchors.
MR. BALLANTINE called
HENRY WELLIN . I am a boat-master, and live at Stoke Friar, Worcestershire. I have known the prisoner five or six years—he has worked for me several times—it is usual for bargemen to borrow a rope from another bargeman, and return it again—I have often done so myself.
(The prisoner received a good character.)
GUILTY . Aged 46.— Confined Two Months.
OLD COURT.—Tuesday, August 28, 1843.
Second Jury, before Edward Bullock, Esq.
NOT GUILTY .
GUILTY . Aged 28.— Confined Twelve Months.
2283. BRIDGET SWEENEY was indicted for stealing, on the 13th of Aug., 1/2 a yard of silk, value 1s.; 1 handkerchief, 9d.; 1 penknife, 1s.; 6 magic-lantern glasses, 1s.; and 2 prints, 2s.; the goods of John Stainforth, her master.
JOHN STAINFORTH . I keep the Angel at Poplar. The prisoner was my servant for upwards of twelve months—I discharged her on Saturday week—she came on the Monday for her box—my wife and I went up stairs with her, examined her box, and found in it a piece of silk, a handkerchief, some pieces of glass belonging to the child's jack-o'-lantern, and several other
things—she said she had purchased the silk for 1s., she could not tell how she got the handkerchief, and said the glass she gave the child, who is not seven years old, a halfpenny for—the handkerchief had been lost six weeks—I saw the silk compared with a dress of my wife's, which is here—it was lost two months ago, previous to the dress being made up, from my wife's bed-room, to which the prisoner had access—I also lost two prints, of Moreland's, from the bar, behind some show-bottles—I had spoken to the prisoner about them, and she denied all knowledge of them—she said, "One morning George the man was down before me, and I saw him coming out of the bar, and the other two prints, that correspond with them, were down on the floor."
Cross-examined by MR. PAYNE. Q. Were you with Mrs. Stainforth when the silk was found? A. Yes—the prisoner said she bought it in the Commercial-road, for 1s.—it is worth 1s. or 18d.—she was discharged for impertinence to her mistress.
HENRY WOOD (policeman.) I was called, and went np stairs with Mr. and Mrs. Stainforth—Mrs. Stainforth handed me this piece of silk and the handkerchief—I did not see her take it from the box—the prisoner was there, and said she bought the silk in the Commercial-road, and she could not account how the handkerchief came into her box—she said she bought the glass of the little boy for a halfpenny—the prisoner told me her sister lived at the Wellington, in Well-street—I went there, and she gave me these two pictures.
NOT GUILTY .
Before Mr. Baron Rolfe.
2284. ANN LAVEY was indicted for feloniously uttering a forged endorsement to a bill of exchange for 1l. 5s., well knowing it to be forged, with intent to defraud Adolphus Brandt and another.—2nd COUNT, calling it an order.—3rd COUNT, calling it an acquittance and receipt.
MR. DOANE conducted the Prosecution.
THOMAS YATES . I am a seaman. In April last I was in High-street, Ratcliff, about seven o'clock in the morning, and saw the prisoner's husband at his shop—I do not recollect seeing the prisoner at the shop that morning—I afterwards went on board a vessel called the Marquis of Huntley, and worked on board four days—the prisoner paid me for my labour—after I had finished, I went to her shop to get paid—I got 2s. on account prior to that—the prisoner paid it me at her shop for the work I did on board the Marquis of Huntley—she promised to get me another ship, and on the 8th she sent me on board the William Brandt, Junior, by a waterman—she is a Russian ship—I agreed with the captain, and signed my articles in the usual manner—after signing the articles I returned with the waterman to the prisoner's shop—I asked her for a shilling, to go and release my clothes, which were at my lodging—I went and got them, came back, and got the balance, 2s., for my work on board the Marquis of Huntley—I then went on board the William Brandt—the captain ordered me to return that afternoon, and I was never out of her again till I got to Cronstadt—just as the ship got outside the dock, the boy that took me on board the Marquis of Huntley, who is a shopman of the prisoner's, brought some clothes on board—I did not buy any—he continued on board till we got down to Gravesend—he pressed me very much to take the clothes—I declined, as I could get them from the captain—I knew that, as I had asked the steward—the shop-boy said something about my advance note; in consequence of which, I told the captain about it—I can write and sign my name—I did not put my mark to this note—I never
put my mark in my life—I never saw this note till Sunday week, at eleven o'clock—I never authorised the prisoner, or any person in her shop, to put the mark—I had not bought any clothes of her before I went on board, or after.
Cross-examined by MR. CLARKSON. Q. What countryman are you? A. I was born in Dublin—I have been at sea since the 28th of July, 1821—I was three years at sea then, on board a merchantman, trading to the West Indies—I then left the sea, and went with my father, who was in the corn business in Dublin—I staid with him till he failed, in 1831, and then I came to London, and shipped on boad the Lady Nugent, to Bombay—I came home in 1832—I went out again in the same ship, and came home in 1833—I then went out to Sidney—I have not had a ship all the time—I was out of a ship from last December, at Shields, till I went on board the Marquis of Huntley—I have been out of a ship before, but I have always had a ship pretty regularly—I lived at the south side of Shields—I forget the woman's name I lodged with—she lived in Lower Thames-street—I came to London from Shields in December—I could not get any work from December to April—I was at the Destitute Sailors' Asylum part of the time—I was without money—I had clothes to cover me—I had no jacket—I was ragged.
Q. Did not you apply to Mr. Charles Lavey in April last, begging of him to get you a ship, stating that you were in a ragged and destitute condition, that you had no place to lodge in, and had been walking about the streets all night? A. I never told him I was walking about the streets all night—I did not tell him I would be obliged to him to get me a ship, that I was in a ragged, destitute condition, and had no place to lodge in—nothing of the sort passed—I was spoken to first by the prisoner's husband as I was walking past the shop—I was not walking past in rags and without shoes—I had shoes—I was not altogether in rags—my shirt was not torn—Charles Lavey did not send John Eels on board the Marquis of Huntley with me to get three or four days' work till he could find me a ship—the old man sent me down that morning—Eels went with me—I had not seen Charles Lavey at that time—Charles Lavey was not in the habit of paying me from day to day my earnings on board the Marquis of Huntley—the captain did not desire me to quit the ship because I was so ragged that he could not receive me—nothing of the sort—he never complained of my condition at all—I knocked off work when I found I did not sign the articles—the captain said, "As you have worked on board the ship, you may continue to work to-day"—he did not say he would not sign articles with me, because I was so ragged—I have never run from a ship—I and three others were sent on board the William Brandt at the same time, at Commercial Dock—we were all shipped by the captain there—I had no clothes from Mrs. Lavey, or any of the family, until after I went on board the William Brandt—I was not supplied with any apparel in order that I might be in a condition to go on board the William Brandt—after being shipped, I and the other men returned in the waterman's boat to Shadwell, and went to Lavey's shop—I did not then select clothes for the purpose of my voyage on board the vessel—I did not select things amounting to 17s.—I believe it is the custom to pay the waterman something who gets a man a ship, but I was never shipped in such a way before—I have heard it is customary to give 5s. to the waterman—no articles selected by me were tied up in a handkerchief—I did not go from thence to the Golden Eagle—I did not go to the Golden Eagle at all, nor stay there an hour or an hour and a half—I did not return to the shop by the direction of Lavey, nor did he say to me, "Come, Yates, I want you to sign your note"—I did not say I was all of a shake, and could not hold the pen, and ask whether making my mark
would not do as well—(I was perfectly sober, unfortunately I could not get otherwise, I had not the means)—Charles Lavey did not upon that say, "That will do, come in, and do it at once," or "do it directly."
Q. Did Charles Lavey then write something on the back of the note, and did you take the pen and make a mark on it? A. I never saw the note—when I got the 2s. I said I was going down to the ship—I never heard him say he would send down my things—two days after, some things were sent on board to me as the vessel was just quitting the dock, by Eels—he did not give me the bundle—I would not have it—he offered it to me—he went on board the vessel to Gravesend—the captain came on board about six or seven in the evening—I do not know the name of the waterman—I never saw him before or since, till I saw him here—I did not select any clothes in his presence—he never came to me as I came out of the Golden Eagle, and said, "I want my 5s."—I did not say, "Stop a bit, I shall get the money for my note"—I did not go into Lavey's counting-house, or back room, with Murgatroyd, the waterman—I was never in it—Murgatroyd did not say, on my putting my mark on the note, "Why, you signed your name to the ship's articles, why don't you sign your name to the note?"—I did not say I could not be bothered to write then, and that my mark would do as well, nor any thing to that effect—Charles Lavey did not pay Murgatroyd 5s., on my account, in my presence—I do not recollect Murgatroyd saying, when I first saw him that day, "Yates, where have you sprung from?"—I did not reply, "From the straw-house"—I had come from my lodging in Rosemary-lane that day—I do not recollect the party's name—it is a barber's shop, opposite Dock-street—I paid fourpence a night—I'had got work in the London Dock, now and then, sufficient to pay my lodging—I did not tell Murgatroyd I had come from the straw-house, that I was ready to go anywhere, and would give him 10s. if he could get me off—this note is for more than half a month's advance—half a month's advance would be 1l. 2s. 6d.—I know Henry Gardiner—I do not know whether he is the man that took me and the other sailors on board at the Commercial Dock—I had a bundle when I went on board there, containing a shirt and pair of trowsers—I lodge with Gardiner now—I do not recollect seeing Gardiner on board—I did not receive a bundle from him on board—I never said to Gardiner, in speaking of this charge, that I had been persuaded to do this; that I would go through with it, as I had begun, as I had an idea of making a good thing of it—I never said, "If I do anything, I shall not take less than 10l."—Gardiner wanted me to take 10l. and go away to Southampton; and I was taken by the arm yesterday, and told a lady wanted to see me—I had nothing to drink on the day it is said I signed the note—I was not inside a public-house that day—I paid for one pot of beer for some persons that befriended me, but I did not go after it; they brought it me, and that was all I had to drink—I came ashore from my voyage last Sunday fortnight—I hurt my back getting out of the ship, and did not make any complaint about this before the Magistrate till this day week—I then went to the station.
MR. DOANE. Q. The agents of the owners made the complaint before the Magistrate? A. Yes, and they conduct this prosecution—they stopped my money—Gardiner did not offer me 10l. to keep out of the way, but he said he thought it would be given if I would keep out of the way—he said I might as well take it—I declined, and yesterday a stout man came and took me by the arm, and said a lady wanted me across the way—I had no jacket before I went on board the William Brandt—I had nothing but what I stood upright in, and my shirt and trowsers, which I redeemed from my lodging—Rayner
was my landlord's name—I redeemed those things with the money I got on board the Marquis of Huntley—that constituted the bundle.
LUDWIG GROTIAN . I am captain of the William Brandt, jun. In April last I applied to the prisoner, who is a slop-seller, to ship me some men—I left with her some advance notes, filled up and signed by myself, and perfect, except the endorsement of the man that was to receive the money—their names required to be filled in—this was one of the notes I left—I saw a shopman of the prisoner's on board the vessel at Gravesend, with a bundle of clothes—Yates did not take any clothes from him to my knowledge—I did not receive any clothes from Yates which he got from the shopman, and lock them up in my cabin—I could have supplied clothes to some of my men, if they wanted them; not to all—I always carry some with me, to supply my men with, as I sail to a cold country—I heard something respecting Yates's advance note, in consequence of which I wrote to the agents in St. Helen's-place—I never saw Yates put his cross—I see the name, "Thomas Yates," written on this note—I was not present when that was done—I have been in the prisoner's back-parlour—I was never present there when Yates put his cross to this paper—I put my name to it there, but not in Yates's presence—I filled up five or six—I never was anywhere where Yates put his cross, or saw the names of Charles Lavey and Thomas Yates written.
Cross-examined by MR. BALLANTINE. Q. It is not your practice to carry out slops for your men, is it? A. In ships that go foreign voyages, we generally take some to provide against the cold—it is the practice of outfitters, who procure men for vessels, to get a profit by selling them clothes—I had never been to Lavey's shop before this time—I went there in consequence of her son coming on board, leaving his card, and requesting leave to procure men for me—I cannot say on what day I first saw Yates—I never saw him before he signed articles, to my knowledge—he was then in rather a ragged state—I cannot say what he had on, but he was not in a very comfortable state—he was almost in a destitute state—he had no bundle with him that I saw—I saw a bundle at Gravesend—I do not know who brought it—I was not present when it was brought—I do not know whether Yates had been told, on his way to Gravesend, that I had got clothes which he might have if he liked—I was not on board—I remained behind to clear the ship—I had not given directions that they might have clothes if they wanted them—he might have learnt it from the steward—I cannot say who was in the prisoner's back-parlour when I was there—I cannot say when it was—Mrs. Lavey was there, and no one else, to my knowledge—that was when I wrote on the note.
WILLIAM GILTIMAN LAING . I am clerk to Messrs. Adolphus and Henry Brandt, who are agents for the William Brandt, jun., and have to pay the advance notes that are issued by the Captain, on account of the ship to the seamen—the prisoner came to our office sometime in April, and presented this note for payment—we had had advice from the Captain not to pay it, as the man said he had not endorsed it—we told her we had such advice from the Captain, that he had stopped the payment of the note as Yates had not endorsed it, and we promised to write to the Captain—she then went away with the note—she returned in two or three days, I believe at the latter end of April, or the beginning of May, and threatened that if we did not pay the note, she would place the matter in the hands of a solicitor—Mr. Brandt told her in my presence that we had received a letter from the Captain, and that if she took the money she must take it on her own responsibility—she agreed to take the money, which she did, gave her name
and address and went away—that was on the 5th of May—the ship sailed I think on the 11th of April.
Cross-examined by MR. BALLANTINE. Q. She was bound to Cronstadt was she not? A. Yes, to call at Shields—I think she arrived in England again about a fortnight since—I think the ordinary run to Cronstadt is twenty days, but it is seldom so quick, and this was a large ship.
JAMES HANDS (police-constable K 248.) Yates applied to me about this order on Monday week—I first went to Mr. Brandt, and Mr. Laing that evening accompanied me and Yates to the prisoner's—I was in plain clothes—I said, "I am a police-constable, I am come to take you into custody for obtaining 25s. under false pretences by means of a forged order, and this is the man who charges you," pointing to Yates—she said he was a very ungrateful fellow, she had both fed him and clothed him when he was destitute, and he had only trumped up this charge for the purpose of extorting money from her—she said he had put his cross to the note in that parlour—pointing to a back parlour—she said the Captain was present, and put his name to the back of the note—I said I could not enter into the particulars there—she said she only took 5s. out of the 25s. for shipping him, and out of it she paid the waterage—she said the remainder was sent down on board the ship enclosed to Gravesend, and the Captain locked them up in his cabin—I took her to the station—she said it was very hard she should be locked up on that man's statement, that if the Captain was there he would exonerate her—I said if she wished I would go down and see the Captain—I did do so, and he confirmed what Yates had told me, and gave me the notes—when I came back I told her I had seen the Captain who confirmed Yates's story, and had given me a receipt in Yates' handwriting, and said Yates could write a very good hand—she said that was his art.
Cross-examined. Q. I believe at Gravesend you found the clothes locked up in the Captain's locker? A. I did not go.
(The note engaged to pay the prosecutor 1l. 5s. three days after the William Brandt sailed.)
Witness for the Defence.
CHARLES LAVEY . The prisoner is my mother—my father and her have carried on business in Shadwell, as slop-sellers for seventeen or eighteen years—it is part of that business to supply sailors going on voyages with clothes, and to procure them ships—if they have no money to pay for their clothes, these notes are usually given—they are signed by the Captain of the vessel in which the sailor embarks, and ought to be countersigned by the sailor—these notes constantly come into our possession—I first saw the prosecutor about a month or three weeks previous to his going with the William Brandt—he came to our house and asked if we could get him a ship—he was in a most deplorable state, with neither hat, jacket, shoes, nor stockings—I got him work on board the Marquis of Huntley, for which I paid him 1s. 8d. a day, and his victuals—he was there three days, and a quarter—an application was made at our office to procure seamen for the William Brandt—I spoke to the prosecutor about it, three or four days after he left the Marquis of Huntley—he had been sent ashore, and was still in a most deplorable condition—Captain Grotian brought me four of these notes for the purpose of procuring seamen—four men, of whom Yates was one, were brought to our shop by Murgatroyd, the boatman—it is usual to pay 5s. per man to the boatman for shipping, and their waterage extra—I sent Eels our shopman with
Yates, Murgatroyd and the other three men to the William Brandt, which was then lying in the Commercial Dock—they returned about two hours after, with Murgatroyd, to sign their notes, and pay the 5s. for which we were answerable, for the waterage—the men were all in the shop, and I said either to Murgatroyd or Eels, "Send in the men, and let them sign their notes"—three of them signed their notes—Yates did not at that time—he selected some second-hand clothes which laid about the shop—he was in such a deplorable condition we could not give him new ones to the amount—I had previously lent him a jacket to go in to see the Captain—after he had selected the clothes we missed him from the shop—in consequence of what Eels or Murgatroyd said I desired him to go and look for him—in about an hour and a half or two hours he came out of a public-house—when I saw him I said, "Send that man in; he has not signed his note;" and I said to him, "Yates, come in and sign your note"—he came into the counting-house and said, "I cannot write; a cross will do as well"—Murgatroyd told him that he had signed his name on board the ship in the articles that he had witnessed, and he could write—he then said, "Well, I have just been taking a glass of grog (or something, staggering about,) and my mark will do all the same"—I said, "Well, it will make no difference to me; the note does not require signing," or something of that kind," as it is an order from the Captain to receive the money," (the ship was going to call at Shields, and we often find when vessels call at an intermediate port that sailors run away, and then they stop these notes and cheat us out of the money,) so I wrote his name, Thomas Yates—then held him the pen, and said, "Make your mark"—he said, "That will do"—he held his arm over my shoulder, and I made his mark.
COURT. Q. You wrote his name and the mark? A. He held the top of the pen—he just had hold of it and made the mark with me together.
MR. BALLANTINE. Q. Whether he had been drinking or not, had he the appearance of it? A. Yes, I should say he had been drinking by his appearance—the clothes he looked out amounted to 16s. or 17s., or I think a little more—he said, "I shall never forget your kindness to me, and I will pay you what I owe you when I come back"—he had had a south-wester, a pot and knife, which came to about 4s. 6d., in addition to the 16s. or 17s. I had also paid 8s. to the waterman for him, making 25s. in addition to what I trusted him.
MR. DOANE. Q. So that he owed you money instead of your owing him? A. Yes, about 4s. or 5s.—when he came back from the Brandt, after signing the articles, I did not pay him any balance that was due for his work on board the Huntley—he had had it all a day or two before—I did not pay him—my mother, I believe, paid him 1s.—Murgatroyd, Eels, and myself were present when this endorsement was made—my mother was not—she saw nothing at all of the transaction—the note was in my possession till I gave it up—it was done in my counting-house at the back of the shop—I do not know whether any of the other sailors were in the shop at the time—Yates was either drunk at the time, or pretended to be so; but I should say he had been drinking very freely—When I was writing "Thomas Yates" he was standing with his hand on the desk—I was standing up—it is a very small place—he could hardly stand without putting his hand to the desk, or somewhere near—I cannot tell the exact position in which he stood, but he stood very near me—he had hold of the pen—he put his arm over my shoulder—he might have been behind me, or at the side of me—he put his left hand over my shoulder and took hold of the pen—I wrote with my right hand—he laid hold just of the top of the pen as if he had been afraid to touch it, as if he had something going, something which it appears he had in his mind for a long time, as if
he could write and would not, and that makes him bring this case here, I suppose—he did not take it in his own hand—he had the top, and I held the bottom part—I wrote "Thomas Yates" after he put his mark; after he touched the pen to the mark—the mark was made at the same time—the name was written first—we both had hold of the pen at the time the mark was made—I wrote my own name, "Charles Lavey"—I generally write it at the top, and sometimes at the bottom—I wrote that afterwards—Murgatroyd is not in my service—he does a little work for us now and then—he was waiting for his money at the time this was done—I would not give him the money till Yates had signed his note—he was standing leaning against the counting-house door—Eels was about the shop, but I think he brought Yates in, and he then stood alongside at the time—there was one on each side of the door, to the best of my belief—I know they were both present at the time I was writing—Murgatroyd was leaning against the door, and Eels was standing on the left side of him—he was in the shop, because there is not room for three to stand in the counting-house—he was close enough to see what was going on—they both saw it—I would not pay the money till the receipt was on the back of the note—I did not write my name then—I think I wrote that at Mr. Brandt's office—I went there, not with my mother, but alone—I went to receive the money for the note.
Q. Did you write your name on that note at the time Yates and you were making this cross as you represent? A. Yes.
Q. Then what did you mean just now by saying that you wrote it at Mr. Brandt's office? A. It was written at my office, at the time I have been describing—I wrote this, "Charles Lavey," there—I wrote that on all the notes—I wrote that at the same time—if I said just now that I wrote it at Mr. Brandt's office it was a slip, I was thinking of the receipt—my mother's name is on the bottom—all the notes are signed alike—they were signed at my house—as the men signed the notes for the sum they received I placed my name on them—I did not say that I put my name to the note at Mr. Brandt's office—I do not recollect putting my name at Mr. Brandt's at all—I don't know that I did not give my direction to Mr. Brandt, I think I did—I gave my direction, a very short man took it—whether I wrote my name or gave my address I don't know—I did not write my name—I won't swear whether I did or not—I will swear I wrote that name at my office—when Yates made his mark, Murgatroyd said "You can write, why not? "—Yates said, "It will make no difference, my mark is just as good; I scarcely ever sign a note," or something to that effect—eight sailors out of ten make their marks—I made no remark to Eels or Murgatroyd about it.
COURT. Q. Whether he had the pen in his hand, or whether you and he made the mark, was he perfectly aware that it was made at the time? A. Yes, and that the name Thomas Yates was written as being his name—I am not aware whether he saw me put my name on it or not.
JOHN MURGATROYD . I am a waterman. I am in the habit of procuring seamen ships—about April last an application was made to me for the William Brandt, jun., in consequence of which I took four men to Lavey's shop—I saw some notes—if this is the same note, it has the endorsement of the Captain, because the ship was going to Shields—it was in consequence of some communication between me and the Captain that that endorsement was made—Yates was one of the four I took to Lavey's shop—I picked him up in the street somewhere about the beginning of April—he was very badly clothed—I said to him, "Now is your time to get away"—I afterwards went with them to the vessel lying in the Commercial-dock—after they had signed the articles on board the vessel they all came back with me to Lavey's shop—I was to
receive 5s. from each man for shipping them, and 3s. waterage—Yates told me as the other men did, that when the notes were cashed they would pay me—I stopped at Lavey's till Charles Lavey came in—I saw Yates select some clothes—he then went out—Eels was sent out after him—I remained till be came back, to get my 5s., when he had endorsed the note—I could not get it until then—when he came back I said, "Come, Yates, I want to get my money, and be done with it; I don't want to be here all day long"—he said, "Very well, come along," and with that he went into the counting-house with Charles Lavey—Eels was in the counting-house—I stood leaning against the counting-house door—Eels had been picking his things out, and was in the counting-house to give an account of things that were picked out, to the amount of 17s.—the other men had been settled with—I saw them settled with—I saw Charles Lavey write Yates's name on the note—Yates was standing so that he could see what he was writing—he put his hand to the top of the pen and made his mark—I said to him, "Hollo, Yates, why don't you write your name, you wrote your name on the articles?"—"Oh," he said, "that will answer the same purpose for me, you have got your money"—I said, "I shall presently," and with that Charles Lavey paid me my money—when I first met Yates that day, I said, "Yates, where have you sprung from?"—he said he had been at the Straw-house, but they had turned him out—he said, "I am ready to go anywhere, and would give you 10s. to get me off."
MR. DOANE. Q. Were you close enough to see what Charles Lavey wrote? A. I was close enough to see Yates touch the top of the pen to make his cross—the first thing Lavey wrote was the man's name I suppose—I was not that close to see what he wrote—I saw the paper—I can't tell the first thing he wrote, but I suppose it was the man's name—it was where the cross was put—I was not near enough to see what he wrote—Yates was neither sober nor drunk—he had been drinking—he was about half seas over—I have known the Laveys about sixteen or seventeen years, by living in the neighbourhood—I have taken men on board ships for them within the last eighteen months, and got their notes cashed—before that I had a situation is a yacht for fourteen or fifteen years—I was master of a small vessel—I have never been in any difficulty, never in prison, or charged with smuggling or any offence—I was once summoned for over-fare, but nothing else.
JOHN EELS . I am a cooper. In April last I was in the employ of Mr. Lavey as shopman and porter—early in April Yates came to the shop—his clothing was in a very bad state—he asked Mr. Lavey if he could get him a ship—I went with him on board the Marquis of Huntley—he worked there for two or three days—after that, Murgatroyd brought the captain of the William Brandt to Mr. Lavey's shop—he afterwards brought Yates and three others—I went with them and Murgatroyd to sign articles—I think it was on the 8th or 9th of April—after they returned Yates selected some clothes, which were afterwards tied up in a bundle—he went over to the Golden Eagle, nearly facing Mr. Lavey's shop—I saw him go in—by my master's direction I was told to inform him when he came out of that public-house—I saw him come out, and told him Mr. Lavey had directed me to bring him to the shop—when he came in, Charles Lavey said, "Come, Yates, come and endorse your note," or "sign your note," I will not be certain which—he replied that he had been drinking, and could not hold the pen to write, on account of his hand trembling—he said afterwards that he supposed if he made his mark it would do just as well—Mr. Lavey, Yates, and I, then went into the back counting-house together—Mr. Lavey took the pen off the desk and offered it to Yates—he refused to take it, and said, "Do not bother
me with trash, I have told you I cannot write; take and do it yourself; take and write, and I will put my mark"—I saw Charles Lavey write—after he wrote on the back of the note he offered the pen to Yates—he took hold of the top part of the pen and Lavey had hold of the bottom—I pushed myself forward in the counting-house, and there was a mark made on the back of the note—I cannot say whether it was in between the writing or underneath—I have not seen the note since—I can swear positively I saw the mark made—it appears to me that this is the note—(looking at it)—I took the clothes that Yates selected, down to the ship—I had business with the captain besides—I had the clothes in a bundle—I gave them to Yates in the Commercial Dock, Deptford—he said nothing at that time—having business I went down with the vessel to Gravesend, and as I was coming out of the cabin there, Yates had the bundle in his hand—I said, "Yates, what do you intend to do with that bundle?"—he replied, "What b—things are these which Mrs. Lavey has sent down to me?"—I said, "You have got some articles there that will do you service on your voyage"—he said, "Well, I shall not have them"—with that I got agitated and vexed, took the handkerchief from him, and took it aft to the cabin—I showed the articles to the captain one by one—the captain made no remark—he made a laugh at it, and went over the ship's side to go ashore—Yates took them up in his hand without tying them up in the handkerchief again, and went forward towards the forecastle with them—I afterwards went down the forecastle—I had some further conversation with Yates—we parted and shook hands together, and at that time he had got on some of the apparel I had given him.
MR. DOANE. Q. How long have you known the Laveys? A. I should say seven or eight years—I returned with the men from the ship to Lavey's with Murgatroyd—they all selected articles—I was not present when the other three signed their notes—I was at the door as porter—I saw them go away—after Yates had selected his articles he went out without speaking a word to Mr. or Mrs. Lavey, and went over to the Golden Eagle—I went into the counting-house when he returned—I did not see Mr. Lavey write—I was not close enough—Yates said he could not write, because he had been drinking, and then Charles Lavey wrote something—he then offered the pen to Yates—he laid hold of the top part of the pen, and Lavey had hold of the lower part—both with their right hands—the pen was first dipped into the ink-stand—I pushed myself forward in the counting-house, and in the direction of the pen being moved on the paper apparently to me, there was a mark made—there was wet on the paper afterwards when the pen was taken up—I think all that Yates did was making a mark—the mark was made on the back of the note—I do not know what they wrote on—they were standing in this way—(taking a pen and describing it)—Lavey had hold of the pen—Yates was standing on the left hand side of Mr. Lavey, and put his hand underneath his left arm, and laid hold of the pen—I did not take the clothes on board to sell—they were already sold—I had two additional men to take on board the ship with the Captain—I did not give the clothes to the Captain—I showed them to him—he did not lock them up that I am aware of—I did not see him do so—I have been out of court during this case—Charles Lavey has not said anything to me since the trial commenced.
NOT GUILTY .
MESSRS RYLAND and DOANE conducted the Prosecution.
