CENTRAL CRIMINAL COURT.
TWELFTH SESSION, HELD OCTOBER 23RD, 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, October 23rd, 1843, and following Days.
Before the Right Honourable JOHN HUMPHERY, LORD MAYOR of the City of London; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir William Wightman, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir John Key, Bart.; Sir Peter Laurie, Knt.; Charles Farebrother, Esq.; William Taylor Copeland, Esq.; Thomas Kelly, Esq.: Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; William Magnay, Esq.; Michael Gibbs, Esq.; John Johnson, Esq.; Sir George Carroll, Knt.; Thomas Farncomb, Esq.; William Hunter, Esq.; and Thomas Challis, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
HUMPHERY, MAYOR. TWELFTH 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, October 23rd, 1843.
First Jury, before Mr. Recorder.
FREEMAN— GUILTY .— Confined One Month.
JONES— GUILTY .— Confined Three Months.
LUCAS— GUILTY .— Confined One Month.
EARP— NOT GUILTY .
BAKER— GUILTY .— Confined One Week.
GRIFFITH— GUILTY .— Confined One Month.
BRAHAM— GUILTY .— Confined Ten Days.
OLD COURT.—Tuesday, October 24th, 1843.
Second Jury, before Mr. Recorder.
2818. FREDERICK KNIGHT was indicted for stealing, on the 24th of Sept., 5 bottles, value 10d.; 1 quart of preserved damsons, 2s.; 3 pints of preserved gooseberries, 3s.; 3lbs. weight of sugar, 2s.; 1lb. weight of butter, 1s.; and 91bs. weight of flour, 2s.; the goods of Ann Smith, his mistress; to which he pleaded
GUILTY . Aged 23.— Confined Six Months.
NOT GUILTY .
Before Mr. Common Sergeant
2820. JOHN BALL was indicted for burglariously breaking and entering the dwelling-house of Edward Gregory, at Hillingdon, about two o'clock in the night, on the 7th of Oct., with intent to steal.—2nd COUNT, stating it to be the dwelling-house of Richard Henry Cox.
MR. CLARKSON conducted the Prosecution.
me in garden-stuff—he has other farming men at the same house—they occupy the same building with me—it consists of a kitchen and room over it, where we all sleep—there is only one outer door—on Saturday night, the 7th of Oct., I and Streams went to bed, about ten minutes to seven o'clock—the bed-room window was left open, and a pane of glass broken—about nine I was aroused—I went down, and let the other workman in—I saw one of the boys lock the street door, and when he came up, I saw him shut the window and fasten it—we all went to bed, and about half-past one in the morning I was disturbed—I heard somebody rattling my box about—I listened awhile, and heard my keys rattle—I hallooed, "Harry, here is somebody in the room"—I got out of bed, and saw somebody on his hands and knees—he jumped up on the ledge of the window—he was about half a foot from my box—I collared him, and pulled him into the room again—I found the window open—it was the prisoner—he had no shoes on—we looked out of window, and saw a twenty-five step ladder against the wall—it had been brought from the rick-yard—we got up, and sat with the prisoner till the morning—the constable then came and took him.
Prisoner. I got into the house to sleep—I did not rattle the keys, I never had them in my hand. Witness. He never slept there—I had left the keys of my box fastened to my trowsers, and the trowsers were drawn towards the box—I did not find the key in the lock.
GUILTY .† Aged 35.— Confined One Year.
(No evidence.) NOT GUILTY .
LEWIS ROSS . I have come from Guernsey. I could not find a lodging—I met the prisoner in the street, and went with her to her room, and went to bed—I got up at half-past six o'clock in the morning, and missed three half-crowns, some shillings, sixpences, and a fourpenny-piece, which was safe when I went to bed, in a purse in my waistcoat pocket—she ran away—I went to look for her, and found her at a public-house—I had given her 18d., and 1s. for the room.
EDWARD FORD (policeman.) The prosecutor called me, and said the prisoner had robbed him—she threw three half-crowns on the table, and said, "There, you old b——, is what I robbed you of"—I took her in charge.
Prisoner's Defence. A gentleman gave me the 16s., he said he had only lost a fourpenny-piece.
GUILTY. Aged 21.—Recommended to mercy. — Confined Three Months.
MR. RYLAND conducted the Prosecution.
JAMES HURLEY . I live with my parents in Clifford's-row, Pimlico. On the 2nd of Jan., between five and six o'clock in the evening, I was in Ranelagh-grove, and saw one M'Bride attempting to open the door of No. 5—there were two more with him, but I cannot swear the prisoner was one—on the Thursday after I saw M'Bride and Myers, and another boy, in Queen-square, go into a shop with a copper—the prisoner was not one of them—this is my name to this deposition—I did not tell the Magistrate I saw Greeney with the copper boiler on his head.
NOT GUILTY .
FREDERICK KNIGHT (policeman.) On the 25th of Sept., about half-past five o'clock, I stopped the prisoner coming towards Battersea-bridge with a sack—I asked what he had got—he said his own property—I found it was this lead—he said his master had given it to him to make a bob, and if I was not satisfied I could go with him to his work—he walked back—I followed him—he said, "It is no use your going, master is gone to Newcastle"—I said, "I thought your master gave it you"—he said the foreman did—he went to the factory, threw the lead down, and ran off, but I followed and took him back—the foreman said he had stolen the lead—it corresponded with a piece on the premises.
Prisoner. I told him it was lead I was taking home; I took it for the use of the factory; I was going to cast it at home.
JOHN MIDDLETON. I am foreman to Barbara Catherine Lowndes. I have fitted this lead to a piece on the premises, and believe it to be part of it—the prisoner had no business with it off the premises—I had given him a piece for a bob six or seven week before.
GUILTY. Aged 23.—Recommended to mercy. — Confined One Month.
GUILTY .* Aged 24.— Transported for Ten Years.
GUILTY . Aged 22.— Transported for Seven Years.
GUILTY . Aged 19.— Confined One Year.
OLD COURT.—Wednesday, October 25th, 1843.
Third Jury, before Edward Bullock, Esq.
2828. ROBERT JAMES OSBORNE was indicted for stealing, on the 30th of Sept., at St. George in the East, 18 spoons, value 5l.; 1 pair of sugar tongs, 5s.; 1 cruet-frame, 10s.; 2 cruet stops, 2s.; 1 toast-rack, 5s.; 6 knives, 2s.; and 6 forks, 2s.; also, on the 29th of Sept., 1 sheet, 2s.; and 1 table-cloth; the goods of William Skeggs Francis, his master, in his dwelling-house;and that he had been before convicted of felony ; to which he pleaded
GUILTY . Aged 17.— Transported for Ten Years.
2829. Henry James Akers, John Boyscard, Henry Cook, Henry Edmonds, George William Mellish, Charles Alfred Griffith, Josiah Hands, Daniel Holme the elder, Daniel Holme the younger, Thomas Hughes, Frederick Meredith, Thomas Meredith, Samuel Pearce, John Price the elder, John Price the younger, Joseph Rhodes, Philip Sellick the younger, Robert Trevett, John Trevett, Thomas Wall the elder, Christopher Sinnott, William Williams, and Thomas Aston, were indicted for conspiracy.
MR. BODKIN, on the part of the prosecution, offered no evidence.
NOT GUILTY .
HENRY JOHN PETERKIN . I live in High-street, Poplar, and am a printer. On the 23rd of Sept. I was at my shop window, and saw the prisoner go into Mr. Abbott's shop, opposite mine, lift a shawl off the line inside the shop, and put it under his coat—I crossed over, and said, "Where is that shawl?"—he immediately ran away—I pursued, calling "Stop thief"—he was stopped about fifty yards off—I saw him throw the shawl on a wall—I took it down.
GUILTY . Aged 21.— Confined Three Months.
2831. GEORGE JONES, alias Edmund Harrison , and THOMAS SHELDON , were indicted for stealing, on the 23rd of Sept., 1 looking-glass and stand, value 8s., the goods of Edward John Gairdner; and that Jones had been before convicted of felony.
JAMES HORNE . I live in Tottenham-court-road. On the 23rd of Sept, about nine o'clock, I was at home, and looking across the road, saw the prisoners loitering about the prosecutor's house—then Sheldon went in, and brought out the glass, which he gave to Jones, who waited outside—I came down stairs, crossed the road, and followed them—I took Sheldon, who then had the glass in his hand—he must have received it back from Jones while I came down stairs—I found them together—the prosecutor's man was at the back of the shop.
Jones's Defence. I met this lad; he said he was going to look for a situation; I went with him; he went into the shop. I was not aware of his taking the glass.
Sheldon's Defence. I was at work with my father, and went to look after a place; this roan persuaded me to take the glass; if it had not been for him, I should not have done it.
JONES— GUILTY . Aged 23.— Transported for Seven Years
SHELDON— GUILTY . Aged 16.— Confined Three Months.
Before Mr. Justice Maule.
GUILTY . Aged 23.— Transported for Ten Years.
Before Mr. Justice Maule.
2833. RICHARD BURROWS, CHARLES TOWNSEND, MARY ANN JOHNSON , and ELLEN TEMPLE , were indicted for feloniously and falsely making 4 pieces of counterfeit coin, intended to resemble and pass for current shillings.
MESSRS. PAYNE and DOANE conducted the Prosecution.
WILLIAM GUEST (police-constable L 62.) On the afternoon of the 7th of October I went, with three other officers, to No. 3, James-place, St. Ann-street, Westminster—we found the street door open, and went up stairs—there is only one room up stairs—the door was shut—I put my shoulder against it, to endeavour to open it; and on doing so, a rush was made towards the door by persons inside, pushing it back, and trying to keep it closed—we ultimately succeeded in forcing it open, and found all the four prisoners in the room—the moment I entered I saw Burrows go towards the window, which was open, and throw something white out of his hand across the court, and into the open window of a house opposite, and I then heard the jinking of coin falling on the floor of the room opposite—he then jumped out of the window, right across the court, a distance of between five and six feet, into the window, of the other house—I saw him stoop repeatedly in that room, go towards the fire-place, and throw something into the fire—he then came to the window, dropped down into the court, and made off—Brook followed him—I assisted in securing the other three—I left them in the care of Lupton and Goff, and went into the opposite house to the room I had seen Burrows in—I there found these three counterfeit shillings on the floor, two others on the hob, and two in a piece of paper under an ornament on the mantel-piece—I saw melted metal running from the grate into the ashes beneath—I picked some of it up—here is part of a shilling which I picked up—I came down into the court again, and between the two windows in the court I found this shilling—I then went into the room into which I originally went, and found in the cupboard some plaster-of-Paris in this bag, also this iron spoon, which appears to have contained metal, and three or four Britannia metal teaspoons.
HENRY LUPTON (police-sergeant L 7.) I went with the other policemen to this house, and assisted in opening the door, which was resisted by the two female prisoners—when I got into the room I saw the four prisoners there—I saw Burrows throw something from him, and then jump out of the window into the window opposite—I saw that Townsend was about to take the same step, and I caught him under his arm, just as he was going out of the window—he called to Burrows, who was in the room opposite, and said, "Here," and threw something, which looked to me like shillings—I drew him back into the room and secured him—I then saw Burrows stooping or kneeling down in the room opposite, picking something up, and throwing it on the fire—he then jumped out of the window into the court—he fell on his back, got up, and was followed by Brook—I assisted to secure the other prisoners—I then searched the room, and on the fire I found this spoon full of metal, both red hot, and a saucer on the table, close to the fire, containing nine shillings, which I should say were bad—I also found a spoon partly melted, and a small file—Temple was crying, and Townsend said to her, "Don't fret,"or,
"Don't cry, they cannot hurt you"—while they were waiting at the police-court, Temple said he was only sorry they had not had a fight for it with the pokers and knives—Burrows said, "Leave the knives out, not with the knives."
Townsend. I never said any such thing. Witness. Yes, you did.
CHARLES BURGESS GOFF (police-constable L 83.) I went to this house—Lupton had hold of Townsend as I entered the room—I saw part of a plaster-of-Paris mould on the floor, close under Townsend's feet—Johnson stepped on part of it, and broke it into dust—I pushed her away from it, into the corner—I then picked it up—it was quite hot—I turned it over into my handkerchief, and held it—I found a shilling in it, which was quite hot, and burnt my fingers—I found this holder lying close by the mould—it was also hot—I looked into the cupboard, and found some pieces of plaster-of-Paris—I found portions of melted metal among the cinders in the fire-place—I found this knife on the table—Townsend claimed it, and wished me to give it to him—I refused—here are some other pieces of plaster-of-Paris, which I found about the room.
JAMES BROOK (police-constable L 118.) I went with the other witnesses—I remained outside the house—I saw Burrows jump out of the window into the window of a house opposite—I went up stairs, and was making my way into the room where he was, when he jumped out again into the court—I followed after him—I stopped him—he was very violent, and tried to get away from me—I searched him, and found a counterfeit shilling, which I produce, in his trowsers pocket—as I was taking him to the station, some person asked him if he was got to rights—he said no, they could only give him two stretch—I understood that to mean two years.
Burrows. Q. What was the reason you struck me with the handcuffs on my head? A. You would have got away from me—you did get away from me in the court—you were very violent before you were in custody.
MR. PAYNE. Q. Did you do any thing more than was necessary to keep him from escaping? A. No.
THOMAS PARKER . I am a brass and ivory turner. The house, No. 3, James-place, St. Ann-street, belongs to me—Johnson took the room in which the prisoners were found, about a fortnight previous to the officers coming—I have seen all the other prisoners in the rcom occasionally, since Johnson took it.
MR. JOHN FIELD . I am inspector of coin to the Mint, and have been so a great many years. All the nineteen shillings produced are counterfeit in all respects—sixteen have been cast in the same mould, and three in another—here are two pieces of a plaster-of-Paris mould—on one of the pieces is part of the impression of the obverse side of a shilling, and on another piece is a small portion
of the impression of the reverse side—one of the shillings, said to be found hot in the mould, is similar to the sixteen—here are portions of metal, which appear to have been fused, also part of a shilling partly melted, but part of the impression is on it—here are other portions of a plaster-of-Paris mould having no impression on it—here are some iron spoons, which appear to have been used for the purpose of fluxing metal, having white metal in them now, similar to the counterfeit shillings—one iron spoon has a considerable quantity of similar metal in it now—it appears to be Britannia metal—here is part of a Britannia metal spoon, the handle of which appears to have been melted, and a file, having white metal in the teeth, which appears to have been used lor the purpose of removing the metal from the edges of the shillings, which are at present unfinished—here is a small portion of plaster-of-Paris in powder, similar to that which would 10rm the moulds—the other things are such as might be applied to the purposes of coining.
Townsend's Defence. I had not been to bed on Friday night; on Saturday morning, between eleven and twelve o'clock, I went up there, and asked if they would let me lie down, which they did; I was there three or four hoars; I heard a disturbance in the court; I hastily got out of bed, and was seized and handcuffed.
BURROWS— GUILTY . Aged 21.
TOWNSEND— GUILTY . Aged 19.
JOHNSON— GUILTY . Aged 18.
TEMPLE— GUILTY . Aged 19.
Transported for Ten Years.
GEORGE BADCOCK . I live in Marylebone-street, Piccadilly, in the parish of St. James, Westminster. On the 27th of Sept. I was in the back part of my shop, breaking sugar, and, on hearing the scales gingling, I looked up, and saw the prisoner take a bag of silver off my counter, and put it into his pocket—I do not know whether he could see me—I immediately seized him—he begged and prayed of me to let him go—I said I certainly would not—he then took the bag of silver from his pocket, and threw it behind the counter—it contained 32 half-crowns, 180 shillings, and 80 sixpences—the shop is part of the dwelling-house.
Cross-examined by MR. BALLANTINS. Q. Was this money lying near the door? A. No—the bag did not show, by its appearance, that it contained money.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy. — Confined Six Months.
MR. CHARNOCK conducted the Prosecution.
ANDREA COLUMBO . I am an Italian, and live in Church-street, Hatton-garden—I am a thermometer maker—the prisoner resides in my house, in the first-floor front room—he is something in my business—on the 20th of Sept., when I came home in the evening, I went up stairs to my bed-room, and saw his door wide open—after I got opposite the stairs, I heard John Hare coming up stairs—I stopped on the staircase, hearing some words between him and the prisoner—my wife came up, and called me back to shut the prisoner's door—he was in the room, and lately has been in the habit of leaving his door open—I shut it because I was told, and he had been threatening to take my life—after shut ing the door, he opened it three or four different times—Mander was also in the room—I then went into the room, and said, "There has been a great deal of disturbance in this house for the last four or five weeks, through you, I am determined to put an end to it, I will suffer it no longer"—I cannot say what answer he made—we had a few words, and very soon afterwards the prisoner used a few words, and I gave him a push, and pushed him away—that was not with violence—he immediately struck me a violent blow with the poker on the hinder part of my head—I cannot say whether he had the poker in his hand when I pushed him—it knocked me down, and I was senseless for several minutes—he hit me again with the poker, while I was down, on the back part of my head—I got up, and he struck me again across
the arm with the poker—I did the best I could, and took the poker from him—the back of my head bled very much indeed—I had not provoked him cept by the push I gave him—a surgeon was sent for, and I was under his care several days—I am not under his care now.
Cross-examined by MR. BALLANTINE. Q. How soon were you able to walk about? A. I was a week before I was able to go to business—I was at Clerkenwell the very day following—I was not lying in my bed—my wife rented the house before I married her—she let lodgings, and the prisoner was one of her lodgers—we had given him notice to quit—he said he would go as soon as convenient—my wife gave him notice several times—he was a weekly tenant—this occurred between ten and eleven o'clock at night, rather later than earlier—it was not one—it might be past twelve—I did not exactly mind the time—I had been to Barnet with a person named Shutter—we started about nine in the morning, and came home in the evening—I came straight from Barnet to my house—the last public-house we stopped at was three miles from town—we remained there about ten minutes or a quarter of an hour; long enough to feed the horse—it was then just getting dusk—we came gently along the road—we had something to drink—we stopped three time—I was sober when I got home—Shutter came home with me—I went out again by myself, to take two or three glasses of wine at the King William the Fourth—I left there about a quarter or half-past ten—I did not say, when I got out, that I should go home and have a b—row—I was sent for to shut up the shop—my wife's daughter came for me—I was not at the public-house more than ten minutes—I did not go up to the prisoner's room for some time after I got home—I went to rind Shutter first—I did not want to go to his room—I had not made up my mind to do so when I was down stairs—I was not speaking about him—nothing was said about him—I said I should go to bed, and went up stairs—after passing his door, I heard Hare saying something, and I stopped—my wife was coming up stairs when she told me to shut his door—I was before her—I did not shout out, "Is Gugeri here," or say, "If I catch him here I will give it him, I will tear him in pieces"—when I got into his room he was standing in the middle of the room, as well as I can tell—we had some words together in Italian—I told him he was a great disturber there, and wished him to be off altogether—I did not rush at him and seize him by the throat, nor lay hold of him at all—I pushed him on the stomach, because he got so close to me—Mander did not interfere that I know of—I never offered to settle this—I would not do so—I said I would not take any money myself, but if he liked to make a present of anything, he may do as he liked; I don't want presents—I did not say so to him, but to a party who was speaking to me about it—he did not make any present.
MR. CHARNOCK. Q. Were you quite sober? A. Yes, I had had two or three glasses of ale on the road—I suffer a little now from my wound when I walk fast.
JOHN HARE . I live in the prosecutor's house—when the prosecutor came into the prisoner's room I was in the next room, and hearing words, I left my own room, and went outside the door—the prisoner said to the prosecutor, "I will take away life," two or three times—he had a poker in his hand, and he aimed a blow in a most malicious and inhuman manner at the prosecutor, and struck him on the head—I was agitated, and left the room, to call assistance, and when I came back the prosecutor was lying on the ground—the prisoner struck him several blows with the poker while he was on the ground—he held it in both hands, brandished it over his head, and exclaimed something in Italian, something like occapano, to say, "I will settle him"—I went for a policeman, and found one in a few minutes—on entering the room
we found Columbo—he succeeded in getting the poker away from him—he was bleeding profusely—his shirt and waistcoat were saturated with blood—he was sober—I saw no provocation given to the prisoner.
Cross-examined. Q. Have you always been good friends with the prisoner? A. Generally—he has been a source of annoyance sometimes, in persisting to stay in the house when we wished him to leave—I have had no quarrel with him, nor any serious words—I expressed myself dissatisfied with his obstinate refusal—Mrs. Columbo is my mother—my mother sometimes wished him to go, but said she would not put him to inconvenience till he suited himself—formerly she was, not so willing for him to leave as latterly—he had been in the house two years—he always paid his rent, I believe—he had made himself obnoxious by frequently entering our place when not invited—he was not engaged to my sister I believe—he was not courting her with my mother's consent—he might have thought he was—I disapproved of it—I have not called him a good many names—he has been requested to leave the place for seven or eight months—I was in my own apartment when I heard the conversation between the prisoner and prosecutor—I did not hear the words distinctly—they spoke in English, previous to his saying, "I will take away life"—I said, "Here is that d——Gugeri got his door open to hear what we say"—I did not say, "D----your eyes, you vagabond scamp, you have your door open on purpose to listen to what is saying"—I said, "You have your door open to listen to what we say, you scamp"—that might have been two or three minutes before the prosecutor came into his room—I said, "Shut the door"—he said, "Surely I may leave my door open if I like"—I told him to go to h——, and said, "You deserve to be kicked out of the place; I don't want to talk to you, you scamp"—I did not say, "You have a dustman's face"—I said I would pull his nose—this conversation took place when I was in my own room, and he was ia his—it was about two minutes before the prosecutor came up—he had not bold of his throat in my presence—I did not hear him say, "D----your eyes, I will take your guts out," or make use of any bad expression.
MR. CUAENOCK. Q. Part of the conversation was in Italian, and part in English? A. Yes—I distinctly heard him say, "I will take away life"—I had not spoken to him myself about leaving his door open.
THOMAS ROBERT MANDER . I live in the same house. I was in the room, and saw the prosecutor come in—the door had been opened three several times, and closed again—when Columbo came into the room I went out—I saw the poker in the prisoner's hand—I saw the prosecutor rush at the prisoner when he came in—he had not used the poker then—he went to the other end of the room—I left the room, as my wife was very ill, having recently been confined, and the nurse was calling me—when I got on the landing, I ran down stairs, called, "Police," and then went up stairs—I did not see any blow given—I saw Columbo afterwards, with blood on the back of his bead, and his shirt saturated with blood—I saw his wounds.
Cross-examined. Q. I believe you had been sitting with the prisoner some time? A. Yes—I had not heard any threats used against him below—the prisoner said that Columbo and one Shutter had said, "Let us come up and tear him to pieces"—he appeared in great terror and excitement—he called me into the room, and told me this—he took up the poker, and said he would defend himself—I sat with him in his room, at his wish—he was certainly in great fear and apprehension at the time—I induced him to put down the poker, and we were sitting on the bed conversing when Hare came up—he said, "Here is this d——Gugeri with his door open, listening again"—I cannot say when the prisoner took up the poker—he had laid it down before
Hare came up, and was very calm—he got excited through what Hare said—when the prosecutor came up stairs he began to swear at the prisoner—there were very high words from the prosecutor—I could not say what they were—he certainly did not behave mildly and gently—I think he behaved with great violence—the prisoner retired to the further end of the room away from the prosecutor—the prosecutor rushed at him—at that time he had the poker in his hand—I cannot say whether he seized him by the throat, I was agitated about my wife—police was called, I cannot say who by.
MICHAEL BARTLETT . I am a surgeon, and live in Hatton-garden. It was called in to attend the prosecutor about half-past twelve o'clock at night, and found two wounds on the back of the head, an inch and a half apart, and each about the eighth of an inch deep; one was a little more than an inch long, the other about half an inch—they appeared to have been made by some blunt instrument—a poker or a stick would produce them—he lost very little blood—I strapped them up, and attended him about a week—he is perfectly recovered now—I did not apprehend danger.
Cross-examined. Q. They were trifling wounds? A. I considered them trifling—they were certainly not such as would have been made had he used the poker with all his violence—it is a dangerous part to strike a man.
NOT GUILTY .
HENRY GODDARD . I an shopman to Mary Titensor, who keeps a chinashop in Drury-lane. Last Saturday evening, about half-past eight o'clock, the prisoner came to the door and asked to look at a pudding-basin—I showed her three—she said they were not large enough—I went to the back of the shop to get another, and on returning missed her from the door—I went to the door, and met her at the door—I asked where she bad been—she said, to tie up her garter—I missed seven plates from a pile that stood at the door—I asked her to let me look in a basket which she had with her—she said she would not, and went away—I followed her—she went across the road—I ran after her, met Reed, and gave her in charge—she had the basket concealed behind her under her cloak—the policeman found the plates in it.
MICIAH REED (police-constable E 30.) I took the prisoner into custody, and found the plates in the basket—she said, "God knows I did take the plates, and it is no use for me to deny the truth; but it is the first time I took any thing, and it was distress that drove me to it."
Prisoner. I was very much distressed, having seven children and no victuals to eat; and my husband is in the hospital, having broken his leg and four of his ribs by falling off a tree.
GEORGE JOHN RESTIEAUX (police-constable E 49.) I produce a certificate of the prisoner's former conviction—(read)—I was present at her trial, in the name of Mary Pantomy—she is the same person who was convicted—there is no truth in her statement.
GUILTY .* Aged 40.— Transported for Ten Years.
Fourth Jury, before Mr. Common Sergeant.
GUILTY . Aged 25.— Confined Two Years.
(There was another indictment against the prisoner.)
2838. CHARLES PRICE was indicted for stealing, on the 12th of Sept., 3 buns, value 1d.; 24 puddings, 1s.; 18 pies, 9d.; 24 Banbury cakes, 1s.; and 1 tray, 1s. 6d.; the goods of John Henry Cook, his master; and that he had been before convicted of felony.—2nd Count, stating it to be for embezzlement.
JOHN HENRY COOK . I live in St. Andrew's-street, Seven-dials. The prisoner came to me in Sept., and said he had come from the country in great distress—I sent him to Brentford fair on the 12th of Sept., with a tray of pies, and cakes, to sell—he never returned with them or the money—I found him afterwards at Hemel Hempstead—he said he had sent 2s. and the tray back by a man.
GUILTY . Aged 14.— Confined Six Months.
2839. SUSANNAH PRICE was indicted for stealing, on the 23rd of Sept., 2 watches, value 4l. 10s.; 1 watch-chain, 2s.; 1 split ring, 10s.; 1 seal, 13s.; and 1 watch-key, 5s.; the goods of James Milton Pike, her master.
JAMES MILTON PIKE . I keep the Horseshoe and Magpie, Coldbathsquare, Clerkenwell; the prisoner was my charwoman. On the 23rd of Sept, about twelve o'clock at night, when I went to bed, I missed two watches which I had seen that morning on the drawers—those now produced are them—she was in great distress.
