CENTRAL CRIMINAL COURT.
ELEVENTH SESSION, HELD SEPTEMBER 18TH, 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, September 18th, 1843, and following Days.
Before the Right Honourable JOHN HUMPHERY, LORD MAYOR of the City of London; The Right Honourable Thomas Erskine, one of the Justices of Her Majesty's Court of Common Pleas; Sir Cresswell Cresswell, Knt., one other of the Justices of Her Majesty's Court of Common Pleas; Sir Peter Laurie, Knt.; William Taylor Copeland, Esq.; Sir Chapman Marshall, Knt.; Thomas Johnson, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: William Magnay, Esq.; Michael Gibbs, Esq.; John Johnson, Esq.; Thomas Farncomb, Esq.; John Musgrove, Esq.; and William Hunter, Esq.; Aldermen of the said City: John Mire-house, 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. ELEVENTH 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, September 18th, 1843.
First Jury, before Mr. Recorder.
GUILTY .— Fined 7l.
GUILTY .— Confined Six Months.
GUILTY .— Confined One Month , and to enter into Recognizances.
Before Edward Bullock, Esq.
JOSEPH FARNBOROUGH . I am a coal-dealer—the prisoner was in my employ—he carried out coals, and should bring the money back for them—Mrs. Smith dealt with me—the prisoner did not pay me any money from her on or about the 17th of August—I discharged him on Saturday the 19th—I ascertained, on the 21st, that it had been paid—he went with me on Tuesday to Mrs. Smith, to clear up his case—he abused her, and afterwards admitted that he had received it, and offered me the 8d.
Cross-examined by MR. HORRY. Q. How long was he in your service? A. Four months—he had 7s. 6d. per week—I have found out a great deal since he left me.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Two Months.
MR. CLARKSON conducted the Prosecution.
THOMAS FLANDERS . I am a pressmaker, and live in William-street, Shoreditch—the prisoner was in my employ as a smith, about fourteen months, and left in May, 1842. On the 8th of Aug. Mr. Ives came to me, and in consequence
of information he gave me, I went to his premises next day in the Curtain-road, and he showed me two cast-iron cog-wheels, which I believe, on my oath, to be my property—I went with Ives to the prisoner, and asked if he had sold Ives any cog-wheels—he said he had not, nor did he know anything of them—I gave him in charge.
Cross-examined by MR. BALLANTINE. Q. It was about fifteen months ago that the prisoner left your employ, I believe? A. It was about that time—I knew Ives in the neighbourhood as a tradesman, but never spoke to him.
Q. I suppose all you can swear is, you had wheels of a similar kind? A. There is a mark corresponding with my wheels, fortunately for the ends of justice, a flaw in the pattern, by which they are easily recognized—I have missed such wheels—I do not know how many—I cannot say when I missed them—I know my stock was smaller than it should be—the mark was occasioned by a crack in the pattern, the grain running crossways—I did not notice the flaw in them till Ives produced them—I then examined my stock, and found other wheels had the same mark—I have not sold any like these—I do not know how many I had, nor how many I have now—nobody but myself is allowed to sell them—Ives never worked on my premises, to my knowledge—I believe a person named Wilson, who worked for me, has set up in the same business.
WILLIAM IVES . I live in the Curtain-road, and am a wheelwright—I have known the prisoner two or three years—h eworked for me occasionally—about thirteen months ago he was working at my drilling machine, and said he would bring me a pair of wheels which would work the machine easier—I said if he brought them I would purchase them—he brought them, and I paid him 5s. for them, but did not use them—they laid about among my stock—within two months of his being apprehended, he came and saw them about—he threw them under the bench, threw something over them, and told me if Cannel (his uncle) saw them, he would know where they came from—in consequence of this, I went to Cannel, and from what he said, I went to the prosecutor's, about the 8th of Aug., and had some conversation with him about the wheels—he came to my shop next day, and claimed them—he said, if they were his they had forty teeth each, which these have—I afterwards heard him ask the prisoner if he had sold me a pair of wheels?—he said not, and he knew nothing of them.
Cross-examined. Q. When did you first mention about his putting them aside? A. When I was asked about it—it was after I had been at the office and made it known to the police—Mr. Flanders and his attorney spoke to me about it this morning—I do not owe the prisoner anything—I have his bills and receipts to prove it—he has made an unjust claim for 9l., and brought an action against me—after I had been to Cannel I was served with a writ, on a Saturday, and on the Tuesday following I went to Mr. Flanders—it is not twelve months ago that he first claimed the 9l.—I do not think it is eight months—I will not swear it is not six—I told him I owed him no money, and could show him his receipt—he demanded it frequently—he served me with the writ on Saturday—I had been to Cannel before that, one day that week—I know the prosecutor, by seeing him io the neighbourhood—I never worked for him—I have been on his premises when I went to the prisoner—I do not suppose I have been there three times—I did not take a wheel into John Higgins's shop about a twelvemonth ago, and say I had bought it of a Jew—I might possibly have a conversation with him about a wheel—he might see one in my shop—I did not point one out to him—a person named Roberts was before the Magistrate—the prisoner was here last Session, to be tried—it was postponed on account of my illness—I cannot tell what was the matter with me—I am not a medical man, but I went to one—he
said I ought not to be here—I cannot give you his name—he lives in Fleet-street—he was an entire stranger to me—I was taken there in a cab—I hired the cab—I was at work again in about two days, not on the same day, and I do not think I was the next day.
MR. CLARKSON. Q. What was the matter with you? A. I was taken violently sick with a giddiness in my head—I went over to Ludgate-hill—they sent for a medical man—he said I ought not to be out of bed half an hour—I was taken home in a cab.
HENRY BEALE . I am a wheelwright, and live in Spencer-street, Shoreditch. I remember being at Mr. Ives's shop twelve or thirteen months ago—I have seen the prisoner there frequently—he once showed me two wheels similar to these, and asked if I thought they would do for altering Ives's mill—I said I thought they would.
Cross-examined. Q. Do you owe the prisoner any money? A. I do not know that I do, if we settled—I do not owe him from 2l. to 3l., nor yet 1l.—several persons were in the shop besides the prisoner when he pointed out the wheels to me—Ives was present.
WILLIAM BROOM CROSS (policeman,) I took the prisoner into custody—I heard Mr. Flanders ask him two or three times if he had ever sold any wheels to Mr. Ives?—he said, never; he knew nothing about his wheels.
MR. FLANDERS re-examined. These are the wheels I saw at the shop, and I believe them to be mine—I never had the mould from which they were made—I purchased a quantity of these wheels—I have one that matches it—this also bears the same flaw across the rim.
NOT GUILTY .
2597. GEORGE AKERSTONE, alias Saville , was indicted for stealing, on the 24th of Aug., 1 cash-box, value 5s.; 2 penny-pieces, tnd 1 foreign coin; the property of Francis Henry Willis, his master; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 20.— Transported for Seven Years.
GUILTY . Aged 20.— Confined Four Months.
WILLIAM HARMAN . I am a cooper, and live at Uxbridge. On the 7th of Sept., which was market-day, I had some baskets hanging at the window for sale—about a quarter to five o'clock in the afternoon I saw the prisoner come to the window, take a basket down, and walk up the street with it—I followed her into a public-house two doors off—she put the basket on the ground behind her—I asked her if she had only just come into the house—she said, "Yes"—I said, "I fear you have something about you which you ought not to have"—she said she had not—she took up the basket, and said it was hers, she had bought and paid for it—I said I would send for a policeman—she begged of me not, and she would make me any recompence for the basket I liked—I sent for a policeman, and gave her into custody, with the basket—this now produced is it.
Cross-examined by MR. PRENDERGAST. Q. She did this quite openly? A. Yes—I have no doubt she was partially intoxicated—I had seen her before—she is well known in Uxbridge, and is married.
Cross-examined. Q. Did you know her before? A. By sight, but not name.
NOT GUILTY .
GEORGE TREW (police-constable H 125.) On the night of the 8th of Sept. I was in Bishopsgate-street, and saw the prisoner along with two others—I saw them follow a gentleman—the prisoner's companion felt in the gentleman's pocket—the prisoner was close behind him—I then saw them go and stand at the corner of a street for four or five minutes, all three together—they then crossed the road, and followed the prosecutor—I saw the prisoner's companion put his hand into the prosecutor's pocket, take out this handkerchief, and drop it on the ground—the prisoner picked it up, wiped his nose with it, and put it into his pocket—he was close behind at the time the other took it—I went and told the prosecutor, took him back to the prisoner, and said to him, "You have got this gentleman's handkerchief"—he said, "No, I have not"—at the same time he put his hand into his trowsers pocket, and dropped it on the stones—this is it.
Prisoner. It is a mistake, I was not with them. Witness. I am sure he was, for a quarter of an hour—the other two ran away directly—I had hold of him when he dropped the handkerchief.
FRANCIS LEWIS HOPKIRK . This is my handkerchief—on the night of the 8th of Sept. I was in Bishopsgate-street—the policeman came and spoke to me—I went back with him, and saw the prisoner drop the handkerchief.
Prisoner's Defence. I saw the handkerchief on the ground, and picked it up; I crossed the road; two young men came over and asked me for it, and the officer came up at the same time.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy. — Confined Four Months.
OLD COURT.—Tuesday, September 19th, 1843.
Second Jury, before Mr. Recorder.
GUILTY . Aged 16.— Confined Six Months.
EDWARD COOK . I am inspector of police at Hillingdon, Middlesex. On the 25th of August, I saw the prisoner near the station, at Hillingdon, riding on a gelding with a bridle and saddle, and leading another by a halter—somebody was speaking to the prisoner about buying them—he asked forty guiness for the two—a person bid him twenty-four for them—he offered to take thirty guineas—I then asked where he got them—he said he bought them at St. Nicholas fair, in Wales, on Friday, the 18th—I asked of whom he bought them—he said he would not tell me the person he purchased them of—I asked where he was taking them to—he said to London—I asked where there—he said he did not know anyplace in particular—I am sure he said he bought them on the 18th—the horses have been shown to the witness Harry, who claimed them—they were produced at the office—the owner asked the Magistrate permission
to sell them, on account of the expense of taking them home—the Magistrate allowed him to sell them.
Cross-examined by MR. PRENDERGAST. Q. Who took the horses from him? A. I took them to a livery-stable at Uxbridge—they remained there eight days—they were brought from the stable to the Magistrate's in my presence, and given up to Mr. Harry, who appeared three days after the prisoner was taken—I wrote to him in consequence of an advertisement in the "Hue and Cry."
WILLIAM HABRT . I live at Canton, in the parish of Llandaff, Glamorgan, and assist my mother, Elizabeth Harry, who is a farmer. I saw the two geldings at Hillingdon—one was bay, and the other black—I knew them to be my mother's—I had bought them, the bay about three years ago, and the black about a year and a half—I missed them on the 21st of August, and had seen them that day—it is usual to put them into a field at night—I know the prisoner—he lived near my mother a few years ago, and kept a public-house thirty or forty yards from my mother's—I missed the horses on the Thursday—I received a letter, went to Hillingdon, and found them—I am certain they are my mother's.
Cross-examined. Q. Did the prisoner deal in horses? A. No—I never heard anything against him—the horses were not branded—I knew them by their marks, having white legs, and being so much used to them—they worked on the farm—I ploughed with them, and groomed them myself at times—the bay horse had white legs, and the black one had one white leg—I was so used to them I knew them well, and am sure of them.
WILLIAM GEDDERIDGE I am a farmer, and live at Canton. I had seen these two geldings in the possession of Mrs. Harry—I have known them about two years—I am quite sure I saw the same at Hillingdon—I saw them, on the 22nd of August, in the Salt-marsh—I know the prisoner—I saw him at Cardiff, about a mile from Canton, about three weeks before I saw the horses at Uxbridge.
Cross-examined. Q. Is the Salt-marsh a common? Q. No; it belongs to a great many landholders—it is fenced in by the different proprietors—there is a field which is mine, between it and the common—the Salt-marsh has one fence all round—it is one piece of land—the horses were not marked—I was certain of them when I saw them at Uxbridge—I know them by working them, and have not the smallest doubt of them.
(The prisoner received a good character.)
GUILTY . Aged 36.— Transported for Ten Years.—Parkhurst.
GUILTY. Aged 27.—Strongly recommended to mercy —Transported for
Third Jury, before Edward Bullock, Esq.
2605. JAMES PERCIVAL was indicted for stealing, on the 25th of August, 2 bags, value 6d.; and 164lbs. weight of pepper, 5l.; the goods of Henry Grey and others, in a barge on the navigable river Thames.
THOMAS FOX . I am an inspector of the Thames police. On Friday night, the 25th of August, I was passing the Hermitage, at the entrance of the London Docks, on the river Thames, with my boat's crew—I saw a boat pass along the
other side of the way, with two men in it—we rowed after it to Hermitage-stairs—they there jumped out of the boat, and ran away—I took charge of the boat, and my men went after them, and brought the prisoner back to me—I found two bags of pepper in the boat, marked "S P," weighing 164lbs.—I asked the prisoner where he got the bags—he said a lighterman called him, and asked him to give him a cast to the wharf, as he had two bags too many—I asked him who the lighterman was—he said he did not know.
JOSEPH TRICKEY (constable of the Thames police.) I was in Fox's boat, and saw the prisoner and another man rowing the boat—they landed at Hermitage-stairs, jumpt out and ran away—I went after them, and secured the prisoner without losing sight of him, and brought him back—I am quite certain of him—when I took him, he put up his hands and said he had nothing about him, I could search him—I told him to come down to the boat and see what was there—he said he had nothing to do with the boat, he had a cast ashore in the boat; but when he got to Fox, he said he gave a lighterman a cast, and owned the boat was his.
THOMAS SMITH . I am a lighterman to Henry Grey and others. On this Friday I received some bags of pepper, marked S P, into my barge, in the London Docks, to make the best of my way to the Ocean steam-boat with them—I brought the barge out into the river with the bags in it, and went ashore for ten or twelve minutes, for refreshment—I did not miss the bags till the following morning when I came to deliver my cargo—I then missed the two bags produced.
Prisoner's Defence. A waterman asked me to give another man a cast, which I did—when he came alongside the barge, he said, "I want to take two bags in"—I rowed him ashore—he ran up the steps and called for me to come to the public-house to be paid—I ran after him, looked into the public-house, but could not see him, and was turning back, when I was taken.
GUILTY . Aged 21.— Confined Six Months.
2606. CATHARINE COLLINS was indicted for stealing, on the 1st of Aug., 1 pencil-case, value 2l. 10s.; and 1 handkerchief, 2s.; the goods of John Gorman; and 1 petticoat, 1s. 6d.; and 1 handkerchief, 6d.; the goods of Jane Murphy, her mistress.
JANE MURPHY . I am a widow, and live in Cambridge-street, Hyde Park, and keep a boarding house—the prisoner was about two months in my service—on Sunday, the 13th of August, I received information, and next morning I told the prisoner I missed a petticoat—she said, "What sort of one?"—I said, "With tucks at the bottom"—she said she had got one with tucks which was given to her by Mrs. Richardson—she unlocked her box and handed it to me—I said it was mine—she said it was not—I knew it to be mine—I do not recollect where I lost it from—it was in a drawer or about my room—it was made in the East Indies by a black man—I brought it home myself, and know the work—I told her again the next day it was mine—she said Mrs. Richardson gave it to her; but when I gave her in charge, she said it was mine—the policeman found a gold pencil-case and two pocket handkerchiefs in her box—the white handkerchief is mine.
Cross-examined by MR. HORRY. Q. How do you know the petticoat?
A. My dress-maker had put a fresh piece at the bottom—the prisoner said it was mine, not that it might be mine—I know no Mrs. Richardson.
JOHN WHITE (police-constable.) I took the prisoner—she said she did not steal the petticoat, but as she was leaving the door, she said it was her mistress's, and she hoped she would forgive her—next morning I searched her box, and found a gold pencil-case and two handkerchiefs—I showed them to her—she said she found the pencil-case in the street, and the silk handkerchief in the park, but the white one she never saw before.
JOHN GORMAN . I am a medical man—I lodged at this house, and left on the 9th of Aug.—I missed my pencil-case four or five days before that, and begged the prisoner, on two or three occasions, to look about the room for it—she said several times she was very sorry I had not found it—this is it—my initials are on it, and this handkerchief is mine.
Cross-examined. Q. I believe you had confidence in her? A. Unbounded—I merely lodged there five weeks.
GUILTY . Aged 22.— Confined Six Months.
2607. ELIZABETH LANGLEY was indicted for stealing, on the 24th of August, 1 guard-chain, value 20s., the goods of John Walls Goodwin, from his person; and ELEANOR JONES , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. HORRY conducted the Prosecution.
JOHN WALLS GOODWIN . I am a servant, and live in High-street, Marylebone. On the 24th of August, about half-past eleven o'clock at night, I met Langley, and went with her to her room, where I saw another female, which, to the best of my belief, was Jones—she went out as we went in—we were not together above ten minutes, and about an hour after I left her I missed a silver guard-chain from my trowsers' pocket—I was then at the Green Man, in Oxford-street—I saw a policeman, took him Sack to the house, and gave Langley in charge; but not finding the chain, I did not press the charge at the station—I had her apprehended again on the Tuesday—the chain produced is mine.
WILLIAM PETTIFER . I am a butcher, and live in High-street, Bloomsbury; I have known Jones as a customer about two years. About twelve o'clock at night, on the 24th of August, the prisoners came to me—I had not seen Langley before—Jones put this guard-chain into my scale, and asked me to weigh it—I said it was two ounces—she took it out and said, "Will you buy it?"—I said it was of no use to me—she said it was very cheap, and asked 5s. for it, and if it was day-time she could pawn it for 4s.—I said, "Is it your own?"—she said, "No, it belongs to this young woman," and Langley said it was hers—I gave 3s. 6d. and a piece of pork to Langley for it.
Langley. You gave me 4s.; I left, then returned and bought the pork. Witness. No, I did not—the policeman came next day, and asked if I had a chain from two young women—I said yes.
Cross-examined by MR. PAYNE. Q. I believe you took them separately? A. Yes; Langley in the street, and Jones in the house.
Langley's Defence. I found the chain after the gentleman was gone; I met Jones, and asked her to go with me to the pork-butcher's; I gave the chain to her; he saw it in her hand, and offered 4s. for it, which I took.
LANGLEY— GUILTY of Stealing only. Aged 18.—Confined
JONES— NOT GUILTY .
GEORGE LOWE . I am warehouseman to Mrs. Ann Conway and two others, wholesale grocers; the prisoner was their porter for three or four years. On Friday evening, the 25th of August, in consequence of information, as the prisoner was leaving the warehouse with a basket, I told him to stop for orders, and asked if that was his basket—he said it was—I asked what was in it—he said it was merely the basket he brought his meals in—I said, "I wish to see what is in it"—he then said he was very sorry, he had taken a little sugar—I took the basket from his hand, called a policeman, and gave him in charge—the basket contained eight pounds of very fine lump sugar of a peculiar kind, my employers' property.
Cross-examined by MR. PAYNE. Q. How long have you been in the employ? A. About twelve years—there was a great deal of property in the warehouse—the prisoner said it was the first time he had ever done anything of the kind, and begged forgiveness.
(The prisoner received a good character.)
GUILTY . Aged 47.— Confined Six Months.
M. HOWELL pleaded GUILTY . Aged 36.— Confined Three Months.
JAMES MARKS . I am a cheesemonger, and live in Somers-town. On Saturday night, the 26th of August, about half-past nine o'clock, I was attending outside my shop, and saw both the prisoners—the female was in the shop, and the man outside, about three or four yards from the door—the female had a piece of bacon in her hand—she asked me the price—I told her—she would not agree to it, and laid it back—near to that place was half a ham—I turned to speak to a customer, and on turning round again I missed it and the female prisoner also—I had put it there not two minutes before—she returned a second time—I watched her, and saw her take another half ham from the same spot, which I had placed there during her absence—she took it into the shop, and put it into her basket—she then went outside the door, returned again, and took a piece of bacon, took it towards the scale, and put that also into her basket—she then walked out and crossed the road—I went after her, fetched her back, and found in her basket the second half ham and the piece of bacon—she at first denied taking the first half, but afterwards admitted it, and said she had given it to her husband—I did not see the man after the first half was taken.
CHARLES DELANY (policeman.) I took the female into custody—in consequence of what she said, I went to a house in Mansfield-place, at twelve o'clock at night, and found the male prisoner in bed—I asked if he knew anything of his wife—he said he had left her at the Brill public-house, Somers-town—I asked it he had brought home any marketing with him—he said no—I asked if he was sure—he said yes—I searched, and found a piece of ham secreted under the flooring board in the parlour—I asked him how it came there—he said his wife had given it to him—I asked how he came to deny it in the first instance—he made no reply.
James Howells Defence. He asked me if I brought any basket in; I did
not hide the ham; it was thrown down on the floor; I was not nearer to Mr. Mark's shop than two yards from the pavement; my wife said she would purchase something for supper; I returned to the Brill, and she brought me this ham, tied up in a handkerchief; I went home, and put it on the floor; no board was taken up.
JAMES HOWELL— GUILTY . Aged 40.— Confined Three Months.
OLD COURT.—Wednesday, September 20th, 1843.
First Jury, before Edward Bullock, Esq.
THOMAS KAY (policeman.) On the 2nd of Sept., about eleven o'clock in the morning, in consequence of information, I stopped the prisoner in High-street, Whitechapel, with this bundle, containing this cotton—I asked what she had got—she made no answer—I asked where she got it—she made no answer, but turned very pale—I asked where she was going with it, and I believe she said she was going to get it made up—I took her to the station, and asked if the apron it was tied in was hers—she said yes, and that she had come out of prison that morning, where she had been committed from the workhouse, and had no where to go.
THOMAS BROOKER . I am shopman to James Crickett, linen-draper, Cable-street, St. George's. This print is his, and was taken off a bar outside our door—it was twisted round the bar, and pinned—it was put out at nine o'clock that morning—I am sure it was not sold.
Prisoner. I was wandering about; two young women asked me to carry it across the road.
GUILTY . Aged 17.— Confined Three Months.
Before Mr. Justice Erskine.
GUILTY . Aged 19.— Transported for Ten Years.
2612. THOMAS MORTLOCK was indicted for stealing, on the 26th of Aug., a certain post letter, containing two sovereigns, the property of Her Majesty's Postmaster General, he being employed under the Post-office.—Other Counts, for embezzling and secreting the said letter and money; to which he pleaded
GUILTY . Aged 35.— Transported for Fifteen Years.
2613. RICHARD RUSSELL and MARY ANN HAWKINS were indicted for feloniously, and without lawful excuse, having in their custody and possession a mould, on which was impressed the obverse and reverse sides of a shilling; to which
RUSSELL pleaded GUILTY . Aged 28.— Transported for Ten Years. No evidence was offered against
HAWKINS— NOT GUILTY .
Before Mr. Justice Creswell.
NOT GUILTY .
Before Mr. Justice Erskine.
MR. RYLAND conducted the Prosecution.
CHARLOTTE KING . I am the wife of Thomas King, and live at No. 20, Collingwood-street. The prisoner's brother, George Jeacock, lives in the front parlour—I knew the deceased for about a year and a half—she lived in Nelson-street, and was sometimes called Matilda Bailey, and sometimes Matilda Jeacock—she and the prisoner used to visit George very often in the front parlour—on Wednesday, the 16th of August, between five and six o'clock in the afternoon, they were in George's room—I heard the prisoner and deceased at very high words, and heard very bad language; in consequence of which, I went into the room—the deceased was then sitting, with a pair of scissors in her hand, and the prisoner was sitting on a table by her side—they were quarrelling very much—the prisoner asked the deceased for the key of the door—she denied it, and said she would not give it him—he asked for it again—she said she would not give it to him, and she would run the scissors into his b—guts—they were both the worse for liquor, but the prisoner more so than the deceased—the prisoner desired her to put the scissors down—she said she would not—I begged of her to put them down, and she dropped them by her side on the floor—I picked them up, put them on the sideboard, and begged of her not to take up such things as those any more, as they might do one another an injury before they were aware of it—I was then coming out of the room—the prisoner said something to the deceased, but what it was I cannot say—she jumped up, took the scissors off the sideboard, and stabbed the prisoner with them in his left arm—I cannot say whether he took them out of her hand or out of himself, but he instantly stabbed her with them in the side—I saw them in his hand—it was done very suddenly—they were both in a passion—on receiving the stab, the deceased only gave one scream, and fell on the chair—I never heard any more of her afterward—Mrs. Jones came in, and we assisted the deceased—she bled very much from the stab—we let her be till Mr. Gillatt, the doctor, came in, in about a quarter of an hour or twenty minutes—she remained in the chair till the doctor came—the prisoner sat on a chair by the side of her—she died on the Friday afternoon following.
Cross-examined by MR. HEELEY. Q. How long have you known the prisoner? A. About a year and a half—I do not know much of him—when the deceased took up the scissors to strike the prisoner, they were open—there was no struggle—she rushed suddenly on him, and inflicted the wound.
MARY ANN JEACOCK . I am the wife of George Jeacock, and live at 20, Collingwood-street—I knew the deceased by the name of Matilda Boreham—the prisoner and her were in the habit of visiting my husband almost every day—they were living together as man and wife—at the time of her death she went by the name of Mrs. Jeacock—I saw her and the prisoner at our house on the Wednesday in question—they had been drinking—the prisoner came into the room in the afternoon, about four o'clock—the deceased said, "This is a pretty birth-day for me; if I had 5s. I would spend it"—he directly took 6d. out of his pocket, and said, "Will you spend this?"—she said, "Yes," and he went and got some beer—they began quarrelling—he said he would go to his work—she said he should not—an old gentleman came in and spoke to them about quarrelling—I left them and went home—the prisoner came after me in about five minutes, and then the deceased came in—he asked her if she would go home, she said, "By and by"—he asked for the key—she
said she would not give it him, the door was open—they begin quarrelling about the key—I know she had the key, because I had seen it in her hand—they were at very high words, and used very vulgar names to each other—she then took up the scissors, which I think were lying on the table or sideboard, and swore she would run them through him, mentioning a very bad word—he said he would knock her d—d head off, if she did not put them down—Mrs. King came in and told her to put them down—the prisoner then desired her to put them down, and she let them fall on the ground—Mrs. King picked them up, and put them on the sideboard—I tried all I could to pacify them—she took hold of the scissors again, and made a rush from the chair and struck him between the shoulders and breast—he was standing not a yard from her—he directly took them, whether he took them from himself or from her hand, I cannot say; but he directly stabbed her in the side, before I could rise from the chair; she screamed, and fell on the chair she rose from—I did not see any blood then, not till she was undressed—I saw her between that and the Friday when she died.
Cross-examined. Q. You say there was a quarrelling for some time before? A. Yes; in the morning part, she hooted the prisoner down the street, at twelve o'clock, and called on the crowd to hoot him, and called him names—a child of the prisoner's, not by the deceased, was the first cause of the quarrel in the morning—she was in a great passion when she inflicted the wound, she foamed at the mouth and sprung on him—she has often threatened him—I have seen her do so a dozen times, with knives—I interposed between them all the time she was using this threatening language—I said I would go down on my knees if she would put down the scissors—her language was so bad that I should not like to repeat it—it was very irritating—I think the points of the scissors were open when she struck the prisoner, but it was done so momentarily, that I could not say—I saw two holes in his coat—I have looked at the deceased's stays since, and it seems the scissors went through the stitches—I have known the prisoner about nine years—he bore an excellent character as a quiet man, and is of a very forgiving temper.
ARTHUR GILLATT . I am a surgeon, and live in Shoreditch—I was called in to see the deceased, on the Wednesday afternoon, about five o'clock—I found her perfectly insensible, and sitting in a chair propped up against the wall—I had her removed to the bed, and undressed her—animation was restored in a short time—I found a wound in her side which I probed, and found to extend about three inches in depth, above the seventh rib—I gave her brandy and stimulants and she recovered a little, I then dressed the wound, and from the symptoms, saw there was some very serious injury—I attended her regularly till she died, which was on the Friday following—I made a post mortem examination—I found the point of the scissors had entered the left lung, opposite about the fourth or fifth rib—it was such a wound as one of the blades of a pair of scissors might have inflicted—I am quite satisfied that wound was the cause of her death—she had no disease—I did every thing I could for her.
Cross-examined. Q. Did the wound appear to have been recently inflicted? A. Quite recently—the prisoner was present when I first saw her—he seemed very sorry—I examined his wound, it was on the muscles of the chest near the heart; the clavicle, scapula and other bones are there—persons frequently recover after receiving wounds in the lungs—I probed the wound very slightly—I was satisfied that the wound entered the cavity of the chest,
and I considered it improper then to probe any farther—I probed about three inches—there are no arteries of very great importance within those three inches—if the wound had not penetrated the chest it would have been of trivial consequence—if any artery had been grazed by the passage of the scissors, the probing might have some effect on it, and therefore I did not proceed further—I closed the wound immediately—I administered brandy in the first instance, and good doses of sal-volatile—on the post mortem examination, I found a very slight enlargement of the liver, but nothing to affect her lungs—the stomach was perfectly healthy—it did not exhibit symptoms of inflammation—there was inflammation round the wound in the lung which was penetrated, the other lung was perfectly healthy—in a bad constitution, a wound not otherwise dangerous, is frequently mortal—taking a large quantity of alcohol produces an inflammatory habit, which is very dangerous—I am a member of the College of Surgeons.
JOHN HURDSTONE . I am clerk at the Police-court, Worship-street—I attended Mr. Bingham, when he went to the deceased's house to take her depositions, about half-past one o'clock—I was there about half an hour—she appeared to be perfectly still, in a state of collapse; but when spoken to she rallied, and spoke with a tolerably audible voice, and gave her statement very uninterruptedly—I took it down as she spoke it—this is it—the prisoner was present as well as Mr. Gillatt—and in answer to questions put to the prisoner, he also made a statement—she signed her statement, and the prisoner his, and it is attested by the Magistrate—(read)—"The information of Maris Boreham, &c.—I am a single woman, and live with the prisoner. I have got a wound on my side—it was done with a pair of scissors. I received the stab, I think, on Tuesday or Wednesday last, about half after five o'clock in the afternoon—it was William Jeacock, who is now sitting before me, who gave me the wound. I threw the scissors at him first, and then he struck me with them; he had been drinking, and was the worse for liquor. I had also been drinking. I believe we had a quartern of gin and a pint of beer between three of us. I have been living with the prisoner very near four years. He stuck the scissors into me, and I fell down from the blow; he is wounded on the shoulder; he was wounded by my throwing the scissors at him. I was excited by his using very bad language to me. I think it happened in the room we are in now, No. 20, Collingwood-street—I am thirty-three years of age."—"The prisoner says, 'We had been drinking together; I asked her for the key of Our lodging; we had words together in this room—she took the scissors from the table. I told her if she did not put them down, I would take them from her—we had more words; she dropped the scissors on the ground; we had more words, when she picked the scissors up, and stuck them into my shoulder. I took them from my shoulder and from her, and then in my anger I struck her with them.'"
(The prisoner received a good character.)
GUILTY. Aged 30.—Strongly recommended to mercy on account of the provocation. — Confined Three Months.
Before Mr. Justice Erskine.
2616. JOHN KELLY was indicted for burglariously breaking and entering the dwelling-house of William Henry Davies, about four in the night of the 26th of Aug., with intent to steal, and stealing therein, 2lbs. weight of bread, value 4d.; and 1lb. weight of beef, 4d.; his goods: and 1 hair-brush, 2s.; the goods of Emma Smith.
found the kitchen doors all open—they lead up stairs to the shop—the area door was unbolted, and a pane of glass was out, which made an opening sufficient for a boy like the prisoner to get through—if he had got through that pane he could reach the top-bolt, and open the door—he could get from that part of the house up stairs, through the shop—I had seen that door at half-past eleven o'clock the night before—I bolted it top and bottom—I did not see whether the other doors were fastened—the glass was then quite perfect—I went up stairs and told Mr. Davies—he came down and examined the place—I missed a hair-brush of my own from the table-drawer, which I had seen there on the Saturday night—I also missed from the pantry some bread, and about three-quarters of a pound of beef—the drawers in the kitchen were all tumbled—there were tablecloths in them—they were all left at they had been the night before.
WILLIAM HENRY DAVIES . I am a surgeon, and live at No. 390, Strand. The prisoner was my errand-boy about two months back, and had opportunities of going about the house—the area door opens into a small front area, beneath the street—there are iron railings across it—I was called up on Sunday morning, I went down and noticed that the pane of glass had been taken out of that door very carefully—the opening made was large enough to admit such a boy as the prisoner—one of the bars of the area railing was missing when I took the house, that might leave sufficient space for a boy of the prisoner's size to get between them; but it seems almost impossible that a boy could get through—there was no other means of getting into the area—the glass appeared to have been removed by cutting the putty round with a knife—I found the pane of glass in one of the cellars, underneath the street, on the other side of the area—it had been newly put in, I think, about the time the prisoner left my service—I cannot recollect positively whether it was before or after—I do not think a boy of the prisoner's size could reach the upper bolt when standing on the ground—the door was unbolted when I saw it—I did not observe any chair or stool on which he could have stood—I afterwards searched the house, but did not miss anything myself—I saw a broom and a mat left in the passage near the front door, which was open—it is usually fastened with two bolts, one at the top and the other at the bottom, a chain in the middle, and a latch—there are four or five fastenings to it—a boy of the prisoner's height, I should say, could not reach the upper bolt—I saw no chair or stool near, on which he could have stood—I do not recollect whether I had gone to bed before the servant—I went to bed, I think, about half-past eleven—I did not examine any doors or windows below stairs—I examined the front door; that was fastened and bolted in the usual way—my servant lived in the house before I took it—I had an assistant in the house named Barnes, he is now living with me.
JAMES WESTMORELAND (police-constable F 147.) On Sunday morning, about half-past five o'clock, I was on duty in the Strand, and passing Mr. Davies's door, I saw it was partly open; I pushed it wide open, and hallooed out, "Is all right here?"—the prisoner then came towards me from a passage-door, at the further end of the shop, with a hair broom in his hand and a door mat—I said he ought to be more careful than to leave the door open and go into the passage—he then shook the mat on the step of the door—believing he was Mr. Davies's errand-boy, I went away and thought all was right—I had never seen him before to my knowledge—I am quite sure he is the boy—he came out on the outside step of the door—I stood there about two minutes while he was shaking the mat—in consequence of information I afterwards went to his lodgings, 2, Wild-passage, and found him at home—I said he must come to the station with me, for being found in Mr. Davies's house—he
said, "Very well," he knew nothing at all about it, he was in bed and asleep—I took him into custody.
JOHN HIND (police-constable F 118.) On Sunday morning, the 27th of Aug., about half-past two o'clock, I saw the prisoner sitting under a doorway in Southampton-street—I asked him what he was sitting there for, he said his aunt had turned him out of doors—I asked where he lived, he said, "No. 2, Wild-passage"—I asked him were his father and mother were, that he could not go to them, he said that his father was in the hospital, and he had no mother—I asked what was the matter with his father, he said he had an inflammation on the lungs—I had never seen him before to my knowledge, but am quite sure he is the boy.
Prisoner's Defence. It is No. 3, Wild-passage, I live; I was not up at the time; I went to bed at nine o'clock, and got up about five minutes to eight.
MARY PLEASANT . I am the wife of William Pleasant, of No. 3, Wild-passage, Drury-lane. The prisoner lives in that house, with his father—I remember the Sunday he was taken up—his father was then in the infirmary—he caught cold, and was very ill—no one was living in the room but the prisoner—his aunt and sister came at meal times—the room is on the first floor front—I occupy the back and front parlours—I had seen him on the Saturday night before this Sunday, between twelve and one o'clock, at my own house—we occupy four rooms in the house—having no father or mother to control him, he stopped up till then in my room, with a boy in the house—he first came into my room at eight o'clock, and left between twelve and one—I saw him up to his bed—I did not go up stairs with him, but I saw him go indoors—he turned the key, and wished me good night—he pulled his boots off in my place, and partly undressed—one of the lodger's boys was there—they were sitting up, talking together—in the morning I saw him in his own room—I called him, to know whether he would have any breakfast or no—he was all but naked—he was out of bed—on the Monday he was taken to the station again—his aunt lives in Stewart's-rents—he never lived with her—he has come home at very unseasonable hours to his meals.
BRIDGET LAMB . I live in Lincoln-court, Drury-lane, and am the prisoner's aunt, his father's sister. He was taken up first on Sunday morning—he was discharged on the Sunday, and taken again on the Monday—I saw him on the Saturday before he was taken up, and saw him go to bed between eight and nine o'clock—I left him in bed—he went into his father's room—his father was two months, or better, in the hospital—I used to go off and on to his father's—I know Mrs. Pleasant—I saw her and her husband that night—I saw them after my nephew had gone to bed—I took the latch-key belonging to the street-door away with me, and kept it till next day, and he could not come out without it till the morning—every one in the house has a latch key—this one belonged to his father—I left Mrs. Pleasant's about eleven o'clock—the prisoner said he would go up stairs and go to bed—he said, "Aunt, I will go to bed"—I said, "Do, in God's name, and be a good boy," and he did—he has slept at my house while his father was in the hospital—there was no one to look after him but me—he has no mother—he did not generally sleep at my house, but as he was lonesome, I brought him down to keep him company—he has slept at my house about twice altogether—he was always a good boy.
NOT GUILTY . Fourth Jury, before Mr. Recorder.
JOHN NORMAN . I am a cabinet-maker, and live in Castle-court, Badgerow. The prisoner worked at my place—I saw a piece of mahogany framing at Mr. Griffiths's last Saturday fortnight, which was mine—after the prisoner's wages were paid I watched him, and saw him go into Griffiths's shop, and remain there a very short time—he then brought out the mahogany panel—I let him carry it as far as Cannon-street, then stopped him—it was mine—I brought him back to my shop, gave him a reprimand, and let him go—I searched his premises on the Monday, and found a number of pieces of mahogany veneers, rosewood and other wood, and other things; in consequence of which, I charged him with stealing this panel, which I had bought three or four days before.
Cross-examined by MR. JONES. Q. What are you? A. A cabinet-maker and auctioneer—I am not a furniture-broker—the prisoner was fourteen months in my service up to the 24th of June, he then left, till within three days of this robbery—I had no character with him—his nephew asked me to give him work, and I knew he knew nothing about his character—he assisted me at sales at times—I never had a sale where there was this description of wood—I never allowed my men to take what is called the clearance of sales, or refuse of property sold—I never give them anything, nor take anything myself—I leave three or four blank lots in a catalogue for any thing that may be omitted—everything is sold—when I let the prisoner go I told him I had found out the thief, though he had been accusing other men—I had discharged other men on his account—I had not a man but what he taxed with robbing me—he said it was true, and he was very sorry for it—he did not say he took it for firewood, as he considered he was allowed—I had seen the panel between twelve and four o'clock that day—it is worth about 10s.—it is Spanish mahogany—I went to the prisoner's house, and saw his wife—I said, "I would do anything for you, Betsy, as I have done for the family for years; but for him, never let me see him"—I did not say, "if the prisoner is got rid of," nor "The sooner you, or we, get rid of him the better," nothing of the sort—I believe I shook hands with his wife—this was before he came in—I believe I never spoke to Betsy after he came, except "Good bye"—I always call her Betsy—I said nothing about getting him transported, or getting rid of him—I do not think I shook hands with her more than once—I did not say, "I will do anything for you;" "but let us," or "when we get rid of him"—his wife was formerly in my service, and I knew her when a child—she came to my house, I think, the day after he was given into custody—I swear I have not seen her more than twice at my house since he was taken into custody, or elsewhere, except in this Court—she came to my house, and asked me not to appear against him, to speak in his favour, and have mercy on him—I told her they had put things out of my power—she was a year and a half or two years in my service—she is about thirty years old—she is not related to me—when she came to my house I saw her in my shop, never up stairs—she was there five or ten minutes—she came to fetch her husband's tools—I did not see her more than once—I did not say I would assist her with money, nor tell my son to say so—I have not been to the prisoner's house since he has been in custody—I do not think I should have prosecuted him, if I had not found at his house the very things he charged a servant girl with stealing—that was some harp-strings—I discharged both servant girls and every man I had, on his account—he taxed every one with dishonesty—I cannot suppose his wife knew the things were at the house, from the respectability of her family—the mother was present—I said I must get rid of him, not to have any more to do with him—I did not use the word" first"—I have known the family thirty years, and felt an interest for them—I believe his wife to be a virtuous woman.
MR. JONES called
PAMELA MORRIS . I am the prisoner's wife's mother—her name is Sarah—I have known Mr. Norman many years, I remember his coming to Groom's house on Monday afternoon, the day he was taken into custody—Norman shook hands with my daughter and with me too, and said, "I will do anything for you, Mrs. Morris, or for Betsy, or any of the family; get rid of him first."
COURT. Q. How long have you known the prosecutor? A. About twenty years—he always professed to be friendly to us—I do not know that ever I received any friendship from him—when I have met him he has professed friendship—he was always friendly, except in this case—my daughter is thirty years old—she has one young child, and is near her confinement—I never thought the prosecutor and her were on an intimate footing—she had no family till she was married—I had no suspicion of the prosecutor—I cannot tell what he meant by the word "first"—I do not live with my daughter—Norton said he had turned one servant away on the prisoner's complaint—I was there when the things were found—he did not say he could not show the prisoner any favour, because he had found those things Groom had charged others with—I do not recollect his saying so—he said he had discharged one man through Groom's complaint, and found the very wood on the prisoner's premises.
(The prisoner received a good character.)
GUILTY . Aged 31.
2618. WILLIAM GROOM was again indicted for stealing, on the 30th of Aug., I window blind, value 4s.; 4 account books, 4s.; 1 glue pot, 1s.; 62 harp strings, 10s.; 1 table cover, 1s. 6d.; 5 boards, 3d.; 2 wroppers, 1s.; and 200 pieces of wood called veneers, 3s.; the goods of John Norman, his master.
JOHN NORMAN . I searched the prisoner's premises last Monday fortnight, and found a window-blind, some account-books, a gallipot, harp-strings, table-cover, a wooden board, some wrappers, pieces of veneer, and solid wood—I can speak to some from their general resemblance, and I can positively swear to the account-books—I had lost one blind from Judd-street, and one out of my cellar in Cloak-lane—I believe the blind produced is mine, and the wood at the bottom of it is the wood that was on the blind in my cellar, but the canvas belongs to the one stolen from Judd-street—to have done that he must have taken both—I missed a box, containing 120 or 140 harp-strings—the prisoner had access to it—I asked him if he had seen it—he said no—some time after I inquired about it, and he said he should not wonder if we lost all the things in the house, if we kept that girl Elizabeth in the house—I spoke to the girl; her boxes were searched, but nothing found—a week or two after we lost two or three napkins from up stairs, and discharged her—this table-cover was in my care, and was lost from a sale at Tottenham-court-road—I had an allowance to make for it—the prisoner told me he was sorry to say he had taken it from there—here are a quantity of pieces of mahogany and veneer—this is a parcel of mazephyr, or unrated wood—it was not in the tariff, and escaped the duty at the docks—I am not aware of any parcel of this wood imported into this country, except what I had—I never sold any of it, only as manufactured—I missed veneers from time to time—I have upwards of a hundred pieces of this wood, some of it very small—I have every reason to believe all these articles are mine—the account-books were warehoused with me by Parrington and Co.—they were in a large cupboard, which he had access
to at times—I found some of the veneers and mahogany in a box under the prisoner's counter—he has a small shop in Dog-row, Bethnal-green—I know some of this wood as well as I should know the features of a person—here is a box made out of them, a zephyr wood—it has only been polished with wax—this is the wood I first missed, and discharged a man for—it is valuble, and is called snake wood—I lost eleven veneers of it, and it was said my foreman had stolen it.
Cross-examined. Q. What articles do you positively swear to? A. These three account-books—I have another, which I can swear to the writing on, but have no memorandum of the number of it, being in my possession at the time—I have sold about two cwt. of books, by private contract, to one Joel, but neither of these four, I am certain—the last sale to him was about two years ago—these ledgers are never parted with—I had a man named Bruce in my employ—I swear the veneers on this box are mine, but not the inside nor the banding—I swear to the sides, and believe the two ends are mine—here are a number of pieces of wood I can swear to—I missed veneers of snake, and think I may venture to swear to these—the bark is the same width as a piece I have brought—the top of the box is mazephy, but it is in three pieces fitted in—it is uncommon wood—the prisoner did not say the table cover was the refuse of a sale—he might—I allowed 2s. for it—the sunblind is worth 5s. or 7s.—I missed part of the blind the day the prisoner left—I discharged him for that, but did not tell him why, I only said he had been doing what was very wrong—I found it in the passage of his house.
Witnesses for the Defence.
WILLIAM REEVE . I am a carpenter. The prisoner was apprenticed to me, and worked for me afterwards—he left me thirteen months last April—while with me he had two pieces of wood similar to the two long sides of this box—it was pieces of wood my son bought in London—he brought a great lot home—he is now in America, and I gave the prisoner what was left, as I should not use it—if I must say, I believe this to be the same; it is much like it—he made it into a little work-box like this—it is more than two years ago, and I should think this box has been made that time.
COURT. Q. You only speak to the sides? A. Only to the sides—I do not know the name of the wood at the ends, but there was some in the bundle I gave him similar to it, and like some that is down here; I mean this (the snake wood)—there was some of almost all sorts of fancy wood—there was some like this; I do not know what you call it—I have not seen the prisoner since he left me—both my sons are in America, and have been there three years and a half—they had the wood a little while before they left—I never made fancy boxes myself—there was not so much wood as is here—the prisoner's father works for me now—we are not related—I cannot swear to any one of these pieces, it is so long back—I did not examine them closely, or work any up—I cannot swear there was a single piece of this mazephyr wood in England three years ago—my sight is not good—I cannot see this wood well—not having spectacles, I thought it was mahogany (the mazephyr.)
PETER BRUCE . I have been employed by the prosecutor—I was there at the same time as the prisoner, off and on, and attended sales which Mr. Norman had—after every lot is cleared we sweep up the premises, and if there is a bit of wood or old phial we reckon it our perquisite, and master never said a word against it—I saw a sun-blind at the sale in Judd-street—the prisoner had that—he had worked at the sale as head porter—he asked if I would take the blind home for him—he made no secret of it—I remember a quantity of books being sold to Joel eight or nine months ago—I heard the prisoner
tell Joel he should like to have a book or two, and Joel handed over to him four or five books of this description as near as possible—this is one of them; I know by the writing inside, belonging to Mr. Parrington, it is the very book that Joel gave the prisoner—I do not think there was a dozen with this sort of cover—I have not the least doubt in the world of it—as to the others, there was a green covered book, and one or two white-covered—they were similar to these—I firmly believe they are the same—I have heard Mr. Norman say, in reference to sales, if there was any pieces of wood, old iron, rags, bones, &c., the men might sell it, and get a pot or two of beer; if it would raise a drop of beer we might have it—it is what is called the clearance—we had a sale at a large linen-draper's in Tottenham-court-road—Mr. Norman gave a man named Lillycrop, who is now dead, leave to take about two cwt. of rags—I firmly believe it was done with Mr. Norman's leave—I did not hear him give leave.
COURT. Q. Then, the sun-blind you took off the premises? A. No; I said I would not, as I had to go to the Strand—I do not know whether it was sound; I did not see it open—I did not know how he came by it—Joel lives in Petticoat-lane—I saw him last week, but did not mention this to him—I speak to the book by the form of the writing on the top leaf—I merely know the writing and the outside covers.
HENRY BRUNSAY . I live next door to the prisoner—I have seen this sun-blind at his house—I first saw it within two or three months—I was in the habit of assisting his wife to put it up outside his shop window.
COURT. Q. Where does the prisoner live? A. In Cambridge-road, a mile and a half from the prosecutor's—it was old—I cannot say it was not a serviceable one; it answered the purpose.
MR. NORMAN re-examined. The whole of the original writing in this book which the witness has looked at, has been cut out, and the writing which he swears to knowing as Parrington's is the prisoner's wife's writing, and was not in it when I lost it—it was a perfect book, and never sold.
GUILTY . Aged 31.— Confined One Year.
OLD COURT.—Thursday, August 21st, 1843.
Second Jury, before Edward Bullock, Esq.
GUILTY . Aged 15.— Confined Three Months.
GUILTY . Aged 16.— Confined Four Months.
2621. EDWARD THORNTON was indicted for feloniously breaking and entering the counting-house of William George Ceeley, on the 5th of September, at All Saints, Poplar, and stealing therein 1 box, value 1s.; 4 sovereigns, 3 half-crowns, 1 shilling, and 1 sixpence, his property; to which he pleaded
GUILTY . Aged 17.— Transported for Ten Years.
2622. CATHERINE ENGLISH was indicted for stealing, on the 26th of August, 1 pair of sugar-tongs, value 10s.; 9 spoons, 30s.; 1 ladle, 10s.; 1 cash-box, 5s.; and 1 box, 1s.; and 3 farthings; the property of John Wright, her master.
JOHN WRIGHT . I live in Trinity-row, Islington. The prisoner was two months in my service—on the 26th of August, about nine o'clock, I went out, leaving the prisoner at home—I returned about eleven, and found her out—she did not return—about twelve o'clock that night a policeman came and gave me information—I went into one of my bedrooms, and missed a green box containing silver spoons and money, and a cash-box in which there were three farthings—I had seen that green box, about four o'clock that morning, locked—on the following Monday I saw the property at the station—there were nine silver spoons, one punch-ladle, one pair of sugar-tongs, the green box, and papers, to the value of about 6l.—it is my property.