WILLIAM BROWN . I lay down iron plates on railroads, for the carriages to run on—I live at Sellinge, about six miles from Ashford, in Kent. On Saturday the 7th of Jan., I came to London, and was walking in St. Paul's churchyard—a strange man spoke to me—I accompanied him to a public-house in Beer-lane, Thames-street—we went into the parlour, and found the prisoner sitting on the right hand, by himself, taking a glass of ale—that was the first time I saw him—it was about two o'clock in the day—I am confident to the time—a glass of brandy and water was sent for—I had some, and the stranger had something—I and he sat together in front of the door, near the fire-place—not at the same table with the prisoner—he sat on the left hand going in at the door—after the stranger and I had been drinking brandy and water, the stranger said to the prisoner that we were two strangers met—the prisoner said he was a stranger also—they did not appear to know one another—the prisoner said he was just come to London for a spree as he had a large property left him—that he was a saddler, and worked at his trade till within the last few days, and then he came into his property—that his lawyers had given him a note to receive 100l., and he had received it at the Bank of England—he showed me a roll of notes which he took out of his pocket—they might be of the value of 100l.—I cannot say—he said he was then going to have a spree, and he did not mind a great deal where he went to—he said he would go with us for a walk if we were agreeable, but before that he would treat us with another glass as we had been so kind to him—he proposed to treat me and the stranger—I told him I was not in the habit of drinking much myself—we all three walked out together—we had been in the public-house perhaps twenty minutes, or half an hour—we walked somewhere near the Black wall railway—we passed the Tower shades, and went into a public-house down by the side of the Black wall railway, near Limehouse—drink was called for, and the prisoner proposed to pay for it—he said as we had been so kind to him he would pay for what drink we chose to call for—I declined that, and paid for what I had, which was threepenny worth of brandy—the others had something to drink—in the course of conversation I said I had come from Ashford, and was going back that evening, and had not much time to waste, I was going by railway—the prisoner said, if I had no objection he would accompany me, as he wished to see the coast of I Kent—I walked out of the public-house, and the prisoner came out with me—we walked as far as Gracechurch-street—I had left a hat box, and carpet bag at a house opposite the Spread Eagle—I went and got them out—I had proposed to go into the Spread Eagle—the prisoner objected, as it was so thronged a place, and proposed we should go to someplace where there was a private room—there is a tap at the Spread Eagle—they asked me to go and take a glass before I went to the omnibus to New-cross, as the train was going off at four o'clock—we walked on together till we came to Rood-lane—I intended to be at New-cross at four o'clock, but as it was I could not be there before five—it was after three when I got my carpet bag—we all three went into the parlour of a public-house, near Tower-street police station—the prisoner asked if they had a private room—he took hold of the parlour door, opened it, and there was nobody there, he said, "This will do"—we went in—he asked what I would have—I said, "A little brandy and water, as I should not change my liquor"—I had sixpenny worth of brandy and water hot, as it was a Cold evening—he told me I had been so kind to him, and the other gentleman, and had given him such good advice, he would give us a new hat apiece if we would accept of it—(I had persuaded him to keep his money safe, and not let any one see it, as London was such a place)—I refused
to have the hat—the stranger advised me to take it, as he said the prisoner had plenty of money, and he should take one if he would buy him one—I said I did not wish any thing of the sort, and declined—I took a small empty bottle out of my pocket which would hold about three half quarterns—I set it on the counter which we sat against—I said I would have a little brandy put into it to drink on the road—at that time I took out my purse, and laid it on the table—I took a 10l. note out of my purse of the London and County Joint Stock bank, Ashford branch—I folded the note up, and laid it on my purse, saying I must get it changed, as I had not money to get my expenses paid to Ashford without—I said I must change to pay for the brandy, as I had but 2s.—the prisoner took the note up, and said, "Well, I don't know that I ever saw such a note as this, what bank did you get it from?"—I told him it was the London and County Joint Stock Bank—I took it out of his hand, and laid it on my purse again, which still laid on the table—the prisoner said I need not change it, as he would pay for my liquor, and pay my expenses down to Ashford, as I had been so kind to him—I said I had only 2s. in Silver—my hat-box and carpet bag were standing on the seat on my right hand, and the prisoner sat on my left—the note was in my purse on my right hand—I turned round to my left to unlock my hat-box—I took out a travelling cap and a pair of strong gloves—I observed the door of the room closing—on turning round, I found the bottle, and the note, and the prisoner, were gone—instead of my note was a bit of a hand-bill, folded up, and laid in the same position—the other man was still in the room—I instantly rushed to the door, and said "The thief has robbed me," and ran out of the door—I could not find him—I returned to the room, and the other man was gone—this was about half-past three o'clock—I went home the same evening—I had but 2s. to take me home—on the 17th of July I was in London, in Gracechurch-street, passing a few yards from the Spread Eagle, at about a quarter after four o'clock in the afternoon, and met the prisoner coming along the street—I knew him as soon as I saw him—he turned his head another way, and began to rush by—I ran to him, round another gentleman, seized him by the collar, and told him he was the man that robbed me just after last Christmas time—he said, "I do not know what you can mean, taking hold of a gentleman like me, in a large way of business, calling me a thief in the public street"—he said I had better let him go, or I should get into trouble—I said I did not mind what trouble, he was the thief that robbed me, I would not let him go—he snatched himself out of my hands, and ran away along the street—there was such a quantity of persons, he could not get along very fast—I cried, "Stop thief," and ran as fast as I could, till I caught hold of him again by the collar—he told me to come on one side with him, there were so many people about, and any thing I said to him he would listen to—I told him I would not, I should give him in charge to the police—somebody assisted me, and he was taken into custody by Storey—I was sober the whole of the time—I have never been intoxicated for the last ten years or more—I have named what drink I had on the day in question.
Cross-examined by MR. CLARKSON. Q. Have you a large business? A. I have laid nearly forty-six miles of double line on the Dover Railway, and the same quantity on the Midland, for the same contractors; a little on the Derby and Junction—I have been employed sometimes as a sub-contractor, sometimes as a superintendent—it is profitable at times—the last time I did rather better, being winter—I am a housekeeper, and live under Mr. Hamond, of Grove-bridge—I am married, and have three children—I have not been in any particular state of poverty lately—I have not wanted assistance, and have
not asked for any—the first public-house I went into with the prisoner was in Beer-lane—I believe Shersby, who keeps the White Horse in Rood-lane, was examined before the Lord Mayor—I did not hear him say that he did not know the man—it was between one and two o'clock in the day when I was in St. Paul's-churchyard—I shall be thirty-five years old next June—I have been in business for myself the last seven years, when I began plate-laying—before that I worked as a labouring man among the farmers—I had not dined that day—I had had some coffee after I came up by the Western Railway, by the third class, about eight o'clock—I did not go to the first public-house on an empty stomach—I was well satisfied with eating at my coffee—I went to the public-house about two o'clock—I had the coffee about twelve, three or four hours after I left the railway—I had been walking to different places—I had something to eat in my pocket—I had sixpenny-worth of brandy and water in Beer-lane, and sixpenny-worth at the White Horse—I had no brandy in a bottle at the bouse I went to instead of the Spread Eagle—I had threepenny-worth of neat brandy—I drank it—it was about half-past three when I found the prisoner gone—I swear I had had nothing else to drink—I had had a biscuit to eat.
MR. RYLAND. Q. What had you to eat with your coffee? A. A roll and butter—I had brought bread and cheese in my pocket to eat besides my brandy and water—it was rather cold the latter part of the day—it began to rain a little about four o'clock—six penny worth of brandy and water is not a very large quantity—I was not the least the worse for liquor at half-past three o'clock.
WILLIAM STOREY (City policeman.) On the afternoon of the 17th of July, about a quarter to five o'clock, I was in Gracechurch-street—I heard a cry of "police" near the Spread Eagle—the street was very crowded at the time—I went in the direction of the cry, and found the prisoner—Mr. Brown had hold of him by the collar, and gave him in custody for robbing him of a 10l. note—I took him to the station—he said he was a butcher by trade, and had never been in London before that day, and had come from Birmingham that day—I asked his name—he said it would be decided before the Lord Mayor next day, and then he would give his name.
WILLIAM SHERSBY . On the 7th of January I kept the White-horse public-house, Rood-lane—I remember the prisoner coming to my house that day at half-past three o'clock in the afternoon, in company with Mr. Brown and another person—Brown asked for a private room—I said, "There is the room," and they said that would do; they had some private business to settle—the room was empty when they went into it—we were particularly slack that day—in about ten minutes after, the prisoner came out, and came to the bar with a bottle—it was not one of my bottles—he brought it from the parlour, and said, "Put a quartern and a half of brandy in this, and I will look in for it shortly, or instantly"—he put the bottle down and went out quickly—I missed him, and in an instant the prosecutor followed, and complained of being robbed of his 10l. note—last month I saw the prisoner in custody at the Mansion-house—I firmly believed that was the man on my first seeing him after the transaction, and I am still certain he is the man now—my daughter was in the bar at the time.
Cross-examined. Q. Did you give evidence at the Mansion-house? A. Yes; I was not bound over—I attended, as I understood, at my Lord Mayor's particular request—I received that request on the 21st to attend, at the sitting of this court—I attended voluntarily in the first instance in furtherance of the ends of justice, and for the credit of my house—I believe my examination was taken down in writing—I did not sign it—I do not recollect that it
was read over to me—I understood the Lord Mayor deemed my evidence not material.
MR. DOANE. Q. Were you sworn before the Lord Mayor? A. Yes, I gave evidence—the Lord Mayor did not tell me at the second examination to attend at this session—I was informed by Mr. Brown, who came to my house, that the Lord Mayor requested my attendance—I did not exactly understand why I was ordered to attend.
MARY ELIZABETH SHERSBY . I am the daughter of last witness. On Saturday afternoon, the 7th of January, I was in the bar with my father—I saw Mr. Brown come into the house with two others—the prisoner was one of them—they went into the parlour—in about ten minutes the prisoner came out, passed the bar quickly, and as he passed put a bottle over and said, "Fill that with brandy, and I will be in directly"—he left the house—Brown followed him instantly, and complained of his loss.
Cross-examined. Q. Have you any doubt of the prisoner? A. Not the slightest, nor ever had—I never went before the Lord Mayor—a policeman named Storey first found me out to bring me as a witness—it was last Friday—since the sessions has been going on—I did not know I was to be called as a witness till the policeman came—he said I was subpœnaed, the subpoena was given by the clerk of Mr. Pearson on Saturday morning—I have not been examined on this charge till to-day by any body—I was subpœnaed—this was mentioned to me by the clerk—he did not tell me that I recollected the 7th of last January—I recollected the circumstance when he mentioned it to me—he told me to say what I knew about the circumstance—he told me to state if I recollected the day, and if I could recollect such a transaction happening—I could not immediately say the day—I first saw the prisoner in Newgate on Saturday morning—Mr. Pearson's clerk took me there—my father and a lad were with me—I was taken into the yard and saw the prisoner among others, and immediately recognised him, by his gait, by his walk—I knew my father had been examined as a witness—the licensing day is in October—I never heard of my father being requested to attend as a witness when the prisoner was under examination—my father and I have had very little talk about this—he said nothing beyond that he thought I should have to attend—I had not said any thing to him or any one else about it at any time.
MR. RYLAND. Q. I believe your father is not now in that house? A. He left on the 3rd of July—he now keeps an eating-house at Paddington—we do not want a license from the City for that—about eight or ten people were standing together in Newgate—I recognized the prisoner, and pointed him out directly.
JOHN JAMES VENNER . I am pot-boy at the Ship Afloat, Beer-lane, Thames-street. I remember, some time in Jan. last, about two o'clock in the day, Mr. Brown came to the house—a gentleman was with him—I showed them into the parlour—there were two other men there, one having his dinner—I do not remember when they left—I remember Brown coming the same day with the policeman, complaining of being robbed—I was taken to Newgate on Saturday, and saw eight or ten prisoners together—I recognized the prisoner as the man I had seen in the house with Mr. Brown—I firmly believe he is one of the men—I think he had been in the house before Brown came with the other man.
Cross-examined. Q. Who went with you? A. The publican, his daughter, and this gentleman (Mr. Pearson's clerk)—I did not hear them say anything—I saw a sailor there, and a young man with a scratch on his face—I cannot say who else was there—there was one tall man—I think I should
know him again—I do not know that I could swear to him—I did not notice all that were there—I looked to see which one to pick out—one person had rather light whiskers—I was told to come last Saturday as a witness—I was over the way, and saw this gentleman—he did not tell me that the person had red hair—I cannot exactly say whether he did or not—I do not think he told me before I went into Newgate that I was to recognize a person with red hair—I cannot say he did not—I did not know, that I recollect, before I went into Newgate, that I was to recognize a person with red hair.
(Witnesses for the Defence.)
THOMAS DEAMAN . I am a half-pay officer in her Majesty's service, and live in Swallow-street, Birmingham. I know the prisoner—I am no connexion of his—he came to lodge with me on the 22nd of Dec., 1842, and remained till the 20th of Feb., 1843—during that time I did not leave Birmingham at all, nor leave my house to sleep out—the prisoner never slept out of my house during that time—he might have left for the course of a few hours—he never slept out of my house during that time—I have a son-in-law, named John Denham, living in Linch-street, Birmingham—I married his mother—his birth-day is on the 7th of Jan.—he dined with me at my house, on the 7th of Jan. last, at one o'clock, as near as possible—there were seven or eight more dined at the table—the prisoner was one of them—he dined at my house, keeping my son's birth-day—Richard Boyce did not dine with me, but he came several times in the course of the day—when I heard the prisoner had been taken into custody I came up to London, and gave evidence at the inquiry at the Mansion-house—there was another person at the dinner party, who is now ill at Birmingham—I gave my name and address at the Mansion-house—I have not seen any one at Birmingham on this matter since that—the person who is ill fractured his skull last Saturday fortnight.
MR. RYLAND. Q. In what department of her Majesty's service are you? A. I formerly belonged to the 57th, but now belong to what is called Bradshaw's Levy—I receive 3s. a-day as an ensign—I was formely adjutant of the 57th Regiment, I retired on half-pay, and gave up my adjutancy—I cannot explain what Bradshaw's Levy is—it is in terms considered a recruiting company—it is more that I can define, for when I was placed upon it I was surprised to find myself there—I do not know what regiment it is attached to—I receive my pension from Cox and Greenwood, the army agents—I do not come to town to receive it—it is paid at Birmingham, through Taylor and Lloyd's, the bankers—they pay me 3s. a-day—that is all I have to live on—I am a house-keeper—the prisoner and other persons lodged with me—the prisoner had a sitting-room with me, and an attic to sleep in, for which he paid 4s. a-week—he did not board with me—I swear he is no connexion at all of mine—on my oath, I did not marry his mother-in-law—I know nothing about him at all—I married John Denham's mother—her name is Denham—John Denham is not married—I did not marry a Mrs. Room—I did not know the prisoner above a month before Christmas—I had always known him by the name of Dayman—he came to me by that name—I never knew him by the name of Room—I have never heard it said in his presence that his name was Room—I have heard it from other people—I have never heard him addressed by the name of Room—I always called him Thomas Dayman—I never knew him by any other name—I heard that the prisoner was a man of business—I understood he had been keeping a public-house, and was a butcher by trade—I never heard of his being a saddler, or of his coming into a considerable property, or of his carrying on a large business—I never knew of any home he had except the one at my house—he left me in
February—I saw nothing more of him till I saw him at the mansion-house—I don't know what he bad been doing with himself from February till that time—I can't exactly say how many the dinner-party consisted of, there were seven or eight—there was Denham and my wife, and the prisoner and his wife—he has been married all the time I have known him for what I know—his wife lived in the same room with him—there was Thomas Smith, he is not here—he was examined before the Lord Mayor—the young woman that John Denham keeps company with was there, I don't know her name—she was his sweet-heart—I can't tell whether he was about to be married to her—I don't recollect any more—there are three of them here, myself, John Denham, and the prisoner's wife—we dined about one o'clock, below stairs on the ground floor, which is my sitting room—the guests came between ten and eleven—we had a very good dinner, it was hot, and was dressed at home—we drank ale principally till the evening—we had a drop of gin afterwards—we drank ale till the evening, till seven or eight o'clock—we had cold meat for supper, and then took the gin and water—I cannot say whether every one took it—some of them, probably, would not like gin—they all staid to supper—I can't say whether most of them had gin, there was more beer got, no cigars—there were pipes of tobacco—we kept it up till very near twelve o'clock.
COURT. Q. How long have you married Denham's mother? A. I married her on the 10th of October—this was the only occasion that we kept my son's birth-day—I do not keep any other birth-day in the year.
JOHN DENHAM . I am a pistol-maker, living in Linch-street, Birmingham—last witness married my mother—my birth-day is the 7th of January—I kept it at my father-in-law's house—I dined there with the prisoner, my father-in-law, mother, and two or three friends who were invited—we dined about one o'clock—the prisoner dined at the same table—I did not come up to the Mansion-house on the last occasion—I am not wealthy—I am a master at times, and at other times work as a journeyman.
Cross-examined by MR. DOANE. Q. Have you ever dined at last witness's? A. Not very often, I have occasionally—I did not keep my last birth-day at all—this was an outcome—I had served my apprenticeship—I have known Mr. Deaman, I suppose, nearly twelve months—very little before he married my mother—I suppose there were six, seven, or eight altogether, at the entertainment—I can't say to one or two—there was the prisoner and his wife, me, and my mother, and father-in-law, and several other friends and acquaintances—there were two or three, I don't exactly know their names—there was a person named Smith, and William Dickenson—I don't know what he is, only an acquaintance of mine—I invited him—I can't say where he lives—he is a friend I met occasionally in different parts of Birmingham, at different places—there were two or three more there—I cannot tell their names—I did not invite them all—I don't know the name of any one else—there were three or four more—there might be a neighbour or two out of the street, who came in—there were two or three came in to dinner, male and female—I can't tell how many males there were besides Dickenson, nor how many females—there were two or three altogether—there was my mother, and the prisoner's wife, and there might be another or two—I did not take particular notice—I know Dickenson, but not where he resides—we were there till twelve o'clock at night, I dare say—we dined at near one o'clock—it was a very tidy dinner considering—we had some beer or ale to drink—we had some supper—we regaled ourselves with a little of the cold—my mother's name was Denham before she was married—I never heard her called Room—I never heard that name, or knew any one of that name—that I swear—I might possibly know some one, but no friend that I know of—I never heard the prisoner called Room—I
first heard of the prisoner being in trouble, two or three weeks ago—I heard of it at the time of the examination—Mr. Deaman was sent down for—that was the first I heard of it—he told me he was sent for to go to London—I did not know that I was wanted—I have known the prisoner two or three years; not in Birmingham altogether, I knew him also in Walsall—I should say he had been in Birmingham five or six months—Walsall was the last place I knew him in—the last time I saw him in Birmingham was five or six weeks after Christmas—I did not know where he lived in Birmingham—at the time of the dinner, he lodged with Mr. Deaman—he lodged there all the time he was in Birmingham—I believe he left Birmingham five or six weeks after Christmas—I lost sight of him then, and the next I heard of him, was his being in custody in London.
MR. BALLANTINE. Q. Are you keeping company with any young lady? A. I am—she was at the dinner.
RICHARD BOYCE . I am a cordwainer—I know Deaman and the prisoner—I remember a birth-day keeping at Mr. Deamans on the 7th January—I was there in the evening—I was there at twelve in the morning—I saw the prisoner there at twelve and at one, and I returned up stairs to my labour—I saw him again from ten till half-past eleven at night—I spent the evening there—I occupied a room in Mr. Deaman's house.
MR. RYLAND. Q. What day in the week was it? A. On the Saturday—I joined the party about nine or half-past nine in the evening—I could not get my work done before—I staid till they broke up—they were taking a little ale when I went in—I did not taste anything more than a little ale—I had a little supper with them—we had a little cold meat and a little beer.
WILLIAM BROWN (re-examined.) I went home the same night—I came to London again I believe in June, and again in July—I was in town twice between January and July—I only staid one night in London—when I saw the prisoner on the 17th, I had come to London that morning.
GUILTY . Aged 28.— Confined Eighteen Months.
Third Jury, before Mr. Recorder.
2286. MATTHEW RASDELL was indicted for feloniously assaulting Mary Ann Mason, on the 7th of August, and cutting and wounding her in and upon the left side of her head, with intent to maim and disable her.—2nd COUNT, stating his intent to be to do her some grievous bodily harm.
MARY ANN MASON . I am single, and live with my father and mother in Hope-street, Holloway—I can't say whether the prisoner is married—a person lives with him as his wife—there was a quarrel between that person and my father on the 7th of August, outside the door—a warrant was taken out against the prisoner for threatening my mother's life—the woman came over to our house, and tore my father's clothes to pieces, with that the prisoner came from the corner of the street—I got my father in from following the woman, and before I could shut the door to, the prisoner got his foot inside it—one of our lodgers was coming in, and then we closed the door—before it had been shut a minute or two, the prisoner burst open the door, put his hand over my shoulder and stabbed my father in the head with the knife—I did not see the knife—he hit my father in the head, and with that the wound came—it bled dreadfully—the prisoner then pulled me down on the top of him—I don't know how he came down—when I had been a little while on the ground I felt the cut of the knife coming in the back part of my neck, and he swore while I was on the ground with a bitter oath that he would not leave the house till he had taken my father's life away—he scuffled with my father when he got in—I was on the ground full a quarter of an
hour, strangling—I did not think I should ever have got up again—there were a great many persons on the top of me—several fell—there was my mother and Lunn—my attention was called towards my father—the prisoner tried to push away to go out, and I fell on the ground and he too—Lunn was helping me and my father—I had not much of a wound, it was just the point of the knife—I went to a chemist's—I hied a great deal (showing the wound)—I think it was done on the floor—I don't think he did it wilfully.
Cross-examined by MR. HORRY. Q. Was there not a constable's staff used in the scuffle? A. Yes—my father has been a parish officer—he brought out the staff, and tried to strike the prisoner with it—he did not get it away from him—I was there all the time—the prisoner's wife did not come up and make a complaint to my father—she never said a word—they had a struggle, and while that was going on the prisoner came up—he did not try to protect his wife, or to get her away—I got my father in before he came near his wife, and the scuffle with him was afterwards—I did not see any knife.
OLIVER MASON . The last witness is my daughter. On the 7th of August, about seven o'clock in the evening, I was coming home from work, and saw the prisoner's wife quite tipsy, and another woman leading her—she crossed the street, swearing most awfully, and said, "Have you not got a warrant against my husband?"—I said, "No"—she collared me, and gave me three or four blows at the side of the head, and scratched my face—I caught hold of her arms to keep her from doing so—she was very tipsy, and fell three or four times—I could not get loose of her hands—she tore the sleeve out of my jacket, and likewise tore my waistcoat—my wife came out, and by some means I got in doors—before I could hardly get in, the prisoner came rushing up, swearing awfully, and said, "I will have his life"—my wife and daughter tried to shut the door against him, but he got; his foot inside—Lunn, who lodges in the house, came up, and said to him, "What do you want here, kicking tip a row, why don't you go home?"—he said, "I will have his life before I go away"—when Lunn got inside, and tried to shut the door, with my wife and daughter, I ran up stairs, and got a staff—I made a blow at the prisoner with it as he was trying to get in at the door—it did not hit him to my knowledge—the staff was taken out of my hand, and fell on the floor—he up with his hand and cut my head with a knife—he and his wife then made another rush, and he, and his wife, and I, all fell down together—they were outside the door when they made the rush—we could not shut the door because he had his foot inside it, and his back against it—we fell just at the step of the door, in the door-way—he and his wife caught hold of the hair of our heads, and pulled us down—the man, my daughter, and I—several people then came up and took them away—he struck me with the knife over Lunn's head or shoulder—my daughter was then in the passage trying to keep the prisoner out, trying to shut the door against him—I went to a chemist's and had my head strapped—it bled very much.
Cross-examined. Q. Was there a person named Waugh in the scuffle? A. I cannot tell who was there—the prisoner's wife did not come up to me and complain about my having called her names—I saw the blade of the knife—I could not see what sort of a knife it was, I was so agitated by the woman, but I saw part of the blade when he made a stab at me—the warrant my wife took out against the prisoner, was not discharged—he was bound over to keep the peace.
THOMAS HENRY LUNN . I lodge in this house. I came up when the scuffle was going on—there was a mob round the gate, and some against the door—the prisoner stood against the door, with his foot in the threshold—I told him to go home and make himself quiet and comfortable—he said no, he would
have his life before he left the place—he said, "You can go in, you shall not be hurt"—I went in and shut the door—in a few minutes it was forced open, the prisoner flew in towards Mason, who aimed at him with the staff, over my shoulder—it missed him, and as he was making a second aim, he received a blow on the forehead with a pocket-knife—it was rather a deepish cut, and bled dreadfully—I took the staff from him—he and his daughter fell on the top of the prisoner—the prisoner dragged him to the ground, on the top of him, by the hair of his head—they all fell together—the prisoner fell backwards, and they on him—I saw the girl pouring with blood in the neck—I said, "My G—, her throat is cut"—I dragged her up, and took her into the room, and in the meantime the prisoner and his wife were taken away—the girl was endeavouring to protect her father—I did not see how she got cut.
Cross-examined. Q. Was any knife found? A. No—I owe the prosecutor a little rent, but only since this has happened—I have had no dispute with him about it.
MARY ANN HARRISON . I live in Hope-street. I saw the prisoner going towards Mason's, and as he turned the gate to come towards the door, I saw the blade of a small penknife in his hand—he said he would have Mason's life before he left the house.
Cross-examined. Q. Was that just before the scuffle took place? A. Yes—I did not see the scuffle take place.
COURT. Q. Did you see any thing of the prisoner's wife? A. Yes—I saw her with Mason outside, but she was some distance from there then—they were coming towards the door—I saw her scuffling with him, and tearing his clothes—that was all over when the prisoner came up with the knife in his hand—Mason was then inside his house, and the door closed.
Witnesses for the Defence.
WALTER SEXTON . I live in Hope-place, Holloway, and am a compositor. On the evening of the 7th of August I saw Mason and the prisoner's wife—he called her a wh—, and her husband a cuckold—she caught hold of him by the collar, and they struggled—I can hardly say whether she was sober or not—Mason kicked her on the leg, and she fell—the prisoner then came into the street, and said something to Mason, who was taken indoors by his daughter, and the door shut—the prisoner passed his wife as she was lying down, and went up to Mason's door—his wife was picked up by Mr. Blake, a master tradesman, and she went with the prisoner to the door—the prisoner knocked at the door, and asked for Mr. Mason—Mason brought out a staff or bludgeon, and struck the prisoner on the shoulder—in doing so he lost his hold of the staff—the prisoner seized it, and struck Mason across the face—some females were there at the time—I was about two yards from them—the blow must have been struck across the forehead, from the blood that streamed down his face—I did not discern any gash—I went to try to separate them—I did not see a knife in the prisoner's hand—I was quite close—a struggle ensued at the door by Mason's little boy biting or doing something to the woman—she fell, and the prisoner fell on her—I saw a female in the passage using a pair of tongs.
COURT. Q. Did you see the boy bite the prisoner's wife? A. No, but she said so, and she pulled the boy out of the mob with her—I did not hear the prisoner say he would have the man's life when he came up to the door—there was a great noise, and I did not pay that attention—I was standing talking to a friend at the place.
her hands away from me—she tore my jacket and waistcoat all to pieces—I did not kick her in the leg—she fell down, and still clang to me, like a cat.
GEORGE HENRY WAUOH . I live in Hope-street, and am a bricklayer. On the 7th of August I saw Mason—the prisoner came up to him and asked him the reason that he called her husband a cuckold, and her a b—wh——he said he did not know—she said, "I wish to know," and he pushed her away with his hand—she had not hold of him—this was about twenty or thirty yards from the prosecutor's house—Mason was coming towards his house, and she went and met him—they walked along nearly close to one another—they were at high words, but I did not hear the purport—when they got to his door he pushed her on with his hand, followed her, gave her a kick on the ancle, and sent her down—I was standing at my door, which is nearly opposite—I saw the prisoner come up—he saw bis wife down—the prosecutor's wife and daughter ran out and pulled him in—the prisoner's wife followed to the door, and the prisoner went up to the door—he put his foot against the door—in the course of a few minutes Mason appeared with a staff or bludgeon, and struck at him—his hand caught on the prisoner's shoulder, and the staff dropped—the prisoner caught it, returned the blow, hit him on the high part of the forehead, and blood spirted from it—I saw no knife in the prisoner's hand.
COURT. Q. You mean to represent that the cut on Mason's forehead was made with a staff, and not a knife? A. I do—I had a child in my arms.
CHARLES WRIGHT . I am a master plumber, and live in Francis-place, Holloway-road. On the 7th of August I saw Mason grappling along with the prisoner's wife—she was saying he had been calling her and her husband improper names—after struggling a little while he kicked her on the shin, and threw her down on the pavement—the prisoner came up soon afterwards—he did not come up in time to see his wife on the ground—the was standing crying in the road—Mason went in-doors—the prisoner came down the street, and stood at the door till it was opened—Mason or some one else opened it, and I saw Mason with a stick about eighteen inches long—he hit the prisoner over his shoulder with it, and it dropped at the time—he picked it up, and hit Mason with it directly afterwards—I saw no knife in the prisoner's hand—I was close to him; it put me in mind of a regular Irish row.