GUILTY. Aged 40.—Recommended to mercy. — Confined One Month.
THOMAS PRENTY . I am a printer, and live in Grafton-street, Soho. On the 26th of Sept., between twelve and one o'clock at night, I was in a public-house in Little Earl-street, and had this handkerchief in my right coat pocket—I missed it suddenly, turned round, and the prisoner was behind me—I challenged him with the theft—he ran towards the door—I seized him, and threw him down—his bat fell off, and my handkerchief was in it—this is it.
Prisoner. Q. Are you married? A. No—I had a female with me who was sick—I was standing close to the bar, which is at the far end from the door—when I challenged you with the theft every part of the house was closed except the door—you were standing close behind me, against the counter, you ran towards the door five or six paces from the counter—the lady was standing near the counter, not outside the door—she had not the handkerchief—I am positive it was in your hat when it fell off.
Prisoner's Defence. The lady was very tipsy, and the gentleman rather so; the lady had the handkerchief wiping her face with, as she was sick, and went out into the street; I turned to look at her, and the gentleman turned round and knocked my hat off; it ran towards the door, I ran after it, and as I stooped to pick it up, the gentleman threw himself upon me, and said,
"You have stolen my handkerchief; it is in your hat." I denied it, and he got a policeman.
NOT GUILTY .
ANN MARY GREEN . I am the wife of James Green, and lire in Basinghall-street. On Tuesday night, the 26th of Sept., I went to the Adelaide Gallery—the prisoner sat on my right-hand side—I afterwards went down stairs to another room—a constable spoke to me, I then searched my pocket, and missed my purse, containing a half-crown and 3s. or 4s., also a handkerchief and silver knife.
Cross-examined by MR. PATNE. Q. Was it where the music was going on that the prisoner sat by you? A. No, in the microscope-room—I had not felt my purse safe since I had been in the gallery—I wai there two hours—I did not pay myself to go there—I know it was safe when I left home—we walked there—I have not seen my purse since.
WILLIAM WEST (policeman.) I was at the gallery in plain clothes—I saw the prisoner, and watched her up into the microscope-room—I saw her place her hand under a lady's dress, and keep it there till she got to the top of the stairs—I went to the lady as soon as she got into the room, and asked if she had lost any thing—she said, "No," without feeling—I watched the prisoner till she went into a room below, and saw her go into a small dark room—I placed myself so that she could not see me—I saw her lift up several ladies' dresses, and place her hand to their pockets—in a few minutes the prosecutrix came into the room—I saw the prisoner distinctly lift up her dress, and place her hand to her pocket, snatch her hand out again, and walk out of the room—I directly said to the prosecutrix, "You have lost something"—she felt, and said, "I have lost my purse"—I ran after the prisoner, and secured her, with a purse in her left hand, containing about 30s. and a half-crown, and 4s. loose in her right hand.
Cross-examined. Q. The purse you found was not the one the lady lost? A. No—she said it was not hers—I have given it to the prisoner's husband—the prisoner said she was taking the money from her purse at the time I apprehended her, and was going to pay for some glass—I have seen her be-before—I have every reason to believe she is the identical person who was taken from the Adelaide Gallery twelve months ago, for picking pockets—I found her with the purse in her hand in the large room which the little dark room leads from—I saw her put her hand to the prosecutrix's pocket in the dark room, but I stood where a light was thrown on her, opposite the doorway, and saw it distinctly—in fact, it is all one room but partitioned off—there were a great many people there, and plenty of opportunity of throwing a purse away.
NOT GUILTY .
EDWIN FLIGHT . I live in Salisbury-street, Portman-market, and am a shoemaker. On the 23rd of Sept., the prisoner came to my shop with another female, and asked the price of some child's boots—I said, "5s. 6d."—she said, "Very well, we will call and let you know"—they left, and in a short time I missed a pair of Clarence boots, which were safe just before—on Monday morning I saw the prisoner cuter a private house in Carlisle-street—I
went to Loveday's in the Edgeware-road, and found my boots—these are them.
Cross-examined by MR. PAYNE. Q. In what part of the shop were they? A. Hanging inside—I know them by the No. 404, and 11 1/2 on them—I did not make the marks, but had seen them—I hare known the prisoner four years as a customer—I told her she must go with me to the pawnbroker's, and she went—she passed my wife as she went out of my shop.
Cross-examined. Q. What name did she give? A. Ann Langley, No. 68, Carlisle-street—she has pledged with us for three months.
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 34.— Confined Three Months.
Prisoner. I did not pawn them.
GUILTY . Aged 25.— Transported for Seven Years.
WILLIAM HENRY FRIEND . I live in Broadway, Westminster. On the 23rd of Oct., about eight o'clock in the evening, I missed a coat and hat from my shop which I had left for a short time—I heard something, and went up by the side of my house, had met the prisoner with my coat in his hand within five minutes—this is it.
Prisoner. I picked it up in the mews.
GUILTY . Aged 32.— Confined Three Months.
WILLIAM MORRIS (policeman.) About half-past twelve at night I was passing the prosecutor's house, and saw the stool, as I returned I saw the prisoners with it across a barrow—I stopped and asked where they got it—they said it was their own, that they used it to put their board on.
Shakeshaft. I found it in the road.
SHAKESHAFT— GUILTY . Aged 20.
OATES— GUILTY . Aged 30.
Recommended to mercy. Confined Fourteen Days.
OLD COURT.—Thursday, October 26th, 1843.
Second Jury, before Mr. Common Sergeant.
GUILTY . Aged 21.— Confined Six Months.
2849. CHARLES SIMMONS was indicted for stealing, on the 1st of Oct., 1 pair of scissors, value 2s.; the goods of Thomas Desormeaux; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 40.— Confined Six Months.
GUILTY .* Aged 17.— Transported for Seven Years.
JAMES ALDOUS , jun. I am a pawnbroker, and have one partner. On the 23rd of October the prisoner came into our shop to pledge a jacket for 18d., and, as he was passing out, he stood on his toes, pulled down this shawl before my face, and went out—he had got about half way past the shop front, when I went out and stopped him with the shawl under his jacket—I brought him in, and he dropped it in the shop—this is it.
Prisoner. Q. When I was going out, where were you? A. Behind the door—the shawl was at the edge of the door—I saw you take it through the glazed door, fold it up, and put it under your jacket.
Prisoner. I had been drinking; if I did take it, it was with no intention of stealing it. Witness. He was not the least drunk.
GUILTY . Aged 20.— Confined Three Months.
Samuel Bernard. I am in the employ of Andrew Kidd and two others. On the 30th of September I heard the breaking of a string at our shop-door, in consequence of which I went out, and saw the prisoner turning the corner of Chenies-street, Tottenham Court-road, with a bundle under his arm—I pursued him, and found this piece of print concealed under his coat—I had seen it safe in the shop five minutes before, hanging outside in the lobby—he begged me to let him go, in consequence of his wife and family.
GUILTY.* Aged 33.—Recommended to mercy. — Confined One Year.
EDWARD WELLS . I live in Bear-yard, Lincoln's Inn-fields. On the 21st of Oct., a little after eleven o'clock at night, I was on my way home, along Great Wild-street—the prisoner accosted me—I was talking with her perhaps about a minute, and found her hand in my pocket, in which I had a sovereign, two half-crowns, and some silver—I was intoxicated—I attempted to lay bold of her, but she ran across the road—I caught hold of her arm—she threw herself down, and screamed "Policeman"—I missed a sovereign, two half-crowns, and some shillings—the policeman came up, and some money was found on the ground, and some in her hand.
EDWIN ROBINS (policeman.) I saw the prisoner run away from the prosecutor, and went and took her—I beard some money drop, and then saw her drop two half-crowns and some shillings from her left hand—as I had her right hand, she put her left hand under her as she lay on the ground, and I found a sovereign, six shillings, and one penny under her—the prosecutor was drunk.
GUILTY. Aged 21.—Recommended to mercy. — Confined Three Months.
2854. MARY ANN SAPHIN was indicted for stealing, on the 22nd of September, 6 plates, value 6d.; 1 sheet, 4s.; 1 table-cloth, 5s.; 2 napkins, 2s. 6d.; 2 night-gowns, 6d.; 3 petticoats, 1s.; 1 shift, 6d.; 6 pinafores, 10s.; 4 towels, 2s.; 3 handkerchiefs, 6d.; 2 knives, 1s.; 2 forks, 1s.; 2 spoons, 1d.; 1 egg-glass, 1s.; 1 piece of ribbon, 1s.; 2 mugs, 4d.; 1 table-cover, 4s.; 1 tumbler, 1s. 6d.; and 1 pair of socks, 2d.; the goods of John Presant, her master.
JOHN PRESANT . I live in Hollington-street, Camden-town—the prisoner was in my service. On the 22nd of Sept, I had occasion to remove my things, and missed the articles stated—on the 10th of Oct. I was fetched from my office, and found the policeman, the prisoner, and Mrs. Presant in the front parlour, with a vast quantity of my things—she had not left the service—the policeman found them in her bed-room—she had no business with them there.
JAMES HARROD (policeman.) I was sent for by Mrs. Presant—I went with Her into the kitchen, and saw the prisoner—Mrs. Presant said she must give her into custody for having a good many things of hers in her box in the bed-room—we took the prisoner up with us—a lot of things were lying by the side of the boxes, which Mrs. Presant said, in her presence, she had taken from her box—Mrs. Presant sent for Mr. Preaant—we then all went up to the bed-room, and searched the boxes again—I then found this egg-glass, tumbler, spoons, a pair of socks, this piece of ribbon, and brass knob, which I produce—I did not lock the door after leaving the room the first time—the prisoner said the things were Mrs. Presant's, she hoped she would forgive her, and she would never do it again.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended to mercy. — Confined Three Month.
CHARLES AUSTEN . I live in Parliament-street. On the 24th of Oct, a little before three o'clock, I had a saddle in my shop—I missed it about five or eight minutes afterwards—I went as far as near Astlty's theatre, and saw a policeman—while speaking to him, I saw the prisoner coming with this saddle on his arm—it is mine, which I had just seen before—he said he would
walk with the policeman, and when we got 200 or 300 yards, he said, "Why not give the man in charge that I told you gave it me to carry?"—I saw no man.
Prisoner, I showed the gentleman the man.
GUILTY . Aged 19.— Confined Three Months.
Before Mr. Justice Maule.
2856. EDWARD INDE THURGOOD was indicted for stealing, on the 5th of Oct., 3 post letters, containing two half-sovereigns and 1s., the property of her Majesty's Postmaster-general; he being employed under the Post-office.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
WILLIAM BLOTT . I am a clerk in the Inland department of the General Post-office; the prisoner was so also. On Thursday evening, the 5th of Oct., I was employed in the Exeter and Devonport division—I went to him, and said I wanted him in Mr. Bockenham's room—he went there, I followed him—Mr. Wynne was there, and said to him, "Thurgood, it has been communicated to me, that you have been seen to put a letter into your pocket"—he said he had not done so—Mr. Wynne asked him if he had any objection to be searched, in order to clear away all suspicion—he said, "None whatever"—Mr. Wynne asked me if an officer was in attendance, I said, "Yes," I left the room to fetch one, met Peak at the door, and be and I returned together—Mr. Wynne then said, in the prisoner's presence and hearing, "Blott, he has thrown the letters into the corner"—he pointed to the corner at the time—I went to the comer, and picked up three letters, crumpled up, and handed them to Mr. Wynne—these are them—(produced)—I told the prisoner he might say what he pleased, but whatever he said might be used against him—he said nothing, and in the course of a minute fainted away—the letters were afterwards opened in my presence at Bow-street—they were in the same state as when I picked them up—two of them contained half a sovereign each, and one a shilling—when I picked them up, I did not feel or discover whether there was anything in them—I handed them immediately to Mr. Wynne—this letter is addressed to Miss A. Ford—it bears the Fulham post-mark, and the Inland post-mark of 5th Oct.—the secoud one, addressed to Mr. Cane, bears the post-mark of the Great Surrey-street receiving-office, and the Inland office paid stamp of the evening of the 5th Oct.—the third bears the St. Alban's post-mark of the 5th Oct., and the Inland office paid stamp of the same day—the letters might pass through the prisoner's hands in the course of his duly.
Cross-examined by MR. CLARKSON. Q. Would they in the ordinary course of duty? A. They would, but they might pass through other persons' hands as well—the prisoner lived somewhere in the neighbourhood of St. John's wood—I do not know exactly where—I have beard in the post-office, since his apprehension, that he has been called the "St. John's-wood madman, or maniac"—I have heard that in the Post-office.
GEORGE HUXHAM WYNNE . I am Vice-president in the Post-office. On the evening of the 5th of Oct. I was in the Inland office with Mr. Blott—he went up to the prisoner—I then went to Mr. Bocken ham's room—as I was going in, Blott and the prisoner met me at the door, and we all went into the room—after Blott had gone out, I asked the prisoner if he had letters in his pocket—he said, "I have, but for God's sake save me, for the sake of my family"—I told him it was out of my power to do so—he then took three letters
from his right-hand breeches pocket, and threw them on the floor, towards the corner—Mr. Blott and Peak directly came in—Mr. Blott gave me the letters, and I directly gave them to Peak.
Cross-examined. Q. Did you know him as the "St. John's-weed madam," or maniac? A. I did not, I never heard it.
MATTHEW PEAK . I am a police-officer—I went into the room with Mr. Blott—Mr. Wynne said, "He has thrown the letters in the corner"—Mr. Blott brought some letters from that corner to me—I kept them as they were till they went to Bow-street—they were then opened—two contained half-a-sovereign sack, and the ether a shilling—these are the letters—they have been it my custody ever since.
Cross-examined. Q. I suppose you never heard him called by that name A. No.
CHARLES BOND . I am a schoolmaster, and live in Church-passage, Blackfriars—this letter, addressed to Mr. Cane, was written by me—I put half-a-sovereign into it, and sent it to the post by George Meakle—I saw it opened at Bow-street—it was tkes in precisely the same condition.
WILLIAM AMBROSE PEARCE . I am a draper's assistant at St. Alban's. On the 5th of Oct. I wrote this letter, directed to Mr. Webber, inclosed half-a-sovereign in it in a card, and put it into the post myself.
Witnesses for the Defence.
ELZIABETH THURGOOD . I am the prisoner's mother, and reside at No. 14, Grove-terrace, St. John's-wood—I am a widow, and have been so since 1829. My husband destroyed himself—previous to his doing so, he very often exhibited symptoms which led me to conclude he was not of sound mind, for two or three years previous at least—he exhibited such symptoms the whole of the time I was pregnant with tke prisoner—(he is twenty-two years old)—he was very violent indeed—he attempted to throw me violently out of window—I was then some months advanced in preguancy—he also carried me up stairs by one arm, without allowing ray feet to touch the staires—that very much affected my mind, and I was exceedingly ill the whole time—Dr. Clutterbuck attended me—previous to this he was, generally speaking, a kind husband—I had no reason to complain of him tiil he developed these symptoms—at tke time he committed suicide he was very comfortably off—nothing of that kind was preying on hit mind—I have heard that father's brother also committed suicide, but I do not know that—I have heard so in the family—my own brother also committed suicide in 1809—the prisoner was married about three months ago—we thought he had married properly and respectably—it was with my knowledge—he has very often committed very strange acts—when he was about eight yean of age, on returning from school, he went away somewhere, and, after advertising him, we found he had been sitting in a boat by the Tower the whole night—he had no object in running away—I had not treated him harshly or unkindly—on another occasion, about the same time, we had locked him in a room, and on opening the door, about an hour afterwards, he said, "It is very lucky, for I should have been dead in few minutes"—he had cut a cord from the window,
and was going to destroy himself—he was tying it in a knot, giving the appearance of being about to hang himself—when he was about ten or eleven years old he had saved some money—he took a coach, and went off down to the Isle of Wight, and roved about there—we found him there—he had no reason for leaving me at that time—he had not made any complaint before he left—his general conduct was very peculiar—he was very fond of me and very affectionate, yet at times he would do such acts as would almost kill me, and then would not believe that he had committed them—that occurred at times during the whole period of his life, from eight years old to the present time—he did not associate much with other boys, but was rather lonely at home—he went into the employ of the Post-office three years ago last September—he has not been pressed in money affairs—I was always able and willing to assist him, and he knew that—about two years ago I had some pictures in my parlour—he broke every one of them, and put them into the fire—one of them was a portrait of his brother—I valued them, because the parties were dead, and they were my mother's—he knew I valued them on that account—he himself valued his brother's picture very much—I told him of it afterwards—he was extremely sorry then, and said he would not have burnt it on any account—he was not able to give any rational cause for having done so—he would lay in bed, and if we did not hear him he would throw the waterjug full of water at the door to make us bear him—he is my only son—I have four children—he has very often broken articles, which he appeared at other times to prize, when he has had a paroxysm of that kind, and has forgotten it immediately after, and denied that he has done it—that has constantly occurred from the period of eight years of age to the present time—about a fortnight before this occurrence, be came into the room, when his wife was present, shook his arms violently about, and said, "I feel I want to fight, I could fight anything, I feel so strong"—we said, "Don't fight us"—he said, "What shall I? I cannot resist"—I said, "Oh, hit the door, or anything"—he then hit the door with his knuckles, and burst the panel—he then sat down for a few minutes, and looked quite bewildered, then got up, tried to replace the panel, and said he did not think he was so strong, he did not think he should have done it—he lived at home with me at that time—he always kept pistols in his room—I think they were kept loaded—his wife was alarmed, and said she had unloaded them—he has let them off at the top of the house—some time ago, as he and his wife, a young lady named Howe, and myself, were at supper, he suddenly jumped up, and threw a glass of ale that was on the table into the young lady's face—he afterwards said he was sorry for it—she kept looking at him, and said, "I am expecting a second"—she thought, from his manner, he was likely to repeat it—within the last few months he has been unusually unwell, so much so that I proposed to him to go to the office and get him leave of absence, telling him he was very unfit for business—he said, "If you do, you will get me dismiaied"—he was attended by a medical friend, who has known him from his infancy—he was constantly taking medicine, and was particularly abstemious—I never saw him tipsy but once—he appeared to be suffering from his head—on the morning of the 5th, the day on which he is said to have stolen these letters, myself and daughter were out, and on our return, about one o'clock, he was in the passage—appeared very wild and excited, so that my daughter said she thought he was mad—I do not think I have detailed all the circumstances that have occurred, but my mind has been all anxiety and trouble, and my memory is not good—on one occasion he began talking very violently to me, and he took up the poker; I turned my back, to leave the room, and he struck me on the back with the poker—this did not arise from general unkindness towards me—he
was invariably a very affiectionate, kindson, and would have laid down his life for me.
MR. SHEPHERD. Q. Have you ever consulted a mad doctor for him? A. No—at the time he struck me with the poker I thought him dangerous, but I did not value my life much, and would sooner have been killed than have been here—I have never had the advice of a mad doctor for him, nor has he ever been put under restraint—I thought soothing would do better—he was sometimes violent to others as well as to myself.
Q. You thought him sane enough to do the business of the Post-office? A. Why be must do something, and I was in hopes he would have been better.
MR. BALLANTINE. Q. Was he occasionally quite sane? A. Yes—if I had consulted a mad doctor, it would, in my opinion have been likely to excite him very much indeed—I found that soothing him, and treating him with kindness, was a much better remedy—he has frequently entreated roe, if ever he went out of his mind, not to send him to a mad house.
MR. SHEPHERD. Q. He was married about three months ago? A. Yes—I was at the wedding, and a great number of persons—I do not know whether I thought him enough in his senses to be married—I could not have prevented him if I had not thought so—I thought it was got up in such a hury that be hardly showed discretion enough—he was of age—he did not ask my consent—I did not object to his marriage—I never saw the lady but twice—I saw her father for a few minutes one evening, but he brought a lady with him that I should not have spoken before—I did not acquaint her father with his eccentricities—I do not know that I should have mentioned it at all.
Q. Did you think it was treating the lady quite fair to allow her to marry your son under the circumstances? A. Why, if he wished to be married, I could not make any objection to it—I believe he had not been long acquainted with her—I think she must have discovered his eccentricities during her acquaintance with him.
MARIA WEST . I am married, and live with my mother—I am the prisoner's sister, and am some years older than him—I was in the house at the time of his birth, and observed the treatment my mother received from her husband at that time—my father was subject to fits of insanity for some years before he died, and when in those fits he used to ill-treat my mother and all his family—I have had a great many opportunities of observing the prisoner's conduct and disposition from his boyhood—at times he was extremely violent, and at times you could not understand what it was for—without any apparent cause he would do the most inconsistent things—there were constantly complaints of him from his school-masters, and that kind of thing, of a different kind from those ordinarily made of boys—about twelve months back he cut the eye out of his own likeness, and said, "That is my eye"—I said, "What have you been doing? you have destroyed your picture"—he laughed, and said he liked it much better so—I said, "You must be devoid of sense"—he said, as it was so good a likeness we must fancy the rest—I was very angry, and told bim it was the act of a simpleton—on another occasion I was playing at cards with my sister and two ladies, when the prisoner came in, took the cards up off the table, and threw them into the fire, also the cribbage-box, and after that he upset the table—nothing had been said to provoke him—he also broke all the tea-things that were set ready for him to take tea—he has been very much worse lately—he has continually complained of his head, and want of rest—he requested every one of the family that were present to rub his head, and comfort him—his marriage was his own act—it was got up so vciy quick from first to last, that we hardly understood it at
all—my mother was extremely kind to him, and I believe I was so myself—on the morning of his marriage he was in the most dreadful state of excitement—he said he would not be married, we need not dress; we need not attempt to think he should, he had altered his mind—he knocked the clock off the shelf, and broke it, then collected the pieces, put them on the bed, and knocked them into smaller pieces.
MR. ADOLPHUS. Q. You are hit elder sister? A. Yes, he is the only son my mother has living—he was brought up among us constantly—I do not know that he was a particular favourite of my mother's—she was very kind to all of us—one of his school-masters said, "He is a most singular lad, if you set him a sum, he will not do it in the ordinary way; he will do it so as it will come right, but not in the usual manner"—he was eceentric—he has been to different day and boarding-schools—he was about fourteen when he left school—he then went on trial at the book-binding business for a short time—my mother did not approve of his master, and took him away—he did not go to any other business that I am aware of before he went to the Post-office—he was constantly living with his mother—I cannot say his age, exactly, when he went to the Post-office—I had seen the young lady he was going to be married to, once or twice, but did not go to her house—I thought my brother was so singular, I would not—she had been to our house—I knew my brother was thinking about marrying three or four weeks before the marriage took place—I cannot say exactly—I did not grve any information to the young lady or her father, that he was a dangerous man, or of eccentric habits—I did not consider that I had any business to do so—he was devoid of reason at times, and did not know what he was about—I was completely frightened of him at times, and used to get out of the way—my mother did not put him in confinement, certainly.
MARY ELDRIDGE . I am the wife of Thomas Eldridge, a carman. I was in the service of the prisoner's mother, from Jan. 1841, till the following Dec.—during that period I had opportunities of seeing the prisoner's conduct—about a month or six weeks after I entered the service, he came house, and insisted on having some money—he was very violent to have it—his mother refused to let him have the money at first—he would insist on having it—he used very bad language, and knocked her down with his fists—his conduct was like a madman—when she was on the floor he threatened he would murder her if she did not give it him—she got up and put gold and silver out of her purse on the table—there was about 14l. or 15l. in gold—the prisoner took it up, threw it right into the fire, and held her on the sofs till he thought it was very nearly burnt—he dared his mother to touch it, and was like a madman—he then left the room, and went into his bed-room—I and his mother succeeded in getting all the money, but two or three sovereigns out of the fire—some was very black—on another occasion, about a fortnight or three weeks after, I remember his coming home from the Post-office—his mother asked him what made him so late—he said that was his business—he up with his fiste, smashed all the things on the tray, and threw the tea-pot under the ashes—he threatened to knock his mother down, and she walked into her bed-room—in the same week, after he returned from the office at ten or eleven o'clock at night, I was in the kitchen—I saw him go up stairs, and heard a terrible smash—he rang the bell—I went up stairs, and saw the looking-glass all broken to pieces—on another occasion he returned from the Post-office with a terrible knock ready to split the door—I let him in—he sat himself down in a chair just within the parlour, and said, "Mary, I am going mad, but I will see them all at hell before I go into any mad-house"—he then put on his hat nnd went out immediately—I remember
once his going out to walk with his mother—she was in the habit of wearing a cloak—he snatched it out of her hand, twisted her wrist round, nearly put out her thumb, and twisted ft from her—he tore it off, and threw it on the sofa—he only tore the pin-hole—he then broke the handle of the parlourdoor right in two, and threw it on the floor—he used dreadful language towards his mother, then left the room, and went into his bed-room—I remember when a gentleman was coming to dine with him, I think it was about May—among other things, there was a ham for dinner—the gentleman did not come—my mistress was getting the ham ready—the prisoner came down stairs into the kitchen, snatched the ham from her, and flung it at her—she escaped out of the kitchen—I told him about the looking-glass, and said what a thing it was for him to break to many things—he said I must have been dreaming, it was not him, it must have been me—from what I saw of him, and from the transactions I have detailed, in my judgment he did not appear in his proper senses—I knew Mrs. Green, a lodger—I do not know where she is now—I remember her giving warning to leave in consequence of his conduct, and she desired his mother to put him under restraint.
MR. SHEPHERD. Q. How long have you been living in the service? A. I went in 1841—he was very well when he was not in these fits—I do not know whether his behaviour was as much like that of a wicked man as a madman—I thought if he was in his right senses he would not do such a thing—he said I had broken the glass, and threw the blame on me.
MR. CLARKSON. Q. You heard the glass smash while he was up stairs? A. Yet, I went up stairs when the bell rang—he was in his bed-room—his mother's conduct was always affectionate, kind, and considerate towards him.
JOHN LANGLEY . I am a surgeon and apothecary, and lire at No. 10, Howland-street, Fitzroy-square—I know the prisoner's family—I knew his father, but very slightly—I have been in his company, and seen him—I remember his death—I did not see him after his death—I have attended the prisoner professionally for some years—he was always a very eccentric, extraordinary behaved young man—I think there were periods, when from the state of his mind he could not distinguish between right and wrong—I have been in Court, and heard the evidence which has been given of his general conduct—from what I have heard and known I should have thought him capable of committing any violent act—I have not witnessed acts of his similar to that with which he is charged—I have been consulted by his mother—she once consulted me as to the state of his mind, not as to putting him under restraint—I should think that is nearly twelve months ago—I have drank tea at his mother's house several times—I remember, on one occasion, when the prisoner kept playing on a barrel organ which was in the room, very much to the annoyance of the persons in the room—his actions were not particular at the time, except that of grinding this organ—he Was standing—I do not think he was moving, more than moving the organ—I remonstrated with him—the effect of the playing was, I thought, to disturb all the persons present—he continued playing for a considerable time—he has committed most extravagant acts, which I could not conceive to result from any other cause than derangement of mind—I am not aware of any other motive to which it could be attributed.