HENRY FAIRY . I drive a cab. I was at the Islington-green stand on Saturday night, about ten o'clock, the prisoner came to me with a bundle and this box, she got into my cab, and ordered me to drive to the Flower-pot, Bishopsgate-street—she had no money to pay the toll—I paid it at both gates—she asked me to stop at the first ironmonger's, as she had lost the key of her box, and had no money to pay me—I stopped at an ironmonger's shop at the corner of Houndsditch, but it was shut up—I drove her to the Flower-pot—she said I must break the box open to get the money—I would not—the porter broke it open for her—I saw the spoons in it, called a policeman, and gave her in charge.
JAMES SUTHERLAND . I am a City policeman. I took the prisoner into custody at Bishopsgate-street, with the box and bundle—I asked where she lived, and where she brought them from—she said she lived at Mr. Wright's, in Upper-street, and said the property was her own—I asked if she gave notice at leaving her place—she said she did, but at the station she acknowledged the boxes were Mr. Wright's.
GUILTY . Aged 28.— Transposed for Seven Years.
THOMAS ETHERIDGE . I am a hosier, and live in Aldersgate-street. On Sunday afternoon, the 27th of August, about five o'clock, I was in Smithfield, listening to a discussion which was going on—I felt my pocket pulled, turned round, and saw the prisoner in the act of putting something into his pocket—I seized him immediately, and took him to the station, and saw my handkerchief taken from his pocket—this is it.
Prisoner. I picked it off the ground while I was listening to what was going on. Witness. You certainly took it from me—I turned round immediately.
Prisoner's Defence. I found it on the ground, put it in my pocket, and when he asked me for a handkerchief, I said I had not got his handkerchief. I did not know it was his.
GUILTY . Aged 16.— Confined Four Months.
Before Mr. Justice Cresswell.
2624. JAMES MESSENGER and JAMES CLIFTON were indicted for burglariously breaking and entering the dwelling-house of John Loxley, about the hour of three in the night of the 26th of Aug., at St. John, at Hackney, with intent to steal, and stealing therein, 2 snuff-boxes, value 2l.; 1 watch, 15l.; 1 teapot, 2l. 10s.; 1 toast-rack, 9s.; and 2 spoons, 1d., his property; to which
CLIFTON pleaded GUILTY . Aged 20.— Transported for Ten Years.
MR. CLARKSON conducted the Prosecution.
JOHN LOXLEY . I am solicitor, and live in Laura-place, Clapton, in the parish of St. John, at Hackney. On Saturday night, the 26th of Aug., I went to bed about twelve o'clock—before I did so I went down stairs, to see that the house was secured—I was called up next morning about half-past seven o'clock—in consequence of what my servant told me, I went down stairs, and examined the basement floor—I noticed an inner door, at the foot of the stairs, communicating with a passage—the street-door is at one end of the passage, and the door leading into the garden at the other end—I had bolted that inner door, top and bottom, when I went to bed the night before, and placed an iron bar across the centre—that door was lined with iron—the lower panel of that door was bored in eighteen places, as if with a centre-bit, and the iron bar lying on the ground—that door communicates with a window and door at the end of the passage—I found a square of glass cut out of that window, and the door open—that was the door leading to the garden—I cannot say how that door had been fastened the night before—I did not observe it—that door had become considerably warped at the bottom by heat—it stuck, so that if hastily opened or forced, it would shake the bolts, and make a considerable noise—on the lower panel of the door I saw large black marks or daubs, and also on the door-posts at the side of that panel—it appeared to me as if a sooty knee had been pressed against the bottom panel, for the purpose of gently opening the door without making a noise—these marks were on the inside of the door—it appeared to me that that was the mode by which the parties had got out—I afterwards went into the garden, and on the border found some of my dishes and basins, and this iron bar, which belongs to the larder window, was on the gravel walk—I went to the larder, and saw that the wire-work by which the window is protected was torn away—that wire-work faces the garden—I found this bar was torn away, the removal of which would enable persons to get into the house by means of the larder—the window is about twenty-seven inches long, and twenty-one high, and communicates with the kitchen, and the kitchen with the house generally—it is all under one roof—I missed an electrotyped silver teapot from the kitchen cupboard, and a plated toast-rack, also some pewter spoons, and a few kitchen utensils—this is the teapot and toast-rack—(produced)—I had seen and used them on the Saturday morning—they were then perfect, but are now broken—I went up stairs, and missed from the dining-room mantel-piece a gold watch and two silver snuff-boxes—the watch had been on a pedestal, beneath a glass case, which I found by the side of the pedestal in the morning—I went into the drawing-room, and found it in disorder, but missed nothing from there—I went into my breakfast room, and found my desks lying topsyturvy on the ground—they had been removed, but I missed nothing from there—I afterwards discovered the footsteps of apparently two persons on the border, in the back garden—I could see the marks of shoes in one impression, and the other appeared to be made with a foot without a shoe—they were rather slight, and close against the wall—it was not distinct enough to enable me to say whether the person had stockings on or not—I gave information to the police—the value of the property I lost was about 20l.
COURT. Q. Had they got out the panel of the door in the passage that was bored with the centre-bit? A. No, they had not got through the iron, that stopped them—they had not undone the fastenings of that door.
GEORGE ARUNDEL (policeman.) On Sunday morning, the 27th of August, about half-past four o'clock, I was on duty, and saw the two prisoners crossing my beat in the Hackney-grove, which is about half a mile from the prosecutor's
house—they were going towards town, in a direction from the prosecutor's house, walking very quickly—Messenger was carrying his left-arm close to his side—I thought there was something wrong, as I saw him not work both his arms as he walked, and I pursued them—I met a brother constable, communicated my suspicions to him, and he went in pursuit of the prisoners, while I took another direction, to intercept them—when I got into London-fields, I found Clifton in custody of Bingo and Brennan—I went on in pursuit of Messenger, but did not find him—when I saw them together, I noticed that Messenger had no shoes on, and was dressed as a sweep, with sooty clothes—I afterwards examined the prosecutor's garden, and on the border, underneath the wall, I observed the foot-marks of two persons, one with and the other without shoes—I only saw one impression without a shoe, and that was the left foot—some pieces of brick had been recently taken down off the wall, as though some persons had been getting over.
COURT. Q. Did you know either of the prisoners before? A. No, it was tolerably light at that time.
JOHN WHITMORE . I am a linen-draper, and live at Hackney. On Sunday morning, about ten minutes past four o'clock, I was passing Laura-place, and saw the two prisoners, about forty yards from the top of Laura-place, conversing together, about 100 yards from the prosecutor's house—I noticed that Messenger was dressed as a sweep, he had sooty clothes on.
Messenger. I never saw anybody, only one young chap—he never saw me along with Clifton.
EDWARD BINGO (policeman.) On Sunday morning, the 27th of August, about half-past four o'clock, I was in Hackney-grove, and saw the two prisoners together, walking very fast towards London, from the neighbourhood of the prosecutor's house—I met Arundel just after, and in consequence of what he said, I went in pursuit of them—when I got to the London-lane, I saw them pass by Brennan, another policeman, and as soon as they had passed him, they both ran as hard as they could—after they had run together about forty yards, they separated—upon that, I gave an alarm to Brennan, and went in pursuit of Messenger—it was foggy, and I lost sight of him—in three or four hours after I saw him again, in the custody of Brennan—I had a sufficient opportunity of seeing him before I met Arundel, and am sure he is the man.
RICHARD BRENNAN (policeman.) Early on Sunday morning, the 27th of August, I saw Clifton, and a person resembling Messenger, in Tower-street, London-fields—after they passed me, they started at full speed, ran together about forty yards, and then separated—I heard Bingo calling out—in consequence of what he said, I went after Clifton—he had run about 500 yards before I overtook him—I seized hold of him, and found this teapot, in its present state, in the seat of his trowsers—I took him to the station, searched him again, and found this broken toast-rack under his trowsers, and two small spoons, a pocket-knife, a comb, and a metal box of silent lucifer matches, which make no noise when they are lighted.
JAMES BRENNAN (policeman.) On Sunday morning, the 27th of August, in consequence of information, I went in pursuit of Messenger, and found him about nine o'clock in the morning, in Petticoat-lane—I told him I wanted him for a robbery thathe and Clifton did at Hackney this morning—he said he had not been in Hackney that morning, and did not know any person of the name of Clifton. I knew both the prisoners before, and knew that Messenger was a companion of Clifton's—I had seen them together repeatedly—Messenger had neither shoes or stockings on.
Messenger. Q. Did I deny being in Hackney on the Sunday morning? A. Yes, I am positive you did.
Messenger. I did not.
MESSENGER— GUILTY . Aged 20.— Transported for Ten Years.
2625. EDWARD HEMINGWAY , EDWARD HEMINGWAY, jun., and JOHN DAVID BURGESS , were indicted for feloniously forging and uttering a certain will and testament of one James Bolton, with intent to defraud Elizabeth Wood and others.—Other Counts, stating their intent to be to defraud other persons; to which
HEMINGWAY pleaded GUILTY . Aged 57.
HEMINGWAY jun. pleaded GUILTY . Aged 29.
Transported for Life.
MR. CLARKSON offered no evidence against
BURGESS, who was Acquitted.
( John Eves, shoemaker, No. 4, Stepney-causeway; Samuel Foster, shoemaker, No. 3, Mile End-road; George Moran, tin-plate worker, Stepney-causeway; George Rogers, carpenter, Gee-street, Commercial-road; Thomas Flavel, carpenter, Shadwell; and Jemima Harvest, No. 10, Union-place, Stepney-green, deposed to the prisoners' good characters)
(There was another indictment against them for a like offence.)
NOT GUILTY .
Before Mr. Justice Erskine.
2627. MARY ANN HILLIER was indicted for feloniously assaulting William John Taylor, on the 15th of Sept., and cutting and wounding him on the left hand and throat, with intent to do him grievous bodily harm.
MR. BALLANTINE conducted the Prosecution.
WILLIAM JOHN TAYLOR . I am a lighterman, and live in Bridge-place, Ship-lane, Hammersmith. The prisoner and I have been living together for some time—on the 15th of Sept. she had not been home all night—about half-past eleven o'clock, that night, I was in the house, and heard a crash of glass—I looked at the window, and found the prisoner's hand coming through the squares of glass as quick as possible—I went out and tried to prevent her—I tried to push her away, but she ran away before I could do so—she said she had got my master in her hand, and she would stick it through my b----heart—she then struck me on the left hand, as I supposed, with a knife, as the effect was a violent wound—she kept striking at me—it was dark, and could not see the knife in her hand—she struck my hand several times, once right athwart the wrist—in struggling we both fell on the ground together—we pushed one another, I think—as I was endeavouring to get up, she struck at me underneath the throat—it cut me very much—it bled very fast—I also received one wound on my right hand after I got up—she then ran away after a policeman—I did not strike her at all.
Cross-examined by MR. PAYNE. Q. That you swear? A. Yes—we have lived together about nine years—she had left me on the Monday week before this, in consequence of my standing in my own defence—I am in the habit of getting tipsy—I was not tipsy on the Monday week before this—I did not go in a boat with the prisoner to Kew on or about that Monday—I did not order her to row, and she refused, nor did I beat her on the head because she would not—she left me because she had got another particular fancy—I had no fancy of my own—I was not on the night in question at Bolton's poblic-house with another woman, not with a woman of mine—I passed the complement
to ask her to have something to drink—the prisoner was not there at that time—I do not know whether she was in the house—I can swear she was not in my presence when I went in, nor was she there when I asked the other woman to drink—that I swear—she did not after that come to my house for her clothes—I was about three-parts tipsy—I got home about half-past eleven o'clock, and it was very shortly after that the prisoner came up to the window—I swear she did not come for her clothes—I did not come out, lay hold of her, and push her away with great violence—I did not touch her at the time—I did not go in again, because I thought I had as much right in the street as she had—I was alone—we were both on the ground together, I cannot tell which was uppermost—I think we were about level.
MR. BALLANTINE. Q. Did this occur on the Monday before your examination at the police-court? A. No, it happened after twelve o'clock on the 15th, and I was before the Magistrate next morning.
MARTHA AMBROSE . I live in Bridge-place, Ship-lane, Hammersmith. On Thursday night, the 14th of Sept., between twelve and one o'clock, I heard a smash of glass—on looking out, I saw the prosecutor standing at the door of his house, and the prisoner standing close by, using very abusive language—she said she had something that would do for him, she would run it through his heart—he came out, and she struck at him several times—he did nothing to her before that—I saw something in her hand at the time she struck him—I do not know what it was—a scuffle ensued between them—they both fell on the ground—I was standing outside my door at that time—I came down stairs, into the street—I observed Taylor's left hand bleeding very much, and the left side of his throat—I did not see her hand at all then—Taylor went in-doors to wash himself—I never saw the prisoner again till she entered the house with a policeman—I cannot say whether she was drunk or sober—he appeared rather in liquor.
Cross-examined. Q. What are you? A. A shoe-binder—I live alone—I had been up at work—I rent the whole house—it is next door to the prosecutor's house—I know he and the prisoner lived together for a long time—I had not seen her at home lately—the first thing I saw when I came to the door was the prosecutor standing at his door, and the prisoner close by—they were close together—that was before I went up to the window—it took very little time to go from the door to the window—I know Mr. Bolton's public-house—I was not there after half-past eight o'clock that evening—I was there for about a quarter of an hour—I never had any quarrel with the prisoner—we differed rather once last June.
WILLIAM GATES . I am potman at Mr. Chapman's, at the Waterman's Anns, Bridge-row, Hammersmith. On Friday, the 15th of September, at two o'clock in the day, I found a pen-knife in Mr. Chapman's back yard, about ten yards from Taylor's house—it had marks of blood upon it—this is it (produced)—it is rusty now; not in the same state in which I found it—it was open.
Cross-examined. Q. Where do you live? A. At the Waterman's Arms—I sleep in Mr. Chambers's house in Queen-street every night—that is about 100 yards from Bridge-row, or rather more—I was not there that night.
ROBERT DICK (police-constable T 202.) On the morning of the 15th of September the prisoner came up to me, and asked me to take William Taylor into custody—her right hand was covered with blood—she told me that he had been abusing her—I said, "What has made your hand all over blood?"—she could not tell me—I said, "Your nose has not been bleeding at all?"—she said "No"—I said, "Your neck is also covered with blood;
how is that?"—she said, "He has been abusing me"—I went with her into the street opposite Taylor's house, and found him outside surrounded by a great number of people—they told me I ought to take her in charge instead of him—at the station she said his wound had been done by the glass of the window—I produce this pen-knife—it was given me by Gates.
Cross-examined. Q. Where did she find you? A. On the Bridge-road, between the Sussex Arms and the Old Ship—the knife was given me on Friday, about two o'clock in the afternoon—there was dry blood on it, more than there is now—being in my pocket has taken a good deal off.
WILLIAM BOLTON PICKERING . I am a surgeon at Hammersmith. About half-past two o'clock on the morning of the 15th, Taylor was brought to my house—I found two wounds on his left hand—they appeared to have been inflicted by a sharp instrument, like the knife produced—there was one wound across the wrist in a transverse direction, about an inch long, or a little more, not very deep, going through the skin—the other extended from the knuckle upwards, about three inches—it was deeper than the other wound—it had gone down to the muscles through the integuments and cellular membrane—I observed a wound on the left side of the neck, about an inch and a half long, not very deep—it might have been inflicted with such an instrument as this—I did not consider any of them dangerous.
Cross-examined. Q. Any sharp thing would have done it? A. Yes—he attended the same day at the police court.
MR. BALLANTINE. Q. Might it have been occasioned by a piece of glass? A. I should say not—the wounds on the hand were certainly not done with glass—I cannot speak positively, but I should say not.
MR. PAYNE called
WILLTAM BOLTON . I keep the Ship public-house, which is about sixteen or twenty yards from Bridge-place. I know the prisoner and prosecutor—on Thursday evening, the 15th, a little after ten o'clock, the prosecutor came to my house with a young woman, and remained there with her till about twenty minutes or half-past eleven o'clock—the prisoner was in the tap-room eating her supper when he came in—she had been in the habit, since she left the prisoner, of coming there sometimes—she was staying next door—she had brought home a dress for Mrs. Bolton that evening—I do not believe the prosecutor saw her when he came in—he and the young woman had some gin and water to drink—the prisoner said she would see him as he was there—I thought they were man and wife—I had told her he was there, and not to have a bother, but she would go in front of the bar, and called for a quartern of gin and cloves between three of them—there were two young men who lodged in my house having their supper—they work on the new suspension bridge—after she did that, she sat down by the side of the prosecutor and the other young woman—there was one man between the prosecutor and prisoner—she had a little cigar in her hand—the prosecutor saw it and said, "Now put that down, or else there will be a hell of a row," or something of that—she said she would not, several times—he got up to lay hold of her, I suppose to take it away, and she directly struck him, and told him to get away, he had nothing to do with her—this was about a quarter before eleven o'clock—they then got to fighting in front of the bar—I ran and stopped them, and took the prosecutor away into the passage, and would not let him go near her for a quarter of an hour or twenty minutes—after that he got away from me and ran round to the other side of the bar to get at her—I pulled the prisoner out at the other door, and did not let them meet again there—I laid hold of the prosecutor and told him he should not go near her any more to have that disturbance in the house—he begged me to let him go in
again to her to shake hands—I said I would if he promised to make no more disturbance—he went and shook hands, and she said, "God Almighty bless you, Bill, I wish you well, and hope you will do well, but I never mean to have any more to do with you"—it might be nearly eleven o'clock, or there-abouts when I got him out—he did not want any making—I kept the prisoner in for ten minutes, till I thought he was gone, and then told her to go out—she went out and went home.
MR. BALLANTINE. Q. How far is your house from where Taylor lives? A. About twelve or sixteen yards—I saw the prisoner leave my house; she went homewards, towards Taylor's house—I let him out, it might be half-past eleven or more; it was not twelve—I am not bound to close my house at twelve that I am aware of—she was quite sober—I did not see any difference in her—she went towards Taylor's on leaving—I remained at my door till two o'clock—I heard the smashing of the window—I never went from my door—I could see the prisoner at Taylor's door—I did not see her smash the window—I saw it broken—I heard it smash some time after she got past the window—there was nobody else near at the time—I saw Taylor come out and strike at her a hundred times, I should think—they were striking one another, as hard as they could, for nearly twenty yards—I swear Taylor struck at her above fifty times, and hit her a good many times about her body, face, and head; I do not say as hard as he could—he struck at her, as if he intended to hurt her—I should not like to be hit as hard as he hit her—I did not see whether she had anything in her hand—I saw them fall down together—I saw her strike at him when he was getting up—after the smashing of the glass, Taylor ran out of his house, and hit her about the head and shoulders—I cannot say which was the first blow, because it was so quick—I saw them fighting—I saw him hit her first, but whereabouts I cannot say—I do not know whether he hit at her before she struck him, but he ran out of his house to hit her—I did not go up at all to interfere, there were a plenty to interfere if they thought proper; nobody did for some time—I did not see the prisoner after she fetched the policeman—this is the first time I have seen the prisoner since.
GUILTY of an Assault. Aged 25.— Confined Three Months.
Third Jury, before Mr. Recorder.
2628. JONAS FARRER was indicted for feloniously breaking and entering the dwelling-house of Ann Maria Jordan, on the 16th of Aug., at St. Mary-le-bone, and stealing therein 28 pairs of boots, value 25l.; 2 pairs of shoes, 1l.; 5lbs. of leather, 30s.; 24 skins of leather, 2l.; and 30 pairs of boot fronts, 2l.; the goods of James Tate.
MR. PAYNE conducted the Prosecution.
JAMES TATE . I keep a boot and shoemaker's shop, in Great Portland-street, Mary-le-bone—Ann Maria Jordan is the housekeeper—my shop-door has a lock and a latch-key, which I keep—on the night of the 16th of Aug., I went to bed about half-past twelve; my shop-door was fastened and secure, and my boots and shoes safe in the shop—I have a boy named Holmes in my service, he came next morning, about seven o'clock, and I gave him the key; in consequence of some information he gave me, I came down, and found the shop nearly stripped—I missed about 28 pairs of boots and 2 pairs of shoes, to the value of about 40l.
ALFRED HOLMES . I am in the prosecutor's service; it is my duty to open the shop in the morning, about half-past seven o'clock—on the morning of the 17th of Aug., I went there about half-past seven; my master threw me out the key of the shop-door, but I found it wide open, and missed things—I
told my master, who came down—I had opened the street-door with a latch-key, before I got in to see the shop.
Cross-examined by MR. WILDE. Q. Is there more than one key to this house? A. The street-door key and the shop-door key; there is only one key to each door.
GEORGE HARRIS . I am a general dealer, and lodge at 24, Gravel-lane, Houndsditch—on the afternoon of the 17th of Aug., between three and four o'clock, I was at Mr. Davis's coffee-house, in Castle-street, Soho, where I usually go of an afternoon, to have something to eat; and while having my dinner, the prisoner came in with a brown bag across his shoulder—I saw him speak to Mr. Davis—he then took the bag off his shoulder, put it down, took out some boots, and laid them on the table—several people came to look at them—Mr. Davis called me, and said, "George, you look at these boots, and see if they will suit"—I looked at them, and offered 6l. 9s. for them—the prisoner would not take it at first, but put them into his bag, and was going away—he returned, and let me have them at 6l. 9s.—Mr. Davis and I bought them—there were nine pairs of Wellington boots, two pairs of low boots, and one pair of shoes—Mr. Davis, I believe, asked him how he came by them—he said he had taken them of a gentleman for a bad debt—he had three or four other pairs, which he took away with him—those were old boots newly fronted—he wanted too much money for them—I had never seen him before—these are the boots I purchased; I sold them again, that same afternoon, to Mr. Streather, for 7l.
COURT. Q. Is this a common trade, purchasing things at coffee-shops? A. This is a coffee-shop where most Jew clothes-men meet after their day's labour, to buy and sell of one another, and have something to eat and drink.
Cross-examined. Q. Several other persons were there? A. Yes—I do not know Mr. Ferguson's public-house—I do not know a person named Flight or Williams—the prisoner did not say that he had the boots from another person who said he got them from a gentleman for a debt—I am sure of that—I understood him, that he had taken them himself, of a gentleman, for a bad debt—he was not addressing himself particularly to me—6l. 9s. was a fair price for them, to sell again—the best of them would not sell for above 16s. or 18s. a pair—we sold them altogether to Mr. Streather—I was taken up for selling them—I was not charged with the house-breaking.
MR. PAYNE. Q. When you were taken did you say at once who the person was that sold them to you? A. Yes, and where I got them, and in consequence of that the prisoner was taken—I could not find him at first.
GEORGE DAVIS . I keep this coffee-shop in Castle-street, Leicester-square. On Thursday, the 17th of August, about three o'clock, the prisoner came into my shop, with a bag over his shoulder—he produced these boots, which were purchased, and afterwards sold to Mr. Streather.
Cross-examined. Q. Did you know the prisoner? A. I have seen him in my shop occasionally—clothesmen come there every day, all day long—there were eight or nine persons there at this time.
JOSEPH STREATHER . I keep a new and second-hand boot and shoe ware-house in Broad-street, Bloomsbury. On the 17th of August, about six o'clock in the evening, I bought eleven pairs of boots and one pair of shoes of Harris and Davis, for 7l.—I gave the same to Allen, the policeman.
was not present at the prisoner's examination before the Magistrate—I know Mr. Greenwood's handwriting—(looking at the deposition)—these signatures are his.
Cross-examined. Q. When have you seen him write? A. Frequently, in the police-court, as I have been in the body of the court, and Mr. Greenwood on the bench, and I have received certificates and notice papers with his writing.
MR. PAYNE. Q. Have you had papers put before Mr. Greenwood for his signature? A. Frequently—I have seen him writing on those papers, which have been handed to me immediately, with his signature to them.
JOHN TALBOT (policeman.) I took the prisoner in charge in the coffeeshop, in Castle-street, Leicester-square—I was present when he was examined before the Magistrate—I did not hear him make a statement—these are the depositions relating to the case—there, were three examinations—the prisoner is the person who was then charged—the depositions were signed in court—I signed mine before the Magistrate—this is my signature—it was all done before the Magistrate, in open courr—after I gave my evidence, on the 24th of August, the prisoner said something, but I did not hear it—what he said was taken down by the clerk—I heard it read over to him—I did not hear him asked to sign it—he did not object to it—(read)—"On first examination, the prisoner says, 'If it is left for a day or two, I have no doubt I could produce the man I have bought them of; I bought them publicly, and sold them publicly; I sold the boots; there were thirteen pairs; they were chiefly old boots; whether they were the boots that are missing I cannot say.'" "On the 24th of August, the prisoner says, 'I can bring proof that I was in bed long before the hour this gentleman (Mr. Tate) names, and was not up till half-past eight o'clock the next morning.' Taken before me, J. B. Greenwood." "On the last occasion, the prisoner says nothing."
MR. WILDE called
GEORGE HUNT . I am a tailor. On Thursday, the 17th of August, between two and three o'clock, I was at Mr. Ferguson's public-house—the prisoner and two or three others were there—I do not know persons named Hubbard or Flight by name—I know one Williams—on the 17th of August, between two and three o'clock, I saw Williams, who has a hare-lip, and another person, come into Mr. Ferguson's, with a dark canvass bag with some boots—Williams addressed the prisoner, and said, "How do you do? I have got some goods here that will just suit you; you can get a crown by them"—the prisoner said, "Let me look at them"—they were in conversation about five minutes—I did not hear what they said—the prisoner then took the bag out of the room in which we were sitting—he returned in a quarter of an hour or twenty minutes.
COURT. Q. Did he buy it, or what? A. He produced some money, I suppose, between five and six sovereigns, and some silver, I do not know to what amount, and gave it to Williams and the other—they put out of the bag about ten or a dozen pairs of boots, and a couple of pairs of shoes, or so, I do not know exactly—I did not take particular notice—there was a great deal of wangling between them, about the price, I suppose—I cannot exactly remember what was said—they must have come to some agreement before the prisoner took them out, but it was in so low a tone I could not comprehend what was said-—they could not agree at first—it was a wrangling set-out altogether, apparently about the price—I did not hear any price named—the prisoner examined the boots, and the wrangling began after that—I did not listen to it, as I was not an interested party—they were at high words—I do not mean exactly high words, but shaking their heads, and differing apparently
about the price—they whispered to themselves, and wrangled between them selves—I might have heard what they said at the moment, but do not recollect it now—I looked at the boots, but did not take them into my hand—they were black boots, the Wellingtons were—the others were Oxonians, as far as I could see, with lace-up fronts—I cannot say whether the fronts and legs were the same leather—I did not notice them—I only noticed that they were boots—I have never seen Williams since—I do not know his companice—I am a tailor, and live at No. 4, Mercer-streer, Long-acre.
MR. PAYNE. Q. When did they first find you out? A. On the Monday following—I was in the public-house, and heard that this man was in custody—I heard the parties who frequent the public-house in Cranbourne-court talking about it—I did not go before the Magistrate—knowing Mr. Small, wood, the prisoner's attorney, and being in the habit of going to bis office, I went to him—I told him what I had seen respecting those boots—this was on the Monday following the Thursday—I did not know when the prisoner went before the Magistrate—I heard that the prisoner had been taken up on suspicion of this burglary—Mr. Small wood did not ask me to go and speak for him.
MR. WILDE. Q. Do you know Davis's eoffee-house? A. I do net; I know there is a coffee-house near Mr. Ferguson's—the prisoner is no friend of mine—I have made two pairs of trowsers and a waistcoat for him, and he has paid me honourably—I have known him about six months—I became acquainted with him through visiting that public-house—I do not know that the police are looking for Williams.
COURT. Q. Is Ferguson here? A. No—there were two or three persons in the house that afternoon; but they were perfect strangers to me, except Williams; the other person I had seen in the house at times; there is a servant, who sometimes serves in the bar, and Mr. and Mrs. Ferguson—none of them are here—I believe the prisoner resides there—I generally go there, from half-past eight till ten, to smoke my pipe—I generally see him there—I cannot say whether the landlord or landlady were there on the afternoon is question; the servant was there—they had no refreshment while they were bargaining about the boots, not any of them, except the prisoner, who had a glass of ale; this occurred in the parlour, which is at the back of the bar—the landlord and landlady could not see who was there; they would know the prisoner was there, of course—they did not come into the room—you have to pass the bar to get to the parlour—I do not know whether Williams was a common customer there—he has come in there occasionally—I have seen him there several times.
GUILTY . Aged 31.— Transported for Ten Years.
OLD COURT.—Friday, September 22nd, 1843.
First Jury, before Edward Bullock, Esq.
2629. JOHN HUNT was indicted for breaking and entering the dwelling-house of Thomas Hole, on the 2nd of Sept., at St. George, Hanover-square, and stealing therein 3 gowns, value 30s.; 5 sheets, 18s.; 3 shawls, 12s.; 2 blankets, 6s.; and 3 petticoats, 7s. Also for breaking and entering the same house on the 11th of Sept., and stealing 2 petticoats, value 50s.; 2 waistcoats, 30s.; 1 pair trowsers, 30s.; 1 watch chain, 16s.; and 2 seals, 2s.; his property; to both which he pleaded
GUILTY .— Transported for Ten Years.
Third Jury, before Mr. Justice Creswell.
2630. JOSEPH EVES and PHILIP ANDERSON were indicted for burglariously breaking and entering the dwelling-home of Richard Wood-thorpe, in the night of the 2nd of Sept., at St. John, at Hackney, with intent to steal, and stealing therein, 38 spoons, value 16l.; 1 batter knife, 10s.; and 4 ladles, 3l.; his property.
JUDITH WOODTHORPE . I live with my brother, Richard Woodthorpe, at Kingsland, in the parish of St. John, Hackney—on Saturday night, the 2nd of September, I went to bed at near one o'clock—I looked at the doors and windows; they were all fastened—I saw some of my brother's plate, in the plate drawer, in the kitchen—I was awoke in the night by the barking of the house dog, presently my brother's door opened, and he threw the window open; we had been very much troubled with rats, the floor of the kitchen had been taken up, and I called out, that it was only the rats, for I had heard them gnawing frequently before—I got up between five and six, went down stain, and found the doors of the lower part of the house barred—I went into the garden, and found the dishes all strewed about the ground—I went into the kitchen, saw all the drawers open, and nearly all the plate gone from the plate drawer—there had been thirty-six tea and dessert spoons, four tureen ladles, and a butter-knife in it, the night before—I went up to my brother, and told him—I then looked round the house—no doors were undone—one of the thick iron bars of the pantry window had been taken away—there was glass in that window, and two straight bars outside; and inside, thick lattice work, I do not know whether it was iron or strong tin—the bar had been got off, by sawing off an immense thick piece of wood; the window was then thrown back, it turned on hinges, and they then forced the grating or lattice work inside—from that pantry they could get into the kitchen—I do not know either of the prisoners—I have seen them playing about together as idle boys generally do.
JOHN CHISNELL . I am in the service of Mr. Richard Woodthorpe. On the 2nd of Sept. I had charge of the plate—I left it in a drawer in the kitchen, about ten minutes to twelve o'clock—there were thirty-six silver spoons of different kinds, four tureen ladles, and a butter-knife—I got up at a quarter to six in the morning, after Miss Woodthorpe, I heard the barking of the dog in the night, but did not get up then—I gave information at the police sta'ion, at five minutes past six—they then had some persons in custody—I did not see them—I saw all the plate at the station—the pantry window was safe the night before—I saw it at ten minutes to twelve.
Anderson. You said at Worship-street that it was not possible for either of us to get through the opening. Witness. I did not—it is ten inches wide, and seventeen high.
GEORGE HARRINGTON (police-sergeant N 34.) On the night of the 2nd of Sept., or the morning of the 3rd, I was in Church-road, by Beauvoir-square in the parish of St. John, Hackney—I was near the prosecutor's house during the night—I heard nothing that attracted my attention—in the morning, in consequence of information, I waited against De Beauvoir church, and the two prisoners came near me—I stopped them about quarter of a mile from the prosecutor's house—I knew them before by sight, and knew their names—I took hold of Eves, took my rattle from my pocket, and in so doing, saw Anderson take from the bosom of his shirt these four tureen ladles, and place them against the church-wall—the policeman, Miles, came to my assistance—he held Eves while I searched Anderson—I took this silver butter-knife from his hand, and the salt-spoon I saw drop from him—I asked him where he got them—he said he never had them—I searched Eves, and inside the waistband of his breeches I found thirty-five silver spoons, and two German silver ones—I
told him to be cautious what he said to me—I asked him where he got them from—he said he got them there, pointing to the road he had just come up—they were coming exactly in the direction the prosecutor's house lay—after I got to the station, Chisnell came to give information—I showed him the plate—I then went to Mr. Woodthorpe's, looked at the pantry window, and found the sill had been cut away, and this iron bar had been forced out, that made room for a person to get in—this is part of the sill—I found foot-marks in the garden, apparently of two persons—one had shoes on, the other had not—when I took the prisoners into custody, Eves had these shoes on, the other had no shoes or stockings on—I fitted these shoes into the marks, and found that they exactly corresponded.
Eves. The butter-knife was in my hand—Anderson had no shirt on. Witness. I am quite certain that it was in Anderson's hand—I noticed that Anderson had a shirt on.
Anderson. It is false, I had none—the opening was not more than a quarter of an inch wide. Witness. It was ten or eleven inches when the bar was out—I cannot say to an inch—there was quite room for a boy of Eves's size to get in with the greatest ease.
WILLIAM MILES (police-constable N 273.) On the morning of the 3rd of Sept. I was on duty, a quarter of a mile from Mr. Woodthorpe's house—I saw Harrington, and after that heard a rattle spring—I went to the place, and found the sergeant and the two prisoners there—I took hold of Eves—Anderson was sitting with his back against the wall—the sergeant searched him—I saw the salt-spoon fall from his neck—I saw the butter-knife in the sergeant's hand while he was searching Anderson—I saw Eves searched—he had the remainder of the plate produced.
Eves's Defence. I was going across the gravel-pits at the back of the house—Anderson told me something was lying on the grass—I ran and picked up these ladles and salt-spoon.
Anderson's Defence. Eves picked up the spoons. I bad no shirt on. I cannot stand on my feet.
EVES— GUILTY . Aged 17.— Transported for Twenty Years.
ANDERSON— GUILTY . Aged 18.— Transported for Ten Years.
Before Mr. Justice Erskine.
MR. CROUCH conducted the Prosecution.
FRANCES THOMAS . I keep a chandler's shop in Upper Chapman-street; my husband is a dyer; the prisoner was a customer of mine for small articles; I trusted her to the amount of 9s. or 10s. On a Thursday, about the 11th of August, she came to me with this note in her hand, and asked me to cash it—she owed me 6s. at that time—she showed me the note, and asked me if I would let her have a few shillings for her husband to go to see his mother before he went on board ship—I said I could not advance her any—she brought it again at one o'clock on the following day, asked me to cash it, and said that her husband expected to go on board ship in three or four days—I said I was obliged to borrow part of the money, and had promised to
pay it back in three or four days—I gave her 5l. 8s.—she offered to give me 6s. for cashing the note—I deducted the money she owed me—I received the note from her—it was for the note that I gave her the money—she gave my husband the note—I was present—he laid the money on the counter—my husband gave me the note—I kept it—I took it, believing it to be a good advance note of the ship in which she said her husband was engaged—when she brought the note she said nothing about what it was—my husband laid it on the counter, and said she had better go to the Jews with it, for he did not like the look of it, or something of that kind—she said it was quite good; it would be payable three days after the ship sailed from Oravesend—there was nothing further said then about her husband or the note—I went afterwards to the owners with it, and after that saw the prisoner—I saw her several times—I said I had been to the owners, and also to the captain at the London Docks, and the captain said he knew nothing about it; he had never signed his hand to any note—she said she had been to the London Docks, and they would not allow her to go in—I asked her if she had seen her husband—she said he had been out on the Monday morning, and she had never set eyes on him after—I said I could not rest till I had seen further into it; that I felt very uncomfortable about my money; it was a great deal of money for me to lose, as I borrowed part of it to advance it—she said it was a good deal of money, but it was not in her power to give me any of it—I said I would go down to the West India Docks to see if I could hear anything of him there—the prisoner said it was not worth while to trouble further, for as soon as he got another ship she would give me the money—I had her taken up about three weeks after—as I went to the station with her, she said I might have let it rest a short time, till she could see whether her husband could get another ship—she said something about making it up—she was taken to the Police-court next day—the ship I wet down to was the Bangalore, in the London Docks—the agents are Phillips and Tiplady—I know nothing of them, except from the note—( The note was dated Aug. 10, 1843, and was for 6l., payable to M. Lipscomb, at Phillips and Tiplady's, three days after the Bangalore sailed from Gravesend, provided Lucas Lipscomb sailed in the same. Signed James Smith, Commander.)
TWYNAM GEORGE SHAW . I am clerk to Phillips and Tiplady, ship-brokers, George-yard, Lombard-street. They were brokers for the ship Bangalore—the captain is James Tobson Smith—I know his handwriting, and have seen him write—no part of this note is his handwriting—he signs his name James R. Smith—part of this note is printed—it is customary to have them printed in this way—the captains find them, or any one can obtain them from the stationers—we should not have paid that note, if it was a true one, unless we had a list of the crew from Portsmouth; and if the name was in that we should then have paid it; that would satisfy me that the person had sailed in the ship—the notes are issued by the captains three or four days before they sail, when the articles are signed by the crew—I have a list of the crew on board the vessel, signed by the captain—I should not have paid this note, from the appearance of it altogether, not even if the name had been in the list, because it is decidedly a forgery, and we should know it immediately—it is of the usual form, except the signature—if such a note as this had been signed by the captain I should have paid it, if I found the man's name in the list—the body of the note makes no difference, if the signature is genuine—I believe there is another ship named Bangalore, but not of which Messrs. Tiplady are brokers—the other ship's captain is named Smith—I do not know his Christian name—I do not know whose handwriting this paper is in.
EDWARD HENRY LOVELOCK . I am clerk to John Chapel and Co., ship-brokers—there is a ship called the Bangalore, which they are brokers for—the captain's name is Thomas Smith—she sailed to India about the 25th or 26th of July from Gravesend—I know the captain's signature—I have seen him write frequently—no part of this note is his handwriting—the signature is not his certainly—it is the usual sort of advance note that is given to seamen—it would be purchased at the stationers', or given to them by their agents—I can tell by reference to the list of the crew, when they were shipped on board the vessel—I know nothing whatever of it of my own knowledge.
ENEAS M'ALLEN (police-constable K 95.) The prisoner was given into my charge by the prosecutrix for uttering a forged note—I told her what it was for—she said if her husband would not go in the Bangalore he would go in some other ship, she had not the means of paying the money at that time, but as soon as she had the money she would pay her—she said that several times—Mrs. Thomas gave me this note—it has been in my custody ever since.
Prisoner's Defence. My husband gave me the note; he said he was engaged as steward on board this ship; he asked me to take it to Mr. Thomas, and ask him to change it; he had changed one before; he did change it, and I offered him 6s. for doing it, and paid him 6s. more; I did not ask my husband if it was a forged note; I considered it was a true one, as I have had four true notes before from him and got them changed; when Mrs. Thomas told me about the note I went to the dock; they refused me admittance, because my husband was not in the ship that I considered he was in from the Monday to the Thursday; when Mrs. Thomas spoke to me about the note, I said I was very sorry indeed, but I did not think it was a forgery, and if my husband did not go in that ship he would go in another, and then she should have the money; I would take it to the owners when be got another ship and get the money; I did not intend to defraud her; I considered it was a true note; my husband was in the house at the time I took it; he gave it me out of his pocket ten minutes before; I took the money back to him—when Mrs. Thomas told me it was very hard; I said it was very hard for me, for I was left with three children wholly unprovided for, but not to worret about it, for in a few days I should perhaps hear from him; I was afraid he had fallen down in a fit in the street, as he was subject to fits; they asked me if the owners were the same as in the last note; I said no, but they would have no more trouble in getting this note changed than the last; if I had known it to be a forgery I should not have taken it to a neigh bour; I have lived in the neighbourhood and in the same house before last Christmas.
NOT GUILTY .
Before Mr. Justice Creswell.
2632. HENRY BUSH was indicted for feloniously forging and uttering, on the 17th of Feb., a bill of exchange for 150l., with intent to defraud Lyon Samuel.—Other Counts, calling it a promissory note, an order for the payment of money, and a warrant for the payment of money.
MR. BODKIN conducted the Prosecution.
HENRY BUCKLER . I am the short-hand writer to this Court—I took down in short-hand the proceedings on the trial of Samuel Sidney Smith, last session—I took down the examination of the prisoner, who then appeared as a witness for the defence—my notes have been since transcribed—this is a printed copy, made from them—I have examined it with the manuscript—it is correct.—(See page 861.)
person named Sidney Smith, who was tried and convicted here last session—the bill bears the name of the firm of Henry Bush and Co., dated Bristol, 17th of Feb.—when I gave the money, I believed Henry Bush, to be Henry Bush and Co., of Baldwin-street, Bristol; and that one of the partners was one of the town council of Bristol—I had made enquiry.
Cross-examined by MR. BALLANTINE. Q. At the time you advanced the money on this bill, how long had it to run? A. I cannot tell; if you look on it, you will see—I advanced the money on the 12th or 13th of March, as the cheque shows—it had somewhat more than two months to run—I gave Smith 140l., and when the bill was due, he was to come and buy a watch of me to make up the balance—he was to buy the watch, because I should not charge so much for the discount; I should get something by the watch—I had not the bill in my possession a day before I cashed it not at all—he brought me a letter from a party, as far as I can recollect, a day before the bill was discounted—I had not seen the note more than a day before be came to me to discount it—I saw it the day he came to me, and afterwards my clerk gave me that letter and the bill—I believe I discounted it the next day—he had a cheque of me the next day, after I had seen the bill for the first time—no communication had been made to me by my clerk, respecting this bill—a letter was brought to me by Sidney Smith, in consequence of which, I went to make enquiries of Mr. Savage, a solicitor, before I consented to make any advance on the bill.
MR. BODKIN. Q. Did Smith, before you advanced this money, tell you anything about who Henry Bush and Co. were? A. When he brought the bill, I asked who recommended him to me, being a stranger to me; he mentioned the names of Savage and Ford—I took a cab, and went with him to Savage.
(The evidence given by the prisoner, on the trial of Samuel Sidney Smith, relative to the bill in question, was then ready at follows:)
"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, f was carrying on business in the name of Henry Busk 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 bow 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 he 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 year ago—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 sead 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 brother, 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 inclosed 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.'
"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. JAMES BUSH . I produced these two letters at the trial of Samuel Sidney Smith—I cannot say they were used on the trial—this letter I have never seen before—I believe I heard this letter read on Smith's trial; also this invoice referred to in this letter.
ROBERT MARSHALL STRAIGHT, ESQ . I was attending the Conrt at the trial of Samuel Sidney Smith, last Sessions—I recognize a letter "A" on this letter which I believe to be mine—that does not enable me to say that that is the letter referred to in the prisoner's examination—I can say it was produced on the trial—"A" denotes that it was the first paper put into my hands, but not that it was actually read—it was put in evidence, and I see part of this letter, by which I can recollect perfectly well that it was put in evidence—I do not recollect at what period of the trial—I do not remember whether it was the letter referred to by the prisoner as the one he sent up the bill in—I am sure that it was read, and I remember this and the bill were read together—I think the bill was only read once—I cannot say whether this letter was read in the case for the prosecution or for the defence.
MR. BUSH re-examined. I think this letter was read on Smith's trial, but cannot say at what period—I was a member of the firm of Henry Bush and Co., of Bald win-street, Bristol—it was a firm of very long standing, and well known in most mercantile towns in England—I knew of no other firm of Henry Bush and Co. of Bristol—this bill is not the handwriting of any of our firm.
Cross-examined. Q. I presume, in the course of your transactions, you occasionally drew bills? A. Yes; I am now out of business; the partnership is dissolved—it is no longer Henry Bush and Co.—we had no partnership form of bill—they were drawn on blank stamps when we had occasion to draw one, but we very rarely did business with bills—if we had occasion to accept bills payable in London, we accepted them payable at Grote, Prescott, and Co.—they are regular correspondents of the Bristol bank—I never knew a bill on our firm drawn in such a form as this.
MR. BUCKLER re-examined. This letter was put in evidence upon Smith's trial, but was not read—I cannot say whether it is the letter the prisoner identified as the one he sent the bill in—a letter was put into his hand, which he said was the letter he sent the bill up with, and then it was handed to the officer of the Court; but Mr. Straight is mistaken; it was not read.
GUILTY. Aged 45.— Judgment Respited.—(See the next case.)
Fourth Jury, before Mr. Recorder.
MR. HORRY conducted the Prosecution.
GIOVANNI PATRIARCHA . I am shopman to Mr. Joseph Vago, a jeweller of No. 12, Oxford-street. On Monday, the 28th of August, the prisoner came into the shop and asked me to let him look at a gold watch—I showed him one—he offered me 3l. for it, which I refused to take—I afterwards sold him two silver watches for 2l. 7s. 6d. the two—he gave me this 4l. cheque in payment (read), "London, August 29, 1843, 50 Cornhill, No. 5, A. 276, Messrs. Barnard Dimsdale, Barnard and Dimsdale, Pay Mr. Smith or bearer 4l. Signed George Shergold." Endorsed R. L. Louis Moins Marttin. E. Vago. S. Smith.—I went next door and got it changed, and gave the prisoner 1l. 12s. 6d.—I asked him his address, and he gave me 21 Dean-street, which is near us—as we were dealing he said be used to deal in watches—I afterwards went to Dean-street, but found no number 21—there is no house there—the officer will explain.
JAMES THOMAS HOOPER . I am clerk to Messrs. Barnard, bankers, 50 Cornhill—this is one of our printed cheques—no such person as George Shergold, who purports to be the drawer of this, has any account at our house,
nor has there been for thirty years, I am certain—we have no such name in the books.
Prisoner. I did not—I said, "If you have got any thing to refer to me for, I have a friend at No. 5, Devonshire-street, who will take in all letters or messages."—Witness. He mentioned nothing about letters—he said he lived there—I offered to send home a portmanteau for him which he had purchased of me, and he said "I can take it myself; I only live at No. 5, Devonshire-street."
Prisoner. I did not say so—I said they would take in any letter for me—he was my best friend I had got, and any message would be sure to be delivered to me, as I called there every day.
HENRY FOWLER (Policeman.) I have produced the cheque—I received it from a brother constable—I have been to Dean-street, Soho, and inquired for the prisoner, but he is not known there—I looked for No. 21—there is no No. 21—it is an archway—No. 21 is put on the side of the archway—there formerly used to be a school called No. 21, but that is now No. 22—there is no No. 21 at all—the archway leads to the back part of the houses in Soho-square, I believe—I inquired of the postman whether any body was living orer the archway—it is a workshop—I inquired there, and no one knew Marttin there—that is No. 20—21 is turned into 22—I also inquired at 22—I could get no tidings of him.
Prisoner's Defence. What the first witness says is true; I did have two watches, and gave him this cheque; here is my own handwriting on it; this cheque was given me by Mrs. Smith; that lady ought be here to justify me; I gave the money to her; I do not know who is the forger of the cheque more than the person that took it; I have been taken in myself; it is the first time I have been in this country; I was commissioned by a merchant in Paris—I received a great many cheques of this kind—Mrs. Smith gave me three cheques, one for 2l. 10s., one for 4l., and one for 3l.—she asked me if I had got 6l. directly; I said I had only got 4l.; she asked me if I could manage 2l. more; I said I would see what I could do for it; she told me that George Shergold owed Mr. Smith 70l., that Mr. Shergold was a rich man, and that he lived somewhere in Pentonville; I said, "Why not go yourself to the bank to get the money?" she said that George Shergold was a very severe man; he promised to pay on the 29th, and as these cheques were not due, the bankers would not be liable to pay them before the time; so I went down to my friend Mr. Thompson in Devonshire-street; I went back to her at No. 33, Great Ormond-street, and said I could not do any thing with it; she said, no matter what she lost by it, she wanted the money; I brought her the merchandise and money that the parties gave me; I gave up every thing to her; I was not aware the cheques were forged; I am taken in by this woman, Mrs. Smith, as she calls herself, and I am not the only one; there are several other persons in Court that she took in; she is now in this prison in the name of Taylor; there are some charges against her; a great many persons came up at Clerkenwell against her, and she deceived me, the same as she did others.
EDWARD NEWBURY . A person named Mrs. Taylor gave me a cheque for 2l. 10s.—this is the woman—(looking at a prisoner named Eliza Amelia Taylor, who was placed at the bar)—this is the cheque she gave me—(looking at one produced by the officer.)
Prisoner. Compare that with the cheque she gave me, and you will see
the writing is the same; I do not know whether she committed the forgery of not, but she did give it to me, and I dare say she will not deny it; I wish her to be sworn as my witness, to say whether she did or not.
Prisoner. She wrote it before me, and gave it me in her own room.
EDWARD NEWBURY re-examined. Q. Look at this cheque? A. I do not know her handwriting before I see it—I never saw her write—(looking at it)—I do not know it—I have corresponded with her by language, passing from Mr. Smith, when I have gone to Mr. Smith's house on business—I have seen her as Mrs. Smith—she has answered me as Mrs. Smith—she never uttered any bill to me—I have no means of knowing her hand writing—I have always known her as Mrs. Smith, and she always passed to me as such, as being with Mr. Smith—I do not know anybody who knows her handwriting—I know Mr. Smith's writing—I never saw the prisoner with her till she was before Mr. Greenwood—I do not know anybody named Shergold—I know Samuel Sidney Smith, and know his handwriting—there is no handwriting of his on this cheque—that I can swear to—this at the back is not Mr. Smith's handwriting—I have looked backwards and forwards, and there is none of Mr. Smith's handwriting here—I am perfectly acquainted with his handwriting.