JOHN POULTER . I am a baker, and live in Burnet-terrace. On the 7th of Aug. I saw Mason opposite our house scuffling with the prisoner's wife—he kicked her on the leg, and threw her down—she was picked up and taken away, and Mason was dragged into his own house—I saw the prisoner come up after his wife was up—he went and knocked at Mason's door, and asked what was the matter—Mason came to the door again, with a bludgeon, something like a policeman's staff, in his hand—I did not see Mason's daughter at that time—he made a strike at the prisoner with it, it bounded on his elbow, and fell out of his hand on the floor—I did not lee a knife in his hand, and I was close to the door at the time.
COURT. Q. In what state were Mason's clothes? A. There was blood on them down the front of his shirt—I did not see that they were torn—I did not see the prisoner's wife tear his clothes, and I saw the first of it—it began by the prisoner's wife accusing him of calling her a w—I did not hear him say anything—I saw them have a scuffle—the prosecutor's wife took hold of Mason by the collar, and in a few minutes he kicked her—he was trying to get away from her, and could not, by her holding—she was in a very great rage—I do not know whether she was drunk or not.
the prisoner into custody on the 1st of August—I told him I had a warrant against him—he said, "What for?"—I said, "For cutting Mary Ann Mason"—he said, "With what?"—I said, "I don't know, that is best known to yourself;" and I then said, "With a knife—he said, "I have had no knife, I never used a knife at all"—I said, "Will you come to the Court at twelve o'clock?"—he said he would, and he came—I saw the prosecutrix's head, it was a sort of scratch just on the forehead—the scalp was opened as if from a scratch—I cannot say whether it was done with a knife or a blow—I should say a round staff would not make such a blow—a staff is round at both ends.
GUILTY of an Assault. — Confined Two Months; and to enter into his own recognizance to keep the peace for Two Years.
2287. WILLIAM GRAY was indicted for burglariously breaking and entering the dwelling-house of John Rogers, about two in the night of the 18th of August, at St. Leonard, Shoreditch, and stealing therein, 171bs. weight of tea, value 3l. 8s.; 1 bag, 3s. 6d.; 1lb. weight of tobacco, 3s. 8d.; 60 pence, and 10 halfpence; his property: and 1 thimble, value 1s. 6d., the goods of Ann Rogers.
ANN ROGERS . I am single, and live with my brother, John Rogers, a grocer, at No. 14, Goldsmith's-row, Hackney-road, in the parish of St. Leonard, Shoreditch. On the 18th of August I saw every door fastened, and went to bed—next morning I got up at half-past five o'clock, found the kitchen door wide open, and five tea-canisters empty, by the side of the door, which were safe the night before, and had several pounds of tea in each—the panel of the door was cut out and the bolts drawn, so that anybody could get in—a bundle of linen was strewed on the floor, and some tobacco spilt in the yard, which had been taken from the shop—we missed about 10s. in copper from the shop, and about 12lbs. of tea—I found a box of lucifer matches on the parlour-table—the wall behind the house is about seven feet high—my brother informed the police—a pocket-handkerchief was left on the drawer—a bag which was found afterwards belonged to my brother, and had been taken from the parlour-cupboard—it had our tea in it—on the Thursday before, I had weighed a quarter of an ounce of tea for a child who asked for a wrong sort, and did not have it, and I put it back into the canister, and that was found in the bag of tea.
JOHN LEE (police-constable N 179.) I was called to the premises next morning, the 19th) of August—I found three pieces of wood in the kitchen—the door had been bored with a gimlet—five tea-canisters stood by the door, and there was a box of lucifer matches, and a handkerchief.
THOMAS AMSDELL (police-constable G 76.) On the 19th of August, at twenty minutes to five o'clock in the morning, I was on duty in Bath-street, Curtain-road, Shoreditch—I went to No. 3, Jane Shore-court, and in the top-room found the prisoner's wife—I did not find him there—I looked round the place, and found a bag under the bed—the prisoner afterwards said at the station that it was his room—I found 171bs. 2oz. of tea in it—I staid in the room some time, and the prisoner came there, followed up stairs by my brother officer, Dearman—I said to him, "Well, Gray"—he denied his name being Gray—I asked his business there—he said he had come to call a man named White, to go to work for a bricklayer, and the man who asked him to call him was then standing opposite Shoreditch-church, and that White lodged in the first floor of that house—I showed him the bag of tea, and asked if he knew it—he denied all knowledge of it—I took him to the station—I neither threatened or promised him—he said to the inspector, "I shall tell the truth; the fact is, I was awoke about half-past four o'clock in the morning, and saw the reflection of the fire in the City—I
went out into Shoreditch, and saw two men; one called the other Tom, and said, 'Old fellow, will you take care of this tea, we want to go and see the fire;' and they gave me 18d. to take care of the tea; my name is Gray;"—there was a fire at London-bridge that morning.
MART DONOVAN . I am the wife of Daniel Donovan, and attend Covent—garden market—I live at No. 4, Jane Shore-court, Shoreditch. The prisoner lives in the same court—I saw him about half-past four o'clock on the morning of the 19th, with a bundle, passing my door, going into his own door—nobody was with him.
Prisoner. Q. Did not you hear two gentlemen talking to me? A. I was not out of my bed-room—I heard a knock at my door, looked out, and saw you, and nobody else.
ANN ROGERS re-examined. I know this bag to be my brother's—it was taken out of the parlour cupboard, and had nothing in it when it was lost—the tea in it was packed loose—here is the quarter of an ounce which I had done up—it is very like my doing up—it is such paper and string as we use, and the quantity is the same—here are samples of tea in the shop, which correspond with what was in the bag—there was one canister of green, and two of black, one of mixed, and one of mixed dust—it is in layers, just as it is emptied out of the canister.
Prisoner's Defence. About half-past three o'clock I awoke; my wife was asleep; she was very timid at a fire, and I would not tell her; I got up at day-break, and, when I got to the top of the court, saw two men with the bag; they said, "Do you know where the fire is, young man?" I said, "No, I am going to find it out;" they said, "So are we, if we knew where there was a public-house open to leave this bag;" they did not say what was in it; they said, "If any one would mind it for us we would give them 18d. for their trouble, for two hours;" I said, "I live down the court, and will mind it;" I took it home, and went out to see the fire, thinking I should be back soon enough to give them the bag; when I returned the policemen were there; I thought I was in danger about the bag, and denied my name.
THOMAS AMSDELL re-examined. About a shilling's worth of coppers was found on him—I received information from Mrs. Donovan, whom I met in the street, which led me to the prisoner's house—it is about two miles from the prosecutor's.
GUILTY . †— Transported for Ten Years.
GUILTY . Aged 45.— Confined Six Months.
HENRY NOEL . I am a labourer, and live in Collingwood-street, Blackfriars-road. On the 17th of August, about half-pact eleven o'clock at night, I was going over Blackfriars-bridge, and saw the prisoner on the parapet, with her legs over—I said, "Are you going to drown yourself?"—she said, "What has that to do with you?"—I said, "You had better come back"—she directly came back, caught hold of some gentleman's arm that was coming over the bridge at the time, and went down Blackfriars-road with him—about half-past three, I saw her again on the same parapet—she had then thrown herself but some female had hold of her clothes—her apron was down on the stone that projects over the parapet—we got her over, and I fetched the police—she seemed to have been drinking a little.
three o'clock—I went up to the recess—the prisoner was then sitting down, apparently in a very exhausted state, and fainting—we brought her to—several people, there said they had saved her by pulling her back—when we got her a little way towards the station she made another effort to get to the parapet, and would have thrown herself over had we not prevented her—she clung round the coping, with both arms over—she appeared to be in a frantic state—she said she was determined to do it—she certainly had been drinking, but was far from being intoxicated—she talked very rationally in going to the station—she said at the station that she was an unfortunate girl; that she had had a child by a young man who had deserted her, and it was him, and him alone, that had caused her to attempt to do this—she said the child was dead.
Prisoner's Defence. I am very sorry for what I have done.
(The prisoner's sisters undertook to provide for her.)
GUILTY. Aged 25.—Strongly recommended to mercy. — Confined Ten Days.
OLD COURT.—Wednesday, August 29th, 1843.
First Jury, before Mr. Recorder.
GUILTY Aged 37.— Confined Twelve Months.
NEW COURT.—Monday, August 20th, 1843.
Fifth Jury, before Edward Bullock, Esq.
CORNELIUS GRIFFITHS . About 4 o'clock in the afternoon of the 18th of June I was in the Mall of St. James's-park—there was a crowd of about forty persons—Bennett told me something—I felt and missed my handkerchief from my right hand pocket—I bad one similar to this now produced—I cannot swear to it.
WILLIAM BENNETT . I am a carpenter, and live in Granby-place, Waterloo-road. On the l'8th of June I was in the Mall—there was a crowd there—I saw the prisoner standing behind the prosecutor, and saw him take this handkerchief from the prosecutor's pocket—he held it in his hand till the prosecutor caught hold of his collar, and then he threw it down—it was given to the policeman in my presence.
THOMAS POWELL (police-constable A 57.) This handkerchief was delivered to me with the prisoner—the prosecutor was by—I asked him if he had lost any thing—he said, "Yes, a handkerchief—I said, "Should you know it again?"—he said "Yes"—I said, "Is this your handkerchief?"—he said, "Yes, and I can swear to it"—he said the same at the station—this is the same handkerchief.
Prisoner's Defence. I never had it in my hand.
GUILTY .* Aged 17— Transported for Ten Years.
MR. PAYNE conducted the Prosecution.
February last I had an execution against Henry Baker—I lodged it against him on the 15th of June—about a quarter before eleven o'clock on that day I went to Wbitecross-street prison, in consequence of a message that he had been arrested—I saw the prisoner there—I made a communication to him—he caught me at the back of my collar, struck me on the head, and seized my watch-guard and watch, which was in my pocket—he did not get the watch from me—I struggled with him, and struck him under the chin—he immediately seized my hat—my handkerchief was in it, and it fell on the ground—he seized it, and pressed it in his bosom as it was falling down—the gloves were with it—the pocket-book was in my right hand coat pocket—he spoke to a person on the staircase, who knocked me on my head, and another came with a bowl of sawdust and rubbed it in my face—they pulled me into the ward—I am sure the handkerchief was put into the prisoner's bosom—the other men did not attack me till after he took the handkerchief—I saw the pocket-book about an hour after—I have never seen my handkerchief or gloves since.
Cross-examined by MR. CLARKSON. Q. What was the value of the handkerchief? A. From 2s., to half a crown—I was surrounded by about four persons—one of the tails of my coat was torn off—the pocket-book was brought before the governor—I did not hear the prisoner and another man cry out, "A rat, a rat, "before any thing was done—I have not been before the Magistrate to prefer this charge—the prisoner could not know what I was going to swear—I made a complaint in his presence to the governor—he said the punishment he could give them would not be sufficient—I have got warrants against the other men for assaulting and ill using me—I did not say to the prisoner that I had come to lodge a detainer against him at the suit of a man named Powell, and if he. would give me 5s. I would not lodge it—no money was named—I first saw him in No. 8 ward, about four seats from the fire-place—I was informed that there were two Bakers in the ward—I went to the inner gate, and found there were two—I asked some person to call Henry Baker—the man came out, and said, "There are two Henry Bakers"—I said, "I want the pipe-maker"—he went in, and said, "The man has hurt his leg, will you go in?"—I did not leave the detainer at the gate, because I am responsible, as I might lodge it against a wrong Henry Baker—it is necessary for me to see the person—the prisoner did not move out of the ward—I was indicted by a woman named Miles, in Tottenham-place, for an assault—I was acquitted—I gave her 2l. or 3l.—I did not pay the whole myself—I paid 2l., but she was to have 3l.—it was paid to Mr. Wolfe, the clerk to Mr. Flower.
MR. PAYNE. Q. Before you had been to the prisoner, did some other person pass himself off as the prisoner? A. Yes; which made it necessary I should see the right person.
SAMUEL BANDBY . I and the prisoner were in No. 8 ward when the prosecutor came in there—he spoke to Baker when he was going away—Baker went after him and pushed him—the prosecutor turned round, and said, "Don't be foolish"—then they hustled altogether, and went out of the ward—I saw the pocket-book close by the door in No. 8 ward on the right hand side at the top of the steward's table—I did not see it in the prisoner's possession.
NOT GUILTY .
CHARLES CRISP . I am in the employ of Thomas Marshall, a hosier, in the Quadrant. About nine o'clock on Thursday evening, the 6th of July, the prisoners came into the shop together—Mr. Marshall was showing them some handkerchiefs, and serving some customers—I went up to the prisoners and asked what kind of handkerchiefs they wanted—Barns said they wanted a small one for a boy's neck—I showed him two or three more, then Nares said none of those I showed him were the kind they wanted, there was one hanging in the window of the sort he wanted—I turned to the window, and, on looking round, I saw Nares take three handkerchiefs from the counter, and put them under his coat—I collared him and took the handkerchiefs, and gave them to my master—Barns then ran out of the shop—I immediately pursued, and called out "Stop thief"—he was caught—Nares was kept in the shop, and was given into custody.
Barns. You said at the Police-office you only took two handkerchiefs from Nares. Witness. I said there were only two pieces, but in one piece there were two handkerchiefs—while I was gone after you, Nares threw this other one from his pocket.
BARNS*— GUILTY . Aged 26.— Transported for Seven Years.
NARES— GUILTY. Aged 16.— Judgment Respited.
MR. HORRY conducted the Prosecution.
JAMES COMRIE . I am a house agent. The prisoner was my clerk—he was authorised occasionally to receive money—I made a valuation for Dr. Dickson, and agreed with him for 5l.—I applied to him for it—the prisoner did not dome for his wages on the Saturday night—he called on the Sunday, but I did not see him—on the Monday he said he had received the money—I said I should let justice take its course if the 5l. was not paid, I should not compromise.
Cross-examined by MR. PRENDERGAST. Q. Did he beg of you to compromise? A. No—I went before the Magistrate, and sent for my attorney—he, I, and the prisoner had an interview, and went to the Police-office—we all walked there together on the pavement, very near each other—the Magistrate heard the case, but the Magistrate, Mr. Maltby, declined the case in consequence of his not being given into custody of an officer—nothing was said about the prisoner being my partner—I believe Mr. Maltby only objected to his not being in custody—I afterwards applied for a warrant—I did not apply for one on the spot—we all went away then—he left me, and I Saw no more of him—I do not know that he got into business for himself—we did not have a dispute about letters—I had him taken into custody a second time for the same thing—Mr. Maltby advised me by all means to indict him, and said that would be the proper course—I might have received a message from the prisoner by the office boy, on Saturday night, that he had received the 5l.—he told me so himself on the Monday morning—I paid him, and a gentleman named Dunn, weekly wages of 15s., and I agreed that the profits of the business should be divided between the three—the 15s. a week was to be set out against them—there was no division—they did no business—I received 21l. from the prisoner on account of Mr. Hanson—I gave him 7l. of that, and
Dunn 7l.—they said they were short of money—that job was done in my own name, and at my office—I received 3l. from Mr. Grote, and it was divided between the three.
MR. HORRY. Q. Did the prisoner and Dunn introduce business? A. Yes, and it was on that I gave them the division.
NOT GUILTY .
TIMOTHY HURLY . On the 2nd of Jan. I was coming down Queen-street, Pimlico—I turned down Ranelagh-grove—I saw the prisoner and two more attempting to open the door of Mr. Cundey's house, No. 5, Ranelagh-grove—it is marked on the bill, "This house to let, inquire of Mr. Joseph Cundey"—about half-past eight o'clock in the evening of the 5th of Jan. I was coming from chapel along Queen-street—I saw the prisoner and two more close against M'Bride's shop, and Greeny went into the shop—the prisoner stopped outside minding some lead—M'Bride and Greeny came out, and went in again with some lead—they returned, and came down some little dark street at the side of the marine-store shop.
HENRY BARFOOT (police-inspector.) On the 7th I procured a search warrant, and searched the house No. 14, Queen-street—I found the copper and lead there—it was identified at this Court, in last Jan. Sessions.
NOT GUILTY .
GUILTY . Aged 18.— Confined Four Months.
2297. HENRY MACRUS was indicted for stealing, on the 3rd of July, 8 skins of leather, value 1l. 4s.; and on the 6th of July, 87 pairs of gloves, value 7l. 5s.; and on the 9th, 20 sheep skins, 1l.; 8 chamois skins, 10s.; and 24 pairs of gloves, 2l.; the goods of Henry Watts; to which he pleaded
GUILTY . Aged 54.— Confined Six Months.
FRANCIS SHOOLER (police-constable K 93.) I was on duty at the tee-total meeting in the Commercial-road on the 31st of July—I saw the prisoner in company with two others—the prisoner took a handkerchief from Mr. Thompson's coat pocket, and gave it to one of his companions—I took the prisoner—he laid down and cried—I found on him two silk handkerchiefs, but not Mr. Thompson's.
GEORGE ALEXANDER THOMPSON . I was at this meeting—I felt myself pressed, and turned round—the officer spoke to me, and I missed my handkerchief—I had had it not above a minute before—I have never seen it since.
Prisoner's Defence. I was going down the road; the officer said I bad been picking this gentleman's pocket; I had no one with me.
GUILTY. Aged 18.—Recommended to mercy. — Confined Three Months.
2299. ELIJAH EVANS was indicted for stealing, on the 21st of July, 12 pairs of socks, value 4s. 3d.; 2 wrappers, 1s. 3d.; and 1 canvass bag, 1s. 8d.; the goods of John Falshaw Pawson and another, his masters.
THOMAS BORRAS . I am warehouseman to John Falshaw Pawson and another, warehousemen, in St. Paul's-churchyard. At one o'clock in the afternoon of the 21st of July I had information, and went to a ledge in the back cellar—I gave information to my employer—I saw the prisoner go down two or three times during a half hour—I followed him into the street when he went out to the railroad with a parcel—I went to the Eastern Counties Railway station, and appeared as though I had made a mistake about the direction of the parcel—the prisoner and I went on the way home, till we got to Finsbury-pavement, and there I asked what he had got in his pocket—he said some pieces of rope and one or two other things—I asked him to take out what he had got in his pocket—he took out his handkerchief and some lunch, and said that was all—I put my hand into his left-hand pocket, and took out a dozen socks—I gave them to Mr. Stanley—I then told the prisoner to go on to St. Paul's-churchyard, and there I gave him to the policeman—he first said he had bought the socks, and then that he had found them in the sweepings of the dust.
WILLIAM STANLEY . I am warehouseman to the prosecutors. On the 21st of July I was in the packing-room, which is on the same floor as the washing-room, but there is a partition between the two—the prisoner was in the packing-room—I desired him to take a box to the Eastern Counties Railway—he said he wanted to go into the washing-room—he went, came back, then he took the box, and went out—I was directed to go with Borras after the prisoner—I spoke to him, and walked away home with him—I asked, on the way, what he had in his coat pocket, which bulged out so much—I said, "You must have a deal of rope there more than you want"—he then pulled out his handkerchief and his lunch—he went on to the Pavement—he was asked again, and pulled out the same things—Borras pulled out the socks—I went to his lodgings, in Memel-street—we found there two wrappers and a bag—they belonged to the prosecutor—the porters are not allowed to take away bags or wrappers under any pretence—on a wet night they might put one round them.
JOHN LANGTON . I am warehouseman to the prosecutors. These sacks are theirs—they were brought to me, saying they were found concealed—I marked one inside with my initials, and they were put back again.
Prisoner's Defence. I found the socks in the dust in the cellar—I took them up stairs to show to Mr. Pawson—he was gone to breakfast—I put them back—I was sent out, and had no opportunity of delivering them up—after dinner I was going to give them up—I could not see my master in the ware-house—I was sent out to Shoreditch station, and put the socks in my pocket—the bag I took out every day with goods.
GUILTY. Aged 29.—Recommended to mercy. — Confined Four Months.
EDMUND TOWN . I live at Twickenham. At half-past five o'clock on Friday, the 14th July, I was in the pen-fields in Hillingdon parish—the prisoner came up behind me on the footpath—I looked back, and did not take any notice of her—she began pulling me about, and feeling me about the pockets—she went about five more yards and turned back—I kept on the
road—a young man asked if I had not lost any money—I felt in my pocket and missed my purse, containing a half-crown, nine shillings, and three sixpences, which were safe ten minutes before.
PETER WRIGHT . I live at Uxbridge. About half-past five o'clock in the evening of the 14th of July, I was in Dr. Bedell's premises near where the prosecutor was walking—I saw the prisoner come running down the hedge, and she met a young man, and said "Look you here, you b—y b—; had you stuck to me, we could have drawed him before; I drawed him without his flinching a b—y inch"—she had some money in her hand—I had not seen the prosecutor before that, and had not seen the prisoner do anything to him—about two minutes after I saw the prosecutor, and asked if he had lost any money.
CHARLES JAMES MURRAY . I am a constable, of Uxbridge. The prosecutor gave me information about six o'clock—he described the prisoner—I went after her, and on the Saturday week the prosecutor brought her—she had absconded during the time.
JOHN SCOTNEY (police-constable T 180.) The prosecutor gave me information formation on the 22nd of July—he took me to a public-house, where was the prisoner and several others—he pointed out the prisoner, and said "That is the girl that robbed me of my purse and thirteen shillings."
Prisoner's Defence. He said he had been with several girls during the week—I was not away from the town.
GUILTY . Aged 22.— Confined for Six Months.
JAMES VERRIER . I am in the service of Charles Barrington Jacobs, a fruit salesman in Farringdon-market. About twelve in the morning of the 12th of August I saw the prisoner take a sieve of gooseberries—I asked what she was going to do with it, she said it was no business of mine—the walked off with them—I stopped her—she said she would go, and a lady had given her the price of them—I said she could not—my master came up and gave her in charge.
Prisoner's Defence. The gooseberries were outside—I asked the price—a man outside said they were 1s. 9d., but I should have them for 1s. 6d.—he said, "You can take them, and if there is not six quarts in it you shall have them for nothing"—I went on with them, and the man stopped me.
GUILTY. Aged 30.—Recommended to mercy by the Jury. —Confined
JOSEPH LINSBURY . I am in the service of John Mills and Henry Withers, Hosiers and glovers, in the Poultry. About nine o'clock at night, on the 22nd of July, there was a pile of hosiery inside the door—I saw them all turned over—I ran out and saw the prisoner and another woman running—I took the prisoner seven or eight doors off—we brought her back—I asked my employer if there was anything missing—he said "No"—the prisoner passed to the door—the policeman saw her putting something under her shawl, and stopped her—I afterwards saw the handkerchief—this is it—it is my masters'.
JOSEPH DEWS (City police-constable, No. 467.) I received the prisoner in the Poultry—the prosecutor said there was nothing missing, she might be discharged—she made a rush towards the door, and I saw her hand under her shawl in a confused manner—I then stopped her, and got from her this handkerchief.
Prisoner's Defence. I never saw it till it was in the policeman's hand.
GUILTY .* Aged 22.— Confined Six Months.
GEORGE HUSKINSON HANSON . About twelve o'clock, on the 20th of June, I was in St. James's-park—they were firing the cannon—I staid to look at them—a constable gave me information—I felt my coat-pocket, and missed my handkerchief—the policeman pointed out the prisoner about ten yards off—the policeman took him—this handkerchief was found in his trowsers—it is mine.
WILLIAM KEMBLE (police-constable A 106.) I saw the prisoner in company with another person—he followed the prosecutor across the parade, and I saw the prisoner take from his pocket this handkerchief—I told him, and took the prisoner—I found this handkerchief in his trowsers.
Prisoner's Defence. I picked it up.
GUILTY . Aged 20.— Confined Four Months.
NEW COURT.—Tuesday, August 22nd, 1843.
Sixth Jury, before Edward Bullock, Esq.
GUILTY .* Aged 17.— Transported for Seven Years.
GUILTY . Aged 38.— Confined Six Months.
GUILTY .— Transported for Seven Years.
SAMUEL HAYES . On Sunday, the 23rd of July, I was going home to Denham, between two and three o'clock in the morning—I laid down just over the bridge, about 100 yards out of Uxbridge, on the Denham side—I was sober, but was tired, having been up two or three nights—I had two handkerchiefs and a waistcoat, which I put down by my side—I had a little bag, containing eight shillings and three sixpences, in my left-hand trowsers' pocket—I am sure I had it safe when I laid down—I awoke, and the prisoner Warren had got his hand in my pocket—I had seen him several times before—I only know Clark by sight—I am sure Warren is the man—I told him he had got my money, and struck at him, and he struck at me again—Clark was standing on one side, within four or five yards—they then went up
into Uxbridge—I had been lying down for two hours—when I charged them with robbing me, they said they had not—where I was lying, I think, is in Denham parish, and I think it is in Buckinghamshire—it is about 100 yards from Middlesex—I am sure the prisoners are the two men—I followed them as far as the bridge, then went back after my hat, and saw my bundle was gone—I did not see that they had any bundle.
Cross-examined by MR. PRENDERGAST. Q. You cannot tell how far Clark was off? A. Three or four yards, not four or five—I thought of my bundle when I awoke, but I did not look for it at that moment—I was looking after my money—Warren took out my money, and bag and all—I found his hand in my pocket, and that awoke me—I did not lay hold of his hand, for he snatched it out—I struck at him, he struck me, and then went away—it was neither dark nor light—I have never seen any man like Clark since, but I knew him directly I saw him again.
WARREN. I did not strike you—I had a gallon of beer in my hand, and you came and drank out of the can—I said I had only 6d., and perhaps your money had fallen out where you had been lying, you had better go and look for it. Witness. Yes, but I did not go back to look—I knew you had got it—I went back for my hat, and you went off directly—I drank out of the beer that Clark had.
Warren. About two hours after, did not we go down the road to the same public-house for another gallon of beer, and overtake you just before you got to the public house; and you said, "Pull off that coat, it will just fit me"—we called the landlord up, and you went inside the house and drank part of a pint of beer while he drew the beer in the can—you never accused us of it, nor told the landlord—you drank part of the beer; and then said, "Good morning." Witness. I did not go inside the house—I did not tell the landlord—I told you, that was quite enough—I am sure it was your hand that I felt in my pocket—I did not say it was the other man's.
MR. PRENDERGAST. Q. Then, after he had his hand in your pocket, you drank some of his beer? A. Not his beer, it was the other young man's.
RICHARD ROADNIGHT (police-sergeant T 11.) I received information on the 23rd of July, and apprehended Warren—the prosecutor immediately identified him—Warren denied it—I apprehended Clark—I told him I wanted him for a robbery with Jack Warren—he said, "I own I was with him, but I did not rob any one—I was drunk and rolling about."
NOT GUILTY .
WALTER RICHARD WATKINS . I live in Bowl-square, Lower White Cross-street, and am a porter—on the afternoon of the 10th of August, I was going up Moorgate-street, and had a great coat and a wrapper inside my truck—a young man came, spoke, and I missed it—I went with him—the policeman had the prisoner in charge with it.
JAMES WILLIAM HUGHES . On the afternoon of the 10th of August, I was in Great Swan Alley which crosses London Wall—I saw the prisoner go behind the truck and abstract the coat—I told the prosecutor—I went round another way and caught him, with the coat on his arm—I gave him to the policeman, who came up almost as quick as myself.
Prisoner's Defence. I saw a young man run out of a court and drop the coat.—I picked it up.
GUILTY. Aged 18.—Recommended to mercy. — Confined One Month.
JOHN EYKE . I am a carman. The prisoner was in my employ for about six weeks—on the 15th of July he was employed with a horse and cart to remove furniture from Mr. Owen's, in Basinghall-street—he brought me 1s. 6d. for the job—I afterwards saw Mr. Owen, and in consequence of what he said, I called on the prisoner, and asked if he recollected doing a job on the Saturday night before—he said, "Yes"—I said, "How long was you?" he said, "One hour"—I said, "How much did you get for it?"—he said, "1s. 6d."—I said, "Did you get no more?"—he said, "Yes, 1s. for myself"—I said, "How came you to get 1s. for yourself?"—he said, "I don't know, the gentleman gave it me, and he would say so himself if he were here."
WILLIAM OWEN . I live in Tabernacle-square. I employed the prosecutor's horse and cart to remove some goods for me on Saturday, the 25th of July—we ascertained the time he had been employed was an hour and three quarters, and he said it would be two hours before he returned to his master's yard—I knew the charge was 1s. 6d. an hour—I objected to that, and tendered him half a crown, and he received it, saying he should receive none of that for himself—he said that by way of an inducement for me to give him something more—I gave him the half-crown for his master.