MR. ADOLPHUS. Q. How long have you known the prisoner? A. Upwards of twenty years—he was living in the country some time—I have known him intimately in London about eight or nine years—I never advised that he should be sequestered from society, because he was incapable of conducting himself properly—I was so acquainted with his mother, that I could
give advice as a friend, as well as a surgeon—his conduct was on some occasions eccentric and extraordinary—I should say there was decidedly a condition of mind that was out of the pale of the control of his actions, at certain times when I have seen him—I have been called to him, when I have found him in a state of perfect delirium.
Q. But may not that state have been produced by the violent indulgence of intemperate passion, and not the result of alienation of mind, that rendered him incapable of proper conduct? A. When I have seen him I have been called to him in consequence of his being in ill-health, and at that time his mind was in a most unsettled, disturbed state, and unconscious of what was passing during the time I was with him—he had a fever—the last time I saw him delirious in a fever was probably about twelve months ago—he was then in bed for a week or ten days—I never saw him in a similar state after that—when he was not in this state of delirium I should say he was generally capable of knowing right from wrong, and conducting ordinary affairs—I was present at his marriage—I knew it was intended before it took place—I knew nothing of the young lady, and gave no caution to her or her family—I thought it unnecessary to interfere.
MR. CLARKSON. Q. Have you had communication from time to time with his wife? A. I think I have met her on two occasions at his house—I have had no account from her of his conduct—when he has not been in illhealth I have seen him in a state of as violent conduct and irrational that you could possibly conceive any one to be in, and without any cause that I have been aware of—he never explained any cause in my presence, nor could I ever discover any—his mother once consulted me as to whether it would be necessary to confine him; that she was very averse to anything of the kind, but his conduct was such that she was afraid of her life—that was, perhaps, seven or eight months ago; since he had the fever, I believe—I have said to him, "You sever can be in your senses to conduct yourself as you are conducting yourself"—when he became calm he would never speak of these acts, nor allow himself to be spoken to on it.
SAMUEL GARDINER . I am a surgeon, living in the Edgeware-road. I have known the prisoner about two years—I have seen him sometimes very much excited—about six months since I went to the house, and saw his mother fainting—she said, "My son will be the death of me; he is up in his bed-room"—the first thing I saw was a chair broken to pieces, which she said her son had done in bis excitement—I afterwards went up stairs—his door was locked—I went in to him—he was excited then—I calmed him a bit, and came down again—I saw that the painted window on the landing was broken—his mother said he had thrown his slipper through it in going up stairs—he was then walking backwards and forwards in the room—I have seen him quite mad with excitement, throwing his arms about, not like a rational being at times—I have never been able to learn from him any cause or motive for being in such a state—it was evident that his mind was affected, because he had not been drinking at the time—I did not know his father, or uncle, or family—about seven or eight weeks since, in the middle of the day, he came into my surgery, which he generally does as he passes to and from the Post-office, drew a pistol from his pocket, and placed it within nine inches or a foot of my breast—he was throwing his arms about rather excitedly—I told him to be still, and put it away; that he ought not to carry such things—he did me no injury with it—I did not examine it to see whether it was loaded—I have seen him from time to time in states when I believe he was out of the pale of self-control—I really cannot say whether that arose from an obstinate, perverse, or wicked disposition, or from his mind being disordered—he
is of a violent disposition, and the least thing that offends him, or is not right, he goes off like a madman—I have seen him at times so much excited that he is not answerable for his actions, indeed, has no control over himself—I believe, at those times he is not in his proper senses—I have seen him in that state several times during the two years I have known him.
MR. SHEPHERD. Q. Did I understand you to say that you could not say his mind was positively affected? A. During the time he was excited, it was decidedly—I only saw him in a state of eccentricity when he was excited; except when in that state of excitement, he could perform the ordinary duties of life, and knew what he was doing—I have seen him play at cards twice—he played at cards rationally—I did not, on his presenting the pistol at me, remonstrate with his family, or say that he ought to be confined, or that he was dangerous.
MR. CLARKSON. Q. Are you aware that cards are introduced into the various public lunatic establishments for lunatics to play with? A. I have heard of it.
NOT GUILTY, being Insane.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
MR. RYLAND conducted the Prosecution.
JOHN CORKE KNELL . I live at Millbrook, eighty-five miles from London. On the 17th of Sept, after eight o'clock at night, I saw my mare in a field close to my house—there was only one gate to the field, and that was locked—I missed her about five o'clock in the morning—the gate was still locked—she could not have strayed, from the state of the fence—I saw her again last Monday fortnight in Mr. Day's stable, at Kensington, and was certain of her, although her tail was cut off and her back discoloured—she was worth about 10l.
Cross-examined by MR. JONES. Q. What sort of a fence is it? A. On one side a wide ditch, with a hedge—it is an old canal, twenty feet wide—there is a rail and pales, with a quickset hedge—she was not given to wander—I had another horse with her that night, which was not taken—it was more valuable than the mare—the highest fence is five or six feet—I never knew her leap—I do not know whether there was water in the canal—the tide flows in twice every twenty-four hours—there might be gaps in the hedge, but there is a ditch on the other side—she might get out—she had a little wart on her rump, on the near side, about the size of a hazel nut—I have said I did not believe the prisoner stole her, as the thief must be well acquainted with my place to get her away, and the prisoner was a stranger—he was held to bail by the Magistrate once.
WILLIAM DAY . I am a baker, and live in Kensington Gravel-pits, I saw the prisoner on the 22nd of Sept. at the Swan, near my house—he said he had a mare for sale—he showed it to me in the stable, and asked me eight sovereigns for it—I thought it too much, and said I had a black mare, which I gave with two sovereigns for her—Mr. Knell afterwards claimed it.
Cross-examined. Q. What time was it? A. At noon—Horwood, an omnibus owner, had told me the prisoner had her for sale—six or more people came round to look at her—the prisoner got on her and rode her, to show
how she would go, in Church-lane, which is a public place—my mare was worth 7l.—8l. was the full value of this mare—I offered her for sale at Smithfield for 7l.—the prisoner said at once at the office that he sold her to me, and that he bought her of a man in Edgeware-road on Wednesday; (I bought her on Friday;) that he made a chap of her with another horse and 30s.—the Magistrate admitted him to bail, and he was at large from Saturday till Tuesday—he gave his address in Bell-lane, Edgeware-road, and said he was a horse-dealer—after I had made the bargain, I said I should put her in harness, and asked how she would go—he said the man he bought her of said she would not go in harness—I put her into a cart, and she kicked—after she was taken out, he said she had been docked a day or two before, and that was enough not to make her go—he did not say she had been docked before he had her, to my recollection—I did not pay particular attention to what passed between him and the police—she appeared to have been recently docked.
JAMES RACE (City police-constable.) I was in Smithfield on the 29th of September, and saw the mare in Day's possession—he went with me, and pointed out the prisoner—I asked if he knew anything about the mare—he said he sold her to Day—some questions were put to him at the station by Lambert—while I was stating my suspicions by the mare being recently docked, he said he docked her himself.
Cross-examined. Q. Did he say he docked or doctored her? A. I swear he said he docked her—he said he bought her of a man in Edgeware-road, I do not recollect his saying when—he brought a man forward to prove he chopped her away for 30s. and another horse, but the man Phillips turned out not to be the man he was represented to be—the prisoner was discharged on the Saturday—I think he said he had bought her on the Wednesday previous—he said the day he was taken that he had bought her of a man in the Uxbridge-road—I swear he said the Uxbridge-road—it was after he said that, that he was discharged—he was at liberty from the Saturday till Tuesday—a warrant was issued on Monday—I did not bring a man from Waltham Abbey to swear the mare was his—he came forward himself—I did not bring a man from Wentworth-street, Whitechapel—a man did come forward and claim the mare on the Wednesday after the prisoner was taken—I have that person's name on a piece of paper, but I do not see it among my papers—I do not recollect it—I should if I heard it—I never saw that man before or since—I have not been applied to by the prisoner's attorney for that man's name, nor did I tell him to get it how he could—I have not been applied to for it, nor have I refused, that I swear, nor has Lambert, to my knowledge—the man claimed the mare as the property of Mr. Gray, of Waltham Abbey—Mr. Gray afterwards came forward—he said it was not his mare, and the prisoner was discharged in consequence—the man from Wentworth-street did not take his oath it was Mr. Gray's mare—he was not examined on oath about it—the prisoner gave his correct address when he was taken—I believe 5l. reward has been offered in this case, which I suppose Lambert and I shall get—we are allowed to take rewards by the sanction of the Commissioner—I never had the pleasure of having one—it would be very acceptable—I do not know whether or not I shall get it unless the prisoner is convicted.
MR. RYLAND. Q. Do you know that no reward can be received by any policeman without the Commissioners' sanction? A. I believe not—I never received one.
ELIHU LAMBERT (City police-sergeant.) I was at the station when Race brought the prisoner—he said, in the prisoner's hearing, that there was a saddle mark on the back, and the horse's tail had been recently docked—the
prisoner said he had docked her himself—I asked him how he came in possession of the horse—he said he made an exchange in the Uxbridge-road—he gave hit name and address correctly—I asked him what he did with the horse he took in exchange—he said he had turned it into his field—I asked where his field was—he said, "That is my business"—no policeman can receive any reward without the Commissioners' sanction.
Cross-examined. Q. Then, by their permission they may receive a reward? A. Yes, but it is paid into his hands, and it is at his option to put it into the fund, or pay us—if it is given to an officer, and he does not report it to the Commissioners, he is discharged—I saw the man from Wentworth-street at the office—I do not know his name—the prisoner's attorney applied to me for his address as I was coming out of the court—I said I had nothing to do with it—I did not tell him to get it as he could, nor anything of the sort—I told him to go to the man and get it—the man was with me, but I did not know his address—I never saw him before—I swear the prisoner said he had the mare in exchange from a man in the Uxbridge-road—I would, take the reward if it was offered, but could not have it without the consent of the Commissioners.
MR. RYLAND. Q. Do the Commissioners often order rewards to be paid to individuals, or to a particular fund? A. I never had one, and do not know.
Cross-examined. Q. Do you know what the man's name is? A. No—he pulled the foot up, and said, "Look here, this is the horse."
JAMES RACE re-examined. I have now found the paper—it is "Henry Stevenson, 68, Wentworth-street, identified the horse as stolen from Mr. Gray, of Waltham-abbey"—when Mr. Gray came, he said it was not the horse.
NOT GUILTY .
STEPHEN BIRD . I am the son of Stephen Bird—he has one partner, and lives at Kennington—the prisoner was their carter—on the 26th of Sept, about four o'clock in the afternoon, I saw the prisoner and another of our carters stranding with their carts opposite the Hand and Flower—the other carter pulled his hones a short distance, and the prisoner pulled his further—I saw him empty his hose-bag of chaff and beans into a small trough where he stood—he hung his nose-bag on his cart, and drove towards London, without the horses eating any of it—I went over, looked at the trough, and found it half full of chaff, corn, and beans, which I believe to be my father's—I have no doubt of it—I ran home, and told my brother—I came back in ten minutes—the trough was then removed—I went to the landlord—I found some corn in a bin in the stable, which was the same I had seen shot out of the bag.
Cross-examined by MR. CARTEEN. Q. What distance were you from the prisoner? A. On the other side of the road—it might be ten yards, or it might be twenty—the horses were between me and him—his back was towards me when he emptied the corn—we do not allow our horses to feed from troughs—I did not examine the trough before, and did not watch what became of the corn—the prisoner had left our premises at six o'clock in the morning—he had been to town twice that day—the corn was delivered to them in the morning—it is their business to feed the horses out of the nose-hags—I saw
a trough in the stable, but cannot say it was the same—there was very little corn in the bin—it is a common mixture for feeding horses.
JOSEPH WRIGHT . I am in the service of the prosecutor, and it is my duty to serve out the mixture. I supplied the prisoner with his the evening before—I accompanied Mr. Bird to the Hand and Flower stable, and compared the mixture with ours, and believe it to be part of what I served out the night before—there were two sorts of beans, one a very large kind, which we never gave out before.
Cross-examined. Q. Do you swear it is the same? A. I believe so—I will not swear to it—I do not say there never were such beans before—I never saw any such before given whole to horses—there was about three parts of a peck in the bin—corn may not be so fresh at the bottom of a bag as the top—we discharged the other carter. NOT GUILTY .
MARY GREENSLADE . I am in the service of Jabez Bunting, of Myddletonsquare. I saw the counterpane on a line in the garden—at half-past six o'clock it was missed before nine—I believe the one produced to be it—it is not marked.
WILLIAM REYNOLDS (policeman.) I stopped the prisoner about nine o'clock in the evening of the 3rd of Oct., by Sadler's-wells, with this wet counterpane—I asked what he had there—he said a pair of sheets, and he was going to take them to be washed—I asked where he brought them from—he said, "From Myddleton-square"—I found it was this counterpane—he took me to Mr. Bunting's house.
Cross-examined by MR. HORRY. Q. Was it folded in an apron? A. Yes, and he owned that.
GUILTY. Aged 14.—Recommended to mercy. — Confined Ten Days, and Whipped.
THOMAS BARCHAM (policeman.) I saw the prisoner, with two others, carrying this sugar in White Lion-street, on the 4th of Oct., and took him—he said a roan gave it him to carry to Whitechapel, and was to give him 1s.
Cross-examined by MR. HORRY. Q. You saw two others with him? A. Yes, and saw one of them give it to him—I had seen the three coming along together—one gave it to the prisoner—they still walked on together, but when I took him they ran away.
COURT. Q. Did he say one of those who ran away gave it him? A. No.
GUILTY . Aged 19.— Confined Six Months.
WILLIAM MATTHEWS . I live in Grove-place, Stamford-hill. On the 5th of Oct. I was standing in Seth Johnson's shop, in Shoreditch, and saw the prisoner take a bundle of cravats from the door, and run away—I followed and caught him—I saw him throw them down.
Cross-examined by MR. PAYNE. Q. What are you? A. A clerk—I am quite sure he is the person.
GUILTY. Agcd 17.—Recommended to mercy. — Confined One Month.
OLD COURT.—Friday, October 27th, 1843.
First Jury, before Edward Bullock, Esq.
JAMES MARTIN . I am a silk warehouseman—the prisoner has been in my employ, but was not at the time in question—Mr. Butler owed me money—none has been handed over to me—I never gave Mr. Butler a receipt for any.
JANE BUTLER . My husband's name is James Edward—I am a dealer in fancy trimmings—I had dealings with Mr. Martin—I owed him 6l., which I paid to the prisoner on the 18th of Aug.—he gave me this receipt—(produced.)
Prisoner. Q. How many times were you called on for the account? A. Only on Tuesday night by you—I am quite sure it was you—I saw you write that receipt.
Prisoner's Defence. It is impossible the witness can speak to my identity, having no witness to prove it. I never was in the street since I lived with Mr. Dent, an upholsterer and draper there. I never called for the account.
GUILTY . Aged 32.— Transported for Seven Years.
WILLIAM DODD . I am apprentice to Captain John Battern Steroker, on board his barque—this copper was lying on the quay, near the head of the ship, in Blackwall-yard—I saw the prisoner take it, about seven o'clock in the evening—he had no right to do so—it belongs to the captain—I went to the watchman at the dock-gate—I found these two pieces of copper under the chest next morning, and gave them to the policeman next morning—I found them on the heap—what the prisoner took were doubled up like these.
Prisoner. He could not see me take it? Witness. I am sure he is the man.
JAMES CAVANNAGH . I am watchman of the Blackwall-yard. On the 5th of Oct., between seven and eight o'clock, Dodd came to me—I went with him, and found the prisoner standing close by the copper, which was thrown under a chest—a policeman was sent for.
DANIEL CHAPMAN . On Thursday night I was called to Blackwall-yard, and the prisoner was given in my charge—I asked what he did it for—he said "Merely for drink"—next morning this copper was given me by Dodd.
Prisoner's Defence. There had been a wagon-load of copper brought there the same evening, and I found several pieces and put them away. There was no property found that night. Next morning they brought this copper forwards. I told the policeman I did not know what I was doing, I was drunk; he told the Magistrate I said I did it for drink. I said nothing of the kind.
GUILTY. Aged 30.—Recommended to mercy. — Confined One Month.
Second Jury, before Mr. Recorder.
HENRY STANDLEY . I live in Castle-street, Long-acre, and am clerk to John Earle Huxley and another, ironmongers; the prisoner was their apprentice. On the 11th of Oct. a quantity of sheet-lead was missed—I marked some pieces, and put them at the back of the smith's-shop, where the prisoner worked—on the 14th I missed some of it—the prisoner left at six o'clock, and two policemen whom I had stationed there followed him—I found him at the station, with two pieces of lead, marked—it was part of what I had put in the shop—I had seen it there between one and two o'clock.
Cross-examined by MR. BALLANTINE. Q. I believe he is an orphan, living with his sister? A. Yes—I have reason to believe he became acquainted with a disreputable character, who led him into this—that person is not a man.
WILLIAM WEST (police-constable F 106.) On the 14th of Oct. I concealed myself on the prosecutor's premises—I saw the prisoner come down into the shop, light the gas, go to the front counter, and take a piece of lead, knock it up, and place it in his pocket—then go to the back of the shop, take another piece, put out the light, and go out—I followed and found it on him.
(The prisoner received a good character.)
GUILTY. Aged 18.—Strongly recommended to mercy. — Confined One Month.
MR. BALLANTINE conducted the Prosecution.
MARY PAYNE . I live in Charles-street, Westminster, and am an ale and shop merchant—I sell shell-fish and ginger-beer—I dealt with Poulton—the prisoner was his servant. On the 17th of Aug. the whole amount I owed him was 2l. 16s., which I paid the prisoner, and he gave me a receipt—I have three bills, and Mr. Poulton was in our shop when two of them were paid—I do not know which they were—I cannot say whether I paid the prisoner 10s., in Aug. or Sept.—I have paid two or three bills since the 2l. 16s.—I do not know the amounts—this bill was left with me—I cannot say who received the money—Mr. Poulton took some of the money—the prisoner formerly lived with my husband—I have known him seventeen or eighteen years.
Cross-examined by MR. WILKINS. Q. Have you always found him punctual in his dealings, and honest in his character? A. Yes, we dealt with his master on his account—Poulton was present on two occasions when money was paid—Mr. Payne died on the 19th of July, and since that I can speak better—the money was paid to the prisoner when Poulton was present, and the prisoner receipted the bills.
ELEANOR ALLEN . I am the wife of Henry Allen, of Great Wild-street, Seven-dials—we deal with Poulton for ginger-beer—if it had not been for the prisoner I should not have done so—it was not good at all—I paid him 4s. 6d. for three dozen—I cannot say when—I cannot say I paid it—sometimes my child paid—I recollect paying 4s. 6d. in Sept.—I have known the prisoner thirteen years, he was my lodger.
Cross-examined. Q. Did you ever know a blemish in his character? A. Never—the beer was brought twice a week—I always paid when it was brought.
the prisoner into my employ, he having been with the former proprietor—he was authorized to receive money on my account, and should account to me when he came home, but if late, in the morning—on the 17th of Aug. I received two guineas from him on Mrs. Payne's account—I have his book here in which he entered that amount—he did not say he had received any further sum from him—(entry read)—"Payne, cash, 2l. 2s., pays all up to July 27"—that would be the amount due—that was in the book when he came home—he carried the book with him—he ought to make the entries at the time he received the money—there was a larger sum than 2l. 2s. due at that time—if he had entered only 2l. 2s. I should have known that more was owing, and I should then have asked why more was not paid—the entry that 2l. 2s. was all up to July, appeared correct according to my knowledge—I do not think I looked at the book to see whether up to 27th July two guineas was owing—there was more than that owing, but I was not aware of that at the time, as I did not make the account up till afterwards—I afterwards received 10s. on account of Mrs. Payne—I never received the 10s. for this bill marked B—there was another amount of 10s. which I did receive—it was in two amounts, and here are the two bills—the whole amount I have received since the 2l. 2s. was 10s.—I had received none before—this 10s. is entered in his book, in his writing, but not as paid—I never received 4s. 6d. as having been paid by Eleanor Allen in Sept.—I gave him into custody on the 18th of Sept.
Cross-examined. Q. About how many dozens of ginger beer do you sell in a month? A. It is impossible to tell—one week we sell perhaps one hundred or two hundred dozen, and another week not twenty dozen, it all depends on the weather—I see by my book that in Aug. I paid the prisoner for 129 dozen in a week—I never owed the prisoner any money—he always had his money on Saturday night—he has never owed me any money, except what he robbed me of—there has not been a dispute between us of about as much as 10l.—he would have to call on perhaps twenty or thirty customers a day—he always took the book with him—he has not been a week or ten days without settling, nor three days—he might have been three days, but not more—he had 15s. a week—he is married, and has three or four children—I deal in soda water and lemonade, and also sell oysters—I was present on one occasion at Mrs. Payne's when the prisoner was paid, and only on one—I was round with him—I may have been round with him two or three times lately—he usually delivered me this book every night, when he came home, and sometimes not till the next morning—I had no notion that he was going into the service of another ginger beer seller—I very seldom play at skittles—I believe I may have played one game with the prisoner, but I would not swear that I have, it was in his presence, I played with the landlord—I have played at cards with him in my own house at night, when he has been there to mind the shop, when my wife or sister have been out—we did not play for any thing, only to pass the time.
MR. BALLANTINE. Q. Have you ever been in the habit of gambling with him? A. No—I had the best of characters with the prisoner, and treated him more as an equal than a servant—the reason I went out with him latterly was to know my customers; for I so far trusted him, that I hardly knew my out-door customers—(receipt read)—"Aug. 17, 1843. Received of Mrs. Payne 2l. 16s. for Thomas Poulton—Thos. Weeks."
MRS. PAYNE re-examined. I took the receipt for 2l. 16s. on the 17th of Aug.—the whole was paid that day, at the time I got the receipt.
NOT GUILTY .
2867. HENRY PITT was indicted for breaking and entering a building within the curtilage of Daniel Haybittle, on the 3rd of Oct., at St. Pancras, and stealing therein 1 coat, value 7s.; 1 jacket, 5s.; 1 waistcoat, 3s.; and 2 pairs of trowsers, 8s.; his property.—2nd COUNT, stating it to be the dwelling-house of the guardians of the poor of the Strand Union.—3rd COUNT, stating it to be the building of Daniel Haybittle, and the goods of the guardians.
MR. DOWLING conducted the Prosecution.
WILLIAM BOSWOOD . I am relieving officer to the Strand Union. On the night of the 3rd of Oct. the prisoner applied to me for assistance, representing himself to be destitute, and being desirous of going into the country—he was admitted into the house.
Prisoner. Q. Can you swear that I told you I was going into the county on the following morning? A. Certainly—you had been before the board that day, and they would not admit you, and you applied to me for an order for a night's lodging.
DANIEL HAYBITTLE . I am master of the workhouse in Cleveland-street, Fitzroy-square, in the parish of St. Pancras; it is in the occupation of the guardians of the poor of the Strand Union. The prisoner was admitted into the workhouse on the night of the 3rd of Oct., and slept in the casual-ward—I have charge of the keys—the workhouse was locked at ten o'clock at night, and the keys were delivered to me—I got up at six next morning, and, in consequence of information, between six and seven, I went into the yard and missed the articles stated from the tailor's workshop—there is a window to the shop, which works on a swivel, and is kept in its place by its own weight—I found it open—that shop is in the same enclosure as I reside in as servant to the board of guardians—I called over the muster-roll in the morning, and the prisoner was the only person missing.
RICHARD BEEDHAM . I am an inmate of the workhouse, and am masterof the tailors'-shop. On Tuesday night, the 3rd of Oct., I left the shop about half-past seven o'clock—I saw the door locked and the window closed—I left a coat, a jacket, two pairs of trowsers, and a waistcoat in the shop, and a shoe under the window—I went to the shop about half-past six next morning, and found the window open—I saw some dirt on the shoe which I had left under the window, as if it had been trodden on—I missed the clothes—I saw a stocking lying on the floor, which was not there the night before—the foot part was damp, as if it had been lately worn—the window could not be opened from the outside without force—it opens in the centre, and fastens at the bottom.
JAMES ABRAHAM HEBERT . I am an inmate of the Strand Union work-house. On the night of the 3rd of Oct. the prisoner slept in the next bed to me—he went to bed between seven and eight o'clock—he got up between three and four in the morning, got a lucifer from another man who had only come in for a night's lodging, dressed himself, and went into the yard—I supposed he was going to the privy—he did not return—paupers cannot leave in the morning without giving notice to the master—they are generally let out after breakfast, between eight and nine o'clock—I never knew any go till after breakfast.
Prisoner. He stated at the office that I took a lucifer out of my pocket, and lighted the candle. Witness. No, I did not—you had no lucifer, and asked another man for one.
JAMES BUNYARD . I am a constable employed at the Union. On the morning of the 4th of Oct. I went into the tailors'-shop, and saw a stocking, which I produce—it is marked with the letter P, and was damp and muddy
at the bottom—it is not such a stocking as is worn in the workhouse—I also saw a shoe with a mud mark on it, as if recently made—it might have been made by any one stepping on it with the stocking—casual paupers generally leave at eight in the morning, if they do no work; but if they do work, it takes them till nine—I never receive the keys of the gates from the master till seven; and before that time there is no egress, except over the wall—the prisoner was acquainted with the regulations of the house—he had frequently been in the house before as a regular inmate.
GEORGE JOHN RESTIEAUX (police-constable E 49.) I apprehended the prisoner on the 5th of Oct., in the George the Fourth public-house, Broad-street, St. Giles's—I asked his name—he said Wilson—I charged him with this offence—he said he slept at the Union, but he was not guilty—I took him to the station—as we were going to the office I saw a woman following him—I afterwards followed her to her home in Buckeridge-street—I knew her before, and knew her to be connected with the prisoner by seeing them repeatedly on my beat—a woman named Ringer and her occupy one room with another woman, and I have seen the prisoner calling on them, and at times living there—I have also known them lodge at other lodging-houses—the prisoner occasionally lived in the same room with those women—I had seen the prisoner and the woman I followed in company recently before the robbery, and, I think, the very day before, in the passage of the house she lived in, in Buckeridge-street—on following her to her lodging, I searched, and underneath the bed, in the first floor front room, I found these two pieces of stocking up against the wall—the letter P is on one part, and two small marks on the side—it appears to have been recently cut into pieces—the foot is gone—these pieces exactly correspond with the stocking found in the workhouse—they appear to form a pair—they have the same marks—when I took the prisoner he had on a pair of white stockings—I did not notice them to see whether they were marked—I know the prisoner's name is Pitt.
Prisoner. Q. Can you swear the young woman I spoke to occupied the room? A. She lived in the room, and she said she lived there—Jenny Ringer rents the room, and you go there constantly.