Prisoner. Mr. Smith has got a clerk named Henry Bush, and a Mr. John Harvey, who lived three years with Mr. Smith, told me, in Clerkenwell prison, that he was almost certain it was the writing of Henry Bush; I never said I lived at No. 21, Dean-street; they never asked me where I lived; I lived in James-street, Long-acre; I am not much used to the laws of this country, not having been here quite two years and a half.
HENRY FOWLER re-examined. I went to No. 5, Devonshire-street—the prisoner was not known there—there are two Devonshire-streets—I did not go to the wrong one, for before this the prisoner had addressed a letter to the station-house about some one robbing him, and I was sent to No. 5, Devonshire-street, Queen-square, to inquire after him; and on doing so, they said several persons had been there inquiring after Marttin, but they knew nothing about him—the watches have not been found.
Prisoner. They must know me there; I gave no false address; I did not know you were bound by act of Parliament to give your address if you do not choose; I took this cheque from Mrs. Smith, the same as other persons took it from me; why should I be more clever than they, to know the cheques were forged? I lost 2l. by it; I gave 6l. to her; I cannot prove it; no one was present; they were too up to me; I was not aware of such things; she wanted the money to pay the barrister for Mr. Smith's defence; I saw Mr. Smith a year ago in the Queen's Bench; he said he was there for 200l.; I went there to see my friend Mr. Thompson, of No. 5, Devonshire-street, who had been security for Mr. Smith, which caused him to be in the Queen's Bench; they were very pleased to see me, because I was of service to the party; Mr. Thompson told them about my character; he has known me ever since I have been in this country—when I called on Mrs. Smith to see how Mr. Smith was, she said, "Mr. Marttin, he will be tried to-morrow;" she asked me if I had got 6l. to lend her; I said no, I had only got 4l.; she immediately produced to me this cheque; I went to borrow 2l.; I brought back the 6l.; this Thompson owes me 9l., for translating books, lending money, and so on; the policeman has got the bill, which will prove that, and show that they must know me; they know me too much.
Prisoner. This is a copy of Thompson's bill.
THOMAS FOWLER re-examined. I found a person named Thompson living at No. 5, Devonshire-street—he denied having any transaction with the prisoner—Thompson is not here—we could not get him—I never saw him but once, and that was to make the inquiry—he was never at home afterwards—I do not know whether he has absconded—I have been a great many times, and was always told he was out—I have been there about three or four times—he denied knowing the prisoner altogether—I did not ask whether he owed him anything—I called there several times for the purpose of getting him before the Magistrate—I did not leave any subpoena—I was not aware it was necessary.
NOT GUILTY .
2634. JOHN MARTTIN, alias Louis Moins Marttin , was again indicted for feloniously forging and uttering, on the 25th of Aug., an order for the payment of 2l. 10s., with intent to defraud Anthony Sandoe.
MR. RYLAND conducted the Prosecution.
ANTHONY SANDOE . I live in King-street, Holborn—I am a cabinetmaker, and deal in portmanteaus. On Friday, the 25th of Aug., the prisoner came and asked the price of a portmanteau at the door—I told him 1l. 2s.—he looked at it, and asked me if I could not take 1l. for it—I said I could not—he then consented to take it at 1l. 2s.—he tendered this check for 2l. 10s. in payment for it—it had all the writing on it that it has now, except the words "drawer unknown," which was put on at the banker's when presented—I gave the prisoner the difference—we offered to send the portmanteau home for him—he said he could take it himself, for he only lived at No. 5, Devonshire-street—that is a very few yards from our premises—he went away with the portmanteau and the change—I did not see him again till he was in custody on the Tuesday following—he asked what we wanted of him, said he would pay me the money, and that he took the check of Mrs. Smith—I afterwards saw him at the station—he there repeatedly said that he took the cheque of Mrs. Smith, and that he would pay me the money for it—he offered to go and fetch Mrs. Smith, and said that she lived at No. 33, Great Ormond-street—the check is dated the 28th of Aug.—he gave it to me on the 25th—I noticed the date the same day, but not till after he was gone—I presented it the same day, but got no money for it—(read)—"London, Aug. 28, 1843, No. 50, Corn hill. 15 A 270. Messrs. Barnard, Dimsdale, Barnard, and Dimsdale, Pay Mr. James Drake, or bearer, 2l. 10s. Elizabeth Smith." Endorsed "James Drake;" marked "drawer unknown."
Prisoner. He said he would take me in custody because the check was forged—I said I knew nothing about it, but asked him to come with me to Great Ormond-street, Queen-square—he said he would, but the policeman would not let him—I remarked to him at the time that the check was not due. Witness. I do not recollect that he did—I do not think he did—I did not know it was drawn on the 28th till after he was gone—I do not recollect his saying it was no use presenting it at the bank, that it was not due.
Prisoner. You looked at the date, and said it did not matter, you were not in a hurry for the money. Witness. Not a single word of the sort Passed—I noticed the date about an hour after he was gone—I presented it the same day—he did not point it out to me—I would not have taken a check dated three days in advance.
came to our house rather more than three months ago to look at some apartments which we had to let—I showed them to him—he said he wanted them for a friend of his—he said he himself was in the Custom-house, and lived in Devonshire-street, which is close by; and that the gentleman he wanted them for had just arrived from abroad—he said he would bring his friend in the evening—he called again in the evening alone, and said he did not approve of the character of the gentleman he was about to recommend so we declined it—I did not see him for some time after that—about a week before the 25th of Aug. he came again, to look at some portmanteaus—we had a good deal of conversation about portmanteaus—he wanted one larger than we had got—on the 24th we got a large one—I did not see him on the 25th—I saw him when he was in custody—he said he did not know the check was a false one, that he took it of Mrs. Smith, and he wished to pay the money—I heard him offer to pay the money to my father—he said at the station that Mrs. Smith resided at No. 33, Great Ormond-street, and he wished to go and fetch her—he said before the Magistrate that he resided near Covent-garden, he could not say where.
Prisoner. I said I was going to the Custom-house to meet the gentleman. Witness. No; he said he belonged to the Custom-house.
JAMES THOMAS HOOPER . I am clerk to Messrs. Barnard, bankers, Cornhill. This is one of our forms of cheques—we have no such customer at Elizabeth Smith—this cheque was presented at our house, and our answer was given, "Drawer unknown."
RALPH STONE (police-constable E 72.) I took the prisoner into custody on Tuesday, the 29th of August—he wanted to know what it was for—I told him it was about a cheque—he said he would go to Mr. Sandoe, and settle it with him—I had not mentioned Mr. Sandoe to him—he said he would pay Mr. Sandoe the money sooner than be the loser of it—I took him to Mr. Sandoe's house, and saw Mr. Sandoe—the prisoner said he did not wish Mr. Sandoe to be the loser of the cheque, as he would give him the money; and if he had not money enough he would go to Mrs. Smith, and she would let him hav some more—he said she lived either at No. 32 or No. 33, Great Ormond-street—I did not take him there, but to the station—I did not know I should be doing right in not taking him to the station—I searched him, and found another cheque on him, 3l. 19s. 1d., some papers, a silver knife and fork, and a duplicate—he said, as he was going to the station, that he resided at No. 5, Devonshire-street; and at the station he said he lived in a street next to Bow-street, but he did not know the name of the street, it was next to a coffee-shop—he was asked whether it was James-street—he said yes, he thought it was—he said Mrs. Smith gave him the cheque to change, if he could—I went to Great Ormond-street—the servant told me she was just gone out, and she did not know when she would return—I did not go more than once—I did not go to Devonshire-street—I did not go to James-street, Bow-street.
Prisoner. This policeman stated quite different before the Magistrate; what he says is false, I said nothing of the kind; I did not speak three words to him. I went with him, and told him I received the cheque from Mrs. Smith.
WILLIAM KING . I am a pawnbroker, and live in Holborn. The prisoner came to my shop on the morning of the 28th of August, and pledged this portmanteau for 8s., in the name of Louis Marttin, No. 12, Church-street—there is a Church-street, St. Ann's, that is not near Devonshire-street.
Prisoner. Church-street, Soho, is where I have lived eighteen months.
Witness. There is a Church-street, Soho.
MR. SANDOE re-examined. This is the portmanteau I sold the prisoner.
Prisoner's Defence. I changed the cheque for Mrs. Smith; she told file to pledge the portmanteau, and bring her the ticket and money, because she wanted to make up 6l. that very day, to prepare for Mr. Smith's trial the next day. I did so, and brought the 8s. and duplicate to her; she said she had not then got enough. I could not change the next cheque that day; she and Henry Bush met me in the evening, near the place where I lived once before, the coffee-shop where I had my clothes; she said she did not care about losing 10s. or 1l. by the three cheques, because she wanted the money directly; she told me she must have money, and she would pay me very handsomely for it, if I could get the money, and make up the amount for her, so I went to the person in Oxford-street for change, and brought her the two silver watches, and 1l. 12s. 6d., which made up the amount; she said, when I brought her the other 3l. she would give me 10s. for my trouble; that is the cheque for 3l. which has been produced. I was not to go to the bankers', as it is dated the 29th, and they would not pay it till it was due. I was taken into custody on the 29th, so I could not go. Immediately I was taken into custody I sent to her to justify me; they would not let me go; "they Brought word that she was out; the Magistrate, Mr. Coombe, sent a summons 'down to lock her up. Next day the landlord where she resided, in Great Ormond-street, came up, and said she did not sleep there that night, that she had left the two watches, and run away without paying her rent. I did not know the cheques were forged. I have received a good many cheques since I have been here. I was commissioned from various merchants in Paris, and had various kinds of cheques. I am the loser. I gave her the balance. I believe she and Henry Bush made it up between them to say that they had better give it to me, because they knew I was a foreigner, and easily deceived. I brought them their money directly. (See the case of E. A. Taylor, page 873.)
GUILTY . Aged 25.— Confined Two Years.
CHARLES RICHARD PARRY . I am a linen-draper, and live in Ratcliff-highway. On the night of the 31st of Aug., a female came into the shop, and occupied my attention by buying some trifling article—I happened to look through the window, and saw the prisoner with this piece of striped cotton under her arm, walking past the window—I went out, took her by the arm, and brought her back with it under her arm—she dropped it as soon as she got inside the door—a policeman came and took her—I had put the cotton on a line just outside the door that morning, and secured it by pins—I had seen it about half an hour before.
Prisoner. I was full fourteen yards from the house, and never came near the window. Witness. She had got beyond the next house.
GEORGE CARR . I am a policeman. I took the prisoner into custody—Mr. Parry said, "I give this woman into custody for stealing this shirting"—she said, "I am sure I did not"—on taking her to the station she said, "I am innocent, I never took the shirting."
Prisoners Defence. I was going down the highway, and was fourteen yards from the shop when the prosecutor came after me, and said he wanted me—I said, "What for?"—he took me back, and sent for a policeman. If I had his property about me, why not take it from me?
GUILTY . Aged 27.— Confined Six Months.
OLD COURT.—Saturday, September 23rd, 1843.
Second Jury, before Edward Bullock, Esq.
2636. THOMAS CROSBIE was indicted for stealing, on the 1st of Sept., 1 waistcoat, value 2s.; 1 pair of trowsers, 2s. 6d.; and 1 pair of boots, 2s. 6d.; the property of Henry Burge; and that he had been before convicted of felony.
HENRY BURGE . I live in St. John's-square, Clerkenwell—on Wednesday, the 1st of September, about ten minutes after eight in the morning, I went to the Serpentine, in Hyde Park, to bathe—I put my clothes down on the bank—after I came out, I missed my trowsers, boots, and jacket—this is my jacket (produced)—I have not seen my boots or trowsers since.
Prisoner. Q. Did you see me there? A. No.
FREDERICK FISHER . On Wednesday evening, about a quarter to nine o'clock, I met the prisoner in New-street, Brompton; he asked me if I wanted to buy a jacket—I said I had not got any money, I would go and ask my mother—I afterwards bought it of him for 4d.—this is it—I know him by sight—I never bought anything of him before—I gave him the money—he did not give me the jacket; one of the other boys gave it me—there were three more boys with him.
Prisoner's Defence. Going through the park, I met some boys with a jacket—they asked me to go with them; I did—they asked me if I would ask this boy whether he wanted to buy a jacket; I did so, and the boy that had the jacket gave it him—he gave me the money, and I gave it to the boy; I did not know it was stolen.
GUILTY . Aged 12.— Transported Seven Years—Parkhurst.
2637. WILLIAM FORD was indicted for burglariously breaking and entering the dwelling-house of Thomas Wilson, on the night of the 4th of Sept., at St. Luke's, with intent to steal, and stealing therein, 64 cheroots, value 10s.; and 7 farthings; his property.—Second COUNT, for stealing the said property in the dwelling-house, and afterwards burglariously breaking out of the same.
THOMAS WILSON . I keep the Coach and Horses, in Mitchell-street, St. Luke; it is my dwelling-house—on Sunday night, the 3rd of Sept., I went to bed at five minutes past twelve o'clock—I left the house quite safe, I bolted and locked the doors—they were all fastened up, with the exception of my club-room window, on the first floor front—in the course of the morning, the police rang the bell; I went to the club-room and found the window as I had left it—in consequence of what the policeman told me, I went down stairs, and found a side inner door open, which had been locked and bolted the night before—there is an outer door, with a spring lock, which goes into the passage; that was shut—I found that they had screwed off the lock of the bar door—they had got into my bar over the counter, and got to the street door, which was open; and just outside I saw the sergeant, the policeman, and the prisoner—I examined the bar, and found the tills all Irawn open—from my bar-parlour I missed a quantity of cheroots, from the box, which was left—I am sure they were safe the night before—they were not worth above 10s.—I also missed seven farthings from the till—I found
five dozen and three cigars swimming on the water, in the kennel; and a gimlet that is used for tapping barrels—I also found my dog poisoned.
Cross-examined by MR. PAYNE. Q. Were you the last person up? A. My wife and I went up together—I am certain there was no person left in the house when I went to bed—I am quite sure the bar door was fastened—I have a distinct recollection of it that night—I lost no property but the cigars.
WILLIAM MARINER (police-constable G 30.) I was on duty in Mitcbell-street, and I tried the door of the Coach and Horses, at a quarter to three o'clock; it was quite secure then—I went on my beat, and made a report to my sergeant—I came back about three o'clock, tried it again, and it was not fastened; I pushed it half open, and found it was pushed to again by some one inside—I saw no light—I put my foot between the door and door-post, forced heavily against the door, then turned my light on, and saw the prisoner standing before me—I laid hold of him, and asked him what he was doing there—he said, "What do you want?" several times—I kept him by the collar, sprung my rattle, and took him out into the street—the sergeant came immediately—I gave him information—he rang the bell, and Mr. Wilson came down—I saw the bar door inside; it was open, and the fastening was lying down by the side of it—the till and two drawers were out.
Cross-examined. Q. Are you quite sure that the prisoner was inside the house? A. Quite positive—I never saw him before—he was within a foot of the door—as soon as I got the door open, he stood close to it—I did not seize him outside the door for somebody else—I turned my light on him before I took him out of the house, and held him tight by the collar.
HENRY GREEN (police-sergeant.) About a quarter to three, on the morning of the 4th of Sept., I met Mariner in Mitchell-street—he gave me a report—about three o'clock I heard the springing of a rattle, went immediately to the spot, and saw him close to the prosecutor's door, holding the prisoner by the collar—the door was open—the prisoner said he was stopped on the pavement—Mariner told me positively that he took him inside—I rang the bell—Mr. Wilson came to the club-room window, and afterwards came down—I found the drawers all pulled open, and the bar door forced open—I searched the prisoner, found this knife with a screw-driver to it in his waistcoat pocket, seven farthings in his breeches pocket, and this key in his coat pocket—it did not fit any thing—this fastening was lying down by the bar door, and also some lucifer matches.
Cross-examined. Q. What did you see first? A. Mariner holding the prisoner's collar—I said, "Hold him tight"—he was just in the act of coming off the step of the door—I had never seen him before that I am aware of.
GUILTY . Aged 22.— Transported for Ten Years.
Before Mr. Justice Cresswell.
2638. JOHN ADAMS and WILLIAM ADAMS were indicted for burglariously breaking and entering the dwelling-house of Joseph Sowerby and another, at St. Marylebone, about one o'clock in the night of the 17th of September, with intent to steal, and stealing therein, 8 sovereigns, 1 half-sovereign, 136 shillings, 90 sixpences, 202 groats, 127 pence, and 498 half-pence, their monies.
WILLIAM WHITMARSH (police-constable E 80.) I was on duty in Well-street on the 18th of September, about twenty minutes past three o'clock in the morning—there was an unfinished house, with a hoard before it, next door to Mr. Hannay, the dispensing chemist's, adjoining the premises of Messrs. Williams and Sowerby—they employ a private watchman—I heard a
noise there—I found the watchman sitting at Messrs. Williams'entrance door, in Well-street, fast asleep—I awoke him up, fetched another constable, came back, and the watchman and my brother constable were placing a ladder against the unfinished house—the watchman went up first—he got to the first floor window, and said, "Here is two of them"—I went up, got in at the first floor window, and found the two prisoners there—the prisoner John had his shoes off—on the first floor, where the prisoners were standing, I found these six 5s. packets of halfpence, wrapped up in this red handkerchief and a piece of white linen—it has never been out of my possession since—I took John into custody—he wished to put on his shoes—he put them on, and I took the prisoners away—I searched the house—the watchman lighted me over the premises—I west into every one of the rooms, and coming down kicked against this bundle—John Adams said, on going to the station, "Never mind, Bill, it is a bad job, but it will prevent us from doing anything more."
THOMAS FISHER . I am a watchman employed by Williams and Sowerby, I went on watch—on the night of the 17th of September, about six o'clock in the evening, I went into the dwelling-house in Well-street, where they live—I staid there until eleven, then came out, and went into the unfinished house—there was a hoard round it—I went and saw all round the bottom part as far as I could with the light—I got in by undoing the padlock of the door in the hoard—I looked round, saw nobody there, went out, and locked the door after me—I sat myself down, and fell asleep—I was awoke by the policeman—I rang the porters up, and got a light from a man that keeps a coffee-stall at the end of the street—the policeman went away for another—he came back again—I had been up into the first floor, looked round, and could see nothing—I got up by the ladder to the middle window—one ladder was placed at the middle window and one at the end, inside the hoard—while I was gone to get the candle, Harden took the ladders away—when the policeman came back I went up again, and on going in at the middle window I saw the two prisoners standing at the corner window—I afterwards saw the bundle that the policeman found—I cannot tell how they got into the unfinished house—I never saw them till I collared them.
DANIEL MORGAN JONES . I live with John Williams and Joseph Sowerby; their premises are in the parish of St. Marylebone. I know the unfinished house that adjoins the back of our premises, Nos. 61 and 62, Oxford-street—by getting over the hoarding outside, a person could get to our shop by means of a ladder which reached up to the leads on the top of the shop from the yard of the unfinished house—on the morning of the 18th of Sept. the policeman awoke me—when I got up the prisoners were in custody in the unfinished house—I found gold and silver to the amount of 19l. 11s. 4d. in this handkerchief in the unfinished house, on the first floor—there was a ladder at the back—from that first floor a person could get on the top of the leads of the Oxford-street premises, and get into the shop by means of a sky-light, which they opened—there was no fastening to it; it opens by means of a hinge, and is kept open by its own weight—I should think it is twenty feet above the floor of the shop—this rope (produced) and a ladder was placed there—it was taken from the sky-light, part on the leads, and part hanging into the shop—it was not fastened above at that time—a person holding by that rope, if fastened above, could get into the shop—one person on the leads must have held it while the other got down—a person could get back by fetching a large pair of steps from the shop in Oxford-street, and bringing it under the sky-light, where I found it on the morning of the 18th—the steps had not been left there the night before—I examined the cashier's desk in the shop; it was locked, and apparently safe, but my attention was afterwards drawn to a small board at the side of the
flap of the desk, which was forced open, by which means any person could put their arm into the desk, and so take the money out—the calico in which this bundle is tied up, appears to have been torn from a piece that had never been made up—I cannot say whether it is new, or whether it has been wished—the prisoners had nothing to do with the shop, to my knowledge.
GEORGE THOMPSON . I am cashier to Williams and Sowerby. On Saturday, the 16th of Sept., I left the shop, locked my desk, and left about 30l. in it—there was 4l. worth of copper tied up in packets—I did not put it there myself—it was tied up when I took it—these are like the packets—I had 10l. in sovereigns in a small drawer in the desk, and about 20l. worth of silver tied up in pounds in paper, placed in a little fixture in the desk, above the drawer—on the Monday morning, about twenty minutes to seven o'clock, I went there—I examined the desk, and found the side had been forced open—put my hand to the part that was broken in, and could not feel any money, or anything—I found all the drawers in which the gold had been, and bowls that I kept the silver in to give change with, underneath the desk—I unlocked my desk about eight o'clock, and about 9l. was left—about 1l. 10s. worth of copper was gone, about six packets—I had locked the desk on the Saturday night, and gave the key to Mr. Jones.
MR. JONES re-examined. I never unlocked the desk in the interval—I kept the key all the time.
FRANCIS HARDEN (policeman.) On the morning of the 18th of Sept. I went to this house—I found the watchman there—he went up when I was there, and found nobody—I removed the ladders, (while he was getting a light, because I heard a noise,) so that they might not get out—he came back with a light, and another policeman—the watchman then went up the ladder again, and found the two prisoners there—I held them, while my brother constable and the watchman searched the premises—John said to his brother, "It is a bad job, it is all up with us now, Bill "—I found one sovereign, seven shillings, and 16d. in copper—I have not counted the silver.
John Adams's Defence. We were both left without a home, and had no where to go; we had a little money about us; we did not like to spend it till we got a situation; we had been over the hoarding to sleep three nights running; the watchman was every night regularly asleep; the dog in the next yard began barking, hearing the noise of our feet on the gravel; we took our shoes off, and laid down; we heard the policeman under us making a noise; presently a ladder was put against the house, and they came up and took, us.
William Adams's Defence. I say the same as my brother.
JOHN ADAMS— GUILTY . Aged 16.
WILLIAM ADAMS— GUILTY . Aged 17.
Transported for Ten Years.
2639. ELIZA AMELIA TAYLOR was indicted for feloniously forging and uttering, on the 28th of August, an order for the payment of 2l. 10s., with intent to defraud Richard Francis Adams. (See page 860, No. 2631; and page 864, No. 2632.)
MR. CHARNOCK conducted the Prosecution.
RICHARD FRANCIS ADAMS . I am a locksmith and bell-hanger, and live in King-street, Seven-dials. Edward Newbury has lodged with me these fifteen or sixteen months—on the 28th of August, between half-past eight and half-past nine o'clock in the morning, the prisoner came to my house—she had called before to see Newbury—she inquired if Mr. Newbury was at home—I
said I believed he was, I would call him down—I did so—I handed her a chair in my shop till he came down, and when he came down he recognised her as an acquaintance—he said something which I did not understand—I was going on with my work, and did not hear—they did not address themselves to me—they had some conversation, and immediately after Newbury turned round, and said to me, "Oh, Adams!"—he immediately turned to the prisoner without saying any more to me, and said, "Have you got it with you?"—she said, "Yes," and produced this cheque—I saw her pull it out of her purse—he asked me whether I could get it cashed over the way at the public-house—I said I did not like to make so much freedom with then, as I was not well acquainted with them, but I would ask my brother-in-law, who lived next door—she gave the cheque to Newbury, and he handed it to me—I took it next door, to my brother-in-law, and he came back into my shop, and gave the money to me across the counter—I handed the money to Newbury, and saw him hand it over to the prisoner—I did not know her name at that time—nothing was said as to who was the drawer of the cheque—it is dated the 29th of August—this happened on the 28th—the prisoners and Newbury went out together.
Cross-examined by MR. BALLANTINE. Q. Did I understand you to say you had not known the prisoner before? A. I had seen her once or twice calling on Newbury—I never knew a person named Samuel Sidney Smith, now a man named Bush—Newbury professes to be a surveyor, so he tells me—now was out all day—I never could get to know what he was—he constantly had friends visiting him—I have never seen a person named Smith since this transaction, to my knowledge—Newbury appeared to know the prisoner perfectly; well—I cannot tell whether he appeared to expert her—I was busy at my work, and did not notice at the moment whether he seemed surprised at seeing her, and at her request about the cheque—I saw that she did deliver him the cheque, because he called my attention, by saying, "Oh, Adams"—(The cheque was dated, London, August 29, 1843, drawn by W. Watkins, as Messrs. Barnard and Dimsdale, for 2l. 10s., payable to Mrs. Smith, or bearer.)
EDWARD NEWBURY . I live at No. 62, King-street, Seven-dials, at the last witness's house—I am a surveyor by profession, and a bell-banger. I have known the prisoner between four and five years, I believe—I never knew her by any other name than Mrs. Smith till since this affair—I supposed she was a married woman—I knew her supposed husband—on the 28th of August Mr. Adams came up and called me—I went down and saw the prisoner—she pulled this cheque out of her purse, saying that she wanted it to pay the counsel's fees, as Mr. Smith's trial was coming on that morning, and asked if I could obtain her the money which she had spoken to me about on the prior evening—she had spoken to me on the prior evening on the same subject, at her own home—she had sent for me, saying that she wished to see me at eight o'clock in the evening, and I went accordingly—(that was on the Sunday evening—it was about eleven o'clock when the messenger met me to say that Mrs. Smith wished very particularly to see me at eight o'clock)—she appointed to come again that night, which I said was impossible—I said, if she came next morning, no doubt I could get it done, and when she came on the Monday morning she produced this cheque out of her purse—she said nothing more than, "There is the cheque, sir"—I gave it to Mr. Adams, who went to his next door neighbour, a relation, to obtain the money—this is the cheque—Mr. Adams gave me the money, and he saw me place it into her hands the moment he gave it to me—it was 2l. 10s.—she put it into her purse, and left—I had seen the cheque on the Sunday evening, and she asked me to cash it then, but I said I could not possibly get it done till the following morning—the
said, "I must have it done by nine o'clock, to pay counsel's fees"—I asked her who Mr. Watkins was—she said a very respectable person in the City, and the money was as certain as though she had got it in her pocket—I do not know any such person as Mr. Watkins—the prisoner and I left Mr. Adams together—I then went to my trustee, in Goodge-street, Tottenham Court-road, to ask him if he would give me the cash for another cheque which she had—I did not succeed in getting that—I never saw the prisoner afterwards till she was in custody.
Cross-examined. Q. Who brought you the message on the Sunday morning? A. A person who was always a messenger backwards and forwards from Mr. Smith to me, not always, but latterly—I am told his name is Bush, but I do not know it to be so—I did not see that person yesterday—I have never seen him since—I was not in Court yesterday—I did not see that person here last Sessions, that I know of—I have not seen Smith since—I saw Mr. Smith in this Court for a former transaction—I did not see hhn here last Sessions—I have never been a witness for him—I do not think anybody was present but the prisoner and myself, when I went to her on the Sunday evening, not when I first went, but I think I saw that gentleman, Mr. Ballard, there afterwards—I think he acted as Mr. Smith's attorney—the prisoner did not give me Mr. Watkins's address—I did not inquire it, the thing was done so momentarily, and knowing it was Sunday—I made no further inquiries about Mr. Watkins of anybody—I did not go to the banker's to ascertain whether any person of that name had an account there—the prisoner did not tell me who she received the cheque from—I understood that she received it from Mr. Watkins—I know that Mr. Smith was at that time in Newgate—I have beard that Bush has since then been charged with forgery—I have been acquainted with Mr. Smith between four and five years—I cannot say exactly the time, but I can say full four years—I have been in the habit of doing holiness in ray profession for him, surveying buildings—I used to survey his property, his houses—I did not build for him.
Q. Where were the houses that you were in the habit of surveying for Mr. Smith? A. In Suffolk-street, Hackney-road, where he at that time dwelt—I was not intimate with him, more than 'as far as concerned my business—I do not suppose I saw him fifteen or twenty times in my life—I do not know that I ever knew Mr. Bush till the Sunday before this happened, but he has been backwards and forwards to my house, perhaps for a couple of months, or it might be three—he used to come up to me of a morning, before ten o'clock, with any message—I never lived with Bush, nor ever knew where he lived—I never lived in the same house with him—I have never been charged with any offence—I know the Court of Requests in Kingsgate-street—I never was charged with any offence, nor ever in custody, or locked up—something was said about giving me in charge for uttering this cheque—I believe Mr. Greenwood misunderstood it, in this way, this was prior to the prosecution, though on the same morning, and he considered it was an act done after the prosecution.
JAMES THOMAS HOOPER . I am clerk to Messrs. Barnard, Dimsdale and Co., bankers, on Cornhill—this is one of our printed cheques—we have no customer or person who banks with us of the name of W. Watkins.
COURT. Q. What is your department? A. Chief clerk—we have had no such name for thirty-three years, during which time I have been at Messrs. Barnard's—this cheque has been presented, and the answer, "Drawer un-known," is on it, in my writing.
Cross-examined. Q. Have you had to refer to your book, to ascertain that
you have no customer named W. Watkins? A. Not at all—I can say so most decidedly, without reference to the books.
HENRY FOWLER (police-constable E 111.) I took the prisoner into custody, and told her it was for passing a cheque—she said, "Let me look at it"—I showed it to her, and she said, "Yes"—she was searched, and a purse, two foreign coins, 3s. 6d., and a towel found on her.
GUILTY. Aged 21.—Strongly recommended to mercy by the Jury, thinking her to be an instrument in the hands of others. — Confined Two Years.
2640. TIMOTHY COTTER and MARY CAMPBELL were indicted for feloniously assaulting Reuben Webb, on the 5th of September, and cutting and wounding him on his head, with intent to do him some grievous bodily harm.
MR. RYLAND conducted the Prosecution.
REUBEN WEBB (police-constable K 171.) On Monday night, the 5th of September, I was on duty in High-street, Poplar, about half-past twelve o'clock, and saw the two prisoners, who I knew before, with two females and two other men—they had been to the public-house near there—the landlord opened the door and told them he did not want them there, for he was going to close his doors, and he shut the door—on observing that, I said, "My lads, see about getting home, it is getting on for one o'clock"—I then went to the end of my beat, and came back again near on ten minutes, to about thirty yards from the same spot—I saw the same six persons at the corner of the Black Boy-lane—there was another man and woman standing at the corner—I told them it was time for them to go home—they wished me good night, and went away—I then passed the prisoners—I did not speak to them then—I had got about two yards by them when I was hit under my left ear, and knocked down in the road—I turned round the moment I could get up, and got a kick in my right eye from Cotter—one of the other men said, "Leave ago of the man"—I had caught hold of Cotter's leg—I said, "I shall not, he is my prisoner; let me get up and take him fairly"—Campbell kicked me several times in the side, and said, "Kick the b—in the throat, and make him leave go"—one of the other men kicked me in my left side, and said, "Now will you leave go?"—I said, "No, I shall not"—I had got Cotter by the left leg, and every opportunity he got, he kept kicking me with his right foot about the head, or wherever he could—he kicked me in the mouth, and caused my nose and mouth to bleed very much, so that I could not halloo—I still kept his leg—the same man that kicked me on my left side jumped upon me, and went up Black Boy-lane—the third man kicked me on the right side, just by the hip, and took my wind away—Mr. Abbott came out of his house, hearing two females crying murder—the parties then broke from me, and ran up Black Boy-lane—I held Cotter by his heels—he slipped out of his shoes, and went after them—I kept his shoes—I had assistance to get up—I found I bad two wounds on the back of my head, which I got by kicks—they bled.
Cross-examined by MR. PAYNE. Q. At the time Campbell kicked you, Cotter and you were struggling on the ground? A. Yes, she was taken next morning near the station.
THOMAS ABBOTT . I live with my father at the Harrow public-house, High-street, Poplar. I was at home about midnight, on Monday the 5th of September, and heard a cry of murder—I went out, went some distance up the street, and saw from twelve to twenty persons surrounding the policeman, who was on the ground, and had hold of Cotter's leg—I then saw Cotter, with one desperate effort break from him, at the same time strike
him on the face or head with his fist—I did not observe whether he did any thing with his legs or feet—he ran some little distance up the street—Webb got up and called out "Where is he?"—I pointed him out, and he followed him, and attempted to lay hold of him, but he escaped his grasp, ran up Black Boy-lane, and got away. Webb seemed to be beaten in a very dreadful manner, and was quite exhausted—I saw Campbell mixed in the crowd close to the policeman, but did not see her do any thing.
MICHAEL EALON . I am a labourer, and live at Limehouse. On Monday sight, the 5th of September, I was at the corner of Black Boy-lane with a female—I saw Campbell—she shoved against me—I told her not to shove me against the wall—I afterwards saw Webb—he told me to go home—I said I was going directly—as I was going home I heard a cry of murder, and as I returned towards the spot I was knocked down by a man in a white jacket—I got up again, went again towards the spot, and saw Cotter run past me without cap or shoes. I afterwards saw a girl with a cap and shoes in her hand—she gave them to a man who keeps a shop at the corner of Black Boy-lane, and he gave them to one of the officers—I have known Cotter a long while, and know this cap and shoes to be his.
Cotter. This man has come up against me through spite; we had a row in the Harrow a short time back, and I got the upper hand of him. Witness. I had a row with him six months back, but I had forgotten all that.
SUSANNAH LAWRENCE . I live in Henry-street, Limehouse. On the night of the 5th of September I was passing by Black Boy-lane, and saw Webb lying in the road with a man on him thumping him—I do not know that man—he got up and ran up Black Boy-lane—I did not see whether he had shoes on or not—Webb seemed to be quite exhausted.
WILLIAM PEATLING (police-constable K 264.) I apprehended Cotter the same night in High-street, Poplar, and took him to the station—he turned round to Webb, who was there, and said, "You b—Reuben Martin, you challenged me to fight; I knocked you down, and four or five others kicked you"—Reuben Martin is the name of a prize-fighter.
JOHN KEELEY . I am a surgeon, and live in High-street, Poplar. Between one and two in the morning of the 6th of September, I was called to see Webb—I observed two cuts or lacerated wounds at the back of his head—one was smaller than the other, and contused—there was also another contusion at the corner of the eye—I dressed them—I saw him again—I dressed his wound again—he required my attendance for three or four days—I have no doubt the lacerated wounds were done by kicks, but not the wound at the corner of the eye—they had bled considerably—Webb had not the slightest appearance of intoxication.
Cross-examined. Q. Were any of them excised wounds? A. They were not—the whole skin was broken to the bone, and the blood came from the smaller vessels, consequent on the division of the skin.
WILLIAM PEATLING re-examined. I was present when the prisoners were examined before Mr. Broderip—they each made a statement, which was taken down in writing, read over to them, and signed by Mr. Broderip—it was not signed by them—I cannot say whether the clerk wrote down what they said.
Cotter's Defence. I was passing by this house at half-past twelve o'clock, and saw a number of persons standing there; I knocked at the door to get a pint of beer; the landlord came out, and told me to go away; I was going, and the policeman came and shoved me; I asked him what he shoved me for; he struck me, and I struck him: we both fell down; a great many people
came round; they pulled me away; I ran up Black Boy—lane, and was taken two or three hours afterwards.
Of an Assault.
Aged 26.— Confined Nine Months.
Aged 25.— Confined Five Months.
THOMAS TINSLEY . I am a cattle salesman, and live at Stratford. I am employed by Mr. James Murray, a farmer, at Old Ford, to look after his stock—I turned out a roan mare of his on Epping Forest, last Sunday week, the 10th of Sept.—she had been blistered on the two hind legs lately before—I went to look for her on the Thursday following, but could not find her—I saw her on the Friday following at Mr. Murray's.
JOHN MONK . I am a horse slaughterer, and live in Eastmount—terrace, Whitechapel—road. I saw the prisoner last Wednesday week, at Romford market—he had a horse exposing in the market for sale—I had never seen him before—I asked what he wanted for the horse—he said he had sold it for 30s., but the party would not have it afterwards—I said I would have it for 30s., and as he only came from Hackney, it was not far for him to come to my house for the money—he told me he came from Hackney, and gave me his address, which I have here, which is correct—"Henry Whipps, No. 6, Nichol—street, Margaret—street, Hackney—fields"—I said I would give him 18d. for his extra trouble, for I did not much like it, as the horse was fresh blistered—I gave him one of my cards, and one I tore in halves, and told him provided he brought me that half—card, and a letter saying he came honestly by the horse, or brought me the party he had it from, I would pay him—he after wards brought me this letter—"Dear Sir,—Please let the bearer have the sum of 1l. 10s., for J. Williams, No. 10, Great Ormond—yard, Queen—square, Bloomsbury"—I did not give him the money—I said I would call, or otherwise write a letter—I wrote a letter to William, and had no answer—my letter was sent back—they called on the Friday evening, to know whether I had had any answer—I said, "Yes, I have got an answer for you; you must go down with me to the police"—he said, "Very well," and went with me very willingly—I left it to the discretion of the police whether they would take him in charge or no, and they did not—I kept the mare from Wednesday till Friday evening, when Mrs. Murray came for it, and I gave it to her.
MARY ANN MURRAY . I am the wife of James Murray, of Fairfield—road, We have a farm—we had a roan mare which was turned out on the Forest on Sunday evening the 10th—my son, Thomas Tinsley, went to look for her on Thursday—on Friday I went to Smithfield market to inquire, in case she should be brought there—I got some information there which induced me to go to Mr. Monk's—I there found the mare, and got her on paying him 7s.
JAMES HAMS (policeman.) I apprehended the prisoner last Monday morning, in Smithfield—I told him I came to him respecting a mare that he had sold to Mr. Monk—he said "I am looking for him"—I said, "Looking for who?"—he said, "The man I had her from"—I said, "Don't you know the man?"—he said, "No"—I said, "Where did you first meet with him?"—he said, "Over there, opposite the Black Bull"—I said, "What do you mean, in the house?"—he said, "No, outside"—I asked how he became acquainted with him—he said he was passing there, he had come to Smithfield to look for a job—I said, "What, are you in the habit of driving cattle then?"—he said, "No"—I asked if he was in the habit of dealing in horses—he said no he was not—he then said, "I will tell you all about it"—I said, "You had better be cautious, because I don't know but what I shall have to take
you into custody"—he then said, that while passing by the side of the Black Bull, two men were in conversation together, one man said to the other "I will do it for 3s., and no leas," the man replied he would give him half-a-crown and no more; with that the men separated—he walked up to the one who remained, and told him he would do it for half-a-crown—I asked him if he knew at that time what he was to do for the half-crown—he said no, but the man told him afterwards, it was to take three horses down to Romford, that he did not want them taken down then, but on the following Wednesday, and he would give him the half-crown, and that he must bring a halter with him—that on the following Wednesday he met the man in the same spot—he was then sitting on a rail, and he had only the mare that he sold to Monk with him—he told him he had told the other two, but he was to take that one down to Romford, and sell it for 50s., and he would give him the same for selling that one that he was to have given him for the three—he said he took it down to Romford, and sold it to Monk, who refused to pay him and told him to go to him next morning, and he would pay him—that he went to Smith field market on the Thursday morning, and found the man in the same place he had seen him in on the previous morning—he told the man he had sold the horse to Monk for 30s., and if he went to Monk he could receive the money—the man said he could not go, but told him to go and say he was ill—that he went back to Monk's, and Monk told him he would not pay him unless he gave the person's name and address—he said be then went back to Smithfield, and found the man in the same place where he had left him—that he told him Monk refused to pay without a note from him—that he and the man then walked from Smithfield to the other side of Bethnal-green—they turned down a bye-street, and went to a public-house—he did not know the name of the street or house, that when they got there the man pulled half a sheet of paper out of his pocket, and told him to go into the public-house, and write the same as was written on the note that he sent to Mr. Monk—he said he did so, and came out, and showed it to him—he said it would do very well, ordered him to take it to Monk's, and said, "I will walk back to Smithfield—you get the money, and bring it to me, and you will find me in the same place again"—he said when, he took the letter to Monk's, Monk said he was going to the Edgeware-road, and he would call and pay him—that the following morning he went, and met the man in the same place, and asked him if he had seen Monk—he said no; that he had not been to him, and he was to go again to Monk's for the money, and meet him there—that when he went to Monk's again, Monk told him the horse was owned, and wished him to go to the station—that he went to the station, and told them nearly the same as he had told me—he said after that be went back to Smithfield, but could not find the man—that be then went to Great Ormond-yard, where the man had given the address in the note, and found there was no such person living there, and he could not hear anything of him—he said he never saw the man before the transaction, he never knew anything of him, and had not the slightest clue to him—I then took him into custody.
Prisoner. What he says is correct, except that it was the Bull's Head, in Smithfield, instead of the Black Bull. Witness. It might be the Bull's Head.
(The prisoner received an excellent character.)
NOT GUILTY .
MR. BRYARLY conducted the Prosecution.
THOMAS BARNES (City police-constable, No. 334.) On the evening of the 5th of Sept., about half-past eight o'clock, I was in Fleet-street, and saw the prisoners and another walking arm-in-arm up Fleet-street, towards Templebar—I saw Cavanagh leave the arm of Balcomb, and go between the prosecutor and the other two—the prosecutor was walking before them—Cavanagh went up, got in step with him, followed his step as he went, took the flap of his coat in his right hand, and put his left hand into the pocket—as he pulled it out he threw this pocket-book behind him, towards Balcomb and the other—I touched the prosecutor on the shoulder, and said, "Sir, your pocket has been picked"—he put his hand into his pocket, and said, "I have lost my pocket-book"—I kept hold of Cavanagh—he asked me to let him go—Balcomb escaped—this is the pocket-book.
Cross-examined by MR. PAYNE. Q. What time was this? A. About half-past eight o'clock, within a minute or two—Balcomb was not taken up till the next evening—another person was brought in custody at the same time—there were a number of people passing and repassing at the time this occurred.
Cross-examined by MR. DOANE. Q. You saw a third man in custody on this charge? A. I did—he was discharged at the station—I was on the opposite side of the road at the time I saw them coming down Fleet-street—I had seen them previous to that—Cavanagh left the other two, and got between them and the prosecutor—I was not behind the other two—I came up to Cavanagh at the time his hand was in the prosecutor's pocket—I am convinced Cavanagh is the person, I took him in the act—a woman gave me the pocketbook—she is not here.
Cross-examined by MR. PAYNE. Q. Where did you take him? In Fleet-street, near Salisbury-court—there was another with him, who was taken by a brother officer, and discharged at the station—I followed them down Fleet-street from Chancery-lane—there was no crowd—they were walking leisurely along.
THOMAS BARNES re-examined. I was sent for to the station, and saw Balcomb—I am quite sure he was one of Cavanagh's companions on this occasion—I had seen him with them previously, and noticed him because he was a fresh one—I had never seen him with these two before that evening—I have known Cavanagh a long time—the first time I saw Balcomb was soon after seven o'clock, coming from Temple-bar, on the opposite side—I got forward, opposite a private court by the confectioner's, where there is a very light window—I went and met them full in the face—they then returned in about half an hour, and I did the same on the opposite side, I was convinced I should know him again at a future time.
(Property produced and sworn to.)
MR. PAYNE called
WILLIAM DORAN . I am a journeyman at Messrs. John and Francis Lloyd's tobacco manufactory on Snow-hill, and live at No. 20, Lincoln-court, Drury-lane; Balcolmb lodges at Walter Palmer's, No. 9, in the same court.
On the Tuesday evening before he was taken, I met him sitting on the step of his landlord's door, about half-past six o'clock—I went with him and sat in doors, in his landlord's parlour, till half-past seven—I then left him, with the intention of his going up stairs to bed with his landlord—he complained of being very ill—I sat in the landlord's parlour, talking to the landlord, till half-past nine—I could see all the persons who passed in and out of the house as I sat there—Balcomb did not go out again while I remained there; I must have seen him if he had—not a soul came down during the time I was there—I then went home and went to bed.
MR. BRYARLY. Q. Were you in employ on this Tuesday? A. No; there was none for me—I have been out of work for these four weeks—since I worked for Messrs. Lloyd I have been at work for Mr. Curry, in Shoemaker-row—that is the last place I have worked at—I left about four weeks ago—Lloyd's was my first place—I worked there about nine years—I left them, I dare say, eight months ago, and about six weeks after went into Mr. Curry's employ—in the meantime I lived at home with my mother—I know the time I saw the prisoner, because, just before I met him, a policeman asked me to go and see what o'clock it was—I just turned my head into the public-house, in Great Wild-street, the Ben Jonson, I think, and it was half-past six—I sat with him in the landlord's parlour till somewhere about half-past seven, I cannot say to a minute—I noticed the time, and said to the landlord, "Is he going to bed already, half-past seven o'clock?"—he said, "Yes, Bill, I don't feel very well"—I know it was half-past seven by looking at the landlord's clock—I saw him go up with the landlord—he lodged in the two pair front—there is a passage leading out into the court; but the parlour door was open, and he could not well have passed without my knowing it—the outer door is generally locked, and you can always hear whether any one is going in or out—I do not know whether I should have particularly noticed if any one went in or out.
MR. PAYNE. Q. Who was the policeman that asked you to look at the clock? A. One of the F division; I know him by sight, but not by name.
WALTER PALMER . I am a coach-painter, and keep the house, No. 9, Lincoln-court, Drury-lane; Balcomb lodges in my house. On Tuesday, the 5th of Sept., I came home from work at seven o'clock—I work at Mr. Tyrrell's, in Long-acre—I found Balcomb and Doran in my parlour when I came home—Balcomb complained that he was very ill, and went up stairs to bed about ten minutes after I got home—I went up with him to the second floor front room, and remained there about five minutes, while he was getting into bed—tl saw him into bed—Doran was in the parlour when I went down again, and remained there till half-past nine—my parlour door was open, and I could see any one who came in or went out—Balcomb did not come down and go out between the time I left him in bed and half-past nine—I saw him at six o'clock next morning in his bed-room.
MR. BRYARLY. Q. How many does your family consist of? A. Only my wife—I have two lodgers besides Balcomb—they are out at work during the day, and generally return about eight o'clock—they have not latch-keys—the front door is alway open till ten o'clock—there is no lock to it, only a bolt—it stands wide open in the daytime, for the lodgers to pass in and out—they have rooms of their own, and there their friends visit them—I generally look to see who passes—as I sit at the door, I can always see them go in and out—it was dark at half-past seven, at this time; I had two candles on my mantel-piece—Balcomb could not have gone out without my noticing him, because I was sitting at the door after half-past nine, and there were some
friends sitting by the street door—I did not notice who they were—they were sitting along the railing—Balcomb is a tailor—I believe he was at work for two hours on the 4th of Sept.—I believe he was not at work on Tuesday—I cannot say whether he was at home, as I am out all day at work.
MR. PAYNE. Q. How do you know any thing about his going to work for two hours on Monday? A. Only by some of the lodgers saying so.
COURT. Q. Who slept in the front room with him? A. Two more young men, named Tully and Johnson—I do not know where they work—Tully, I think is a bricklayer's labourer; he comes home rather dirty, about half-past eight at night—I do not know what Johnson is—he came home about ten o'clock that night—Tully went to bed between nine and ten—he staid with me in the parlour till then—no one else is here who was in the house that night—my clock stands right opposite the window—it is one of those round, old fashioned, eight-day Dutch clocks, in a wooden case.
CAVANAGH— GUILTY . Aged 19— Transported for Ten Years.
BALCOMB— NOT GUILTY .
Before Edward Bullock, Esq.
2643. GEORGE HAYWARD was indicted for feloniously forging and uttering an acceptance to a bill of exchange for the payment of 200l., with ntent to defraud Pierre Francois and others.—Third and Fourth COUNTS, stating his intent to be to defraud Lewis Lloyd and others.—Other COUNTS, with intent to defraud Robert Paul and others.
MR. DOANE conducted the Prosecution.
PIERRE FRANCOIS . I am in partnership with Jules de la Cruez, and have carried on business in the leather trade, in Pinner's-court, Broad-street, since February or March—I first became acquainted with the prisoner, I believe it March; he was then living in Skinner-street, Bishopsgate—I do not know what business he was carrying on there—he told us he was in the shoe trade—I was induced to let him have leather from time to time down to June—on the 9th of July he was indebted to us above 210l.—I became rather anxious to get some money from him, and on the 9th I called on him at his private residence, in Upper Lisson-street, Lisson-grove, where his warehouse was at that time—I told him that I wanted the account—he gave me this bill and two or three others—before he gave it me, I saw him indorse it—this "George Hayward" at the back is his signature.
Cross-examined by MR. HUDDLESTON. Q. How long have you had dealings with the prisoner? A. About four or five months—he has paid us more than 100l., I believe, I do not exactly know how much—it is not 200l.—it may be 150l., I do not know—it was on a Sunday I went to obtain money for the goods—I asked him to endorse this bill—he did it at once—I did not ask him to get some other goods from other persons—I did not offer to recommend him to other persons; nothing of the sort—I asked him once to give me some of the goods he had in his warehouse, if he could not give me some money—his warehouse was shut—there was an officer of the county of Middlesex in it, I believe; he was in the room—I asked the prisoner to give me some goods or bills as security for the money he owed me—I do not know where he was to get the goods from—he had shown me some paper he had for packing, and he offered to give us some of it—I did not mention any other parties from whom he was to get goods, nor offer to give him any reference, or to allow him to refer to me—I said nothing of the sort—I have been in business eight months—I have no other partner than Mr. de la Cruez.
funds to meet it from the Commercial Bank of Scotland, or from George Munro.
Cross-examined. Q. I suppose you would not have paid this bill? A. If we had had advice of it we should—the acceptance states that advice would come through the Commercial Bank, but we looked elsewhere for it—if we had no advice from the Commercial Bank, or Mr. Munro, we should not pay it—if we had had advice from the Commercial Bank, we should have placed the bill to their account—the Commercial Bank would not be the losers if it is a forgery.
ALEXANDER KINGCAVE M'KENZIE . I am one of the principal clerks in the Commercial Bank of Scotland—Robert Paul is one of the partners—there are several others—we have no depositor of the name of George Munro, nor any assets to meet such a bill as this, nor any authority to give advice to Lloyds to pay it—I know no such person as George Munro.