Prisoner. Q. When I asked the time, what did you tell me? A. A quarter to ten; my wife said you began to load the goods in Basinghall-street at eight o'clock.
Prisoner's Defence. When I took the cart, Mrs. Owen said it was half-past eight o'clock, and when I had done, he said it wanted a quarter to ten; he asked his wife if she had any small change; she said, no—he then said, "Here is half a crown, I consider that that will pay the job;" his wife said I ought to have something out of that; I said, "I am afraid not;" when I got home I found I had been only an hour, and I gave my master 1s. 6d., and kept 1s.
GUILTY. Aged 21.—Recommended to mercy. — Confined Seven Days.
2310. JANE PERRY was indicted for stealing, on the 18th of July, 11 yards of silk, value 10s.; 4 pieces of silk, 10s.; and 1 pair of drawers, 2s.; the goods of Amelia Davidson, her mistress: and WILLIAM PERRY for feloniously receiving the same, well knowing it to have been stolen.
MR. DOANE conducted the Prosecution.
AMELIA DAVIDSON . I am a widow, and live at the Windmill Inn, Bushy-heath. Jane Perry was my servant occasionally—she was employed as a charwoman on the 25th of July—not as a regular monthly servant—this property was in a drawer in my bedroom, whieh was not locked, but the room door was locked with one of Bramah's locks, and I always kept the key in my pocket—the room was opened sometimes—I gave the key to her to make the bed, and then she would have an opportunity of taking the property out of the drawer—I did not miss it till I saw her wearing this puce-coloured silk dress at my house, which was on the 25th of July—I knew it instantly to be mine—I did not say anything about it to her on that day—on the 27th I went and searched, and my pieces of silk were gone from my drawer—it was not made up into a dress when I lost it—I did not miss anything else in particular—I then sent for the prisoner, who was at work down stairs, and told her that the dress which she wore at my house on the fair day, the 25th, was made out of the silk that was left in my room—I said the dress was rather too short, and asked her who made it—she said she had made it herself, and bought the silk of a woman in Suffolk, but she did not know who she was—she
first said she bought it for 5s., and that it was lined with white silk, but she had sold the white for 3s., so that it had only cost her 2s.—I said I must know who the woman was, because I could swear to the silk—she then told me she had it from a person in Suffolk six or seven years ago—I offered to write to the lady—she objected to that, and did not give her name, but said she would write to her herself—I insisted upon her fetching the silk, as I could swear it was mine—my little girl and servant went with her to her home to fetch it—I pointed out some marks by which I knew it—I told her the consequence if the policeman was to know it—she then went to the policeman to see herself righted, and brought him with her—I afterwards went with the policeman to Mr. Hatton's, where I found a part of my property in the room where the prisoners slept—it consisted of a pair of drawers, a nightcap, and some other things now produced—these drawers are mine, and had been kept in a chest in the same room where my silk had been—my house is in the parish of Harrow-on-the hill.
HENRY WILLIAMS (police-constable S 260.) On the 27th of July the prisoner came to my house, and said Mrs. Davidson had got a silk dress of here, and she would have it back—that she had had it nearly ten years, and bought it down in Suffolk, and had had it made up by an old woman—I went with her and saw the dress—Mrs. Davidson claimed it—the prisoner said it was her own, and she had written a letter to the person who had made it up in the country—Mrs. Davidson then said, "Do not take her into custody, at she has written into the country; stop till the letter comes back"—on the following day, Thursday, the prisoner sent for me again, and said her husband had been making a fool of himself, by going down to Mrs. Davidson, and acknowledging that she had stolen the dress, but she had done nothing of the kind; and she said she would have the gown "back, as her husband was very much out of the way about it—Mrs. Davidson told me to take her into custody—this is the gown—the prisoner still claimed it—she lived at Magpie Hall—it is a house that is under repair—she and her husband were taking care of it—I took her at that house—I made a search there, and found this pair of drawers by the side of the bed where she slept—the prisoner, William Perry, was lying on the bed at the time—he was tipsy, and he did not say a word about them.
ELIZABETH SARAH FREWIR . I am a dressmaker, and live at Bushy-heath—I know the silk which this dress is made of—I have seen, it before—it belonged to Mrs. Davidson—it was in a cloak, and was sent to me to unpick—I unpicked it, and, to the best of my belief, this is part of it.
ANN HOPPER . I am a dressmaker, and live at Richmond-heath. I partly made up this dress for the prisoner, Jane Perry, by her direction—I went to her house to do it about six weeks ago—I have no doubt this is part of my work.
SAMUEL ELLIS (police-sergeant S 29.) The prisoner, Jane Perry, was brought into my custody on Saturday night, the 27th of July, and her husband, William Perry, was brought to the station the next night—they were kept in separate cells which joined each other—there was a partition between them—on the Monday morning, between four and five o'clock, I heard them talk together—the doors of their cells open into the charge-room—I was on duty there, and I could hear better than they could—I heard Jane say to her husband, "What have they brought you here for?"—he said, "I do not know; for some brass or something," (which was what he was in custody for at that time, and afterwards discharged and re-taken)—Jane then said, "You know nothing about them; she gave them to me"—she then said, "You will get off, but I shall go to prison, and perhaps be transported; if you get off, if I
go to prison, you will come and see me"—William Perry then said, "If I were not locked up in here, I would go to Mrs. Davidson, and ask her to forgive you; I know she would not appear against you"—Jane then said, "You told Mrs. Davidson that I took the gown; you must go to her, and tell her you was drunk at the time, and did not know what you said"—she then said, "I told the woman here that I would give Mrs. Davidson anything if she would not swear to the gown."
ELIZABETH ELLIS . I am the wife of a policeman. Jane Perry was brought in custody there on the Saturday evening—I found some keys upon her; and on the Sunday evening she said she wished to see Mrs. Davidson, as she would pay her 1l. and all expenses, sooner than she should take her oath to the gown, or appear against her—I said, was not that owning to a guilty knowledge—she said she would sooner go off with the scandal of it, than be sent to prison.
Jane Perry put in a written defence, stating that she had bought the gown eight or nine years ago, of Mrs. Bryanton, of Stradbrook, in Suffolk; that the other articles she had taken home to mend.
JANE PERRY— GUILTY . Aged 40.— Confined Six Months.
WILLIAM PERRY— NOT GUILTY .
2311. WILLIAM PERRY was again indicted for stealing, on the 23rd of July, 1 quilt, value 6d.; 1 inkstand, 1s.; 1 saccharometer and case, 10s.; 2 locks, 1s.; 2 table-cloths, 1s.; 2 towels, 4d.; 2 caps, 4d.; 1 finger-glass, 6d.; 2 printed books, 1s.; 1 basket, 2d.; 1 waiter, 2d.; the goods of Amelia Davidson.
JOHN KILBY . The prisoner took a room at my house on the 29th of July, he said he wanted to put some goods in and to come and live in it—he afterwards brought two bundles—the policeman afterwards took the same things away.
Prisoner. The things were found at my house—I did not carry them there, nor know that they were there—I never had an opportunity of moving them from Mrs. Davidson, and I was never about her rooms.
MRS. DAVIDSON. He was not, that I know of.
NOT GUILTY .
GUILTY . Aged 22.— Confined Three Months.
WILLIAM BROWN SAMS . I am a tailor, and live in Barbican—I had some remnants of cloth—these are them—I can swear to them by the private marks attached to them—they were taken, about a fortnight ago, from behind a pile of cloth on my counter.
Cross-examined by MR. BALLANTINE. Q. When had you seen this cloth? A. To the best of my recollection, on the day before I lost them.
5th of August, I was on duty in Barbican about seven o'clock—I saw the prisoner standing opposite the prosecutor's shop—I went into Bridgewater-square and watched—I lost sight of him—I came back, and when I got within a short distance of the prosecutor's shop, I saw the prisoner walk out with this roll of cloth on his arm—when he got to the corner of Red Cross-street, he looked back and saw me coming—he dropped the cloth and tried to escape down Red Cross-street—I followed and took him—a man took up the cloth and gave it me.
Cross-examined. Q. Did you know his person? A. Yet, I did not lose sight of him.
(The prisoner received a good character.)
GUILTY.* Aged 20.—Recommended to mercy. — Confined Six Months.
WILLIAM MACEY (City police-constable No. 26.) On the 3rd of July, about half-past eight o'clock in the evening, I was opposite Mr. Bumpus's shop, in Holborn—I saw the prisoner take a book from the stall board in front of the shop—he ran away—I pursued, and saw him throw the book away—I stopped him.
Prisoner's Defence. I stopped and read for some time, and all in a minute there was something the matter next door—I turned round with the book in my hand, and was instantly knocked down by these two policemen, and dragged into the shop—I had not gone away from the stall.
GUILTY . Aged 22.— Confined Twelve Months.
MR. BALLANTINE conducted the Prosecution.
THOMAS HICKEY . I have been a soldier in the Bombay establishment—I was invalided, and came home by the ship Carnatic, on the 1st of July—I met with a girl named Sutee, and went with her to a house in Red Lion Court, Poplar—I slept with her all night—I had not been paid off at that time—I received my money on Tuesday, the 4th of July, between nine and ten o'clock in the morning—the first thing I did then, was to buy a suit of clothes—I did not drink at all before I bought them—I went that evening to the Red Lion—I saw the prisoner there, and drank there—I do not remember where I then went to, for I was drunk—I did not come to myself for three or four days afterwards—I had received at the bank, on the Tuesday, 27l. 8s. 4d., which I put into my waistcoat pocket—I know I had my money safe at the Red Lion—I had five sovereigns in a belt, and the rest in my waistcoat pocket, and when I came to my senses some days afterwards, I had no money left.
Cross-examined by MR. CLARKSON. Q. Had you seen the prisoner before? A. On the first night I went to her house with Sutee—I do not remember giving her any money to save for me, nor her saying she had got 19l. 10s. of mine, and my saying it was all right—I do not recollect sitting with my arm round her neck in the station-house, and saying she should not go, I would not give her in charge—I was completely stupified with drink—I do not remember going into a pork-shop with her—I swear I did not give her 7l. in the shop to take care of—my landlady, Mrs. Tierney, gave her in charge—my comrade, who is gone to Ireland, told Mrs. Tierney that the prisoner had the money—it was on Tuesday evening I was at the Red Lion, and it was on Wednesday the prisoner was given in charge—I do not recollect her telling me on Wednesday that she had got 19l. 10s. of my money, and that she had put 11l. of it in charge of the pawnbroker, for fear she should lose it in the street, as she was so drunk herself—on the Sunday I was part of the day at the prisoner's with Sutee, and part of it at Mrs. Tierney's—I do not recollect Jones bringing me and another man into the house to drink on the Wednesday, nor Jones saying, "Let us have something for dinner," nor going with the prisoner to a pork-shop, and buying a loin of pork.
Q. Did not the prisoner then say, "Let us have some of the money," and did you not produce 7l., and count it into her hand? A. I have no recollection of it—I do not recollect saying, "No, I will keep it," and that she returned it to me, and said, "Well, keep it yourself"—I have no recollection of coming to London with her, or of buying some stockings for her in London, or of going with her to a cook-shop in Whitechapel to dine, or of inviting a friend whom I met in London to dine with us, or going with that friend to a public-house, and stopping there the best part of the afternoon—I have no recollection of going with the prisoner to a draper's shop, after our return to Poplar, and purchasing several articles for her; or her telling me that she had several things in pledge which she should like to have out, and showing me the tickets—I do not know Newby-place.
Q. When Jones and your landlady were together looking for a policeman, did you leave them and go into another public-house? A. No—my landlady and Jones got me in the Red Lion, without a coat, and then they gave the prisoner in charge—I have no recollection of the policeman following me into the public-house, or saying I would not go with him—I was quite stupified—I do not know what I said—I do not know whether I told the policeman I would not give her in charge—I do not remember the policeman saying I must give her in charge, or his wanting to take some money from her hand, which she refused to let him have; or going to him, and saying, "What are you going to do with that woman?"—I do not recollect that we were both pushed along to the station, or that when I got there I said to the policeman, "What did you bring us here for?"—I do not know whether I sat for a couple of hours in the station, while the prisoner was locked up, I refusing to give her in charge—they might have kept me in the station till I made the charge if they had liked.
Q. Have you been actually boarding and lodging in the prisoner's house ever since you made the charge against her? A. I have been to her house, to sleep with a girl—I do not suppose I have been there above four times since—I swear I have not been there twenty times—I do not think I have been there five times—I did not ask permission to live in her house—I would not live in the house—I have been to Newgate to see her, and represented myself as her brother—Jones has been to live in her house since she has been in prison.
MR. BALLANTINE. Q. How long have you been abroad? A. Sixteen years—I am thirty-four years old—I arrived on the Saturday, and got paid
on the Tuesday—I first saw the prisoner on the Saturday night, when I came on shore—from the time I left the Red Lion, till I recovered my senses, I do not know what occurred—I have been to her house since—it is a house of common reception for every one—I have paid for my bed and room—I have not been there at the prisoner's expense—the reason I went to Newgate was, the man who was acting as her husband decoyed me away when I was drunk; he brought me to this place, and said I wanted to speak to her; if I had had my senses about me I should not have done it.
EDWARD JONES . I got my discharge from the army on the 8th of May—I went to lodge at a house in Red Lion-court, Poplar—the prisoner was mistress of the house—I was told it was a lodging-house—women used to come there, but the prisoner gave me a room to myself—I was out all day—on the Saturday night the prosecutor came to the house with a girl of the name of Sutee—they came into the sitting-room—I did not see the prosecutor, after Sunday evening, till about half-past-six o'clock on the Tuesday evening, when he came in with the prisoner and another woman, who, I believe, sold fish—he had been drinking—I could not say he was drunk—he sat down on the bed—the prisoner sat on a chair—the other woman sat down close by the door—after some time the prisoner asked if he was going to send for anything to drink—he put his hand into his waistcoat pocket and pulled out two sovereigns, a half-sovereign, and two half-crowns—she called me as a witness, and I saw the money—I could not swear it was that money, but I saw it was gold—she went down, and brought up a pint of beer, a pint of cyder, and half-a-pint of rum—all the company drank together—I saw the prosecutor begin to fumble about his pockets, and I heard some money jink in his pockets—the prisoner said, "I think he has more money in his possession"—she got up, put her hand into his pocket, and took out fourteen sovereigns, and called me as a witness to take notice of it—the prosecutor was not very drunk then, not till after the prisoner went out again—she did not drink anything before she went out, or give him anything—I saw some beer, cyder, and rum poured out all together by Sutee—I could not say whether the prisoner poured any out—I only saw one tumbler handed to the prosecutor, and that was by Sutee—I only saw him drink out of that one tumbler after the money was taken from his pocket—he then threw himself backwards across the cot—the prisoner then went out, and returned in an hour and a half, as nearly as possible—I was in the room all the time—she had showed me the money in her hand before she went out, but she had not said what she meant to do with the fourteen sovereigns—when she came back she asked me to strip the prosecutor and put him to bed—I put him to bed—he went to sleep, and, the prisoner went out—it was then about half-past twelve at night, and she returned about half-past five in the morning—she then awoke him, and they both went out together—she asked him if he was going up to London to buy some things—he said yes; and when the prisoner returned she had some new things with her—she was given into custody about half-past five on Wednesday, I believe by Mrs. Tierney—the prisoner was at that time in a public-house—the policeman called me in, and pointed her out—he asked me whether that was the woman who committed the robbery—I said that was the woman who took the money from Thomas Hickey.
WILLIAM WOOD OGLEBY . I am in partnership with Mr. Francis. We are pawnbrokers, in High-street, Poplar. I had three rings belonging to the prisoner in pledge—she came to take them out the beginning of July—I cannot say exactly what week it was—she produced a sovereign—she then came into one of the boxes, called me aside, and asked if I would take care of 11l. for her—I asked how she came by it—she said she had been selling some
things as she was going to leave the court—I gave her a memorandum of it on the back of a ticket.
Cross-examined. Q. Are you quite sure she did not tell you she had been buying some things? A. No she did not—she was a little in liquor—she did not say she was so much in liquor that she was not capable of taking care of the money—there was some fish-woman along side of the prisoner which was the reason I took the money.
JOSEPH BEALE (police-constable K 252.) I apprehended the prisoner at the Green Dragon, in Poplar—I said she was charged with stealing twentyone sovereigns, one half sovereign, and two half-crowns—when she went to the station, she pointed to the prosecutor, and said, "That man gave me the money"—I saw she had some money in her hand, and asked her what she had got—she gave me 8s. 6d. in silver, and 1s. 4 1/2 d. in copper.
Cross-examined. Q. Who desired you to take her? A. The prosecutor—there was a woman with him at the time—he did not appear to be sober—he had not his arm round her neck, or her waist—he was in the street—his friend said she was in the Green Dragon, and I went in and asked the prosecutor if that was the woman who had robbed him—he said it was.
MR. BALLANTINE. Q. You say that some woman was with him? A. Yes, and Jones the witness—I believe it was the female spoke, and said the prosecutor had been robbed, and then I asked him if the prisoner was the woman who robbed him—he said "Yes."
CATHERINE BEALE . I am the wife of a policeman—on that Wednesday, I searched the prisoner—I found a ticket pinned in front of her gown—I said, "Here is a ticket pinned in front of your gown"—she said, "Yes, that is nothing, give it to me"—I could not read writing, and I said I would show it to the sergeant.
NOT GUILTY .
RICHARD STRANGEWAY . I am in the service of John and Richard Davies, drapers, Chiswell-street. About two o'clock in the afternoon, on the 7th of July, a young woman gave me information—I went into the street, and saw the prisoner walking quickly along, about twenty yards from the shop—I stopped her, and asked if she had not got a piece of plaid—she dropped it, and I took it from under her gown—I took her back to the shop, called in the policeman, and gave her in charge—this is the plaid—it is my employer's and had been placed at the door for sale.
Prisoner's Defence. The man came and asked if I had stolen a bit of print from his master; I said, "No;" he searched me and found nothing; he then picked up the plaid, and said I must have dropped it; I know nothing about it.
GUILTY . Aged 16.— Confined Four Months.
2317. RICHARD KEMP was indicted for stealing, on the 15th of July, 20lbs. weight of cotton yarn, value 1l. 16s., the goods of James Pearce. 2nd COUNT, stating it to be the goods of William Strutt, and others.
is agent to William, George, and Joseph Strutt, of Derby, and acts for them in London. On the morning of the 15th of July, at a little after eight o'clock, I was dusting the warehouse—two persons came in—one of them inquired for a situation, and he had been annoying me before for about a fortnight—I then began to sweep the pavement outside—one of the neighbours' young men came and told me a person had gone into the warehouse—I went in, and found the prisoner with two 10lb. bundles of cotton in his hand, stooping down behind the door—I was going to strike him, but missed him—I said, "What brought you here?"—he said nothing, but jumped up, and a scuffle ensued—he struck me several times, and we rolled out into the street together—he did not carry the bundles of cotton out, but he had carried them about five yards from the pile that they had been on to the door—they were the property of Messrs. William, George, and Joseph Strutt, of Derby, the manufacturers, and Mr. Pearce is the agent.
ROBERT WILLIAM MAY . I am porter to Mr. Fenwick, a linen-draper—I saw the prisoner go into Mr. Strutt's warehouse—I had seen him and another about there for half an hour before—I gave notice to Hughes—I assisted to take the prisoner.
GUILTY . Aged 17.— Confined Six Months.
NEW COURT.—Wednesday, August 23rd, 1843.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 39.— Confined Three Months.
GUILTY . Aged 60.— Confined Three Months.
2320. HENRY COLLINS and HENRY CARR were indicted for stealing, on the 22nd of June, 2 gallons of varnish, value 1l. 8s., and 1 tin can, the goods of Charles Furber; and 1 nest of drawers, 5s., the goods of Henry Poppleton Hitch, and fixed to a building.
JAMES DAVEY . I am in the employ of Charles Furber, of Pollet's-court, Gray's Inn; I was at a sale of furniture in the Commercial-road, on the 22nd of June; some fixtures were sold, and some were not—after the sale was over, Collins was going to take these drawers—he had removed them from the place where they were fixed into the shop—I said, "You shan't have them"—he said he had bought them, he had bought several other things—I do not know whether it was a mistake—it was done openly—I said, "Let them be till I ask Carr"—I asked Carr—he said they were bought, and he could not stop them.
Cross-examined by MR. CLARKSON. Q. The Judge admitted Collins to bail as soon as he read the depositions, did not he? A. Yes.
Cross-examined by MR. PRENDERGAST. Q. Did not the Magistrate say he did not very well like to send either of them to gaol? A. Yes, the landlord was not present at the time these things were taken—some man who was there interfered for the landlord.
JOSEPH COLE . I am a porter, and was at the sale. Collins wanted to take the drawers—there was a person there acting on the part of the landlord—he said that these drawers were not sold by auction, they were fixtures, and not to be removed—Davis asked Collins for his bill—he said he had not got it, that Carr had, and when Carr came, he said it was right, and Collins took the drawers.
Cross-examined by MR. CLARKSON. Q. Does not it happen that mistakes are made by auctioneers, as well as other persons, in things that are sold? A. Yes; but then they are always written in—a man named Britton bought one lot of goods.
NOT GUILTY .
2321. WILLIAM GRIFFITHS and JOHN LETHBORG were indicted for stealing, on the 13th of May, 58 caps, value 3l. 2s.; 168 cap tops, 2l. 10s.; 33 bands for caps, 3s.; 25 yards of gingham, 10s.; 1 3/4 yard of cloth, called worsted scarlet, 2s.; and 6 yards of worsted plush, 7s.; the goods of Robert Robins and others, the masters of Griffiths: to which
GRIFFITHS pleaded Guilty.—Aged 25. Recommended to mercy.
Confined One Year.
MR. CLARKSON conducted the Prosecution.
ROBERT ROBINS . I, my father, and my brother, are in partnership together, as cap-makers, in Houndsditch. We occupy five houses behind ours—Griffiths was our clerk and foreman for three years, down to the 8th of July—Lethborg came into our service about three years since, and left about the beginning of January—his wife had been taught the trade on our premises—on Saturday, the 8th of July, I received information which caused me to have inquiries made about some goods—I received a communication from Griffiths—I was not aware that Lethborg was the proprietor of any shop in the same line of business—I went to Lethborg's shop within an hour after I had received the communication, with two officers—I found there were caps there of what we call No. 132, and some we call naughts—Lethborg's shop is in Worship-street—I found him at home, and took him into custody—I told him it was for receiving stolen goods—I searched his premises, and found a number of cap-tops and other things—we purchase them in this state—we could not miss them, our stock is so very large—this worsted plush is ours—here is a piece of gingham that I believe to be ours—it has our mark on it—this other piece of plush I have no doubt is ours—I asked Lethborg who marked these things—he said he did—I asked for the pattern—he produced one, which was too large, and then he said he must have lost it—I asked if he could not tell me where he bought the gingham—he said he could not, but it could not be ours, it was commoner than we used—I examined, and found it was of the best quality we ever used, and is made for us—I asked where he bought the cap-tops—he said, "Of a man over the water"—I asked where—he said he could not tell, but he had been to his house—I asked where his house was—he could not tell—I asked whether it was near Southwark, Westminster, or London-bridge—he could not tell—I asked the name—he said he did not know—here is other property, which, from the appearance and trimmings, I have no doubt are ours—I never knew two houses that trim exactly alike—they all make a difference in the manner of trimming—there are some things here which I do not like to swear to—I believe the whole of the articles mentioned in this indictment to be ours.
Cross-examined by MR. BALLANTINE. Q. Who did you receive information
from? A. Our porter, named Charles, and then Griffiths spoke to me—I have not missed any portion of this property; I believe it to be ours, from its being similar to part of our stock, and bearing certain marks—we get this plush from Glasgow—it has the hand-writing of a cutter in our employ—the marks could not be made till it got to our cutting-room—Griffiths had access to every part of our premises—he might have waited on customers that came, but we did not sell any goods in London—this plush is worth about 6s.—we supply other shops in the country, but not in London.
MR. CLARKSON. Q. Had Griffiths any authority to sell goods to Lethbrog? A. No; Lethborg did not say he bought any goods of Griffiths, or of any one on our premises—he had no right on our premises after he left in January.
BENJAMIN STEDMAN . I was porter to the prosecutors for nearly three months—I left about six weeks ago—there was a person named Perceval in their employ—Griffiths was in the service at the time—Lethborg was not—the side gates of my master's premises lead into Cock and Hoop-yard—the gates merely lead into the yard for the reception of goods—on a Saturday morning, about eight o'clock, I was with Perceval and another person—it is about three months ago—something passed from me to my fellow-servant, and I went into Fire Ball-court to watch—there is a stair-case which leads to a door-way in Cock and Hoop-yard, and then to Fire Ball-court—I saw Lethborg come out of Cock and Hoop-yard, at the back of our premises—he had a bag on his shoulder—Griffiths came out of the same court directly after—I did not speak to either of them—they went by me—on the following Saturday I saw Lethborg up Cock and Hoop-yard, opposite Mr. Robins's premises—I said, if he did not instantly go away I would give him in charge—he said, "I do not know what you mean," or something of that sort; and then he said, "You will never see me here again"—he went away instantly——I did not see him again till he was in custody—I afterwards saw Griffiths on my master's premises.
Cross-examined. Q. Are you quite sure you said you should give him in charge? A. Yes, or else that I would send for a policeman—I swear I said either the one or the other—I am a carpenter, and work in Little Moorfields—it was a dark bag that Lethborg had—either blue or black—it might be canvas—I will not swear it was not a white canvas bag—it was nearly as big as a sack—it was on his shoulder—I cannot say whether it was quite full—I first communicated this fact to Griffiths on the second Saturday morning—I did not tell my employer; I told Charles, one of my fellow porters, about two months after—I was not in work then—my master sent for me and asked me about this, and I told him—there was no suggestion about my being prosecuted—Cock and Hoop-court is a private court—the door of the warehouse opens out into it.
WILLIAM PERCEVAL . I was in the prosecutor's employ when Stedman was there—on a Saturday I accompanied him to Fireball-court to watch—I saw Griffiths and Lethborg come by—Lethborg had a large bag over his left shoulder—I did not see where he came from—I first saw him in Houndsditch, between Cock and Hoop-yard and Fireball-court, coming in a direction from Cock and Hoop-yard—I went on the second Saturday—I have heard what Stedman has stated as to what took place on that day—it is true—I saw him speak to Lethborg—I afterwards went back with him to the premises.
Cross-examined. Q. What was the conversation which took place between Lethborg and him? A. He said if he did not go away he would give him in charge—I am certain the expression was "Give him in charge"—I cannot say
whether Stedman used the word "policeman"—I first spoke to the porter Charles about it a week or a fortnight after—I mean to swear I remember the word "charge" having been used three months ago.
CAROLINE SMITH . I am in the prosecutor's service as a cutter—these two parcels of plush are Messrs. Robins's—I know this piece by the mark C. P. which I put on it—this other piece I know by its being my cutting.
ANN SKINNER . I was forewoman to the prosecutors—these six Venetian plush travelling caps are my master's, and were on the premises a long time, being so badly made—I could not send them out to a customer—these two dozen velveteen caps I believe to be my master's—one of them is No. 132, and some we call noughts—these nine seal caps and velveteen plush caps I believe to be theirs.
Cross-examined. Q. How many of these have you braided? A. Some dozens.
JAMES WALBOURN . I am a manufacturer of cap tops, and live in William-street, Newington-causeway—I believe the greater part of these cap tops produced are my wife's work—I sell to no one but the prosecutors, but other persons might make the same mark.
JOHN GEORGE WADE (City police-constable, No. 623.) I accompanied Mr. Robins to Lethborg's premises—I brought away the prosecutor's property I have now produced—when the cab came Lethborg asked if we were going to take the property away—I said, "Yes," and him too—when we got to Norton-Folgate he made a kind of a sneer, looking round at the property, and said he could prove who he bought it of.
Cross-examined. Q. Was not his expression that he could bring parties to prove that he purchased the property? A. That might be his word.
—Copeland, a stay manufacturer; James Phillips, Bricklayer, Miles Head-court; and John Brenning, a musical instrument maker, gave Lethborg a good character.
LETHBORG GUILTY . Aged 23.— Transported for Seven Years.
2322. GEORGE NEWTON was indicted for stealing, on the 13th of July, one reticule, value 1s. 6d.; 1 pair of spectacles and case, 10s.; 1 apron, 2s. 6d.; 1 handkerchief, 1s. 4d.; 8 keys, 4s.; 2 sovereigns, and 1 shilling, the goods of Lydia Linkson, from her person.