COURT. Q. Do other men frequent the room? A. Yes—I know them, but none of their names begin with P—I never knew whether the prisoner had any mark on his stockings.
DANIEL HAYBITTLE re-examined. I do not know what stockings he had on when he came to the workhouse—there were about six hundred persons in the house—no one could get out without getting over a wall twelve feet high.
J. A. HEBERT re-examined. I did not notice what stockings he had on—it was dark where we went to bed.
NOT GUILTY .
OLD COURT.—Saturday, October 28th, 1843.
Fourth Jury, before Edward Bullock, Esq.
GUILTY . Aged 13.— Confined Three Months.
2869. WILLIAM BRYAN was indicted for breaking and entering the shop of Charles Stevenson, on the 3rd of October, at Paddington, and stealing therein, 4 planes, value 13s. 3d.; 1 chisel, 1s.; 1 gimlet, 4d.; 1 gouge, 1s.; 1 screw-driver, 1s. 6d.; and 1 rule, 2s.; the goods of Richard Weaver: 1 pair of compasses, 9d.; 1 hone, 1s. 6d.; 6 chisels, 6s.; 3 bradawls, 1s.; 1 plane, 3s. 6d.; 1 basket, 3s.; 1 screw-driver, 1s. 9d.; 1 square, 1s. 9d.; 1 gouge, 1s.; 1 saw, 1s.; 1 punch, 2d.; 1 saw-set, 4d.; and 2 gimlets, 4d.; the goods of Harvey Hunt: and that he had before convicted of felony; to which he pleaded
GUILTY . Aged 17.— Transported for Ten Years.
2870. JOHN COPLEY was indicted for burglariously breaking and entering the dwelling-house of Ann Aldridge, about five o'clock in the night of the 3rd of Oct., and stealing therein 4 flutes, value 5l.; and 1 key, 1l.; her goods.
WILLIAM RICHARD TUCKWOOD . I am in the service of Ann Aldridge, a widow, of Orange-street, St. George's, Bloomsbury—she has a house and shop—I slept in the shop. On the morning of the 4th of Oct., about a quarter past five o'clock, I was awoke by the smashing of glass in the fan-light over the shutter—I saw a man's arm at the fan-light, taking out the flutes through the glass—there is a range of panes going along the top of the shutters, about four inches wide, to throw light into the shop—I should think it was about three feet from the door—the flutes were hanging inside, underneath that pane, about an inch from where it was broken—I went up to the window, and shook the framework of the glass inside—the man withdrew his arm, and dropped, taking with him the flute—I heard something fall heavily outside, as if some one had fallen down—I awoke the inmates of the house, and in about five minutes opened the door—I did not see any one outside—this flute produced is Ann Aldridge's property, and one of the flutes that was missing—here is a silver key, which I have every reason to believe to belong to this part of the flute—this was dropped inside the window—it is marked "W. M.," and the flutes are marked, "William Millhouse"—we clean them with rouge, and the rouge is on them—flutes are mostly cleaned with whitening—the three flutes are worth about 25s. or 30s. a piece—the glass was quite sound when I went to bed the night before—I was the last person is the shop.
Prisoner. Q. Can you swear that is the flute you lost? A. Yes—I have had it in my hands often for the last six or seven years.
HENRY LANGHAM . I am in the service of Mr. Jones, pawnbroker, Holborn. On the 4th of October, about ten o'clock in the morning, this flute was pledged, I believe, by the prisoner, from his general appearance—I cannot swear to him.
JOHN WATSON . I am in the service of Mr. Perkin, pawnbroker, Albion-place, King's-cross. On the 4th of Oct., about half-past two o'clock, the prisoner came, and asked if I bought old silver, and how much an ounce I would give for it—I said I could not tell till I saw it—he produced this broken piece of a silver key—I asked what it belonged to—he said to an old flute—I asked him if he had the other part with him—he said it was at home, at No. 29, Edmund-street—I said I would step round to Edmund-street, and if he produced the other part, and lived there, and it was all right, I would buy it of him—as we were going he said the reason he broke the silver off was that the other end of the flute was lost—I went to No. 29, Edmund-street, with him, and then he said he lived at No. 29, Northampton-street—I went there—he made me stop outside while he went in—I stopped in the passage—a woman came into the passage—he came down again, and said if I was not satisfied with what the woman said, he would call his mother—I
said I was quite satisfied if he would step round to our house we would buy it—a constable came by, and I gave him into custody.
JAMES REED . I am in the service of Crush and Bromley, pawnbrokers, in Museum-street—I believe this to be the flute that was offered to me in pledge on the 4th of October—I cannot say who offered it—I did not take it.
Prisoner's Defence. The flute that I took the old silver off I bought in the New-cut; I lent it to a young man, who returned it broken; it was no good, and I took the keys off to sell.
NOT GUILTY .
Third Jury, before Mr. Common Sergeant.
2871. MARK BARTLEY was indicted for stealing, on the 27th of Sept., at St. Marylebone, in the dwelling-house of Thomas Bowles, 1 watch, value 2l.; 1 watch-chain, 6d.; 5 seals, 5s.; 1 watch-key, 1s.; 1 split ring, 6d.; 3 shillings, and 32 farthings; the property of Thomas Pitkin: 1 watch, 1l.; 1 chain, 6d.; 1 seal, 2s.; and 2 keys, 1s. 6d.; the goods of Thomas Course: and afterwards, about one in the night, burglariously breaking out of the said dwelling-house.
THOMAS PITKIN . I lodge in Henry-street, Portland-town—the prisoner lodged there about five weeks, and slept in the same room with me—on Wednesday, the 27th of Sept., the landlord forbid him to come into the house any more—I did not hear that—I went to bed on Wednesday night at twenty minutes to ten, leaving the key in my room door, inside—I locked the door, and hung my watch on a nail on the bed—I had a ring in my pocket, with three shillings and about twelve farthings—Thomas Course slept with me—I awoke about half-past four, found the door open, and the key inside—I missed my watch and other property—the landlord came and gave me information—this is my watch.
HENRY HUNT . I am the witness's brother—I heard a cry of stop thief a few minutes to seven in the morning, and saw the prisoner running in Southwick-street—when he got to Cambridge-terrace, I saw him throw a watch, chain, and seals from his hand into the garden where my brother found it—I am quite sure he is the man.
THOMAS BOWLES . I am landlord of the house—the prisoner lodged with me before the 27th—I gave him notice that day not to come again—I went to bed early—I heard a noise between twelve and one o'clock at night—I got out of bed, hearing somebody about in the house—I opened my door, and found it was an old man who lodges with us—he answered me—the prisoner must have got out of the house by the private door leading into the street—I went to the front door in the morning, and found it had been bolted by the old man who I spoke to when the alarm was—my house is in the Parish of St. Marylebone.
Prisoner's Defence. I got up at half-past five o'clock in the morning, and
met a young man and woman; I said I was going to Bowles's, as I owed him a few shillings for lodging; he said he was going that way; we went through Regent's-park, and had some coffee together; he said he wished the pawnbrokers were open; I gave him two duplicates and 22s., and he gave me two watch seals.
GUILTY . Aged 20.— Transported for Ten Years.
2872. GEORGE VALENTINE was indicted for feloniously assaulting Julia Bryant, on the 12th of Oct., putting her in fear and danger of her life, and stealing from her person, and against her will, 1 sovereign, her monies.
JULIA BRYANT . I live in New Gravel-lane. I was at the White Swan, High-street, Shadwell, on the 12th of Oct., about eight o'clock—I am an unfortunate girl—I had three sovereigns and half-a-crown in my hand—the prisoner was there, and asked me for a quartern of gin—I said I did not mind—as I was going to pay for it be grasped my hand, and would not let it go till he got the sovereign out—he tried to get the whole, but only got two of my fingers open—my hand was black and blue—I was not in any fear—I said, "You have got my sovereign"—he said, "Yes, it is in my mouth, will you have it?"—I said, "Yes, or I will fetch a policeman," but he would not give it me—I went for a policeman, and he was taken—it was not found on him—I swear he took it.
Prisoner. Q. What did I do with it? A. I did not see—I did not tell the Magistrate you swallowed it.
SARAH DEAN . I was with the prosecutrix, and saw the prisoner struggling with her—when he let her hand go I saw the sovereign in his mouth—she begged him to give it her for four minutes—I saw him put his hand to his mouth, and then down under the table to one of his shipmates, and while I went for a policeman that man went away.
Prisoner's Defence. The prosecutrix came and spoke to us; then went up the room to a young man for three quarters of an hour; then came and offered me a quartern of gin. She said, "Make believe you are going to give me the money to pay for it." I took hold of her hand; she said, "Let go of my hand." I said, "Let me see what you have, and I will." I let go, and she said I had taken a sovereign, and it was in my mouth. I said it was a lie.
GUILTY of Larceny. Aged 21.— Confined Six Months.
2873. CHARLOTTE THOMAS and JANE FRIEND were indicted for stealing, on the 8th of Oct., 1 canvass bag, value 6d.; 1 purse, 6d.; 4 sovereigns, 7 half-sovereigns, 4 crowns, 48 half-crowns, 30 shillings, and 4 sixpences; the property of Thomas Gray, in his dwelling-house.
MR. RYLAND conducted the Prosecution.
THOMAS GRAY . I live in Seward-street, St. Luke's. The prisoners lodged in my house—I had no other lodgers—on Sunday, the 8th of Oct., I and my sister went out, leaving the prisoners in the house—Friend is married—her husband was there—I left my rooms locked up, and the different articles safe in the drawers, and the kitchen window closed—I returned about eleven o'clock at night, and found the kitchen window wide open—I went up stairs, on the first floor—both the prisoners' doors were open, and my own door was unlocked—I sent my sister for a policeman—the prisoners were not in the house—I missed a canvass bag and a purse, containing about 16l. 2s.—there were four sovereigns, seven half-sovereigns, four crowns, and forty-eight half-crowns—I had seen it safely locked in my box on Friday—the prisoners came home that night to sleep—I charged them with it—they strongly denied it—they were not taken till next night—I have seen the canvass bag and money
in the care of Sergeant Brannan—the prisoners were present when part of the property was produced—they still denied it—this is my purse.
Cross-examined by MR. BALLANTINE. Q. Is it your own house? A. No, a relation of mine, Mrs. Sarah Gee—she does not live there—she lets it to me—she has no room in it—it is my dwelling-house.
JANE GRAY . I am the prosecutor's sister. I went out with him—I put the key on the drawers in my bed-room, locked that room-door, and put the key on the kitchen table—I locked that door, and gave the key of it to my brother—we went out—came back about eleven o'clock, and found the kitchen window and door open—I went up stairs—the prisoners were out, and the purse and money gone.
JAMES BRANNAN (police-sergeant.) About one o'clock on Monday morning I examined the place—in my opinion the robbery must have been committed by the inmates—I told the prisoners they were suspected—they denied all knowledge of it—I took them at six o'clock that evening, at their lodging—I searched the water-closet, and found a parcel in the soil, wrapped in a piece of paper, which exactly corresponded with some paper in Thomas's drawer—it had been torn off the same piece the bag was wrapped up in—the brown paper in the soil contained the purse and 8l. 12s.—I took the prisoners to the station, and charged them with it—there was not sufficient to detain Friend, and she was discharged—Thomas called me to the cell-door, and said, "It is a pity Mrs. Friend should be discharged, and I detained"—I said, "If you have anything to say, it must be in the presence of the inspector"—she said, "Mrs. Friend was present when we took the money; she often asked me to do it, or I should not have thought of doing it"—she repeated the same before the inspector—I took Friend into custody again, told her that Thomas had said she was present, and that she had left a portion of the money with Mrs. Downes, in Sutton-street—she said, "That is quite right, she asked me often to do it, or I should not"—we went to the house she mentioned, and found a parcel, containing 7l. 10s. in gold.
(Thomas received a good character.)
THOMAS— GUILTY . Aged 30.
FRIEND— GUILTY . Aged 33.
Confined Six Months.
2874. WILLIAM FYLER was indicted for stealing, on the 30th of Aug., at St. Giles-in-the-Fields, 1 watch, value 4l.; 1 guard-chain, 10s.; 2 pairs of trowsers, 7s. 6d.; 1 waistcoat, 7s.; 2 razors, 5s.; and 1 hat, 5s.; the goods of Joseph Burraston, in the dwelling-house of Philip Charles Bowin; and that he had been before convicted of felony.
JOSEPH BURRASTON . I am waiter at the Old Coachmakers' Arms, Longacre. On Wednesday, the 30th of Aug., the prisoner came there, and slept in my bed-room—there are two beds there—my trowsers and things were all in the room—my watch was locked up in a small box—I did not miss any thing till the Sunday following, as I did not go to the box—none of them have been found, except my hat, which was taken from the room—this is it—my box had been opened, and locked again—it is the dwelling-house of Charles Bowin—nobody slept there on Thursday, Friday, or Saturday—nobody had been in the room except the servant—the prisoner complained of being very warm in the morning—I asked how he slept—he said, "Very well"—he drank some gin at the bar, and went away—I little thought he had my hat on at the time—he left his old one behind instead of mine.
Prisoner. The hat is my own; I bought it. Witness. I know it by the maker's name—it was rather large, and I placed two bits of newspaper in it,
to keep it from coming over my eyes—I found them in it—they are here now—I swear he is the man.
GEORGE WESTON (policeman.) On the 2nd of Oct. I took the prisoner on another charge—I took this hat out of his hand before the Magistrate, on the 2nd of Oct., he said, "This is my hat"—he did not say how he got it.
Prisoner. He took the hat from the side of me, took it to the prosecutor, and said, "Try this hat on;" it fitted him; he went and brought this old hat; I was never in the prosecutor's house; I was at Brighton at the time; he could not tell the maker's name till the officer's attention was called to it. Witness. Burraston told me there was paper in the hat before he examined it, and told me the maker's name before he saw it.
GUILTY . Aged 37.— Transported for Fourteen Years.
WILLIAM CROUCH . I keep a coffee-shop in Blackmore-street, Drury-lane. On the morning of the 24th of Sept., between one and two o'clock, the prisoner came to my house—as he was coming down stairs in the morning my wife said to him, "It is usual to examine the room before the lodger goes out"—he said, "It is all right"—my wife said it was better for one of us to go up stairs and examine the room first—he said, "I will go up with you"—I went first, he came after me, and on the second landing he said, "For God's sake, don't do anything to me, for I have done a thing I am sorry for, which I never did before in my life"—I found all the bed-furniture was gone—he unbuttoned his coat on the top of the stairs, took the furniture out, and was going to pitch it towards the bed—this is it.
ROBERT ALLEN . I am an oil and colour-man, and live in Upper Dorset-street, Marylebone; Mr. Skeet, of Dorset-street, is a customer of mine. On the 11th of Sept. the prisoner brought me a written order for a stock-brush and a dusting-brush—I said, "This is not from Mr. Skeet"—he said he came from Mr. Skeet—I said, "It is not his writing"—he said, "No; it is from Mrs. Skeet; Mr. Skeet is not in town"—I served him with the two brushes—I have lost that order—he came again on the 16th, without any order at all, said he came from Mrs. Skeet, as usual, for three stock brushes—he said Mr. Skeet was at Tonbridge, he had got a large job there—on the 21st he brought this paper, in consequence of which I served him with the brushes—(read)—"Sept. 21, 1843, 6 wash and 1 dusting-brush. J. SKEET."—he said he came from Mrs. Skeet—I believed it to be her writing, or I should not have given them to him.
Prisoner. Mr. Allen promised, if I would give him the duplicates and tell him what I had done with the property, he would not hurt a hair of my
head; I gave him the duplicates fourteen days before I was in custody; Mr. Skeet heard him.
MR. ALLEN re-examined. I never said so—he did give me up the tickets—I swear he brought the order.
MR. SKEET re-examined. I believe something of the sort was said to him, but cannot say distinctly one way or other.
GUILTY. Aged 17.—Strongly recommended to mercy, on account of his youth, and the property being of small value. — Confined Two Years.
2877. CATHERINE RYAN was indicted for burglariously breaking and entering the dwelling-house of John Anthony, about the hour of three in the night of the 21st of Oct., with intent to steal, and stealing therein, 2 sheets, value 8d.; and 1 flannel shirt, 4d.; his goods.
ELIZABETH ANTHONY . I am the wife of John Anthony, of Playhouse-yard, Whitecross-street, St. Luke's; it is our dwelling-house; we sleep in the parlour; the window is about four feet from the ground. On Monday morning, the 22nd of Sept., about one o'clock, I went home, and got in at the side door—the shop was quite safe—my husband was in bed and asleep—I awoke him up, and gave him his supper in bed—I went to bed, and fell asleep—in one or two hours I was awoke by a dreadful noise, and saw the prisoner crouched down by the side of the bird-cages—my husband asked how she came there—she said she did not know; what way should she get out?—she was quite sober—we sent for a policeman—I found the window wide open—it was shot when I went to bed—the sheets were just under the window the night before—one was covered over the bird-cages—I found the sheets removed, the bird-cages broken to pieces, and the birds flying about—the policeman found the sheets and flannel in the yard.
JOHN ANTHONY . My wife came home—I went to supper, and went to sleep again—I head somebody in the room, got out of bed, got a light, and saw the prisoner crouched up by the side of the bird-cages—I asked how she came there—she said she did not know—she then said, "A man was opening your window"—I said, "I suppose he put you in?"—she said, "I don't know; how shall I get out?"—I said, "I will show you"—I called a policeman, and gave her in charge.
JAMES HAWKINS (policeman.) I took the prisoner, and examined the premises—the window had not been fastened—it was open, and several cages which stood under it broken to pieces, and the birds flying about the room—I found the sheets in the yard, about three yards from the window—I saw nobody up stairs.
Prisoner's Defence. The prosecutor pulled me into the room, pulled me about, and kicked me.
JOHN ANTHONY re-examined. I was in bed and asleep—I did not pull her into the room—I never saw her before in my life—I did not throw the shirts out of the window—I had not thrown two over the bird-cage—there wag no scuffle between us—six or seven dozen birds were let out—that was done in getting in at the window—a person might have got out of the window before I awoke—my wife awoke me, hearing the cages break—the person's feet must have come on the cages in getting in or out.
(The prisoner received a good character.)
GUILTY .† Aged 17.— Confined Eighteen Months.
GUILTY . Aged 10.— Confined Eight Days and Whipped.
CHARLES KNOWLES TROTMAN . I keep a coffee-shop in Great Marylebone-street. On the 13th of Sept., about four o'clock, the prisoners came into my shop—one of them had been the day before, and I missed a bundle of cigars—I watched them in the passage, and saw Smith get under the table two or three times, and presently he drew up my umbrella between his legs, and put it behind Jones—I looked out, and saw a policeman, called him, and gave them both in charge—we could not find the umbrella—they were taken into the street, and the umbrella was found in Smith's breeches—Jones was talking to him at the time, and must have seen him take it—he held a paper in front of Smith, to keep my daughter from seeing what was going on.
Smith. I did not get under the table.
SMITH— GUILTY . Aged 17.
JONES— GUILTY . Aged 18.
Confined Three Months.
2880. SOPHIA ANN WELLS was indicted for stealing, on the 29th of April, 1 veil, value 5s.; 1 buckle, 6d.; 1 scarf, 6d.; 1 bottle, 3d.; 2 brooches, 2s. 6d.; 1 snap, 3d.; 1 parasol, 6d.; 1 scent-bottle, 2s.; and 1 pincushion, 4d.; the goods of Godfrey John Baynes, her master.
ANN BAYNES . I am the wife of Godfrey John Baynes, a stationer, at Turnham-green. The prisoner was in my service—she left on the 12th of Oct., and I missed the articles stated—I went with a constable to the prisoner's lodgings, and found her there; her boxes were searched, and the whole of the articles produced were found in it—I swear they are all mine.
GUILTY. Aged 19.—Recommended to mercy. — Confined Three Months.
SAMUEL KNIGHT . I am a seaman, and live in Albert-street, Shadwell. On the night of the 13th of Oct. I was in the kitchen with my landlady—the prisoner was there—I took my jacket off—I saw the prisoner go to it, and take my things out—there were four sovereigns in a tin case, with a bill for wages—I saw her take the sovereigns—I asked the landlady to search her—she took two sovereigns from her—I gave my landlady the box, and after that I took two more sovereigns and the box out of her pocket—I had never seen her before.
SUSANNAH REDMOND . I keep the lodging-house. I took two sovereigns out of the prisoner's pocket—after I did that she took the tin box—the prosecutor had given it to me—I gave it to my husband—he laid it down, and when we searched for the two sovereigns the tin box was in her pocket, with the 20l. bill in it.
GUILTY . Aged 40.— Confined Four Months.
WILLIAM NUGENT . I am servant to Matthew and Joseph Faulkner, of High Holborn. On the 7th of Oct. I received information, and missed this linen cloth, which was partly outside and partly in—I ran out up Holborn, saw the prisoner at the corner of Hyde-street, and asked what she had in her
apron—she said she had nothing—I pulled her shawl open, and found it in her apron—she said she had it given to her—I had seen it safe half an hour before—there was a woman named Jones with her—the bill against her was thrown out—it is my masters' property.
Prisoner's Defence. Jones asked me to come down Holborn with her; a woman ran up, quite out of breath, and said, "Here, my good girl, here is some stuff for you," that she would rather anybody should have it than her landlady; I would not have it; she threw it down and ran away.
GUILTY .† Aged 15.— Confined Four Months.
JOHN SHAW . I live in Queen-street, Grosvenor-square. The prisoner was in my employment—on the 15th of Aug. I left him in the shop while I went to dinner—I came back in about twenty minutes, and missed him and three pain of boots—the two pairs produced are mine.
EDMUND SPEARING . I am a shoemaker, and live in Fulham-road, Chelsea. On the 15th of Aug., about four o'clock, the prisoner came with this pair of boots on his feet, and this pair in his pocket—he said the pair on his feet his master had given him, and the other belonged to his father, who was dead, and his mother gave him them to dispose of—he wanted some victuals—he sold the pair on his feet to a groom, who is one of my customers—I am sure these are what he brought—he sold the two pairs three weeks afterwards.
Prisoner's Defence. These boots were not sold for three weeks; Mr. Shaw could not swear he saw me take them; he beguiled me from my master.
MR. SHAW re-examined. I did not beguile him.
GUILTY . Aged 19.— Confined Three Months.
2884. CHARLES WEST was indicted for stealing, on the 19th of Oct., 10 shirts, value 4l.; 2 shifts, 10s.; 2 pairs of drawers, 2s.; 2 petticoats, 2s.; 6 collars, 1s.; 3 habit shirts, 1s.; and 4 handkerchiefs, 3s.; the goods of John Chester; and that he had been before convicted of felony.
ELIZABETH CHESTER . I am the wife of John Chester, of Dalziel-place, a plumber. On the 19th of Oct., about ten o'clock, I fastened up the wash-house, and left these things safe—about three o'clock in the morning I was called up by the police, and found the washhouse in great confusion, and the property removed, and placed in different places to where I had left it the night before—the window had been opened by removing the fastenings—I am sure it was fastened at night.
THOMAS EATON (policeman.) About two o'clock in the morning I was on duty, and saw the prisoner go to the washhouse, try the door, and then go to the window—a square of glass was out, he put his hand in, removed several things which were placed against the window, at last I stepped forward to the window and opened it, having seen him go in—I did not see him remove the linen—I found it just inside the window—on the prosecutrix being called up she said it had been removed—I took him into custody.
Prisoner. The linen was taken out of a tub, and put into a basket, after I was taken. Witness. I did not remove it till after the prosecutrix came down.
GUILTY .— Transported for Ten Years.
EMILY MASON . The prisoner is my daughter—she was living with me—I missed this blanket and table-cover—she gave me a duplicate of them—I found the articles at the pawnbroker's—she never did anything wrong before—she had been ten weeks from home.
GUILTY. Aged 15.—Recommended to mercy. — Confined Six Days.
CATHERINE HENNESSEY . I am a widow, and keep a shoe shop in Old-street-road. The prisoner is a shoemaker, and works at my shop—I was constantly missing shoes—on the 17th of Oct, I gave him in charge—the policeman produced these four pairs of boots—they are mine.
Prisoner. Q. Are you able to swear they were never sold? A. Never, I am certain.
JAMES BRANNAN (police-sergeant.) I told the prisoner he was suspected of robbing his mistress—he said he knew nothing about it—I asked if he had any duplicates—he said he had not—I put my hand into his pocket, and found the duplicate of these boots, and found one pair on his feet, which the prosecutrix identified.
GUILTY.† Aged 19.— Transported for Seven Years.
OLD COURT.—Monday, October 30th, 1843.
Fifth Jury, before Edward Bullock, Esq.
GUILTY .— Confined Four Months.
JOHN CLARK . I am a butcher in Hungerford-market—the prisoner has been in my service about fifteen months. On the evening of the 26th of Oct., about half-past six o'clock, I left my counting-house, which is at the end of the shop, for about a minute or a minute and a half, leaving the prisoner in the shop—I locked the cupboard, and left the key in it—when I returned I found the prisoner still in the shop—about an hour afterwards I went to the cupboard, and missed a sovereign, which I am certain had been there when I left the cupboard—there were four in one place, and one in another—it was one of the four that I missed—I had left no one there besides the prisoner—I asked him if he had been into the counting-house—he said "No"—I said he must have been, for I had lost a sovereign, and I had suspected him for the last fortnight—he denied it—I sent for a constable, and, just before he arrived, the prisoner pulled the sovereign out of his pocket, gave it to me, and begged pardon.
was lying about; that it was the first thing he had ever taken from his master; and asked what I thought he would get done to.
GUILTY . Aged 16.— Confined Four Months.
JOHN HOLLY . I am master of a brig. On the 13th of Oct., at nine o'clock at night, I was on Tower-hill—the prisoner came up to me, and asked me to give her a penny to get her a drop of beer—I said I had not got one—she knocked at my pockets, and said, "You have got plenty"—I said, "I have not"—she said, "I know you have"—I had a bag full of things slung over my shoulder—I put my hand into my trowsers' pocket, and gave her 1d.—she had her arm round my neck, over my right shoulder—I had a canvas bag, containing twenty sovereigns, in my right trowsers' pocket—I had had them in my hand when I felt for the penny—I had no button to that pocket—after I had given the prisoner 1d., another woman came up and asked for one—I told her to go about her business, and she went off—the prisoner was by me at that time, and said, "I shall go off about my business, and leave you to talk with my partner"—I said, "I want no talk with your partner, nor you either"—they then went away—the other woman never touched me—I had not gone above forty yards when I missed my twenty sovereigns—I went back and met a policeman, and about eleven that night saw the prisoner at the station—the inspector asked me whether she was the girl that robbed me, and I said yes—she denied it, and said she had not been on the hill that night—I am certain she is the woman—I had never seen her before—I know her by her speech and her dress—she was with me about two minutes—I spoke to no other women but those two—I have never found my bag or money.