— HAMBIDGE. I am clerk and agent to the prosecutors—the prisoner was taken into custody on the 26th of Aug.—when I made inquiries at Lloyd's, and found no assets, I was sent down to Scotland to make inquiries after George Munro, of Leopold-place—I could not find any such person there—I inquired at every house and on every flat, on the 1st and 2nd of September.
Cross-examined. Q. How long were you in Edinburgh? A. Five days—I did not go to the General Post Office, nor to any Commercial-rooms—I inquired whether there was any other Leopold-place.
MR. DOANE. Q. Could you find any other? A. No—I inquired at the district post-office, which is No. 1, Leopold-place."
GEORGE MUNRO . I was a pawnbroker, living at 14, Shrewsbury-street, Edinburgh; but have now retired from business—the acceptance to this bill is not my hand-writing, nor any part of it—I did not authorise any body to sign it for me—I never lived at Leopold-place—there is another George Munro, a grocer and spirit-dealer, who spells his name as I do—I have lived in Edinburgh about forty years—I do not know of any George Munro who spells his name as I do, except the gentleman who is now in court.
GEORGE MUNRO . I am a grocer and spirit-dealer. I live in Canal-street, Edinburgh, and have done so for twelve years—I do not know of any other person whose name is spelt like mine, except the last witness and his son—I never lived in Leopold-place—the acceptance to this bill is not my writing—I never authorised any one to put that signature for me—I know nothing at all about it.
HENRY COX HIPPESLEY JUSTINS . I am clerk to Mr. Hobler, the attorney for the prosecution. After the prisoner was taken before the Magistrate, I was sent down to Edinburgh to make inquiries respecting a George Munro, living in Leopold-place—I only found one Leopold-pace there—I inquired at the different houses, if a person named George Munro was there, or known to have been there; and no person of that name was ever known there, or was there at that time—I made very minute inquiries—I took down the names, residence, and occupation of every person in Leopold-place, and inquired particularly whether they had ever known such a person, and the uniform answer was, no—I put myself in communication with the authorities of the Post-office there.
Cross-examined. Q. Of the General Post-office? A. Yes.
JURY. Q. The houses are all let out in flats; you might inquire below, and the other inhabitants might not be known? A. I had the name of the occupant of every flat taken down at the time, with the number of years and months they had resided there; and I made particular inquiries whether
each of them knew a person of that name, and the uniform answer was, they did not—I inquired that in every flat.
Cross-examined. Q. Where did he take it from? A. From his pocket-book, with three others accepted by Thomas Reeves, Mr. Porter, and Mr. Beesley—I was to keep the bill till he furnished us with goods, or with some money—I was then to return it to him, if it was before it became due.
MR. DOANE. Q. What were you to do with it when it became due? A. If I had not found out it was a forgery, I should have taken it to Jones, Lloyd, and Co., to get the money for it.
(The bill was as follows:)—"London, 15th May, 1843.—Three months after date, pay to my order the sum of 200l. for value received. GEO. HAYWARD. To Mr. Geo. Munro, Leopold-place, Edinburgh.—Accepted; payable through the Commercial Bank of Scotland, at Messrs. Jones, Lloyd, and Co., bankers, Lothbury, London.—G. MUNRO."
GUILTY . Aged 33.— Transported for Fourteen Years.
Third Jury, before Edward Bullock, Esq.
2644. ELIZA BELGEE and WINIFRED CUMMINS were indicted for feloniously assaulting James Furze, on the 12th of Sept., and cutting and wounding him on his left arm, with intent to do him some grievous bodily harm.
JAMES DEACON LEECH . I am a slaughterman, and live in Bear and Staff-yard, Turnmill-street, Clerkenwell. On Tuesday, the 12th of Sept., I went with James Furze into Mrs. Murray's cook-shop in Turnmill-street, about twenty minutes past twelve, and sat down with him—the prisoners were there, sitting down at the same table—Belgee was sitting near Furze, and Cummins was sitting opposite him, by my left hand side—we had some soap first, and then some meat—when it was brought, Cummins asked met to give her some—I would not—she was going to take some—I told her if she took my victuals I would knock her down—she took up a knife and stabbed at me—I caught hold of her, and pushed her down—Furze went to take the knife from her, when Belgee took up a knife and made another attempt at me—Furze put his hand between us to push it away, and it cut his arm—Cummins came and cut at me again, and cut me just on the mouth—Furse ran out and fetched another butcher, who laid hold of one of the prisoners with her arms behind her—the prisoners were not sober.
Cross-examined by MR. HORRY. Q. You were going to knock the woman down because she touched your meat? A. I said so without meaning it—as soon as I said it, Cummins made the plunge at me—Belgee went to take Cummins's part when I got up to defend myself—I caught hold of Cummins's two wrists, and pushed her away—we were not joking just before—this was not meant in a joke—she looked as if she really meant what she did.
JAMES FURZE . I went into the cook-shop with Leech, and sat down at the table with him—I saw the prisoners there—Leech threatened to knock one of them down after she attempted to take the victuals out of his plate three times—as soon as he said the words, Belgee up with the knife and aimed at his side—Cummins ran directly with another knife, and went to make a stab at his chest—I ran to help him, to take the blow off, and it went into my arm—a butcher came and laid hold of one of them.
Cross-examined. Q. From which knife did you get the cut? A. Cummins's, as I was putting myself between Leech and her—I had no cut from Belgee's knife.
custody—I found Belgee detained by a butcher—she said she was sorry she had not done for the b—s—they were both drunk.
SARAH MURRAY . I keep a cook's shop in Turnmill-street. On the 12th of Sept. the prisoners were in my house, a quarter of an hour before the young men—when the butchers sat down to their dinner, the prisoners placed themselves by their side—they were quite drunk—the butchers were quite sober—Cummins took Leech's food out of his plate—he said he was very tired and hungry, and did not wish to be annoyed by her—she continued doing so—he said, if she did not leave off, he would knock her down, or something to that purport—Cummins then made use of a very bad expression, and gave Leech a blow on his side—she sat by his side—whether she stabbed him I do not know, but she had the knife in her hand—Belgee got up, and took another knife off the table, and Furze ran out of the shop—he came in again—there was a dreadful scuffle in getting the knives from them—as fast as they got them out of their hands they got others off the table, and when Belgee was making a blow at Leech, by some means Furze knocked the blow off, and I think it cut his arm.
THOMAS HILL . I am surgeon at the Royal Free Hospital. Furze was brought to me on Tuesday morning, the 12th—I found a wound on his arm, which appeared to have been inflicted by some sharp instrument—a knife would inflict a similar wound—it was not a dangerous cut—it was rather in an oblique direction.
MR. HORRY called
HENRY WRIGHT . I am a silverer of plate-glass, and live on Little Saffron-hill. I was passing the cook's shop in Turnmill-street, and saw a disturbance—I ran up, and saw Leech striking at Cummins several times—he put his foot behind her, struck her with his left hand, and she fell flat in the road opposite the house, like a person dead—the police came soon after.
COURT. Q. Did you see anybody else there? A. I saw Furze—I did not see Belgee—this was right opposite the door—I saw no knife—it was between twelve and one o'clock—I saw a third butcher turning some one out of the house—I know nothing of either party—I do not know Belgee's husband—not till he came to ask me to come here—I do not know how he found me out, unless he heard of me at Clerkenwell office—I went there to see Waddington, the gaoler, who knows me, and was speaking to him about this case—whether they got their information from him I do not know.
Belgee received a good character.
BELGEE— GUILTY . Aged 25.
CUMMINS— GUILTY . Aged 24.
Of an Assault.— Confined Twelve Months.
LEWIS REED . I am a labourer, and live at Stratford. On the 19th of Sept., about half-past four o'clock in the afternoon, I was working on board a corn ship in the West India Dock—the prisoner was there—I had some words with him, and struck him first—he struck me several times with a bushel-strike, which is a round wooden thing, about eighteen inches long, on the arm and shoulder—I came up to my work again about six—when I had left off work I came outside the dock, and saw the prisoner again—I took hold of his collar with my left hand violently, and said, "Are you in the same
temper now as you were inside?"—he said, "Let me alone"—I immediately let go of his collar—he went across from one side of the road to the other, and picked up a half brick from a clump of bricks—he threw it at me, and struck me on the head—I had ray cap on—it struck me on the cap, cut my head, and knocked me down—it made a wound in my head—I had a doctor.
Cross-examined by MR. HORRY. Q. Was not the prisoner down in the hold, measuring out the wheat? A. Yes—he used profane language to me, not fit to repeat—I jumped down into the hold—not on his fingers—we had a scuffle there—I jumped on the wheat—I did not hear Mr. Harris, the superintendent, threaten to give me into custody if I was not quiet—I heard him say something—I cannot swear he did not say so—when I went up to the prisoner outside the dock, I wanted him to fight me—he did not run away—he walked away when I let go of his collar—I did not walk across the road after him, or make any motion towards him—he did not throw the brick at me to prevent my coming after him—I swear that—I said nothing to provoke him after I let go of his collar.
WILLIAM FREDERICK HAMMOND . I am clerk to Messrs. Seward and Capel. I was passing along by the West India Docks on this occasion, and saw the prisoner and prosecutor scuffling together—the prosecutor put himself in a fighting attitude—the prisoner immediately ran towards a stack of bricks which were on the pathway, and took up a half brick—the prosecutor ran towards him, I suppose to prevent him—the prisoner threw the brick as the prosecutor was going towards him—the prosecutor then—I cannot say whether it was from the brick, or as he was running, but he fell with his face downwards—I went up to him afterwards, and found him wounded on the head—while he was on the ground the prisoner threw two pieces of brick, apparently with all his force, and hit him on the back part of the head—several of the party then closed round them, and took the ma away.
ROBERT PETERSON . I was on board the barge with the prisoner and prosecutor, and saw what happened, at four o'clock—I saw them at six, when they came out of the gates on leaving work—the prosecutor got hold of the prisoner, shook him, and dragged him across the road—the prisoner said, "Let me be, I don't want to have anything at all to do with you"—he wanted to get away from him—I went and got hold of the prosecutor, pulled him on one side, and wanted to keep peace between them—the prisoner stooped, got a piece of brick-bat, threw it at the prosecutor, and struck him with it—I had not hold of him at that time—I had separated them—the prosecutor was stooping to get a brick-bat, and said, "I can play at brick-bats as well as you"—the prosecutor fell when he was struck, and bled—the prisoner struck him again twice after he was down.
Cross-examined. Q. Were they both down? A. Yes, at one part of the scuffle.
CHARLES PRITCHARD . I am a surgeon, and live at Limehouse. On the evening of the 19th the prosecutor was brought to me—he was bleeding from two wounds at the back part of his head, apparently made by some blunt instrument—each wound was about an inch long—they were not deep or bad wounds—it might have been done by a brick or stone.
Cross-examined. Q. If he had fallen in running, with his head against a sharp pavement, would that have done it? A. It might have produced one wound, but I do not think it could have produced both.
NOT GUILTY .
MR. HUDDLESTON conducted the Prosecution.
HENRY CHARLES BARKER (police-sergeant.) On Saturday evening, the 26th of Aug., I was on duty at the station in Church-passage, Spitalfields—the prisoner came and asked for two officers named Trew and Bircham, and said he had been waiting for them all day, that Trew had been making an appointment with him to no purpose—I said, "For what purpose?"—he said he had got the man with counterfeit coin—I asked where the man was—he said, "He is now in Elder-street, and has got three pieces about him, which is quite sufficient to obtain his conviction"—he said, "You must do by me as Trew has done"—I said, "What is that?"—he said, "Bring me to the station-house, and let me go again"—I said, "What occasion is there to bring you to the station if every thing is correct?"—he said, "If I am not brought to the station-house, his friends will say that I have sold him"—I then said, "I don't like this; this is something like entrapping him, don't you call it so?"—he said, "Oh, if you don't like to do it, there are others that will, for I know more about these cases than you do"—I then told him to wait for a few moments—I went out, and when I came back he was gone—about twenty minutes afterwards Nicholls was brought in in custody of Martin and Jackson, two policemen, charged with having three shillings in his possession—suspecting him to be the boy the prisoner had alluded to, I gave the policemen instructions to fetch the prisoner—they brought him—I told him I should detain him—he said, "I hope not, for you know what I have done"—I then entered the charge against the prisoner and Nicholls—while doing so I heard a scuffle, and saw two officers struggling with the prisoner, who had his hand to his mouth—I heard something rattle against his teeth like pieces of coin, and saw him swallow something—he afterwards asked for some water—Nicholls was crying very bitterly, and said to the prisoner, "You know you gave me the money, and told me to wait in Elder-street"—the prisoner made no answer.
THOMAS NICHOLLS . I was seventeen years of age last month—I am a bricklayer, and live at No. 2, Baker's-court, Half Moon-street, Bishopsgate. I am sometimes in the habit of going to the Green Dragon, Bishopsgate-street—on Saturday night, the 26th of Aug., I was there for about a quarter of an hour—the prisoner came in, and sat on the tap-room table—two men came in—he asked them to stand a pint of beer, which they did—I went into the skittle-ground—the prisoner followed me, and asked me to take a walk—I said I did not mind—he took me up to Elder-street, and said, "There is three shillings, put them in your pocket till I come back"—I put them into my pocket—I afterwards looked at them, and found they were bad—I waited about a quarter of an hour, and then went back to the Green Dragon—in about ten minutes the prisoner came in, and said, "Come out and buy some tobacco"—I said, "I shan't, the money is bad"—he said, "Nonsense"—I went out—he took me to Union-street, and two officers came over to me—they took the three shillings out of my waistcoat pocket which the prisoner had given me, and took me into custody—they took me to the station, and afterwards brought the prisoner there too.
Prisoner. Q. When you found this money was bad why not return it to me? A. I was going to give it to you outside the door, and you said, "Nonsense, come and buy some tobacco"—they were new shillings—I cannot tell what print was on them—I did not take particular notice.
THOMAS MALIN (policeman.) About half-past nine o'clock, on Saturday night, the 26th of August, I saw the prisoner—he told me he could give me information about a burglary that was going to be committed—he afterwards said he knew where there was a man that had got three pieces of coin on him, by Elder-street—I and Jackson went with him, and he told Jackson the same story, in my presence—as we went along, he said the three pieces were in his waistcoat pocket—I went to Elder-street, and then left the prisoner, Jackson, and another constable, going towards the Green Dragon—the prisoner said he was going round Shoreditch and Union-street, to find the man—I returned to the station—I afterwards went down another street, into Union-street, and there met the prisoner and Nicholls at the corner, momentarily—I had not seen them at all till I met them plump at my breast—they came up Union-street—Jackson came up momentarily—I tapped Nicholls on the shoulder—I was surprised to see a boy, as the prisoner had told me the person who had got the money was a man who had been tried and convicted here, and on that account I took another constable with me—I was in plain clothes—I told Nicholls I was a policeman, and asked how he came by the bad money—he made a reply, but the prisoner had walked a few yards off, and I do not think heard it—I took Nicholls to the station—I was afterwards sent to apprehend the prisoner, which I did a few minutes afterwards, and brought him to the station—I there heard something like money jink against his teeth, as if he was trying to chump it, to break it in pieces with his teeth—I seized him by the throat, and called for assistance, but five of us could not prevent him swallowing what he did—he then fell on his knees, and begged for water.
Prisoner. Q. When you took Nicholls did you ask if he had any money about him? A. Yes—he said he had none at all—I said I suspected he had bad money about him—he said he had none of any sort—it was about half-past nine o'clock when you came to me in the station, and I went with you in the course of five minutes to Elder-street.
ROBERT BRELSFORD . I live at No. 3, Crown-court, Pearl-street, Spital-fields, and am a porter in Spitalfields market. I was at the market between two and three o'clock in the afternoon, and met the prisoner—he asked me to go somewhere to drink with him—we went to a public-house, and had a pint of porter, which he paid for—we went out, and afterwards had another pint—he then showed me three bad shillings, and asked if I knew where they came from—I said I did not—he said they came from Leather-lane—I can swear they were bad ones—I had them close to my eyes—they looked dark—he said they were bad.
Prisoner. I never saw that man at all that day, and at the time they say they saw me, I have a respectable person to swear I was in bed. Witness. I am sure he is the man—I have known him about two years.
FRANCIS ATTERBURY . I am a shoemaker, and live in Bull-court, Bishops-gate. On Saturday evening, the 20th of August, about twenty minutes to nine o'clock, I was at the Green Dragon, and saw the prisoner there, sitting on the table—he called me to him, and asked me to treat him to a pint of porter—I said I would treat any man—he said, "I have just been acquitted from Bow-street on a charge of forgery"—I said, "Indeed!"—he said, "I expect to be taken presently on a charge of burglary"—I said, "I am very sorry to hear that"—he put his hand to his side, pulled out a lump of mud, and said, "Here is some shofill "which I understood meant bad money—he said, "This will do, if I get detected, to chuck into the road, and they won't see it"—he had some more money in his other hand—I saw two shillings which I can swear were bad, but there were more than two, besides what was in the mud.
Prisoner. Q. How can you tell they were bad? A. Because I saw them quite close—I am sure they were shillings—I cannot say how many, but I saw two, and there were some underneath.
— JACKSON (policeman.) I produce the three shillings, which I took from Nicholls's left-hand waistcoat pocket.
Prisoner's Defence. All they have sworn is false; I never had a farthing of bad money in ray possession; the policeman has known me eleven years about Spitalfields market as a porter; do you think I could swallow money while three or four policemen were holding me by the throat?
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Nine Months.
NEW COURT.—Tuesday, September 19th, 1843.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined One Month.
2648. JANE TAYLOR was indicted for stealing 1 gown, value 8s.; 16 yards of cotton, 10s.; 1 yard of calico, 6d.; 1 veil, 1s.; 2 pairs of earrings, 10s.; 1 locket, 4s.; 3 brooches, 3s.; 3 necklaces, 3s.; 1 pencil case, 1s.; 1 chain, 1s.; 1 brush, 6d.; and 1 shilling, the property of Eliza Brown, her mistress:—also 1 bonnet, 5s.; 1 shawl, 1l.; 1 scarf, 5s.; 2 pairs of drawers, 2s.; 1 pair of mittens, 1s.; 3 brushes, 3s.; 2 combs, 1s.; 2 half-crowns, and 1 shilling; the property of Louisa Matthews; to both of which she pleaded
GUILTY . Aged 20.— Transported for Seven Years.
2649. JOHN HINSON was indicted for stealing, on the 28th of August, 9 oz. weight of tobacco, value 1s. 4d.; and 3lbs. weight of coffee, 2s. 6d.; the goods of David Lawrence Stevens, in a vessel in a port of entry and discharge.
MR. PRENDERGAST conducted the Prosecution.
DAVID LAWRENCE STEVENS . I am commander of the Martha Washington, which laid in Union-dock, Poplar—she had brought from America some tobacco, and other things—the prisoner was the steward—on the 28th of August I saw Low on the deck—he came on shore about five o'clock in the afternoon—after passing me I observed something under his arm, and ordered the mate to lay hold of him—I followed, and took from under his arm 3lbs. of coffee—he was given into custody—he said he bought it of the steward—I fetched the prisoner and the cook on shore—the prisoner was entrusted with coffee of the same description and quality as this, for the use of the vessel—it was in a raw state—this seems to be quite of the same description and growth—the prisoner had no coffee of his own—he said he had neither tobacco or coffee—Williams delivered me some tobacco, which was of the same quality as that in the stores—the ship was laden with tobacco and hemp—this was leaf tobacco, not manufactured.
JURY. Q. Was the tobacco the same as if he had smuggled it? A. Yes, and the coffee too.
JAMES FINNEY GREEN . I am mate of the Martha Washington. I took Low to the gate-keeper's lodge—I took the coffee from under his coat and passed it to the captain—there was some tobacco handed to the captain by
Williams—I have compared that and the coffee with the ship's stores—I should have no hesitation in saying that they were the same—tobacco is often smuggled, but coffee not so often.
THOMAS CANNON . I am a caulker, working in Union-dock—I was at work on board the Martha Washington—the prisoner asked if I wanted to purchase any tobacco—he said it was negro-head—I did not use it myself—I went on shore and told Low, my work-mate.
WILLIAM WILLIAMS . I am a caulker—Low works with me and Cannon——on this day Low called me to go on board the ship between four and five o'clock—I went on board with Low—I gave him 5s. to purchase some tobacco, and saw the prisoner give Low the handkerchief with some coffee in it—the prisoner said he had not got tobacco enough to make up, and he would make it up in coffee—I had the tobacco in my hand when I was sent for—the captain took it out of my hand—the prisoner had given it to me.
Prisoner. Q. Did you see me bring it from any where? A. I saw you fetch it out of the cabin.
SAMUEL LOW . I was in custody on this charge—from information that received from, Cannon, I went on board this ship to buy some tobacco—I went forward to where the prisoner was cooking, and asked if he had any negro-head tobacco to sell—he said yes, he had—I asked what quantity—he said, between six and seven pounds—I asked what he asked for it—he asked what I would give him—I said that was not the way to trade—after that he said, "I will have it ready by four o'clock"—we went on board at four—he had not got it ready—about half-past four he said I should have it—we went on board again at half-past four—he had got it ready, but there was not near so much as he told me—he said he would make it up in coffee—I gave him 2 half-crowns—Williams gave him a handkerchief—he took it aft, and brought the coffee in it and gave it me.
JURY. Q. Had the vessel discharged her cargo? A. Yes.
Prisoner's Defence. I was searched immediately, and no money found on me; I did not give Low any coffee, nor did he give me any money.
GUILTY . Aged 30.— Confined Four Months.
JAMES WILLIS . I have been in the habit of visiting the prisoner's house, in consequence of knowing a person there—I borrowed 5s. of the prisoner, and left him my watch as security—I got it of him on the 1st of Sept.—he said he was going to Thames-street after a situation—I said, "I will go with you"—when we got there we passed up a lane—we went to the Strand—he took me to a house—there were women there—he left the house, and came into the room while I was sitting in a chair there—I had a half-sovereign and a shilling in my pocket, which I had pawned my watch for in the morning—he stood before me—he pushed his right hand into my left-hand waistcoat pocket—I said, "What do you want?"—he said, "A shilling"—I said, "Stop a minute"—I felt for the shilling, and missed my half-sovereign—I took out the shilling, and gave it him—I said, "Give me my half-sovereign"—he said, "I have not got it"—I said, "You have"—we stood parleying for a minute—then he left the room—he came back in five or ten minutes, and I accused him of stealing the half-sovereign—he said I was a liar, for he had nothing of the kind.
Cross-examined by MR. CROUCH. Q. What are you? A. A private teacher. The watch belonged to a friend named Dixon, and I was responsible for it—I pledged it the same day that I paid the prisoner—I was with him from twelve o'clock in the day till ten—I might have been in two or three
houses in the course of the afternoon—I had drank very little—I had to pay for a quartern of port wine, 6d. worth of gin, and a pot of stout—some females, whom the prisoner had picked up, drank part of it—the women came in after—I did not walk with the women from the public-house—no one was in the room with me—I did not retire into any other room—I was not very drunk—I was capable of taking care of myself—I walked home with the prisoner—I did not tumble down stairs—when I went out of the house with the prisoner I was talking about the half-sovereign—the prisoner was not standing speaking to a policeman—I came out and followed him—the policeman asked what was the matter—I said, "This man has taken a half-sovereign"—I have not sent to the prisoner or his wife, asking for money—I did not make any overtures—I gave them a receipt—I have not received any money of him, or on his behalf, nor for this affair—I know Jackson and Smith—I did not send Smith with a message to the prisoner—he did not pay me any money—I have seen a man named Hadlow—I do not know whether he wrote any receipt.
COURT. Q. Where did you get this money? A. I pawned my watch for a guinea—this is the duplicate of my watch.
WALTER BOND . I live in Everett-place, Commercial-road. About ten o'clock in the evening, on the 1st of Sept, the prisoner came in for half an ounce of tobacco—he laid down half a sovereign, and I gave him change.
GEORGE HAILES (police-constable K 54.) Bric took the prisoner—I was at the station when the prisoner was brought in—he said he had no more money than that Brice took from him, which was 10 1/2 d.—I got the key to put him into the cell—he put down his cap—I took it up, and found four shillings and two sixpences in it—he did not say anything.
Cross-examined. Q. Was the prosecutor there? A. Yes—he was rather fresh, but quite capable of knowing what he was about—he was the most sober of the two.
AUGUSTINE BRICE (police-constable K 114.) At a quarter past ten o'clock, on the 1st of Sept., I was called to Hungerford-street—I saw the prosecutor accusing the prisoner of stealing a half-sovereign—I asked what was the matter—he said the prisoner had stolen a half-sovereign from him—he said he caught his hand in his left-hand pocket—the prisoner said he had done no such thing, the girls must have taken it from him in the street—in going to the station he said, "I will show you I have not the half-sovereign"—he pulled out 10 1/2 d., and said that was all the money he had about him, which Willis had lent him 1s. for—I took him to the station, but I found no more.
MR. CROUCH called
JOHN HADLOW . I know the prosecutor and prisoner—on the morning of the 9th of Sept. a Mr. Jackson called and told me something—I saw the prosecutor receive a sovereign in the Horse and Groom, near Lambeth-street station, in part of five—he was to receive the other four on the Monday.
THOMAS VIRGO . I am a shoemaker. I supplied the prisoner's wife with a pair of shoes on the Tuesday night, and on the Wednesday morning she paid me for them—I gave her in change a half-sovereign, two shillings, and three sixpences—I believe it was the same morning this happened.
SAMUEL CRABB . I lodge at the prisoner's. On the morning he was taken I saw the prisoner clean himself—about twelve o'clock he gave me 15s. to pay for a chaldron of coke—I said, "Shall I go and order the coke?"—he said, "Yes"—then he altered his mind, and gave me two half-crowns—he took the half-sovereign from me, and told me he had ordered the coke himself.
GUILTY . Aged 24.— Confined Six Months.
2651. ALICE FOSTER, GEORGE FOSTER , and DIANA FOSTER , were indicted for stealing, on the 15th of Aug., 9 yards of woollen cloth, value 7l.; the goods of Henry Bodman, the master of Alice Foster, in his dwelling-house; to which
ALICE FOSTER pleaded GUILTY . Aged 19.— Confined Nine Months.
HENRY BODMAN . I am a tailor, and live in the Strand, in the parish of St. Clement Danes—Alice Foster was in my service. A little before eight o'clock, on the 15th of Aug., I missed a piece of cloth off the shelf—I stationed myself to watch, about ten the same evening, where nothing could be carried off without my knowing it—I saw George and Diana Foster standing over the area grating—in a few minutes I saw Alice deliver the cloth up to Diana through the railings, and George was standing close to her—I followed them across the Strand—when in Southampton-street, Diana gave the cloth to George Foster—I called an officer—this is my cloth.
WILLIAM CURREY (police-constable L 50.) I was called, and saw George Foster with the cloth under his arm—I took it, and asked how he came by it—he said he did not know anything about it—I took him to the station, and there he said he was led into the secret.
George Foster. I said I had no guilty knowledge of it. Witness. You said you knew nothing of it.
GEORGE FOSTER— GUILTY . Aged 58.— Transported for Ten Years.
DIANA FOSTER— GUILTY . Aged 13.— Confined One Month.
AMELIA FOSTER pleaded GUILTY . Aged 24.— Confined Nine Months.
WILLIAM POCOCK (police-constable F 81.) On the 15th of Aug. I went to Phœnix-street, Soho, the lodging of George Foster—I found a tin box there—I asked if he had got the key of it—he said the key was at home—(he was at the station at the time)—I broke it open—it contained thirty-four duplicates—one of them was for these books.
GEORGE FOSTER— NOT GUILTY ,
2653. GEORGE FOSTER was again indicted for stealing, on the 7th of May, 2 printed books, value 6s.; 3 shirt-studs, 12s.; the goods of Henry Bodman; and 1 shirt, 7s.; the goods of George William Arnutstead.
HENRY BODMAN . I have lost two books, three shirt-studs, and a shirt belonging to George William Arnutstead, who lodges at my house—these are them—these shirt-studs were taken out of a box where other jewellery was kept—I do not know of the prisoner's being near the house.
NOT GUILTY .
men at work over the way told me something—I went after the prisoner—he gave me the ticket of the shovel, and ran away—I went to the pawn-broker's, and found the shovel.
Cross-examined by MR. PAYNE. Q. Where did you find him? A. In a beer-shop, about a mile and half from where this property was stolen—he had been employed on the same premises about a fortnight.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined One Month.
2655. JOSEPH GREEN was indicted for stealing, on the 8th of Sept., 4 pairs of reins, value 2l., the goods of William James Chaplin; and 1 pair of reins, 8s., the goods of Benjamin Worthy Home and another.
JOHN OWEN (City police-constable, No. 452.) I saw the prisoner walking up Milk-street, about twenty minutes after three o'clock in the morning, on the 8th of Sept., and found these five pairs of reins on him.
Prisoner's Defence. I found them just after three o'clock in the morning, at the end of the new buildings; I was not aware that they were stolen.
GUILTY . Aged 47.— Confined Three Months.
WILLIAM MATON . I am a book-binder, and live in James-street, Wenlock-road. On the 18th of August I was at the Golden Lion, Smith field—I had been up all night—the prisoner was sitting by my side—I had seen my watch safe just before I went to sleep, between seven and eight o'clock in the morning—it had stopped, because I had not wound it up—this is it—she had not been with me all the night.
Prisoner. I hope you will have mercy on me.
(The prisoner received a good character.)
GUILTY. Aged 20.— Judgment Respited.
2657. JOHN MAHONY was indicted for stealing, on the 28th of Aug., 2 rules, value 2s. 6d.; 2 trowels, 3s. 6d.; 1 hammer, 1s. 6d.; 6 pointing tools, 6s.; 1 pair of compasses, 1s.; and 1 brush, 4d.; the goods of George Illingworth.
GEORGE ILLINGWORTH . I am a plasterer, and live in Stafford-place, Edgeware-road. I was working in Elstree-street on the 28th of Aug.—I left to go to dinner—when I came back these things were all gone—these now produced are them.
searched—he took something out of his pocket, and concealed it—I took his hand, and found these seven duplicates in it.
Prisoner's Defence. I met a man named Joseph Mahony; he handed these things to pawn; I gave him the money, and when the policeman took me this man was with me.
MARY JERVIS . About seven o'clock in the evening of the 28th of August I was at Mr. Taylor's, at the White Hart, Baldwin's-gardens—a young man came in with a brush, and some other tools—he asked the prisoner to go and pawn them—the prisoner was intoxicated, the other man was not—they had a pot of beer, which they drank in front of the bar—they might have staid there half an hour.
(The prisoner received a good character.)
GUILTY . Aged 35.— Confined Three Months.
NEW COURT.—Wednesday, September 20th, 1843.
Sixth Jury, before Mr. Common Sergeant.
2658. EDWARD RUGLAS was indicted for stealing, on the 5th of Sept., 1 pair of trowsers, value 6s.; and 1 shirt, 2s.; the goods of William Roberts: also, on the 4th of Sept., 1 yard and 5-8ths of woollen cloth, 1l. 7s.; the goods of John Hose: to both of which he pleaded
GUILTY . Aged 28.— Confined Six Months.
GUILTY. Aged 16.— Confined Three Months.
GUILTY .** Aged 35.— Confined Eighteen Months.
2661. BENJAMIN PERRY was indicted for stealing, on the 11th of Sept., 13oz. weight of bacon, value 6d.; 2 eggs, 2d.; and 1/2 lb. weight of veal, 4d.; the goods of Anna Maria Thomas; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 19.— Confined One Year.
GUILTY .— Confined Nine Months.
NOT GUILTY .
WILLIAM BROWN . I am a linen-draper, and live in the Minories. On the 29th of August the prisoner came and asked to look at some silk handkerchiefs—I showed him six pieces—after pulling them about a great deal, he wished to see some better—I afterwards missed two pieces out of the six, and charged him with stealing one—he said, "Here are your handkerchiefs," picking them off the floor—I jumped on the counter, and saw the piece between his legs—I
then missed this other blue piece, which dropped from under his coat—he was about a yard from the counter when they dropped from him—he was not tipsy, but pretended to be so—there was nobody else in the shop.
Prisoner. Q. Will you swear I was one yard from the counter? A. Yes.
Prisoner. This blue one was only booked against me. Witness. Yes; the day the depositions were made out, both the pieces of handkerchief were produced.
Prisoner's Defence. On this day I went to a public-house, and drank till I did not know where I was, till I was in prison.
GUILTY . Aged 21.—
JOSEPH PASFIELD . I am a linen-draper, and live in the Minories—on the 30th of Aug. the policeman came to my shop—I missed these five handkerchiefs—the prisoner had been in my shop on the 29th, and bought one handkerchief, but not one of these five—they are mine.
Cross-examined by MR. PRENDERGAST. Q. Can you swear to them? A. Yes, here are mildew marks on them—they were kept in a box—this one was mildewed when I bought it—it has been hemmed round—I did not hem it—I swear to this other handkerchief by the pattern—I have no other of this pattern.
COURT. Q. Was a box containing these or similar handkerchiefs placed before the prisoner, and do these correspond with them? A. I believe these to be some of them—I can swear to this coloured one.
GEORGE EDIS EVANS . I am turnkey at Giltspur-street prison—the prisoner was brought to me; I began to search him, he took off his coat tnd waistcoat, and had this belt round him, on loosening it these six handkerchiefs fell down with the belt.
Cross-examined. Q. How came you to search him? A. It is the jail regulation—I did not say anything to him when I picked them up—he had been drinking, I could easily perceive.
GUILTY . Aged 21.— Confined One Year.
JAMES BIGGS . About one o'clock in the morning of the 31st of Aug., I was in Gray's Inn-road; the prisoner accosted me and asked me if I would treat her with beer—we went a few yards to a public-house and could not get in—we passed on a few yards further, she called my attention to the opposite side of the way, and said, "Who is that ran by?"—I said, "I see no one"—she put her hand into my pocket and took out 8s. 6d., wrapped in a piece of rag—I took it from her and called a gentleman who was going by, to see it, and there was 8s. 6d.—it was mine.
Prisoner's Defence. He took me down a court and took liberties with me; this dropped from his trowsers, I took it up and gave it him, then he dragged me up the street and called Mr. Keylin.
GUILTY . Aged 30.— Confined Six Months.
EDWARD FOWLES . I am shopman to John Wills, of Oxford-street. On the 26th of Aug., the prisoner and another came to the door, the other took twenty-four pairs of stockings from inside the door and gave them to the prisoner—I ran and stopped him—the other got away—these are the stockings—the prisoner dropped them.
Prisoner. I deny having them or touching them; they fell near me in the street. Witness. I am quite sure he had them; I never lost sight of him.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Three Months.
ISIDORE SHERWINSKI . About twelve o'clock on the 11th of Sept., I was coming from Smithfield to Farringdon-street—a gentleman behind me said something—I saw the prisoner running to the corner of a court—he dropped my handkerchief—it was given to me and was mine.
Prisoner's Defence. I saw two boys throw it down, and I took it up; I feared I might get into trouble, and threw it down again.
GUILTY . †Aged 19.— Confined Nine Months.
2669. ALFRED WILLIAMS and WILLIAM CHURCH were indicted for stealing, on the 5th of September, 2 handkerchiefs, value 1s. 6d.; 2 shillings, and 3 sixpences, the property of John Davey, from his person; and that Williams had been before convicted of felony.
JOHN DAVEY . I live in Ironmonger-row, St. Luke's. About twelve o'clock at night, on the 4th of September, I was in the Waterloo coffee-shop, having a cup of coffee—Church was there—Williams came in soon after—I sat down and fell asleep—I had two shillings, three sixpences, and a silk handkerchief in my pocket, and a handkerchief round my neck—in about two hours I awoke and found my pockets turned inside out, both my handkerchiefs and my money gone—these are my handkerchiefs.
JAMES CAFFRY (police-constable N 153.) I was sent for to the coffee-house, and saw the prisoners—the prosecutor said he was robbed, and Williams was given in charge—as I was taking him he said he did not wish to go without Church—I went back and asked Church if he had any thing about him—he said he had not—I was told that Church had been sitting by the prosecutor—I I went to search, and these two handkerchiefs were fastened with a pin under the seat where Church had been sitting—I then asked Church if he had any money, he said no, that he was assistant waiter inthe house—I found one shilling in his fob, and the other shilling and two sixpences in his stockings—the prosecutor said one of the sixpences was a Queen Victoria, and this is one.
Williams's Defence. He asked me to have a cup of coffee; I sat there three quarters of an hour; I went to sleep, and Church was down under the table; I said, "What are you doing?" he asked me to come out and take a walk;
he offered me a shilling; I said, "No, put it in his pocket again, or I-will;" he said he had 3s. 6d.; I gave him the shilling back; he began to swear at me; I returned and tried to awake Davey, and kept shoving him; I never had my hand in his pocket.
Church's Defence. Williams came in with Davey; he said he had got 3s. 6d. in his pocket; we went to a cook's shop and bought a pork bone; we came back, and Williams kept dodging me; then the prosecutor went to sleep; Williams put his hand into his pocket and took out the handkerchief and 3s. 6d.; he said, "You mind this for me; we will go and have some breakfast in the morning;" I was not sitting near him.
WILLIAMS— GUILTY . Aged 18.
CHURCH— GUILTY . Aged 19.
Confined Nine Months.
Confined Six Months.
WILLIAM HOLYMAN . I am a mathematical instrument maker—the prisoner was my apprentice—I missed some brass and a knife—I made a hole in the coal-hole to see what was going on—I went for an officer, and a knife and key were found on the prisoner—I tried the key to the lock of a box at one of the benches where the brass was kept—I am sure it is mine—I had locked it up to keep it out of the prisoner's reach.
Cross-examined by MR. PAYNE. Q. How long had he been with you? A. Three years—I had 20l. premium with him—his father is a respectable man.
WILLIAM SERGEANT. I looked through this hole and saw the prisoner breaking up some brass—he then cut it and put it in a paper—he unlocked something which appeared to be the box in which the brass was kept—the brass was found in a handkerchief in the shed—I saw him go and deposit it in the shed.
Cross-examined. Q. How far were you from him? A. About three yards—I could not see him at any box—there was nothing he could open in the shop but the box—I was ten or twelve feet from the box, but all was perfectly silent—I saw him go from the box to the other end of the shop.
COURT. Q. Did you point out to the policeman where the prisoner had been? A. Yes, and the brass was found there.
COLIN M'KENZIE (police-constable K 371.) I took the prisoner, and saw the prosecutor take the brass from a corner in the shed, and he gave it to me—this knife and key were found on the prisoner, which fitted to the box.
(The prisoner received a good character.)
GUILTY . †Aged 17.— Confined Six Months.
GUILTY . Aged 15.— Confined Three Months.
MR. BODKIN declined the prosecution.
NOT GUILTY .
HARRIET VERNON. I am the wife of William Vernon, and live in Northumberland-alley,
Fenchurch-street. The prisoner lodged with me—on Thursday morning, the 20th of April, I received some information—he went out about six o'clock, and returned about eight—I asked what he had taken out belonging to me—he said, "Nothing"—I said he had—he turned very pale, and his lips quivered very much, and he said he had taken nothing belonging to me, it was his great coat—I went up stairs, and missed my carpet, which had been rolled up in one corner of the room with a cord round it—next morning I spoke to the prisoner, and he went out.
Cross-examined by MR. CLARKSON. Q. Did he remain at your house? A. He slept there that night—I preferred this charge last Saturday week.
COURT. Q. How was it you did not prefer it before? A. My husband did not intend to give himself any trouble about it.
NOT GUILTY .
LUCY MITCHELL . I am the wife of George Mitchell, and live in Grosvenor-place, Pimlico. On the 29th of Aug. I missed a picture and frame—I went out, and saw the prisoner running with it—I am sure he is the man—he was taken, and threw it down.
Prisoner's Defence. I was going up Grosvenor-place; I ran after a horse; Lynch saw me, and called "Stop thief;" I waited; he collared me, and said he thought I had something about me, but I had not.
GUILTY . Aged 17.— Transported for Seven Years.
2675. ALEXANDER BRANDS was indicted for stealing, on the 2nd of Sept., 1 pair of trowsers, value 10s., the goods of Andrew Crocket; and 1 pair of stockings, 1s. 6d., the goods of Nathaniel Primrose, in a vessel on the navigable river Thames.
ANDREW CROCKET . I am master of the brig Dove—she was lying at Wapping. On the 2nd of Sept. I gave the prisoner some trowsers to clean—he left the vessel without leave—I missed a pair of blue cloth trowsen—I have not found them.
WILLIAM JUDGE (Thames police-inspector.) I followed the prisoner in a boat—I asked what he had done with the trowsers—he said, "You may come on board the vessel," and I went there with him—he said that was his chest, there were no trowsers there—I took him into the cabin, and the mate said these stockings on his legs were his.
Prisoner. The stockings are mine.
GUILTY . Aged 21.— Confined Three Months.
2676. HENRY REID was indicted for stealing, on the 1st of Sept., 1 chaise covering, value 5s., the goods of William Smee.—2nd COUNT., calling it 12 yards of linen, 5s.; and that he had been before convicted of felony.
MARY JENKINS . I am housemaid to Mr. William Smee. On Friday morning, the 1st of Sept., I was standing at our bed-room window, and I saw the prisoner standing outside our yard gate—a little time after I was looking out of the window, and saw him going away with a bundle under his arm—I asked what he had been taking—he said, "Nothing at all"—I gave an alarm, and he ran up the road—I saw him drop this chaise-cover—it is my master's.
Prisoner's Defence. I was going into the country, saw this on the chaise, and took it.
GUILTY . Aged 18.— Transported for Seven Years.
2677. ALFRED EATON, JOHN BARRY , and THOMAS HOCKADAY were indicted for stealing, on the 5th of Sept, 3 half-crowns, the monies of Alexander Cathie: and that Hockaday had been before convicted of felony.
ALEXANDER CATHIE . I am a baker, and live in Plummer-street, City-road. About four o'eloek in the afternoon of the 6th of Sept., I went across the street to speak to a neighbour—my attention was called to my shop—I saw the three prisoners together—they separated—Barry passed to the other side of the road—Hockaday stood in front of my window—I went across—Hockaday tapped at the window—I went in, and Eaton was standing in front of the counter in the shop—before I crossed I heard Barry call out something—I asked Eaton what he wanted—he said, "A halfpenny loaf"—I walked round and gave him one—he then asked if I had not a crusty one—I said, "No, be off"—I went to the till, and missed three half-crowns, which I had seen safe about two minutes before—no one else had been in the shop—I walked to the door, and saw the three prisoners eighty or a hundred yards off handing something from one to another—I then stood at the sill of the door, and when I saw which way they went, I ran through a court, and saw them together—I laid hold of Eaton, and the other two ran away—Eaton threw something on the ground, what I cannot say—I pursued the other two, but could not take them—there was a crowd, and when I got back to my shop they were in custody—two half-crowns were found on Hockaday in my presence.
JOHN CATTRILL . About four o'clock on this day I was talking to the prosecutor, and saw Eaton in the shop—Hockaday was at the window, and Barry on my side of the way—I told the prosecutor—he went over, and there was a chase—I followed the prosecutor, and he took Eaton—I took charge of him while the prosecutor went after the others—Eaton threw down a penny and a knife.
Hockaday's Defence. It was my own money; I saw the persons running, and the gentleman took me.
EATON— GUILTY . Aged 15.— Confined Three Months.
† BARRY— GUILTY . Aged 18.
HOCKADAY— GUILTY . Aged 18.
Transported for Seven Years.
Cross-examined by MR. BALLANTINE. Q. You know these? A. Yes, by the case being broken at the bottom.
PHCEBE GERSHON . I live with my father, who keeps a broker's shop—at half-past five o'clock, on the 5th of September, I was standing with my sister at the door—I saw some boys at the door, and when they were gone I missed these razors and case from a dish on the table.
Cross-examined by MR. PAYNE. Q. Could they be taken without coming into the shop? A. Yes.
JAMES HAMS (police-constable K 248.) I took these razors and case out of Neal's pocket, at half-past five o'clock—M'Carthy was with him, and they were both running from the shop—there were eight persons together—they went to the shop and stood round for several minutes—I went and asked if had lost any thing.
Cross-examined by MR. PAYNE. Q. You stopped four others, searched them, and let them go? A. Yes, and then I ran after these—M'Carthy said, "I have not taken them, you may search me," and opened his shirt—when I found them on Neal, he said, "I told him not to take them."
(The prisoners received a good character.)
NEAL— GUILTY. Aged 14.—Recommended to mercy. — Confined Seven Days and Whipped.
M'CARTHY— NOT GUILTY .
JOHN GOULD, JUN . I live with my father, John Gould, in Leader-street, Chelsea. From information I received on the 22nd of Aug., I ran after the prisoner—I caught him—some boots were produced, which were my father's, and bad been hanging inside the door-post—I had seen them safe a quarter of an hour before.
ROBERT TAYLOR . About four o'clock, on the 22nd of Aug., I was standing at my door opposite the prosecutor's—I saw the prisoner and another one together, leaning on the frame of the window—the prisoner went away—the other one beckoned to him—he went and took the boots down from a nail—they both ran away—I cried, "Stop thief."
Prisoner. Q. Did not the other take them down? A. No; I spoke to my wife before I hallooed, "Stop thief."
Prisoner. Q. Where were you when I threw them over? A. Standing by Mr. Gould's door—the garden is in the same street where I was standing—he threw them as he turned the corner—I have never been convicted of felony—I never was in the court before, or in prison.
Prisoner. I was in prison at the same time as James; he is as likely to take a pair of boots as I am.
GUILTY . Aged 22.— Transported for Ten Years.
CATHARINE HAYWOOD . I am a widow, and keep a tobacconist's shop, in York-square, St. Pancras. On the evening of the 4th of Sept., I went out and left my shop door open—my shop had been shut up from nine o'clock—I turned when I got across the street, and saw a shadow—I turned back and saw the prisoner coming from behind my counter—I stepped back into the road till he came to the door—he had his pockets full—I said, "Halloo, what brings you here?"—he said, "I want a farthing pipe"—he went in—I turned and served him; he paid me—I put my hand to the cigar box, and he ran out like the wind—I missed some cigars, and ran after him—a person said, "It is no use your running after him, he is gone"—I said, "Never mind, I know him"—he was taken next day—no cigars have been found, except one, which was dropped in the shop—no one else was in the shop or could have taken it but him.
Cross-examined by MR. PAYNE. Q. When he ran, did you run? A. No; when I saw the shadow I had not gone more than six or seven yards—no one was in the house but my mother—I am quite sure the prisoner is the man—I could see his face as plain as I can now—he was dressed as he is now—he had a black hat on—I had seen and spoken to him before—I was very much frightened—I am certain he is the man—nobody else could have got into the shop between my going out and his being in—the gas was alight in the shop—the doors were open.
MR. WILLIAM WADHAM COPE . This is Mr. Rawlinton's hand-writing to this examination—(read)—"The prisoner says I was at the play on Monday night from six to twelve o'clock, at the Victoria theatre, and was not at the shop at all."
ROBERT RICHARDSON . I am potman at a public-house in Munster-atreet. About half-past eleven o'clock at night, on the 4th of Sept., I was in Little Charles-street, leading to York-square, and saw the prisoner running, with his hands to his jacket—I am sure he is the man.
Cross-examined. Q. Did the prisoner come past you? A. Yes—he was going very fast.
Cross-examined. Q. What were you doing? A. Going down to Mr. Clark's to get some lottery-tickets—I was out of work at this time.
MR. PAYNE called
DENNIS BOWEN . I am the prisoner's brother. He was taken into custody on Wednesday, on the charge of stealing some cigars and tobacco—I was with him on the Monday night—we went to the Victoria theatre—we started from home, in Fitzroy-row, about five o'clock—we arrived at the theatre about ten minutes to pix—we remained there till about six minutes past twelve—we went straight home when we left—I had a little drop to drink at the opposite house—I was with him all the time, except going out to get a
little drink, about nine o'clock, while the pieces were going on—I remained out about five minutes—I went back and found him there—I remained with him then till it was over—he could not have been at York-square without any knowing it—he got up about seven o'clock in the morning.
COURT. Q. What are you? A. I work for Mr. Davis, a boot and shoemaker.
(Bartholomew Crow, a cabinet-maker, gave the prisoner a good character.)
GUILTY.† Aged 19.— Transported for Seven Years.
2681. MARGARET O'BRIEN and BRIDGET HOGAN were indicted for stealing, on the 2nd of Sept., 1/2 a bushel of plums, value 4s.; and 1 sieve, 1s.; the goods of Daniel Donoghue and another; and that Hogan had been before convicted of felony.
RICHARD MOORE . I am beadle of Covent-garden-market. Between seven and eight o'clock in the morning of the 2nd of Sept., I saw the prisoners together—I watched them to several stands, and at last saw them go to Donoghue's stand—they there picked up a sieve of plums—the mob was very great, and I lost them both—I heard a cry of "Stop thief," and had follow another person—in coming back I met the prisoners—O'Brien had the plums, and handed them to Hogan, who put them under her shawl.
JOHN MORGAN . I saw the prisoners go to the prosecutor's stall, and take up a sieve of plums—I followed another thief with Moore—I saw O'Brien will the sieve and plums—she handed it to Hogan, who covered it with her shawl.
O'BRIEN— GUILTY . Aged 49.— Confined Six Months.
HOGAN— GUILTY . Aged 30.— Transported for Seven Yeans.
2682. ROSETTA MORTIMER was indicted for stealing, on the 24th of August, 1 gown, value 3s.; 1 shirt, 2s.; 1 shift, 1s.; 1 night-gown, 1s. 6d. 3 napkins, 1s. 6d.; and 1 cap, 1s. 6d.; the goods of William Collier.