LYDIA LINKSON . I am a widow, living at the White Hart, St. Martin's-le-Grand—on the 13th of July I was in Cheapside—I had a reticule on my arm, containing 2 sovereigns, a bunch of keys, a pair of spectacles, a banker's book, and some other articles—I got as far as Milk-street—the prisoner followed after me and cut my bag off my arm—he was close to my arm—no other person was near—he ran away—I took him and held him at the corner—a gentleman was passing—it was raining—he would not assist me—the prisoner struggled hard and I lost my hold—he went a distance up Milk-street—the policeman went after him and took him—in the struggle of holding him the string of my bag dropped from my arm—the policeman picked it up in the direction the prisoner had gone—it was part of the string with which my bag was fastened.
Cross-examined by MR. BALLANTINE. Q. Did you see any man cut the string? A. I felt him—I found my bag gone off my arm, and the prisoner was stooping—the moment he touched my bag I collared him.
COURT. Q. Was there any one close to you but the prisoner? A. No;
it poured with rain, and no other person was near me—I heard a person walking quickly after me, and he came and did it.
JOHN OWEN (City police-constable, No, 452.) I was on duty in Milk-street, and heard the cry of "stop thief"—I was four or five doors down—the prisoner came running—I said, "Halloo, young gentleman, what have you been at?"—he said, "I have only hit a lady in the face in Cheapside"—I drew him back, and he said the lady and gentleman had gone down by the side of the City of London School—I brought him back, and met a mob coming down hallooing" stop thief—I went back the road he had been running, and found these two strings about two doors down Milk-street—there was no one in the street but the prisoner at the time they hallooed "stop thief"—when I took him to Newgate he said, "Do not be harder on me than you can help."
Cross-examined. Q. You never stated that before? A. No—he wanted to go into a public-house, and 1 would not let him.
GUILTY .* Aged 18.— Confined Six Months.
2323. RICHARD COOPER was indicted for stealing, on the 10th of July, 1 bag, value 6d.; and 80lbs. weight of coffee, 6l. 3s.; the goods of John James Noyes; and JOHN CLIFFORD , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JOHN JAMES NOYES . I am a grocer, and live in Finsbury-place, St. Luke's. About ten o'clock in the forenoon of the 9th of July, I lost a bag of coffee from my shop—it contained 80lbs.—on the following Wednesday the policeman came to my shop—this is the bag of coffee.
GEORGE TREW (police-constable H 125.) At half-past ten o'clock on Monday, the 10th, I went to Clifford's house—I saw him in the shop—I asked him if he had not had a bag of something brought there—he said, "No, I have not"—I said, "Yes, you have, it has been brought in a cab "—he said, "No, I have not"—I said, "It is no use your denying it, I am too well acquainted with the facts"—he keeps two shops—he took me into his marine-store shop next door, and I found underneath the counter this bag of coffee concealed, covered with a potato sack—I then took him into custody.
THOMAS MALIN (police-constable H 74.) I took Cooper—I said I wanted him on suspicion of stealing a bag of coffee, and bringing it to Clifford's house—he said he knew nothing about it, he was in bed at the time.
CHRISTOPHER CHAPMAN . I drive a cab, and live in Wittam-gardens, Hoxton. On Monday morning, the 10th of July, I was on the stand at Moorgate—a person, I do not know, hired me to go to Fashion-street, Spitalfields—I went to take up, a little way down North-crescent, towards the Roman Catholic Chapel—a man, who I believe to be Cooper, put in a bag just by Bass's livery-stable, and I immediately drove to Fashion-street—Cooper got into the cab with the bag—the other man bid him good morning—when we got to Fashion-street he put his head out, and said, "Drive down Rose-lane"—I could not get down, there was a truck in the way—Cooper got out and went down a little way, came back, and took the bag—I could point out the house—it was about four doors down Rose-lane, out of Fashion-street—there Cooper left it—he came back and paid me 1s.
Cooper. The Magistrate asked, could you swear to me; you said, no; the man that hired the cab had a waistcoat and sleeves; I had a cap on. Witness. To the best of my belief you are the man.
Cross-examined by MR. WILDE. Q. Did not Clifford tell you the bag had been left for Mr. Samson? A. Yes—I know Samson lives in Fashion-street—I do not know where he is—I have not looked after him.
NOT GUILTY .
THOMAS BUSBY . About half-past ten o'clock on the 9th of July, I was walking in Titchfield-street—the prisoner was walking slowly—I passed him—I found him then walk faster—I felt a tug behind—I turned, and missed my handkerchief—I turned—the prisoner was standing against the railings,—directly I approached him he threw the handkerchief down the area, and ran off—I did not lose sight of him—the handkerchief was taken up, and it was mine—there was no person within twenty yards but him.
JOHN SIMS HANDCOCK (police-sergeant E 12.) I saw the prisoner running, and the prosecutor after him—I ran and caught him in Great Portland-street—I went to where they said the handkerchief was thrown down, and found it.
Prisoner's Defence. I heard a person hallooing out—I ran, and the policeman stopped me.
WILLIAM PARSONS (police-constable D 182.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person.
GUILTY . Aged 18.— Transported for Ten Years ,
EDWARD CLOW . I am in the service of William Hendrey, of Smart's-buildings. I went to a house of his on the 13th of July, and the gutters on the roof were gone—I had been up two mornings before—the gutters were tbeo safe.
Cross-examined by MR. PRENDERGAST. Q. When did you see it safe? A. There had been a great deal taken on the 10th and 11th, but the part the prisoner is accused of taking, was safe on the 12th.
JOHN SUMMERS ELLIOTT . On Wednesday night, the 12th of July, between eleven and twelve o'clock, I looked out of the window, and saw another young man taking up the tiles, and the prisoner was rolling up the lead—I am sure he was the man—he had a white jacket on—I staid looking at him for ten minutes.
Cross-examined. Q. You did not know him before? A. No—it was a moonlight night—I was about four yards from him—the roof is about eighteen feet below the room I was in—the prisoner was stooping, rolling up the lead.
( Witness for the Defence.)
WILLIAM WALL . I am the prisoner's father, and live in Great Earl-street, Seven-dials; the prisoner is manied, and lives in Queen-street. On the night of the 12th of July we worked till nine o'clock, and we had our tea—he said he should like to have a pint of beer—I saw him in-doors till half-past
eleven, and then he went home—I left him in company with his own wife, and saw him go into his own house.
NOT GUILTY .
2326. HENRY CLARENDON was indicted for stealing, on the 6th of July, 2 bottles, value 6d.; 4 drms. of bergamotte, 1s. 6d.; 1 oz. of essence of ginger, 1s. 3d.; and 1 piece of leather, 9d.; the goods of Isaac Churchyard, his master.
ISAAC CHURCHYARD . I am a chemist, and live in Park-terrace, St. Mary-lebone; the prisoner was my servant. Between eleven and twelve o'clock, on the 6th of July, I had occasion to go into the warehouse—oh removing a basket which the prisoner was in the habit of keeping some things on, I found a leather parcel—I called the prisoner and asked what it was—he hesitated some time, and then said it was wax—I desired him to open it, which he at last did—I found in it these bottles and the essences—he then said he had merely taken them for making ginger-beer—I asked, how he came to take them—he said he did not think there was any harm in taking them, he should have paid for them on the Saturday night.
GUILTY . Aged 24.— Confined One Month.
2327. SAMUEL LILEY and THOMAS BARNES were indicted for stealing, on the 17th of July, 40 sounding-boards, value 2s. 6d., the goods of Henry Tyler; and that Liley had been before convicted of felony; to which
LILEY pleaded GUILTY . Aged 15.— Transported for Seven Years ,
JOHN SELLICK . I am a carpenter, in the service of Henry Tyler, and live in Praed-street. I left some boards safe at a house in Westborae-terrace, at half-past five o'clock on the 17th of July—I missed them the next morning—these are them—I believe them to be my master's.
WILLIAM HIGGIN BOTTOM. At half-past eight o'clock in the evening of the 17th of July, I met the prisoners at Westburn-terrace, with some hags on their back—I asked what they had got—they said some wood they got at West-burn-terrace; it was thrown out with some shavings—Barnes had eighteen of these boards, and Liley had the rest.
Barnes's Defence. I was coming along, and Liley asked me to mind them for him.
BARNES— NOT GUILTY .
2328. ROBERT GLANVILLE was indicted for stealing, on the 20th of June, 8 pairs of shoes, value 30s., the goods of Samuel Salter, his master.—2nd COUNT, stating them to be the goods of Aaron Hart and another.
MARY SALTER . I am the wife of Samuel Salter, a shoemaker, in Wey-mouth-terrace; the prisoner was in our service for about three weeks. About ten o'clock en Tuesday, the 20th of June, I gave him eight pairs of shoes to take to Mr. Hart—he never returned.
HENRY MATTHEWS . On the 20th of June the prisoner came home to his lodging, about ten o'clock in the morning, with a bag containing six or eight pairs of shoes—I went up stairs to put my coat on—he went out, and came back in three quarters of an hour with his coat off, and went out—I saw no more of him.
Chatham barracks—I said I had a warrant to apprehend him for stealing eight pairs of shoes—he said, "I don't know a person named Salter, I know Salthouse."
Prisoner's Defence. I left on the Monday; I was not near the place on Tuesday.
GUILTY .** Aged 18.— Transported for Seven Years.
WILLIAM KINTG . I lodge at Gerrard's-hall, Basing-lane. About twelve o'clock on the night of the 12th of July I was accosted by the prisoners—they said they had a house of their own, and wished me to go with them—I found it was not their house—a party came in and wanted some money for the room—I could not give any, and then they took my coat—this is it—there was a handkerchief in the pocket.
SARAH BROWN . I lodge at No. 9, Plumtree-court. The policeman came to our house, and asked for Jane Jones's room—she was not at home—he went into her room and found the coat—one of the prisoners used to lodge with Jones, and come to see her.
Robinsons Defence. He went home with us, and gave Matthews 1s. to get drink, and when she came back we asked what money he was going to give—he said he had none, but he would leave his coat till the morning—we were two hours with him, and then he wanted his coat back.
NOT GUILTY .
GUILTY . Aged 38.— Confined Six Months.
2331. FREDERICK JOHN WILBE was indicted for stealing, on the 3rd of July, 12 shirts, value 2l. 10s.; 3 pairs of drawers, 10s.; 4 handkerchiefs, 6s.; 4 pairs of trowsers, 1l. 12s.; 4 waistcoats, 1l. 10s.; 7 collars, 5s.; 2 pairs of stockings, 4s.; 6 pairs of socks, 8s.; 2 shifts, 15s.; 4 bedgowns, 10s.; 9 petticoats, 17s.; 1 cap, 4s.; 3 towels, 3s.; 2 table-cloths, 2l. 12s.; 4 napkins, 12s.; 9 frocks, 2l. 8s.; 6 pinafores, 6s.; 2 pelisses, 1l.; 1 box, 3s.; 1 sovereign, 1 half-crown, 2 pence, and 1 halfpenny; the property of John Blogg: and 1 shift, 2s.; 2 pairs of stockings, 3s.; 1 gown, 6s.; 2 caps, 3s.; 1 handkerchief, 1s.; and 1 collar, 2s.; the goods of Eliza Randoll: to which he pleaded
GUILTY . Aged 18.— Confined Nine Months.
GUILTY . Aged 21.— Confined Six Months.
sent him for some money to Mr. Saunders—he owed me 14s. 6d.—he did not bring me any money—I asked him for it on the Tuesday, and he denied it, and on the Wednesday he owned it.
Prisoner's Defence. I went out to night-work, and lost the half-crown; I came to work on the Tuesday and on Wednesday I told my master I had received it, and would pay it on Saturday.
GUILTY . Aged 21.— Confined One Month.
EDWARD FOXWELL . I live in Judd-street. At seven o'clock in the evening, on the 8th of July, I had seven handkerchiefs outside the door—I missed them at a quarter after seven—the two prisoners were taken—I have examined these handkerchiefs—they are mine, and have my private marks on them.
THOMAS TOWNSHEND . I was in Judd-street on this evening, and saw the two prisoners twenty or thirty yards before I got up to 'them—I saw the ends of the handkerchiefs hanging from underneath Barton's shawl, and when I got up she dropped them—a young man who was following them from the shop, said, "You see that?"—I said "Yes"—we went as far as New St. Poncras church before we saw a policeman—Barnett said, "You can't prove any thing against us, because you don't know who dropped them."
Barton's Defence. I was walking down Judd-street; the man came and asked me to go back to the shop; I said I would not; then he turned round and said, "Here they are; the tall one dropped them; you are not the first one we have transported; we will transport you if we can."
BARNETT— NOT GUILTY .
BARTON*— GUILTY . Aged 18.— Transported for Seven Years.
2335. WILLIAM STANFORD was indicted for stealing, on the 1st of May, 1 watch, value 3l. 10s.; also, on the 2nd of Aug., 1 watch, 3l. 3s.; the goods of Robert Debenham and another, his masters; to both which he pleaded
GUILTY . Aged 17.— Transported for Seven Years.
(There was another indictment against the prisoner.)
2336. GEORGE WILLIAMS and ROBERT SMITH were indicted for feloniously breaking and entering the warehouse of Alexander Rattray, on the 22nd of July, and stealing 221 knives, value 6l.; 219 forks, 3l.; 180 spoons, 2l.; 168 rules, 5l.; and 48 pairs of scissors, 2l.; and that they had been before convicted of felony: to which they both pleaded
GUILTY .— Transported for Ten Years.
JOHN EATON (police-constable S 193.) At half-past two o'clock, on the 10th of July, I was in plain clothes in the City-road—there was a procession of the Old Friends—I saw the prisoner and another trying a great many pockets—the prisoner put his hand into a man's pocket, took out this handkerchief, and put it under his jacket—I laid hold of him, and he was very violent—in going to the station he dropped these four other handkerchiefs.
from a man's pocket—I took him, and with one of his hands he pulled out this other handkerchief—the other four dropped from him on the way to the station—he said he bought them in Petticoat-lane—the gentleman would not give his name.
Prisoner's Defence. I was going to look at the procession, and this man took me.
GUILTY .* Aged 20.— Confined One Year.
ROBERT MAYS . I am the brother of John Mays—the prisoner worked for me—I had this horse safe on Saturday night, the 30th of Jan., 1842—on Sunday morning I went to the stable, and it was gone—I found it again the same day in Fulham-fields—it was my brother's.
Prisoner. This man knew I was in the country at that time; I used to send letters to him. Witness. No, I did not.
JOHN GREEN . On Sunday morning, the 31st of Jan., 1842, between six and seven o'clock, the prisoner came to me with a grey horse, to know if I could put him up to bait—I put it in the stable at the Greyhound, Fulbam-fields—I was there when the prosecutor came to own it—it was the same horse.
JAMES LIGHT (police-constable B 128.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person.
GUILTY . Aged 19.— Transported for Ten Years.
Sixth Jury, before Edward Bullock, Esq.
MR. DOANE conducted the Prosecution.
EDWARD FOSTER . I am an auctioneer, in partnership with my son, in Greek-street, Soho. Burrows was occasionally in my service as porter for many years, but very little during the last two years—I had a warehouse in Rose-street, Greek-street—the property stated was there—these are two of the plates—the vases have been found, but have been disposed of since they were redeemed from the pawnbroker—these plates are valued at eight guineas a-piece, which was the value set on them by the person who placed them in our hands for sale—they are Sievres china.
Cross-examined by MR. PRENDERGAST. Q. Is this warehouse an upper floor? A. I think it is the second story—we had only one story—the door was found open in October last—it was a side partition, which had been a door, and that was forced open—I do not remember the door being left open.
JOHN POOLE . I am shopman to James Bassett, a pawnbroker, in Great Queen-street, Lincoln's-inn-fields. In Feb. Brown pledged eight plates and a vase at our shop—these are two of the plates—I lent four guineas on them—the other plates were redeemed by Mr. Foster—she also pledged two vases for 2l.
JOHN KEY . I am a furniture dealer, and live in Crown-street, St. Giles's. The prisoners occupied apartments in my house from about the 1st of Aug. till the beginning of last March—they lived together as man and wife—he represented himself as porter to Mr. Foster.
BENJAMIN WHITTAKER . I am clerk to Mr. Evans, of Lincon's-inn-fields, and live in Felix-street, St. Giles's. The prisoners took a room at my house in March, and lived there till the latter end of May—they left without notice.
FREDERICK SHAW (police-sergeant A 29.) On the 28th of May, in consequence of information, I went to Whittaker's house—I there saw Burrows—I asked to see his wife, Mrs. Burrows—he said she was not at home, and directed me to call in half an hour—I did so, and found that they had left.
EDWARD FOSTER re-examined. Burrows was not, in our employ when we had this warehouse;—he would know we had it from his living in the immediate neighbourhood—I found the other six plates and two vases.
NOT GUILTY .
EDWARD FOSTER. I am in partnership with another, we are auctioneers, in Greek-street, Soho. Burrows had been our porter—this glass was in the same warehouse with the other things—on the clerk's taking stock in April, I found it was gone—I saw it again at Bassett's the pawnbroker's—I redeemed it—it is worth 9l.
Cross-examined. Q. It has no particular mark on it? A. No—I have seen it many times, and have no doubt about it—it is a carved wood frame, and it is not a very common pattern—I saw it again early in June—it was in pledge for 8l.—it could not be bought under 16l. or 18l.
MR. DOANE. Q. Have you missed a glass which corresponds in size and dimensions with this? A. Yes.
Cross-examined. Q. When had you seen it? A. It was there on the 14th of January—I believe this to be it.
GEORGE SHEPHERD . I am a porter; I was formerly in the prosecutor's service. I took this glass to Rose-street several times from Pall-mall, and back again—it was there safe when the warehouse door was found open—it was standing across the door at the fall of last year—this is the glass.
Cross-examined. Q. Has not the door been found open more than once? A. Not to my knowledge—we generally took the glass in a van—I am almost certain it never was carried by hand.
MR. DOANE. Q. When the door was open did you make an examination? A. I did not, but I saw the glass there then.
MARGARET GREEN . I am the wife of Thomas William Green, a cabinetmaker, in Crown-street, St. Giles's. From the 10th to the 13th of April last I was in my shop, between nine and ten o'clock in the morning—I saw two men carrying a glass—to the best of my belief, Burrows was one of the men—I have no hesitation in saying it was this glass—they were coming down Crown-street, in the direction of the Seven Dials, as if they had come from Rose-street—they crossed over towards Phœnix-street.
Cross-examined. Q. There was no cover over the glass? A. No—they were stopping, either to consider which way they should go, or to rest, right facing our house for about a second, not more—Burrows was on the off side, towards the road, and the other on the pavement—the prisoner's face was towards the shop—I cannot say whether they went down Phœnix-street—I did not see them come out of Crown-street—I should not have noticed them, only my little boy said, "Father, here is a beautiful glass," and then I looked—I did not keep it long in view—they went in a direction to Tottenham Court-road—I did not know that I noticed the male prisoner enough to know him again, but when I was taken to see him again I knew him—I knew him by his hard features—I told the officer when he came that he was a man with hard features and a high forehead—I described the clothes—he had a short jacket on—at the office he had not got the same coat on—there were several more there, and I knew him among the rest—I told one of the men he was a hard-featured man, and was pock-marked—the policeman came and asked if I saw a glass pass by about three weeks before—I said I did, and took particular notice of it.
Cross-examined. Q. I believe you gave them notice? A. Yes, but he took no notice of it—he stopped about three weeks after I gave him a week's notice.
CORDELIA HARRIS . My husband is a waiter at a tea-gardens—I live at Whittaker's house, in Phœnix-street. On Palm Sunday, the 9th of April, I was coming up stairs—the prisoner's little boy was at their room door, which was open—I asked if he was going to church—I saw a looking-glass in the room like this.
Cross-examined. Q. Were you not intimate with the prisoners? A. No—they never lent me money—I did not see any thing brought into the house—I live in the back attic, on the same floor as them.
ELIZABETH NIXON . My husband is street-keeper at Essex-street—I live on the second floor at Mr. Whittaker's, in Phœnix-street. On the 10th of April I saw a glass go down stairs, covered with a sheet or wrapper—Burrows and another man were carrying it—I swear Burrows was one of the men—the man had a broom-stick, and slung it on bis shoulders—Brown said to me, "I am very glad it is gone; I was much afraid it would be broken; it is a glass my husband bought for a gentleman, and it is going into the county" she hadher bonnet and shawl on, and went out.
Cross-examined. Q. Have you been intimate with them? A. No—I never saw the glass naked—Brown said it was a glass—I had never been in the room—it went down Phœnix-street and Stacey-street, not into Crown-street.
JOHN POOL . I am shopman to Mr. Basset, a pawnbroker, in Great Queen-street. On the 10th of April Brown pawned this glass for 8l.—two men brought it to our shop—to the best of my belief, Burrows was one of them—they put it into the passage, and went away directly—Brown pawned it.
Cross-examined. Q. How many times have you endeavoured to recognise Burrows? A. Only once at Bow-street—I did not say I did not know him—the two men came into the passage—I was standing at the window, and my opportunity of seeing them was just as they came into the passage from the street—I have never expressed a doubt as to Burrows, or said I thought he was the man—I will not say positively he was the man.
BURROWS— GUILTY . Aged 50.— Transported for Seven Years.
BROWN— NOT GUILTY .
(There were two other indictments against the prisoners, on which Mr. Doane offered no evidence.)
2341. MARY MURPHY was indicted for stealing, on the 3rd of July, 2 sheets, value 5s.; 1 pillow, 2s.; 1 pillow-case, 1s.; 1 pair of tongs, 6d.; 1 pair of snuffers, 3s.; 1 plate, 1d.; 1 knife, 1d.; and 1 fork, 1d.; the goods of Elizabeth Tilsed.
ELIZABETH TILSED . I am a widow, and live in Baltic-street, St. Luke's. On the 3rd of July, the prisoner and her husband took furnished lodgings of me—they left on the following Saturday, and on Monday, I went into the room and missed the things—this sheet is mine, and was let to them with the lodging.
JOHN SMITH (policeman.) On the 12th of July, I took the prisoner—the was sitting by Mrs. Hayward—Mrs. Hayward, who is not here, gave up three duplicates to the inspector, and said she found them on the prisoner.
NOT GUILTY .
2342. CHARLES AMBROSE was indicted for stealing on the 16th of Aug., 1 sauce boat, value 5l.; 3lbs. weight of candles, 6s.; 1 pint and half of wine, 2s.; 1 pint of beer, 2d.; 2 bottles, 3d.; and 1 brush, 1s.; the goods of Dame Jane Carr, his mistress, in her dwelling-house.—2nd COUNT, stating them to be the goods of Jane Carr.
GEORGE KENT . I am footman to Lady Jane Carr—she is a widow—her house is in the parish of Ealing—the prisoner had been in her service three weeks—I was present about two o'clock, on the afternoon of the 16th of Aug., when the housekeeper gave him warning—he then left—I was afterwards sent for by Miss Perceval, and directed to take charge of the plate—I went to the pantry, and saw the prisoner in the act of putting a silver sauce boat into his box which he was packing up—I said, "Good God, what are you about?"—I took it from him, and put it in its proper place in the pantry—the bell rang, and I left—after I had answered it, I went back to the pantry—he was there still packing up—I remained with him till he had finished—the sauce boat belongs to mistress, and was in a closet across the pantry—this brush is hers—the policeman found that in the prisoner's box—its proper place was in a drawer in the pantry—there were four of these sauce boats left out for dinner.
Prisoner. Q. Did I not say, "George, let us see about the plate before I go?" A. I do not remember any thing about it—I do not believe you knew what you were doing, or had any idea of stealing them, and you were drunk, which was the reason of your being discharged.
JOHN PASCOE . I was sent for to Lady Carr's, in the afternoon, and searched the prisoner's box—I found a quantity of ends of candles, a bottle of wine, a bottle of beer, and about the middle of his box about 3lbs. of sperm candles—he said he knew nothing about them—neither had he put them there—in taking him to the station, he said it served him right, he should have left when he had an opportunity, and then he would have been all right—he had been drinking, but knew what he was about—he said before the Magistrate that he brought the candles from his last situation.
EDWARD PICKIN (police-sergeant.) I was present when the prisoner's box was searched—in consequence of information, I searched his box afterwards, and found this plate brush in it—he said had he gone away when he had an opportunity it would have been all right with him.
JOSIAH FRIAR . I am bailiff to the prosecutrix—this is her own house—I was directed to pay the prisoner his wages—he would not accept of the wages due unless I paid him a month's wages—I sent for a policeman—I saw these candles taken from his box, and the wine and brush—I have every reason to believe they are Jane Carr's—there is no mark on them—I had not seen them there before—they are given out every day.
Prisoner's Defence. On the Monday the beer came in, I had rather more than I ought, which made me rather angry as I could not wait at dinner, and during dinner I broke a bottle of port wine; the next day I got notice to leave, and did not know what I was doing; I had no lock or key to my box; I had no more knowledge of these being there than a child, or I should not have asked the witness to see that the plate was right.
GUILTY. Aged 42.—Recommended to mercy by the Jury.
Confined Twelve Months.
HARRIET PIGGOTT . I am the wife of John Piggott, and live in New North-street, Finsbury-square. I knew the prisoner two years ago, and she went to reside with her friends in the country—she returned on the 22nd of June, and staid nine days with me—she was in the kitchen, and I told her to set the table for dinner—I had three sovereigns, one half-sovereign, two half crowns, a sixpence, and a ring in the drawer—about half-past two o'clock in the day I left the keys in the drawer a little while—I went into the back kitchen to wash—I returned, and took the keys out—I did not look whether my money and ring was then safe—I went out to hang out my clothes, and left no one in the house but the prisoner and the servant—when I retained the prisoner was gone—I went to my drawer about half-past five, and mined the money and ring—I had a good way to go to hang my clothes out—I might be gone an hour and a half—this is my ring and locket—on the 16th of July, I and a friend met the prisoner in the City-road—we accused her of the robbery—she said she was sorry she had done it—I said, "So am I, Eliza, I did not think you would have done it"—she said, "Nor did I, will you forgive me"—she took the ring off her finger and gave it to me—my daughter keeps a lodging house—she lives with her husband—she has not lived in West-street for some time—I do not keep a house of accommodation.
JAMES HAYWOOD (police-constable.) The prisoner was brought to the station, charged with stealing three sovereigns and other money—she said she had only stolen two sovereigns and a-half and this ring, but she was very sorry for it—the ring was given to the inspector by the prosecutrix—I believe hers is a house of accommodation.
Prisoner's Defence. She lent me the ring; she was very much in liquor that day. She had 2l. or 3l. of mine in her possession; she said it was not the value of the money, but the manner in which 1 left her house.
NOT GUILTY .
GUILTY . Aged 31.— Confined Two Months.
NEW COURT.—Thursday, August 24th, 1843.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 23.— Confined Six Months.
GUILTY . Aged 19.— Confined Three Months.
2347. JAMES MARTIN was indicted for stealing, on the 13th of July, 2 scarfs, value 18s.; 2 shawls, 2l.; 1 cape, 1s. 6d.; and 1 handkerchief, 6d.; the goods of Eliza Parham; and that he had been before convicted of felony.
ELIZA PARHAM . I am a widow, and live in Crown-street, Soho. At half-past three o'clock in the afternoon of the 13th of July, I was in my shop, and heard a bell ring, which I had attached to the door up stairs—I ran into the passage, and saw the prisoner going out with a bundle—I am sure he is the man—I ran out, and very nearly caught him—he threw the bundle down at my feet—other parties pursued, the policeman brought him back, and this handkerchief was taken out of his pocket—the bundle contained two scarfs, two shawls, and a cap—these are mine.
CHARLES BROWN (police-constable F 128.) I pursued the prisoner, and took him at the corner of Hart-street—I brought him to the prosecutor's shop, and took this handkerchief out of his pocket—she identified it directly—he said he was going by the house, was taken short, and went in to ease himself.
Prisoner's Defence. In passing this house, I saw a man run by and drop this handkerchief; I took it up and ran after him.
JOHN SIMS HANCOCK (police-sergeant E 12.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person—he was tried in the name of Cormack.
GUILTY .* Aged 18.— Transported for Fourteen Years.
SUSANNAH HENSON . I am the wife of Henry Henson. I keep a mangle, and live in Boswell-court, Queen's-square—I took the prisoner into my house—on the 9th of July I had two sovereigns, ten shillings, and four fourpenny pieces, and when I went to it on the Monday there was only one sovereign and one fourpenny piece; but since the 25th of July, three sovereigns, one crown, four half-crowns, and 135 shillings, have been taken—I took hold of the prisoner and said, "You are a thief; you shall not go out of my place without an officer"—she said, "What shall I do? I only took two sovereigns out of your drawer"—my husband brought an officer.
Cross-examined by MR. CLARKSON. Q. Do you know her friends? A. No; her mother said she had six children besides her.
COURT. Q. Did you get your two sovereigns again? A. No; I have got a list of things which she purchased and brought to my place.