PIERCE DRISCOL (policeman.) I met the prosecutor about ten o'clock at night—he told me something, and about eleven I met the prisoner in Rosemary-lane—I told her I was in search of her for robbing a man on Tower-hill of twenty sovereigns—she said she was not on Tower-hill—I saw something in her hand, caught hold of it, and asked what it was—she said it was no business of mine—I forced it open, and found a sovereign—I took her to the station—she told me she was in company with a man in Mill-yard, at Mrs. Castle's house, and after she came out he gave her this sovereign, and she thought it was a shilling—I went to Mrs. Castle's—the girl there said she was in the house for a few minutes, but what the man gave her she could not tell—the prosecutor came to the station and identified her—a woman searched her, and only 6d. was found on her.
The prisoner in a long defence denied having seen the prosecutor, and stated that the sovereign was given her by a young man.
NOT GUILTY .
Before Mr. Justice Wightman.
MR. PRENDERGAST conducted the Prosecution.
SARAH REYNOLDS . I live in Martha-street, Haggerston. The prisoner lived next door to me with his wife Mary Haynes—I was called by the prisoner at ten minutes to three o'clock in the morning, on Thursday, Sept. 28th—he said, "Make haste, my wife is dying, make haste, I am sure she is dying"—I went into his house immediately, and found Mrs. Haynes laying in bed as if she
was going to sleep, with one side of her face on the pillow, her right hand on her breast, and her other arm straight down—I could not get her to open her eyes, or to speak—she lived scarcely a moment—as I spoke to her she closed her eyes, and breathed her last—the prisoner followed me up stairs—I turned round from the bed, and said, "Why did not you call somebody before, your wife is dead?"—he said, "Bless your soul she was out of bed an hour ago"—I said, "What have you been giving her?"—he said he had been up, and got her a cup of tea, and showed me the tea—I asked what it was—he said tea—I said, "What else have you been giving her?"—he said some sulphate of potash—I asked him how much—he said two ounces—that he gave it her going to bed—I asked if it was poison—he said no, she had taken the same quantity before, and it had taken no effect on her—I said, "When?"—he said "Tuesday night"—I asked him what for—he said she was in the family way, and he gave it her to destroy it—I said, "What, the infant!"—he said, "Yes"—after this the deceased's mother and sister came, and said they had better have a doctor—I turned round and said, "Mr. Haynes, you had better send for a doctor"—he went down stairs, and came up again—I said, "Is any one gone for a doctor?"—he said "Yes, your husband"—the doctor came shortly after—my husband had fetched him—I had seen the deceased the morning before—she came to me at the garden rails—she appeared very poorly then, and complained of being very sick—I saw her again about ten o'clock at night—she appeared much better than in the morning—she had appeared latterly to get very thin and pale—I remarked that particularly on Wednesday morning—she appeared to me in a pregnant state.
Cross-examined by MR. WILKINS. Q. Did you hear any rattling in her throat? A. Not the least—nothing like snoring—I did not discover whether her skin was moist or dry—I did not examine her person—she had enjoyed good health till lately—I know nothing of her being inclined to sleep—she was not in my place, and I know nothing of it—I have not noticed her drowsy at times—I merely saw her as a neighbour—they kept a shop, and I only went there on business—she placed her band on her side when she felt poorly—when the prisoner called me, he appeared in the deepest distress, wrung his hands, and exclaimed, "What shall I do?"—I was not present at his interview with his child—I did not notice any unpleasant smell from the bed—she was a small woman, but stout—she had not a large head—she had a very short neck.
MARK PICKERING . I am a surgeon. On Thursday morning, the 28th of Sept., I was called to the prisoner's house, and found his wife dead when I got there—the prisoner was present, and several persons—I tried to bleed her but no blood flowed—I asked the prisoner what she had been taking—he answered, he had given her two ounces of sulphate of potash—I asked what he gave it in—he said, a glass of water—I asked him to produce the glass—he did so—it was perfectly clean, and no ingredients in it—I asked him what caused him to give such a thing—he said it was to make her miscarry—I asked him if she had taken any thing of the kind before—he said, "Yes, she had taken four ounces within a fortnight in small quantities, that she took two ounces on Tuesday, and two ounces on Wednesday night at ten o'clock—I asked him to show me what had been thrown off her stomach—he said it was all washed away, there was nothing remaining—I asked him if any one recommended him to give her that article—he said he took it from a book which he bought in the Strand—I asked for the book—he produced it—I handed it to the officer—I asked if he was embarrassed, or what was the cause of his doing such a rash act—he said he had such a dislike to children—I have examined the deceased in company with another surgeon—I have been forty years in the profession—on looking at the body I found she was not pregnant—I
examined the brain, and the dura-mater which covers the brain was perfectly healthy—on removing that membrane I found about two ounces of blood flowed from a ruptured blood vessel on the brain, which was the cause of her death—I opened the abdomen—the stomach was found empty, and very much inflamed—the uterus was healthy and unimpregnated—all the stomach and intestines were highly inflamed, which must have arisen from some irritable substance—it was a state of high inflammation from irritability, from the preparation that was introduced into the stomach—a person taking two ounces of sulphate of potash on Tuesday night, followed by sickness and vomiting, and the same quantity on Wednesday night, which produced sickness, would cause the appearance I found the stomach in—the vessels of the brain were very much distended and full of blood—supposing the sulphate of potash to have been taken, and producing sickness and vomiting, I consider that the exciting cause the stomach and intestines being in such a high state of recent inflammation—I think the appearance of the brain was produced by the irritation of the stomach, causing sickness, which produced a rupture of the blood vessel, the violent exertion in retching—I could trace all the symptoms to have been occasioned by the administration of sulphate of potash—he stated that she laboured under great sickness, and vomited to a great degree in the course of the night—that on Tuesday she vomited excessively, and was very sick—sulphate of potash is sometimes administered in small quantities, and is then a mild cathartic—a dose is about a drachm—there are eight drachms to an ounce—two ounces would be attended with great danger—so large a quantity administered two following days would be attended with very great danger.
Cross-examined. Q. Are you a member of the Royal College of Surgeons? A. I am not, nor of Apothecaries' Hall—I was in practice prior to the Act passing—I was apprenticed to a regular licentiate, Mr. Weatherhall, of Tabernacle-walk—I have attended several cases of apoplexy; apoplexy is where the vessels are over-extended with blood, and rupture takes place, to cause sudden death—it arises from a variety of causes, which occasion blood-vessels to give way in the brain—that is generally the cause of apoplexy—the best medical men are frequently at a loss to discover the cause—it may be constitutional, or result from mental excitement, the intemperate use of ardent spirits, or from no ostensible cause—I have not examined the stomachs of persons who have been hanged, and cannot say whether they exhibit symptoms of inflammation—the stomachs of persons dying of apoplexy are generally in a state of inflammation—apoplexy may be produced by a sudden cessation of the heart's action, or the functions of the lungs—I do not know the habits of the deceased, whether she was passionate or not, or temperate—I did not examine the whole of the brain—I did not consider it necessary—nor the lungs or heart—apoplexy may result from a morbid quality of the blood, as well as from extreme quantity—the blood was of a very dark appearance, I should infer from that it was a very thick, glutinous blood—apoplexy is more likely to result in a patient with blood of that description than if it were limpid—if I had received no previous information, I should have concluded there had been some exciting substance introduced into the stomach, from the intestines being empty, and the stomach and intestines recently inflamed—that is not a very frequent occurrence in apoplexy—apoplexy is not always attended with evacuation to this extent—I do not mean to say it is impossible—there was nothing found in the stomach—I did not try by scent to ascertain what had been introduced—I do not know that I have named about the prisoner's dislike to children before to-day—when he was in custody, he appeared in deep anguish, but not when I went to see his wife—sulphate of potash consists of vitriolic-acid and potash—the acid is completely
neutralised—it is a neutral salt, much more drastic, I think, than sulphate of magnesia—one drachm at the time is the most I ever knew administered—it is seldom used—the quantity used to be prescribed is half an ounce in an eight ounce mixture—I do not say half an ounce would be attended with the slightest danger—an ounce would, I am sure—I have a trifling knowledge of chemistry—I have attended Dr. Reed's lectures on chemistry above thirty years since—I have attended none since.
MR. PRENDERGAST. Q. Were there any appearances about the body to lead you to any other conclusion than you have given? A. No, or to make me doubt about it.
GEORGE WILLIAM HENRY COWARD . I live in Steven's-place, New North-road, Hoxton. I was called on to examine the deceased on Thursday morning, the 28th of September, in company with Mr. Pickering—I found a piece of paper in the room the body lay, which I produce—I made a post-morten examination of the body—I should suppose her to have had perfect health generally—she was short-necked, rather robust, and very fat, which would induce me to suppose she had a predisposition to apoplexy—I examined the body—there was inflammation of the whole lining-membrane, the stomach, and intestines, throughout the whole lining were very much inflamed, in a state of active inflammation—I found, on opening the head, extravasation of blood had taken place from the rupture of a vessel—I believe that to be the immediate cause of death—two ounces of sulphate of potash, given on Tuesday, and two ounces on Wednesday, was likely to cause great inflammation of the stomach, great retching, and perhaps a rupture of this vessel—I think that probable from the circumstances—I was sent for by the police to go there—the vessels were much gorged and distended with blood—the brain was otherwise in a healthy state—the gorging of the vessels, and the rupture, would probably proceed from this irritation.
Cross-examined. Q. Have you attended many cases of apoplexy? A. A very great many—if I had been called in, without knowing any suspicious circumstances, I should have considered the apoplexy was produced by irritation of the stomach, but what caused it I could not say—almost any exciting cause will produce it—sulphate of potash is one of the things that would produce it—I frequently prescribe sulphate of potash, but it is generally mixed with other compounds, other cathartics—I should not say one ounce of potash was poison—I should expect it would cause irritation, and most likely sickness.
COURT. Q. What should you say of two ounces? A. It is a very extraordinary dose—there is no doubt of its producing sickness.
MR. PRENDERGAST. Q. Would two ounces probably or not produce the sort of sickness as to occasion considerable derangement of health? A. No doubt of it—it would be dangerous—Epsom salts administered in large doses would produce it—it all depends on the quantity—I do not know that magnesia in large quantities would produce death—I never knew two ounces of sulphate of potash given, or an ounce—I have known one or two drachms.
GEORGE YARNELL . I was in the prisoner's service as errand-boy. About a fortnight before Mrs. Haynes's death, the prisoner wrote something on a piece of paper, and gave it to me to go the chemist's—he told me to go and get that stuff, and to meet him in the street opposite the Golden Key—I went to the Golden Key, and got it—the paper it was in was like the one produced—it was in two papers—I think it was a quarter of a pound—I gave the paper to Mr. Sadler at the Golden Key, as the prisoner had written on, and he gave me the medicine—I think I had been there once before, a good while before—the stuff I received both times was much the same kind—I took it to the prisoner the second time—I met him in the street, and gave it to him.
Cross-examined. Q. He was a kind master to you, was not he? A. Yes—I did not see his child come to see him at Worship-street.
Cross-examined. Q. I believe you always considered sulphate of potash as harmless a medicine as any in your shop? A. Certainly I have.
MR. PRENDERGAST. Q. You are not much of a medical man? A. No—I am a chemist.
JOHN LEA BEDINOFIELD . I am assistant at the Golden Key. This paper is my writing, and has contained some kind of sulphate, but what I cannot say—I do not remember serving the boy—if I had sold sulphate of potash I might have written what is here, but we do not label sulphate of potash generally, as it is not a poison—we sometimes label articles not poisonous—if I had written sulphate of potash I should have written as much as is here—I might have written it short—it depends on whether the person understands what the drug is—if they do not understand it, I write at length—if I had sold sulphate of potash to a stranger I might have written it in this way.
Cross-examined. Q. Have not you considered it as harmless and inoffensive a medicine as you sell? A. It is very harmless—I sell it without any restriction.
MR. PRENDERGAST. Q. Are you a chemist or surgeon? A. A surgeon—I do not mean to say it is harmless given in any quantity—common salt is not harmless given in any quantity—two ounces of common salt would do as much mischief as this—I should think it would do mischief.
JAMES WOOD (policeman N 217.) I apprehended the prisoner—Mr. Pickering gave him into my custody—he said he gave him into custody for causing the death of his wife—I asked how he knew he had caused her death—he said, "Principally from his own words"—I asked how he had caused it—he said, "By administering sulphate of potash to cause abortion, and that had caused her death"—the prisoner said it was all true—I told him to hold his tongue, and answer no questions, for anything he might say would be given in evidence—he said he did not care; he would speak the truth, if he was hung for it—he then told me, about a fortnight previous, he got a quarter of a pound of sulphate of potash, and gave her that in small quantities; that on Tuesday he got two ounces more, and gave her all at once, which caused violent retching, and a great deal of sickness, but she got better again in the morning—on the Wednesday he got two ounces more, and gave it her a little after ten o'clock, when she went to bed, which caused violent retching, and a good deal of sickness again, till between two and three o'clock on Thursday morning, when, thinking she was dying, he called in a next door neighbour; that he gave it to her to cause a miscarriage, but never thought it would have a fatal effect on her.
Cross-examined. Q. Was Mr. Pickering present all this time? A. He was—I was not present when the prisoner had an interview with his child—I made a note of what he said after I got home—the prisoner said he took it from a book, which he produced—I have had that book in my possession ever since.
NOT GUILTY .
Third Jury, before Mr. Justice Maule.
MR. RYLAND conducted the Prosecution.
was a fancy boot-maker. I saw him last alive on the Saturday night he was stabbed—we had been working together—he was quite well then—I saw him afterwards, when he was dying, and after he was dead.
MARIA NELSON . On Saturday night, the 80th of Sept., I was in Silver-street, Golden-square, as near ten o'clock as possible—I saw a man who I have since learnt to be Peter Keim, running very quickly, and holding his hand to his stomach—he passed me very quickly, and the next minute, as I was going into a shop, the prisoner came running up with a knife in his right hand, holding it down—he had a pipe in his mouth, which he was holding with his left hand—he stood by me, I suppose, for a minute—I could see the blade of the knife—it looked to me as if a piece was broken off the point—I did not observe whether it was sharp—I had heard no cry before I saw the two men—I did not speak to the prisoner, but kept looking at him—he was speedily followed by a policeman and another man—I saw the prisoner put the knife behind him, out of sight, when the policeman came up—the policeman said, "Where is he?"—he did not know him—I said, "There he stands"—the policeman told him he had got a knife, and he must take him into custody—he said, "No, no"—I went up to the policeman, and said, "He has got it behind him, in his hand"—the policeman then, with another person, took his arm from behind him, held it up, and took the knife from his hand—I saw the blade, but did not observe the state of it—the policeman called another policeman to his assistance, and took him to the station.
Cross-examined by MR. ADOLPHUS. Q. How near was the prisoner to the deceased when you first saw him? A. Close to him—he merely lost sight of him by his turning the corner first—he was running in the same direction—they were close together.
WILLIAM MERRYFIELD (police-constable C 44.) On Saturday night, the 30th of Sept., I was on duty in Broad-street, Soho, which is very near Silver-street, and saw the deceased running, and the prisoner after him, about three yards behind—when Keim got to the corner of Broad-street, leading into Marshall-street, he looked round, and cried "Murder"—I ran after the parties—when I got a little way down the street, there was a woman, who said, "Murder"—I did not observe whether the prisoner had anything in his hand before he got round the corner—I could not see—when I came to the corner I lost sight of the prisoner—I asked a woman where the man was—she said, "There he is, standing with a knife in his hand"—it was the prisoner—I went up to him, laid hold of his collar, and said, "My dear man, what are you going to do with that you have in your hand?"—he tried to put his hand in his pocket, but I drew it out of his pocket with the knife—I held the handle, and he had the blade—in about five minutes I took the knife from him—I could not see any marks of blood on the blade—I looked to see—in going across Golden-square, I asked him what he was going on upon with the knife—I was much excited at the time—he told me he went to run it into Peter Keim, and had it not been for the leather inside his trowsers, he should have ripped it all out of him—I took him to the station, searched him, but found nothing on him but the knife and a pipe, which he was smoking when I came up to him—I should say he was not at all in liquor—I was asked if I had any charge to make against him—I merely said to the inspector, that I took this knife from him, on account of another man running before him crying, "Murder"—the inspector said I had better take him home, and let him stay with his landlord, and ascertain whether he had stabbed any person or not—I did so, and left him in charge of the landlord.
Cross-examined. Q. When you first saw anything that engaged your attention, the deceased was running? A. He was, and the prisoner was running after him in the same direction, with this knife in his hand—I cannot
tell whether this is a proper tool for a bootmaker to have—from the time I first saw him till I came up to him, he could have gone away—the landlord had no legal authority to hold him—he might have gone from him if he liked—but I do not think he would have let him go.
JESSE JEAPES (police-constable C 146.) On the night in question I was at the Vine-street station—the prisoner was brought there—no charge was made against him, and he was sent away—in consequence of information I received shortly afterwards at the station, I was sent to look for him—I found him at No. 4, Bentinck-street, about twenty minutes Or half an hour after he had been sent away, in the water-closet in the back yard, lying on his back, with a silk handkerchief tied very tight round his neck, and a little blood and froth coming from his mouth—I immediately brought him into the yard, and asked the landlord to untie his handkerchief, which he did—I took him to the station, and took him into the cell—he asked me whether I would let him have a pipe of tobacco, I refused—he had certainty not been drinking—he was told the charge, I believe he said nothing at all.
PETER MARSHALL . I am a surgeon, and live in Greek-street, Soho. On Saturday night, the 30th of May, about half-past ten o'clock, I was called in to see the deceased, he was lying on a sofa—I examined his person, and on the left side of the lower part of the belly, I found a wound, evidently inflicted by a sharp, cutting instrument—such a knife as this would inflict such a wound—I inserted a probe, and it indicated a depth of about an inch, but on a post-mortem examination, it was found to be deeper—I probed it as far as was considered necessary—I did what is usually considered necessary in the case—in my judgment there was no hope from the first, from the nature of the wound—he lived till four o'clock on Monday—after death I examined the wound more minutely, it was nearly two inches in "depth, and had penetrated the bowels in two places—the instrument had transfixed a portion of the bowel, passing from one side of the intestine to the other, making two wounds, two openings in the bowels—the bowels were highly inflamed, in consequence of this wound, and a portion of the contents of the bowel had escaped into the cavity of the belly—I observed approaching symptoms of mortification, a dark colour from the inflammation—the cause of death was inflammation produced by this wound, the contents of the bowel escaping—the liver, stomach, and every thing else was healthy.
Cross-examined. Q. To what depth from the surface of the body must the weapon have penetrated? A. At least an inch and a half, or more perhaps—little or no effusion of blood had taken place—there was merely a small portion of the fat which was underneath the skin, loose or nearly detached—I found no effusion of blood at the time—it is possible that the blade may have gone an inch and a half into his body, and no effusion of blood to take place—it is possible that the blade would wipe itself in withdrawing it—the deceased appeared to be about thirty years of age—in all other respects he was in very good health.
JESSE JEAPES re-examined by MR. ADOLPHUS. I saw the prisoner once before the accident, smoking his pipe—I did not see him pull off his clothes, and put them on a post in the street—I was not present when he did such a thing.
Witnesses for the Defence.
WILLIAM HENRY ROTTON . I live at No. 4, Bentinck-street, Soho—the prisoner lodged with me five weeks prior to this fatal event, and lived with me, twelve or fourteen months before that time, for twelve months—I knew nothing of the deceased. On the evening of the 20th of Sept. the prisoner opened my parlour-door, came in, and began telling a story about a friend of his who was in the habit of coming to see him, and some other Germans that
lodged in the house twelve months before—he described the man, and made me understand that he had lost his finger—he being a foreigner, I had a difficulty to understand him, and I believe he had a difficulty to understand me—at that time he had nothing on but a shirt and a pair of trowsers—I said, "Mr. William, you have not got your shoes on"—I am married, and have a wife and children about—he said his feet were sore—he remained in the parlour for some considerable time, and I believe I got up and went out into the passage, for the sake of getting rid of him—he followed me, and went up stairs—his look was extremely strange and vacant—he had a mad look, as if he was not in his right mind—I got rid of him as soon as I could—he went up stairs into his own room—he came into the room again about eight the same evening, I should think—I cannot say whether he had his shoes on or not—I do not remember—he soon went up stairs, and I saw no more of him till Sunday morning—he was then dressed, in his own room—he said he wanted a white pocket-handkerchief, he wanted to go to church—my wife furnished him with the handkerchief, and I saw no more of him that day, not the whole of that week, till Saturday, but I heard of him as I came down to my dinner—I took a resolution to go to the parish, and endeavour to get him removed, as we did not consider him to be in a fit state of mind to be at large.
MR. RYLAND. Q. What day of the week was the 21st of Sept.? A. Wednesday—the next day I saw him was on the following Sunday, when he wanted a handkerchief to go to church with—I did not think that a great proof of madness—I did not see him again till about eight o'clock on the Saturday evening that this affair took place—he came down and asked fort candle—it was given him—I was not in the habit of furnishing him with candles, but if he came and asked for one, I never refused-—I did not think that very extraordinary—I was very glad to see him—he was quiet and rational then—he had his candle, went to his room, and I saw no more of him till he was brought back, about half-past ten or a quarter to eleven at night, by the policeman—I had charge from the policeman to take cart of him—it was seven o'clock when he asked for the candle—I saw nothing of him between seven and half-past ten—I heard of him through the medium of Mr. Keim, the deceased, but knew nothing of what he was doing between seven and a quarter to eleven—when the policeman brought him, he asked me if I thought the man was in a right state of mind—he came into my parlour, and said I had better go to the inspector, and hear what he had to say; accordingly I went to the inspector—he told me the man was brought in, and there was no charge against him—I said "I do not think he is in his right mind"—the inspector said he thought the same; but he said, "You can do nothing in it but get a doctor's certificate with regard to the state of his mind, and then if he is not of sound mind, the parish will relieve you"—I came back to take charge of him, and thought the best thing was to appear cheerful—I met him, and asked him to take supper, bread and cheese and beer—he did not take anything but a glass of water—the policeman left him in my charge—five or ten minutes after, he asked for a candle, as I supposed to go to bed—he went across the yard to the water-closet—he had not been out of the room three minutes before a gentleman came and said, "Is William at home?"—I said he was—he came into the parlour, and told me he had stabbed Mr. Keim—I said "What am I to do? he is left in my charge"—he said, "You must get him into custody"—I said, "I should be very happy to do so"—he said, "Let in the policeman at the door, or he will stab you or some of your family"—I let the policeman come in—I said, "He is gone across the yard, we had better wait till he comes out of the water-closet"—we went, and heard a groan, and something fall, and found him as the policeman has described—I
apprehended some rash act from his manner when the policeman brought him in—he took the candle to go to bed, and went across the yard, and then the parties came in, so that he was scarcely left alone—I do not mean that from his manner and conduct I apprehended something horrible would happen, but I considered that he was not in his right mind—I did not consider him in a fit state to be left alone—I certainly let him go across the yard.
MR. ADOLPHUS. Q. Did you ever accompany a man to the necessary in your life? A. No—I did not know Mr. Keim—he came that evening to speak to the prisoner—I do not think there was any ill words or malice between them then.
NICHOLAS DHERRY . I am a boot-maker, and live in the Quadrant. I have known the prisoner four or five years—he has worked for me lately—I always found him of very weak mind—every person in my place, the girls particularly, joked him and laughed at him, but I never noticed him much till very lately—I have remarked him worse than before, more weak, more a fool, more insane—the last time he came into my place for work there was a little difference between us—I gave him three pairs of boots, but only found two pairs on his book—I asked him in what way the others went, and he said he would bring them—I said I should inquire about it—he asked if I fancied he had stolen them—I said, "I don't know, but I must know it"—then he began to be angry, end very fidgetty and impudent with me—we then had a little quarrel, and I told him to go and leave my place, we were about level in expense, and I should not see him for some time, as he had borrowed of me too much—he went, but not very quickly—I said, "You had better go, or I shall make you"—he was very impudent, and said, "I shall pay you out for that, and kill you very likely"—I did not consider then that he was out of his mind—only what I found since—I could not understand what was the matter with him—I do not know of any jokes his fellow-journeymen used to play upon him, only about a girl—I heard about his fancying himself a fine gentleman, calling for a bottle of wine, and paying a sovereign for it—I never saw him pay it, but I heard several jokes of that kind—I never saw him dress himself up, and say he was Napoleon—I spoke to him lately about a hospital, because he told me he was ill, and I said, "If you are really ill, you must find some place or hospital"—he had a very singular discourse with me about Prince Albert and different things, and the son of a prince—that was three weeks, perhaps, before this—he did not tell me he was Napoleon—this is a shoemaker's knife, such as a man in his situation would naturally have about him.
MR. RYLAND. Q. Do you say it was about three weeks ago that he fancied himself Prince Albert, or talked something about him? A. Three weeks before this happened—it was after he had the explanation with me—I had this quarrel with him perhaps ten days before the 30th, when Mr. Keim came by his death—I had seen him after the quarrel—I laughed about him, and told him to go—I said, "I do not care about you, you are a coward, mind yourself, and do not come here like this again"—he came in three or four days after—I was in my shop, and when I saw him in the parlour, I looked at him very seriously, and asked him what he had come in for—he did not give me any answer—I began to look more sharp, and he passed between me and my sister, who was on the opposite side at the time—he went close by her—he said nothing at all, but my sister began to laugh with him, and said, "What! it is my sweetheart, have you something else?"—she began to joke with him, and said, "Have you anything else the matter with you?"—he made no answer, but took a knife of this kind out of his pocket, went close to my sister, and asked what she would say if he
stabbed her, or something of that kind—I did not understand precisely—he said, "Say more," or "Don't say anything more, my sweetheart," or something of that kind—I came close to him, looked sharp, and said, "You must put it into your pocket, or put it down"—he eventually put the knife again into his pocket—I turned round to see if there was anything with which to arm myself to make him put the knife down, and saw nothing but a chair—I went into the parlour to find some poker to speak to him more sharp, and in a second or two when I came back he was gone—I saw him going into the street—several persons from my place were there—that was the last I saw of him till I heard of this—he was not at all sweet on my sister, nor she on him, but my sister used to speak to him in that manner, and it was so with every girl he was acquainted with.
BARTHOLOMEW MAURITIUS (through an interpreter.) The prisoner and I lodged together for fire weeks—he lodged with me till he stabbed the man—before he came to lodge with me, his brother told me that I should be careful of him—the prisoner and I slept in one bed—about a fortnight before Keim was stabbed, he got up in the night, between two and four o'clock, and said he must go to church—it was not a Sunday, but a week-day—three days before Keim died, the prisoner borrowed a large stone bottle of me, which would contain six or eight pints—he brought six pennyworth of gin with him in the bottle—he had, at that time, a small bottle which he might have used, which would have contained double the quantity which he brought home—he used to lay very unquiet in bed—on one occasion he lay with his head at the foot of the bed, and his feet about four feet above the pillow—I never observed him go out without his boots on—I considered him wrong in his head.