FRANCES COLLIER . I am the wife of William Collier, and live in Eagle-court, Little Catherine-street, Strand. On the 12th of August I hired the prisoner to attend to me in my confinement—I was confined the next day—about four o'clock in the morning my husband went out—I had my break-fast and fell asleep—I awoke about eleven, and missed my keys from my drawers—I called, and could not find the prisoner—I missed these things now produced—they are all mine.
Prisoner. I was hired as a dress lodger; she lives on the prostitution of unfortunate girls that they get in the street. Witness. I engaged her to attend me in my lying-in—I have no lodgers that I dress—I have no other lodgers in the house but her—I have only apartments—I did not lend her these things—I do not keep a room of ill fame—I was to pay her 4s. a weel and her board and lodging.
SARAH MULLETT . The prisoner used to bring the mangling to me—on the Saturday, about ten o'clock, she brought in a bundle of things, and said she wanted a table-cloth mangled—she brought this gown in a napkin, and said "I have made a mistake, let me leave it here till I come back"—she came back for the bundle and table-cloth.
of August I found the prisoner on Ludgate-hill—she had this gown and shift on.
NOT GUILTY .
SARAH MULLETT . The prisoner brought me a table-cloth on the 12th of Aug., in a bundle of things—it was Mr. Collier's cloth—I mangled the cloth and gave it to the prisoner about eleven o'clock the same day.
JAMES CREED . I am officer of the Strand Theatre. I have had an opportunity of seeing the prosecutrix—I will swear she is a brothel keeper—I have seen her watching girls, to see what company they met with, and they go home to her place.
NOT GUILTY .
WILLIAM TEETON . I live in Drury-lane. The prisoner was in my service. On the 25th of Aug., I gave him a half-crown to buy a pair of half boot fronts—he left my house for that purpose—he did not come back, and I did not have the fronts.
Prisoner. You entered into art agreement for twelve months to lodge me at 2s. a week. Witness. No—he had been with me about three months—he did not lie on the floor two weeks, with only his jacket and waistcoaat on—I fed him well—not five minutes before he went out he had a good breakfast.
Prisoner. I left a good home to go to him, and I was very ill-used.
GUILTY .** Aged 23.— Confined Nine Months.
Fifth Jury, before Edward Bullock, Esq.
2685. JOHN CLARK was indicted for stealing, on the 14th of Sept., 8 1/2 lb. weight of lead, value 1s.; the goods of John O'Brien, and fixed to a building; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 20.— Transported for Seven Years.
GUILTY . Aged 40.— Confined Three Months.
2687. GEORGE HORNSBLOW was indicted for stealing, on the 15th of Sept., 2 gross of screws, value 3s.; 2 bolts, 6d.; 2 hinges, 4d.; and 281bs. weight of lead, 2s. 2d.; the goods of George Brown and another, his masters; to which he pleaded
GUILTY .— Confined Three Months.
GUILTY .— Confined Two Months.
2689. JANE SOAMES was indicted for stealing, on the 3rd of Aug., 1 gown, value 5s.; 1 petticoat, 1s.; and 2 aprons, 1s. 6d.; the goods of Ann Pavey; 5 sheets, 1l. 15s.; 2 pillow cases, 5s.; 2 shirts, 1l. 1s.; 1 apron, 12s.; 1 pair of boots, 21s.; 2 pillows, 8s.; 6 blankets, 30s.; 6s. handkerchiefs, 10s.; 2 frocks, 10s.; and 1 bolster, 8s.; the goods of Thomas Gamlen, her master.
THOMAS GAMLEN . I live in Mecklenburg-street, St. Pancras. On the 1st of Aug., the prisoner came to take charge of my house, and to cook for me while my family was at Broadstairs—on the 29th of Aug., I missed, coat, a pair of boots, and various other articles—this is my coat.
Cross-examined by MR. DOANE. Q. Is it your own? A. Yes—I was in the house occasionally, but none of my family—the prisoner was recommended to me from a housekeeper in the neighbourhood—a person has come to my house, and represented himself as her husband—I charged her on one occasion with being intoxicated, and she denied it—my coat was kept in my dressing-room.
Cross-examined. Q. Is this the duplicate of it? A. Yes—I knew her before—I am sure she pawned it.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy. — Confined Six Month.
(There was another indictment against the prisoner.)
2690. ALEXANDER MURRAY and THOMAS HILL were indicted for stealing, on the 6th of Sept., 9lbs. weight of leaden pipe, value 6s., the goods of William Thomas; and fixed to a building.—2nd COUNT, not stating it to be fixed: and that Hill had been before convicted of felony.
HENRY CORNISH . I am a block and mast-maker, and live in King-street, Gravel-Jane, St. George's East. About seven o'clock in the morning of the 6th of Sept., I missed the water-pipe from the garden-wall of my house—I had seen it safely fastened to the wall at ten o'clock the night before—it belonged to Mr. Thomas, the landlord—I went to the station, and gave information—this is part of the pipe—this piece of it I put to it myself when some had been stolen six months ago.
WILLIAM KEELY (policeman.) On Wednesday morning, the 6th of Sept, at half-past five o'clock, I saw the prisoners come out of Gravel-lane—they appeared to be bulky about their waists—I asked Hill where he was going—he said he was going to work—I asked what he had got about him—he said, "Nothing"—I put my hand into the waistband of his trowsers, and found these two pieces of pipe—I asked where he got them—he made no answer—Carr came up and searched Murray in my presence—the house the lead was taken from belongs to Mr. William Thomas.
Murray's Defence. I went out about half-past four o'clock, and coming through Gravel-lane, I met Hill—we walked round, looking at the places, and saw these five pieces of lead in a blue handkerchief; I gave Hill two and kept three.
MURRAY— GUILTY Of Stealiny only. Aged 20.— Confined Six Months.
HILL— GUILTY Of Stealing only. —Aged 19.— Confined Twelve Months.
I knew Judith Neill a single woman—I was present at the prisoner's marriage with her in the Catholic Chapel at Hammersmith, on the 12th of Aug., 1841—there were other persons there—Judith Neill is here, and she is the person.
HENRY KIMBER (policeman.) I apprehended the prisoner on the 4th of Sept., at Walham-green. I produce a certificate of the first marriage, which I got from the Registrar General's Office at Somerset office, and a certificate of the second marriage, which I got at the parish church of St. Giles'-in-the-fields—I have compared them with the originals, and they are correct.
CLIFFORD SMITH . I have a recollection of the prisoner, but I cannot speak positively to him—I believe him to be the man who was married to Judith. Neill—I knew her, and she is here. (Certificates read.)
Prisoner's Defence. I can bring a witness to prove that the first woman was cohabiting with another man, which caused me to leave her.
GUILTY . Aged 26.— Confined Six Months.
THOMAS HINDE . I am shopman to Charles Baddeley, a boot and shoe-maker, in Oxford-street. On the 19th of September, about half-past nine o'clock at night, I saw the prisoner come and unhook a boot from inside the doorway—he went off with it—I went after him, and saw him chuck it down a railing—I called, "Stop thief"—he ran, I pursued, and stopped him—I never lost sight of him.
Prisoner's Defence. I know nothing of it.
GUILTY . Aged 18.— Confined Three Months.
THOMAS DICKETTS . I am a tailor and live in Great Ryder-street. The prisoner was in my employ for six or seven weeks—she left me on Sunday last—I had missed a double breast-pin and chain, for about a fortnight before she left, from a cupboard in the parlour—I saw them again, on Monday morning last, at the office—these are my pins and chain, and the box in which I kept them.
JUDITH QUINLAN . I am servant to Mr. Dicketts. The prisoner came and asked me to pawn these pins for her about a fortnight ago—I pawned them at Mr. Harrison's for 7s.—I gave her 6s. 6d.—this is the pin.
GUILTY . Aged 20.— Confined Four Months.
2694. JOHN LUCAS was indicted for stealing, on the 12th of Sept., 1 reticule, value 5s.; 2 keys, 6d., 1 handkerchief, 3s.; 18 shillings, 2 groats, 2 pence, 2 halfpence, and 2 farthings; the property of Maria Montague, from her person.
MARIA MONTAGUE . I am a widow. I was in Cromer-row on Tuesday afternoon, the 12th of Sept., between five and six o'clock—I did not see the prisoner till he snatched my reticule out of my hand—it was hanging by the string on my left side—he tucked the string underneath, and ran away immediateiy—I pointed him out to the first person I saw—I said, "That person has taken my bag, and run away with it"—that person followed him slowly—I spoke to Mr. Wheeler; I also followed, and saw the prisoner throw my reticule over a wall.
ROBERT WARNER WHEELER . I live in Upper Hyde Park-street. I was in the New-road—I saw the prisoner run past, and Mrs. Montague after him—she pointed him out—I ran after him, and when I was within about seven yards of him he threw the bag over a wall—I ran and took him.
WILLIAM EADE (police-constable D 67.) I was in Chapel-street—I saw the prisoner running, and Mr. Wheeler pursuing him—I saw the prisoner take what appeared a reticule from under his arm, and throw it over a wall—I caught him.
Prisoner's Defence. I was running to Astley's theatre; I never saw the bag.
GUILTY . Aged 18.— Confined Six Months.
2695. MARY ANN YOUNG was indicted for stealing, on the 30th of Sept., 1 gown, value 30s.; 1 scarf, 13s.; 1 cape, 10s.; 1 pair of boots, 2s. 6d.; and 1 pair of trowsers, 5s.; the goods of James Gwynne.
SARAH GWYNNE . I am the wife of James Gwynne, a tailor, in Long's-court, Leicester-square. On the 13th of Sept., about one o'clock in the day, I was in my back room, and heard a noise—I went to the front, and found the door open—the prisoner was going down stairs—I looked into the room, and missed the scarf off the chair—I ran and stopped her in the passage with this scarf and other things in her apron—they are mine—this dress had been in the front room, on a chair near the window—I had seen it not five minutes before.
GUILTY . Aged 22.— Confined Six Months.
JAMES PARKER . I am a boot and shoemaker, and live in Cross-street, Hoxton New-town. On the 20th of August a woman ordered me to come and measure her son for a pair of boots—I went, and it was the prisoner—I measured him for them, he asked the price, I said 15s.—he said, "I will pay you ready money, make me the best articles you can"—I made them, and carried them home on the 26th—he fitted them on, and roade no complaint—he said, "My mother will pay you"—I said, "That won't do for me; I will have my money or the boots"—he walked out, taking the boots, came in again, and called me a d—saucy scoundrel—he ordered me out—I went again in an hour—his mother said he was not at home, but I should be paid—I called a great many times, but could not see him—I saw him at last—I never got the boots back, nor the money—the last time I went, the house was stripped.
Cross-examined by MR. PRENDERGAST. Q. Did you not see him again? A. Yes, on the Saturday before I had him taken on the Monday—he had
the boots a fortnight before that—I told him I war not going to be humbugged out of them, and he ordered me out—I had a pair of shoes to mend before, but I did not know who they were for—the woman brought them and fetched them—he lives at No. 58, Britannia-terrace—I was forced to go away, for he turned me out, and slammed the door—I did not speak to the policeman the first time—I came back in about two hours—I had a policeman for a fortnight looking for him—I saw the prisoner there once afterwards, and then I went to the Magistrate—I believe he had lived there about two months.
COURT. Q. You called there a fortnight after you left the boots? A. I called a great many times—I went on continually calling—I had several policemen to look after him—it was on a Saturday I delivered the goods, and on the Monday I got a policeman to look out for him.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Three Months.
2697. JOHN WILLIAMS was indicted for stealing, on the 9th of September, 9 keys, value 3s.; 1 purse, 6d.; 1 half-crown, 6 shillings; and 1 sixpence, the property of Elizabeth Sarah Rogers, from her person.
ELIZABETH SABAH ROGERS . I am a widow. On Saturday evening, the 9th of September, I had passed through Euston-square, when I found that something had cut the fringe of my shawl, and nearly pulled it off my shoulder—I turned and saw the prisoner and another man close to me—the prisoner begged my pardon, and instantly ran away—I put my hand to my pocket and missed my purse and keys—I had a half-crown, six shillings, and a sixpence in my purse—I ran after him and called "stop thief"—a gentleman asked what I had lost, and he took the prisoner in a baker's shop near where it happened—I saw my purse and keys.
Cross-examined by MR. WILDE. Q. Were both the persons close by you? A. Yes; I am quite sure the prisoner touched me—he was the nearest to me—on my turning, his face nearly touched mine—they both ran away—I had just left home—it was then about six o'clock.
WILLIAM HENRY JAMES . I live in Beaufort-buildings, Strand. About six o'clock in the evening, on the 9th of September, I was passing Euston-square—I saw Mrs. Rogers running and crying "Stop thief"—I saw the prisoner and another man run past me—they reached the end of the street, and one went one way, and one the other—as I did not know which to pursue, I waited till Mrs. Rogers came up—she pointed out the prisoner, and said be took the purse—I pursued him, and saw him standing in a baker's shop—I said; "What have you done with the lady's purse?"—he said, "Me, sir? I have not the lady's purse"—he turned to the counter, and I saw him take his hand from behind him, apparently from his pocket, he took this purse and keys from it—he passed my hand, and endeavoured to put the purse and keys under some pastry—I said, "Here is the purse"—by that time Mrs. Rogers had come up—the prisoner said, "Ask the lady if that is her purse"—I did, and she said it was—I took him till the officer came.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Four Months.
GUILTY .* Aged 48.— Confined Six Months.
2699. MICHAEL CONWAY was indicted for stealing, on the 9th of september, 3 waistcoats, value 1l.; 1 pair of trowsers, 10s.; 1 handkerchief, 6d.; and 1 shirt, 2s.; the goods of William Simmonds; and 1 waistcoat, 10s., of Isaac Cave Simmonds; and that he had been before convicted of felony; to hich he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
WILLIAM BROOKS . I live with my mother, Sarah Brooks, in Marchmont-street—she keeps a green-grocer's shop—about twenty minutes before five is the afternoon, on the 18th of September, I was in the shop, and saw the prisoner come up stairs from the kitchen—I asked what he went down for—he said "For some water"—he had lived in our service since last Whit Monday—I then sent him out on an errand and he came back about a quarter after five—before he came back I had heard about a watch, and I told him the watch was missing, and I did not know who could take it but those in the house—he said he knew nothing about it—I spoke to him about being searched, and he said he had no objection if it would be more satisfaction to me—I searched him, but found nothing—I gave him into custody—he still denied any knowledge of the watch—this is the watch.
THOMAS CROSSLEY . I am in the service of a pawnbroker, in Gray's-inn-road. On the evening of the 18th of Sept., about five o'clock, I received this watch in pledge for 12s. from the prisoner,—I am sure it was him—he gave the name of Thomas Adey—he had a green-grocer's basket with him.
Prisoner. The night you saw me you said you could not recognise me, Witness. I said I had every reason to believe it was you, but I was not certain, as it was then candlelight; but the next morning I was certain.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Four Months.
JOHN BROWNING . I am a butcher, and live at Hoxton; there is a public-house next door to me. On the 13th of Sept. I was in the skittle-ground, and saw the prisoner, with two associates, about half-past two o'clock—I then missed the prisoner suddenly—Mr. Phillips told me something, and I went to my shop, and missed two saws, which had been safe when I went to the skittle-ground—I have not seen them since—I gave information, and he was brought to my house the next morning—he said he had not taken the saws.
JOSEPH PHILLIPS . I live in Shaftsbury-street, Hoxton, opposite to Mr. Browning. About half-past two o'clock, on the 13th of Sept., I was at my parlour window, and saw the prisoner take two saws from Browning's window—when he got above thirty yards off he put them under his frock—I gave information.
RICHARD TAYLOR (policeman.) I took the prisoner—he came next morning to the station to know what we were inquiring about him for—the sergeant told him it was for taking two saws—I took him to Mr. Phillips, and he identified him.
NOT GUILTY .
NEW COURT.—Thursday, September 21st, 1843.
Fifth Jury, before Mr. Common Sergeant.
2702. SARAH MALONY was indicted for stealing, on the 11th of Sept., 1 watch, value 1l. 19s. 6d.; 1 watch-chain, 3d.; 2 seals, 3d.; and 3 half-crowns; the goods of John Wells, from his person; to whichshe pleaded
GUILTY . Aged 22.— Confined Three Months.
JOHN WAKEHAM EDWARDS . I am a surgeon, and live in Wardour-street. The prisoner was my errand-boy—I delivered him a paper parcel on the 10th of Sept., containing four sovereigns, four half-sovereigns, and a letter—he was to take it to the City, to Elliott and Collins—he never came back with any answer or any money—I could not find him till now.
Prisoner's Defence. The prosecutor told me to be careful of it; I put it into my pocket, and lost it.
GUILTY . Aged 16.— Confined-Six Months.
GEORGE LINSLEY . I live at Brixton. About nine o'clock, on the 12th of Sept., I was standing near Shoreditch church, reading a notice on a board—I felt a tug, I turned round instantly, and caught the prisoner turning from me, and concealing my handkerchief under his coat—I collared him, and gave him in charge—it was found under his coat.
Cross-examined by MR. PAYNE. Q. How far was he from you when you turned? A. Five or six feet—I saw my handkerchief in his hand.
COURT. Q. When you found it in his hand, did you seize him? A. Yes, and he said a boy gave it him and ran away—I did not see any boy.
GUILTY. Aged 17.—Recommended to mercy. — Confined Three Months ,
HENRY PADDON . I am a grocer, and live in Whitecross-street. The prisoner lodged in my house when I took it—in August I had an interview with the policeman, and on the 27th I marked some money—I marked some Paper, and strewed it among some tea—between two and three o'clock that afternoon I and my wife went out—I returned, and found tea taken from two different bins and three canisters, and great part of these papers were gone—I called in Brannan, and went up to the prisoner's bed-room—he and his wife were in bed—we tapped at the door—the prisoner came out, and said, "What is the matter?"—Brannan said I had missed a quantity of tea—he said,
"Mr. Paddon don't suspect me, docs he?"—I said, "I have no one to suspect but you, you are my only lodger"—Brannan said, "We shall search the premises"—we went to the front room, and Brannan found a tea caddy on a side-table—we turned the tea out, and in it we discovered three pieces of the marked paper—I am sure they are pieces that I marked, and put in among the tea—I said, "That is quite enough,"—the wife flew at Brannan, and tried to snatch them out of his hand, and, I believe, did destroy some—we then went through the house, but did not find anything else—while we were taking the prisoner through the passage, his wife said, "Jones, you had better confess where the rest of it is"—we went to the station, and Brannan questioned the prisoner about the rest of the tea, and then he consented to show where the rest of the property was—he came back, and said, "There is the rest of the property,"pointing to a chest, under which were two flooring boards that lifted up, and under them was tea, coffee, plums, and every thing in the grocery line—I counted my money, and missed 7 1/2 d. out of 7s. which I had left in the till—Brannan told the Magistrate that he was going to make another search, and appointed with the prisoner's wife to make another search in her presence—he came, but she did not, and he did not search that day; but the next day he came with another officer, and in the upper room we found a child's money-box, and in it 3 1/2 d. of my marked money—I can swear it was some that I had marked before.
Cross-examined by MR. PRENDERGAST. Q. Did you ever say before what passed between Jones and his wife? A. I mentioned it to Mr. Vine—he said, "Did you hear it?"—I said, "I did not, but Brannan did"—I constantly missed tea, and went to the station, and communicated with the sergeant—Mr. King, my wife, and lad, were present when I put these papers into the tea, but Brannan was not—I did not call Mr. King as a witness—Brannan marked one paper, and told me the way I was to mark them—I did not pot in that paper which Brannan marked—the prisoner and I were not on bad terms—I never threatened to distrain on him for rent—he owed me 5l. odd for rent—Mrs. Jones was so disorderly we could do nothing with her—she fought like a tiger—Brannan had hard work to get rid of her—the prisonemt in his chair, rather excited—there was about five ounces of tea in the tea-caddy—I put a dozen papers in each bin.
COURT. Q. How much was under the floor? A. A round box, containig tea, and jar of tea, some raisins, and some sugar, white pepper, and other things—I locked my shop door when I went out, and found it locked when I came back.
JAMES BRANNAN (police-constable G 20.) I received information from the prosecutor, and directed him to do something—I accompanied him to the prisoner's apartment—I knocked at the door—the prisoner was in bed with his wife—I said I belonged to the police, and Mr. Paddon had missed some tea—the prisoner said, "I hope he don't suspect us"—I went into the front room, and asked if he had any tea—he said, "A few ounces"—I found a tea-caddy, and emptied its contents out—I found in it marked pieces of paper—Mrs. Jones snatched one from my hand—I asked the prisoner if he had more tea—he said, "No"—I went down, and his wife said, "Jones, you had better tell where the rest is"—I went to the station, and said A was not satisfied with the search—the prisoner went back, and pointed to a box under the table—two boards came up there, and I found this box and jar of tea—I had told the prosecutor to put an H or a P on the papers—he marked one piece before me, and showed it to me, and it was marked exactly as I told him to do it.
Cross-examined. Q. Did you give the prosecutor a piece of paper? A.
No—he marked a piece, and showed it to me, and asked if it would do—I said, "Yes"—I positively swear I did not give him any marked paper—I asked him to mark several like these—I think the prosecutor's wife was serving in the shop—I think no one else was present—I called there another time with a brother officer, who was in the habit of doing plain-clothes duty—the prisoner was quite quiet—he said he only had a few ounces, and when I came back, and found this other, he said, "That is not his; I have had it by me some time"—he did not say he was innocent, or any thing of the kind—he was admitted to bail.
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined One Year.
2706. ELIZABETH WRIGGLESWORTH was indicted for stealing, on the 5th of Sept., 1 cash-boy, value 1s. 6d.; 1 shilling, 1 sixpence, and 2 half-pence; the property of Mary Lloyd; and 1 pair of shoes, value 4s., the goods ol Ann Bloss.
MR. BODKIN conducted the Prosecution.
JANE GREEN . I am the wife of George Green; he is porter to the Honourable Charles Compton Cavendish, of Burlington-house, Piccadilly—about five o'clock in the afternoon of the 5th of Sept., my husband went, to the postoffice—the prisoner came directly after; she rang—I ran and opened the door—she asked to see the housemaid, and asked if she had been there many years—I said, "No, not more than five or six years"—she said, "It is more than twelve years since I lived here; I wanted to ask her about some of the old servants"—I said I could tell her as much as they could, and she wanted to go in—I said Mr. Cavendish was very particular—she laid down her umbrella and said, "I shall go and see the housekeeper"—I said, "I shall go with you"—she went across the court yard—I left her in the still-room, while I went to the housekeeper and told her—I returned soon after, and the prisoner was sitting down—I then heard a knock at the gate; I went, and my husband came in—the prisoner came down to the lodge where I was sitting, and said, "The housekeeper cannot give me any information, I shall go and ask John Hartley"—she took her umbrella and a parcel that she had left, and went away—soon after, the housemaid came to know where the woman was that I took up the yard, and an alarm was given.
MARY LLOYD . I am housekeeper to the Honourable Mr. Cavendish—I was told some one was waiting for me—I went down to the still-room and found no one there—this is my cash box, I believe—I had such an one in the next room to the still-room—a person could go from my room to the still-room—there was money in the box at the time I left it—it was locked, and there was a ticket on it with the words: "One penny for the aged poor"—the ticket is gone—there is an appearance of where the wafer was on it—I am quite sure I had left it locked—I missed a damask table-cloth from the still-room, it belonged to Mr. Cavendish, and a pair of shoes belonging to the housemaid—I do not know the prisoner.
ABRAHAM FREEMAN . I keep a lodging-house in Blenheim-street, St. James's—the prisoner lodged there occasionally—on the 6th or 7th of Sept., she gave me this box to get it repaired and a key fitted to it—it had been broken open—there was nothing in it then—she said it had belonged to her five or six years ago, when she lived at the Archway, in Hyde Park; and she wished to keep it for her child.
JOSEPH MOUNT (police-sergeant C 6.) On the 8th of Sept., I went to Mr. Freeman's and took the prisoner into custody—I told her she was suspected of a robbery at Cavendish-house—she at first denied having been there at all, but afterwards acknowledged she had been there to inquire after some old servants—I found this box there, and these shoes were on her feet.
GUILTY . Aged 37.—
2707. ELIZABETH WRIGGLESWORTH was again indicted for stealing, on the 4th of Sept., 7 shirts, value 35s.; 1 pair of socks, 2s.; 2 scarfs, 5s.; 1 comb, 2s. 6d.; 1 brush, 2s.; 1 breast-pin, 2s.; 1 pair of trowsers, 20s.; and 1 waistcoat, 2s. 6d.; the goods of William Davey :—also, 1 shirt value 28s.; 5 stockings, 5s.; 1 pair of socks, 3s.; and 1 pair of gaites 3s.; the goods of William John Cavendish, Marquis of Titchfield.
MR. BODKIN conducted the Prosecution. GEORGE HARTLEY. I am groom to Lord George Bentinck, of Harconrt-house, Cavendish-square—there is an inner court to the house, and the stables go back to Wimpole-street—persons can enter that way into the house in the day time, and can get into the room in which these things were—I have known the prisoner some time—she is a native of Worksop, and might be acquainted with some of the servants probably—she came to me and asked for Thomas Hartley, who used to live there twelve or fourteen yean ago—I said he was gone, and gave her the direction to go to him—I believe she went into the house to ask for the housekeeper, but I did not see her—I do not recollect what day this was.
WILLIAM DAVEY . I am valet to William John Cavendish Bentinck, marquis of Titchfield—I saw the prisoner in Harcourt-house about three weeks before the robbery—she inquired about the same servant that she inquired of George Hartley about—my room is up the back stair-case—on the night of the 4th of Sept., I missed a comb and a brush, and on the following morning, seven shirts, two scarfs, a pair of silk stockings, and these other things—they had all been in my room—I also missed three pairs of silk stockings and a pair of gaiters, the property of the Marquis—these shirts are mine; and this other shirt, these stockings and gaiters are the Marquis's.
ELIZABETH WREN . I am the wife of Stephen Wren. I have seen the prisoner several times—I pawned these trowsers and waistcoats for 15s., for the prisoner at Mr. Barrett's—I considered she was Mrs. Trevett.
GUILTY .* Aged 37.— Transported for Fourteen Years.
(There was another indictment against the prisoner.)
2708. GEORGE STREETING WHITTINGTON was indicted for stealing, on the 14th of April, 1 wheelbarrow, value 1s. 6d.; 1 shovel, 1s.; 1 spade, 1s.; 1 plough, 1s.; 1 dung fork, 1s.; 1 grafting tool, 1s.; 1 pickaxe, 1s.; 1 mop, 6d.; and 7 pieces of board, 1s.; the goods of Richard Guttridge, his master.
MR. RYLAND conducted the Prosecution.
used to live at St. Alban's—in the early part of All year he was erecting some houses at Hillingdon, and the prisoner was employed there—the prisoner was a labourer, and had these tools to use—he worked continually on the work till February, and after that he worked occasionally to open and shut the windows, and look after the property—he finally left, at the latter end of April, or the beginning of May—I saw him before he left, and told him to send me a list of the tools he had had in use, and he sent me the list—he was to take care of the took in a bakehouse at the rear of one of the houses, which are on my father's premises—he was to deposit them there, and leave them—he still had the care of the bakehouse—he had not occasion for these tools—about a month ago, I sent Dell there to dig a well, and from what I heard I went to the prisoner's cottage on the 14th of Sept.—his wife was there, but he was not at home—I went with a policeman about two hours afterwards—we found a wheelbarrow, three planks, and a shovel, and all the things mentioned in this indictment—they were things he had the use of, and which should have been in the bake-house—when the policeman asked the prisoner whether he had not got some things belonging to Mr. Guttridge, he hesitated a little time, and said yes, he enumerated two articles, and then stopped, and said, "That is all"—I am not certain whether he said he believed that was all—tne Officer asked him if he was sure that was all, and after some time he mentioned something else—we went to his premises and found these things—he had no authority to keep them on his premises, and certainly not to keep them till Sept.
Cross-examined by MR. DOANE. Q. Is your father here? A. No—the prisoner had a little piece of ground to cultivate—that could not be done without tools—my father is in New York—the prisoner had the care of some of my father's furniture—there were some wages due to him—his solicitor wrote to me, and I paid 2l. 17s.—my father's initials are branded on some of these tools.
MR. RYLAND. Q. When were these things given to the prisoner? A. I think about two years ago—my father was on the premises nearly the whole of his time before he went away—the prisoner took a table, and some other articles, but quite without my authority—I found them at his bouse, and was angry—he said, as the rooms were rather damp he took them to his own house where there was a fire—I made him take them back.
WILLIAM DELL . Four or five weeks ago, I was employed on these works at Hillingdon—I was to have the use of tools for my work—I could not find the tools—I went to the prisoner, and asked if he had got any tools of Mr. Guttridge's—he said no, he had given them to Drayton, and they were locked up in one of the cottages—I applied to Drayton on the following Saturday—I could not find any tools in any of the cottages.
THOMAS DRAYTON . I was employed at these works as a carpenter—I had the charge of some cottages on the estate—the prisoner never gave me any tools to lock up in the cottage—he had tools to work with, but I do not know what became of them.
NOT GUILTY .
eating-house, in James-street, Oxford-street. I was in the kitchen under the shop on the 13th of May—I had bolted the shop door—I heard the private door shut, a person walk across the shop, and then the shop door shut—a person could get into the passage, and from there to the shop—I ran up, and saw the door leading to the passage was open—the till was open, and the bowl and coppers gone—I had seen them safe a quarter of an hour before—I saw the shep door had been unbolted—from what Butler told me I went to No. 4, Bird-street, and found Mrs. Joey—she brought me the bowl up stain, which was my aunt's, but had no money in it—I heard the noise about twenty minutes to twelve o'clock, and received information from Butler about five.
FREDERICK BUTLER . I live at No. 8, Bird-street. I saw the prisoner about a quarter before twelve o'clock on the 13th of May—he had something under his coat—he was about twenty or thirty yards from the prosecutrix's—he went down Bird-street, went to the area of No. 4, knelt down, and put something into his cap, which sounded like money, which he took out of a small wooden bowl, and threw the bowl down the area—this is the bowl—I told what I had seen as soon as I heard of this.
Cross-examined by MR. HORRT. Q. You told all this after you heard of the robbery? A. Yes—I was standing opposite the prisoner—he might have seen me—I do not know whether he did—there were people about the street, but not on the same side of the way—the prisoner kneeled down on the area railing of a shop that was shut up—I am an errand-boy—I lived at Mr. Keith's, a green-grccer, about five weeks ago—I left for throwing the horse down—I have been before a Magistrate for being with some boys in the Park getting chestnuts—we had seven days in the House of Correction—we were not charged with picking pockets—I was before the Magistrate about three years ago for taking money from my aunt—I live with my aunt now.
COURT. Q. Had you known the prisoner before? A. Yes, by sight.
JONATHAN MOYSE (police-constable D 162.) I received information and a description of the prisoner—I knew him very well—I was directed to take him—I was not able to find him till he was taken in August at the corner of James-street.
GUILTY . Aged 15.— Transported for Seven Years.—Parkhurst.
MR. BALLANTINE conducted the Prosecution.
HENRY CHILDS . I was in the service of Mr. John Evans, a stationer in Budge-row—the prisoner was in the habit of coming to the shop—he came on the 7th of September for 71bs. of paper, which came to 4s. 1d.—he paid the warehouseman in my presence—it was to be cut, and I took it back to cut it—he followed me, and I saw half a ream of paper by the side of him—he said, "Cannot you give me this half real?"—I said, "I should not like to do it, and he immediately took it and put it into his blue bag—I did not do any thing—I was cutting the paper—I did not have it entered as a regular sale—he paid me 2s. for it on the Saturday following—I do not know what it was worth—I think about 3s.
Cross-examined by MR. HORRY. Q. How long had you been in Mr. Evans's service? A. Between two and three years—the prisoner was not dealing with me—he asked me the price of some other paper—if any body comes for paper they speak to the clerk or warehouseman—I did not speak
about this directly, because he said he would pay me for the half ream, and he said, "You can settle with the warehouseman about it"—I had no idea at all of his stealing at that time.
NOT GUILTY .
2711. MICHAEL DOYLE was again indicted for feloniously receiving of An evil-disposed person, on the 15th of September, 1 wrapper, value 1d.; and 10 quires of paper, 4s. 9d.; the goods of John Evans, which had lately before been stolen, well knowing the same to have been stolen.
MR. BALLANTINE conducted the Prosecution.
HENRY CHILDS . I have been in the service of Mr. John Evans for two or three years. I saw the prisoner at my master's on Thursday, the 7th of September—I saw him again on Friday morning, the 15th, at eight o'clock, when I was going to work, and he said, "Can you bring me half a ream of paper a size larger than I had before?"—I said, "I will try what I can do"—he arranged to meet me at the corner of Chequer-yard, which it about three minutes walk from my master's, and not within sight of it—I took him half a ream of paper to Chequer-yard at two o'clock, and gave it to him—it was sealed up in a coloured wrapper—he walked away with it immediately, and I walked to the warehouse—as I was leaving him I saw Mr. Hughes, who is in my master's employ—the wrapper which I gave the prisoner was similar to this one (looking at it)—the prisoner had a bag which he put the paper into.
Cross-examined by MR. HORRY. Q. This is a very common wrapper? A. No, I have seen more than this one—it was not at two o'clock that the prisoner first spoke to me about the paper—it was at eight in the morning—I had not taken out paper before—he did not give me any money for this—he did not give me the money to go and fetch it—he did not say that he was pressed for time, and ask me to get it for him, and give me the money.
JAMES HUGHES . I am in the service of Mr. Evans. On Friday, the 15th of September, I saw Childs go out of the warehouse about two o'clock—he had what appeared to be a ream of paper under his apron—he said, "I shall be in in a minute"—I followed him down Dowgate-hill to Chequer-yard—I saw the prisoner standing at the corner of Chequer-yard—Childs went up the yard, and the prisoner followed him—they were out of my sight—in a minute after Childs came back and passed by me—his apron was then quite flat—I communicated this to my employer's brother, and from his direction I said nothing about it that day—this wrapper is similar to what reams of paper in our warehouse are wrapped in—the prisoner had a bag in his hand, and something in it when I first saw him.
JOHN VALE (City police-constable, No. 417.) At half-past two o'clock on Saturday afternoon, the 16th of Sept., I was on duty, and saw the prisoner standing on a step with a bag in his hand—I took him, and in the bag I found this wrapper—he gave me an address, which turned out to be wrong.
(Peter Brown, a general dealer, Bedfordbury; Edward Bradshaw, shoe maker, Back-hill; Richard Ryan, shoemaker; and Samuel Nesbit, of Devonshire-street, gave the prisoner a good character.)
GUILTY . Aged 33.— Transported for Seven Years.
2712. HENRY SMITH was indicted for stealing, on the 23rd of August, at St. Pancras, 17 spoons, value 8l. 8s.; 2 pair of sugar tongs, 2l.; 1 mustard Pot, 1l. 10s.; 12 sovereigns; and 1 half-sovereign; the property of Mary Catherine Sheppard, in the dwelling-house of Edward Labern; and that he had hcen before convicted of felony.
Edward Labern, who keeps the Stag, in Cumberland-market. At half-past seven o'clock on the 23rd of August I was sitting in the bar—the prisoner walked in and looked over the parlour—he ordered a pint of half-and-half a biscuit and cheese; he walked right up stairs to the sitting-room—what be ordered was sent up by the boy—he was in the house a quarter of an hour or twenty minutes—he then came down and went out—I went up a little after, and found my bed-room door had been broken open, and all the place in an uproar—five silver spoons and the tea-tongs had been taken out of one of the drawers—my box had been drawn from under the bed, and six spoons and some other things taken from that, and the knife which the prisoner had with the biscuit and cheese was lying on the bed—I am certain of that, because there was a little notch on it—I had seen these things safe about five o'clock, and not a soul in the house between that and the time of the prisoner's coming had been up stairs—no one else could have done it—I am sure he is the person.
CHARLES HOWARD . I am pot-boy at Mr. Labern's. The prisoner came that day at half-past seven—he ordered a pint of half-and-half, a biscuit, and cheese—I took it, and a knife that I can't swear to—no one else had been up stairs after five o'clock to my knowledge—I am sure he is the person.
SIDNEY WRIGHT . I was at the corner of Munster-street at half-past seven o'clock that day—I saw the prisoner walk into the public-house, and run out—I had known him about a week before—I heard of this—I went to the Cock and Bottle and found the prisoner—he said he would go when his brother came in—I went in with two or three messages—at last he came out, truck me, and knocked me down—the officer came up.
JOSEPH GUEST . I am a writer and grainer—I went into the Cock and Bottle after the prisoner—he came out—I and Wright laid hold of him—I saw him knock Wright down, and he tried to knock me down as well.
CHARLES BROWN (police-coustable F 128.) 1 took the prisoner to the station—he said "If I had given Wright 5l. it would have been all right"—he asked Wright and Guest to go out, and then he said he was in the house at half-past three, but not at the time the robbery was committed.
GUILTY . Aged 20.— Transported for Fourteen Years.
JANE FRENCH . 1 am housemaid to Lord Thomas Cecil. On the 31st August, about twenty minutes past two, the prisoner came to his house in Eden-place—she said 6he came from Lady Charlemont for a card of Mrs. Russell's, and asked if Lady Sophia Cecil was in town—I said she was not—she then said I was to speak to the housemaid for the card—I said there was not a card—she wished me to look—I went into the dining-room, she fol-lowed me—I went to the table drawer to look—she came up to the table—I said there was not any there—the door-bell rang, the footman came to the door—I said perhaps he could tell her where Mrs. Russell's address was-the prisoner went away, and I then missed a coral seal, which I had seen just before she came—no one could have taken it but her—it was on the table in the dining-room—the prisoner was by that table—I have never seen the seal since.
from Lady Charlemont with her compliments to Lady Sophia Cecil, and she would be glad if she could give her Mrs. Russell's address; and if she was out of town, she would be glad if the housemaid would look out the card.
SARAH SCOTT . I am in the service of Lady Charlemont. The prisoner was not in her service—I know nothing of her—Lady Cbarlemont was not in town on the 31st of Aug.—she had been out of town three weeks.
Prisoner's Defence. I went to ask for a letter for the hospital; I did not go for a card; I asked if I might go to Lady Charlemom's, and they told me they did not know; I went to the door, but I did not go into the room; there was a ring; she came out, and I came directly; I did not take any thing.
GUILTY . Aged 17.— Transported for Seven Years.
2714. CHRISTIANA DOUGLAS was again indicted for stealing, on (be 1st of Sept., 1 watch, value 8l.; 1 spoon, 5s.; 1 watch-chain, 1l.; and 3 seals, 1l. 10s.; the goods of John Linton, in his dwelling-house.
SARAH PLUMB . I am servant to Mr. John Linton, of Coleshill-street, Pimlico. On the 1st of Sept. the prisoner came and asked if the family was at home—she called them by name—I said "No"—she then said, a I want to speak to their servant"—I said, "I am their servant"—she said, "I have 4 message for you; my master, Mr. Burgess, met your master this morning, and he said he would give me a card"—I said she must come again—she said I was to look into the office for it—I looked, and could not find it—I then went into the parlour—she said, "Is it not in this card-case?"—I said "No"—she said, "Do find it"—when she was gone I missed a salt-spoon, a watch, and the other things stated—they were my master's—nobody else had been there to take them—I had seen the watch half an hour before—she came at half-past four o'clock.
Prisoner. I was at the station at that time. Witness. Indeed you was at our house, for I let you in.
Prisoner. I was not in the house on Friday, the 1st of Sept., because I was in the station; the inspector can prove it
ROBERT SAMUEL JONES . I saw two metal door weights on the 13th of Sept. at the house of Mr. James Norton Smith—there was to be a sale there the next day—I did not see the prisoner do any thing; but when he was brought back I saw him take the two metal door porters from his pocket—he had nothing to do with them—they are Mr. Smith's
Prisoner. Q. How can you identify them? A. I had them in the sale, and mused them.
JOHN FREELINO DANIEL . I went to the house on the view day, and as I was going up stairs I saw the prisoner in the conservatory with one of these weights in his hand—I saw him go down—I went and missed the door por-ters—I fetched him back—he gave me one of these weights out of his pocket "—I did not see him produce them both.
GUILTY . Aged 46.— Confined Six Months.
WILLIAM ELLIOTT . I live in York-street, Westminster, and am a hack. ney coach driver. On the evening of the 9th of Sept. I went to a public. house at a quarter-past eight o'clock—the prosecutor and a soldier were in the tap-room—the prosecutor was drunk, and he engaged me to take him to the Adelphi theatre in my cab—just as I was about to do so the prisoner came in—he said he would take him—they recognised each other as acquaint. ances, and had some rum at the bar—the prosecutor got into my cab—the pri-soner and another man got on the box, and I was to drive to Pimlico—on the road I was ordered to stop at the Gun, and half a pint of rum was called for, which was drank—in paying for it the prosecutor drew his purse from pocket, and could not get the money out—the prisoner said he would do it—he took out the silver, and paid for the rum, and was about returning the purse, but not the silver—at that moment the girl said, "Put that silver is the purse, don't rob the man here"—he did so, and returned the purse to all appearance as it was before—the prosecutor then ordered me to drive bio to the theatre—the prisoner got on the box again, and I went—when I got then the prisoner said, "Drive opposite to the theatre"—I did so, pulled up, and said to the prosecutor, "Will you alight here V—he said, "No, drive when you like"—the prisoner then directed me to drive to Bedford-street to the watering-house, where they would get some supper—I drove there, and when I got off I went to the pump to draw a bucket of water for my horse—as I was returning I saw the prisoner coming from the cab door—I said, "Where is the sailor?" (meaning the prosecutor)—he said, "Getting out"—I went to the cab door, and the prosecutor said, "They have robbed me, and cut my pocket"—I found his pocket was not cut, but turned inside out—the prisoner had then disappeared—I am sure he is the man.
Cross-examined by MR. BALLANTINE. Q. Was the prosecutor very drunk? A. He was drunk, but not so that he could not move or stand—I saw gold and silver in the purse, and he was too drunk to get it out—I did not see the third man after the prosecutor lost his money—the prosecutor did not recog-nise the other man, but he seemed to know the prisoner—when he found his money was gone he appeared perfectly sober—I did not tell him how 1 sup-posed his money was gone, but I took him to the station—I cannot recollect that I told him that I saw the prisoner coming from the cab—I have know the prisoner eight or nine months—I never knew any thing bad of him.
PHILIP STRADLING . On the 9th of Sept. I had 12l. in gold, besides some silver, in my purse—I remember going into the cab from the public-house—I had had some spirits in the White Horse, and there was a soldier there that I got talking with—I was rather far gone, but I recollect saying I would have a pint of beer and some bread and cheese, to see if that would set me to rights—I called a cab—the prisoner and another man went with me—the cab-man drove me to the theatre—I did not feel inclined to get out, and said, "Tab me anywhere"—the prisoner said, "Take him to the Bedford"—he took me there, and I got a little refreshed—at that time the cab-man got off—the prisoner and the other man came to the carriage door, opened it, and rifled my pocket out—I will swear there was no other man came there—I have known this fellow, and gave him a drop of grog, and then he served me this.
Cross-examined. Q. Did the cab-man come and speak to you? A. No; I told him of my loss—he said, "Let us look at your pocket," and said it was not cut—he put me into the cab, and drove me to Bow-street—he asked if I knew the prisoner and the other man—I said yes, I knew them both—we cannot catch
the other man—they both came to the cab door, and both were on me together—I cannot tell whose hand was in my pocket—I did not speak to them while they were doing it—they came on me in a moment—I was getting up from the cab as they opened the door—it was not more than a minute after before I saw the cab-man—I do not remember trying to get my money into my purse, nor the girl at the public-house telling the prisoner not to steal my I money.
(George Young a tailor; James Briant, a plasterer; and James Ray, a linkman at the theatre; gave the prisoner a good character.)
GUILTY . Aged 26.— Transported for Ten Years.
2717. GEORGE WARMAN was indicted for stealing, on the 8th of Sept, 6 handkerchiefs, value 6s., the goods of Caroline Warman; and JOHN GATES , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; and that Warman had been before convicted of felony. WARMAN pleaded >GUILTY . Aged 17.— Confined One Year.
CAROLINE WARMAN . I am a widow; I live in Windsor-street, Islington, and am a laundress; the prisoner Warman is my son. On the 8th of Sept. I missed six handkerchiefs which I had to wash—he was lodging with me it the time—next day two of the handkerchiefs were brought to me by my soft William, and the duplicates of three others.
CHARLES WRIGHT (police-constable N 304.) I took Gates—I said, "I want you for pledging some handkerchiefs"—he said, "That is it, is it?"—I know Mr. Greenwood's writing—this is his signature to this examination—I heard Gates state this—(read)—" The prisoner Gates says, 'he came running down the street, and said, 'I have just got some handkerchiefs.' I asked him what he brought them out for; he said his mother had been blowing him up; I pawned them."
GATES— NOT GUILTY
2718. ANN SULLIVAN, HARRIET SETTER , and MARY FLANNAGAN were indicted for stealing, on the 6th of Sept, 26 yards of printed cotton, value 15s., the goods of David Silvanus and another; and that Sullivan had been before convicted of felony.
DAVID SILVANUS . I am a linen-draper, and live in Whitechapel. On the 6th of Sept., the prisoners came to my shop and asked for print dresses—I commenced showing them some, and at the same time they took three dresses off the counter—one of them commenced concealing a dress as soon as she came into the shop—Sullivan then began kicking Flannagan, and said, "Why don't you tie up your shoes?"—I jumped over the counter, and shook Flannagan, and two dresses fell from her—I shook Setter, and a dress fell from her—I found nothing on Sullivan, but she offered to pay for the dress she was looking at—I then gave them a good thumping, and sent them out—these are the dresses—they belong to me and my partner—the prisoners had not been a minute in my shop before this took place.
SULLIVAN— GUILTY . Aged 17.— Transported for Seven Years.
SETTER*— GUILTY . Aged 14.— Confined Nine Months.
FLANNAGAN— GUILTY . Aged 12.— Confined Three Months.
(There was another indictment against the prisoners.)
CHARLES WOOD . I am errand-boy to Mr. Joseph Waite. On the 11th of Sept., a little before eight o'clock at night, I was sitting behind the desk, and saw the prisoner at the door, moving the boots about, which bung inside the shop—he ran off, and I ran after him, calling "Stop thief"—I kept close behind him to Brewer-street till he was stopped—these are my master's boots.
MARY PUTTUX . I live in Eaton-lane, Pimlico. A little after eight o'clock I saw the prisoner running down Brewer-street—he threw one boot away—I took it up and gave it to my husband, who gave it to the policeman—this is the boot—the ticket is on it now.
Prisoner's Defence. I was running the way the mob was; I knew no more than the others did.
GUILTY . Aged 19.— Transported for Seven Years.
RICHARD HUNT . I am in the employ of Mr. Josiah Palmer, a printer, in Savoy-street. On the 15th of Sept. I went into the warehouse with a bundle of paper—I found the prisoner there—he asked for Mr. Palmer—I said he was not in—he then asked for Mr. Stokes, the overseer—I fetched him down—he asked if there was a reader wanted, he said, "No"—he then asked me how long Mr. Palmer would be—I said I could not tell, he might be two minutes or two hours—he said he would wait—he took the cape off the hook, and went out—I went and stopped him with the cape.
Cross-examined by MR. DOANE. Q. Had you ever seen him before? A. No—I said nothing to him about any Macintosh, nor did I offer to sell him one—I have been with Mr. Palmer five years.
NOT GUILTY .
ELIZA HARLAND . I am the wife of William Harland; we live in Robert-street, Commercial-road. About four o'clock, in the morning of the 15th of Sept., I was called up, and missed a quantity of leaden pipe, which was safe at twelve o'clock the night before—it conveyed the water to the butt, and was fixed with holdfasts to the wall—I have seen these pieces which are produced,
they exactly fit the part that is left—I have had a piece sawed off to show how they fit.
JOHN FRIAR (police-constable B 31.) About four o'clock that morning I saw the prisoner bringing this pipe from the court adjoining the prosecutor's yard—he saw me, stepped back and threw it down—I heard it fall—I have examined it with the pipe that is left, and am of opinion it came from there.
Prisoner. I never had it in my hand. Witness. I swear I saw it in his hand.
Prisoner's Defence. I went down there to sleep; I was coming out, and the policeman met me.
GUILTY . Aged 21.— Confined Three Months.
LYDIA PERKINS . I am the wife of James Perkins, and live in Hemlock-court, Carey-street. On the 15th of Sept, the prisoner came to my house—I had occasion to leave the room, and when I came back she was gone—I missed my shawl, which was safe when she came in—this is it—no one else had been in the room.
DAVID WEAVER (police-constable L 28.) I took the prisoner—she said, on the road to the station, that she stole the shawl, but she did not care anything about it; that it was pawned in Holborn, but she could not tell the shop.
Prisoner. I am very sorry.
GUILTY .— Confined Two Months.
Sixth Jury, before Edward Bullock, Esq.
JOHN WEEDS . I live in Museum-street, Bloomsbury. On Monday morning, the 8th of Sept., between twelve and one o'clock, I met the prisoner at the bottom of Oxford-street—we went to a public-house—I staid there from ten minutes to a quarter of an hour—I then went with her to a house in George-street, and staid there from ten minutes to a quarter of an hour—we walked about from that time till between four and five o'clock in the morning, when I went with her again to George-street, and staid till between nine and ten o'clock—I had some money in my right-hand trowsers-pocket—there was no one in the house but the prisoner, I, and the servant, who came up to let us into the room, and locked the door on the outside—when I got up, between nine and ten o'clock, I put on my trowsers, and my money was gone—I accused the prisoner, and she said she had not taken any—I said she must, for there was no one else in the room—I knocked—the servant came up and opened the door—I told her, and went out and got a constable—I am sure I had the money when I went into the room with her—I counted the money after I gave her a half-crown in the room, after the door was locked—I had then 12s. 6d. loose money in my pocket—she said she would show the money in her hand to the landlady's daughter at the door—I said there was a sixpence I could swear to—I knocked the sixpence out of her hand—I took that in my hand before I went for a policeman—it is a sixpence I have had in my possession some months—I gave it to the inspector.