GUILTY. Aged 15.—Recommended to mercy. — Confined Two Months.
JAMES LETTS . I live in Clement's-street, Lymington. I was living in Frederick-street, Hampstead-road—about eleven o'clock at night on the 12th of July I was in St. John-street—there was a crowd and a fire—the prisoner was before me—he took the breast-pin from my shirt—I collared him—I saw the glimpse of the pin in his hand—he had caught my chin as he drew it from my bosom—he passed it with his left hand to some one behind—I never unloosed him.
Cross-examined by MR. HORRY. Q. The crowd was very dense? A. Not very—I had some trouble to get through—I did not stop to look at the fire—I was not in sight of the fire—the prisoner made way for me to pass—I did not push against him—there were no others trying to get through—the; were standing still—he was standing beside me—it was very light from the gas—I had not been drinking—it was just as I got up to the crowd that the snatch was made at my pin—I was not aware of any crush at the time—I am not certain whether it was passed to a man, or fell on the ground; but he stooped—I was holding the prisoner by the collar with my left hand, and trying to catch the other with my right—the prisoner resisted—I believe he said, "Let me go, and I will walk with you"—this is my hand-writing—( looking at his deposition—(read)—"I attempted to seize the prisoner's left hand, which had my pin, but some person behind seized my arm—I seized the person who had stooped, but he broke from me")—I might have caught hold of the person's coat—I did not seize him by the collar, nor move two or three yards from the place where I first was.
(Ann Fordham, wife of William Fordham, of Little Pulteney-street, Golden-square, gave the prisoner a good character.)
GUILTY.† Aged 25.— Transported for Ten Years.
2350. WILLIAM MEAD and WILLIAM BULL were indicted for stealing, on the 13th of July, 3 bonnets, value 6s.; 1 cap, 6d.; 1 frock, 6d.; 2 pinafores, 6d.; 1 night-gown, 4d.; 1 cape, 6d.; and 1/2 a yard of printed cotton, 1d.; the goods of Joseph Bills.
ANN BILLS . I am the wife of Joseph Bills, of North-place. About six o'clock in the morning of the 13th of July I got up, and about seven missed my little boy's cap and other things which I had left on the table the night before—the door was left a-jar while a pail of water was fetched—these are my things.
JOHN HANNAN . I am sixteen years old. On this morning I was coming across the Ben Jon son's-fields, about a stone's throw from the prosecutrix's—I saw the prisoners with a bundle—I knew them before—one was kneeling down tying up the bundle, and one carrying three bonnets in his hand—I asked where they were going, and Mead said he was going to his sister's—I said that was not true—they said yes it was—I went my way, and they went theirs—they tied up this green cape in this handkerchief.
ANN ALICE WHATNOUGH . My husband is a labourer. On the 13th of July he said a boy was leaving a bundle—I told him not to take it in—he said, "Oh, he will be back in five minutes—he is gone to fetch his little sister"—about half-past eight Bull came back—he said, "If you please, Ma'am, I have called for that bundle that I Ieft here"—I said, "You were to come in five minutes, and as you did not I took the liberty of opening the bundle, and there is a frock in it dripping wet"—he said, "It was not wet when I left it"—I said, "It was; you must get your mother—I do not feel justified in giving it you"—he went off—then Mead came in and said, "Where is the bundle you had of my brother?"—I said, "There is a frock in it wet"—he said, "It was not when my brother left it"—I said, "It was; and as you
have told me a lie you may go and fetch your mother," and I shut the door—he put his head to the window and said, "Do you intend to give up the bundle?"—I said, "No"—he said, "If you do not I will d—d soon fetch a policeman and make you"—I said, "If you will I will give it up"—he ran away—I opened the door and saw two policemen—I called them and gave the things up.
MEAD GUILTY . † Aged 17.
BULL GUILTY . † Aged 13.
Confined Nine Months.
GEORGE BARTHOLOMEW BRUMBRIDGE . I live at Heston—the prisoner was my servant for about a fortnight—in consequence of information, on the 24th of July, I concealed myself with a policeman in the yard—I saw the prisoner go into a shed and fetch a bag of oats and take them into the turnpike road—we took him to the station—they were my oats—they were taken out of a barn and deposited in a little shed—I wrote on a piece of paper and put it in the oats in my shed—I never allow my men to have any oats till they are bruised.
Prisoner. Q. Was I not allowed to take a sack of chaff? A. Half a peck of split beans and some chaff—your place was to give that to the horses, but I saw you take them out and put them in your cart—I stopped the horse—the policeman got into the cart and found them—this note was found in the sack.
Prisoner's Defence. I saw these oats while I was getting the chaff, and I thought I would take them and give them to my horse, as they had no business there.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to Mercy. — Confined Three Months.
Cross-examined by MR. HORRY. Q. Are you sure it was not later than that? A. I saw I safe between one and two—I missed it from a table—I had not seen the prisoner—I had not been selling any coats—I deal in furniture—I did not attend the shop that morning—I saw the waistcoat on the prisoner's back.
COURT. Q. How did you come to go to the prisoner? A. A man came rather after one o'clock and asked the price of a coat—I followed him, and he was going to meet the prisoner, who was in the act of putting the waistcoat on—the other man was not a Jew.
JOHN FREDERICK CARPENTER (policeman.) I took the prisoner—he had the waistcoat on at the time—he said he had bought it of a Jew—the other man ran off as soon as he saw me—they were walking together in the Bagnige Wells-road.
GUILTY . Aged 20.— Confined Three Months.
JOHN THURLOW . I am butler to the Rev. Dr. John Hume Spry. He lives in York-terrace—on the 6th of July we had four spoons and two forks in the dining-room—I missed them—these are them—they are my master's.
Cross-examined by MR. PRENDERGAST. Q. The prisoner was not in your service? A. No.
ROBERT WATERS . I live in Cirencester-place, Marylebone. I was near Dr. Spry's house on the 6th of July, and heard a cry of "stop thief"—I ran and caught the prisoner getting over some rails—I took him round to the house and sent for the policeman, who found these articles on him.
GUILTY . Aged 16.— Transported for Seven Years,—Convict Ship.
2354. WILLIAM HOLLAND was indicted for stealing, on the 24th of August, 1 bag, value 6d.; and 14 lbs. 2 oz. weight of silk, 15l., the goods of William Englebutt.—2nd COUNT, of John Vanner, and that he had been before convicted of felony.
WILLIAM ENGLEBUTT . I am a silk-winder, and live in Elizabeth-street, Hackney-road—on the 24th of August, 1842, I weighed 14 lbs. 2 oz. of silk, and gave it to James Fitch, to take to my own residence in Elizabeth-street—it was put into a bag—Fitch was afterwards brought back by the police, and gave me information about the robbery—the silk has never been found—it was worth 15l. 7s.
JAMES FITCH . I received this silk from the prosecutor in August, 1842, to take to his house—as I was returning home, when I was in Old Castle-street, the prisoner stopped me and said he came from Mr. Vanner, I was to come back, for Mr. Englebutt had given me the wrong work—as I was turning back he said he was going back to the warehouse, he would carry part of it—I gave him part—he stopped to make water—I stopped—he told me to go on—he followed me, and when he got to the end of Castle-street, he and the silk were gone—I put my bag down, and asked some one to take care of it while I ran after the prisoner—I was not able to see him—I am quite sure he is the person.
Prisoner. Q. What dress had the person on? A. A plum-coloured coat and corduroy trowsers—I saw you again at the station—I was not a minute looking at you before I knew you.
MARY ANN VEALE . I live with my father, who keeps a public-house. On the 24th of August, 1842, I saw the prisoner running down New Castle-street, with a black bag on his shoulder—I am quite sure he is the man—Fitch was crying.
Prisoner. Q. Had you ever seen me before? A. No—I saw you at Worship-street—I know you by your features—you crossed from the Feathers and ran up Newcastle-street—you had on a plum-coloured coat, a hat, and white corduroy trowsers.
GEORGE TEAKLE (police-serjeant H 8.) I saw Fitch that day—he described the prisoner exactly to me as he does now—it corresponded with the prisoner—I have been after him from that time to this, but was unable to find him.
Prisoner. Fitch states that he gave it to a person that put it in the bag,
and the person said he came from Mr. Vanner—how could I find it out—I assure you I am innocent.
(City police-constable, No. 537.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person.
GUILTY . Aged 22.— Transported Ten Years.
(There was another indictment against the prisoner for assaulting the officer.)
MR. PAYNE conducted the Prosecution.
LEWIS SAMPSON . I am shopboy to Mr. William Smith, an outfitter in High Holborn. About two o'clock on the 20th of July, I missed 2 Chester-field wrappers from inside our shop—I ran up Holborn, and saw the prisoner with them under his arm—I asked where he got them—he said a man by the pump gave them to him—I had seen him walking in front of the shop a few minutes before—I brought him back, and he was given in custody—these are my master's coats.
Prisoner. Q. How do you know them? A. By the private marks—he told me there was a man at the pump who gave them to him, but I did not see any man—the grocer's man came and asked if I missed a coat—I ran out and saw the prisoner walking with them in two or three minutes.
Prisoner's Defence. I had been talking to a man near the pump—he said he was going to call at his sister's, and if I would take these coats he would thank me.
GUILTY . † Aged 19.— Confined One Year.
2356. JAMES LLOYD was indicted for feloniously breaking and entering the dwelling house of William Pardey, and stealing therein, 2 coats, value 12s.; and 1 pair of trowsers, 3s.; the goods of Frederick Thomas George Crees.
MATILDA PARDEY . I am the wife of William Pardey, and live in Cromer-street, Saint Pancras. On the 26th of July these two coats were behind the door, and the trowsers were on the foot-rail of the bed—about three o'clock in the day I left the bed partly made and went into the kitchen—in five minutes I heard footsteps—I came up stairs quick and lightly—I saw two men coming out of the room—the prisoner was one of them—before I reached the top of the stairs the prisoner left the house, the other turned and asked for Mr. Pardey—I said, "Who wants Mr. Pardey?"—he said, "Mr. James, of Clerkenwell,"—I said, "Who is that man that is gone out, and what do these clothes do on the bed?" I went to the street door and saw the prisoner, the other man left the house, and they were just joining together—the prisoner stood stock still at the post, the other man went to the left towards Brunswick-square—I watched him a few minutes, till the policeman came in sight, and the prisoner took to his heels—I said, "Follow that man, he has been in my house"—I desired him to search him—I went home, and found these coats and trowsers were lying on the bed in a heap together, and the bed partly made—they had been removed about a yard and a half, and had been unhung from the hook on the door—I had shut the door on the single lock—the things belong to my lodger, Frederick Thomas George Crees.
Cross-examined by MR. CHARNOCK. Q. Have you other lodgers? A. Yes—no one had gone out from the time I left the room—I was only away five minutes—our house is almost empty during the day—I shut the room door when I went down—I had never seen the prisoner before—he walked up the
street, and waited for his companion—he did not run away—I only lost sight of the prisoner for a minute—there was nothing lost.
Cross-examined. Q. What time did you go out? A. From ten till eleven.
Cross-examined. Q. Was there a latch to the door? A. Yes.
GUILTY . Aged 27.— Confined Twelve Months.
MR. DOANE conducted the Prosecution.
HENRY ELBOURN . I am a draper, and live at Amersham, in Buckinghamshire—I had an account with the prosecutor—on the 25th of April, I paid the prisoner 5l. on account of his master—I have got his acknowledgement for it—on the 6th of June, I paid him 10l. for his master; and on the 29th of August, 10l.
Cross-examined by MR. CLARKSON. Q. Is this the prisoner's handwriting on these bills? A. Yes.
RICHARD NELSON REEVE. I am a woollen-draper, and live in Skinner-street, Snow-hill—the prisoner has been for some years my country traveller, and continued till this year, when I discharged him—it was his duty to transmit the sums he received from my customers to me, and afterwards to enter it in the book—this is the cash book—here is an entry of 4l., received in April, from Mr. Elbourn; and in June, 5l., and on the 29th of August, 5l., from the same person—it is all the money he has accounted for as received from Mr. Elbourn.
Cross-examined. Q. Was the prisoner formerly a tradesman in business? A. Yes, in Sun-street, Bishopsgate—our business is now very extensive—I was in his employ at one time—he has been robbed of a great deal of property and was obliged to go into service—he has been with me six years, and had 200l. a year—I paid his travelling expenses—he has three children and a wife.
(The prisoner received a good character.)
GUILTY. Aged 42.—Recommended to mercy by the Prosecutor and Jury. — Confined Four Months.
GUILTY . Aged 22.— Confined Three Months.
2359. GEORGE DARBY the younger was indicted for stealing, on the 19th of July, 1 half-crown, and 20 shillings; the monies of George Darby the elder ; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 11.— Transported for Seven Years—Convict Ship.
2360. JOHN PORTER was indicted for stealing, on the 27th of July, 1 work-box, value 1l. 10s.; 1 needle-case, 2s. 6d.; 12 needles, 2d.; 5 reels of silk, 4d.; 5 silk-winders, 1s.; 1 bodkin-case, 2s.; 1 gown, 4s.; the goods of John Simonds; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 20.— Transported for Seven Years.
BENJAMIN MATTHEWS . I live at Whetston—these are my father William Matthews's sheep—I saw them safe on the 18th of January, in the almshouse field, in the parish of Friern Barnet; and on the 20th, I found six carcasses and six skins in Newgate market—I was in search of them from the 18th till the 20th, and I identified them—I took one prisoner named Thompson at that time—he was tried and transported for ten years—I did not see any thing of this prisoner to my knowledge.
Cross-examined by MR. BALLANTINE. Q. You saw Thompson at the shop in Newgate market? A. Yes, I had not known him in the neighbourhood.
WILLIAM STILES . I live in West-street, Saffron-hill—on the 19th of January, I saw the prisoner with Thompson, helping to dress some sheep at Bowling-street, Clerkenwell—he was taking the skins off—there were three skins hanging up, and three on the ground—I saw the prisoner, and Thompson, and Shelcross, the next morning, coming to fetch them away in a truck; the prisoner said, "Good morning," and said he had taken the premises and should have a slaughter-house built there—I said I was a bricklayer, if he had not spoken to any one else, I should be glad to have the job—he said, "Very well, as you are a neighbour I shall employ you"—I never saw any more of him.
Cross-examined. Q. Are you certain he said he intended to make it a slaughter-house? A. Yes, the others did not speak—I had not known them before.
WILLIAM SHELCROSS . Between ten and eleven o'clock, on the 20th of January, the prisoner and Thompson came to me,—the prisoner said, "Me and my friend have got six sheep and six skins, at Cow-cross; if you can get a salesman to sell them, we will give you ten shillings"—I got Mr. Payne, a salesman—I went for the sheep and skins, and took them to Newgate market from where they were slaughtered—I saw the skins identified by Benjamin Matthews—these are the skins—the sheep were badly dressed—the prisoner said, "You can leave the skins and feet "—I said, "Without I have them I wont take the carcasses;" and we took them all.
Cross-examined. Q. Did you know Thompson before? A. No—I saw the prisoner about twelve years ago, but not since, till he came about the sheep, nor since that, till he was in custody—he used to keep a kind of chandler's-shop—my wife dealt with him—I don't owe him 16s. 6d.—I cannot say whether my wife does—he was acquainted with me—I am a butcher, and have been eighteen years in Newgate-market.
(William Palmer, cheesemonger, in Frederick-street, Hampstead-road; and Robert Atkins, a plumber, in John's-row, gave the prisoner a good character.)
GUILTY. Aged 42.—Recommended to mercy by the Jury. —Transported for
2362. EMILY BARBER was indicted for stealing, on the 9th of June, 7 bottles, value 1s. 6d.; 1 quart of whiskey, 2s.; 1 quart of raspberry-vinegar, 2s.; 1 quart of rum, 2s.; 1 quart of wine, 2s. 6d.; 1 quart of gin, 1s. 8d.; 1 quart of ale, 1s.; 2 bottles of sauce, 2s.; 5 yards of lace, 1l. 5s.; 1 yard of net, 1s. 6d.; 1 collar, 1s.; 20 yards of ribbon, 10s.; 1 pair of cuffs, 2s.; 2 yards of muslin, 2s. 6d.; 5 wine-glasses, 4s. 6d.; 4 liqueur-glasses, 6s.; 1 ale-glass, 6d.; one wine-cooler, 2s. 6d.; 1 butte: glass and cover, 2s. 6d.; 2 pickle-dished, 1s.; 3 jars, 3s.; 3lbs. weight of soap, 1s.; 1 lantern, 2s.; 1 candlestick, 2s. 6d.; 2 brushed, 3s.; 2 cups, 2s.; 1 saucer, 6d.; 8 yards of calico, 4s.; 19 candles, 6s.; and 1 brooch, 5s.; the goods of Thomas Hill Mortimer, her master: and SARAH BARBER , for feloniously receiving part of the same, well knowing them to have been stolen; against the Statute, &c.
MR. ADOLPHUS conducted the Prosecution.
ELIZA MORTIMER . I am the wife of Thomas Hill Mortimer, and live at Kilburn; Emily Barber was in my service as housemaid for four years—I thought highly of her, and she was a good deal about my person; she left on the 9th of last June; I occasionally missed wine and little things while she was there. On the 25th of July I had a dinner-party—I went to my closet, and missed a great quantity of glass, and from a china-closet missed a great quantity of things—I then missed some pieces of lace and cambric from another place—I missed some valuable tea from my bed-room—I went to Mrs. Faulkener's, of Notting-hill, where Emily had gone to live—I saw Emily—she said, "How do you do? I hope you are very much better; I have not been happy since I left your house"—I said, "Emily, I am sorry to say I have been robbed of a vast quantity of glass, china, lace, and cambric"—she said, "Glass and china, lace, and cambric; I never saw any at your house"—I said, "You forget yourself; have you any of my things in your box?"—she said, "No"—I said, "Have you any objection to my looking into your box?"—she said, "You may, with the greatest pleasure"—I said, "Perhaps Mrs. Faulkener and her daughters will accompany us"—Emily then said, "No, you shan't look into my boxes without a search-warrant"—a policeman was then called—he went up stairs—Emily gave some things to him from her own box, and said, "These are my mistress's"—I have looked at them all, they are mine—I have brought a great many things to match with them—I went to the police-office at Kensington with her—I asked what she had done with the other things that I had missed, and she said they were at her mother's, Sarah Barber—I went there—the policeman said he came to look for stolen goods of mine—Sarah and her daughter-in-law said they had not anything in the house—on which the policeman searched Emily's boxes, and found some soap, candles, and other things—I saw a great quantity of linen—there were some things in the window-seat, two bottles of sauces, a candlestick, some glasses, soap, and a lantern were found in the cupboard in Sarah's room—she said she knew nothing of them—she did not open her daughter's boxes—that she knew nothing of those things which were found in the cupboard—I can decidedly say these things are mine—these glasses, which were found in the cupboard, my husband bought at the Duchess Dowager of Rutland's sale—I have brought some others to match them—I have missed them from my stock—this tumbler I know—these two bottles were found in the cupboard—one contains whiskey—I cannot swear to these bottles of sauces, they were found in a box at Sarah's—I did not know the boxes.
Cross-examined by MR. CLARKSON. Q. When you went to Sarah Barber's, did you ask her to point out Emily's boxes? A. No—the policeman said, "I am come to look for stolen goods of this lady's," and some boxes were opened—I found some calico and other things—I have constantly missed soap and candles, and I have lost a candlestick and lantern of this description—there is no mark on this candlestick—I lost one like it, and it was in Emily's possession—this is like my lantern—I have lost dozens and scores of gallipots like these with preserves in them—this tumbler came from the Duchess Dowager of Rutland's—I have a great many more like it—I will swear to it
and to the butter cooler and four of these wine glasses—I can speak positively to these other glasses—these two glass salts I swear to—they were found in the cupboard.
MR. ADOLPHUS. Q. Did you ever give Emily these things, or leave to carry them to her mother? A. No—her mother knew she was in my service, and often came to my house.
EMILY BARBER— GUILTY. Aged 19.—Recommended to mercy. — Confined Nine Months.
SARAH BARBER— GUILTY . Aged 60.— Confined Eighteen Months.
MR. ADOLPHUS conducted the Prosecution.
WILLIAM BARTLETT . I am a surgeon, and live at Notting Hill-terrace. The prisoner was upwards of five years my nursemaid—she was going to leave us in a few days after we discovered this—on the 31st of July I went to the police-court at Kensington to search her box, and found a sheet, a pillow-case, small silk handkerchief, and a small box—I went home, and accused the prisoner of it—she stated she could not tell how the things got into her box; if they were there some one must have put them there.
Cross-examined by MR. CLARKSON. Q. What is the value of these articles? A. 2s. 4d.—the box was unlocked when I saw it—I had every reason to be satisfied with the prisoner—I had not seen the mother at my house for twelve months—she came sometimes.
MR. ADOLPHUS. Q. I believe you had such a good opinion of her character, that you were sorry when she gave notice to quit? A. Yes—I have missed a great deal more property than what is here.
SUSAN BARTLETT . I am the wife of William Bartlett. I saw this box at the station—I only know it was the prisoner's from having received a letter from her, stating that it was hers—I saw her in my house after I came from the station—I and Mrs. Melville went to her—she denied having taken away other things, and said she had only taken those which were in the box—the said the pillow-case I threw down as old linen, and she was not aware that the sheet was in her box—I said, "You told my cook and housemaid the sheet came from your sister in India, and it was marked S. A."—she said she had not said so—she then said there was no sheet in the box—this is my sheet—I can swear to it—I never gave her either the sheet or pillow-case, nor told her to make away with them or burn them—this is a little toy box of mt child's.
Cross-examined. Q. This is a worn out pillow-case? A. No—it is an old fashioned one—it belonged to my mother—I know the sheet by the mark of my father and mother, G. S. P.—it is an old one—it has been patched and the patching worn out—I do not claim the contents of the box.
ANN MELVILLE . I am married, and live in Notting Hill-terrace. I with Mrs. Bartlett saw the prisoner—I told her there were some things found in her box, and begged she would explain what she had taken, as she was before a friend—she said she had not taken any thing—I said, "Yes, a pillow-case marked A., and a sheet marked G. S. P."—she said the pillow-case was thrown down by her mistress, and if the sheet was in her box she had not put it in—when we came from the station we found her standing in the passage—Mrs. Bartlett said, "What do you want, Ann?"—she said, "I am come to see my master to get my box from the police-station"—Mrs. Bartlett said, "You have a pillow-case and a few other things in your box;" and as
she had lost other property, if she would acknowledge what she had taken she would forgive her—she said she had nothing to acknowledge but the things we had found in her box—this was all she had taken.
MARTIN ST. LEGER (police-constable T 143.) I was in search of this property at the prisoner's mother's room—I opened the box, and in it I found these things—the prisoner said she did not know how they came there.
Cross-examined. On what day was this? A. On the 29th—the mother told me it was Ann's box—I did not find the key any where.
NOT GUILTY .
ELIZA WILSON CHERRY . I am the wife of Robert Wilson Cherry. The prisoner was in my service—on the 17th of July I missed a quantity of human hair, and some silk—at the police-court the Magistrate asked him what he had to say—he said he took it.
Prisoner. I know nothing of it.
NOT GUILTY .
HENRY CLARK . The prisoner was in my service—it was his duty to receive money for me, and to pay it me either the same evening or the next morning—he has not paid me this 6l. 19s. 6d., received on the 26th of July, or any part of it.
Prisoner. Q. In 1832 or 1833 you had a shop at Blackheath Hill? A. Yes—you were in my service then.
COURT. Q. Did the prisoner come and tell you he had lost this? A. No—he came to the counting-house a fortnight after he had absconded.
Prisoner's Defence. Mr. Wood paid me 6l. 19s. 6d.; I then called on some other person, and proceeded by the omnibus to Kensington, and was very near giving the conductor a sovereign instead of a shilling; I then took out my money, separated the gold from the silver, folded the gold in a piece of paper, and put it into my waistcoat pocket, and whether I lost it by disturbing my waistcoat or not I am unable to say, but when I got near Temple-bar I discovered the loss; I did not tell the prosecutor, because when I entered his service he held out an intimidation, that in the event of any deficiency I should have no mercy whatever shown me; it was my intention to have asked him for money to cover the loss, but an illness followed, which accounts for my absence from business; I sent him a letter, saying I was ill.
HENRY CLARK re-examined. He received this money on the Wednesday, he attended his duty up to the Monday, and on Tuesday morning I received a letter from him—he never paid me this money, or entered it in any book of mine—he had his own memorandum-book, which I never saw.
GUILTY .* Aged 34.— Confined Nine Months.
Fifh Jury, before Edward Bullock, Esq.
2366. THOMAS LANE was indicted for stealing, on the 24th of July, 17 yards of carpet, value 2l. 5s.; and 1 hearth-rug, 15s.; the goods of David Silvanus and another; and that he had been before convicted of felony.
JOHN DURRENT . I am in the service of David Silvanus and another, of High-street, Whitechapel, and sell carpets. On the night of the 24th of July I was outside the shop, shutting it up—I saw a young man, whom I did not know, go into the shop, bring out this carpet, and give it into the prisoner's hand, who was standing near the door—I had seen them standing about the shop about a quarter of an hour—I ran after him—he dropped it, and ran up George-yard—I took it into the shop—this it it.
Prisoner. Q. Did you lose sight of me? A. Yes.
JAMES M'MICHEN (police-constable H 131.) I was on duty—I met the prisoner and another person, running as hard as they could up George-yard—I suspected, and said, "What have you been doing?"—the prisoner said, "I have done nothing, let me go"—I took him to the shop, and showed him to Durrent—I there received the carpet and rug of him.
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 48.— Confined Four Months.
(The prisoner received a good character.)
JAMES PORTCH (police-constable K 91.) On the 22nd of July I saw the prisoners come out of the prosecutor's shop in High-street, Shadwell—I had information, and followed them down to Lower Shadwell—Stone had this basket crammed full of this net under her shawl, and Smith this blue card under her apron—before I came up to them they were both busy in putting something into the basket—I said, "What have you here?"—Stone said, "It is edging, we sell it"—I took them both back to Mr. Moore's, and he identified them as having been into the shop.
CHARLES GREVILLE MOORE . I am a linen-draper, and live in High-street, Shadwell. On the 22nd of July I was in my shop—both the prisoners were there—my wife had been showing them some ribbons, but finding they did not know what they wanted, and seemed shuffling, she called me, and I showed them one piece, but they did not buy any—they went out—a gentleman came and told me something—the officer soon after brought them back—I identify this property—I had served a customer from it just before—I know it particularly by there being several joins in one piece.
Stone's Defence. We went to buy ribbon, and when Smith looked down her bosom, she found her 2s. were gone, we came out—the officer said, "What have you got?"—we told him, and said we picked it up, which we did from under the window.
STONE— GUILTY . Aged 17.
SMITH— GUILTY . Aged 17.
Confined Four Months.
2369. CHARLES KERCHEARWELL and JOHN WEEKS were indicted for stealing, on the 22nd of July, 6 handkerchiefs, value 12s., the goods of George Ravenor; and that Kerchearwell had been before convicted of felony.
JAKES BAXTER . I live with Mr. George Ravenor, a pawnbroker, in Tothill-street, Westminster. On Saturday evening, the 22nd of July, I saw the prisoners in the shop—Weeks wanted a jacket to fit his mate (meaning Kerchearwell)—I turned my back to get the jacket, and knowing them about the neighbourhood, I cast my eye round, and saw Weeks go to the door and snatch down a bundle of handkerchiefs from the door—they were fastened round a hook inside the door—I got the jacket, and did not take any notice—Weeks had got the handkerchiefs between his legs, standing in front of the counter—I showed them the jacket—Kerchearwell was looking at them—Weeks wanted me to turn my back to see if I had not got another jacket—he said that would not suit him—I said we had not got another—I charged them with stealing the handkerchiefs—my fellow-shopman secured Weeks while I went for a policeman—while Weeks was at the counter he began to scratch his head, and knocked off his cap, he stooped, and tried to put the handkerchiefs into his cap—when he found they would not go in, he put them between this legs again, and put the cap on—these are six of the handkerchiefs—they have our private marks on them.
Cross-examined by MR. BALLANTINE. Q. Had you fastened them up? A. My fellow-shopman had—they were about six feet from the ground, and about a yard and a half from the prisoners—there was no one else in the shop—I am certain I saw Weeks take the handkerchiefs.
Kerchearwell's Defence. I went into a public-house, and saw Weeks; I went into the shop, and was taken into custody; I went to buy a jacket for my grandmother.
(Weeks received a good character.)
WILLIAM MILLERMAN (police-constable B 95.) I produce a certificate of Kerchearwell's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person who was tried and convicted.
KERCHEARWELL— GUILTY . Aged 21.— Confined Twelve Months.
WEEKS— GUILTY . Aged 23.— Confined Six Months.