HENRY ALFRED DAVIS . My father keeps the Blue Posts in Berwick-street. About a week before Keim's death, the prisoner came to our house, brought a gallon bottle, and ordered a quartern of gin in it—I served him—he took it away—he did not appear anything extraordinary—I did not know him before.
—Smith. About half-past two o'clock on Sunday afternoon, the 24th of Sept., the prisoner called at my place, with a stone bottle in his hand, I should say about a gallon bottle—he asked me to drink—I said, "You have been at Broad-street; I don't like that sort of drink"—(there is a pump in Broad-street)—he said, "No, it is very good,"—he took a wine-glass out of his pocket, and poured but half a glass—I tasted it with him, it was gin—there was not above a glass more in the bottle—he poured the contents out, and drank it himself—I had known him about twelve months—I consider him a person not of sound senses—I thought he looked very strange—he never spoke to me before, to my knowledge, although I knew him some time—I thought he was not in his sound mind.
GUILTY . Aged 28.— DEATH .
Second Jury, before Mr. Recorder.
JOHN COULSON . I live in Nelson-street, City-road, and am constable of St. Luke's. I have a certificate of marriage, which I compared with the parish register, in the vestry of St. Mary's, Islington, in the presence of the parish clerk, who is not here—the certificate is correct—I read it over, and examined it with the book minutely—I have another certificate, which I compared with the register at St. James's, Clerkenwell, produced by the parish clerk, in the vestry of the parish church—it is correct—I examined it minutely—I got both certificates from Garner, the beadle of St. Luke's.
Oct. I apprehended the prisoner, on a warrant, for neglecting to pay money for his wife—I told him I was going to take him to Worship-street, to answer for neglecting to contribute to the maintenance of his wife—he had paid nothing for twelve months—I told him I understood he was married again—he said, "That is perfectly true, and here is the certificate of my second marriage," handing me the one from Islington—I have examined that with the register, and found it correct—he said he was very uncomfortable about it, and should like to have it settled, and said, "Mind, I surrender to you on the charge of bigamy"—I said, "Then, where does she live, your second wife?"—he said, "I will not tell you till I get to the office; she lives very near there, and then you can send for her"—when we got there, be refused to do so—we had to find her out—I saw the prisoner sign his name to this at the office, and know this to be the Magistrate's handwriting—(read—"The prisoner says, 'I admit I was married to my wife about eight years ago, at St. James's, Clerkenwell, and she is now present in this police court'")—his wife's name is Catherine Sarah Nye—she was before the Magistrate, and is present now—this certificate was given to me by her—I gave it to Coulson.
Cross-examined by MR. PAYNE. Q. Was not the payment to be for a child? A. I know nothing of a child—I understood there was one—the money was to be paid weekly—the prisoner would be about fifteen or sixteen years old, eight years ago—I called his mother to prove the first marriage—it was to save her appearing that he said he would admit the first marriage—I believe his first wife lived only five or six months with him.
MART SYKES . I was married at Islington church to the prisoner on the 15th of March, 1841—I was twenty-one years old in the October previous, and living with my friends—nobody was present but the clerk and the clergyman—we lived together till he was apprehended—this it not my prosecution—I have one child.
Cross-examined. Q. Has he behaved kindly to you? A. Yes, as a husband ought to do—I understood him to be twenty-five years old.
(The certificates stated that George Nye was married to Catherine Sarah Bone, on the 22nd of November, 1835, at St. James's, Clerkenwell; and to Mary Sykes, at St. Mary, Islington, on the 15th of March, 1841.)
(The prisoner received a good character.)
GUILTY.—Recommended to mercy. — Confined Two Months.
MR. DOANE conducted the Prosecution.
JESSE LAWRENCE (police-constable N 39.) On Saturday night, the 24th of Sept., I was on duty in Lower-road, Islington, about half-past twelve o'clock, just opposite the Golden Fleece—I found a great crowd creating a great disturbance, and using ill and threatening language—I endeavoured to disperse them, and persuade them to go away quietly—I saw Marsh, another officer, there—he was also persuading them to go away—while I was engaged in this, one of the crowd struck me across the arm—I seized him by the collar, and struggled with him—he tried to get away—the mob interfered, and got between us, and tried to loose him from me—my hat fell off in the scuffle—I called to Marsh for assistance—he was kept back by some part of the mob—I saw the prisoner, who I knew before, about three yards from me, opposite the Golden Fleece, standing just by the corner or edge of the curb—when I looked round to call Marsh, I saw him stoop down and pick up a stone, and throw it at me—it wounded me on the head—there were
some broken granite stones laying in the road—the blow made me giddv at first—it knocked me down on the ground—I lost my hold of the man, and pointed the prisoner out to Marsh, who collared him—he was very violent indeed—he struck Marsh—I afterwards took hold of the other side of him—he struck and kicked me several times—Kelly afterwards came up—his companions rushed on me—I succeeded in getting him to the station at last—I was taken to Mr. Semple, the surgeon, and have been under his care ever since—the stone was thrown straight at me, purposely to hit me—it was a sharp stone, nearly as big as my fist.
Cross-examined by MR. HORRY. Q. Were not the mob coming out of the Fleece? A. Yes—forty or fifty men and women—they were making a great noise—I saw the prisoner among them when I first got there—they surrounded me at first—I was trying to take the man along—the mob were all on one side, not round me, when the stone was thrown, keeping Marsh back from me—I dragged the man two or three yards, and the mob got hold of him—they did not surround me after I got hold of him—there was a clear space between me and the Golden Fleece door—the prisoner was standing opposite the door, not among the people—at the time Marsh came up I had not hold of the man—I was laying on the ground, bleeding—my bed was exposed when the stone was thrown—I was not trying to recover my hat at the time—I was not on the ground when I was struck—I was not knocked down, except with the stone—I was struck on the side that was towards the door of the Fleece—the prisoner was not among the mob—he stood between me and the Fleece—the space between me and the Fleece was quite clear—I swear I never fell down with the man I had in custody-nor did he make me stoop—he could not get me down—I did not dose with him, only had hold of his arm—it was not at that moment I received the blow with the stone—it was about a minute afterwards—I will swear it was not while struggling with him, that my hat fell off, and the blow came on my head—I had not hold of the man at the time the stone struck my head—they were just releasing the man from me at the time I received the blow—I had got hold of him with one hand—I could not get nearer to him than arm's length—they were dragging him away—I knew several of the mob by sight—I have seen some of them since—I could identify them as the persons who had hold of the prisoner—no one came up to offer me any assistance—I will swear that—I did not see whether the prisoner was bleeding or not, as we went to the station, I bled so freely myself—I was knocked and kicked several times after I received the blow.
MR. DOANE. Q. If I understand you rightly, there was a clear space between you and the door of the Fleece? A. Yes—the prisoner was the only person between me and the door—I am quite sure he is the man that threw the stone.
HENRY MARSH (police-constable N 70.) I was on duty in the Lower-road, on the day in question—I observed the crowd of people—they were noisy and disorderly, using very bad language—I endeavoured to persuade then to go home quietly—they refused to go—the prisoner was one—I afterwards saw Lawrence struggling with one of them—they were both down—the mob was all on him taking him from him—I went as soon as I could, but they bad rescued the prisoner before I could get to him, the mob holding me back—I found him down—I did not see the stone thrown—I only found him down on the ground—the blood was pouring from his head—I took hold of him, and tried to prevail on him to go to the station—he wiped the blood on his face, and when he could see he pointed the prisoner out as the man—I im-mediately took him into custody—he showed every resistance he possibly
could—he kicked me several times—the mob Interfered, bat at last we got him to the station.
Cross-examined. Q. Did the prisoner deny he had hurt Lawrence? A. He did—I was the first constable in the mob, trying to prevail on them to go home—the prisoner was very violent in going to the station—he kicked me several times after he struck me.
JOHN KELLY (police-constable N 360.) I came up to the assistance of Lawrence and Marsh to secure the prisoner—he was very violent indeed, and as we went along he said, so help him Christ, he would mark me directly he got released, he would serve me the same as he did Lawrence, naming him.
Cross-examined. Q. Did you ever use the words, "So help him Christ," before to-day? A. Yes—I had him in custody at the time—he said it about 200 yards from the station, as we went along—Marsh also had hold of him—it was in going to the station thai he kicked Marsh—he made use of this expression several times, before, and after he kicked Marsh.
ROBERT HENRY SEMPLE . I am a surgeon, and live in Sebbon's-buildings, Islington. On this Sunday morning, about half-past twelve o'clock, I examined Lawrence's head—I found a wound on the right-hand side of the forehead, about three quarters of an inch long, and half an inch deep—I probed the wound, and found it penetrated to the skull, which was denuded of the pericranium, and I detected a fracture or fissure of the skull—it may bare been occasioned by a sharp stone—it must have been thrown with con-liderable violence to break the skull—it was a dangerous wound—he has been off duty until this time, and under my treatment—his health is not quite established.
COURT. Q. Is it likely to be a permanent injury? A. I should say not—he has been subject to violent attacks of giddiness since—it is impossible to say whether that will return—it sometimes re-appears—the day after, he was labouring under symptoms of inflammation of the brain—we bled him profusely, and he recovered.
MR. HORRY called
WILLIAM HART . I am a bricklayer, and live in Adelaide-square, Lower-road, Islington. I know James Thompson—he was here this evening, but has gone home—on Saturday night, the 23xd of Sept., I was standing opposite the Golden Fleece, at the corner of Queen-street, bidding a friend "Good night," and saw a number of men and women standing in the middle of Queen-street, near the Golden Fleece—I saw Lawrence—he told me to go on—I told him I was going—I saw him take hold of a young man, and shove him down—there were two policemen there—I am sure it was Lawrence that shoved the young man down—he got up again, and hit Lawrence, who caught hold of Jim—they struggled, and both went off the path into the road together, and Je knelt on the young man—his hat fell off by railing down—he caught hold of the young man's handkerchief, and nearly strangled him—I saw a woman throw a stone—she was standing on the left-hand side of him in the crowd—I saw the prisoner there—I knew him before—he was standing close against me at the top of Queen-street, five or six yards from the crowd—we were both clear out of the crowd—he was rather nearer to Lawrence than me—he stood just before me, and was about three yards from him—the woman was on the other side of Lawrence—I can swear that the prisoner did not heave any stone, or raise his hand—no sooner did Lawrence rise up, and find his head bleeding, than he turned round and seized hold of the nearest to him, which was the prisoner, drew out his staff, and knocked him down senseless—I went to the station with him, to take his jacket, which he had pulled off
as it was all over blood, but they would not let me in, but told me to take it home to his mother, which I did—I know Pizey, William Bond, and Burcheval—they are not here now—they have been waiting here five days.
Cross-examined by MR. DOANE. Q. Who do you work for? A. Mr. Barlow, who is a master-builder, and also keeps the Middleton Arras public-house, Kingsland-road—I have known the prisoner several years—I was not drinking in the Golden Fleece that night—this occurred about a quarter past twelve o'clock—I had occasion to go down the Lower-road, and was bidding Burcheval good night—I could plainly see the woman throw the stone—there was a lamp clove by—the policeman was on the ground when she threw it, stuggling with the man—I am sure Lawrence was the first to collar the prisoner.
JESSE LAWRENCE re-examined. I do not know the name of the man Ifirst captured—I knew him by sight—he was first released from me—at the time I was hit with the stone my eyes were directed towards the prisoner.
GUILTY of an Assault. Aged 22.— Confined Eighteen Month.
JOSHUA JACKSON . I am a law-student, and live in Edward-terrace, Caledonian-road, Islington. On the 27th of Oct., about half-past three o'clock in the afternoon, I was in Gray's Inn-lane—there was a crowd looking at a stocking-weaving machine—I turned to look, and felt some person lifting my coat-tail, and taking something out of my coat-pocket—I turned round very suddenly, and the prisoner was behind me—my coat-tail came down, and I saw my handkerchifef taken from my pocket—he was going across the road with it—I ran and took it from him.
Prisoner. It was not found in my possession, he picked it up in the road. Witness. No, I took it from him as he was trying to put it under his coat, and gave him in charge.
(Property produced and sworn to.)
GUILTY . Aged 19.— Confined One Year.
OLD COURT, Friday, Oct. 27th, 1843.
First Jury, before Mr. Justice Maule.
2895. PEDRO DE ZULUETA, the younger, was indicted (with Thomas Jennings and Thomas Bernardos, not in custody), for that they did illegally and feloniously man, navigate, equip, dispatch, use, and employ, a certain ship called the Augusta, at London, to accomplish a certain unlawful object, i. e. to deal and trade in slaves.—Another Count, for shipping on board the said vessel certain goods, to be employed in accomplishing the said object.—'Other COUNTS varying the manner of stating the charge.
conducted the Prosecution.
MR. JOSEPH GURNEY . I attended as short-hand writer before a Committee of the House of Commons. The evidence of Mr. Zulueta in the book now produced is printed from my short-hand notes, and is correct.
CAPTAIN HENRY WORSLEY HILL, R. N . I commanded the ship Saracen, on the coast of Africa, from about October, 1837, to June, 1841—I was engaged there for the protection of British commerce and the prevention of the slave-trade—she was a man-of-war—I became acquainted with the river Gallinas
in the course of that service—it it necessary to go round a large coast of shod), which makes it 150 or 200 miles from Sierra Leone; but there is a shorter course for smaller vessels, it depends much on the draft of water—on the river Gallinas there are several small towns—the inhabitants are negroes, blacks—the European population are chiefly Spaniards—when I first became acquainted with the Oallinas there were barracoons there—it was on my station from December, 1838, till May, 1841—I had sailed there in 1897, but did not land there—I knew there were barracoons there for years, and the slave-trade was exclusively carried on there—I afterwards landed, and became acquainted with the establishments there—the barracoons are now destroyed by an arrangement made by Captain Denman—I was present when they were destroyed, and saw the whole slave establishment destroyed—there were six or seven—the first time I was on shore there, and saw the barracoons, was in Nov. 1840—I was cruizing off there two years, for the prevention of the slave-trade, but had no personal inspection or knowledge of them till November, 1840—the barracoons are places for warehousing the slaves till they are exported—I made the plan now produced—the river has never been surveyed—this gives a general view of the river, and the barracoons before they were destroyed on it, to the best of my ability—the first place we landed at was Dombacoro—the barracoons are extensive buildings of themselves, and the buildings for people to live in, to attend the slaves, are numerous—there may be fifty buildings, I suppose, in Dombacoro alone, for the people to live in—each barracoon has a group of buildings round it for stores, and the barracoons themselves are places to contain 500 or 600 slaves—Tiendo, immediately be end the slave establishment, is a native town—the slave establishment is towards the point—at Jacria I saw nothing but slave establishments—Carmasuro is a slave establishment—I saw nothing but slave establishments—at Carmetiendo the same—there is another slave establishment at Paisly, and at two other islands are some small slave establishments.
Q. Do you know of any other trade or commerce carried on there except the slave-trade? A. None whatever—I was at the whole of the slave establishments I have mentioned, went over them all before they were destroyed, and saw nothing but the slave-trade—if there had been any commerce carried on I must have known it—a merchant named Ignatio Rolo was on board the Sara-cen for near two days—Captain Denman had taken a slave-ship, and he was taken—I never saw him buy or sell a slave; but as far as I know a grocer's trade, I should certainly say, he was wholly and solely a slave dealer—he resided at Jacria, a slave establishment—I went all over his stores, and every thing; there was po sign of anything there but the slave-trade—I never saw him there—I did not see him in any occupation—it must have been in November that I saw him, a day or two previous to our going into the Gallinas to make some arrangements with the chiefs—there is no establishment there called by his name—Jacria is the establishment there—he came on board the slave vessel, and was detained by the prize-officer—he is a Spaniard, to the best of my belief—I was not personally acquainted with a merchant named Alvarez—I knew Don Ximinez there, and have seen him at Sierra Leone as well—we fell in with a vessel called the Golupchick, several times, and chased her, we finally succeeded in taking her, in April, 1839—she was sailing under Russian colours—a man named Thomas Bernardos was commander of the vessel at that time—the crew were chiefly Spaniards—there might have been one or two Portuguese—she was equipped for the slave-trade, there was no doubt of it in my eyes—she had more water-casks than were necessary for an ordinary or fair trader—they are large vessels called leagers—any vessel may have leagers on board, but she had a larger quantity than was necessary for a merchant vessel, considerably larger, and that is one of the
fittings of a vessel engaged in the slave-trade, and are forbidden articles, prohibited to be used by foreign powers—she had a sliding cabouse, which held a very large copper—that is another article which is also prohibited—the hatches were covered over with temporary planks—there were some other trifling things quite sufficient, according to our treaties with foreign powers, to authorize me to seize her, as a vessel equipped for the slave-trade, had she been under the Spanish flag—I seized her, believing her to be Spanish, although sailing under the Russian flag, but it did not appear by the papers that she had been in a Russian port—I sent her to Sierra Leone, and tried to prosecute her in the British and Spanish mixed Commission Court, as a Spanish vessel, but she was not received into Court, being under the Russian flag, and with Russian papers—I then determined to send her to England, that the Lords of the Admiralty might dispose of her as they thought proper, because I felt fully satisfied she could not be a Russian vessel—I sent her to England to be condemned as a slaver—Bernardos went in her to England, but previous to sending her to England I tried her a second time, in the mixed Commission of Sierra Leone—in February, 1841, I again saw that same vessel at anchor at the Gallinas—she anchored at I went on board of her—she wns then named the Augusta, and was under the English flag—I am perfectly satisfied it was the same vessel I had captured before—I found a man named Jennings in command of the vessel at that time—I asked for the ship's papers directly I went on board, and got them—it is my duty to demand the papers, and I received them on demanding them—I received other papers afterwards—after receiving the ship's papers in the first instance I returned them to Jennings; and on his refusing to answer a question which he was bound to answer me, as commanding a British man-of-war, I insisted on detaining the vessel till that question was answered—I afterwards received a packet of papers from Jennings—I took them on board my own vessel, on purpose to read them—I left an officer in charge of the vessel—I detained the vessel—she was afterwards taken to Sierra Leone—I prosecuted her there, and she was afterwards condemned in the Vice-Admiralty Court—I have seen nothing of the vessel since.
Cross-examined by MR. KELLY. Q. I think you say, that although you were for some two or three years cruising on the coast of Africa, it was not till Nov. 1840, that you landed at the Gallinas? A. I landed on an island in the river, for about half an hour previous to that—with that exception, I had not landed at the Gallinas—there are several villages up the river Gallinas inhabited by natives—the river Gallinas extends some distance into the interior, at least 1 believe so—I have been up it perhaps ten or a dozen miles, and there is a native village called Mina, another called Tardia, and another called Tiendo—I have been up it at least twelve miles—I cannot say whether the river is navigable farther up than I went, I should think not from the appearance of it, except for canoes—I cannot say that the people could pass considerably higher up—I did not see canoes higher up than where I went, nor could I see far up, as rivers are always very winding—as high as I went it was navigable for canoes, but I never saw canoes there—I was on this coast for the protection of British commerce, and for the prevention of the slave-trade—that commerce consisted, among other things, in the exportation of the merchandise of Britain to various places on the coast of Africa—I know that British merchandize, in British and other vessels, is exported to a very considerable extant to various parts of the coast of Africa.
Q. Do you not know that British merchandize, to a very considerable extent, is from time to time exported to the Gallinas in a lawful manner? A. I have known English vessels arrive at the Gallinas, and part with a little of their cargo—I have never known an instance, before the Augusta, of an English
vessel arriving at Gallinas consigned to deliver her cargo—I have known one English vessels dispose of part of their cargo at the Galiinas, but I do not know of its being for a lawful purpose; because I am fully satisfied that from the Gallinas there is no export but slaves, therefore I cannot think it was lawful—I have known British vessels sell part of their cargo, but I doubt whether it was for lawful purposes, because there was no produce in exchange for it—I never knew of ivory or palm oil being exported from the Gallinas—I am only speaking of the period of my knowing the Gallinas—I hare never known British produce or mechandize landed there, without doubting the legality of its purpose, because there was no produce to give in exchange, no produce to be met with.
Q. In your judgment was there anything illegal in the landing of British produce, for the use either of the native chiefs or inhabitants of the towns or villages you speak of? A. That is a question which I cannot presume to answer—I seized this vessel because I considered her trade to be illegal—I have seen a vessel called the Gil Blas—I think she landed goods at the Gallinas—if that is the vessel I mean, she was commanded by a man named Sargeant; at least I think he landed some goods there—I did not see him—he gave me to understand that he did, and received something in exchange—I think the Gil Blas was there while my vessel was there—I did not think it necessary to seise the Gil Bias—I heard from the man who commanded her, that goods were landed there—I was not present when he sold them, nor do I know to whom he delivered them; but he gave me to understand he had sold those goods to Pedro Blanco—Sergeant brought off to me from Pedro Blanco a dozen fowls and a sheep, which I was very glad of—I had never seen Pedro Blanco in my life—I had had no fresh provisions for some little time, and he gave me to understand the dozen capons had come from Marseilles, in a vessel Wnieh had that morning tailed with slaves—I cannot remember how long the Gil Blas was off the Gallinas—it might have been a day or two—I do not know of any other vessels that landed goods there, which I never thought of seising—I do not remember ever seeing the Star there—I do not remember the name—I do not remember a vessel called the L'Inferna—I think I remember the name of the Milford—uhe did not, to my knowledge, land goods to a very large amount at Gallinas—I do not remember the Sublime—I was on a cruising visit—my station was extensive—I was a good deal at the Gallinas, because it was a noted slave place—I sometimes remained at anchor there two or three days together, and sometimes my doty would call me away for two or three months together—it is impossible for me to say what goods were landed there—I can only guess at the population of the villages—I should say that Tiendo there might, perhaps have been 800 or 900, at Tardia 200, and Mina 700 or 800, but it is only guess, from casually visiting there—there is another native town further down the river, the name of which I do not know—I only saw it—it was not thickly populated, by any means.
Q. As far as you could judge, is not British commerce to the coast of Africa exceedingly serviceable to the natives? A. That depends on which way it is to be taken—if British commerce is to be employed in the slave-trade, I doubt its being serviceable to the natives—my station extended from Portandicque down to Madagascar—undoubtedly British commerce must be of great benefit to Africa.
Q. Within your own experience on the coast of Africa, is not a lawful trade carried on to a considerable extent by the same persons who likewise carry on the slave-trade? A. I have not seen those persons trading, and therefore I cannot say—I do not hesitate in saying that I believe, in many Places on the coast of Africa, the same trade is carried on by the same persons,
both the slave-trade and exchange of the produce of the coontry, but I do not believe that to be the caw at the Gallinas—I do not think at the Gallinas there is any trade but the slave-trade—speaking from heartsay, I should say that, at many places on the coast, a lawful trade and the slave-trade is carried on by the same persons; but, at the Gallinas, I am as confident there was not, as it is possible to be from my experience of the place for a long time, from being on the spot—I have been a great deal off Gallinas, and during that period I saw no other trade, nor the sign of any other trade, than the slave-trade—I state that from my knowledge derived from my personal presence at Gallinas—officers in my situation are entitled to a share in the value of the vessel seized, if condemned—supposing a vessel and carge to be of the value of 10,000l., condemned in the Vice-Admiralty Court, half the proceeds would go to the Crown, and the other half would be divided among the captors, after all the expenses were paid, of which the admiral gets one-tenth, and the captain gets one-eighth of the remainder—I think that is it, to the best of my knowledge—if the vessel be condemned in the mixed commission, I believe it is nearly the same, but half goes to the nation under whose flag she is sailing—a mixed commission court is a commission composed of commissioners of two or various nations, to determine cases of foreign vessels—the Act of Parliament authorises us to seize Portuguese vessels, and prosecute them in the Vice-Admiralty Court—I do not know exactly how the proceeds were to be divided—the mixed commission decides on Spanish or Portuguese vessels, and the British Vice-Admiralty Court decides on vessels sailing under British colours—I do not remember having ever seen a Spunk vessel with a British captain—when I first seized the vessel under the name of the Golupchick, she was not in every respect fitted up for the slave-trade—I do not think she had a slave deck—she was in many respects fitted up for the slave-trade, and that led me to seise her—I sent her to England, and know nothing more of her—I heard nothing from the Admiralty about her—when she bore the name of the Augusta, and I seized her from Jennings, she was certainly not, in my opinion, fitted up for the slave-trade—I did not seize her for that the second time—I seized her for her trade—I saw nothing I do not know what might have been under her cargo—I was on the coast of Africa from Oct. 1837 till June 1841, and from Dec. 1838 until April or May 1841 Gallinas was within my station in the first instance—I had charge of a station, during that period, from Admiral Camphell, extending from Cape Palmas up to Cape de Verde Islands, and then there was another senior officer, Captain Denman, appointed—the extent of coast over which my duty extended varied according to the orders I received—from Oct. 1837 till Dec. 1838 I was on the coast, at different parts, from Sierra Leone as far as Madagascar, but from Dec. 1838 till I left the coast of Africa in May or June 1841 it was confined to the coast between Cape Palmas, Portandique, and the De Verde Islands—I was up at Portandique for a month—my duty extended over about 1000 miles, I suppose—the sort of British commerce exported to Africa during that period was gunpowder, muskets, brandy, tobacco, and cotton goods—I do not think it is possible to distinguish articles for the slave-trade and articles for British commerce, at least I do not know how to distinguish them.
COURT. Q. The articles sent in both instances, I suppose, are articles welcome to African consumers? A. Yes—I am speaking of the west coast only—I do not think it is possible to distinguish—whether it is paid for in slaves or in palm-oil, the same things are welcome in the same place.
MR. KELLY. Q. With regard to these article, when exported to various parts of Africa, sometimes is the return-made in dowbloons or money, sometimes,
in ivory dyewood, palm-oil, and other commodities producable in Africa? A. When goods are landed, and doubloons are obtained, the chances are a hundred to one but the doubloon come from the Spaniards, and I never knew a Spaniard engaged on the coast of Africa except in the alave-trade—when you get produce in exchange, it is certainly more likely to be got from the natives, and it is a fair exchange—I think I knew bat of one spiniard who got produce in exchange for merchandise; at least, I do not know whether he is a Spaniard or not—his name was Canot—I think he exported palm-oil as well as alaves, but he told me he was agent of Pedro Blanco—I never saw any of the house of Zulueta and Co. in the course of my travels on the coast of Africa, to the best of my recollection—I know neither of them personally—I saw Mr. Zulueta for the first time before the Committee of the Privy Council.