Prisoner. Q. Did you not give me two sixpences and two half-crowns?
A. No—I did not leave you in a public-house, and go out with two girls—I did not see a black man.
JANE HALL . I am the daughter of Mary Hall—she lives at this house, in George-street, St. Giles's. I was there when the prosecutor came—atnine o'clock in the morning I heard a knocking at the door of the room where he and the prisoner were—the servant opened it—the prosecutor said he had lost his money—the prisoner said she had not got it, she would show me what she had got, the prosecutor had given her 6s.—she showed me some silver, which she took from her pocket—she said this gentleman gave her two half-crowns—he knock'd the money out of her hand on the floor, and said he could swear to the sixpence—he pointed out the sixpence, and picked it up—there were two half-crowns in her hand.
Prisoner's Defence. He gave me two half-crowns and two sixpences, and another gentleman gave me 7s. 1d.; he had been in other company after he had been with me; he left me in a public-house; he came back, and said, "I have only 3s., I will pay for the room, and give you a half-crown;" he wanted the money back again in the morning; I said, "It is very hard of you to take my money; if you think I have done wrong, I will stop here, and you bring a policeman;" he said, "If you will give me 6s. I will do nothing;" I said, "I will not."
JURY TO JOHN WEEDS . Q. Were you in a public-house with any females before? A. No—I was sober—I did not leave the prisoner from my meeting her, between twelve and one o'clock, until I missed the money.
GUILTY . Aged 30.— Transported for Seven Years.
GUSTAVUS SMITH . I am a seaman. On Sunday, the 4th of Sept., I met the prisoner, between eleven and twelve o'clock at night—I took her to my lodging—I could not get in, and went with her—I told her I had no money, only enough to get a bed for myself—I had a sixpence and 5d. in coppers—I said, "To-morrow morning I will pay you the rest"—I left the money on the table when I went to bed, and when I awoke, between five and six, she had left, and my watch was gone, which I had put under the pillow at night—my money was gone too, and a handkerchief from my trowsers pocket—this handkerchief, watch, and rings are mine—they are what I had when I went into the room—she had the handkerchief on when I saw her again.
Prisoner. Q. Did you not give me the watch till you brought me 5s.? A. No—I was not tipsy—we did not go into a pie-shop and have supper—you did not leave your handkerchief to pay for it—I did not lend you mine to put round your neck.
WILLIAM BROOKS (police-constable K 384.) The prisoner came to me next morning, and said she had got a watch, and was going to pawn it for 5s.—I asked where she got it—she said she had been stopping with a man in Bluegate-fields—I went there, and found the prosecutor—he said the watch
was under his pillow, and she had taken it away while he was asleep, that he left 11d., which was all he had got, and in the morning he would give her 2s.—I asked the prisoner where the watch was—she said a man named George Patterson had taken it from her, and made his escape—the prosecutor said he had lost a watch, and the prisoner said the watch was given her by him to pawn—the same afternoon I went to No. 2, West's-gardens, Shadwell, and found Patterson on the bed in the second floor—this watch was in his right-hand trowsers pocket.
Prisoner. Q. I came up to you, and said, "Policeman, I don't know what I shall do?" A. Yes—you said you had been sleeping with a young man; he gave you his watch to pawn, and you had had it taken from you—you took me to your room, where the prosecutor was, and then you were taken to the station—you said you were going to bring him back the ticket—you had the handkerchief on your neck when you went back with me.
JOHN M'KENZIE . I am a seaman. On this Sunday night I fell in with Patterson—I passed some time with him—we came out and met the prisoner—Patterson said, "Good morning, Ann"—she came up and said she had got a watch to pawn—I asked her to let me look at it—she did—I gave it her back—Patterson asked to look at it, and she was rather loath to give it him—he took it from her, and said he knew she had stolen it, he would keep it—we went into a public-house and had a pot of ale—they had no money—I paid for it—Patterson sent for a policeman, and then the prisoner sent for one, and then I sent for one—Patterson asked the landlord to hold the watch, he would not—he then asked me, and I would not—the prisoner and Patterson went out together—she said to him, "Jack, you have known me before, let us go and pawn the watch, and I will give you some gin"—I did not hear what he said—they went into a coffee-shop, and he got out at the back door—the prisoner came to me and said, "He is a shipmate of yours"—I said, "I never saw him before."
NOT GUILTY .
2725. CHARLES GLASSOP was indicted for stealing, on the 10th of September, 1 saucer, value 1d.; 3 half-crowns, 5 shillings, 4 sixpences, and 3 groats, the property of Thomas Saunderson; and that he had been before convicted of felony.
THOMAS SAUNDERSON . I live in Flower and Dean-street, Spitalfields. About twelve o'clock on Sunday night, the 10th of September, the prisoner came to my shop—I am sure he is the man—he asked for sixpenny-worth of eggs—my niece, Mary Ann Morley, was sitting on the steps when he came in—she got up, and came on the other side of the counter, and said she had got no eggs—I was in the room, but did not go into the shop—I heard my niece call and went in—the prisoner had then left—I followed and saw him'about fifty yards off running—I caught him about 200 yards off in Went worth-street—I asked him for the saucer of money that he had taken out of my till—he said he had never been in my shop—he walked by my side about fifty yards, he then darted away from me into a lodging-house in Rose-lane—I stopped at the door, and in a few minutes the policeman came by—I told him—he went and brought the prisoner out of the lodging-house—I am sure he is the same person—I did not lose sight of him, except when he went into the house—the saucer was in the till—I had seen it about half-past ten the same evening—it is not here.
MARY ANN MORLEY . The prosecutor is my uncle—I live with him. On Sunday night, the 10th of September, a little before twelve o'clock, the prisoner came to the shop and asked for sixpenny-worth of eggs—I told him I had not got any—as I was going round the counter I saw him open the till
and take the saucer out, in which the money was kept—he put the silver into his hand, and went out of the shop directly with it—I called my uncle—he went after him—I saw him again at the station—he is the same person—I can swear to him—I had never seen him before—I was examined at the office, and put my mark to this paper—it was read over to me (read)—"I am quite sure he is the same man—I have often seen him before."
Prisoner's Defence. I was on the ruins and saw two men running; one of them said, "Give Mr. Saunderson his money;" I said, "What money? I have got no money;" I went home, came out again, and the prosecutor was talking to the policeman; he took me.
GUILTY . Aged 18.— Transported for Seven Years.
JAMES RICE . I lodge at the India Arms, Blackwall. The boatswain of the Robarts brought me 213 cowrie and other shells to take care of for him—I put them in a back parlour in the India Arms—I shut the parlour door and put a chair against it—I went to the tap-room and fell asleep on the bench—Miller awoke me, and told me something—I sent for an officer—the prisoner was there—he had some shells about his bosom—he said he had some shells about him that he took out of the back parlour.
Prisoner. I have not the slightest recollection of it—I was drunk. Witness. He was drunk.
GEORGE MILLER . I lodge at the India Arms—I was in the yard—the prisoner came in on the 12th of September—he fell asleep against the palings—I said, "What have you got in your bosom?"—he said, "Nothing particular"—I said, "You have got some shells, let us look at them"—I said, "Did you buy them?—what did you give for them?"—he said, "I had them given to me freely."
NOT GUILTY .
ESTHER TOMLIN EVERETT . I am single—these are my shoes—I lost them on the 8th of Sept., from the show-board in front of my shop, at half-past eight o'clock in the morning—I had put them out at a quarter-past seven.
JOHN JENKINS (police-constable.) At eight o'clock in the morning of the 8th of Sept., I saw the prisoner running with these shoes under his jacket—I caught him—one of them dropped—there was another boy with him, who got off—the prisoner said he saw a boy steal them, and he was running after him; but he was before the other boy when I stopped him.
JURY. Q. Which dropped the shoes? A. I do not know—they fell from one of them; but previous to that, I saw the prisoner give something about the size of these shoes to the other boy.
Prisoner's Defence. I was going up Long-alley, and a person said a boy had got a pair of shoes; I ran after him.
NOT GUILTY .
JAMES WILLIAM GRIFFIN (Thames police-constable.) About half-past ten o'clock in the morning of the 15th of Sept., I was at King Edward-stain—I saw both the prisoners—Lane was on the gunwale of the barge Minton, the property of Mr. John Irving and another—he landed some lumps of coal from the barge to Duggan who was on shore—there was another boy who got away—I put my boat ashore and met them—they saw me—Lane dropped the cann he was carrying, and ran off—when I got ashore he had left the barge—the officer went round and took Duggan—I caught Lane—he said he should not have done it, only the other two boys told him—Duggan said he wanted them to take to his mother.
JOSEPH SHAIN (Thames police-constable.) I saw Lane get on the barge and chuck several lumps off; he then got down, and was taking the coals in a cann—they ran off—I took Duggan, and Griffin took Lane.
Duggan's Defence. A boy told me to go down by the water side; I thought there was no harm in it.
DUGGAN— GUILTY . Aged 11.
LANE— GUILTY . Aged 11.
Recommended to mercy— Confined Fourteen Days.
ISIDORE LIVINSON . I am an outfitter, and live at Charing-cross. On the 31st of Aug., the prisoner came to my shop, and required an outfit to the East Indies for herself—I took her order—I placed my order-book before her—she wrote her name and address—the book is not here—she told me her address, "Miss Horton, 12, Paragon, New Kent-road"—she ordered a ladies outfit; shifts, night-gowns, and other things—she afterwards said she had been recommended by the Honourable Henry Berkley, of Spring Gardens—she requested to look at some silk handkerchiefs, that she might show them to her intended, who was a Captain in the 75th Regiment of Madras Infantry—I showed her about one hundred—she picked out three first and then six, and asked my permission to take them and show them to the captain—she took them with the understanding that she was to bring them back the following morning, whether approved of or not—she said so—I did not mean to part with them at that time; only while she showed them—she turned round, and saw some satin scarfs, and took one of them—she did not come back next morning with the handkerchiefs—I did not see her again till she was in custody four days after—these are my handkerchiefs—they have my private mark on them, and are what I let her have to show to the captain.
MARY FELSTON . I am in the service of the prosecutor. On the 31st of Aug., when the prisoner left the shop, I followed her to the house of a Mr. Priest, a pawnbroker, in Long-acre—she went in—she had a parcel with her, and when she came out she had none—she went down the Strand to a confectioner's, and then to a public-house—I then left and went home—on Sunday, the 3rd of Sept., she called at my master's, and asked if my master
was at home; I told her no—she asked me to let her wait—I refused—she said she would send a servant on the following day, but no servant came.
MARMADUKE LEMAGE . I am in the service of Mr. Priest, a pawnbroker, in Long-acre—in the afternoon of the 31st of Aug., the prisoner pawned these handkerchiefs and a scarf for 18s., in the name of Ann Horton, Mount-row.
CHARLES OTWAY (Inspector of the A division.) The prisoner was brought to the station on Sunday evening, the 3rd of Sept.—I asked her name and address—she gave Hannah Augusta Hipsley, No. 12 Mount-row.
Prisoner's Defence. I am innocent of any intention of defrauding. If I had not been taken I should have paid my bill on the Monday; I was going that day to a friend for it; I never said Mr. Berkley was going to pay for them, but gave his name as a reference of respectability for their taking my order; there was no promise of returning the goods; when I pledged them I considered they were my own; and having lost my purse and 15s. the night previous, I thought no harm in pledging them; I called on the Sunday, to explain why I had not been; I saw the servant.
GUILTY .* Aged 32.— Transported for Seven Years.
JOHN SEDGWICK WILLIAMS . I live in South-street, Marylebone. About two o'clock in the morning of the 12th of Sept., I was going along the New-road—the prisoner caught hold of my collar, and wished me to come home with her—I said I was going to my own home—I had two half-crowns in my waistcoat-pocket before I met her—she lifted up the corner of her gown, and one half-crown dropped—I picked it up—I felt in my pocket, and missed both my half-crowns—I called a policeman, and gave her into custody—I know my half-crowns were safe three minutes before.
GEORGE JAMES (policeman.) I was in the New-road—I saw the prisoner and the prosecutor standing together opposite, in close conversation—the prisoner then lifted up the corner of her gown, as if putting something into her pocket, and a piece fell, which sounded like silver—the prosecutor accused her of stealing two half-crowns, and called "Police"—I went over, and he gave her into custody—she denied it, and said it was her own money, she had none of his.
ELIZABETH CHAPMAN . I am the wife of Edward Chapman, a policeman. I am employed to search females at the station—I found on the prisoner a sixpence, a key, and a thimble, and in the foot of her right stocking a half-crown—she said, "Don't take it from me, it is my own; it will be very unkind if you do."
GUILTY . Aged 40.— Confined Four Months.
HENRY JOSEPH KING (Thames police-constable, No. 30.) I was on board a vessel at Ratcliffe-cross, on the 14th of Sept, and I saw the prisoner walk along the shore to the Sarah coal-barge—he got into it, and threw off several pieces of coal, then broke them up, and took them on his back—I walked round, and met him with them.
(The prisoner received a good character.)
GUILTY. Aged 12.—Recommended to mercy. — Confined Fourteen Days.
SOPHIA VOLLER . I live with my father, at Ratcliffe. On the 6th of Sept. I was at home, alone—Morgan and Craven came to our house with nine pigeons—they asked if we wanted to buy them—I said my father would be at home about eight o'clock—they left these eight pigeons, and took one away, and I told them to come about eight—they came again about half-past nine, and I sent them to Lucas-street, where my father was at work.
Cross-examined by MR. HORRY. Q. Who spoke to you? A. Morgan, and then Craven—I am sure of that.
JOHN VOLLER . I am a bricklayer, and live in Parnham-place, Ratcliffe. On Wednesday morning, the 6th of Sept., I was at work at a house in Lucas-street, near my own house—Craven and Morgan came to me—Morgan came up the ladder, and said, "Will you buy those pigeons?"—I said, "Yes, what do you ask for them?"—he said 5s.—there were eight of them—I asked where they lived, and whose they were—Morgan said they belonged to his brother, in Bethnal-green—I went with them to my own house, and said I would go and see where they lived—I noticed a mark on the third feather of the wing of the pigeons—I said they should neither have the pigeons nor the money unless they could tell me the mark—they could not, and went away—I gave information, and they were taken—these are the eight pigeons.
GEORGE SMADDEN (policeman.) I received information, and found Craven on Thursday—I asked him if he had sold any pigeons to Mr. Voller—he said no, he knew nothing about any pigeons—I took him to Voller—he said he was the boy that brought them—I took him to the station, and found Morgan—I asked if he had sold any pigeons—he said no—I asked if he knew Craven—he said no, and he knew nothing about the pigeons—I took him to Voller, and then to the station—next morning I was taking Morgan to the office—he said Connelly was in it, and he would take me to the place; that they all got over the fence about two o'clock, remained till four, and took the pigeons; that there were sixteen of them; they took nine to Mr. Voller, and eight to another person.
MORGAN— GUILTY . Aged 15.— Confined Four Months.
CRAVEN and CONNELLY— NOT GUILTY .
JOSEPH WADE CANHAM . I am a draper, and live in Earl-street, Seven-dials. About seven o'clock in the evening of the 18th of Sept. I saw the prisoner inside my door without a cap—she took eight yards of Saxony cloth from the door and went off with it—I went after her—I lost sight of her in turning a corner in Monmouth-street—I saw her again at a quarter to nine in the evening, when she was taken—I have seen her passing, and knew her person—I have never seen the cloth since.
CHARLES GILLMAN . I am in the employ of Thomas Griffiths, a coal-dealer, in Monmouth-street. About seven o'clock in the evening of the 18th of Sept., I saw the prisoner with a gown-piece doubled up in her apron—she
made off with it—she came in a direction from the prosecutor's shop, and was doubling the gown-piece up.
Prisoner. You have been in prison several times, and have been convicted; you have a spite against me. Witness. I never spoke three words to her in my life; I have never been convicted.
GUILTY . Aged 19.— Confined Four Months.
JOHN WILSON . I am a porter, and live in Albemarle-street, Clerkenwell. The prisoner was living with me—I took care of her—her father and mother are dead. About eleven o'clock on the 15th of Sept., I missed a half-crown, a sixpence, and four shillings from my purse—I had seen them safe at eleven the night before—I spoke to her about it—she denied it—when my wife came in she owned to her that she took a half-crown out of my pocket, and had hid it in the water-closet, but we could not find it—the officer took her to the station; he then came back to the room and found 4s. under a box—next morning, under the sill of the water-closet I found three half-crowns.
GEORGE PUTMAN (policeman.) I apprehended the prisoner—she denied having taken any money, and then owned she put it into the water-closet—I found three half-crowns and three shillings in the water-closet—she said she put it at the top, over the door.
Prisoner's Defence. I am not guilty of taking any money besides the half-crown; when I went to show where I had hid it, it was gone.
GUILTY . Aged 13.— Confined Fourteen Days.
NEW COURT.—Friday, September 22nd, 1843.
Sixth Jury, before Mr. Common Sergeant.
2735. JOHN SCOTT and WILLIAM GARROD were indicted for stealing, on the 22nd of Aug., 124lbs. weight of oil, value 1l. 11s.; 1 cask, 2s.; 14 hoops, 4d.; and 1 chain and hook, 7s.; the goods of Frederick Pembroke Jones, and others.—2nd COUNT, stating them to be the goods of Frederick Pembroke Jones.
MR. CLARKSON conducted the Prosecution.
FREDERICK PEMBROKE JONES . I am a soap-manufacturer, and live in Dock-street, Rosemary-lane. The prisoners were in my service—Scott was discharged last November, and Garrod last May, since which he had no business on my premises—Scott was occasionally a collector of rough grease, and used to bring it to us for sale—I have missed a quantity of property—I sleep at the other end of London—I go to the factory in the morning, about eleven, and leave about four, five, or six—the prisoners knew that—when I arrived on Wednesday morning, the 23rd of Aug., Pitman, my foreman, gave me information—I sent for an officer, and had the two prisoners apprehended—I had a quantity of palm-oil and tallow-oil—it was bought for use—I had not directed any one to sell any.
Cross-examined by MR. BALLANTINE. Q. Is Ferina in your employ? A. Yes, I have a carman and two other men—Ferina is chemist to the establishment—he is in the habit of giving directions.
Cross-examined by MR. DOANE. Q. Have you any other partners? A. Yes.
CHARLES PITMAN . I am the prosecutor's foreman. On Tuesday, the 22nd of August, I was up stairs, by the boiler in the factory, about four o'clock in the afternoon, and heard a noise below—I looked down, and saw Scott wheeling a tub of oil along the floor—I had been to that tub before, and had taken oil out to trim the lamps—he wheeled it from the soap frame to the outer gate, in Dock-street—I went down, and found Scott had got the cask in his arms, on the outer step; he was going to lift it into a truck, and Garrod was holding the handle of the truck up to receive it—I said to Scott, "What have you got there?"—he said, "Only a little water, which belongs to me"—I said, "It is not water, it is oil; I have had some out to trim the lamps"—he said, "Nonsense"—I said, "I am positive it is oil, for Mr. Ferina saw me take some out"—he then said, "Well, if Mr. Ferina has seen it I will put it back"—he wheeled it back again to the soap frame, where it was taken from—he then wanted me to have some beer—I said, "No"—he went away, and said, "For God's sake, don't mention it to them up stairs," meaning the other two men—I saw some iron hoops in the truck—I said, "They don't belong to you"—he said they were not worth 4d.—I told Garrod they did not belong to Scott, they must be put back again—Garrod said, "Well, if they don't belong to him I will put them back, of course"—there were fourteen iron hoops in the truck, and an iron chain and hook—they belong to my master—I said I could not let anything go off Mr. Jones's premises without his knowledge—Garrod said, "Very well"—he was at the truck all the time—we had been clearing the place, and had put the hoops all up together—when I took the things out of the truck, and Garrod helped me to put them on the floor of the factory, he said he had been hired by Scott; he had been moving goods for Scott all day—he knew Scott had been in Mr. Jones's employ—I did not know what to do—I knew both the men, and I let them go—as soon as Mr. Jones came next morning I told him, and, by his direction, I got a policeman, and went after the prisoners—Scott was taken that morning, and Garrod in the evening.
Cross-examined by MR. DOANE. Q. I believe you told Garrod, if anything turned up to belong to Scott you would mention it to Mr. Jones, and have it laid aside? A. Yes.
Cross-examined by MR. BALLANTINE. Q. What is this stuff? A. Tallow oil—it is worth about 28s. a cwt.—this cask contains about 1cwt. 12lbs.—my employers do not sell it—it was bought to use—Scott had no dealings with Ferina that I am aware of—I have not known him take things by Ferina's direction—I heard him say, at the police court, that Ferina had given him permission to come on the premises when he liked—I have seen Scott in conversation with Ferina a few times—the last was about two months before—I have not seen Scott after these conversations take away articles—Ferina is superintendent—he gives us orders—I know nothing of Scott, except by seeing him there—I believe he generally collects curriers' grease—this stuff is never used, except for burning.
Cross-examined by MR. BALLANTINE. Q. Did you use the expression tallow oil? A. No, palm oil and other goods.
Cross-examined by MR. DOANE. Q. I believe Garrod said, "You can't hurt me for this, I was employed by Scott to remove it?" A. Yes—he said
that he was glad to earn a shilling with his truck, and he had removed a great many things for Scott.
SCOTT— GUILTY . GARROD— NOT GUILTY .
2736. JOHN SCOTT and WILLIAM GARROD were again indicted for stealing, on the 22nd of Aug., 5641bs. weight of palm oil, value 7l. 11s.; and 2 casks, 10s.; the goods of Frederick Pembroke Jones and others.—2nd COUNT, stating them to be the goods of Frederick Pembroke Jones.
MR. CLARKSON conducted the Prosecution.
FREDERICK PEMBROKE JONES . I am a soap-manufacturer in Dock-street; I have partners. The prisoners had been in my employ—Scott came occasionally to collect rough grease—Garrod had no business there—I had missed palm oil, and had ordered the two prisoners to be taken—I have since seen some palm oil produced from Mr. Price—one of the casks bears my own name, written in chalk—there is 564lbs. weight of oil and two casks—I have no doubt that it is mine.
CHARLES PITMAN . I am the foreman. I made the discovery in the former case—I asked for the explanation, which I received, and allowed the prisoners to go—the next morning I caused them to be apprehended—when I stopped them with the tallow oil neither of them said one word about the palm oil—I saw the tallow oil going about four o'clock, and afterwards, from information, I went to Mr. Price's with the policeman—I saw two casks there containing palm oil—I knew both of them by marks—one had the name of Jones on it, written by myself in chalk—the letters were quite visible—the other I knew by some figures on it—I was not aware these casks had been taken till the next morning, the 23rd, and then I mentioned it to my master—I had seen the oil safe about nine o'clock the previous morning, in three casks—it has been changed, and put into two casks—one of the casks in which I found it at Price's was not one of those that it was in on my master's premises—I saw the truck outside in Dock-street, on the premises, and had not seen Garrod on the premises for some time.
HENRY PRICE . I am a soap manufacturer, and live in Princess-square, Ratcliff. I have known Scott some months, and have been buying grease of him—on the 22nd of Aug., about seven o'clock, he came to my place and said, did I want to buy any palm oil?—I was in a hurry, and said, "Not at present"—he said he would be glad if I would take it—I said I was very busy and could not attend to it—he said it was worth my buying—I said, "What is the price?"—he said he had been in the docks all day clearing out a ship. and wanted some money to pay the men he had employed, and the price was 24s. a cwt.—I asked if that was the lowest—he said he must take 23s.—I said that was a very high price, if it was scrapings—he said it was a good lot, and worth my buying—I said he might bring it—he and another man brought it in, and weighed it themselves—I did not observe it myself and did not see the name of Jones on the cask—the other was a man similar to Garrard, but I could not say that it was him—I gave Scott 4l. on account, and he was to call in the morning—the other man was not present—he was outside, and had charge of the property in the yard—I delivered the same oil to Mr. Jones's foreman.
on duty in Mr. Price's soap manufactory—I saw Scott and Garrod come there with a truck, and two casks of palm oil.
JOHN SHEERER (police-constable H 184.) I received information on the 23rd of Aug.—I apprehended Garrod at his house, in Meeting-house-alley, Wapping, about seven o'clock in the evening—I told him I took him on suspicion of stealing palm oil, and other property belonging to Mr. Jones's factory, with another man named Scott—he said he knew nothing of it, and asked me to allow him to get a cup of tea, which I did—I saw a truck standing there, and some marks of palm oil on the bottom of it, and asked him if he had not had palm oil in his truck—he said, "Yes,"—when he came out he said, "I don't think they can hurt me; I was employed by Scott to remove it, and we removed it to Price's; I do not know whether he stole it or not."
Garrod's Defence. Scott employed me, and I went about seven o'clock in the morning, and moved some goods—we then went to the soap-house—I took the truck to the gate, and then this transaction took place about the hoops and things—I went home—Scott came and said, "You have not done work, you must come back"—I went to the London Dock entrance, and found a man standing by two tubs of oil—he said, "Load these, and take them to Mr. Price's shop"—I went there—Scott went in—I waited outside, and went and had a pint of beer—Scott and a man brought me the track, and paid me 5s. for the day's work; I had no more thought of its being stolen than I thought of flying.
SCOTT— GUILTY . Aged 21.
GARROD— GUILTY . Aged 46.
Confined Eighteen Months.
MART ANN HACKER . I am the wife of William Hacker, a stationer, in Margaret-street, Clerkenwell. On the 14th of Sept, the prisoner came to the shop for a sheet of writing paper—I served him, and he went out—I left the shop, and in a quarter of an hour I came in again, and saw the prisoner putting something into his pocket—I said if he did not pull it out I would give him in charge—he then pulled out one shawl, I said he had got something else, and he pulled out the other shawl, threw it at me, and ran out—I pursued, and a gentleman stopped him—he struck me two or three times in the mouth—these are my shawls—they had been behind the counter—he must have gone round, or have reached over to get them.
Prisoner. My pocket would not hold them. Witness. I saw him pull them both out—I had folded them up half an hour, before, and put them behind the counter.
GUILTY . * Aged 25.— Transported for Seven Years.
BENJAMIN BLIGHTON . I live in Duck-lane, Westminster. I had a wheelbarrow worth 3l.—I missed it on the 23rd of Jan.—I spoke to the prisoner—he said it was at Mr. Wade's, and he had sold it him—I went to Wade's, but he had sold it.
Cross-examined by MR. HORRY. Q. Where did you see the prisoner? A. When he was locked up in Worship-street.
GUILTY . * Aged 21.— Confined Nine Months.
2739. FREDERICK BOILEAU was indicted for stealing, onthe 17th of Sept., 2 leaden weights, value 6s.; 1 brass screw-key, 10s.; 1 file 1s.; 1 knife, 5s.; 4 brass instruments, 2l.; 4 pieces of brass, 1l.; and 6 pieces of sheet copper, 1l.; the goods of the Polytechnic Institution.
MR. BODKIN conducted the Prosecution.
STEPHEN OVENDEN (police-constable D 80.) On the 17th of Sept. I was in Welbeck-street—I met the prisoner and another man coming from Wigmore street—they looked bulky about their pockets—I noticed them, and they went to a beer-shop in Marylebone-lane—I followed in and found them at the bar—I asked if they had anything about them—the other man said, "Nothing"—I searched him, took them both to the station, and found this, property in the prisoner's jacket and trowsers' pockets—I asked where he worked—he said he should say nothing—I asked the same of the other man, and he gave the same answer.
Cross-examined by MR. BALLANTINE. Q. Is any person here who saw you find these things? A. No—I never got into any scrape in my life.
WILLIAM PHILLIPS . I am an engineer in the employ of the Polytechnic Institution. These articles are parts of machines that are in that Institution—the prisoner was employed there, and left between four and five o'clock that afternoon—I did not see him leave—the usual time of their leaveing is at six, but this was on Sunday, when they leave earlier—this one article I could not supply under 30s.—these are all parts of engines.
(The prisoner received a good character.)
GUILTY. Aged 50.—Recommended to mercy. — Confined One Year.
2740. ROBERT PICKERSGILL was indicted for stealing, on the 17th of Sept., 2 leaden weights, value 6s.; 1 brass screw-key, 10s.; 1 file, 1s.; 1 knife, 5s.; 4 brass instruments, 2l.; 4 pieces of brass, 1l.; and 6 pieces of sheet copper, 1l.; the goods of the Polytechnic Institution.
MR. BODKIN conducted the Prosecution.
STEPHEN OVENDEN (police constable D 80.) On the 17th of Sept. I saw the prisoner with Boileau—they went to Marylebone-lane, and I followed them into a beer-shop—I asked the prisoner what he had got about him—he said, "Nothing"—I lifted up the front of his waistcoat, and saw these two weights, one in each of his trowsers' pockets—I then took him and Boileau to the station—on the way I saw the prisoner take this weight out of his lefthand trowsers' pocket, and pass it behind him to a boy, who gave it to me—at the station, I took this other weight from his pocket, searched his other pockets, and found these other things.
Cross-examined by MR. BALLANTINE. Q. Is the boy here? A. Not to my knowledge.
WILLIAM PHILLIPS . I am an engineer in the service of the Polytechnic Institution. The 17th of Sept. was the first Sunday after the repairs had begun—the prisoner was employed on the premises by the contractor—the directors wished the work to be finished on the Saturday night, but the men did not do it—these things are the property of the Polytechnic Institution.
Cross-examined. Q. Was that the first Sunday they had worked? A. No—hands are sometimes employed on a Sunday, but it is against the wish of the directors—I know these things by having frequently used them, and by their being painted to order.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy. — Confined Six Months.
JOHN RIDDLE . I keep a chandler's shop, in Cambridge-terrace. On the 9th of September I was in my room looking at my watch—the prisoner came in and called for a pint of beer—another man was with him—I went into the back yard and returned directly—the prisoner was then gone, and I missed my watch—I ran out, and followed them almost to the Elephant and Castle—they ran away when they saw me—I have not found my watch.
Cross-examined by MR. HORRY. Q. You lost sight of them by the corner? A. Yes—I cannot tell how far they were before me—as I ran some one cried out, "They have thrown it over the wall"—the prisoner went to the station quietly—he and the other man could have knocked me down if they liked, but I told them I would give them in charge—I saw another man running after them.
Cross-examined. Q. Have you got a counter? A. Yes—he went round the counter—I was drawing the beer, and he came out and went away immediately—I had seen him and the other man come together on the Friday night before.
(Edward Roberts, a carpenter, gave the prisoner a good character.)
* GUILTY . Aged 20.— Transported for Seven Years.
WILLIAM M'PHEESON . I am errand-boy to Thomas Read, of Sidney-place, Commercial-road. On the morning of the 16th of September, about eleven o'clock, I saw a woman looking at some shoes which were hanging on an iron—a woman came up, and began talking to her—the other then went inside to buy a pair of shoes—the prisoner took these boots off the iron—she walked away, and I went and took them from her.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Ten Days.
CHARLES O'SHEA . I live at Pimlico. On the 16th of September, about four o'clock, I was playing about the canal—I took my boots off, and put them under the bridge—I began to wash my feet—the prisoner came and took the boots, ran away and hid them—a young lad brought him back, and he showed us where the boots were hid.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 17.— Confined Three Months.
2745. RICHARD THOMAS was indicted for stealing, on the 13th of September, 9 yards and a half of printed cotton, value 6s.; the goods of John Joseph Summer M'Minn; and that he had been before convicted of felony.
the afternoon, I received information and missed a piece of cotton—I went to the door, and saw the prisoner crossing from our shop—I went after him, and he had this piece of cotton, which is my father's.
GUILTY . Aged 14.— Transported for Seven Years.—Parkhurst.
ELIZABETH BARNETT . I am the wife of John Barnett, and live in Upper Charlton-street, Fitzroy-square. The prisoner came to lodge with us, and left on the 1st of July—on getting up that morning I missed a shawl from chair by the door—I had seen it safe the night before—next day I missed another shawl out of the drawer—these are my shawls.
Prisoner's Defence. I bought the two duplicates; my present imprisonment is from a detainer lodged against me on dismissal from Cold Bath-fields, where I had served two months.
* GUILTY . Aged 29.— Confined Eighteen Months.
2747. WILLIAM BROUGH was indicted for stealing, on the 28th of September, 13lbs., weight of nails, value 12s. 6d., the goods of William Pitcher, his master, in a certain vessel in a certain port of entry and discharge.
CHARLES LANGLEY . I am foreman to Mr. William Pitcher, a ship builder at Blackwall—the prisoner was in his employ—he was repairing a ship in the East India-dock—we had a particular sort of nails there—the prisoner had no business with them—I received information, and missed about four dozen nails—the nails used on board that ship correspond with those now produced—they are composition.
Cross-examined by MR. PAYNE. Q. On the day previous to your examination were the nails in a bag on board? A. Yes.
JAMES HESELTINE . I am an officer—I stopped the prisoner going out of the export gate—I found 13 1/2 lbs. of these nails in the pockets of his jacket, waistcoat, and trowsers—I asked where he got them—he made no reply.
(The prisoner received a good character.)
GUILTY. Aged 40.—Recommended to mercy. — Confined Three Months.
2748. GEORGE SMITH and JAMES DRISCOLL were indicted for stealing, on the 9th of September, 25 yards of printed cotton, value 12s.; and 1 handkerchief, 3s. 6d., the goods of Thomas Pratt; and that Driscoll had been before convicted of felony.
RICHARD BIRKETT . I live with Mr. Thomas Pratt, a linen draper, in Tottenham-court-road—on the 9th of September the two prisoners came and asked to look at a shirt—I asked whether they would like a white or a
coloured one—I showed them one, and Smith said that was not the pattern—I brought another at 1s. 6d.—they offered 1s. 3d. and bought it—they left—the policeman came afterwards and I missed twenty-five yards of cotton and a handkerchief—these are them—I had seen them safe ten minutes before they came.
Cross-examined by MR. HORRY. Q. Is not this a common pattern? A. We had no other like it—a young man had been showing this to a customer ten minutes before—Smith bought the shirt—it was about eight o'clock on Saturday night.
JOHN SIMS HANCOCK (police-sergeant E 12.) About a quarter past eight that night I saw the two prisoners in Percy-street, close by the prosecutor's, going towards Mary-le-bone—Smith was carrying this print and handkerchief, and Driscoll was carrying this shirt in a paper—I followed and caught them in Union-street—when I seized them, Smith kicked me violently—Driscoll got from me, but I caught him again, put him into a shop, and secured them—they said they came from Pimlico—Smith said they had picked them up in Euston-square, and Driscoll said what Smith said was true—Driscoll seemed as if he was going to hand his parcel to Smith—I found this other handkerchief on Smith's neck at the station.
SMITH— GUILTY . Aged 16.— Confined Six Months.
DRISCOLL*— GUILTY . Aged 14.— Transported for Seven Years—Ship.
HANNAH NEWSOM . I am the wife of Samuel Frederick Newsom—the prisoner was in the habit of coming to our house—the last time was on Saturday, the 9th of September—on the 14th I missed these articles, which are mine.
EMMA TOWNSEND . I am the searcher at the station—the prisoner said the had been driven to take these things, and that she had pawned one at Mr. Dexter's, the others at another place, and torn the tickets up.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy. — Confined Two Months.
FREDERICK WILLIAM CLOAKE . I am shopman to William Gilbart, of Tottenham-court-road—the prisoner came to his shop on the 14th of September—Allard spoke to me—I stopped the prisoner near the door, and found on her this bit of soap, which is my master's.
PHILIP ALLARD . I live in Rathbone-place—I was in the prosecutor's stop—the shopman turned his back, and the prisoner put her hand into the soap-box, took a piece out, and put it in her apron—I told the shopman.
Prisoner. I hardly knew what I was about.
(The prisoner received a good character.)
GUILTY . Aged 52.— Confined Ten Days.
JOHN HULM . I am a clerk, and live in Gillingham-street, Pimlico. I left the counting-house about four o'clock on the 16th of Sept.—I was absent about ten minutes—I came back, and saw Pile coming out—I missed my coat—I saw it again in Aird's possession—this is it.
JAMES AIRD . I live in Hinton-street. At half-past four o'clock, on the 16th of Sept., I was passing the prosecutor's house, and saw Pile drop this coat about twenty or thirty yards off—I had seen him come out of the prosecutor's house with it—Chard was with him—he was four or five yards from Pile when he dropped it, and he said to Pile, "Pick it up, you b—fool, and come along"—I am sure of that—I took the coat up, and said, "Who owns this?"—the prosecutor came and saw it—Chard walked on to the other side of the way, as if he had nothing to do with Pile.
Chard. You stated at the office that I was twenty yards off when Pile came out. Witness. Some boys threw a stone and hit my leg—I called out "Hoy"—Pile dropped the coat, and ran off—I swear Chard said "You b—fool, pick it up, and come along"—Pile said at the office, "He sent me in for it."
Chard. I got up to Pile, and I said, "What are you running for? he said he picked up something, and they were running after him. I walked along after Pile to the station, and they took me.
Pile's Defence. I was coming along, and saw the coat at the door; I took it; I heard the witness call out, and laid it down; I never offered to run; the gentleman came after me, and then I ran a little way; I never said Chard sent me in for it.
PILE— GUILTY . Aged 16.— Confined Six Months.
CHARD*— GUILTY . Aged 19.— Transported for Seven Years.
2752. ANN DUFFEY was indicted for stealing, on the 19th of Aug, 1 pelisse, value 10s.; 1 gown, 7s.; 3 yards of lace, 2s.; 4 aprons, 2s.; 1 shirt, 3s.; 1 shift, 2s. 6d.; 2 petticoats, 2s.; and 1 bed-gown, 2s. 6d.; the goods of Abel Staite; and 1 pair of stays, 7s.; the goods of Emma Diamond.
MARY ANN STAITE . I am the wife of Abel Staite. On Saturday evening, the 19th of Aug., I went up stairs, and missed a pelisse, gown, and other things, which are here, and are all mine—I have seen the prisoner in our shop.
GUILTY . Aged 16.— Confined Three Months.
(There was another indictment against the prisoner.)
Prisoner. I did it through distress.
GUILTY . Aged 22.— Confined Three Months.
CHARLES HAINES JUTSOM . I am foreman to Thomas Graham and others, pawnbrokers. On the 18th of Sept. I received information, crossed the road, and caught the prisoners—Hill dropped this cotton, and tried to cover it with her gown—I put my foot on it, and called the policeman—I gave the prisoners in charge—Carson was just before Hill—Carson said, "Julia, you have got me into a nice muddle. "
(The prisoners received good characters.)
HILL— GUILTY . Aged 17.
CARSON— GUILTY . Aged 17.
Confined Three Months.
CHARLES HAINES JUTSOM . I am foreman to Thomas Graham and others, pawnbrokers, Commercial-road—these two coats are theirs. On the 14th of Sept. they were safe outside a very few minutes before I missed them—I ran out, crossed the road, and saw the prisoner up a court, pulling off his own coat, and putting one of ours on—there was another man with him, who got away—each of them had one coat—these are the coats—one of them has the ticket on it
Cross-examined by MR. PAYNE. Q. Who is Mr. Graham? A. He and his partners are retired, and live at Bath and Bristol—they all employ me.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Three Months.
HENRY FOWLER . On the 16th of Sept., I was informed the prisoner had taken something—I followed, and found this shawl hid under her shawl—it belongs to Thomas Graham and others—it had been hung up not ten minutes before.
Prisoner. I picked it up.
GUILTY . Aged 46.— Confined Three Months.
HENRY FOWLER . On Saturday the 8th of July, the two prisoners came to buy a pair of shoes at my employer's shop, at half-past eleven o'clock at night—life they were conversing about the shoes, the younger prisoner took a pair of shoes and put them into a basket—knowing the mother for ten years, I did not suspect her—I left the shop, and when I returned they had left—I followed them down the Commercial-road—I taxed the mother with it—she denied it—I then took the basket and found the shoes in it—the mother said, "Pray Henry have mercy"—I took them back to the shop—my wife interceded for the prisoner, and I forgave her—these shoes are the property of George Gray Williams.
Eliza Cochrane. I was not aware of what the child did.
Witness. She put up her foot, having a baby in her arms, which screened the child while she put the shoes in the basket.
NOT GUILTY .
HENRY HARNETT . I am shopman to Thomas Graham and other. On the 13th of Sept. I saw the prisoners—Eliza Cochrane the younger was looking at some things—I had received information, and was on the look-out—I saw the mother hold up two gowns, so that the daughter was complete hid behind them—I went in, came out again, and the prisoners were gone—I went after them, opened the basket and found this shawl, which is my employers'.
ELIZA COCHRANE— GUILTY . Aged 36.— Confined Nine Months.
ELIZA COCHRANE, JUN.— GUILTY. Aged 11.— Judgment Respited.
2759. MARGARET O'BRIEN was indicted for stealing, on the 19th of Sept., 3 half-sovereigns, 3 half-crowns, 26 shillings, 5 sixpences, 1 penny, 2 halfpence, and 1 farthing, the monies of William Riley, from his person.
The prosecutor did not appear.
NOT GUILTY .
SARAH HALL . I am a widow, and live in Fair-street, Stepney. I had some calico and cotton on the 19th of Sept.—it belonged to my son, Thomas Marvin, and it was in a shed—I saw it safe on the night of the 18th of Sept.—this is it.
SIMON WILSON (police-constable K 230.) I took the prisoner about a quarter to eight o'clock on the evening of the 19th of Sept.—he was in charge of Viton—I found six tiles had been removed from the roof of the shed—I found on the prisoner these four toys and this other property—this calico and cotton were on the roof of the shed—I went into the shed, and found he had got a step-ladder and put it up to the roof—he said it was the first time he had ever been there.
BENJAMIN VITON . I heard the rattling of the tiles, and saw the prisoner ascending out of the top of the roof—I asked what he was doing—he said, "Nothing"—I took him, and sent for the officer—these things were tied up in two bundles; one was on the tile and the other by the prisoner's side.
GUILTY . Aged 16.— Transported for Seven Years—Parkhurst.
Fifth Jury, before Edward Bullock, Esq.
EDWARD EVERETT (Thames police-inspector.) On the 16th of Sept., about twelve o'clock, I was searching the house of Pickle, a marine store dealer, at Green-bank, Wapping—the prisoner came there with twenty empty sacks—he said, "Let me leave these things here till I come back"—he threw them down—I asked how he got them, and he ran away—I fetched him back, and asked how he got them—he said a man named Newman gave them to him—I went to the prosecutor, and then to Newman—I took him to the station, and in the prisoner's presence, asked if he knew any thing about the sacks—he said they were some of their sacks—I understood that Newman was in the service of Mr. Hinkley—the prisoner said that Newman gave him the sacks—Newman denied it.
MORRIS WALTER I am a coal-whipper, and live in Dyer-street, Gravel-lane. Between twelve and one o'clock I was passing Mr. Hinkley's house—I saw the prisoner sitting on the step of the door, and three or four men round him—I stopped, and asked if he had any work—he said, not at present;
he expected some in an hour or two—Newman then came to the door, and asked him to carry a bundle of sacks and go towards Howard's wharf—the sacks were very much like these—I went part of the way with him, and then left him.
EDMUND EDWARD HINKLEY . I am a lighterman, and live in High-street, Wapping. The prisoner was employed by me some years, but not on this day—I have been in the habit of leaving Newman in charge of ray warehouse, and he has to get other men to assist him at times—these are my sacks.
NOT GUILTY .
THOMAS CRESSWELL . I keep an eating-house, in Church-lane, White-chapel. About half-past four o'clock, on the 19th of Sept., the prisoner came and asked for a halfpenny worth of potatoes—I served him—I turned round and saw him drawing bis hand off the counter—I then missed my steel—I went after him five or six doors—I said, "Give me my steel"—he said he had not got it; I might search him—I put my hand on his smock frock and felt it—I took him back—he drew it out, and said he found it on the counter; and then lying down.
Prisoner. I picked it up against the counter.
GUILTY . Aged 16.— Confined One Month.
SARAH SODER . I live with my mother, in Griffith's-rents. I was in the service of John Rampling—on the 4th of July he gave me a 5l. note, two sovereigns, and a half-sovereign, to get 1 3/4 oz. of gold-dust from the refiners in Old-street-road—I left my master's at half-past nine o'clock in the morning—I was going by the Lying-in Hospital, in Old-street, and saw the prisoner on the pavement—I did not know him before—he asked if I would take anything to drink—I said I did not mind—I went with him to the Star—I had the money in my hand—I had a glass of gin—I then left, and went with him on the box of a cab to the White Hart, in Old-street—he is a cab-driver—we went into the White Hart—the money was still in my hand, with a card with my master's handwriting on it—I had two glasses of half-and-half, and two glasses of ale to drink there—I told him I must go—he said, "Not just yet"—I got on the box again, and then we went up to the Wheat Sheaves, at Islington—he left me there with a pint of half-and-half, while he went to put up the cab in the yard—I had kept the money in my hand all the time—he came back in a quarter of an hour with another cab-man—I had a glass of gin and a glass of rum to drink—the other cab-man said I had better put the money into my bosom, or I should lose it—I did so—they then put me inside a cab, and paid another cab-man—they djd not go with me—at last I found myself at Dock Head, Bermondsey—I instantly felt for my money, and it was gone—I told somebody, and was afraid to go back.
Cross-examined by MR. PRENDERGAST. Q. How have you been getting your living since this? A. As an unfortunate girl—I went home—my mother does not live at Dock Head, nor any one belonging to me—I went from Dock-head to Green-bank, Tooley-street—it appears I said, if
they took me to Dock-head, I should know how to go home, but I do not know what I said, I was senseless—this affair has been my total ruin—I was on the town before—I have been in a court of justice for being drunk—only once—that was at Union-hall—I was charged with stealing from a gentleman about four years ago—I was on the town between two and three years—I reformed at one time, and went into the Magdalen—it is between three and four months since I was there—I was never taken up but once—I was not drunk when I was on the cab—my master gave me in charge—I had been in his service six weeks.
JOHN LANE . I am a cab-man. On the evening of the 14th of July I went to the Wheat Sheaves, at Islington—I saw the prisoner and Soder there—they were drinking—I joined them—she was rather intoxicated—she said if she went to Dock-head she should be at home—I assisted the prisoner to put her into my cab—he paid for it, and I went off to Dock-head with her.
Cross-examined. Q. Did she give her directions quite clear? A. Yes—she wished to be put into the cab—the prisoner was sitting down on the seat alongside of her—we were all three drinking—at the time she left she made no complaint, every thing appeared quite right—I did not know she had any money, nor tell her to put it into her bosom—she was not sick.
JOHN RAMPLING . I am a gold-beater. On the 3rd of July I got a cheque for 6l. 16s. cashed at Rogers's banking-house—I received a 5l. note and some money—I do not remember the note—the cheque was drawn by Mr. George Donney—I gave the bank-note to Soder, with two sovereigns and a half-sovereign, to go and purchase some fine gold—she left my house, and I did not see her again till she was in custody.
Cross-examined. Q. Did you give her in charge? A. My wife did—I gave her the money on the Tuesday—I had an excellent character with her—she was with me six weeks or two months.
Cross-examined. Q. Did you make the entry in the book yourself? A. Yes.
Cross-examined. Q. Where did you receive it? A. It came through Barnett's—they are paid in parcels—I find an entry of it in the book, which is not here.
JOHN HERRING . I am shop-boy to Samuel Sharwood, of St. John-street-road. Between four and five o'clock on the 6th of July, the prisoner came to my master's shop and purchased a blouse, a waistcoat, and a pair of trowsers—they came to 13s.—he gave me a 5l. Bank-note—I went to Mr. Merritt's, the publican—I gave the note to him—he changed it—I took the change back—I gave it all to the prisoner, and he paid for the articles.
Cross-examined. Q. Did Wilkins, the policemen, come and inquire about it? A. Yes—I cannot say exactly whether I told him that the man did not buy anything, it is so long ago, it has slipt my memory—I generally speak the truth—I might on that occasion have told a falsehood—I did not speak the prisoner—I can remember a little about it—I took notice of the prisoner, because he was in the shop such a time—I had never seen him before—I was at the shop door—I went to the public house after he bought the things—I remember he was the man that bought the things.
COURT. Q. Are you quite certain it was the prisoner who gave you the
note? A. Yes—he was dealing in the shop with the shopman for the clothes.
FRANCIS MERRITT . I keep a wine-vault in St. John-street-road. I remember, early in July, Herring coming to me to change a 5l. note—I do not know the number—I put my mark on it—this is the note—I wrote Mr. Sharpe's name, and my initials under it—I find that on this note—I swear this is the note—its number is 72529, dated 13th of April.
Cross-examined. Q. You put no date on it? A. No.
GEORGE PULLMAN (policeman.) On the 12th of Sept. I went to the William the Fourth, on Eyre-street-hill, and found the prisoner—I asked if his name was not Pearce—he said it was—I said, "You have been a cab- driver?"—he said, "Yes"—I said, "You are the person I am looking for; you are charged with robbing a girl of some money in your cab "—he said, "I know all about it; I am glad you have taken me, now it will come to an end; I was going to give myself up, and I wish I had"—he said so two or three times—he said he had heard since that she was a bad girl, and had robbed some swell of the money—he said he was innocent.
Cross-examined. Q. Was not he selling oysters when he was taken? A. Yes.