WILLIAM DENTON . I am a labourer, living at Ealing. On Sunday night, the 16th of July, about half-past eleven o'clock, I met the prisoner in Brentford, just by the market-house—she said she wanted to speak to me, and immediately put her hand into my pocket—I had a shilling there not a minute before—I caught hold of her, and asked her for it again—she said, "You should not give it to me, and want it again"—five or six more girls came up, and a young man—I walked up the street with her, and the young man said if I did not let her go he would upset me, and they went into a public-house.
Prisoner. Q. Were not you in a public-house having a pint of beer when I saw you first? A. No, it was in the street.
COURT. Q. Was any one with you? A. Yes, my brother—when they went in a public-house I stopped in the street till the policeman came up—I told him they had gone into a public-house.
GEORGE SHERIFF (police-constable T 108.) The prosecutor came up to me and said he had been robbed, and explained in what way—I went into a public-house with him, he pointed out the prisoner, and 1 took her—she said
she had not one shilling in her possession—at the station she said the prosecutor had been with her, and gave her 2 1/2 d.—next morning she said he had been with her and gave her a shilling.
Prisoner's Defence. I met him; he said would I walk with him; I went down the yard with him, and asked him what he was going to give me; he said he had 2 1/2 d.; I said, "Good night," and was going; he called me back, and said he had a 1s. he would give me; I went with him; he gave me a 1s., and wanted 6d. out, and I would not give it him.
NOT GUILTY .
GUILTY . Aged 21.— Confined Two Months.
GUILTY . Aged 25.— Confined Six Months.
2373. WILLIAM WHITE and THOMAS BORHAM were indicted for stealing, on the 19th of June, 2 1/2 bushels of a certain mixture, consisting of oats, beans, and chaff, value 2s. 6d.; the goods of Henry Gray, the master of White.
MR. RYLAND conducted the Prosecution.
JOSEPH BENTON (police-constable K 381.) On Wednesday morning, the 19th of July, in consequence of information, I went to the King's Arms in Bow-street, with Samuel Benton, to watch Borham who was the ostler. I hid myself close by the yard—they could not see me—I was looking through the window of a house—I could see all over the King's Arms yard—about nine o'clock I saw Mr. Gray's cart come to the premises—White was with it—he fed his horses with some mixed victuals, which he took from the top of the cart—he then went into the house—Borham was in the yard, attending on the horses—he fed them with some new hay, which be took from the top of the cart—in about half an hour he fed them again, with some more new hay—he then went in—he and White came out together, and bad some conversation, which I could not hear—White got on the top of the cart, and handed a full sack down to Borham—I gave Samuel Benton the signal, and he went to the spot in the private stable, where Borham went to—I saw the sack in the stable, and took it, and Samuel Benton took Borham—White was at the top of the cart—I told him to come down—he got down, and said he was going to feed his horses again—I told him I should take him on suspicion, as I had seen him feed his horses three times before—the sack contained about two bushels and a-half of mixed victuals.
Cross-examined by MR. CROUCH. Q. What distance was you from the place? A. About fifteen yards—the cart was in the yard about an hour and a-half—the farm-yard is at Dagenham—there was no other cart in the yard—there were persons coming in and out of the house, into the yard during the time.
SAMUEL BENTON (police-constable K 49.) I was with Joseph Benton at the bottom part of the house—I received a signal from him about twenty minutes to eleven o'clock—I went into the stable-yard, and saw Borham in the private stable—he had a sack of chaff, which he was in the act of shooting into the corn-bin in the stable—I stopped him, and prevented his pouring it
in—I asked what he was going to do with it—he said it was his own—I said I was an officer, and he must go to the station—he said, "Very well"—Joseph Benton had the sack and its contents.
cross-examined. Q. How far were you from the prisoners? A. About ten yards—the bin was on the left hand of the stable, just behind the door—the horses do not generally feed out of this bin.
ROBERT ROWE . I am bailiff to Mr. Henry Gray. He occupies Hunter's Hall Farm, at Dagenham, about nine miles from the King's Arms—White was in his service, and went with his team—he had an allowance of five bushels of corn for the week, three bushels of beans and oats for the three horses—I gave him out the allowance on Tuesday, generally—I gave it his on the Wednesday this time, because I had lost the key of the barn on the Tuesday—when he went he told me he had got enough to make up with the mixed victuals—the beans and oats were mixed—I did not see him before he started—I have got a sack here which I believe belongs to White—it is one he picked up, and he has used it for some time—I have examined its contents—they are what we call mixed victuals—as near as I can tell they are such as my master used—I believe them to be my master's—I have not compared it with any on the farm—it is about the same quality—White had no authority from me to take a sack full of this.
Cross-examined by MR. CROUCH. Q. Does Mr. Gray know any thing about this prosecution? A. Yes—White is not related to him, that I know of—the cart went away very early in the morning—he had to go about thirteen miles that morning—this is about the regular allowance he should take.
Cross-examined by MR. CHARNOCK. Q. Did not the prosecutor say it was your prosecution, not his? A. No, he did not tell me so, nor say he would have nothing to do with it—White has been in my master's service thirty years.
MR. RYLAND. Q. Is there a considerable quantity of this mixed victuals on the farm? A. Yes—White knew where they were kept, but could not get at the beans and oats—he could get at the chaff—there were some beans in this sack—they are what I gave him the week before.
SAMUEL BENTON re-examined. I was present when the prisoners were examined—they were asked if they would say something—they said something, which was taken down—I have seen Mr. Broderip's writing—I believe this signature to be his.
Cross-examined by MR. CHARNOCK. Q. When did you see him write? A. He wrote a bill which I have in my pocket—he was on the bench—it is nearly on a level with the office—I saw the motion of the pen—(examination read)—"The prisoner White says, 'He came and waked me, and said, "Have you given them victuals?" I gave it him down.'" "Borham says, 'I took it from him, and set it just inside the stable door; I was going to give it to the horses; the mouth of the bag was never untied.' "
NOT GUILTY .
EDWARD LEES . I am a cheesemonger, and live in Pitfield-street, Hoxton; the prisoner was in my employ, and lived in the house. About twelve o'clock in the day, on the 5th of August, I was in my shop—I saw the prisoner put his hand into the till, and drop some money into a paper-drawer close to the till—there was a partition in the till, one for halfpence and the other for silver—I did not see what money it was he dropped—he then left the counter, and went to the other end of the shop, to give some instructions for some
goods to be put into the tray—he turned back, and went to the same drawer where he had dropped the money—he took the money up, twisted it in a piece of paper, and went as if to go into the yard—I followed him—he was just going in at the privy door—I said, "John, you have got what don't belong to you"—he made no answer—I said, "Give it to me"—I took hold of his hand—he resisted—I called for assistance—he then dropped it into my hand—I unfolded the paper, and in it was a crown-piece—he was taken into my parlour and sat down in the chair—I said, "You are a married man"—he had come to me as a single man—he said, "I am"—I said, "Then you have deceived me from the first; how could you rob me?"—he laid, "Pray forgive me on account of my wife and child."
Cross-examined by MR. CLARKSON. Q. Is this your name to this deposition? A. Yes—it was read over to me—they did not ask me if I wished to alter anything in it, or to add to it—I admit I have stated more to-day than I did there, about his being a married man and his praying for forgiveness—it was forgotten entirely—I knew the night before this happened, by means of a letter, that he was married—he had 10s. a week and his board and lodging—there were no customers close to him—he had just served a lad, and given him change when he had paid for his eggs—there was no other customer at his scale at that time, nor on his side of the counter—I was about three yards from him when I saw him go back to the paper-drawer—I saw distinctly that it was silver he took, but I could not undertake to swear what.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy. — Confined Six Months.
ROBERT HEWITT . I belong to the brig Martingale. I fell in with the prisoner, on the morning of the 28th of July, in Bluegate-fields—I had been in a coffee-shop, and asked a woman there if she could get me a bed—she took me to the house where this prisoner was—I took off my clothes and went to bed by myself—I put my trowsers just on one side of my pillow—my watch was in my trowsers' pocket, and two half-crowns, two shillings, and two sixpences—the woman who showed me the room went out—I paid her for the bed—I went to sleep, and when I awoke my watch was gone, and the two half-crowns—my trowsers, which I had put at my pillow, were lying on a chair at the bed's foot—I called for the mistress—the prisoner came in and said, "Don't put yourself out of the way, the woman that put you to bed probably has your watch, and you will see her in the course of the day, and get satisfaction; there is the ticket of your watch," and she put the duplicate on the table—I called a policeman, and went with him—this is my watch, and this is the ticket.
Prisoner. I said, "Let us go and see if we can find the ticket," and we found it in the room. Witness. No—I said I wanted to go on board the ship to do my duty, and you laid the ticket on the table.
WILLIAM EDWARD BAYLDON (police-constable K 122.) On the morning of the 28th of July the prosecutor came to me—I went with him to a house in Bluegate-fields, where I found the prisoner—I asked her the name of the girl who was with the man—she said she did not know her name—the prosecutor then desired me to take the prisoner, which I did—I then went to the pawnbroker's with this duplicate, and they produced this watch.
watch was pawned, to the best of my belief, by the prisoner—I gave this ticket for it.
Prisoner. I am not the person who pawned it; it was a person taller and darker than I am. Witness. To the best of my belief you are the person.
Prisoner's Defence. The prosecutor and a female came to my house, and asked me to let them have a lodging till eight o'clock; there was a lock and key to the door; I gave the key to the prosecutor; I had occasion to go out before eight o'clock, and while I was gone the female absconded; he asked me where the girl was; I said I did not know; he then asked about his watch; I went into the room with him, and there laid the ticket on the top of the drawers; the woman who was with him was not unlike me, only she is a little taller.
GUILTY . Aged 23.— Confined Four Months.
NEW COURT.—Friday, August 25th, 1843.
Fifth Jury, before Mr. Common Sergeant.
GUILTY .* Aged 24.— Transported for Seven Years.
GUILTY .* Aged 20.— Transported for Seven Years.
GUILTY . Aged 19.— Confined Four Months.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
CHARLES BARNARD . I am waiter at the Three Tuns, Aldgate. On the morning of the 4th of July the prisoner came for a glass of half-and-half—he offered me a shilling—I handed it to the housekeeper to give him change—she perceived that it was bad—he then gave her a good one—she gave him change, and he went away—she took possession of the bad shilling—the policeman came there on Saturday, the 8th of Aug., and I saw it given to him.
ELIZA REEVE . I am housekeeper at the Three Tuns, Aldgate. I have no recollection of the prisoner, but on the 4th of July a bad shilling was pointed out to me by Barnard—I gave it afterwards to the policeman—I am sure it was the same.
JOHN WILSON . I keep the Grapes, in George-street, Minories. On the 8th of July the prisoner came to my house for a small glass of spruce—it came to 1 1/2 d.—he put down a bad shilling—I pretended to doubt whether it was good or bad, and asked if he had not got a better—he then gave me a good one—I said, "Before I give any change I must know your name and address"—a neighbour came in and made a communication to me, in consequence of which I called in a constable, and gave the prisoner and the bad shilling to him.
Prisoner. Q. Did I not walk down the street with you to meet the officer? A. Yes, part of the way—you did not attempt to escape.
of the prisoner—I went to the Three Tuns, and received a counterfeit shilling from Charles Barnard—I took the prisoner to the station—18s. in good silver was found on him, and 5 1/2 d. in copper.
Prisoner's Defence. I utterly deny offering the shilling in the Three Tuns; I never was in that house in my life. On the 8th I went to the Grapes; I had a glass of spruce, for which I tendered a shilling, being one of five which I had in my pocket; he asked me a variety of questions, and on my refusing to answer them he threatened me with a policeman, and we went some dis-tance together.
Prisoner. I never had a light coat on.
GUILTY . Aged 46.— Confined Six Months.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
SARAH MAYHEW . I live in Exeter-buildings, Chelsea. On Friday the 14th of July, I was in North-street, the prisoner came up to me and said, "Will you go and get a quartern of the best gin, and I will give you 1d."—I was to go and get it at the Globe, and he gave me a bottle and a half-crown—I went to the Globe—I saw Mrs. Povey, and gave her the bottle—I gave her the half-crown—she said it was bad, and a man broke it in two pieces—I came out to look for the prisoner, and could not find him—I am quite sure the prisoner is the man.
FRANCES POVEY . My husband keeps the Globe—Mayhew came with a half-crown to buy some gin—I found it was bad, and a person by my direction broke it in two—I put the pieces on the mantle-shelf till my husband came home—my sister gave them to the police constable.
CATHERINE FITZGERALD . I live in Pentagon-place, Chelsea. On the 22nd of July, I was in Knighsbridge—I saw the prisoner—he asked me if I would go for half a pound of butter, and he would give me 1d.—he gave me a half-crown to pay for it—I went to Mr. Webb's—he took the half-crown and broke it—I then saw the prisoner in North-street, by the public-house—I said he had given me a bad half-crown, and he ran away—I am quite sure the prisoner is the man.
ROBERT WISEMAN . I am shopman to Mr. Webb, a cheesemonger. On the 22nd, Fitzgerald came for half a pound of butter—she gave me a very bad half-crown—it broke directly I put it into my mouth—I threw the pieces down on the floor, and afterwards gave them to the policeman—I saw him mark them.
WILLIAM LACEY . I live in Pentagon-place, Chelsea. On the 22nd of July, I was near the Fox and Bull, at Knightsbridge—I saw the prisoner—he asked if I would go and get a quartern of gin, and he gave me a half-crown to pay for it, but in consequence of something I heard, I went into a baker's shop, and showed the half-crown there—I found it was bad—I gave the bottle, and the half-crown back to the prisoner—I said, "You have given me a bad half-crown"—he said, "I can't get rid of it at all."
Prisoner. Are you sure it was me. Witness. Quite.
JOHN DAY (police-constable B 65.) On the 22nd of July, Fitzgerald pointed out the prisoner to me—when she said that was the man he ran away—I took him—I found these two bottles on him, and 1s. 1 1/2 d.—I went that
night to Mr. Webb's, and received these pieces of a half crown from Wiseman—I went to the Globe, and received these two pieces of a half-crown from Martha Smith, Mrs. Povey's sister.
Prisoner's Defence. I was standing at the corner of a street, that girl came and said, "That is the man;" I said, "I never gave you any bad half-crown;" she said, "I will get a policeman;" I walked down the street, and the policeman came and took me; I had bought these bottles about five minutes before.
GUILTY . Aged 21.— Confined One Year.
FRANCES HAMMOND . I am servant to Mr. Rowland, a tobacconist in Old Compton-street. On the 8th or 9th of Aug., the prisoner came for half an ounce of tobacco—he gave me a shilling—I gave him 10d., and he went away—I put the shilling into a drawer in the counter, in which there was no other money—I afterwards gave it to the policeman—on the 13th, the prisoner came again for half an ounce of tobacco—he gave me a shilling—I gave him change—the shilling he gave me was very bad indeed, but I could not run after him, as I had not got my gown on—I marked the shilling, and gave it to the officer—on the 24th, he came again for half an ounce of tobacco—I served him, and he gave me a half-crown—I asked a person in the shop for change—he said it was a very bad one—the prisoner got the half-crown back—I do not know what he did with it—he asked for a glass of water—he was detained in the shop till the officer came.
JOHN EATON (police-constable 133 S.) I took the prisoner at Mr. Rowland's shop—I observed something the matter with his throat—he was trying to get something down—I laid hold of him, and opened his mouth—he said, "It is no use your searching, you will find nothing"—I received these two bad shillings from Hammond—there was nothing found on the prisoner.
MR. JOHN FIELD. These two shillings are counterfeit.
GUILTY . Aged 19.— Confined Six Months.
JANE WHEELER . I am in the employ of Mr. Scarfe, of the White Bear at St. James's. On the 18th of August, at a quarter or twenty minutes past eight in the evening, she asked for a glass of beer—I served her—it came to a penny—she gave me a shilling—I saw it was bad—I gave it to my master.
EDWARD SCARFE . I keep the White Bear. I was coming up from the cellar, and saw the prisoner—Wheeler gave me a shilling, which she took from the prisoner—she said it was a bad one—I tried it with my teeth, and asked the prisoner where she lived, and some other questions—she did not satisfy me—I went to the door and called a policeman—I asked him in the prisoner's presence if he knew anything of her as a passer of bad coin—he said he did not—I took her by the arm, led her to the door, and told her not to show her face there—I kept the shilling apart from all other money—I gave it to Driscoll.
CHARLES SLADE . I keep an earthenware shop in Waller-court, Berwick-street. On the 18th of August the prisoner came, about half-past eight o'clock in the evening, she bought a tea-pot for fourpence, and gave me a bad shilling—I said it was bad—she said it was not and began crying—she begged of me to let her go, and tried to get it out of my hand—the policeman
came up and said, "That is the same woman that went to Mr. Scarfe's ten minutes ago."
GUILTY . Aged 42.— Confined Six Months.
2383. ROBERT FOWLER was indicted for stealing, on the 29th of June, 1 fender, value 1s. 9d.; 1 poker, 1s. 9d.; 12 knives, 3s.; 12 forks, 2s. 6d.; 15 pair of scissors, 8s.; 2 brushes, 8d.; 17 spoons, 5s.; 2 pair of sugar-tongs, 8d.; 5 pair of snuffers, 5s. 6d.; 2 snuffer trays, 3s.; 1 pair of scales, 5s.; and 7 brass weights, 2s.; the goods of Benjamin Beedle Collins: and MARY FOWLER for feloniously receiving the same, well knowing them to have been stolen, against the statute, &c.; to which
ROBERT FOWLER pleaded GUILTY .
MART EASTERBY . I am the wife of Thomas Easterby, we live in Mitchell-street, St. Luke's. On the 30th of June, at twenty minutes before eight in the evening, Mary Fowler came to my door as I was standing there—I told her there were two policemen in her house, which is not a minute's walk from my house—she pushed by me, and laid down a bundle which she had at the end of the counter—she said, "Take care of these things while I go and see what is the matter, they are my marketing things"—the bundle contained this poker and fender and other things—her husband was at home at that time.
MARY FOWLER— NOT GUILTY .
2384. The said ROBERT FOWLER and GEORGE ARNOLD were indicted for stealing, on the 30th of June, 2 pails, value 2s.; 1 spade, 1s. 6d.; 1 spittoon, 9d.; 1 dish, 9d.; 1 steamer, 6d.; 1lb of brass, 9d.; 1 coffee pot, 6d.; 1 candlestick, 4d.; 3 canisters, 7d.; 1 ladle, 6d.; and 8 fish slices, 6d.; the goods of Benjamin Beedle Collins.
FOWLER pleaded GUILTY . Aged 72.— Transported for Seven Years.
BENJAMIN BEEDLE COLLINS . On the 24th of June the sheriff put in a distress on my goods, and Robert Fowler was put in possession—there was a sale—some of the goods were cleared away, and I took possession of my premises again—I had authorised the auctioneer to sell up and give me the balance, but these articles were not lotted—it was not necessary to sell them—they were mine—on the 30th of June, George Arnold, who was the auctioneer's porter, came out with these two pails and these other things—he met Fowler and a woman in Old-street-road—I followed them, and saw the officer.
Cross-examined by MR. HUDDLESTON. Q. The same auctioneer that was employed by the Sheriff, you authorised to sell the remainder of the things? A. Yes, the things having been previously divided into lots—Price was clerk to the auctioneer—he gave the orders, and Arnold was Price's man—I had met Arnold in the course of that day, and told him I had lost about 15l. worth of goods—I did not caution him—we had something to drink—my house is in Shoreditch—I saw Arnold when he had come out of my house with these two pails, and other things on his shoulder.
ANN WHITE . I was at the bar of a public-house—Fowler came in and asked me to drink—he then asked me to go to an empty house with him where he had a sale—I went, and went up stairs—when I came down I found
Arnold and Fowler in the shop—Fowler put the spade and pails on Arnold's shoulder, and told him to go on and take the first turning—he went of and Fowler began to take liberties with me.
Cross-examined. Q. Did not Fowler give you some things? A. Yes, three bottles and an old tin—I was carrying them away—I was taken.
WILLIAM HODGE (police-constable N 97.) I received information, and ran after Arnold—he had two pails filled with tin ware across his shoulder on a spade—he was going towards Old-street—Mr. Collins gave him in charge, and said it was his property—Arnold said he was going to the auctioneer, who lives in Warwick-court, Holborn—Arnold told the prosecutor that such things as these were generally perquisites.
Cross-examined. Q. Did you say one word about the perquisites before the Magistrate? A. I did not—I was not asked.
ARNOLD— NOT GUILTY .
2385. ANN CRAWLEY and WILLIAM CRAWLEY were indicted for stealing, on the 24th of July, 1 brooch, value 5s.; 1 purse, 6d.; 1 sovereign, 2 half-crowns, 4 shillings, and 1 50l., 1 10l., and 1 3l. bank of Ireland notes; the property of Hugh Killoran, from his person.
HUGH KILLORAN . Between twelve and one o'clock in the morning on the 24th of July I was at the Rose and Crown, at Chelsea—I was going home—I had a purse in my pocket, which contained one 50l., one 10l., and one 3l. bank of Ireland notes, a sovereign, and some silver—when I got within a few paces of my lodging Ann Crawley came up and stopped me—I stopped to hear what she had to say—she passed her hand into my breast pocket, snatched out my purse, and ran away—there was no one with her at that time that I saw—this is my purse and notes.
LUKE NIXON (police-sergeant B 16.) I saw Ann Crawley run from the prosecutor, and William Crawley proceeded close after her—the prisoners first denied all knowledge of each other, and at the station they said they were man and wife—I returned to where the scuffle took place between the prisoners and us—I found this purse on the ground—the prisoners were apprehended at one place, and close together.
JAMES BRADLEY (police-constable B 134.) I saw Ann Crawley running away, the prosecutor after her, and William Crawley after him—they turned up a little court—we took both the prisoners—they denied knowing each other, but at the station they said they were man and wife—we went back, and found the purse.
Ann Crawley. I was at the same public-house where the prosecutor was, and we had a few pints of beer—I and my husband had a few words, and I ran across the road—the prosecutor came up and charged me with robbing him—I know nothing of it—I had been at the station, and was searched—they brought the purse after that.
William Crawley. I had a few words with my wife on the road home—she ran from me, and I ran after her.
ANN CRAWLEY— GUILTY . Aged 28.
WILLIAM CRAWLEY— GUILTY . Aged 38.
Confined One Year.
pulled my watch out, and Hay ward took it from my hand and absconded with it—Herron was there at the time, and about five women—they were standing by Hayward, and they all left together.
Cross-examined by MR. HORRY. Q. Did you know that house? A. I never was in it before—when I entered the room they were standing about the middle of the room—one of them asked me for something to drink—I said, "I have no money to treat you with"—I had some money—I did not have anything in the room, but seeing the room open, and being a little elevated, I went in—it was then approaching to twelve o'clock—I made known my loss at the time, and the female behind the bar said she knew nothing of it—I then went to the officer in the street, and he said as I could not see the person, he could do nothing—I was not in the public-house more than three minutes—the people were all standing as if they were about to leave—I took out my watch to see the time—I did not see any other policeman till about two o'clock on the following day, and he took me about four o'clock to where Hayward lived—I believe Herron was acting as a pot-man—he was handing a pot of beer about the room—I am sure he is the man—he was the only man I saw in the room.
WILLIAM NICHOL (police-constable K 177.) On the 13th of July, about four o'clock in the afternoon, I went to a brothel in Bluegate-fields—I found the prisoners in bed—the prosecutor saw them—he said, "That is the woman that stole my watch, and that is the man that was with her"—Hayward said, "Me, I know nothing about the watch"—Herron said, "Mind what you say, I will make you prove your words; I never was a pot-man in my life."
Cross-examined. Q. That was after the prosecutor said he appeared to be acting as a pot-man? A. Yes—the watch has not been found—I searched the lodging—I went to this brothel in consequence of information the prosecutor had received—he said the woman was in the family-way.
(Henry Soper, a silk manufacturer, of Spital-square, gave Herron a good character.)
HAYWARD— GUILTY . Aged 17.— Confined One Year.
HERRON†— GUILTY . Aged 23.— Transported for Ten Years.
MR. ADOLPHUS conducted the Prosecution.
ISAAC BUSHELL . I am a butcher, and live at Ealing. The prisoner was in my service—I think he came the latter end of June—it was his duty to collect bills from my customers, and among the rest from Mr. Scriven and Mr. Griffin—he never accounted to me for 3l. 4s. 1d., or for 1l. 0s. 6d. received from those persons—I heard something, and had him taken.
Cross-examined by MR. HORRY. Q. Had you known him any time? A. While he was in the service of his master.
MRS. BUSHELL. I am the prosecutor's wife. The prisoner never paid these monies to me.
GUILTY . Aged 18.— Confined Three Months.
2388. WILLIAM LAWRENCE was indicted for stealing, on the 5th of August, 230lbs. weight of coals, value 2s., the goods of Joseph Gilbertson and another; in a certain barge on the navigable river Thames.
barge Francis went from our wharf on the 15th of August, with three tons of coals—the prisoner had no authority to take any of them.
Cross-examined by MR. HORRY. Q. Broken coals, were they not? A. Yes—there is a custom, that persons going up and down may sweep up all the coals in the crevices—this barge had not been cleared at all.
HENRY JOSEPH KING (Thames police-constable, No, 30.) Between one and two o'clock on Saturday afternoon, the 5th of August, I saw the prisoner row a boat alongside the Francis—he got out into the fore broken room of the barge, filled a basket twice with coals, and emptied them into his boat—I took a boat, and told him I had come to take him for taking these coals from a barge—he said we were liars, that he brought them from a barge at Westminster—he had about 230lbs. of coals in his boat, and was mixing them with some rubbish.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
2389. JOHN MANNING was indicted for stealing, on the 22nd July, 2 yards of canvass, value 6d., the goods of John Mitcheson, in a certain port of entry and discharge. 2nd COUNT, stating it to be the goods of Henry Edey.
JAMES GURLHAM . I went on board the Lord Stanley—the mate told me to look on the galley, to see that nothing was stolen—I saw the prisoner finish cutting one of the large turnstalls, and take it on shore—it belonged to Mr. John Mitcheson—I told the prisoner to let it alone—it is a piece of canvass.
Prisoner. Q. Why did not you follow me? A. The mate went and took him by the collar, and the prisoner knocked the mate down.
GUILTY . Aged 22.— Confined Three Months.
WILLIAM HARRISON (a prisoner.) I am a jewel-case maker. About one o'clock in the morning of 21st of July I was passing St. Martin's church—the prisoner accosted me—we went to a public-house in Piccadilly, and had something to drink, then to a coffee-house—then to the Haymarket, in a cab, and had some brandy—we reached Old Boswell-court at half-past four, or a quarter to five o'clock—when we got out, I took my money out of my purse, seven sovereigns and some loose silver—I paid the cab-man, and had seven sovereigns and seven shillings left—I went up to bed—the prisoner aroused me, and said her husband was ringing at the bell, and if I did not leave, there would be murder—I went to the window, and found it was not so—I thought something was up—I called the policeman—I found the key of the prisoner's box behind her, between her back and her shift—I had earned this money—the cab-man saw it with me—I am under charge, on suspicion of stealing a timepiece, but the bill has been thrown out.
Cross-examined by MR. WYLDE. Q. Where do you generally work? A. I used to work at Row's, in Tottenham-court-road—two bills have been preferred against me, and both have been thrown out—this is the first time I was in a court of justice—I never was before a Magistrate till I was before Mr.
Jardine—I engaged the cab-man in Piccadilly—I did not know him—I have frequently seen him on the stand, because I am often passing that way—I used to live at Brompton—I knew him—and as we were in the public-house drinking, he came in—I knew he was the same man, because latterly I had been passing, and have seen him two or three times—I asked him if he was engaged, he said, "No"—if he has said that be knew me, and has drank ale with me, that I am a gentleman, and occasionally gave him 5s., that is not true—I had found out the cab-man by going to the watering-house, and giving a description of him—I pulled out my seven sovereigns to see what money I had—the silver was loose in my pocket—I had my money quite safe when I went into the room.
COURT. Q. Who do you lodge with? A. No one—I live in Cornwall-road—I have no master that paid me any of this money—I saved it.
JOHN MOSSETT . I am a cab-driver—I have known the prosecutor about two months—I have drank with him five or six times—he lives in the Waterloo-road—I have never been to his house—I drove him one night from the corner of the street, as a fare, with another man—I do not know what he is—he came to me when I was in bed, and told me he bad been robbed of all his money that morning, and wished me to go to Bow-street, because I drove him about for two hours and a half that morning—I picked him up in Piccadilly, and then went to Garrett's coffee-bouse, Charing-cross—the prisoner was with him—I was in the house part of the time having breakfast, and drinking by myself—the prosecutor paid for me—the prisoner seemed sober—I did not know her before—we went to a public-house at the corner of Jermyn-street—I drove from there to Old Boswell-court, and there the prosecutor paid me 5s.—he pulled out his purse, and took some silver out of it.