MR. SEROEAKT TALFOURD . Q. You were asked whether you saw any litre fittings on board the Augusta when you captured her, and you say none; did you examine any of the cargo? A. No—when I first saw the vessel, the hatches were grated, and I think when I seized her the second time she had new hatches, and no grating at all—I saw nothing to induce me to believe that she had slave fittings when I seiced her as the Augusta—I examined her so far as going down into the hold, but I did not disturb the cargo—I do not know what might have been under the cargo—there might bare been many things—I did not find any ledgers.
COURT. Q. Are you able to say whether she was or was not fitted to carry slaves? A. Had she been equipped for the slave-trade I should have seixed her at once, but she was not, in my idea, and to the best of my belief.
MR. SEBGBANT TALFOURD . Q. Not for taking slaves on board? A. She had not what we consider slave equipments, leagers, hatches, open gratings, irons, and coppers—I saw none of those things—the first time I want on board the vessel I was on board perhaps two hours—the next day I might have been as long perhaps—I might have gone on board three or four times.
Q. I suppose they might get the equipments if they came into the port and discharged their cargo? A. In many places—if the residents at Gallinas expected a slave vessel to come out without slave equipments, they might take care to procure them by other vessels, and might have them perfectly ready—slave equipments are very soon put on board, in an hoar or two—it would take a very short time to put on board slave equipments for a vessel of the size of the Augusta—they might send off their water-casks filled with water in two three, or four canoes, and they would be all on board; and if they do not choose to lay a slave deck, they put mats over the casks, and put the slaves under these mats, and they might embark five hundred slaves In two hours afterwards, and be under weigh and be off—I believe the proceeds of the Augusta amounted to somewhere about 3800l.—half of that would go to the Crown—I have not got a sixpence.
COURT. Q. You would get one eighth of the sixteenth? A. I am afraid there is some 300l. to come out of it for the expenses of the Privy Council Committee.
Captain HILL re-examined. This letter is one I found on board the Augusta, here is my handwriting on it—this is another, and is in the same state in which I found it on board the Augusta, with the signature cut out—(looking at two Papers numbered 11 and 12, produced by Mr. Brown)—these two papers I also found—this is the charter party.
Cross-examined by MR. KELLY. Q. You say these papers you found on board the vessel?
A. They were the papers given me by the master on board the vessel—I did not find them by searching—I put a number on them.
ALBINO DE PINNA (looking at a letter dated 26th Sept., 1840.) I presume the postscript to this letter, to be the handwriting of Mr. Zulueta, the prisoner's father—this dated 20th Aug., looks like the handwriting of Mr. Zulueta, the son (the prisoner)—I believe it to be his—I believe the signature to this charter party to be the prisoner's—the other I do not know—I do not know the writing of the body of the first letter.
Cross-examined by MR. KELLY. Q. I believe you are notary to the Spanish Consulate? A. I am—I have known the house of Zulueta and Co. some years—the prisoner and the rest of the firm maintained the highest character for integrity and propriety of conduct—as far as my knowledge goes, I should say it was perfectly impossible for the house of Zulueta and Co. to be violators of the law—I have had business transactions with them—I know they were agenta for several houses in Spain, the Havannah, and other places, and have carried on business for many years to a very great extent—my impression is, the vessels under the Spanish flag cannot be commanded by English captains—I have been admitted a notary about twenty years—I am a native of this country, and acquired my knowledge of the Spanish language here—I have had a great deal to do with commercial transactions with Spain and Spanish merchants—my connexions are almost exclusively Spanish—I never knew a vessel under the Spanish flag commanded by an English captain.
MR. SERGEANT BOMPAS. Q. Who are the firm of Zulueta and Co.? A. The father, Don Pedro de Zulueta, and the son—I have no certain knowledge was the others are—I do not know whether the other son is a partner—I do not carry on any other business than a notary—I never did—I became acquainted with captains and shipping by having often to prepare various documents connected with shipping.
(The letters were read as follows)—"London, 20th Aug., 1840.—Sir, Is reply to your favour of yesterday, we have to say that we cannot exceed 500l. for the vessel in question, such as described in your letter, viz., that excepting the sails, the other differences are trifling from the inventory. If you cannot therefore succeed at those limits, we must give up the purchase, and you will please act accordingly.
"Capt. JENNINGS, Portsmouth."
"ZULUETA and Co.
"Capt. THOS. JENNINGS, Portsmouth.—London, Sept. 26,1810.—Dear Sir We have received your letter of yesterday, whereby we observe that the sun we have remitted you will not be sufficient to cover all expenses to clear the ship. We much regret you have omitted mentioning the sum you require which prevents our remitting you the same by this very post, thus causing a new delay in leaving that port, so contrary to our wishes. You will there fore write to us to-morrow, that we may receive your reply on Monday morning, informing us of the amount necessary to finish paying all your account and expenses, to remit you the same by Monday night's post, in order that you may be able to sail for Liverpool on Tuesday or Wednesday at the furthest. You must not omit stating the amount required; and, waiting you reply, we remain." (Signature cut out.) "According to our Liverpool-house notice, you will go to the Salthouse-dock."
(The charter-party was here read. It was dated 19th Oct., 1840, signed Thoe Jennings, and for Pedro Martinez of Havannah, Zulueta and Company, by which the Augusta, Thos. Jennings, master and owner, was chartered to load from the factors of Martinez and Co., a cargo of legal goods, therewith to proceed to Gallinas and deliver the same, after which to any legal voyage between the West Indies, Africa, or the United States; and specifying that the captain was indebted to the charterers in certain sums elsewhere acknowledged.)
GEORGE WHITE . I am clerk to Sir George Stephen—I served copies of this notice on Messrs. Zulueta, and on Messrs. Lawford and Co., and on Thomas Jennings—I either served them on the parties, or left them at the office.
cross-examined by MR. KELLY. Q. How came you employed in this matter? A. I happened to be at Sir George Stephen's office, and he asked me to serve them—I am clerk to a wine-merchant—I served one copy on the 20th of Oct. on Zulueta and Co.; on the 21st on Messrs. Lawford; and on the 23rd at Jennings' residence—the copy served on the 20th, on Zulueta and Co., was without date or signature—I had it from Sir George Stephen—he did not tell me why it was without signature—I served three other notices with signatures on the 26th of Oct., yesterday, the one at Zulueta's, about five o'clock, not on Mr. Zulueta himself, nor did I go to Mr. Lawford himself—I received them yesterday—I only served the one on Jennings.
MR. SERGEANT BOMPAS. Q. Was the name of Sir George Stephen on the first, although not signed? A. Yes—I served the second copy at the office of Lawford and Co., and Zulueta and Co.
(A letter was here read, produced by Mr. Zulueta's counsel, pursuant to notice, signed Thomas Jennings, dated" Portsmouth, 26th Sept. 1840," to Zulueta and Co., stating that the money they had remitted was not sufficient to clear the port, and requesting their advice by return of post at to whom he should draw upon.)
WILLIAM THOMAS . I am clerk to Glynn and Co., who are the bankers of Messrs. Zulueta. On 29th of Aug., 1840, 650l. was paid on their account, whether for a cheque or bill I cannot say—it might be a bill payable at out house—we return our cheques—I have a memorandum of the notes I paid on that day, with their numbers.
COURT. Q. The order on which you paid the money was returned to Zulueta and Co.? A. It was—there was a pass book between us and Zulueta and Co., in which all payments were entered, and this among the rest—that would not state whether it was a draft or bill—it would, of course, state the account on which it was paid, and with that, we sent back the draft, or order on which it was paid—I cannot tell when it was called for—it might have been the following day, or a week or fortnight afterwards—I should imagine Zulueta and Co. would have their book away very frequently—we returned the voucher in the pocket of the book—the payment was made on the 29th of Aug., 1840—they send or call for their book, I cannot say how frequently—it is not my department, therefore I really do not know—I should imagine they, had it returned frequently, from the general custom of merchants of their standing—the payment was entered in a book, which I believe was returned.
MR. SERGEANT BOMPAS. Q. Are either of your principals here? A. Not that I am aware of—I have nothing to do with giving up the books—I have no doubt that Zulueta had their book away frequently, but I do not know it myself—I should say they had it almost daily—I paid that 650l. on account of Zulueta and Co. on the 29th of Aug., 1840—the Nos. of the notes were 47194, 41674, 48204, dated Mar. 9th, 1840; No. 36020, dated 25th of May; a Liverpool Branch Bank of England note, No. 46243, dated 9th of Mar. and 38288, same date, all for 100l. each, and the 50l. note was No. 1364, dated 8th of Aug.
EMANUEL EMANUEL . I reside at Portsmouth. I know a vessel, called the Golupchick—she was sold by auction, and I purchased her for a friend, for 600l. and the auction expenses—I afterwards sold that vessel to Captain Bernardos and Captain Jennings, who came together to purchase her—I
cannot tell the day of the month, but I sold her the day I remitted the money, I think it was in June—I have a memorandum made by my clerk, of the Nos. of the notes I received.
MR. KELLY. Q. When was the memorandum made? A. The same day the letter was posted—it was sold, I think, the 1st of Sept.—they are entered as sent on that day—this is the only memorandum that was kept.
MR. SERGEANT BOMBAS. Q. What are the numbers? A. The numbers entered here are J. B. 48204, 47194, 46243, 41674, 38288, dated 9th of Mir.; 36020, May 25, 100l. each, and 01364, dated 8th of Aug. 50l.—I received no documents in respect of the vessel—she was sold by public auction—I did not deliver any, I merely gave an order to the ship-keeper to deliver her up, which order I requested to be returned to me—I have not got it—I took no account of it—it was not a business transaction—I bought it for a friend, and took no notice of it—I received no copy of a register, or bill of sale.
Cross-examined by MR. KELLY. Q. Who originally sold her? A. She was advertised to be sold by auction, at the Exchange-rooms, at Portsmouth, by Mr. Robinson, an auctioneer.
MR. SERGEANT BOMPAS. Q. To whom did you pay the money for your purchase? A. I think I paid the money myself—the money was originally paid by a cheque from the party, by whom she was purchased, who attended the sale himself, although I bid for her—that cheque by some accident or other was not presented at the place where it was drawn—the cheque was brought back to me, and considering myself responsible I paid the money for it to the bankers immediately—the cheque was paid immediately afterwards—the cheque that was given at the sale to the auctioneer was not prssented in the regular form, and not paid—it was not a cheque of mine, but of the party for whom it was purchased.
CAPTAIN HILL re-examined. (Looking at seven cockets produced by Mr. Brown.) These were delivered to me by Jennings—I found no document mentioning the house of Zulueta and Co., of London, on board the vessel, but the one that has been read—these are all the papers I could get—(By the cockets it appeared that Jennings had shipped, on board the Augusta, from Liverpool to the Gallinas, cotton shawls, muskets, matches, copper and iron pots, cases of British glass, cotton goods, tobacco, and gunpowder.)
Cross-examined by MR. CLARKSON. Q. Do you know the prisoner? A. Yes—I have known him since he was a child—he has borne a most excellent character—as far as I know he has been a good child, a good father, a good husband, and a most honourable merchant.
WILLIAM THOMAS ONYON . I reside at Portsmouth. I knew the vessel called first the Golupchick, afterwards the Augusta—I knew the captain, Jennings, and the mate Mottley, and was on board the vessel at times—I am a teacher of navigation, and was giving Mottley instructions—while I was on board I found a bundle containing about twenty-two deck screws wrapped up in canvas—they are screws formed for placing a temporary deck for slaves, to go through a deck, and fasten to a beam to screw on—you take them out, and remove the deck—I found them in a secret place at the back
of the cupboard, in the cabin of the ship—the boy was patting the soup tureen into the cupboard, he happened to put it too far, it fell, and in reaching it up, in searching there, I found the screws—I put them on a table, and Mottley opened them—they were put into the cabin by the boy Clarke—this was about the middle of September, 1840—I have seen some shackles among the ballast mixed with it—I do not know how many—I have been at sea some years, and have left it about four years—all tlte bed places had false tops, false lining, a vacancy between the deck and lining—there was an opening of about four inches, so as to enable any thing to be stowed away there—it would then be concealed—it was a kind of moulding which opened, and then there was this vacancy—it was not at all perceptible.
Cross-examined by MR. KELLY. Q. Were these articles of use in carrying on the slave-trade? A. I presume so—I acquired my knowledge of what is useful for the slave-trade from the representations of Mottley himself, who was on the coast for years—that is all I know it from—I have heard the Golupchick was sent to England to be sold, having been seized, being fitted up for the slave-trade—I believe before a vessel sails out from a British port for the coast of Africa it is examined by the authorities to see if it is fitted up, or has any articles for the slave-trade—these articles were at Portsmouth, before the vessel went to Liverpool where she received her cargo.
JOSEPH BANKS , sen. I am a cooper, and live at Portsmouth. I remember the Golupchick being there in 1840, and while there, I went on board her—I was employed to do something to the water casks—they were double leagers—they were different sizes, but these would contain about 1,000 gallons each—there were about a dozen—they were entire when I first went on board—they were found on either side of it, full of water—Mottley, apparently, assumed the command of the vessel at that time—I saw Jennings there—I did not know Bernardos—I received directions from a person calling himself Jennings—he gave me directions to do something with the casks—he took me on board the vessel in the shipwright's boat—I found the casks full of water in the hold of the vessel—I think of the larger kind there was about twelve, and I should say fifty of the smaller—I numbered each stave of the large casks; I rased them with a proper rase-iron which coopers use, their took the hoops from them, took the casks down, put the hoops inside, and made close bundles of them, so that they could be put together again—I reballasted the vessel, and stowed them on the top of the ballast in packs, each cask in a separate pack—I did the same with the smaller ones, and left others for water for the voyage—it took me from the 8th to the 19th of Sept. 1840 to do this—while, on the vessel, after putting the large casks into the hold, my attention Was attracted by a noise in one of the smaller casks, which proved to be what was called shackles when I was in the West India trade—I did not count them, but consider, from their weight and appearance, there were nearly 200 pairs—nothing was done with them while I was there—to all appearance they had been in the vessel before—I left the cask nearly in the same place as I found it—we did not take that cask to pieces; we took the head out, hearing the noise—I did not put the head in again myself.
Cross-examined by MR. CLARKSON. Q. Was it necessary to hammer the casks to separate them? A. Yes; we took all the hoops off—it makes a great noise sometimes—I had my son to help me, and the ship's crew at my command at any time—I went to get the cask out of the hold—I do not know how long this was after the ship was sold as a condemned slaver—I heard the sale was in August—I did not go to the sale—I never saw any persons come on board in particular—there were comers and goers, such as do come and go with vessels; young men coming on board, wanting to go out in the vessel; nobody else that I know—the ballast was iron—the shackles
were on the starboard side—I should say they did not form the ballast the ballast was pigs of iron—I left the shackles in the same cask—when I left the whole of the ship's company were on board, and Mottley and two shipwrights—I believe they were Portsmouth shipwrights, Case, jun., and Case, sen.—they had been working on board previous to me, and after I left—they are not here—there were two scrapers and caulkers, Portsmouth men, I believe—the Queen's Solicitor at Portsmouth, Mr. Greetham, called on me to be a witness last Thursday—that is the first time I was called on positively to attend—I did not communicate to him that there were two shipwrights working on board, after me—I never mentioned it to anybody—I was never taken before a Magistrate on the subject—I cannot say whether any of that articles were on board at Liverpool—I never went to Liverpool.
HENRY GEORGE MOON . I am clerk to Mr. Vandenberg, of Portsmouth. I remember the arrival of the Golupchick at Portsmouth—on the day of her arrival I went on board in the morning; I think it was on the 10th of June, 1839—Thoms Bernardos described himself as the captain—the vessel was under charge of an officer of Her Majesty's Government at the time—I took a letter on shore addressed to Messrs. Zulueta and Co.—I got it from Captain Bernardos—I put it into the post.
Cross-examined by MR. KELLY. Q. You saw nothing of the vessel when she sailed from Liverpool, on her voyage to Africa? A. No—she was ultimately given up to the Russian government, with her papers.
THOMAS JAMES CLARK . I am nineteen years old, and have followed the sea about two years—I sailed on board the Augusta—I entered on board at Portsmouth harbour to go to Liverpool, at first, but went in her from Liverpool—sailors were hired at Portsmouth, some joined her there—I afterwards went all the way in her—when we sailed from Liverpool there was about twenty-one or twenty-two men on board—I shipped as cabin-boy—I had nothing to do with loading the vessel—after we left Liverpool a heavy gale of wind arose, which lasted some time—it might be several days after we sailed—we were not a great distance from Cork or Falmouth—there was a fair wind back, if the skipper had a mind to run back—there was a great disturbance with the crew about going back—they said the vessel was not safe to go where the shipper wanted—she was to sail for the coast of Africa—they wanted him to go back—he said if he did he was afraid he should lose his crew—they said she was not safe to go to the coast of Africa—it was at last determined he should sail to Spain—I do not know whether the wind was fair for Spain—we were, I dare say, a fortnight or more before we got to Spain—we came to the port of Cadiz—the best part of the men were discharged there—I believe their leaving was through the captain's misconduct—we remained at Cadiz a month, or it might be two months—the best part of her cargo was moved out at Cadiz, in small vessels—there was some tobacco which was damaged—I do not know whether any part remained.
Cross-examined by MR. KELLY. Q. You was on board at Portsmouth? A. Yes, I remember a number of large water-casks, and a good many small ones, on board at Portsmouth, which Banks and his son had knocked up.
Q. Were they not all taken out at Liverpool, and sold by Mr. Toplis, the agent, who had the sale of the goods? A. I know they were put on shore, and am not aware that they were put on board again—I never saw them afterwards—no iron bolts and screws were thrown overboard while the vessel was at Portsmouth, to my recollection.
MR. SERGEANT BOMPUS. Q. Do you remember anything of the quantity of water actually on board? A. No—they had a great quantity of water when they sailed from Liverpool—we had several puncheons on deck, and knocked the heads of several casks in, to help the vessel at the time of
the storm, and two of the casks went overboard—I have been to North America, never in Africa, and do not know what is usual on the coast of Africa.
THE HON. CAPT. JOSEPH DENMAN . I commanded a district of the African coast for two years—the River Gallinas was within my district—I was myself constantly in sight of that river for a period of eight months, and whenever I was not there myself, I stationed another vessel under my orders there, with directions to watch the place, and report to me what occurred—there were no less than six slave factories on shore at Gallinas—eight in the whole—six principal ones—there was no trade carried on there but the slave-trade, exclusive slave-trade—I did not know any of the proprietors of the barracoons personally—I never saw any of them on their warehouses or premises, except one, whose name I believe was Martinez—the name we knew him by was Pedro Fernandez—that was the name be gave—I have seen Ignatio Rollo on board the Saracen, and at Gallinas also—he was landed from the Saracen, commanded by Captain Hill, when I saw him—I never saw him on any of these factories, except on the factory at which he landed—he was landed in a man-of-war's boat—it was not by his own choice.
Cross-examined by MR. KELLY. Q. Had you the means while in this river Gallinas, from time to time, of ascertaining how many towns or villages there were, as far up the river as you went? A. There were, to my knowledge, some three, or four, or five towns on different branches of the river—there are several branches to the river—I went up about ten or twelve miles, I suppose—I am positive there was no trade but slave-trade carried on there—every vessel that landed a cargo there I knew of during a period of ten months, most particularly from March, or April, 1840, till Feb. 1841—I never heard of a ship called the Sublime landing merchandise there to the value of 13,000l. or 14,000l., during that period—I do not at all deny that vessels have landed cargoes there to a very large amount—I say that the slave-trade is exclusive, because no produce in return was exported, nothing but slaves—there are two branches of import to Gallinas—one is the provisions which the slave-traders there eat, and the other the goods which are used by the slave-dealers to buy slaves with—there is no produce exported from there—I do not mean to say to a hundred-weight or a ton, but nothing to be called produce, to be exported—I have known the Gallinas since 1835, and though I have more particularly directed my attention to it for the ten months: I was in charge of that station for two years, during the whole of which time I had vessels stationed at Gallinas, and had reports from that place.
Q. As you have stated there was nothing but the slave-trade carried on there, and that there are no exports, do you mean to include or exclude from your observation the fact of merchandise being landed and purchased there, and being paid for in money, so that a stranger carrying it there, and selling it, and receiving money, would not know but the whole proceeding was perfectly lawful? A. My answer to that is, that persons who land cargoes at Gallinas, in that way, would not be guilty of slave-trading, but all those goods would of necessity go towards slave-trade, because nothing but slave-trade is in existence—the natives have no money to pay for goods, except money that comes from the slave-trade or slaves—there is no produce, and no money coined in that country.
Q. As regards a shipper from this country, supposing any one shipped not as agent, but on his own account, and that he receives money for what he exports, do you mean that there is any slave-trading in that? A. Not of necessity, supposing he did not know the circumstances.
COURT. Q. Suppose he had come away in ballast, is that a transaction
that ever happens? A. I have never known of such a case—there is no English trade carried on in fact.
MR. KELLY. Q. During the time you were there, do you mean that no English vessels went there? A. Two or three English vessels passed, and had a little proceeding, the Augusta for one—I know, from the statement of the chiefs to me, that there was no trade there—I do not know of the sublime landing goods and disposing of them to the amount of 13,00l. or 14,000l.—no such vessel was there during the two years I was there—I think I can positively say that, certainly not for the ten months—the trade I have described has taken place there since 1835, to my knowledge, the landing of goods.
Q. In 1837, do you know of a vessel called the Milford, having carried goods, and landed, and sold goods at the Gallinas, to the amount of between 6000l. and 7000l.? A. I was in another part of the world at the time—I have no reason to doubt it—it is very possible—that does not alter the question, in my opinion, as to whether it was for the slave-trade or not—I know very well that the slave-trade exists, and that 800l. worth of goods was landed there, and not one vessel went away without money or bills, except in cases where they were consigned in cargoes from the Havannah, which was the case with nine out of ten, where the freight was paid in the Havannah by the slave-dealers.
Q. Then the sort of business carried on is this; some vessels do carry commodities to a great extent, receive payment in bills or money, and sail away? A. Those are the exceptions—very few such cases occur, some do—the system is not to carry goods there, and receive slaves in return—the system of trade is, a vessel is sent from the Havannah with goods to a slave factor, (Rollo, for instance, or any of these men at the Gallinas,) she sails again in ballast, the freight is all paid at the Havannah—that is the general rule—I do not say that the vessel is of necessity engaged in slave-trade, became of necessity people do not know what they are about; but the consequence of it is of necessity slave-trade, from the way in which the payment is actually made—it furnishes means to persons there of carrying on the slave-trade—a person living in England, or elsewhere, and exporting produce there, may do so, and get his money for it, without knowing to what purpose it is to be appiied—it is very possible.
Q. Have you not had a hand in destroying certain property there, slave factories, if you please, which is the subject of one or more actions against you at this moment? A. There are certain actions brought against me for the destruction of slave factories at the Gallinas—the destruction of those slave factories took place about Nov. 1840—I have been to various other parts of the coast of Africa, where the slave-trade is carried on—at most of the places on the coast there is both a lawful trade carried on and the slave-trade—the Gallinas is an exception, the only exception I know indeed—I know that from my own personal presence on the spot—if a merchant in England consigns commodities to a person at the Gallinas, it implies a certain knowledge of the party—supposing he knows nothing of the character of the parties by whom he is employed, it does not of necessity follow he should know what he is about—if he knew any thing of the person who desires him to ship goods, or the persons at Gallinas with whom the trader corresponds, I should suppose he would know enough of them to know that there was nothing but slave trading—there are undoubtedly many persons on the coast of Africa who carry on both the slave-trade, and also a very extensive lawful trade.
Q. Then how is a gentleman in England, or America, or anywhere else,
who sends his ships, and exports his merchandise to these persons, to know whether it is for a lawful or unlawful trade? A. If he does not know anything of the Gallinas, he would not of necessity he guilty of doing anything wrong—there is nothing to restrict or prevent us from searching a vessel sailing under the English flag, and commanded by an English captain—we do it without opposition or inquiry; and if an English vessel is seized, she goes, without further delay or impediment, before an English tribunal—by some treaties a foreign vessel would go before a national tribunal; a French vessel, for instance, would go to a French colony, a Spanish or Portuguese vessel would go to a mixed commission—I left England, I think, in Feb. 1840—I knew the Gallinas in 1835—I was in charge of that station—before I was there I did not know there was such a place as the Gallinas—I knew nothing about the coast of Africa—I had no sort of instructions, or reason to inquire or know anything about the trading at the Gallinas—I knew nothing about it.
MR. SERGT. TALFOURD . Q. You knew nothing about trade in Africa, or trade anywhere else, I presume? A. Or trade anywhere else—I believe all the persons at the Gallinas are agents—there are no actual merchants—I have reason to believe there are twenty or thirty Europeans employed there altogether—there is not another man there, exeept those connected with the slave factories—the natives in the towns or villages there have no means of paying for British produce, except by slaves—the country has no produce but slaves—it would be impossible that a merchant who has traded for twenty years to the Gallinas, or Africa, could fail to know the nature of the trade.
LIEUT.-COLONEL EDWARD NICHOL . I have been acquainted with the coast of Africa since the year 1822—I was governor of the Island of Ascension, and afterwards of Fernando Po, five years at each place—it was my duty to attend to other parts of the coast, and make observations upon it—I have received reports from upwards of two hundred officers of the navy, and commanders of merchant ships, of different parts of the coast; and I have sent a small schooner attached to my station off Fernando Po, to make reports of different slave-trading stations, and what was going on there—I know the river Gallinas—I have been there myself, and it has been within my observation since 1822—I was there in 1822, in Her Majesty's ship Victor—we did not stay there long—we were chasing slavers off the place—I was on the coast from that time till I left in December, 1894, and have had continual communication with it since—during that time the trade carried on at the Gallinas was the slave-trade—not a particle of produce was exported from the Gallinas, that ever came to my knowledge, by all the information I received, and by my own observation—the country round the Gallinas produces nothing but stones, and trees, and leaves; very little of anything else, hardly what would subsist the people living there.
Q. Do you know of the existence of slave establishments there? A. As notoriously as this Court is here—I have seen them myself, and had reports of them from the officers that were sent there—I was only there once—I know Pedro Blanco from report, but not personally—they always kept out of my sight—they would not come near me—it is the duty of every British officer on the coast to suppress the slave-trade as much as possible—it was part of my duty—I had no authority to seize slave ships, but to give information to Her Majesty's squadron, and I believe I did that to some good amount—it was my duty to obtain as much information as possible of what was going on on the coast, and to communicate with naval officers, to enable them to seize the vessels—my station was about fifteen hundred miles from the Gallinas, except
when I have been journeying down the coast—Fernando Po is a long distance from the Gallinas, and so is Ascension—I have been running down the coast, and obtaining reports, both myself and from officers—I had the means of ascertaining the way in which the slave-trade was carried on—you cannot get slaves for money—I never saw a slave got for money—they cannot be got without British manufactured goods, supplied by British merchants—the general course is to barter British manufactured goods for slaves, who are brought from the interior of Africa, to places where the trade is carried on—slaves are usually brought to the Gallinas for the purpose of being sold, or bartered for the goods which they meet with there—it is notoriously the most infamous slave-dealing part on the whole coast of Africa—there is a continual drain of slaves from all parts of the interior contiguous to it, continually coming down to the Gallinas—there is nothing going on there but the slave-trade.