MR. PRENDERGAST called
LAMBERT WILKINS . I was in the police—I resigned on the 5th of Aug. I traced this 5l. note from the Bank of England to the public-house, and then to Herring—I went to the shop, and saw the foreman—some minutes after I saw Herring—I said to him, "Did you not go to a public-house and change a 5l. note?"—he said, "Yes"—I said, "Who for?"—he said, "A man came to the door, and asked me whether I would change a 5l. note for him"—I said, "Who was the man?"—he said, "I don't know"—I said, "How was he dressed?"—he did not know—I said, "Did he purchase any I goods?"—he said, "No, he did not"—I said, "What did he give you?"—he said, "Nothing"—I said, "Who was the man?"—he said he should not know him; he could give me no further account.
WILLIAM SUTTON . I lodged with the prisoner, in Payne-street, White Conduit-fields—he was taken up in Leather-lane—he has continued to live in Payne-street all along—he has always been at home when I have been there—I have lodged there about ten months—the prisoner has driven a cab up to about a fortnight of his apprehension—I know Mr. Sharwood's, the pawn-broker's shop—I went there with the prisoner last Saturday week—as I was going, Herring was standing at the door at the time—the prisoner bought a silk handkerchief at the door—Herring was the person he asked the price of it.
COURT. Q. Where do you live with him? A. I think it is Payne-street—I have lived there about twelve months—it is a low place—I live there still—I did not live in the same room as the prisoner—I drive a cab, sometimes a night cab, and sometimes a day cab.
GUILTY .* Aged 31.— Transported for Ten Years.
2764. WILLIAM HILLS was indicted for stealing, on the 12th of Sept, 1 night-gown, value 8d., the goods of John Samuel Fortune; 1 night-gown, 1s.; and 1 pair of stockings, 1s.; the goods of Francis Trotter: and I petticoat, 1s.; and 1 pair of stockings, 6d.; the goods of Elizabeth Watson: and that he had been before convicted of felony.
Clowing, at Kilburn. On the night of the 12th of Sept. I left some things of mine and the other servants in the drying ground, and next morning I missed the articles named as mine—these are them—some of them are torn, but I can tell this night-gown is mine—these stockings and petticoat belone to Elizabeth Watson, the cook—this night-gown is John Samuel Fortune's.
THOMAS RECORD (policeman.) Between nine and ten o'clock, on Tuesday morning, I was on duty in Kilburn-road—I had information, and went into the fields at the back—I saw the prisoner sitting down—he had a bundle—I went to him—he had got two night-gowns and a petticoat hanging on the hedge, drying—I asked what he was doing there—he said drying his cloths—I asked where he got them from—he said he brought them from home, and he lived in Peashall-street, Paddington—I asked if he was sure they were his—he said, "Yes"—I asked his name—he said, "Hill"—I then looked at the things, and found different marks on them—I took him to the station, and found some more things in the bundle, wet and torn—these are them.
Prisoner. At half-past five o'clock I was at Billingsgate market; I came across the fields; a man asked me to mind his clothes, and, if anybody came, to say they were my own; he never returned.
GUILTY . Aged 18.— Confined Six Months.
MR. WILKINS conducted the Prosecution.
JOHN CURTIS . I am manager to Thomas Curtis and son, builders, at Stratford, Essex—they were engaged on some works at Messrs. Smith's, in Whitechapel, and had a contract for carting with Mr. Rook, in Gibraltar-walk, Bethnal-green—the prisoner was in Rook's employ—on Tuesday, the 12th of Sept., we were carting sand belonging to Messrs. Curtis from Stone-stairs wharf, Ratcliif, to Smith's distillery, Whitechapel—it was customary for every man at the wharf to receive a ticket with each load of sand—a man a the other end was to receive the ticket from him—John Keating was placed at the wharf—in consequence of something that came to my knowledge that day, I gave the prisoner into custody—I told him he was charged with stealing a load of sand—he said he only received one load, and that he delivered, and the other part of the time he went to have his horses shod—I did not meotion two loads to the prisoner—he, without my having said anything about two loads, said only one had been delivered.
Cross-examined by MR. HUDDLESTON. Q. Did you not say, "I understand you have delivered one load instead of two?"—A. I believe I did—Mr. Thomas Curtis and his three soils are all partners—there are three men eligible to take tickets, Treadaway, Withall, and Atfield—Keating is the only that gives the tickets—the carman's name is on the ticket.
JOHN KEATING . I am a labourer in the employ of Messrs. Curtis, and live in James-street, Globe-lane, Mile-end. On Tuesday, the 12th of Sept., I was superintending the loading of sand at the stone-wharf, Ratcliff—the prisoner came that morning to fetch sand—he came first at a quarter-pastseven, another man named Mansfield came at the same time—each had a cart—the prisoner's cart was loaded with sand when I left the wharf—his cart was larger than Mansfield's—I handed the prisoner his ticket, No. 694, when his cart was nearly loaded, and he requested me to give it to his mate, Mansfield—I
did so—the ticket has on it, "Rook, one load of sand"—I am sure this is the ticket I offered to the prisoner with the first load—I left the yard before his cart left—I saw that curt, drawn out in the main road by the prisoner, about ten minutes after I left the yard—it was then about twenty minutes to eight in the morning—I went to Mr. Smith's distillery, which is about a mile from where the sand was delivered—if the prisoner had gone straight it would have taken him about half an hour—it was five minutes to eight when I to the distillery—I staid there till twenty minutes to ten—he did not come with his load while I was there—Mansfield brought his load while I was there, about twenty minutes past nine—I left the distillery twenty minutes before ten—I went to the wharf, and found the prisoner there loading his cart with sand—it was about one-third full—I had come straight back from the distil-lery to the wharf—I asked where he had taken his first load—he said, to Smith's, where he had been accustomed to take it—I said, "You make a mistake, you have not taken it there"—he said, "I have, I will lay you a wager of 1s."—there the subject ended—I gave him this ticket, No. 696, with his second load—I gave Mansfield two tickets—he was taken up, but the Grand Jury have ignored the bill against him—I was on the premises all the time I was at Mr. Smith's—it was impossible for him to have brought a load of sand there without my seeing it—a load of sand would weigh about two tons, and would be worth about 5s.—I received the ticket I have produced to-day from Withalls, at Mr. Smith's distillery, next morning, and some other tickets for things taken in the afternoon.
Cross-examined. Q. Do you put the name of each of the men to whom you give the tickets on the back? A. Never—we put their names in this book—this pencil mark is the policeman's—when we give the tickets we have the counterpart of them in the book, and put the name on the counterpart—I gave this ticket, No. 694, to Mansfield—it was intended for Brooks—he said, "Give it to my mate, for we are both going together"—I gave No. 695 to Mansfield—I put the name opposite to it at the time I gave them—I was about a quarter of an hour going from the wharf to Mr. Smith's—I went the shortest way, through back lanes—when I got there I was part of the time at the gate, and part thirty or forty yards from the gate—the sand was shot midway between the end and the gate—I was not in the house at all—when I first gave the ticket to Mansfield the prisoner's cart was nearly loaded—when I went up to them the prisoner was on his cart, trimming it—Mansfield was standing at his horse's head, at the same cart—the other cart stood by, empty—I only saw one cart loaded—immediately I got back from Smith's I saw the prisoner filling his cart—I will swear I did not say, "Where is the first load taken to?"—I am sure I said, "Where have you taken the first load to?"—I am sure I said, "Where have you taken the first load to?"—the ticket No. 695 has not been found.
MR. WILKINS. Q. Did you know the prisoner's cart and Mansfield's cart sufficiently to distinguish one from the other? A. Yes—these entries in the book are in my writing—I made them at the time.
JAMES TREADAWAY . I am a bricklayer in the service of Messrs. Curtis, and live in Spitalfields. I was working for them on the 12th of Sept., at Mr. Smith's—it was part of my duty to receive tickets from the carters—on that day I was very busy, and directed Withall to receive the tickets for me—between nine and ten o'clock Mansfield brought a load of sand—he delivered a ticket—I gave it to Withall—I did not receive any other ticket in the course of that day—I saw the prisoner bring a load of sand between ten and eleven—I had not seen him bring any before.
Cross-examined. Q. Where was the sand shotf? A. In the yard—there were twenty-five or twenty-six cart loads there altogether.
JAMES WITHALL . I am a labourer, and live in North-street, Global-lane; On the 12th of September I was working at Messrs. Smith's—I went to work at a quarter-past five o'clock—I was there till seven at night—Mansfield brought the first load of sand that morning after breakfast—he gave me a ticket for it—the prisoner brought the first load from eleven till one—I am quite sure he had not brought any other load that morning—Treadaway, that day, gave me a ticket of Mansfield's—I delivered three tickets the following morning to Keating—I do not know the numbers.
WILLIAM NICHOL (police-constable K 177.) On Tuesday night, the 12th of Sept., I received the prisoner into custody—I said, "You are charged with stealing a load of sand, you must go with me"—he said, "Very well—on the road he said, "I am innocent of it"—next morning going into Lambeth-street, he said, "Jack was not there at all, Jack was at Smith's—when he came back I was loading my first load"—he said he had been to Simmonds's the farrier's to get his horses shod—I asked which horse—he said the bay mare—I asked how many shoes he had put on—he said two hind shoes—I received these tickets from Keating.
PHILIP WILLIAM PERKINS . I am a farrier, in the employ of Mr. Simmonds, of Upper East Smith field. I shoe Rook's horses, when they work at St. Katherine's dock—the prisoner has sometimes brought horses to be shod—I was at my master's forge on Tuesday, the 12th of Sept.—the prisoner did not bring any of his master's horses to me to be shod—I have looked at the bay mare—I took up her feet—my master's name is on every shoe that goes from our shop—the mare had been recently shod on the hind feet—they were not shoes that came from our shop.
JOHN WELLS . I am a farrier, and live in Baker-row, Whitechapel. I shoe horses for Mr. Rook—a bay mare was brought to me on Monday, the 11th, have two hind shoes on—I have since seen her, and the shoes were put on at our place.
Cross-examined. Q. When was your attention called to this? A. On Thursday week—I keep an account in a book which is not here—I make the entries at the close of the day—I do not speak from the book alone, but I remember its having been there, and having Rook's cart, and another horse there.
MR. WILKINS. Q. Are you certain it was Monday? A. Yes—I have a distinct recollection of it.
THOMAS ROOK . I am a carman, and live in Gibraltar-row, Bethnal-green. The prisoner was in my employ—his cart was rather larger than Mansfield's—he had ne authority from me to take any sand except to Messrs. Curtis's—he did not bring any to me.
Cross-examined. Q. Have you seen Mr. Henry write his name? A. I have seen him write it at a distance, and it has been handed to me directly——(read)—"The prisoner Brooks says Mansfield's was the first cart that was drawn out—he left me loading—I took my horse out of the cart, and got him shod—when Mansfield came back, I was loading the first load—that is all I have to say."
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Two Months.
half-past one o'clock in the day—I saw the prisoner with this coat over his arm—he went into several shops and offered it for sale—I stopped him, and asked what he was doing with it—he said, offering it for sale, that it was his property, and Mr. Eddels, No. 2, Coventry-street, was his master—he wished me to go there—I refused, and took him to the station—as we were going he said he had taken the coat from his master's shop to make a little money of it.
Cross-examined by MR. DOANE. Q. Was not what he said, "It is no use denying it, I took the coat from my master's shop, because I wanted a little money?" A. Yes.
SAMUEL GOODCHILD . I am foreman to Mr. James Creed Eddels, hosier, and outfitter, in Coventry-street. The prisoner was in his service—about half-past twelve o'clock, on the 18th of Sept., he left the place, and between four and five the policeman called—I cannot positively swear this is my mater's coat, there being no mark on it—the prisoner had no business with it.
Cross-examined. Q. How long have you been in the service? A. Nearly eight months—the prisoner had been there three years—if the hands want a coat, or a pair of trowsers they are entitled to take it, and enter it in a book to be set off against their salary, but not without, another person knowing it—the books are not here.
NOT GUILTY .
NEW COURT.—Saturday, September 23rd, 1843.
Fifth juryt before Mr. Common Sergeant.
THOMAS ADCOCK . I live in Charles-Street Lisson-grove, and am employed at the Chinese Exhibition at Knightsbridge—the prisoner came to the exhibition on the morning of the 12th of Sept., about half-past eleven, and after he left I missed the coat produced, which is mine.
GUILTY . Aged 35.— Confined Three Months.
2768. GEORGE SWAIN was indicted for stealing, on the 19th of Sept., 1 coffee-mill, value 2s.; 1 wine-glass, 6d.; 1 towel, 6d.; 1 stick of sealing-wax, 4d.; 25 apples, 4d.; 1 tooth-brush, 4d.; 3/4 lb. of candles, 1s.; I gouge, 6d.; 1 screw-driver, 6d.; 1 fan handle, 2d.; and 1 lemon, 1/2 d.; the goods of Charles James Matthews.
THOMAS HINTON . I am valet to Mr. Charles James Matthews—this towel and coffee-mill are his—the prisoner was employed to assist in removing the furniture from Ebury-street to Desborough-cottage, Harrow-road, on the 19th of Sept.—he had the opportunity of taking them—this feather fan handle is Mr. Matthews's—I cannot swear to the glasses.
ALFRED HUGHES (police-constable D 174.) I stopped the prisoner about ten o'clock, last Tuesday night, in the Harrow-road, with a bundle containing these things, and this coffee-mill tied to it—he said the cook at Desborough-cottage gave them to him.
Prisoner's Defence. I had the towel in my pocket, and forget to take it out; the coffee-mill I cannot say anything about.
GUILTY . Aged 20.— Confined Three Months.
2769. THOMAS JENKINS was indicted for stealing, on the 13th of May, 54 dinner-plates, value 351l.; 1 dozen of plated plates, 12l.; 1 paper plate, 12s.; 1 silver box, 6l.; 17 plates, 160l.; and 1 plate chest, 2l.; the goods of Edward Cane and others.—2nd and 3rd COUNTS, stating them to be the goods of William Robert Seymour Fitzgerald, in his dwelling-house.—4th COUNT, stating them to be the goods of the Right Rev. Charles James, Lord Bishop of London.—5th COUNT, stating them to be the goods of the Ordinary of the said diocese.—6th COUNT, stating them to be the goods of a certain person whose name is unknown. (See Eighth Session, page 255)
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
GEORGE THORPE . I was in the service of the late Lord Fitzgerald as under-butler—I remained there till after his death—he died on Thursday morning, the 11th of May—I am now in the service of Mr. Williams, of Eden Bustard—on the Friday after Lord Fitzgerald's death I remember a person coming into the pantry with Howse the steward—his back was towards me, but by the prisoner's height, and his fine stout appearance, I believe he is the person—I was in the pantry—I did not like to stand to hear what they had to say, and went out—I returned in about five minutes—they were still there—there were in that pantry ten or eleven chests of his late lordship's plate—the plate closet had been under repair, it opens into the pantry, and the plate chests had been removed there on that account—when I returned into the pantry the man who was there with Howse, was standing by the plate chests—I recollect one chest in particular which stood on the top—that was the chest that was afterwards stolen—it contained a great number of silver dinner plates and silver gilt plates—it was full, and they were Lord Fitzgerald's—the man was standing with his hand on the chest that was afterwards stolen—it was then about half-past six in the evening—I heard Howse say to him, "I think this pantry is larger than yours"—they then both went into the plate closet, and Howse said, "You see we have had this done up for the old man, but it is of no use now"—next day, about noon, I went out for beer—I shut the area door after me—when I returned I found the area door still fastened—Smith, the butler, opened it for me—West was there at the time—in a few minutes I went up to the dining-room where the servants were to be measured—all the servants were there but Howse—I had been down in the servant's hall when Howse ordered me to go up to be measured—when I had been up in the dining-room two or three minutes I heard an alarm—I went down stairs directly, and when I looked in the pantry I missed the plate chest that was on the top—I had seen it safe in the pantry at twelve o'clock, just before I went for the beer—I had had occasion to take one of the plates out of that chest, and that plate had only been put away out the Friday morning—when I came in with the beer, there was a horse and cart standing at the door, and a man standing at the horse's head at the area gate—there had been workmen engaged in the plate closet on the day before, and Howse had ordered them not to come on the day of the robbery.
Cross-examined by MR. BALLANTINE. Q. When did you first see the prisoner after the time you speak of? A. I saw him the other day on my examination at Queen-square—he was in a lock up place—he was alone—I believe it was the turnkey took me to him—it was a man I did not know—the inspector did not go with me—I did not see the inspector that morning—I had not seen him the day before—I did not see him till the next morning—it was about a week before I saw the prisoner that I first knew that a man was taken who was charged with having been a party in this robbery—that was communicated to me by a letter I received from Mr. Lethbridge—I saw Mr. Pearce about a
week afterwards—that was after I had seen the prisoner—I went to Queen-square for the purpose of seeing the prisoner—the turnkey shewed me to a cell where he was lying down on the bench.
CATHERINE PARKER . I was housekeeper to the late Lord Fitzgerald—I had a room in the lower part of his house, which adjoined the room from whence the plate chest was taken—I was at home on the Friday evening before the robbery—I noticed a man who came that evening to see Howse, the steward—he resembled the prisoner in every way—he had rather more whiskers about the face than he had under his chin—I heard him in conversation with Howse—I heard Howse say there was a quantity of plate, and that the plate closet had been fitted up, and how the chests were to be arranged; and he said, "I suppose your master will be having one fitted up something like it"—he made some answer, but I did not hear what, and then Howse introduced him into my room—he introduced me to him as
"Mrs. Parker,—Lord Fitzgerald's housekeeper,—my friend"—I turned round and looked at him, and then turned my head again—the prisoner resembles him, and I do think he is the man, but I can't positively swear it—when they went out of my room they went along the passage, and I heard the man say to Howse,"What door is this?" and Howse said, "This is the wine cellar door"—the passage they went along leads from the place where the plate was, to the area door—I cannot tell how long the man was there—he was in the pantry, and I believe he had been in Howse's room—the following day, about twelve o'clock, an alarm was given that the plate had been taken—shortly before that Howse had been in my room—after he left my room I think he closed the door, but I can't say that it was fastened—as soon as he closed the door I heard a shuffling of feet, wbicb appealed like two persons with a weight—if a person stood at my room door they could not see all down the passage, as there is a projection—they would look down as far as Howse's room—it could not have been more than a minute after I heard the shuffling of the feet, before I heard that something had been carried out—the cook ran from the kitchen, and made a communication to me.
Cross-examined by MR. BALLANTINE. Q. When did you see the prisoner again? A. At Queen-square, in a little place like a passage—there was another man and a woman there—inspector Pearce desired me to go there to see if I could recognise the person supposed to be implicated in the robbery—Howse had been many years in Lord Fitzgerald's service, in a very confidential situation—he had many persons visiting him occasionally on business—I do not know whether he had many persons come to see him, because he used to take them into his room—I did not speak to this person when he was introduced, I merely bowed.
MARY HAWKINS . I was kitchen-maid in Lord Fitzgerald's service last May, when he died. On the Friday evening before the plate-chest was lost, I saw Howse and another man in the kitchen of Lord Fitzgerald's house, between six and seven o'clock—I only saw the back of the man—he was a tall man, and resembled very much the height of the prisoner—on the Saturday, at half-past twelve o'clock, I was in the passage, between the servants' hall and Howse's room, going from the kitchen into the pantry, and saw two men come along the passage, carrying a box out towards the area from the pantry—I did not know that anything was wrong, and I stood against the wall to let them go by—one of the persons was in height of the appearance of the prisoner.
f CATHARINE WILLIAMS. I was cook at the late Lord Fitzgerald's; I am now in the service of Captain Bulkley, and was so before I went to Lord Fitzgerald's. I remember the Saturday on which the robbery took place—I
had been in my kitchen all the morning—the door of that kitchen is close against the door which leads out into the area—about twelve o'clock Thorpe went out for beer, and came in again—he and another man went out of the kitchen—about half-past twelve I heard a noise, and opened the kitchen door—I saw a man's hand inside the door that leads to the area, as if the man had gone out, and was drawing the door to after him—in consequence of that I went to the door on which the man's hand was—I opened it, and saw two men carrying a box out, which had the appearance of a plate chest—the area steps do not begin directly you go out—you have some distance to go, and then the steps turn round—one of the two men was taller than the other—I had an opportunity of seeing the person of the tall man—he walked across the area, and then went up the steps—he is the man that had the lower part of the chest carrying up—the fair man went up first, and his face was towards me; and the dark man, who was the tall man, had his back towards me—a they went up they had to turn, and I then had a side view of the tall man—the prisoner—(looking at him)—is that man—I had seen him on the Friday evening when Howse brought him to the kitchen, and said, "Mrs. Williams, my friend," and they walked through the kitchen into the brewhouse, where they had been brewing beer, to show him the lower part of the house—I looked at the man, as it was such an odd expression to say "My friend"—it was between six and seven o'clock—I had a full opportunity of looking at the man—Howse brought him into the kitchen, and said, "This house don't look as large as yours does, but I think there is more room down below"—the man said, "Yes, this is quite a little castle to what our house is"—I ran to the housekeeper's room, and gave an alarm when I saw the chest taken.
Cross-examined. Q. Have you had any conversation with Mrs. Parker about this prisoner? A. No, not on the Friday evening; but on the Saturday, when the policeman came, I told Mr. Howse, twenty minutes afterwards, "I am certain I have seen that tall man come here"—on the Monday afterwards I saw Fuller in custody—I knew him at once—he was one who was carrying the chest and had his face towards me—I had a very good opportunity of seeing his face—I had not heard at that time that Fuller had visited there, but I heard my fellow-servants swear it at the trial—when I saw him at the station on that Monday I recognized him at once—I said on the trial that I would not swear, but I had no objection to take my oath that he was the man—I have not the least doubt he was the man, and nobody shall convince me that he was not the man—no one shall remove it from my mind that he was the man—I saw one person come up at the trial to swear that he was not the man, but I went out—I heard at Queen-square that there were witnesses to swear I was mistaken—I know Fuller was acquitted, but I was not in Court when the Judge stopped the trial—I saw the prisoner in charge last Saturday week—that was more than four months since the 13th of May—I was just as positive of the prisoner as I was of Fuller—I saw the prisoner's side-face and his figure, and nobody shall convince me that he is not the man—I was four months in Lord Fitzgerald's service—I had no friends to visit me except a cousin, who is a lady's maid—I have frequently seen friends visit Howse.
MR. BODKIN. Q. Where did you see the prisoner? A. At the prison, last Saturday week—he was mixed with other persons, I think about six or seven—I recognized him amongst them directly I saw him—my eye was fixed on him—I asked him to take off his hat, and he did so—his hat was on when I saw him in the area, but it was off when I saw him on the Friday evening—I gave a description of the tall man immediately after the robbery.
the day of the loss of the plate-chest, I was measured in the dining-room—all the servants were there but Howse—I heard the alarm of the robbery about twenty minutes past twelve o'clock, or from that to half-past—I know the prisoner—I remember his coming to Lord Fitzgerald's in the course of his life-time—he came to see Howse—I often saw him there—I have let him in myself—I have seen Howse and him go out together—they appeared to be intimate friends.
HENRY YORK SMITH . I was butler to Lord Fitzgerald. The plate was usually kept in the closet, but on this occasion it was in the pantry—I remember on the Friday, between two and three o'clock, a man coming to the area door—I opened it, and he asked for Mr. Howse, who was not at home—I told him so—he went away—to the best of my belief, the prisoner was the man—I left the house at half-past six that evening—I met Howse while I was out, close by the Lowndes Arms, in Lisle-place—we went in, and he gave me a glass of ale—he went out directly, and was out for about two minutes, while the landlord was mixing a glass of brandy and water—Howse came back, drank his brandy and water, then went out, and I did not see him any more—on the Saturday, about twelve o'clock, while I was being measured, there was an alarm of the chest being gone.
Cross-examined by MR. DOANE. Q. I suppose it was not unusual for you to go to a public-house? A. I was not going there, but Howse asked me—I do not often take brandy and water—I was at the last trial, and heard Williams swear to Fuller—I heard you call several witnesses to prove that he was in another place—I went out of the Court after the first witness was examined.
THOMAS LETFORD . I keep the Lowndes Arms, in Lisle-place, Eatonsquare. I remember the day on which the robbery took place—on the day before that, Howse was at my house about four, or from four to six o'clock——I am certain it was before six—Howse and Smith the butler were there—I know the prisoner—he came to my house on the Friday about two o'clock, I think—he asked if Howse was there—I said no, he was not—he said he had appointed to meet him there—another man was with the prisoner—I believe the prisoner went into the skittle-ground, and when Howse came I told him a person had inquired for him, and was in the skittle-ground—Howse left my bar, going towards the skittle-ground—I saw Howse again that evening—he came into my bar parlour—Smith was there, and Howse left Smith in the bar—I had seen the prisoner three or four times before—I have not the least doubt in the world that he is the person.
Cross-examined by MR. BALLANTINE. I believe there were a great many people in the skittle-ground? A. There were some people there—Howse had been at my house, but I never knew him but once before that go into the skittle-ground—he generally came and sat in my bar parlour, the same as Mr. Smith and persons whom I have known many years, acquaintances of mine—there was very seldom anybody there when Howse came.
BENJAMIN HAMMETT . I am pot-man at the Lowndes Arms. I remember, on the Friday afternoon before the robbery, seeing the prisoner in my master's skittle-ground about six o'clock in the evening—I saw Howse there talking to the prisoner and another gentleman, for about a quarter of an hour—I did not see Smith, the butler there—I saw him when I was called to go out with some porter—when I returned Howse and the prisoner were gone.
NICHOLAS PEARCE (inspector of the A division.) I know very little of the prisoner, but I had some knowledge of him before this robbery—I was called on on account of the robbery—I heard the cook and the other servants describe a tall man—I knew where the prisoner lived at that time, and in consequence
of the description I had, I watched the house in which he lived, and used every exertion to find him, for about a week after the robbery—I was not able to find him out, or to trace him in any way, till he was taken—I was present when he was taken into custody at the place where he lived, No. 2, Coburg-place, Lower Kennington-lane, Lambeth—he had no coat on when I went in, but a dirty black handkerchief round his neck, and he appeared to be sun-burnt—he has on a white cravat now—I never saw him with one on before—he bad whiskers when he was taken, as he has now.
Cross-examined by MR. DOANE. Q. Have you been in attendance at these Sessions lately? A. I have been in attendance on this case, and I think I have been at every Session for the last twelve months, in pursuance of my duty.
MR. BODKIN. Q. Have you persons under your control in the police? A. Yes, entirely under my direction—though I have had to attend here I have instructed other persons to watch the prisoner, and when they have been obliged to attend here I have given directions to other officers—Thornton was one officer to whom I gave direction.
GUILTY . Aged 34.— Transported for Seven Years.
2770. GEORGE WOOTTON and ROBERT HENDERSON were indicted for stealing, on the 8th of Sept., 6 napkins, value 2s.; and 3 yards of carpet, 1s. 6d.; the goods of William Kirby: also, 1 metal cock, 1s.; and 3lbs. weight of lead pipe, 1s.; the goods of William Kirby, and fixed to a building.
WILLIAM KIRBY . I live in Schoolhouse-lane, Stepney, and am as engineer. I had six napkins and some carpet on the wall at the back of my house—the side walls are ten or twelve feet high, but at the back about six feet—I missed these things on the morning of the 9th of Sept., and also a piece of lead pipe and a water-cock attached—Henderson lives about seven doors from me—these six napkins now produced have no mark, but to the best of my belief they are mine.
WILLIAM TAPLIN (police-constable K 234.) I produce these six napkins, which I found on the 11th of Sept., at Wootton's father's house—Wootton had his hand on them on the table—Henderson was taken afterwards in Brook-street, Ratcliff.
JOHN CAHILL . I met one Everett last Monday week—he asked me if I knew Henderson—I said I did—he told me he had been over into a yard—in consequence of what he told me I went to Henderson, and accused him of stealing six napkins, a shift, and a shirt—he said he knew nothing about it—I said he did—he asked me who told me, I said, "Everett"—he said he could put Everett in the hole, for he had eaten and drank of the property—I told him about having taken some lead, and he said he melted it in a bowl before his mother was up.
NOT GUILTY .
NOT GUILTY .
NOWLAND— GUILTY . Aged 26.
ROURKE— GUILTY . Aged 35.
FOLEY— GUILTY . Aged 27.
Confined Nine Months.
COURTNEY— GUILTY . Aged 21.— Confined Three Months.
NOT GUILTY .
2774. GEORGE CAPPER was indicted for stealing, on the 12th of Sept., 14 spoons, value 30s.; and 1 fork, 1s.; the goods of Frederick Barnett, his master; and JOHN O'BRIEN , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which
CAPPER pleaded GUILTY . Aged 16.— Confined Six Months.
FREDERICK BARNETT . I am an ironmonger, and live in Oxford-street. Capper was in my service—I have missed some cutlery, some spoons, and a fork—I told Capper if he would tell me every thing I would forgive him—he told me a great deal—I went to the office, and got a search warrant—I went to O'Brien's house, and found six spoons secreted among some rags under the counter—I have examined these spoons, and believe them to be mine—one of them has my mark on it, and I believe this fork to be mine—O'Brien is a marine-store dealer—I do not know whether he deals in spoons.
Cross-examined by MR. BALLANTINE. Q. Have you any partners? A. No—I saw O'Brien's wife and another female at his shop—no resistance was made—these spoons are called British plate, and are made at Sheffield—they are worth about 2s. each—they cost us 14s. a dozen, and we sell them for 22s.—I can speak to this one with my private mark on it—the others are by my maker—he sends a great many to town—Capper had been in my service ten or eleven weeks—I told him if he told me the truth I would pardon him—I intended that his pardon should depend on his showing me where the articles were.
ROBERT LISTER (police-constable C 143.) About four o'clock on Saturday afternoon, I went to O'Brien's shop in Monmouth-court. I told him I had a warrant to search, and read it to him—he said, "Very well"—he w a marine-store dealer—they do not generally deal in spoons—I found these six spoons concealed under the counter among some rags, and these others in a small caddy up stairs—this fork and spoon were under some leather—he gave me no explanation—I accompanied him down stairs, and said, "How about these knives?"—he said, "You don't suppose I was novice enough to keep knives with the maker's name on the blade"—he did not tell me where he got any of the other articles.
Cross-examined. Q. How long have you been in the police? A. Five years and upwards—O'Brien made use of the expression about the knives in going down stairs—I have always had a recollection about it—I will not say positively whether I mentioned it before the Magistrate, I believe I did—I believe it was in my depositions—I will not swear either way—I might have omitted to notice it—on the way to the station O'Brien said he had purchased the spoons of a hawker in July last—it appears that I did not say before the Magistrate about his being such a novice—(looking at his deposition)—I think I mentioned it to Mr. Barnett—O'Brien offered us every facility—I found some pewter melted down, and some sheet-lead among the rags—there were no other things on that exact spot.
FREDERICK BARNETT re-examined. Q. Do a good many other persons serve in your shop besides Capper? A. Only one, and he is here—I did not show Lister any of my knives; I described some of them to him at the Police-office before the search-warrant was granted—I described them more particularly in going along—I have seen Lister since the prisoner was committed, and he has spoken to me about the matter—I mentioned at the office that my name was on the knives.
(Richard Weeks Burnford, shoemaker; Michael Shea, tailor; and Timothy O'Brien, coal and coke dealer, gave O'Brien a good character.)
O'BRIEN†— GUILTY . Aged 43.— Transported for Ten Years.
JAMES GODDARD . I am a French-polisher, and live in Boot-street, Hoxton-market. On the 3rd of August the prisoner came to my shop and showed me a sample of spirits—he asked me if I was a French-polisher—I told him yes—he asked me to purchase some spirits—I tasted it, and asked what he wanted—he said 11s.—he had a quantity—I told him to call on Saturday, and to bring me a gallon for 10s.—he brought me a cask with a tin tube in it holding about half a gill—it was just filled to the cask—he pulled the plug out, and said, "It is just as I got it"—I tasted it, and gave him 10s.—the cask was filled with mould and dirt—he pretended it was full of spirits of wine, and, I believing that, gave him 10s.—I am sure he is the man.
Prisoner. Q. What would have been the value of it? A. About 18s. for three gallons; what you gave me was not worth 2d.
Prisoners Defence. I was recommended to the prosecutor because he would buy any thing, so I took it to him.
GUILTY .* Aged 19.— Confined One Year.
Before Mr. Recorder.
W. LEE— GUILTY on the 2nd Count. — Confined Six Months.
JOHN LEE and THOMAS LEE— NOT GUILTY .
Before Mr. Recorder.
HYMAN LEVY . I am a clothier, and live at Stratford, in Essex. On Saturday morning, the 9th of Sept., the prisoner came to my shop and asked me for a new pair of trowsers—I got on a ladder in the shop to get them—he took a pair of trowsers off the counter, and ran out with them—I ran after him, and found him in the custody of a policeman—these are the trowsers—( produced.)
Prisoner. My mother sent me into the shop about the trowsers, and I ran out to fetch the money with the trowsers in my hand.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy by the Prosecutor and Jury.
Confined Fourteen Days.
Before Mr. Justice Erskine.
2778. WILLIAM PINFOLD was indicted for stealing, on the 14th of Aug., a certain post letter, containing 77 pebble stones, value 1s.; the property of Her Majesty's Postmaster General, he being employed under the post-office.—Other Counts, for embezzling, and secreting, and destroying the said letter, and stealing the pebble stones.—Also, for stealing, on the 10th of Aug., a certain post letter, the property of Her Majesty's Postmaster General, he being employed under the post-office; to both of which he pleaded
GUILTY . Aged 17.— Transported for Life.
Before Mr. Common Sergeant.
2779. JAMES BREWER was indicted for stealing, on the 26th of Aug., 4 half-crowns, 67 shillings, 58 sixpences, 17 groats, 3 half-pence, and 5 farthings, the monies of William Laythorp, his master; to which he pleaded
GUILTY . Aged 16.— Confined Four Months.
MR. BALLANTINE conducted the Prosecution.
WALTER ELLIOTT WHITTINGHAM . I am master of the boys' school in Marsh-street, Walthamstow. On the 28th of Aug., between nine and ten o'clock in the morning, I went to a chapel there—I opened the gate of the chapel-yard, which was locked—I left it open, and went into the chapel—I heard a noise like a person knocking at a door—on hearing it repeated, I went into the girls' school, which is on the other side of the yard—there is a door from the girls' school into the yard—I found that door broken open, and the prisoner was coming from it—he had no right there whatever—I asked what business he had there making that noise—he said, "Nothing"—I said, "You have been breaking the door open"—he said, "No, I found it so"—I then let him go I observed a piece of slate in his right hand—I went up into the girls' school, and saw a desk which had been broken open—I have seen this bit of slate produced fitted to the marks on the desk, and in my judgment the marks are such as it would have made.
FRANCIS PENN . I am a builder, and live at Walthamstow. On the 28th of Aug., a little before nine o'clock, I saw the prisoner go into the chapel-yard—that would lead to the school, but I could not see the school door where I was—he came out of the yard in seven or eight minutes with a piece of slate in his hand—he was running, and threw the slate down—he went in a direction away from his own house—I picked up the slate—(producing it)—I fitted it to some marks on the desk, and it corresponds with them—the door of the lobby, and of the school room, were both broken open, but there were no marks on them—I think they were opened by his feet—both the locks were disordered, as if the doors had been forced.
ELIZA GRAY . I am the mistress of the girls' school, and hare the care of what money is there—it is to supply the girls with shoes—I keep the money in this small box, in a desk in the school-room—the holidays began on the 16th—there was then 8s. in the box—amongst which was a half-crown, some shillings, sixpence, and some pence—I saw it safe at half-past two that day—I was from home, and did not go to the desk again till the 4th of Sept.—I then found it broken open—I had the key of it, and was responsible for the money—the prisoner had no right there.
box in which the money was—the desk in which the box was was broken open—also the outer door, and the school-room door.
JOHN THOMAS GLASTICK (police-constable N 109.) I took the prisoner about three quarters of an hour after this occurred—he said he was doing nothing—in going before the Magistrate he asked me what time did I think he would get now—I said I could not inform him—I have examined the desk, and the marks on it were made by this slate.
GUILTY . Aged 34.— Confined Nine Months.
Before Edward Bullock, Esq.
WILLIAM GILHAM . I am a boot and shoemaker, and live at Greenwich. On the 14th of Sept., I saw the prisoners at the corner of my window—I saw out of them take these four pairs of shoes from a nail, by the side of the steps inside the door-way—they were fastened two or three times round a nail—he had a handkerchief in his hand, wrapped them in it, and walked away—I ran out, took them both, and the shoes from the prisoner William.
William Newington's Defence. My brother picked them up on the step, and gave them to me.
George Newington's Defence. The shoes laid on the step of the door; I took them, and wrapped them up; as soon as I saw the man coming I gave them to my brother and ran away.
WILLIAM NEWINGTON— GUILTY . Aged 13.
GEORGE NEWINGTON— GUILTY . Aged 16.
Recommended to mercy by the Jury.
Confined One Month.
Before Mr. Common Sergeant.
GUILTY . Aged 26.— Confined Three Months.
GUILTY . Aged 37.— Confined One Month.
GUILTY . Aged 20.— Confined One Month.
2785. JOHN JACKSON was indicted for stealing, on the 15th of Sept., 1 ring, value 1d.; pencil case, 7s.; 1 purse, 6d.; 1 half-sovereign, 1 half-crown, 6 shillings, 2 sixpences, 3 groats, and 8 pence; the property of John Wood.
ELIZA WOOD . I am the wife of John Wood, we live at Lewisham. On the 15th of Sept., about four o'clock in the morning, I was in a little room adjoining my shop—I saw two persons, one outside the counter, and the prisoner inside with the till half way out—it contained the money stated, and
a sovereign, and two fourpenny pieces—I know this crown piece was in it—( looking at it)—it has a notch on one side—the prisoner walked quckly round the counter to the door, and then ran off very quickly—I gave information and they were pursued, but I lost sight of them—I can swear the prisoner is the person—I have not the least doubt about him.
JOHN ELKIN (police-constable R 190.) I apprehended the prisoner in Mill-lane, Deptford, on that evening—it is about two miles from Lewisham—I found on him this crown piece, seven half-crowns, fifteen shillings, four sixpences, two fourpenny-pieces, and a brass ring.
JOHN ELKIN re-examined. This is the Magistrate's signature to this examination—I heard the prisoner make this statement—(read)—the prisoner says "I never was in the shop; all the property, barring the big piece and the ring, are mine; I picked them up on the road."
Prisoner's Defence. I found this piece and the ring.
GUILTY . Aged 19.— Confined One Year.
2786. CHARLES WEST was indicted for stealing, on the 3rd of Sept., 4 trowels, value 6s.; and 6 small tools, 3s.; the goods of Charles Firth: to which he pleaded GUILTY . Aged 38.— Confined Two Months.
FRANCIS FREWER . I am a sail-maker, and live at Claremont-place, Chatham. On the 11th of July, I saw my watch at two o'clock, hanging on the bed-room mantel-piece—I missed it between eleven and twelve at night—the prisoner went home with me that day, and had an opportunity of taking it, while I was getting ready to go out—this is my watch, but this chain is not mine—I afterwards found the prisoner at Woolwich—he said, "I am the person that took your watch"—I said, "Act like a man, and I will not hurt a hair of your head"—he asked me to go home with him—I went—he called his wife, and said, "My dear, this is the gentleman I took the watch from at Chatham"—she went down on her knees, and begged me to forgive him.
Cross-examined by MR. HORRY. Q. Are you and the prisoner Freemasons? A. Yes—he never belonged to the lodge that I did, but I have known him some years—we were drinking on the night I lost my watch—he went home with me, we came out together, and were ont rather late—he might be a little fresh when he went home with me, but I did not observe it—I did not see the watch when I went home that evening—I went to Woolwich, and saw him in the dockyard, about six o'clock—he shook hands with me, and I returned the same to him—he said he would get the watch by the 8th of Sept.—he said it was at Gravesend, but I went there and it was not there—he got an almanack to find what day the 8th of Sept. was—I agreed to let it go over till then.
HENRY ELLIOT FRAZIER . I spoke to the prisoner on the 29th of Aug., and asked him what he had done with the duplicate of my father's watch—he said it was all right—I said that would not do for me—I met him on the 30th, and got the watch from his hand.
Cross-examined. Q. Who sent you to get this watch? A. My mother—I believe my father had written to her—I belong to the dockyard—the prisoner asked me if my father had authorised me to take the duplicate, and he gave me the watch—he did not laugh—he put his hand on my shoulder, and said, "Now, I could give you and your father into custody, for compounding felony"—I gave him into custody two hours afterwards—I could
not leave my men to go after him before—I did not say, in the presence of Thomas Wood, that I would not have given him into custody, but to prevent me and my father getting into trouble.
FRANCIS FREWER re-examined. Q. Did the prisoner leave 5s. with you? A. When we got to Chatham-street, he said, "I am going to sleep at that public-house; I am a stranger, and perhaps I may lose my money; I will thank you to take 5s. to take care of for me"—I was to return it the next day, but I never saw him again till he was at Woolwich—I offered it to him there.
(The prisoner received a good character.)
GUILTY. Aged 44.—Recommended to mercy. — Confined Ten Days.
HARRIET MERRYMAN . I am the wife of John Merryman, a baker, in King-street, Deptford. On the 11th of Sept., soon after six o'clock in the morning, I missed two gowns—one had been on a table, and the other is a box—I had seen them safe at half-past eleven the night before, in the room in which the prisoner slept—ours is not a lodging-house, but the prisoner came for something to eat, and asked if we could lodge him for a few weeks, till he got a ship—he left without paying his lodging, and did not come back—the gowns have never been found.
SARAH ELIZABETH SHINE . I live in High-street, Poplar. On the morning of the 11th of Sept. the prisoner came to me, a little before eight o'clock—he threw a bundle on the counter, and asked if I would buy two frocks—I said, "Are they smock-frocks?"—he said, "No; women's"—I said, "Bring the women, and I will buy them"—he went away, came again about six in the evening, and said, "Mistress, come, buy this one; I have sold the other"—I opened it, looked, and saw it was a gown of the same kind as the policeman had left a pattern of.
Prisoner. I never saw either one or the other of them.
GUILTY . Aged 25.— Transported for Seven Years.
THOMAS BURTON . I live in Union-street, Greenwich, and deal in grocery. On the evening of the 2nd of Sept. the prisoner came, and said she came for half a quartern loaf, a quarter of a pound of butter, and a half-pound of sugar, for Mrs. Sherwin, who had dealt with me, and the prisoner formerly lived with her—I gave them to her—I should not have given them to her if I had not believed her story, that she came from Mrs. Sherwin.
ANN RAINE . I am Mrs. Sherwin's daughter. The prisoner had left her service at that time—I did not send her, nor did my mother, for these things—my mother has been ill five years, and could not have sent her.
Prisoner's Defence. Mrs. Sherwin owed me 2s., and I asked if I might have a few articles in her name, and the next morning her daughter came with an officer, and gave me in charge.
GUILTY . Aged 55.— Confined Three Months.
Before Mr. Recorder.
GUILTY . Aged 30.— Confined Six Months.
Before Edward Bullock, Esq:
CHARLES JOSEPH HALL. I am in partnership with my father, Charles Hall, a grocer, at Richmond. The prisoner was our errand-boy—on the 13th of Sept., about half-past two o'clock, he was alone in the shop—in consequence of something, I watched the prisoner from a pane of glass in the private passage, from which I could distinctly see what took place in the shop—when I looked through, he had got round the counter, and was opening the till—he took some silver out, and walked very quietly away, nearer to me, about three yards from me, and was counting or looking at the money he had taken—I came out, stopped him, and sent my brother for a policeman.
Prisoner. Q. What was it I took? A. I cannot tell.
THOMAS HALL . I counted the money in the till previous to going to dinner, about a quarter of an hour before this, and there was then 2l. and 7s. or 8s. in silver in it—I went for a policeman, could not find one, and returned to the prisoner—I was left with him while my brother went to dinner—he began crying; he said it was his first offence; he was very sorry, and offered me, I think, 18d.—I counted the money in the till, and there was but 1l. 19s. 6d.—we had missed money before.
Prisoner's Defence. I had two weeks' wages in my pocket.
GUILTY . Aged 15.— Confined Six Months.
Before Mr. Recorder.
2792. WILLIAM SPIERS was indicted for stealing, on the 8th of Sept., 61bs. weight of whitening, value 4d.; 5lbs. weight of ochre, 4d.; 1/2 lb. weight of plaster-of-Paris, 2d.; 3 pantiles, 1d.; and 1 slate, 1d.; the goods of William Drew and another, his masters.
GEORGE WOODS (police-constable V 209.) On the 7th of Sept. I saw the prisoner coming from Richmond-green, towards King-street, with a sack on his back, rather bulky—he went up a court leading to the back of his house—I waited till he came out again, and the sack looked much less—I afterwards communicated with Mr. Drew, and went with young Mr. Drew to the prisoner's house—we there found three lumps of whitening, some ochre, come plaster-of-Paris, three tiles, and one slate, which I produce.
WILLIAM RICHARD GABRIEL DREW . I am in partnership with my father, William Drew, as bricklayers and plasterers, at Richmond. The prisoner was in our employ sixteen years, at 15s. a week—I found these articles at his house, in different cupboards in the same room—the slate was in a cellar—I did not authorise him to take them—we had things of this description—they are worth 1s.
Cross-examined. Q. I believe you were much grieved at being compelled to prosecute? A. Yes—I will take him into our employ again—he said that the whitening and ochre were our property, but the slate was in his house when he took possession of it, and the tiles were given him by a Mr. Gregory—I cannot swear to the tiles or slate, nor to the other things, but for his statement—he lives three or four hundred yards from our warehouse—we had a job at the Union, and he would have to pass the court where he lives to go to it—he had no business to call there—he ought to have gone straight from our yard to the Union.
NOT GUILTY .
2793. EDWARD HOUGH and WILLIAM SHORT were indicted for stealing, on the 2nd of Sept., 2 sacks, value 3s.; and 8 bushels of wheat, 2l. 10s.; the goods of Thomas Sedgwick Summers, their master, from a barg on the navigable river Thames.
WILLIAM BRIDGES (Thames police-constable, No. 27.) On Saturday evening, the 2nd of Sept., between eight and nine o'clock, I had charge of a police-galley at Battersea-bridge—I saw a boat with the two prisoners in it, rowing fast—I saw something bulky in the boat, under the fore-part, and in the state-room—I asked Hough what he had in the boat—he said a quarter of wheat which was going on board the Phœnix barge—I asked if he had any bill with it—he said he had not—I asked if the captain knew it was going on board—he said he did—Captain Sparrey is the captain of the Phœnix—I gave the prisoner in charge of my men, and went on board the Phœnix—after having seen the captain I asked Hough the name of the foreman—he said Mr. Bradley—I asked if he knew of its coming away—he said yes—I allowed them to put the wheat on board the Phœnix—I took Hough with me to the Queen Charlotte public-house, and asked Bradley, in his presence, if he knew any thing of the quarter of wheat going away—he said no—I said, "If the quarter of wheat had gone away, would you have known it it?"—he said, "Yes"—Hough said it was a quarter of wheat for Mr. Barnes, who owns the Phœnix—I took him into custody, and got the sacks from the Phœnix—I took this key from Short.
JAMES CHRISTOPHER EVANS (Thames police'inspector.) The prisoners were brought to the station—I said, "You are charged with having a quarter of wheat in the boat; can you give any account of how you came by it?"—Hough said that Mr. Summers desired him to take a quarter of wheat on board the Phœnix barge; that they had been down to the Commercial Dock that afternoon, and when they came up to Mr. Summers's premises they found a quarter of wheat, which they supposed was the wheat; that they were rowing it on board when the police-galley stopped them—I asked who they were working for—Hough said, for Mr. Summers—I went to Simmond's-wharf, and found a barge there called the Mary Ann, with Mr. Summers's name on it—I went into the cabin, and found a door communicating from the cabin to the hold, partly open, and a quantity of loose wheat, about twenty quarters in bulk—it had been trimmed away, so as to allow the cabin door to be opened, and close to the door laid two sacks with the tops opened—there was a deep furrow on the bulk of the wheat, as if something had been drawn through; and from the cabin scuttle to the side of the barge I found a quantity of loose grains of wheat, which appeared as if a sack with a hole in it had been drawn through, and the wheat had dropped out—Bridges gave me this key, and it fitted the lock of the cabin—one of these sacks has a large hole in it.
her cargo—she belongs to Mr. Summers—the prisoners were in his employ—I missed two sacks of wheat from the barge on the Sunday; I had left four, and the remaining two were moved from the bulk of corn, where I had left them, and were lying down, one on the bulk, and the other drawn to the cabin door—the door had been forced open—the prisoners had the care of the barge—they were not employed to deliver any of the corn.
ROBERT BYNES . On Saturday, the 2nd of Sept., the barge Mary Ann was discharging her cargo—the prisoners applied to me, and wanted me to get the barge out of the wharf for them, to take her away home—I refused to do so.
THOMAS SEDGWICK SUMMERS . The prisoners were in my employ, Hough for a year and a half, and Short about a week; the Mary Ann belongs to me. On the 2nd of Sept. she was discharging wheat at Simmond's-wharf—I never directed the prisoners to take two sacks of wheat on board the Phœnix—I have compared the wheat found in the sacks with the bulk on board my barge, but there may be a hundred parcels of wheat of a similar nature, and it is impossible to identify it—these sacks are mine, and the wheat appears of the same quality and colour as that in my barge.
Cross-examined by MR. CLARKSON. Q. I believe Hough has always borne a good character? A. Yes, up to the present time—Short was only a week with me this time, but he had been in my constant employ a year and a half ago, and bore a good character—the prisoners had taken seventy empty sacks on board the Phœnix, on the day in question, by my direction—the Phœnix was going to Feversham that evening or next morning—my skiff occasionally lies at Cherry-garden stairs, which is my place of business—on the 2nd of Sept. the prisoners rowed me to the Custom-house, about twelve or one o'clock in the day—it was in that boat they had taken the empty sacks on board the Phœnix—the Mary Ann laid about three-quarters of a mile from Cherry-garden stairs, and the Phœnix a quarter of a mile higher up.