NOT GUILTY .
2391. JOHN BRAMHAM was indicted for stealing, on the 12th of July, 2 miniatures and frames, value 1l.; 1 scent bottle and ring attached, 3l.; 1 vinegarette, 10s.; 1 opera glass, 2l. 10s.; 1 ornament, 5s.; 1 seal, 5s.; 1 leather case, 2s.; 1 penknife, 5s.; and 1 paper cutter, 3s.; the goods of Edward John Sartoris.
EDWARD JOHN SAETORIS . I live in Chapel-street, Grosvernor-square—on the 12th of July I left London, and on the 27th I returned, and missed these articles—I questioned my servants, and they admitted having allowed the prisoner, who was a servant out of place, to visit them.
Cross-examined by MR. PAYNE. Q. You did not know him yourself? A. No—I had him apprehended the next day.
Cross-examined. Q. Did you know him before? A. I have seen him.
(The prisoner received a good character.)
GUILTY. Aged 33.—Recommended to merey — Confined Six Months.
CHARLOTTE KENNARD . I am the wife of Thomas Frederick Kennard, a pastry cook—on the 14th of August I gave my foreman about 7lbs., of moist sugar, and on Friday, I discovered 1lb. 15oz. of sugar under the bin, in the bake-house—I took a small portion and put the rest back—when my foreman came home, I spoke to him—on Sunday it was taken from the place, the prisoner went up to dress, and when he came down, I called a policeman and stopped him—he said he had got his master's sugar—he did not say what he was going to do with it.
GUILTY . Aged 17.— Confined Two Months
JAMES SULLIVAN (police-constable N 249.) About four o'clock in the morning, of the 1st of August, I met the prisoner and another in the Harrow-road—I took the prisoner and asked him what he had got—he said the other one had given him this shirt—I took him to the station, and found this sheet on him.
GUILTY . Aged 17.— Confined Nine Months.
WILLIAM FREEMAN . I was at the Duke of Clarence public-house, on the 7th of August—I put a half-crown on the bar—the prisoner came and asked for a short pipe—he put his hand on my half-crown—I did not say any thing, as I thought it was a joke—he then went into the tap-room, and came out to the bar—I asked him for the half-crown—he abused me, and said he never had it—he was taken and searched, but nothing was found.
Cross-examined by MR. PAYNE. Q. Did he take the half-crown into the tap-room? A. Yes—I did not think he was a friend of a young woman who was with me, but I asked her if he was afterwards—the bar-maid did not ask for the money for the gin—this is my hand-writing to my deposition—the young woman did not say she did not know the prisoner—I did not say to the prisoner, "I think you have taken up the half-crown by mistake"—(deposition read—"I saw him take up the half-crown I had laid down—he went into the tap-room—I said nothing to him then—I thought he was a friend of the young woman who was with me—the bar-maid asked for my money, and the young woman with me said she did not know the prisoner—I went to him and said, 'I rather think you have taken up the half-crown'—he said, 'd—n your eyes, I have not seen the half-crown' ")—when the policeman came in, I did not say I did not know who had got the half-crown—I pointed out the prisoner.
CAROLINE ALEXANDER . I am the wife of Joseph Alexander. I was at this public-house with my brother and sister—the prosecutor laid down the half-crown—the prisoner came and called for a pipe, and picked it up.
Cross-examined. Q. Were you with the prosecutor? A. Yes—when the prisoner went away with the half-crown, I told the prosecutor—the bar-maid did not ask for the money for the gin—I did not tell her it was put on the counter.
JURY. Q. Was the prosecutor sober? A. Yes—he had had something to drink, but was not the worse for liquor.
NOT GUILTY .
FRANCIS AUSTIN . I am a tobacconist, and live in High-street, Kensington. I was sitting with my sister in my back parlour, on the 16th of August—I heard something, and ran into the shop—I saw the prisoner leave the counter and run out—I followed, and overtook him—I found nothing on him—two or three boys behind him hallooed out that he had put it behind him—I found a half-crown and seven shillings behind him on the coping-stone.
Cross-examined by MR. HORRY. Q. You had never seen him before? A. Never—I did not lose sight of him—I only saw his back—there was about 16s. in the till before I heard the noise—my sister examined the till, and there were 6s. 6d. left.
JANE AUSTIN . I heard the jink, jumped up, ran into the shop, and saw the prisoner leaning over the counter, and his hand in the till—he ran away—I called my brother—he went after him—I examined the till, and there was about 10s. gone—I never lost sight of the prisoner till he went out into the street.
Cross-examined. Q. Had you counted the money before? A. No; but I know about an hour before there was 14s.—I had had somebody in the shop in the meantime.
FRANCIS WILLIAM THOMAS WALDRON . I saw the prisoner running. I stopped him—he said, "Let me go,"and put his hand in his right-hand trowsers pocket first, and then put both his hands behind him, through the rails—I saw Mr. Austin examine the place, and take up this money—the prisoner's hands were in that direction.
GUILTY . † Aged 15.— Confined Nine Months.
WILLIAM READ . I am errand boy to John Boulting, and live in Union-street, Middlesex-hospital. On the 1st of Aug. I was going up Broad-street, towards Oxford-street—I met two young men, one wore a flannel jacket, and the other a black coat—I knew the one with a flannel jacket—he came up to me, said, "How are you," and put his hand in my waistcoat pocket, where I had one shilling and a penny—I put my hand in my pocket, and told him to take his hand out—I went on, and met with the prisoner talking to a boy—the prisoner came to me and said, "You saw me talking to that boy"—I said, "Yes"—he said, "I had a fight with him, and he says his mother will take out a warrant for me"—I said, "Very well"—he said, "Look at my black eye and torn shirt, that was done with the fight"—he then laid hold of me, and showed me how he wrestled with the boy—he put his leg under me, and mauled me about—he said he should go down the back slums, and look for his father—I felt, and missed my money—I ran through the posts after him—I met a policeman, and told him—he saw the prisoner going into a house with the other two that I had seen at first—there was a girl standing outside the door, they spoke to her, and all three rushed in—there was no money found—when we got in he had his jacket off and his silk handkerchief—he dropped the handkerchief as he was going to the station.
Prisoner. You said, "You have been changing your clothes; that is the boy, he has a black eye." You said I took the shilling out of your pocket. It is quite false; it is no such a thing.
standing down at the end of Lawrence-street. The prisoner and two others came into a house—one of them had a flannel jacket on—Read immediately identified the prisoner—the prisoner said he had not seen Read before.
Prisoner's Defence. I had been in three quarters of an hour, and the boy came in with a policeman, and said I had taken one shilling and a penny.
(The prisoner received a good character.)
GUILTY . Aged 14.— Confined One Year.
2397. JOHN RICHARDSON was indicted for stealing, on the 2nd of Aug., 30 ft. of paving stones, value 10s.; and 4 cart-loads of pieces of stones, 8s.; the goods of the trustees of the parish of Saint Mary, Islington; to which he pleaded
GUILTY . Aged 29.— Confined One Month.
JOHN JAMES BAGGARLY . I live in the Hampstead-road. About six o'clock on the 4th of Aug. I was in the crowd where Father Mathew was—I felt some one's hand in my pocket—I turned, and saw the prisoner close behind me—he dropped my handkerchief on the ground—I immediately collared him—he said, "What is that?"—I said he was the man, and called for the police—this is my handkerchief—I am quite sure of it.
Prisoner. Might not any other person have thrown it down? Wittness. I can positively swear I saw it in the act of dropping from your hand. I was outside the crowd. I saw it in your hand. I took the prisoner away from the people, and ordered him to leave the ground, or I would give him in charge. The policeman came up, and I pointed him out.
GUILTY . Aged 22.— Confined Three Months.
JOHN GEORGE LOVETT . I am in the service of William Acland, in Verulam-buildings. About eleven o'clock on the 4th of Aug. I was brushing my master's trowsers—they were on the balustrades—I was called into the laundry—I came back in two minutes, and they were gone—these are them.
Prisoner's Defence. I went into a public-house; a man asked if we would buy a pair of trowsers; I bought them, as I wanted a pair.
GUILTY . Aged 28.— Confined One Year.
TIMOTHY THOMAS . I am a linen-draper, and live in Tabernacle-walk, Finsbury. About half-past six o'clock in the evening of the 31st of July, I had some canvas safe outside the door—I missed it about seven.
where it came from—he said he brought it from the theatre in John-street, and it was his own—the policeman came, and I gave him in charge.
Prisoners Defence. A man came and asked me if I would earn 1s.—I took the canvas of him—he said, "This was intended for a private theatre near St. John-street, if you will pawn it for me I will reward you."
GUILTY . Aged 37.— Confined One Year.
ANDREW MALONY . I live in Bennet's-place, Gracechurch-street. On the 2nd of August I was down the Commercial-road, at a meeting of Father Mathew's—the officer told me something—I felt, and missed my handkerchief—I believe this to be mine—I cannot positively swear to it—it was safe a few minutes before.
GEORGE KEMP (police-constable N 82.) I was on duty in plain clothes—I saw the prisoner try several pockets, and then go to the prosecutor, put his hand into his pocket, and take out this handkerchief—he put it up his jacket—I took him, and took it from him.
Prisoner's Defence. I was in the crowd; a lad chucked the handkerchief down at my feet; I asked the gentleman next to me if it was his; he said no, and I took it up.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy. — Confined One Month.
HENRY HOPE . I am a butcher. About nine o'clock on Saturday, the 29th of July, the prisoner came to my shop—I found my niece had got him by the arm—she said he had got a piece of pork—I turned for a moment to speak to a customer, and he ran away—I did not lose sight of him—I caught him by Mr. Webb's, the pawnbroker's.
Prisoner. Q. Did you find the pork on me? A. No, you threw it down on the board.
MARTHA SMITH . I am the prosecutor's niece. When the prisoner came I watched him—I saw him take up a piece of pork and lay it in front of his trowsers, and put his coat over it—he turned towards the door to go out—he had not bought any pork, nor spoken a word—I seized him, and he threw the pork on the board.
Prisoner's Defence. I had no idea of taking the pork; it was some tea and sugar I had in front of me.
GUILTY . Aged 65.— Confined Six Months.
About the 5th of July the prisoner came to sell some clothes—I missed a handkerchief—it was safe when the prisoner came—when my father came home he missed it—this is it.
(Property produced and sworn to.)
Prisoner's Defence. There was another boy went into the shop; I did not see any handkerchief; when I came out I saw the boy again, and he sold it to me for 4d.; I had no money, and asked Cox to pawn it for me; he pawned it for 9d., and I gave him 1 1/2 d.
GUILTY . Aged 15.— Transported for Seven Years—Convict Ship.
Sixth Jury, before Edward Bullock, Esq.
GUILTY . Aged 16.— Confined Two Months.
Cross-examined by MR. DOANE. Q. Is your wife here? A. No.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
AMELIA ANDERSON . I am the wife of William Anderson, and live in Old-street. My husband is an engineer—I carry on a lace and fancy business. I engaged the prisoner on the 29th of April, 1842, to sell my goods—when he received the money he was to bring it to me—I was to allow him 7 1/2 per cent. on the money he brought in—among other customers, he mentioned to me the name of a Mr. Jay, of Regent-street—he had goods from me at various times, which he said were for Mr. Jay—in the beginning of Sept. he said that Mr. Jay wanted credit—his goods had been sold for cash before—I consented to let him have three months' credit—there were more goods than usual went to Mr. Jay at the beginning of this year, but I did not get the money that I expected, and I told the prisoner I would go to Mr. Jay—he said he would rather I should go, as he had asked so repeatedly for the money, and Mr. Jay had made so many excuses, that he could not pay it, that it was very irksome to him to ask any more for it—my solicitor wrote first to Mr. Jay, and then in June I applied to Mr. Jay—on that day the prisoner came, and I asked if he had brought any money from Mr. Jay—he said, No, Mr. Jay was going into the country, where he had some houses, and he should receive the rent for them, and he was to go on Monday for the money—I saw no more of the prisoner till he was taken into custody—I
afterwards received this letter, dated 15th of June—this is his handwriting—it came in this envelope, and was posted in Farringdon-street.
Cross-examined by MR. PRENDERGAST. Q. Did not the prisoner generally have two or three months' credit for the goods he sold? A. No, he allowed the customer, when he received ready money, two and a half per cent.—on the 29th of April he brought me ready money for some goods, that was the day they were sold—he was with me fourteen months—he had perhaps brought me ready money ten times during those fourteen months—my husband is a journeyman engineer, and I carry on this business—I manufacture in my own house in tambour work—I and Mr. Jay had no transactions in business before the prisoner came—I did not know him—I gave the prisoner Mr. Jay's bill every month to deliver—it is usual to send in a statement of goods—I found the last bill at his house—this is my book—I told the prisoner Mr. Jay's was a very extensive mourning warehouse—I thought very likely he might do business there if he would call—I had no acquaintance with the prisoner—I had employed his sister about two months—that was his introduction to me—I paid him about 14l.—he told me he had other commissions as well, but not in the same line—that he was doing business as a fancy stationer, and collecting debts for another person—he had no weekly salary—I have no acquaintance with Mr. Leslie—my husband has seen the prisoner many times—he never concerns himself in the business.
MR. DOANE. Q. Did he know the prisoner was engaged by you? A. Yes, I consulted with him before I engaged him.
PHILIP JAY . I am in the service of William Jay, of Regent-street—we had bugle goods from the prisoner from time to time—I never heard of Mrs. Anderson—on the 12th of January I paid the prisoner 9l. 15s. for these goods by a check—on the 9th of February I paid him 13l., on the 10th, 5l. 16s.—he did not in June make any application to me for money—I did not tell him I was going into the country where I had some houses, and I would endeavour to get some money—he always had his money—at first we used to pay him every time, and then we took more, and took a monthly account—he had his money every time he called for it.
Cross-examined. Q. Did you deal with him entirely in his own name? A. Entirely in his own name—I always paid the money to him for himself—the 10th of February was the last of these sums.
MR. DOANE. Q. Did he deliver you the invoices made out by Mrs. Anderson? A. The invoices were put on the file and brought to me—I never heard of Mrs. Anderson in the matter.
MR. PRENDERGAST to AMELIA ANDERSON. Q. The goods the prisoner had of you were a few at a time? A. He would have from 30l. to 40l. worth at a time—I sent a stock round to all the customers that they might take what they pleased—I sent Mr. Jay as much as he ordered, 2l. or 3l. worth at a time—the goods were taken in two boxes—he had a boy to carry them who I employed—the prisoner got money for me from a loan society—Mr. Anderson was responsible for it, and has paid it since—the prisoner did not lend me 10s., nor get a coat out of pawn, nor advance me small sums—I have sold collarets—some of them are made of lace, and some of crape, embroidered with bugles—Mr. Jay had some of them—I sold the prisoner two bugle collarets for mourning.
MR. DOANE. Q. Did you enter in the books the sums when the prisoner paid them to you? A. Yes—on the 12th of January he paid me 6l. 4s. 6d., as received from Mr. Jay—on the 9th of February, 7l. 16s.; and on the 10th of February he did not account to me for any money—on the 14th of December I had been sending out a great deal of work, and received a very little
money, and the prisoner told me, as I was short, if I pleased he would get a loan for me, if Mr. Anderson would become security—Mr. Anderson said no; but he did agree to it subsequently—(letter read.)
"To Mrs. Anderson, 4, Winkworth-buildings, City-road.
"Madam, I am very sorry that I have not been able to let you have any money these last few days, and the more so as the whole of the goods I have had of you for the last six or seven months were for a shop I have taken on my own account, in which I have lost so much money that I have been obliged to give it up a fortnight since. The whole of the money I have paid you during that time was what I bad taken in the shop—I have frequently been obliged to sell the goods at considerably less than cash price, on purpose to get some money for you, hoping to be able to keep it up till the latter end of next month, when I shall have some money, as I am then going to be married to a young lady at Gravesend, who will be of age then, and I shall have some property to receive, &c."
JURY to MRS. ANDERSON. Q. Was the prisoner to keep possesion of the goods till he sold them? A. No—he was not allowed—he was to return them, and give an account of what he had sold—the goods were carried by my boy.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Twelve Months.
(There was another indictment against the prisoner.)
DANIEL STURGE . I am a coal-merchant, and live at Bridge-wharf, City-road—I have stables at the bottom of my yard. The prisoners were in the habit of coming to remove dung—they came on the 8th of August, about twelve o'clock in the day—most of my own men had left for dinner—I saw the prisoners at the wagon loading—they left suddenly, and went into a stable—I went to the stable—Draper was holding up a sack, and Fowler dipping the oats from the bin, and filling the sack with them—I said, "What are you doing here, robbing me in this manner?"—they pleaded that they were taking the oats for the horse, which they had no business to do—there was about a bushel of oats in it—I detained them.
Cross-examined by MR. PRENDERGAST. Q. You did not see them do it? A. Yes—I do not know any thing about the sack—the oats in the bin were mine.
(The prisoners received good characters.)
DRAPER— GUILTY . Aged 48.
FOWLER— GUILTY . Aged 33.
Recommended to mercy.
Confined Fourteen Days.
WILLIAM ROBERT MORGAN . I am a baker. The prisoner was my appretice—I sent him out with bread on the morning of the 31st of July, and he returned in the afternoon—it was his duty to account to me for money in the evening—he was in my shop, waiting at the door, but I was engaged with a customer for about a quarter of an hour, and during that time he went out—he did not live in my house—the next morning, between five and six o'clock, I opened the shop door, and found him sitting on the step, intoxicated, and quite stupid—he said, "Don't touch me"—I gave him in charge.
NOT GUILTY .
JOHN DELAY . I live in Chichester-place, Gray's Inn-road, and am a haberdasher. These slippers are mine—I had them safe at my door on the 1st of August—I was taking the things in, and a gentleman said, "A boy has taken a pair of shoes"—I saw the prisoner, and followed him, crying, "Stop thief"—he jumped down an area—a policeman came up and caught him—I asked him where the shoes were—he said, "The shoes are down where I came from, if you will go down for them"—the policeman got them—these are them.
Prisoner. She is telling a falsehood; they asked if she saw the boy take them; she said, "Yes," and then she looked round, and said she could not see him.
Prisoner. A man asked me to carry a box, and as I came back I picked up these shoes; I did not know who they belonged to.
GUILTY. Aged 14.—Recommended to mercy .— Confined Fourteen Days, and
JOHN EDWARDS . I am shopman to Mr. John Darlon, a hosier, in St. John's-street. On the afternoon of the 29th of July I was spoken to, and ran out of the shop—I saw the prisoner walking from the shop, with these stockings under his arm, tied in a handkerchief, but I could see them—I followed him, and caught him—he threw them down—I took them up, and gave him in charge—I had seen them safe about ten minutes before, inside, by the door.
Prisoner's Defence. A lad ran past me, and threw them down close by me; a man said it was not me; the witness took me instead of him.
GUILTY . Aged 16.— Confined Three Months.
JOHN GOODRIDOE . I am shopman to Thomas Vesper, a pawnbroker, in Sydney-place, Commercial-road. On the afternoon of the 8th of August the prisoner came and asked me for a pair of shoes—I said there were some on a ladder outside the door—she looked at some, and said there were none to fit her—she went away—a person then spoke to me—I looked, and missed some shoes—the prisoner afterwards passed the shop—I sent the foreman after her—he brought her back, and she was asked if she had not got a pair of shoes—she denied it—we said a person saw her take them—she still denied it—the foreman then asked where she had been—she said, "Down the Highway to redeem a gown and a sheet"—these shoes were found beneath her shawl—they are my master's.
found on her—she gave her address at No. 6, Charles-street—I went, and found she did not live there.
Prisoner's Defence. These shoes were lying on the pavement; I took them up, and in going by the prosecutor's shop, a lad came and said I had stolen a pair of shoes; I said J had not stolen them.
GUILTY. Aged 28.—Recommended to mercy. — Confined Fourteen Days.
NOT GUILTY .
ALFRED JAMES BOWDEN . I live with my father, William Bowden, it Chalk-farm Tavern. I had some fowls and two tame rabbits—Freer had lived with my father as ostler, and left about a month or five weeks ago, to go to live about three hundred yards from our house—the fowl-house was fastened with a latch which could be opened outside by a person who knew how to do it—he had seen me open it—I do not know Kendall—on the 4th of August I fastened up the fowl-house—there were nine fowls and two tame rabbits in it—next morning, about five o'clock, I missed eight fowls and a rabbit, and there was some blood on the ground—I went to the station, and found them—I am quite able to say they were mine.
CHARLES GORNOHAM (police-constable S 21.) I was on duty on the bridge leading to Chalk-farm on the night of the 4th of August, about twelve o'clock—I saw the two prisoners coming in a direction from Chalk-farm-—they crossed over, and went down Park-village—each had a bundle—I followed them to Mary-street, Hampstead-road, stopped Freer, and asked what he had got—he said, "Nothing particular"—I found it contained two fowls and a rabbit—I took him to the station, and left them—they were quite warm, and appeared to have been recently killed—he said he had found them—Kendall was on the opposite side—Barnett took him—I saw him take two fowls from his pocket, and three out of a piece of green baize which he had.
KENDALL'S DEFENCE. I was in the York and Albany; Freer came in, and said he had got something in my line; some poultry which was down the road; we went and I agreed that I would give him 1s. 6d. a piece for them in the morning if I liked them.
FREER— GUILTY . Aged 38.— Confined Six Months.
KENDALL— NOT GUILTY .
ADOLPHUS TAYLOR . I have been lodging with Mr. Green, in Stepney-fields—I was present in the Commercial-road, on the 4th of Aug., when Father Mathew was holding his meeting—I saw the prisoner go behind several gentlemen who were going to be pledged—I saw him go behind a gentleman, lift his coat, and put his hand in the pocket—there were three more with the prisoner who got round him—the prisoner then drew the handkerchief out of the prosecutor's pocket, and gave it to one of the three—the other
three ran away—I laid hold of the prisoner, called the police, and gave him into custody.
Prisoner. I was right away down at the other end of the mob—you said to the gentleman "Did you lose a handkerchief?"—he said no at first, and then you said, "This is the boy that took it."
Prisoner. I was not near you when I was accused of this—I never saw it.
(CHARLOTTE DUNCAN, the prisoner's sister, gave him a good character.)
GUILTY. Aged 12.—Recommended to mercy by the Jury and Prosecutor — Transported for Ten Yean.—Parkhursi.
NEW COURT, Saturday, August 20th, 1843.
Sixth Jury, before Mr. Common Sergeant.
2415. HENRY BARNES was indicted for stealing, on the 23rd of June, 1 case of mathematical instruments, value 8s. 6d.; the goods of William James Lawrence: and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 26.— Confined Six Months.
GUILTY . Aged 8.— Confined Ten Days and Whipped.
GUILTY . Aged 33.— Confined Six Months.
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 23.— Confined Four Months.
2420. RICHARD GEORGE THOMAS HUGHES VAUDERVILLE was indicted for stealing, on the 18th of Aug., llb. weight of pork, value 1s. 6d.; the goods of Thomas Ellis, and that he had been before convicted of felony; to which he pleaded
GUILTY .— Transported for Seven Years.
2421. SAMUEL THOROGOOD and BENJAMIN CRISP were indicted for stealing, on the 11th of July, 2 brass ornaments, value 1s. 6d.; 1 fender, 1s. 6d.; 2 sets of fire-irons, 6s.; 2 pairs of candlesticks, 2s.; 6 knives, 1s.; and 6 forks, 6d.; the goods of John Prowse, their master.
JOHN PROWSE . I am an iron-monger, and live in Red Lion-street; Holborn. Thorogood was in my employ, and Crisp was so occasionally—I went with an officer to Crisp's lodging, and found a scrubbing and black lead brush, a few knives, and a mass of duplicates—I can swear to these as my
property—after that, I charged Thorogood with robbing me—I took him down to his lodging, and found a tin boiler, a quantity of things, and a quantity of duplicates—I found this fender and fire irons at Warren and Fowler's pawnbrokers, in Old-street—I charged Thorogood with stealing them, and he said he had given them to Crisp to pawn.
Cross-examined by MR. DOANE. Q. I believe he said, "I gave Crisp a fender to show to a customer, and he pawned it, and I did not like to tell you, and to get that out I let him have another, and that led to the other things being pawned?" A. Yes—he had been in my service three years—he has occasionally been with me at public-houses, and I have been in the habit of tossing with him—I have not gained all his earnings—we tossed for a drop of beer—I have not gone with him to Mother H.'s, in Prince's-street—I have been there—I have played at skittles and bagatelle—I have never been to brothels with him—I went once, and got him out—we have never in any of our night frolics brought home any scrapers—I believe he has, and taken them down stairs.
THOROGOOD— GUILTY . Aged 20.
CRISP— GUILTY . Aged 45.— Confined Three Months.
2422. SAMUEL THOROGOOD was again indicted for stealing, on the 18th of March, 3 flat-irons, value 1s.; 10 knives, 3s.; 15 pairs of scissors, 4s.; 5 pairs of snuffers, 2s.; 9 spoons, 1s. 6d.; 5 pairs of nutcrackers, 1s. 6d.; one pair of bellows, 2s.; 1 tea-tray, 1s.; 2 taps, 2s.; 4 corkscrews, 12s.; 12 finger-plates, 3s.; 8 forks, value 2s.; 1 roasting-jack, 2s.; 16 finger-plates, 16s.; 1 jug, 1s.; 1 curtain, 9d.; 2 knife-rests, 6s.; 1 waiter, 1s.; 2 slop-pails, 6s.; the goods of John Prowse, his master: and MARY ANN RANDALL , for feloniously receiving the same, knowing them to have been stolen; against the Statute, &c.
RANDALL. I pawned them, not knowing them to be stolen.
HARRIET HAYWARD . I am searcher at the station—Randall was brought to be searched—I found on her a purse, containing seventeen duplicates—most of them correspond with those produced by Pilligan—she said she had not anything relating to the property stolen—when I found these, she said, "They don't belong to this property, they are all my own."
ROBERT COLE (police-constable G 193.) I took Thorogood at his master's, in Red Lion-street—he took me to his lodging, Brill-place, Somers-town—Randall was in the house when I got there—Thorogood told me he lodged with her—I found a great quantity of property, which the prosecutor identified—Randall gave me the key of her box, and said Sam had brought the things home, but she did not know he had stolen them—the amount of the property recovered is about 20l.—a great many pawnbrokers who were there gave up things.
Randall. I had the duplicates of Thorogood's clothes, and all other things of his—many of the duplicates are for my clothes and his.
THOROGOOD— GUILTY . Aged 20.
RANDALL— GUILTY . Aged 40.
Confined One Year.
Confined Six Months.
11 o'clock, on the 18th of August, I was coming through St. James park—I gave the prisoner a shilling, because we had some conversation in Cleve-land-row together—I had a purse, containing two sovereigns, two half-crowns, two shillings, and a sixpence, in my breast-pocket—I missed it, and charged her with stealing it—she said she had not got it—I saw it in her hand—she called another girl, "Ann, Ann!" and gave her the purse, over my right shoulder—I swear I saw it in her hand.
Prisoner. He gave me a shilling, and if he saw the purse in my hand, why did be not take it out?—I never saw it.
NOT GUILTY .
2424. FRANCIS REES was indicted for stealing, on the 8th of Aug, 27 handkerchiefs, value 4l. the goods of Richard Wilcox Fairlaw.—2nd COUNT, stating it to be 26 yards of silk, 4l.; and that he had been before convicted of felony.
SAMUEL SUCKLET BENSON . I live with Richard Wilcox Fairlaw, a pawn-broker, in Lisson-grove. On the 8th of August, at nine o'clock, the prisoner came and unfastened the window, took the twenty-seven hankerchiefs from it, and went out with them—I was at the back of the shop—he looked round, saw me, and ran away with them—I pursued—just before I overtook him, two policemen stopped him, and took the handkerchiefs from him.
GUILTY . Aged 37.— Transported for Seven Years.
WILLIAM KERNITT HARVEY . I live in Great Queen-street, Lincoln's Inn-fields. About a quarter before ten o'clock, on the 8th of August, I was at Battle-bridge—a boy came and told me something—I saw the prisoner and another—the boy pointed to them, and they both ran away—I followed the prisoner till the policeman took him—the other went another road—the policeman found this handkerchief—it is mine.
RICHARD FANCOURT . About a quarter to ten o'clock that night I was just by Battle-bridge—I saw the prisoner and another for about a quarter of in hour—I saw them walk up behind a lady and the prosecutor—the other took the handkerchief out of the prosecutor's pocket, and put it into his own, be then tried the lady's pocket, and they went away directly, we hallooed "Stop thief"—he gave the handkerchief to the prisoner, and the prosecutor followed him.
Cross-examined by MR. DOANE.