COURT. Q. You sent no wheat on board the Phœnix? A. Not that day, nor within a week or two—it would be the prisoners' duty to have keys to do their business with—this is my key.
(The prisoners received good characters.)
HOUGH— GUILTY . Aged 23.
SHORT— GUILTY . Aged 25.
Confined One Year.
Before Edward Bullock, Esq.
GUILTY . Aged 23.— Confined Six Months.
2795. JOSEPH COOKE and GEORGE BIGGS were indicted for stealing, on the 2nd of Sept., I bushel of a mixture of chaff, oats, and bran, value 2s.; the goods of Charles Kingsford and another, the masters of Cooke.
THOMAS WEST (police-constable.) On Saturday night, the 2nd of Sept., about eight o'clock, I was on duty by the World turned upside down—I saw a wagon and four horses standing there—the prisoner Biggs was looking after the horses by the house; and in five minutes I saw Cooke come out of the public-house, go into the hind part of the wagon, and remain there about five minutes—Biggs was walking backwards and forwards round the wagon, he looked into the hind part of it two or three times—I saw Cooke come out of the wagon and turn towards the horses; and then Biggs went and took a bag from the back of the wagon, where Cooke came out—he put it on his back,
and walked into the stable yard—I went into the stable yard—the wagon drove away from the door—I could not see who drove it—I saw no more of Cooke till he was apprehended—I followed Biggs into the stable, passed him, and as soon as he got into the stable asked what he had got there—he said he did not know what it was, but some man had given it him to take care of, till it was called for—I asked who—he said he did not know—I asked if the man had a cart or wagon—he said no; he brought it in his arms, and told him to take care of it till it was called for—I took him into custody—there was a mark on the bag; and a bushel and half of mixed hay, oats, and bran, in it.
Cross-examined by MR. CHARNOCK. Q. Where is this house? A. In the Old Kent-road—I was watching there, in plain clothes—I often do that—there were only two wagons there—I had no case here last session—I could not succeed in getting one—I tried to—I am sure Cooke went into the wagon—my brother constable and a man named Watts were there, besides me—I do not know Watts—there are two ostlers at the inn—I do not know that Biggs is one—I did not notice any other man there—I saw Cooke co out of the house and go to the wagon—there might have been another person—I will not swear there was not—I will undertake to say this man went into the wagon, came out again, and turned to the near wheel—he had not got a yard from the hind part of the wagon, before Biggs went in—I did not see him again till he was in custody, which was in about five minutes—as soon as Biggs took the bag, the wagon was driven off, I believe, by Cooke; but I did not see him—the wagon was moved, and I saw Cooke with it—the letters F D are on the bag—I never said I saw a man in the wagon, but could not say who it was.
WILLIAM NOAKES (police-constable N 104.) I was watching with West, and saw Cooke come from the World, towards the wagon—he remained there five minutes—Biggs was walking about at the time, and looked into the wagon three times—I saw Cooke come out of the wagon, and stand by the hind wheel—Biggs took out the bag, and went towards the stable yard with it—I looked after Cooke; he drove the wagon off—I followed it, and stopped him—I asked if he was carman to the wagon—he said, "Yes"—I asked what he had left at the World—he said, "Nothing"—I asked him what he left at the hind part of the wagon for the ostler to take—he said, "Nothing;" he had not been in the wagon, nor had anything been taken from it—I saw the name of Kingsford on the wagon—I took him to the station.
Cross-examined. Q. You were there watching it? A. Yes, I went there with West—we go together sometimes—I have no other case here this session, nor had I last—the last I had was at Croydon—I did not see any body come out of the public-house with Cooke—I did not see him come out—there were several persons on the pavement—I did not see Watts there—there was a coal wagon—I saw Verey standing against the public-house; the wagon was a little below—I am quite certain Cooke went into the wagon—I never lost sight of him—I had been watching about ten minutes or a quarter of an hour—when Cooke came out, he went to the head of the horses and drove on—when I took him into custody, he went with me readily.
CHARLES KINGSFORD . I am in partnership with my brother, as millers, at Stratford. Cooke was our carman, and went out on the Saturday in question—I know this bag, it is a French one; we import a quantity of French flour, and this is one of the sacks—it has F D on it, which are the initials of a French miller, of whom I purchase.
Cross-examined. Q. I suppose the same miller sells a good deal to others? A. No doubt; I do not swear to the sack—I have a great quantity of them—I
saw the sample produced before the Magistrate—I could not say it was mine—chaff cut up is all alike—Cooke has been in our service six months, and conducted himself with great propriety—I had a five years' character with him—if he is discharged, and I am quite convinced of his innocence, I would take him again—this stuff is worth about two shillings, bag and all.
COURT. Q. Do other people's sacks come into your wagon? A. No; we have many of these sacks in our mill.
Biggs's Defence. I have worked three years for Messrs. Edgington, until the last two months; when being out of employ, I was engaged at the World-turned-upside-down, which is a watering-house—I am in the habit of receiving a great many parcels from carriers and wagoners to deliver, or keep for them till they return—it was not Cooke that got out of his wagon—after watering his horses, he drove past the house alongside a coal wagon—I went down the yard—I saw a person get into the wagon, which I am positive was not Cooke—I went to the hind part of the wagon and said, "Is that you, Joe?"—he said, "It is Joe's mate"—he gave me this bag, and said, "I wish you would take care of this for me till it is called for"—I said, "Very well, bring it to the stable door, and I will lock it up"—he said, "I cannot wait, take it for me"—I said, "Very well"—he went on the opposite side of the Kent-road, towards East-lane, and I saw no more of him—I do not know who it was, but it was not Cooke; for he was in the public-house having refreshment—when he came out, I bid him good night—he went towards his horses—I took up the bag, placed it against the stable door, and was in the act of unlocking it when the policeman took me—I never went inside.
NOT GUILTY .
THOMAS WILLIAM WOOD . I keep the Prince Regent, in Regent-street, Lambeth. The prisoner has been in my employ nearly nine years—he ought to be there to open my shop about seven o'clock in the morning—I generally come down about half-past seven—the prisoner had no business to serve—the servant maid has—I know this cann to be mine—it holds one gallon, and is what the prisoner generally carried out beer in.
Prisoner. Q. You are sure that is your cann? A. Yes—I have one more like it—you have been in the habit of carrying out this can for the last three years—I swear it is mine—I purchased it myself—I never found any beer left in the cann which you had not sold—sometimes you bring back a good drop, which I always allow you for—what you did not sell you accounted to me for, and I put it down in a book—you always paid me honourably for what you took out—I never allowed you to serve in the bar, except three months ago, when I had no servant—you then served sometimes, but I have had a servant ten weeks.
THOMAS SYMONS (policeman.) In consequence of information, about half-past one on the morning in question I was watching at my window, and saw the prisoner come down the street from towards the prosecutor's house, and about thirty yards from it, with a cann of beer—he was going into the yard leading to his own house, when I came and stopped him, and asked whether he had got any beer there—he said yes, he had some, which he was going to boil up with some broth or something—I said I must take him back to Mr. Wood—he said he hoped I should not do that; he did not want to go back—I said I must, and took him—after we came out of Mr. Wood's he threw down this bottle on the pavement and broke it, and said, "Here is a bottle
of gin; you shan't have that"—I produce the pieces of the bottle—he afterwards said that every potman must do it to make a living, or else they could not live on their wages, because of the credit they had to give in carrying out the beer.
Prisoner. Q. How long had you information that I was thieving? A. Only the day before—the beer you had was not very stale—I tasted it—the cann was full—I did not notice whether there was any head to it.
SARAH HARRIS . I am in the prosecutor's service, and have charge of the bar in a morning till he comes down. On this morning I came down about half-past six, and let the prisoner in—I did not see any beer drawn after letting him in—I went away for about ten minutes—he had no business to take any beer except what I served him with.
Prisoner. Q. How long have you been in the bar? A. Ten weeks—you told me which taps to use when I was serving—Mr. Wood did not tell me to say you had no business to take beer—I did not have a new gown given to me to give evidence against you.
Prisoner's Defence. This cann the prosecutor swears to I bought myself with my own money, having lost the one which I used to take out—on the Sunday evening I had taken out more beer than I sold, and kept it till next day, thinking to mix it with the twelve o'clock beer in the morning—a cann of beer was ordered for some men who were removing goods, and I took this, thinking as they were going away it would do for them—the beer was my own—I had paid for it, and it was not beer, it was 4d. ale.
MR. WOOD re-examined. He did not pay for the beer before he took it out—he accounted to me for what he did take out.
GUILTY. Recommended to mercy by the Jury and Prosecutor. Confined Four Months. Before Edward Bullock, Esq.
2797. HENRY CARROLL was indicted for stealing, on the 17th of August, 1 cruet-stand, value 2l. 10s.; and 6 cruets, value 10s.; the goods of Sidney Bower; and that he had been before convicted of felony.
ELIZABETH SHACKELL . I am servant to Sidney Bower, of Park-terrace, Peckham. On Thursday afternoon, the 17th of August, between three and four o'clock, I was in the front kitchen with the door open, and observed a shadow—in three or four minutes I saw the shadow again—I went to the back door, and saw the prisoner coming down stairs from the back parlour with the cruets in his hand—I took them from him, and held him till mistress came down and took him from me—he got away from her, and ran away towards the Kent-road—I pursued but did not overtake him—I am quite sure he is the boy.
Prisoner. Q. Where did you take me? A. I stopped you on the stairs.
RICHARD POCOCK . I live in Garden-street, Kent-road, and am nearly thirteen years old. On the afternoon of the 17th of August, between three and four o'clock, I was in Park-road lying on the grass just against the prosecutor's house, and saw the prisoner run out of Mr. Bower's gate, and the witness after him—he ran towards Kent-road-bridge—I met a policeman, and told him what I had seen—I am quite sure he is the boy.
Prisoner. Q. Where did I run? A. Across the fields—I saw you run over the bridge as far as the public-house on the left side of the road—then you came over on this side again.
GEORGE POTTER. On the afternoon of the 25th of August, between twelve and one o'clock, I saw the prisoner in company with two notorious character's
on my beat in the Kent-road—I had had information from another policeman and from the last witness—I took him, went to Mr. Bower's house, and got this cruet-stand.
Prisoner's Defence. There was a fire at my sister's—I came out and was going to look at another fire, when the policeman came and took me for a robbery done ten days before.
GUILTY . Aged 16.— Transported for Seven Years.
Before Mr. Justice Cresswell.
MR. ADOLPHUS conducted the Prosecution.
SAMUEL WILSON (City policeman, No. 515.) On Wednesday night, the 30th of August, about nine o'clock, I was on London-bridge, about the centre of the bridge, and saw a butcher's horse and cart coming from the Surrey end of the bridge—the prisoner was driving, and there were two other persons in the cart—I should say the horse was galloping at the rate of twenty miles an hour—the prisoner had the reins in his hand, and the whip also—when he got opposite to where I was I saw him raise his hand and cut the horse with the whip hard—when the cart had passed me twenty-five or thirty yards it came in collision with a light chaise-cart, which was coming in an opposite direction with two persons in it—the deceased, Mr. Constantine Briggs, was one of them—he was driving—I cannot say at what rate his cart was going—it appeared to me to be going gently—immediately the collision took place I ran to the spot, and on coming up saw three men lying in the road apparently insensible—I picked one of them up, and assisted him out of the road—he was one who was riding in the cart with the prisoner—all the parties were thrown out of both carts—at the moment the collision took place the carts were both out of their proper places—the prisoner's cat was on the off side when it ought to have been on the near, and so was the other cart—the near wheels of the carts came in collision with each other—after assisting the man on the pavement, I returned and took the address on the cart which the prisoner was driving, which was "Jesse Garland, Leaden-hall-market"—the prisoner was in a butcher's dress—I asked him if he was the owner of the cart—he hesitated an instant, and then said "No"—I asked if he had got charge of the cart, and was driving it at the time—he said "Yes"—I saw Mr. Briggs standing with his back against the parapet of the bridge—I asked him if he wished to be taken to an hospital—he said no, he wished to be taken home, where he could have advice—he did not appear much hurt at the time—Mr. Solloway came up, who said he knew Mr. Briggs and would assist him home, and I left him in his charge.
Cross-examined by MR. CLARKSON. Q. Did the prisoner appear to be sober? A. Yes—I did not take him into custody at the time—I took him on Saturday morning, at his master's shop, in Leadenhall-market—he said he was very sorry for what had taken place—I did not perceive that the persons who were in the cart with him appeared frightened—they were sitting quiet when they passed me.
COURT. Q. Was there any other carriage close to them at the moment of the collision? A. No—I think there was room between the light cart and the curb for the prisoner's cart to have kept on its right side if he pleased, but I will not be sure, as both parties were thrown very much out of their position when the collision took place.
GEORGE THOMPSON . I live in Great Union-street, Newington-causeway, and am a straw hat bleacher. On Wednesday evening, the 30th of Aug., about nine o'clock, I was a Newington-causeway, near three quarters of a mile from London-bridge—I saw a chaise-cart driving from the Elephant and Castle towards the bridge at a very furious rate—there were three men in it—the daylight was gone—I stood and watched the nearly to St. George's church—I perceived no alteration in the rate at which the cart was driven—I perceived no attempt made to stop the horse—I could have seen it if it had been done—as it passed me I did not perceive whether he had the reins—from his position in the cart, I should say he was not pulling at the reins, as his position was perfectly erect.
HENRY KING . I am an undertaker, and live in Crosby-row, Borough. On the 30th of Aug. I was three or four doors on this side York-street, at the foot of London-bridge-hill—I saw a cart coming towards me at the rate of fourteen miles an hour—three men were in it—the one who was driving was dressed as a butcher—the other two were sitting still—he was urging the horse to go faster with the whip—I saw him strike the horse twice—York-street is pot more than a hundred yards from London-bridge—I saw him go up the hill as hard as the horse could go, and heard a collision—I lost sight of the cart then—I ran up, and when I got on the bridge on the City side I saw the two carts—I saw the man in the blue frock, but did not notice his to know him again.
WILLIAM GILL (City police-constable, No. 538.) I saw the cart coming at about seventeen or eighteen miles an hour—I saw the prisoner in it cutting the horse—he did not attempt to stop it, but was urging him on, cutting him with the whip—I was on the centre of the bridge—I did not see the c overturned, but heard the collision—I immediately went up, and saw the horse standing out of the cart, and my brother officer was questioning the prisoner—I went on the other side of the road, and found the deceased in the centre of seven or eight people—I brought him on the pavement—he was bleeding from the nose—the driver appeared sober.
HENRY SOLLOWAY . I know the deceased—his name was Constantine Briggs—I saw him on the bridge that day—he was thrown out of his cart, and was lying in the middle of the road on his back—I went to his assistance—the policeman and others assisted in getting him on the pavement—I then recognised him—he knew me, shook me by the hand, and at his request I took him to Mr. Bayfield, a surgeon, in St. Thomas's-street—he had a blow on the right side of the head, of which he complained very much—I did not see him after death.
EDWARD MILLER . I was in the employ of Mr. Briggs. I was riding with him in the cart that day—he was driving at a very slow pace—I did not see the other cart come nor the horse before it touched us—I was thrown out by a cart coming against us, and Mr. Briggs also—a gentleman picked him up—I saw him after he was dead, at his own house.
SAMUEL BAYFIELD . I am a surgeon, and live in St. Thomas's-street, Borough. I knew the deceased—he was sixty-eight years of age—on Wednesday evening, the 30th of Aug., he was brought to my house by Solloway—he complained of injury on his head and right arm—I examined his arm, and found there was no fracture—there was a small swelling over the right temporal bone—I desired Solloway to take him home immediately and put him to bed, and sent him proper remedies—I saw him again early next morning, and found very serious symptoms of injury to the brain had made their appearance—I suggested that we should have a consultation with Mr. Calloway, of Guy's hospital—every possible care was taken of him—he died at one o'clock
on Saturday morning, the 2nd of Sept.—I was present at a post mortem examination—on removing the scalp there was a portion of coagulated blood over the right temporal muscle—on removing the upper part of the skull, the whole surface of the brain appeared much inflamed, and the vessels very much congested—on the right side of the brain was a very extensive laceration, which had caused a cavity, and that cavity was filled with coagulated blood, which was the cause of his death—some serious concussion must have caused those injuries, some powerful external violence—it could not have occurred from natural causes.
Cross-examined. Q. You could not discover any external fracture? A. No—there was considerable laceration on the right hemisphere of the brain—there was no external injury to be seen to cause it—I never saw so serious an internal injury with so little external violence—I am clearly of opinion that there must have been external violence—I have no doubt about it at all—I can conceive of no state of nervous action that could produce such a result—I have known the vessels of the brain congested without external violence—it is generally the case in paralysis and apoplexy, but here the brain was lacerated—it must have resulted from external violence—there was merely a tumefaction externally, which I have named—that was all the external violence—if I had not heard of his meeting with this accident I should have attributed his death to some violent external injury.
Witnesses for the Defence.
THOMAS BAKER . I am clerk to Mr. Garnham, the prisoner's master, who is a carcase butcher in Leadenhall-market. On Wednesday, the 30th of Aug., I went with the prisoner to Norwood—I went to see how the horse went, to try him—I understand horses a little—that was the reason I went with the prisoner—the horse had been brought from the country by George De Coe—we had not had it half an hour before we started—we toek seventy stone of meat down to Norwood—I thought the horse would have run away as we went—there was a difficulty in keeping him in—the prisoner drove him—he did all he could to restrain the horse—he made several efforts to run away on the road to Norwood—after we had delivered the meat we set out to return, about ten minutes or a quarter after eight—John Martin was in the cart with us then—the horse attempted to run away several times on our road home—the prisoner tried to pull him up—I believe he did every thing he could to restrain him, but the horse broke out, galloping several times—I do not know Newington—it was going at a violent pace a quarter of an hour or so before the accident—it was pulled up, and started two or three times—up to the time of the accident the prisoner used every effort to restrain the horse—in my judgment it was ungovernable in his hands—he was not able to restrain it up to the time of the accident—he had not power enough—the last time the horse started was somewhere by the Elephant and Castle—I was thrown out by the collision, and stunned—we were all three perfectly sober—I have known the prisoner three-quarters of a year—he was always a steady, sober, trustworthy person.
MR. ADOLPHUS. Q. Are you a judge of the pace and manner of driving horses? A. Whether a horse is sound or not—I have never driven much—Norwood is seven or eight miles from London—we staid at Norwood about an hour and a half at Mr. Auben's, and at the inn close by—I do not think the horse was fed there—I did not eat any thing there—I drank a little—I had brandy and water—I believe the prisoner had beer and brandy and water—I did not know Martin before—the prisoner spoke to him—I believe he is a tailor—the horse started several times—there was no outcry among the people—the prisoner had the reins—he pulled with the hand—I did not see him strike—he did not strike with the whip in my sight—I believe he did
not—I could not swear he did not—he was pulling the horse up as much as he could—I believe he did not lash the horse with the whip—I did not see the whip—he had one when he went to Norwood—I did not see it afterwards—the whip was put in the hind part of the cart—we were all sober.
MR. CLARKSON. Q. All three of you were sober? A. We were sober to know what we were about—I was certainly not tipsy—the prisoner did all he could, both in going and returning, to restrain the pace of the horse.
COURT. Q. Did the horse continue to gallop from the moment you left the Elephant and Castle, till the accident happened? A. Yes, he was ungovernable—I was much alarmed—I was holding on the seat of the cart, and my eye might be turned if he did strike with the whip—I could not swear whether the horse was struck or not.
THOMAS MARTIN . I am a tailor, and was in the employ of Mr. Auben, of Norwood, at this time—I accompanied Baker and the prisoner up to town with the horse—I was in the cart at the time the accident happened, and was thrown out and stunned—the prisoner was perfectly sober, from what I saw—the horse broke out once or twice into a regular gallop, and he paying attention to it seemed to get it into a regular pace, but from time to time it broke out into a sort of gallop—he broke away very fast from the Elephant and Castle, till we came near the turning at the Queen's Bench, and made a sudden turn there quite unexpectedly to any one—he started off faster, if possible, than he had done before, and was going at a tremendous pace at the time the accident happened—the prisoner was unable to restrain him from the time he tried to turn up the road by the Queen's Bench—after he checked him there he became quite ungovernable—his pace seemed twice what it had been—that continued up to the time of the accident—I once rode with the prisoner before.
MR. ADOLPHUS. Q. Were you present at the inn? A. Yes—the prisoner had a little ale with me, and after that a small drop of brandy and water. I do not know how many glasses we had—we were waiting at Mr. Auben's for Baker—we might be there an hour and a quarter, while the prisoner went to another place to deliver some meat—I never saw a whip—he gave the horse a sudden check by the Queen's Bench, which startled it, and it galloped faster.
MR. CLARKSON. Q. I suppose you know enough about horses to know that you may turn a horse back when you cannot stop him? A. Very possibly—we might have had two or three sixpenny-worths of brandy and water between three of us.
COURT. Q. Do you mean to say he had not a whip? A. I do not mean to say so, but I did not see one from the commencement of the journey to the finish—I can undertake to say I never saw one in his hand during the whole journey.
JESSE GARNHAM . I am a butcher, and live in Leadenhall-market—the prisoner was in my service at the time in question—the horse was a new one for trial on that day—I had directed the prisoner to take the horse—I did not know Baker was gone with him till afterwards—the prisoner has been about two years in my service, and is a steady, sober, well conducted man—I trusted him to drive my horse and cart for a year and a half—when I found what had happened I returned the horse to the persons I had him of.
NOT GUILTY .
Before Mr. Justice Erskine.
2799. RICHARD PERRY was indicted for feloniously assaulting Martha Morley, on the 5th of September, and cutting and wounding her in and upon the neck and throat, with intent to do her some grievous bodily harm.
MR. BODKIN conducted the Prosecution.
MARTHA MORLEY . I am an unfortunate woman, and live in Vine-court, Tooley-street, Borough. On the 4th of September, between twelve and one at night, the prisoner came to my place—I had never seen him before, ito my knowledge—he appeared to be very much in liquor—I said nothing to him, but shut the door—I refused to let him in—with that he burst the door open—it was bolted—the bolt was not quite forced off—the hinges were forced so as to let him in—he came into my room, which is on the ground floor, and dragged me over a place, close against my bedstead, out into the court by the hair of my head, and said he would cut my b—throat—he threw me down and took a clasped knife out of his pocket—it was shut when he took it out, and I saw him open it—he then cut my throat—I called out for assistance—a person named Jakes came up, and I saw the prisoner chuck the knife about two yards from him—a young woman who was in the house at the time, went and fetched the police, who came and took the prisoner into custody—I saw the knife picked up by a young man and given into the policeman's hands—it was such a knife as this now produced—the cut was not very deep—I went and got some strapping put on it—I was not attended by any medical man.
Cross-examined by MR. CHARNOCK. Q. What is this place of yours, a brothel? A. Yes—the prisoner did not come home with a girl—he came to my door by himself—he had been very much ill-used, his face was all over blood—I believe he had been fighting—I am sure his face was not perfectly free from blood when he came there—I was perfectly sober—Susan Turner did not bring him to my place—she was up stairs going to bed at the time—she lives in the house, and no one else but me and my sister—there are no men—there were none there that night—I refused the prisoner admittance because he looked so frightful—we had no words or quarrelling—I shut the door in his face—I told him he could not come in there, as I was going to bed—I did not strike him—when he burst open the door I said, if he did not go away I would come out and fetch a constable—Turner came down stairs then—I cannot say whether the prisoner knew what he was about or not, but I believe he was very much in liquor—I am quite well now.
CHARLES JAKES . I live about three doors from the prosecutrix—on the night in question I heard a noise at her house, in consequence of which I came to the door, and saw the prisoner and prosecutrix scuffling togther—he got her down on the stones outside in the street—I think he had his arms somewhere round her neck at the time—he was on the top of her—I heard him say that he would cut her throat, and saw him take a knife out of his right-hand jacket pocket—I did not notice whether he opened it—she sung out "Murder"—I directly ran, picked the man up from her, and took her in doors—he threw the knife away—I saw it picked up, and given to the policeman—this is it, I believe—it was turned up a little at the point, where it hit against a stone when he chucked it, but that has been altered—the prosecutrix was bleeding at the throat, and I wiped the blood off—the police came up and took him.
Cross-examined. Q. Was Morley tipsy? A. She was sober, as far as I know—she went very quietly with us to the station—I had been in bed for several hours before this occurred—I did not see several girls and men beating
the prisoner on the ground—I did not see him when he first came to the house—he was bleeding about the face when I pulled him off the ground—I saw at the station that he had been very much knocked about and very tipsy—he is a Welshman—I could understand what he said—I saw Turnes there.
SUSAN TURNER . I live in Mrs. Morley's house. I was going up stairs to bed when the prisoner knocked at the door—Morley went and opened it, and seeing the prisoner's face in a dreadful state, shut it again in his face—I did not see his face then—he afterwards burst the door in, dragged her out by the hair of her head, and said he would cut her throat—I heard him—I was there then—I went to the door, but was afraid to go up and assist her—I saw a knife in his hand—I went and brought a policeman, and he was taken.
Cross-examined. Q. The prisoner was an utter stranger to you? A. Yes—no men live in our house—I had not seen the prisoner before that evening—he did not go home there with me—I first saw him when he burst the door in, and never before—I am an unfortunate woman—I was sober, and so was Morley—it was a slight wound—it bled very much—I did not see any blood on the prisoner's face when I first saw him—I did not see his face at all the first time.
THOMAS HICKEY (policeman.) I was fetched by Turner, and found the prisoner there, and a great many women round him—Morley had been takes into her house—I took the prisoner in charge—he appeared drunk—I told him I took him for cutting the woman's throat—he said he had not done it—as I took him to the station I overtook the prosecutrix—this knife was given to me at the station by a brother constable who is not here.
Cross-examined. Q. Do you know what the prisoner is? A. I believe a sailor—he was standing up against the wall, and the women had hold of him, keeping him till I came—I did not see them knocking him about—he had been dreadfully ill-used by some person—he was very much covered with blood, and was wounded—I took him to the station, and sent for Mr. Trego, the doctor—it is no unfrequent thing to have disturbances in this court—I searched the prisoner—he had 1s. and three farthings.
MR. BODKIN. Q. Did he look like a man who had been fighting? A. He did.
MR. CHARNOCK. called
ANN SWINNEY . I keep a house for unfortunate girls at No. 5, Vine-yard. On the night in question I saw the prisoner walking along with Susan Turner—I was sitting at my door—the prisoner came up, and asked me if I was the landlady of that place—it was between eleven and twelve o'clock—I saw them go into Morley's house both together, and saw the door closed—the prisoner was in liquor, but there was nothing the matter with his face then—he was not bruised or bloody, nor had he any appearance of having been fighting—about ten minutes after, I was standing at my door, and heard a row—there was a mob of people down the court, and I saw a hat coming down from the mob—I picked it up and went towards them—I saw the prisoner on the ground among the crowd, under a window, on the opposite side of the house he went into—they were all kicking him about, and one of them had hold of him by the hair of his head—I saw Morley there—she said he had cut her throat—the prisoner was down under the people, and could not get up—his face was bleeding—I did not go near, as they knocked me about—I went and put the hat inside, and came back again—he was then given into custody.
MR. BODKIN. Q. How near is your house to Morley's? A. Only a few yards—it is round the corner—I know the time this happened, as somebody asked me what o'clock it was, and I went to see—it was about ten minutes
to twelve—I was looking at Morley's house from the time the prisoner went in till he came out—I did not see him break the door down—he did nothing of the kind—I did not see any knife in his hand—I saw Morley's throat scratched—it did not seem to me to be a cut—there was blood, but there was more blood from the prisoner—I did not know him before—he was quite a stranger—he had been sitting at my door that evening with another young woman and me—he sent me for a pot of beer—he had been at my house about half an hour, with the other young woman—Susan Turner came up, tapped him on the shoulder, asked him to come with her, and turned him up to Morley's, where she lodged—he had spent 5d. at my house for a pot of half-and-half—he went just inside my door, and sat down—he did not go into any room with the other girl—he was tipsy, but knew what he was doing—about six or seven minutes elapsed between his going away and this happening—I did not see him taken—I did not hear that he was before the Magistrate next day—I did not go there to state what I knew—they never asked me, or else I would have gone—I have been subpœnaed here to-day—the prisoner's attorney subpœnaed me last Wednesday—a gentleman named Davis, who knows the prisoner, sent me to him—I have not been in any affray myself lately—I have a black eye—a young woman heaved a salt-cellar, and hit me in the face.
MR. CHARNOCK. Q. Had the prisoner any money about him when he left your place? A. All the money I saw with him was 1s.
JAMES TREGO . I am assistant to Mr. Odling, surgeon to the M division of police. I was sent for to the prisoner, about half-past twelve, and found him very much bruised, with a lacerated cut behind his right ear, and a cut over his right eye—his face was very much bruised—he had the appearance of a man who had been very much ill-used and beaten—it might have been done by a fist, or a stone, or any hard substance—I administered some relief to him—I did not see him afterwards—he was very tipsy.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 58.—Recommended to mercy, thinking he had received provocation. — Confined Four Months.
Before Mr. Recorder.
CHARLES CATTERMOLE . I am a baker, and live in the London-road. The prisoner was in my employ three months. I never received the sums of 11 1/4 d., 7 1/2 d., and 3 3/4 d., from Mr. Gill—it was his duty to pay me what he received every night—I settled every night—if he did not give me the money, he should put it in a book.
Cross-examined by MR. PRENDERGAST. Q. Are you sure of that? A. I am—I am secretary to William Cubitt, the civil engineer. I took in the bread on the first and last of these occasions—I let the prisoner in, and paid him the money myself—the second time, I am not certain whether I or Mrs. Gill paid him—I gave him 1s. the first time, and received three farthings change—I have a book which I keep myself—(producing it)—I put down the sums at the time I paid them—this 3 3/4 d. was for a 2lbs. loaf—I am quite sure I paid him myself on the last occasion.
former conviction, which I got from Mr. Clark's office—(read)—I was present at the trial—he is the person.
GUILTY . Aged 43.— Confined Six Months.
Before Mr. Common Sergeant.
GUILTY . Aged 24.— Confined One Year.
GUILTY . Aged 17.— Confined Two Months.
WILLIAM AXTELL . I am a leather-dresser, and live in Russell-street, Bermondsey—the prisoner was my journeyman. I missed twenty-four skins of leather, and found seventeen of them in a shop occupied by the prisoner in Church-street—I believe them to be mine—these are them.
MICHAEL DUMPHRIES . I have examined these seventeen skins, and I can identify two of them as what I dressed for the prosecutor—I believe I dressed them all, from their general appearance, but these two I can identify.
Prisoner. He said he could challenge them by a scab; they ought to be marked with a hammer, and that hammer brought into Court. Witness. Oh yes; I did not mark these because there was no other person dressing goods but me at that time; I work for Mr. Heffer.
Prisoners Defence. There are holes in plenty; I had some skins in the house which I am in the habit of buying and selling when I have no work? whatever the prosecutor gave to me, I brought them in to the number.
GUILTY. Aged 52.—Recommended to mercy. — Confined Six Months.
2804. JOHN COTTERILL was indicted for stealing, on the 1st. of Sept., 12 hooks, value 5s.; 144 fastenings for carriage-blinds, 1l.; and 72 brass knobs, 5s.; the goods of John Boden: and BENJAMIN BOORN for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JOHN BODEN . I am a coach ironmonger, and live in Waterloo-road, Southwark. On the 1st of Sept., about half-past eight o'clock in the morning, I had a parcel on my counter containing the articles stated—I missed it about nine o'clock—I have not seen any of the articles since—Cotterill had been in my shop between eight and nine that morning.
WILLIAM JOHN BODEN . I am the prosecutor's son. I was in the shop that morning while he went to breakfast—I found Cotterill in the shop about half-past eight, but did not see him come in—he came for a penny-worth of nails—we would not sell a penny-worth, and he left the shop—I had some suspicion, and missed a parcel off the counter—I am quite sure nobody else had been in who could have taken it.
Cross-examined by MR. CHARNOCK. Q. Where were you? A. In the parlour—the door was open—no one could have come in without my seeing them—I did not see Cotterill come in—I was reading a newspaper—it might
be twenty minutes or half an hour before I missed the parcel—I had been up stairs in the meantime—my father came down before I went up.
WILLIAM SCHOFIELD . I am a carpenter, and live in King-street, Lambeth-walk. On the 1st of Sept. I had to do some work to a van for the prisoner Boorn—I told him I wanted some nails—he said he would send Cotterill for a penny-worth—I said that was no use, I should want half a thousand—he said he would not trust him with any more money—he afterwards sent Cotterill with 1s. to get two quarters of a thousand—he brought two packets, and one was not right—I sent it back—Cotterill returned, with two parcels, one of which had a brass knob outside—Boorn asked Cotterill what he wanted for it, and he said, "Give me 2s., Ben"—Boorn gave it him, and he jumped down out of the van—Boorn said to him, "Don't go there any more, Jack, or you will be nailed "—on the Thursday following I met Boorn—he said I had been to the station-house—I said I had not—he said, "You b—, if I thought you had, I would jump your b—guts out"—he said, "Never mind; if you had, I could have brought a person to prove that you bought the things"—I said, "Very well," and the next, morning I went to a Mr. Redford, an ironmonger, and then to Mr. Boden's.
Cross-examined. Q. What are you? A. I was apprentice to a pianoforte maker, not a regular apprentice—I was put under Mr. Daley to learn the business—I was with him five years and a half—he was an irritable sort of man—I was always running away through his bad temper—I left him of my own accord—I was not discharged for stealing tools nor spoons—he raised a report that I stole a silver spoon, and took me to the station, but I was acquitted—I was not in custody above two hours—I have been in trouble since then.
Q. When you were asked before the Magistrate if you had been charged with felony, did you not deny it? A. I did at first—I did not know I was on my oath—when the policeman stated it I recollected that I had been charged with felony—I think that was for keeping bad company—I was locked up in the station for one night—I never was put into prison for any time—I was not on friendly terms with Boorn—I had no quarrel with him—the reason I went to Mr. Bedford's was that his was the nearest shop—I have stated that Mr. Boden came down the yard the day that this occurred, but I did not then know that it was him—I did not make this known before, because Boorn owed me some money, and I wanted to get it—six days elapsed before I made the disclosure—I have not been paid my money—I do not know how much Boorn intended to give me—I did not tell him when I met him that I would go to Mr. Boden—I did not know Mr. Boden's name—that must have been a mistake when I was telling the man to write down the deposition.
Cross-examined. Q. Where did you find him? A. In a van, in Owen's-yard, about one o'clock in the morning.
JAMES PEPPER (police-constable L 51.) I took Cotterill—I asked him if his name was Cotterill—he said no, it was Hal Clare—in going along he said, "My name is John Cotterill; what do you want?"—I said, "A gentleman in the Waterloo-road wants you"—he said, "There were more in the shop besides me."
NOT GUILTY .
WILLIAM BASTICK . I am collector of tolls at the turnpike gate at Tooting; the prisoner was my assistant, to go on errands. On the 29th of August I missed two sovereigns from a box in the clipboard—he was present when I put one of the sovereigns into the box at dinner time, and I missed them about three o'clock—he was then gone, and I did not see him again till the Wednesday week afterwards, when he was in custody—he had no business to leave me.
LUKE HARVEY . I was on Tooting-common on the afternoon of the 29th of August—the prisoner came up and showed us two sovereigns and a sixpence in his hands—a boy who was with me asked where he got it from, and he said from the toll-gate.
GUILTY . Aged 14.— Confined Two Months, and Whipped.
JOHN BARBER . I am a bone-merchant, and live in Baldwin's-place, Gray's Inn-lane. Rose was in my service—he left at half-past seven o'clock on the 14th of Sept., with a load of bones, to go to my wharf at Lambeth, where I carry on my business.
Cross-examined by MR. DOANE. Q. You saw the bones carted? A. Yes, I helped to load them.
Cross-examined by MR. HORRY. Q. He had taken bones to your wharf? A. Yes, several times—he was four years in my service, and behaved well.
JOSEPH SINGLETON . I followed the cart after it was loaded—Dover followed the cart, and then he went into a public-house, and brought out as empty sack, which he gave to Rose, who half filled it with bones—they then went on, and when they got to Drury-lane, Rose finished filling the sack—Dover was at the corner of the street—they went on, and Rose got on the cart, and rode over Waterloo-bridge—they stopped and had some drink—Rose then got on the cart, and gave Dover the sack—he took it on his back, and went away.
Cross-examined by MR. DOANE. Q. What are you? A. A labourer—I was employed by Mr. Barber to follow the cart—I have been a witness twice in this Court—I got the same expenses as another person—both the prisoners I appeared against were transported—one of them was Selina Wellesley—she was transported for seven years for robbing me of a child and its clothes—I have not been a witness in any other case till this—I was in the service of a Mr. Chipperton, a bone-merchant, in Fulham, for three years—he gave up business about twelve months ago—I worked for Mr. Baxter, a bone-merchant, at Croydon, for about a month, till he sold his business about nine months ago—since then I have collected bones for myself—I gave Dover into custody with the bones in his possession.
Cross-examined by MR. HORRY. A. Have you not been something else here besides a witness? A. I was tried for stealing coffee, but it was proved that I bought and paid for it—I was summarily convicted about a private still—they kept me in the House of Correction till such time as the Commissioners investigated the case, and then they discharged me—Dover had been waiting half an hour previous to the cart coming out.
(The prisoners received good characters.)
ROSE— GUILTY . Aged 23.
DOVER— GUILTY. Aged 40. Recommended to mercy.— Confined Three Months.
2807. GEORGE TWINE was indicted for stealing, on the 30th of Aug., 1 coat, value 8s., the goods of Alexander Harvey; 8 waistcoats, 10s., the goods of George Fuller; 1 coat, 7s., the goods of George Fuller, the younger; and 2 pairs of reins, 10s., the goods of William Riches; and that he had been before convicted of felony.
ALEXANDER HARVEY . I am in the service of Mr. William Riches, a coach-master, at Clapham Common. On the 30th of Aug., I locked the stable, and left it safe a little before one o'clock—my coat was then on my fellow-servant's box—the reins were there—this is my coat, and these are my master's reins.
JOHN DEMPSEY (police-constable V 268.) I found these things outside Mr. Riches' stable door, at half-past one o'clock in the morning—the prisoner was inside the stable—I took him—the door was locked inside—he had lifted up a flap on the stable loft, and got in.
Prisoner. He did not find the coats at all—he did not see them till the ostler called him back, and he took them. Witness. The ostler saw them as we were going from the stable door.
JAMES SLATER (police-sergeant V 15.) The prisoner was brought to the station—he said when he left Lambeth he did not intend to do any thing, but he thought he might as well take something, and if he got these he would set up costermongering next day, and leave off thieving—he said he expected to have a ride over the water.
Prisoner. I don't think I did.
GUILTY . Aged 25.— Transported for Seven Years.
JOHN ENGLAND . I am a tailor, and live in Philip-street-cottage, Philip-street, Bath. I was present at St. James's church, Bath, on the 20th of July, 1823, and was a witness to the prisoner's marriage with Jane Seawood—I saw her this morning alive.
Cross-examined by MR. BALLANTINE. Q. Had you known her previously? A. Not till the marriage—I attended at the prisoner's request—she was married as a widow—I have since heard, that the way she obtained her widowhood was by her husband being transported.
JANE BAYMAN . I am in the service of Mr. Watts—I was present at Lambeth church on the 25th of June, 1827, when my sister Elizabeth was married to the prisoner—she was a spinster, and twenty-eight years old.
Cross-examined. Q. I believe she has not set this prosecution in motion? A. No—she found him a good husband, very sober, affectionate, and kind.
GUILTY . Aged 46.— Confined Ten Days.
2809. HENRY SAMUEL WILLIAMS was indicted for stealing, on the 26th of Aug., 2 pairs of shoes, value 4s.; the goods of Joseph Allworth Pash, his master; and MARY WILLIAMS , for feloniously receiving the same, well knowing them to be stolen; against the Statute, &c.
JOSEPH ALLWORTH PASH . I am a shoemaker, and live in Frederick-place, Kent-road. Henry Samuel Williams was in my employ—I left my shop on the 26th of Aug.—I saw two pairs of shoes which were found at the
pawnbroker's, and were pawned on the 26th of Aug.—they are mine, but I cannot say that I had missed them—Mary Williams is the male prisoner's mother—she is not in the habit of coming to my house—she has had no dealings with me for the last two or three months—her son lived on my premises, but had no authority to part with these shoes.
JOHN WILLIAM SARGEANT DOWNER . I am a pawnbroker. I took in these shoes on the evening of the 26th of Aug., from Mary Williams, in the name of Ann Williams, No. 2, Sun-street—that is not where she lives.
NOT GUILTY .
JOSEPH ALLWORTH PASH . The prisoner was in my service—on the 16th of Sept., he left my shop, and I missed a pair of boots—I followed him, and gave him into custody—the policeman found one boot in each of his pockets—these are them—they are mine.
Prisoner. I was in want of money; I thought I would take a pair and sell them.
GUILTY . Aged 17.— Transported for Seven Years.
NOT GUILTY .
GUILTY . Aged 41.— Confined One Year.
NOT GUILTY .
Before Mr. Recorder.
2814. RICHARD LAMB was indicted for burglariously breaking and entering the dwelling-house of William Watts, after the hour of nine in the night of the 11th of September, at Lambeth, with intent to steal, and stealing therein, 1 thimble, value 1s. 6d.; 2 pencil cases, 1s. 6d.; 1 stud, 1s.; 1 pair of earrings, 4s.; 1 cornelian heart, 1s.; 2 brooches, 2s.; 1 ear-drop, 1s.; 2 hair bands, 2s.; 1 purse, 2s.; 1 neck-chain, 2s.; 1 pair of bracelets, 1s.; 3 other bracelets, 3s.; 1 buckle, 2s. 6d.; 1 bodkin, 6d.; 1 pen-knife, 6d.; 2 combs, 2s.; and 1 pair of scissors, 6d.; the goods of the said William Watts.
MR. PRENDERGAST conducted the Prosecution.
CHARLES HOLLOWAY . I am clerk in the employ of Messrs. Sherwood, of Lambeth, and live in Belvidere-crescent, Lambeth—at half-past nine on Monday evening, the 1 lth of September, I came from Messrs. Sherwood's counting-house—in going across Belvidere-road I saw a light in Mr. Watts's house, which is opposite Mr. Sherwood's—I went down the road some distance and still observed the light—I went back, stood with my back towards the gate, and still saw the light—it moved down stairs—I crossed and knocked a gentle tap at the door—I was not certain whether Mrs. Watts was at home—as soon as I tapped I stepped back a pace or two and looked at the fan-light over the door—I saw the light immediately go out—there is a yard for building materials adjoining Mr. Watts's house—directly the light went out I heard the bolts of the back door drawn—I looked through the crevices of the
building-yard door, and it being very moonlight I saw a person get over a wall about six feet high, and slide down the building materials up against the wall separating the yard from Captain Watts's premises—the man then went in an angle across the yard, and climbed up the building materials—I ran round the premises in a direction which I expected he would come—he peeped down, saw me, and began to retrace his steps—several pieces of wood fell down with him—I could hear his footsteps at the other end of the wall in a direct angle across the yard—he jumped over the gate I had been peeping through, nearly into the centre of the road—I had then retraced my steps to the corner of the fencing, and saw him just descending into the road—I ran up and caught hold of him—I thrust him across the road into Mr. Sherwood's court-yard, which is well lighted, and called for assistance—he then struggled very violently, and I had his face full to the gas-light, not more than six feet from it—he at last succeeded in getting away from me—I had had him last by the arms, and was afraid he would strike me—his hat was knocked off, and he ran off—I followed him—when he arrived at some houses, called Kelham-place, sixty or seventy yards off, I distinctly saw him throw some things in the area of one of the houses, and heard them most distinctly against the wall—I was very near him, almost touching his coat—some other person joined in the pursuit—he went as far as Edward-street—he went down there into the York-road, and at the end there I lost sight of him—I could not run any farther, and called out "Stop thief"—a great many persons were in pursuit of him—I waited two or three minutes—I can swear that the man brought back to me by the policeman was the man I had seen before—it was the prisoner—I went to the house in Kelham-place—the lady was standing at the door—she went down into the area with a light—I stooped and saw her pick up something—she brought these things and delivered them to me—I gave them to the policeman—some other things were brought to me by some gentleman, which I gave to the same policeman—this thimble was afterwards picked up in the road—it was not brought to me—the middle of the Belvidere-road is about thirty or forty yards from Captain Watts's—the prisoner ran directly down the centre of the road, so if any thing had been found in the middle of the road, thirty or forty yards from the house, it would have been in the direction he took—he ran past the fence of Kelham-place—the fourth house down is No. 39—he threw the things there.
Cross-examined by MR. WILKINS. Q. You never saw him before? A. No—this was in the parish of Lambeth.
MARK WILLIAM GREEN (police-sergeant L 2.) On that night I received information, and went into Captain Watts's yard—there was a back door, which was open, leading into the yard; and between that and the timber yard there is a wall—I went into the house, and up stairs into the back bed-room, on the first floor—I found a number of things, consisting of bracelets, buckles, scissors, and other things, strewed on the bed—there was no one in the house—Mr. Sherwood went in with me—I afterwards went down stairs, and found a piece of candle lying on the boards in the passage; and some congreves on the back-kitchen table—I carefully examined the house—the front door was locked, and bolted top and bottom—there were no marks of violence outside the back-door—every one of the windows were fastened—I tried some skeleton keys which were found in Mr. Sherwood's yard, and some others produced by an officer, to the doors; and they did not appear to have been opened by them—access appeared to have been obtained through the front door, and then it was bolted afterwards.
Cross-examined. Q. I suppose, as a matter of fact, you know no more than we do? A. No.
ELIZABETH JONES . I am the wife of James Charles Jones, and live in Kelham-place. A gentleman came to me at half-past nine o'clock, on Monday night, and gave me directions to search the area—I found two parts of a ring and a small part of a garnet pin or ring—I gave them to Mr. Holloway—I had heard them thrown down three or four minutes before Mr. Holloway came.
JOHN FENN (police-constable L 154.) I took the prisoner about two or three hundred yards from Edward-street—I took him back to Mr. Holloway who said in the prisoner's presence, that he was the man—he was dressed as a person generally is in the street, but he had no hat on; that and his running fast caused my suspicion—Mr. Holloway found his hat—I received part of the property from Mr. Holloway that night, and part the next morning—I produce it.
Cross-examined. Q. How many other persons were running? A. I cannot tell, perhaps a dozen—I met Mr. Holloway in the York-road, as I was taking the prisoner back—I was in the middle of the road—Mr. Holloway said, as soon as I saw him, that the prisoner was the man.
GEORGE BEATTY (police-constable L 80.) I was on duty in Belvidere-road on this Monday night, about half-past nine o'clock, I found a thimble about thirty or forty yards from Mr. Watts, in the centre of the road—I received from Tudor a cornelian heart and a shirt stud, a few minutes after.
THOMAS TUDOR . I am a commercial traveller, and live in Kelham-place. I heard a cry of "Stop thief," and went to the door—I saw a number of persons running—I had a light brought, and searched opposite No. 39, close to the railings, I found a cornelian heart, and a boy standing by gave me a shirt stud.
JESSE RUTLAND (police-sergeant L 28.) On the Tuesday morning after this occurred, I was on duty in the Belvidere-road—I picked up two pencil-cases within four or five yards of Mr. Sherwood's timber yard, and close by Mr. Watts's.
MARY WATTS . I am the wife of Captain William Watts, and live in Belvidere-road, in the parish of Lambeth. On Sunday morning of the 4th of Sept. I I left home about seven o'clock—I left no person in possession of the house—I left every place fastened—I went out at the street door, and double-locked it—the back door was bolted with three bolts and a latch—I am quite sure ofit—I returned on Thursday—I found every thing in the room disturbed—theboxes in the front bed-room were removed, and the clothes lifted out, as if theywere going to be packed up—the back room appeared to have been entered—the police had been there before us—we heard before we got there that the house had been entered—these things produced are all mine—I am quite sure of it.
Cross-examined. Q. How many rooms are there? A. Four, two up stairs and two down—a good many drawers appeared to have been opened—I it must have been the work of some time.
WILLIAM HENRY ELKIN . I am a grocer, and live in Belvidere-road. On Monday night I was sitting in the back parlour at half-past nine o'clock—I went to the back yard, and I was called to go to the front—I saw a number of persons running at the other end of the street—I saw the prisoner taken into custody—I then searched my back yard—it is nearly a quarter of a mile from Mr. Watts's—I found a bag containing skeleton keys and a crow-bar—I cannot tell whether they had been in my yard before—I had not seen them—I gave them to Beatty—our yard extends to Edward-street, and the key were found about ten or twelve feet from Edward-street—any one could throw the keys from the street to my premises.
CHARLES HOLLOWAY re-examined. I was with the policeman when he picked up these keys behind the timber, where the man fell down—Green pointed out the spot where the keys were found—that was the spot where the man came down.
THOMAS KIRBY . I live in Kelham-place. I was standing outside my house on Monday night—I saw Mr. Holloway pursuing the prisoner—I followed him, and saw him raise his hand at the turning out of Belvidere-road to Edward-street, near the wall which separates Mr. Elkin's yard from Edward-street—he had an opportunity of throwing anything away—I did not see anything drop from his hand—I saw the prisoner apprehended—I am sure he is the person Mr. Holloway was pursuing.
GUILTY of Housebreaking. Aged 23.— Transported for Fifteen Years.
ADJOURNED TO MONDAY, THE 23RD OF OCTOBER.