CAPTAIN HILL re-examined, (looking at a letter produced by Mr. Brows, and numbered 18)—I believe this letter to be Bernardo's writing—I have some of his writing in my possession, which I saw him write—this is one of the papers I found on board the ship when I seized her—it was not delivered to me by Jennings; I found it by search.
(The evidence given by Mr. Zulueta before the Committee of the House of Commons, in July, 1842, in explanation of the transaction in question, was, that the firm of Zulueta and Co., as agents for Martinez and Co., purchased the Augusta for Captain Jennings with money belonging to Martinez and Co. is their hands, Jennings transferring the vessel as security for the amount, and caused her to be despatched with the cargo, which was consigned to cornspondents of Martinez and Co., by their order, at Gallinas; that Zulueta and Co. had no interest in the result of the adventure, and had nothing furthe is do with the transaction, and had no knowledge that the vessel or goods were to be used for the slave-trade.)
NOT GUILTY .
OLD COURT.—Tuesday, October 30th, 1843.
Fourth Jury, before Edward Bullock, Esq.
JOHN MATTHEWS . I am a linen-draper, and live in Chichester-place, King's-cross; I have one partner. On the 20th of Oct., about six o'clock, a constable spoke to me, in consequence of which I missed a piece of merino from inside the passage, which I had seen safe about four—this now produced is it.
GEORGE PORTSMOUTH (policeman.) About half-past five o'clock on the afternoon of the 20th of Oct., I saw the prisoner, and a young man by the side of her, in Argyle-square, which is near the prosecutor's—she had this merino under her shawl—I followed and stopped her—I asked what she had got—she said, some linen that she had brought from her mother's—there was an apron round it—I took her to the station, and there found it was this merino—she then said it was two dresses that her mother had given her to take to her aunt—she gave a false address.
GUILTY . Aged 16.— Transported for Seven Years.
Before Mr. Justice Maule.
2897. THOMAS ROWE was indicted for feloniously assaulting Thomas Wilier, on the 6th of Oct., and shooting off and discharging at him a certain pistol loaded with gunpowder and leaden bullets, and wounding him on the left side of his body, with intent to murder him.—2nd COUNT, stating his intent to be to maim and disable him.—3rd COUNT, To do him some grievous bodily harm.
MR. BALLANTINE conducted the Prosecution.
THOMAS WALLER . I am a wine-merchant, and live at No. 8, Cross-lane, St. Mary-at-hill, in the City; the prisoner entered my service, as cellerman, on the 1st of May, 1820. On the 2nd of Sept. last I gave him warning, and told him that that day week I should dispense with hit services—I think he said he was sorry for it—on the Saturday, when he came to receive his wages, I told him that his week was up, there was his money, and I wished him health—(the amount of his wages was a guinea)—he said he was sorry for it; he thought that I was peevish, and that I should hare thought no more about it, and then he began crying—I imagine he alluded to having been dismissed from my service—I had not found any fault with him, only that his faculties gave way—when I gave him notice I said, "Your faculties give way, you don't know what you are about"—on the 2nd of Oct. I received this letter signed by the prisoner, but written in another hand.
(Letter read)—"42, Watling-street, Commercial-road Bast, 2nd Oct, 1843." Addressed, "Thomas Waller, Esq., Cross-lane, St. Mary-at-hill. Sir, Having for the last three weeks made every effort to obtain employment without effect, in consequence of business being in so bad a state, and finding my means are fast exhausting, I am induced to solicit you to recollect me, should you have any extra work, or can in any way make roe useful, or can recommend me to any situation the duties of which I can fulfil; and shall feel happy in being employed either in town or country, or reside either in the house or out, as may be required; and shall feel additionally grateful to you for any such favour, and hope you will not think me too troublesome when I take the liberty of waiting on you. THOMAS ROWE."
MR. WALLER (continued.) I rather think the body of this letter is the prisoner's son's writing—I have had a letter which just resembles it. About nine o'clock on Friday morning, the 6th of Oct., I heard my bell ring—after the door having been answered, Rows came into my room—I said, "What do you want, Rowe?"—he said he bad been trying to get employment from morning till night, but he could not meet with any thing—he said he wished I could give him employment either in town or country—I told him I could not, that he knew nothing about farming—he had wanted to know if I could employ him at my farm—he told me he should be glad, if I heard of any thing—I told him if I heard of any thing I would let him know, but it was not very likely that I should—I said, "I dare say you have got enough to live upon; I understand that you say you have not got the property you had, because you have lent it to your son; therefore, if you are past work now, your son should do something for you"—I believe he said that his son had not had it, but that the greater part of what he had saved had been expended on his sister, who had been suffering from ill-health—I said, "You
have been living with me seven or eight years, and I have had very little to do for you, and, therefore, as old age is coming upon you, I have nothing to do with that, you might have provided something for yourself"—he said, "Then you don't intend to do anything for me?"—I said, "I have no employment for you"—he then came closer towards me, very close to me, and then presented a pistol and fired at me—there is a railing which rails my desk off—I was inside the railing, and he was outside—I could not see very well what he was about—I saw him fumbling about something—I think he took the pistol out of his pocket—it appeared as if he was pulling something out of paper, or something of that sort, in front of my desk, but I could not sea his hand—he presented the pistol at my left side—I did not think at the time that I was wounded, only the shock—I immediately rang my bell, and called my man, Thomas Lock, who came in—the prisoner stood looking at me after firing the pistol—he made no attempt to escape—when Lock came in, I said, "Rowe has fired at me, lay hold of him"—Lock said, "He has got a loaded pistol in his hand"—I then saw there was a pistol in his hand—I went out of the counting-house towards the kitchen, followed by Lock—the female servant ran down stairs frightened, and went out screaming—when she returned I sent Lock for a policeman—the prisoner got out into the warehouse, and was let out at the door—I then proceeded to put on my boots, and found a bullet in one of them, which I took out—at the time I was fired at, the boots were standing on a stool behind me—it appeared as if the bullet had dropped into the boot—it had not gone through the leather—I gave it to the policeman—in consequence of feeling faint, and what my servant said to me, I afterwards examined my person, and found I was bleeding—I sent for a surgeon, who examined me.
Cross-examined by MR. DOANE. Q. Does the partition extend the whole length of your counting-house? A. Yes—it is a very small counting-house—I was behind the partition—the prisoner stood outside the railing—he was directly in front of me—he was some little distance from the rails at first, but when he came up with the pistol he came up to the door-way—the pistol was inside the rails when he fired—the muzzle of the pistol was close to me—he seemed to take aim—I saw a second bullet, found by the policeman on the floor near where I was standing, at the bottom of the stool where my boots were standing—I was sitting reading the newspaper when the prisoner came in—when I received the wound I was standing up and facing the prisoner—he had been in my service twenty-three years last May—I knew nothing of him before he came to me—I know nothing about his age—he says he is seventy-seven or seventy-eight—I have no reason to doubt it—I never heard his age till he mentioned it at the Mansion-house—I rather think I have the character of a kind master—I am very quiet with my servants—I have observed that his faculties have given way latterly—he would get doing one thing instead of another—I think his memory has failed him—he seemed to get feeble—his deafness seemed to increase upon him—I think he was incompetent to manage that which it had formerly been his business to perform—three or four days before my giving-him warning he had purchased a large quantity of cord on my account—he made a mistake, I never told him to get any—I use a little cord, but he bought enough to last seventeen years—I did not intend to have ordered any—I thought it a very absurd thing to do—it was what we used to do twenty years ago, but I was wishing to retire from business—I thought he could not tell what he was about to do it—I told him he had done a foolish thing in buying all this cord which I had no use for—when I gave him warning, three days after, I did not allude to the cord—he
said nothing about it them—he might have said he was very sorry, and hoped I would look over it, but I do not know whether he was alluding to the cord or not—I never mentioned the cord to him when I gave him warning—when he went away he said he was sorry, he hoped I would look over it, and began to cry—nothing bad happened except about the cord, only I had seen occasionally that he did not know what he was about—he was blundering, mistaking one thing for another—I understood him, by looking over it, to allude to giving him warning.
THOMAS LOCK . I am porter in the prosecutor's service. On Friday, 6th Oct., I heard the door bell ring, and, on answering it, found the prisoner there—he said, "Well, Thomas, how do you do?"—I said, "How do you do, Rowe, I have not seen you for a length of time?"—he said he was very sadly—he asked whether Mr. Waller was within—I said, "Yes, do you wish to see him?"—he said, "Yes, I do"—he asked where he was—I said, "In the counting-house"—I went up to inform my master, admitted the prisoner, and left him with my master—in rather better than five minutes I heard the report of a pistol, and the counting-house bell ring—I went up into the counting-house—I found the prisoner on one side of the railing, and my master on the other, both standing—my master said, "Rowe has fired a pistol at me"—I got between them—the prisoner said, "Stand back, stand back, I intend it! I have lost my situation, I can get no employment, and a man like that, (meaning the prosecutor,) is not fit to live"—I saw a pistol in his hand, and said to Mr. Waller, "Get out of the counting-house, whatever you do, get out, he has got another pistol"—my master then made his way towards the kitchen—I followed him, leaving the prisoner in the counting-house—about twenty minutes, or half an hour after, I accompanied inspector Waller down the Mile-end-road—when we had got through the Mile-end turnpike-gate, we saw the prisoner talking to a female—I pointed him out to Waller, who took him into custody—he said, "Yes, it is all right, I am the person."
Cross-examined. Q. How long have you known him? A. Ten years last April—during that time I have been in Mr. Waller's service—I have observed latterly, that his mind has given way very much indeed, particularly within the last six months—he appeared foolish several times, in fact I have told him to—he did not know what he was about—I have heard him say, at times, that he had a giddiness or swimming in the head—a gentleman, named Goddard, has been in the habit of coming very frequently to my master's, and was well known to the prisoner—the last week the prisoner was at our house, Mr. Goddard came one morning, the prisoner went to the door and let him in—he then came into the warehouse to me, and asked me Mr. Goddard's name—I told him, and then he said, "You have no occasion to name to Mr. Waller that I have asked his name"—I think he knew him, but had merely forgotten his name—I remember his buying a large stock of cord, enough to last us all our life-time—I think it cost 1l. 5s. 6d.—my master was then about retiring from business—he had given no orders to buy any—I have heard him say when he got up very early in the morning, he has taken pistols to protect him, and that he has' had a dagger besides, but I never saw them—he said he merely got up to have a long walk before he came to business—my master was a kind good-hearted man to the prisoner and the rest of the servants—the prisoner was as inoffensive an old man as I ever wished to deal with—I have heard him talk about his sister, and say that she had cost him a great deal of money—on the day in question, when he came to ask for his master, he looked very bad in the face—when he went into the counting-house, I noticed a wildness in his countenance, more so than when I let him in at the door—there Was a strange look about him when I let him in—he was very white and pale—from
what I saw of him for the last six months, I thought he was nearly like a child, that he did not know what he was about.
JANE MITCHELL . I am cook, in the service of Mr. Waller. On Friday morning the 6th of Oct., I was up stairs, and heard the report of a pistol—I went down towards the kitchen, and saw my master hastening towards me—after that I found the prisoner inside the back gates of the warehouse—I said, "For God's sake leave the place, before you do any more mischief—he said "No, let them take me to prison, Tom is gone for a policeman is he nor—I said, "No, he is in the kitchen "—he then said, "You have been the cause of my leaving my place"—I said, "Good God, Rowe, I have had nothing to do with your leaving, pray go away before there is any more harm done"—he went out of the gate, and I shut him out—I afterwards examined my matter, and found a bruise on his left side, and the blood coming from the hind part of his left side.
Cross-examined. Q. There was no truth whatever in his notion, that you had been the cause of his leaving? A. Not that I am aware of—I certainly made no statement to his master to induce him to discharge him.
CHARLES WALLER (City police-inspector.) On Friday morning, the 6th of Oct., in consequence of information I received, I went down the Mile-end-road—Rowe was pointed out to me—he was standing there talking to a female—I went up to him, and said, "Well Rowe"—before I could say any thing else—he said, "It is all right, all right, I did it"—I searched him, and found two pistols, one in each breeches pocket, one loaded, and the other unloaded—I have drawn the charge of the one that was loaded—there were two leaden bullets in it, and some powder—I am not acquainted with the quantity of powder necessary to fire a pistol—I have not got the powder here—I immediately opened the pan and threw out what was in it, then unscrewed the pistol, and let out the powder that was in the body of it—the balls were put in the ordinary way into the pistol—there was a piece of paper between the bullet and powder—I found this dagger in his coat pocket, a powder-flask with some powder in it—a little gunpowder in a phial, and two bullets in his waistcoat pocket, the very same sort as the bullets in the pistol—on riding in the cab with him, I taid, "Mr. Waller may be dead before we get back"—he said, "A good job, for he is a man that is not fit to live, a hard, a very hard-hearted man, and such a man as that is not fit to live in the world"—I asked him what he intended to do with the pistol that was loaded—he said if the first one had missed fire he intended to have tried that—I then asked him what he intended to do with the dagger—he said, "That is a thing that cannot miss fire"—I then said it was a very bad job—he said, yes, he had done it, and he must suffer the laws of his country—I took him to the station, searched him, and found 10s. in silver on him—I received a coat, waistcoat, shirt, flannel waistcoat, and pair of drawers from Jane Mitchell, which I produce.
JOHN HUNTER . I am a surgeon, in Mincing-lane, City. On Friday morning, the 6th of Oct., I examined Mr. Waller, and found a small would on the left side of his back which was bleeding—it was about four inches from the spine, directly over one of the ribs, and about three-eighths of an inch in length—I examined his clothes to ascertain how the wound behind had been effected, and found in his coat, flannel waistcoat, and shirt, a hole
corresponding in position and size with the wound in the back—in addition to that he had received an injury on the left side of his body—it was a bruise and swelling, without any wound—I was very anxious to know, for his safety, what number of bullets there were, and whether there was or not a bullet in his body at the time—I took great pains to examine the clothes, and as I made out, the injury in front was inflicted by a bullet that had gone first of all twice through the under part of his left sleeve, then through the breast of his cost—it had torn his waistcoat, but not gone through the lining, nor through the shirt, or flannel waistcoat—it might then have dropped on the floor—it must have been a violent blow—I should think woollen stuff would stop the progress of the bullet, if the pistol was fired off near the body—the breast of his coat was loose, and was a very thick cloth—I suppose the first bullet wounded his back, and the second was the one that struck him in front—I have heard the evidence—I imagine the wound behind to be caused by his standing sideways, as he must have been from the position of his counting-house—if the pistol was fired probably at the distance of a yard, the one bullet must have struck his back, and he involuntarily must have raised his arm, or something of that kind, and the second have passed twice through his sleeve, and through this hole in the breast of the coat—the position of the wound behind was such as would have been occasioned from the position in which the man stood at the time he was firing—I have no experience in gunshot wounds—I have attended him—he has been in no danger.
(Witnesses for the Defence.)
WILLIAM HUNT . I am a wine-cooper, and live at No. 42, Mark-lane. I have known the prisoner between eleven and twelve years—I have been in the habit of seeing him nearly daily—I took a house in Green-street, Mile-end, he had lodged there a number of years, and I took him with it as a fixture—he lived there till I left it—on several occasions I considered him eccentric in his conduct—I have seen him with a pair of pistols and a dagger, years ago—I believe these to be the pistols and dagger, produced—I have known him leave my house at eleven at night to go to hear the nightingale sing, travel all night, and come home at three or four in the morning—he used to leave my house to go to work a little before nine—when he has gone out at eleven and come home at four or five, Mrs. Hunt and myself have often asked him what made him go out at such a ridiculous time, and he has said, "Merely to hear the nightingale sing"—he has done that frequently—he has many times said that he has been as far as ten or fifteen miles—he never went out, to my knowledge, without the pistols—I should say they were loaded—I have not seen him, come home—I have not been up at the time—I cannot say I have heard him come in—I have very frequently been at home when he has come home in the day-time—in one or two instances, of a night, he has had these things in his hand, and gone to bed with them, put them under his pillow, and alarmed Mrs. Hunt and myself very much—I have known him go to bed in the summer-time at five in the afternoon—he would sometimes lay an hour, then get up again, and go to bed again—I have heard him leave the house early in the morning—he has disturbed me very much—he has been in the habit of going round the garden at two or three in the morning with these loaded pistols—he has always told me he has been to hear the nightingale, when he has been rambling about in the night—at times I considered him anything but a sane man—he was very forgetful, and once within these six weeks he has been talking, and left off in the middle of conversation, and began something fresh, quite contrary to what the subject was, quite in an unaccountable manner—when he came and told me that Mr. Waller had discharged him, he seemed to be in great agitation—I said, "You have lived a
number of years with Mr. Waller, he never means to discharge you, you have committed some little wrong, and if that is all (about the cord he had bought) he would never discharge you if you were to go and petition him to let you go back"—he told me about the cord, and cried at the time—he fancied he was discharged on that account—he said he would not believe he was discharged—he bad left his situation a week then—he said he believed it was only a week's drill, (as he called it,) to learn him to be better behaved another time—I never knew him to be otherwise than kind, peaceable, and humane, the last man, in my thoughts, to be placed in the position he is in now—he always spoke of his master in terms of respect and gratitude—he said he was keeping him when there was really nothing to do—I never herad him speak of Mr. Waller but in the highest terms—his faculties have failed more latterly.
MR. BALLANTINE. Q. What family have you? A. A wife and four children, from the ages of ten to sixteen—the prisoner lodged at my house, but did not board with my family—he was on intimate terms with them—he stood godfather to two of my children—at that time I considered him perfectly in his senses, I at times allowed for old age—I do not know that be ever took my children out—he was not to say frequently in their company—there were no other lodgers in the house—he was a person, as far aa my experience went, of very quiet, peaceable habits—I have many times observed him change the conversation, when in the middle of a sentence, earlier than the last six weeks, but not so much as latterly—I have heard him state his age, and I think he is seventy-seven—I have known men as old as him—I found a great difference between his manners and habits and those of other men of his age—I have a man of the same age at my residence in Tothill-street.
MR. DOANE. Q. You have not observed any eccentricities in that man? A. No—I should say his mind was as good as when he was ten years old—my children are boys—they go to a boarding-school, and are not often at home—it is ten or eleven years since the prisoner stood godfather to my last child—it was christened after him.
RICHARD BROWN . I am a carpenter, and live in Green-street, near the London Hospital. I have known the prisoner about twenty years—I have been there twenty-two, and he came to reside next to me two years after—I have known him to be in the habit of carrying pistols and a dagger about with him many years ago—I have seen him with them, and remonstrated with him, on one occasion particularly, the first time I saw them, he wished me to go out to spend the day with him at Edmonton, with some friends, I did not find out he had them till he came home, about nine o'clock in the evening, in the summer, it was hardly dark, I saw him take them out of his breeches pocket, and put them on the chimney-piece—he then put his hand up his sleeve, and pulled out the dirk—I remonstrated with him on the danger that might happen to him in getting over the stiles, or anything of that sort—he said he had them with him all day—I felt astonished—he said he usually carried them for his protection—I have known him go up in the evening, and open his back window, which was his bed room, when I might have been in the back garden conversing with some of my neighbours, put his head out, and put questions to us—I have heard him go out at unusual hours in the night—he has been generally out very early in the morning—it was his practice, and I have seen him come home when I had been getting up to attend to my business—I have met him long before he has had occasion to be up—he has been out at four or five o'clock in the morning, home again at six, and took his breakfast, before going to business—he
has very often put his head out of window with hit cap on, and said, "I will give you a song," and has sung some silly old ditty or another—he has caused a deal of merriment among his neighbours, and those in the gardens behind—occasionally he would sing a verse, make some noise on his musical stick, and then sing another verse—I always understood that he lived with Mr. Waller—I have heard him speak of Mr. Waller in very respectful terms, and I always understood that he had got a very good situation, and was comfortable—on one occasion I asked him if he was busy at his hoouse—he said they were yery comfortable, but they did not do much businees; that Mr. Waller had a very large stock of wine, which it was his intention to get rid of gradually, and retire from business—on one occasion I stated, "You would then be out of a situation"—"Why, "he said, "as long as he is in business, I am certain to remain there, and I dare say, if any thing happens, and he retires, he will do something for me"—that seemed to be bis impression, from the answers he gave me—he has not resided next to me for the last seven years, and I have not seen so much of him as I formerly did—he occasionally called on me, but not for the last few months—I considered he was getting more feeble—he was always such an eccentric character, therefore I did not think much of it—occasionally, when I have seen him, I thought he did not seem to carry his age well—he seemed to be breaking—since I have known him he has been a different man—he began to get more foolish—indeed, I used to say of him, "That silly old gentleman, I met him again to-day"—I thought there was a silliness which I did not observe when I first knew him.
MARY ANN BROWN . I am the daughter of the last witness. I remember when the prisoner was living next door, nearly eight years ago, I and my sister were in mourning, and were in the garden at the back of the house——the prisoner looked out of his bed-room window, and fired a pistol in the direction of the opposite houses—we were standing near our own back door, just the length of the garden from where he fired—the gardens join at the bottom—I believe the shot took effect on one of the trees—it shot one of the branches off—that was not in the garden in which I and my sister were, it was opposite to where he was—we were very much startled—he said twice before, "I will have a shot at those two crows," and he laughed very much—there were no crows there, only I and my sister.
MR. BALLANTINE. Q. You bad known him some time previous to this? A. Yes—he used to joke and laugh with us very much—I was within a few months of twenty years of age at the time—he fired in an entirely different direction from me—he used very frequently to play his musical stick to us—he used to amuse us as we sat there with our needlework—he was on very good terms with us, and was in the habit of amusing us—at the time he fired the pistol I did not see that the branch waa knocked off.
WILLIAM COOK . I am a surgeon, and live in Trinity-square, in the liberty of Tower Without. I have directed my attention, to some extent, to the effect of various emotions on the mind, when in a diseased state—I have written a little work on the subject—I have known the prisoner for about twenty-seven years—I have seen but very little of him for twenty years, except meeting him in the street—twenty-seven years ago I lived more in his neighbourhood—we dealt with him when he was in business with his wife—I then knew a good deal of him, and he was a very respectable, quiet man—since that I have only met him, perhaps once a month, in the street—I saw him at his son's about three months ago, and have seen him since he was taken up.
Q. Should you, in your judgment, from the experience you have had, and having heard all the evidence here, consider that the announcement made to
him by his master that he could do nothing more for him, would be calculated to produce such an effect on his mind and intellect as that he should be incapable of distinguishing right from wrong at the moment of his frenzy? A. I believe it would act so decidedly, because I have no doubt he is the subject of organic disease—I form that opinion from what I have seen in the progress of this man for the last ten years—he is a totally altered man, and has been progressively altering for the last ten years—I have seen enough of him, independent of this case, to form that judgment—the change has been particularly manifest in his bodily health—I have no doubt disease was going on in the vessels of the heart and brain—the imbecility, and foolish acts and blunders spoken of by his master, would be the ordinary result of organic disease in the brain, or some of the organs—the decay of some of the organs very commonly happens at his time of life, and that which I have heard to-day is the ordinary evidence of that change—it would be the ordinary result of the change that takes place in the blood-vessels at advanced age, when there is disease, and of which I believe him to be the subject—a swimming in the head, and dizziness about the eyes, would be a marked symptom of such disease, and is exactly what I should expect to find as one of the results of such a process going on—since he has been taken up he has complained to me of a swimming in the head—I never attended him professionally, at least not for many years; but he did complain to me when I visited him, and so simply, and so in harmony with his situation, that I have no doubt of its truth, that he was a subject of giddiness—taking all the circumstances of this case into consideration, his fancying that he was dismissed for buying an absurd quantity of cord, and that the female servant was the cause of his dismissal, I believe that when he fired the pistol at his master he was totally out of selfcontrol.
MR. BALLANTINE. Q. I presume you have found out that a person, when he passes the age of seventy, is not usually in such entire possession of his faculties as at an earlier period of his life? A. Very commonly—I have known a multitude of instances where men have retained their faculties in perfection after seventy—perhaps the frequency is the other way—badness of memory is one of the usual symptoms of old age—it is not uncommon for a person to begin talking on one subject, and then alter it without any apparent cause—it is one of the symptoms of the disease of old age.
Q. And that, I presume, without there being any organic disease in the system? A. But that is an organic disease—old age produces organic disease, of which these are the signs.
COURT. Q. Old age alters a man's organs, does it not? A. Undoubtedly—if they remained unaltered, a man would remain sound in body and mind.
MR. BALLANTINE. Q. How often have you seen the prisoner in the last seven or eight years? A. Perhaps once a month—I never saw him with a view of examining as to the state of his mind, only since he was taken up—I believe he knew the effect of firing a loaded pistol, as a young chid would do; but I believe he did not know on what account—I think he knew that it would take away life—I do not think he had reasoned himself into a belief, that he was justified in doing so—I think that the vessels of his brain are diseased, and consequently the brain itself—I consider he was in a state of excessive excitement at the time he did this act, and there was an animal impulse—I have heard the evidence—I do not think it was stated that he stood quite calmly—I think it was the contrary—I think there was an exceedingly hurried action of the heart, and that there would be blood driven to those vessels which were previously diseased; and as the head is the organ of
thought and action, it would be impaired—I have heard of the conversation that took place—I do not think that that exhibited any increased action or excitement—I think he went there calmly, but that the excitement grew up, in consequence of the conversation with his master—swimming in the head is not an unusual symptom with old age, but he has organic disease, besides the effect of old age—I believe there is ossification, disease of the arteries of the brain and heart—I should think that has been coming on for the last ten or fifteen years—those are not generally diseases of persons in perfectly sound mind—they are not necessarily incidental to persons in advanced age—sometimes they come on in early life, but seldom in early life.
NOT GUILTY , being insane.
Before Mr. Justice Wightman.
NOT GUILTY .
Before Mr. Justice Maule.
MR. PAYNE conducted the Prosecution.
RICHARD ANDERSON . I live in Grange-walk, Bermondsey, and am a millwright and engineer. I worked for Mr. Smith—on the 1st of June last year, I was in his shop, and saw the prisoner there—he looked at some white and grey wool—I saw him write in this order-book, "Felgate and Wood, 154, High Holborn; reference to R. Stevens and Co., 22, Eastcheap: three pieces of hard, 3l. 10s.; two pieces of soft, 7l. 10s.; half a piece of white, 6l." &c.—he told me to tell Mr. Smith to attend to it as soon as he came home—that he wanted the goods to make up some articles for his shop, and that he should want a month's credit for these goods, as he had laid out a deal of money to fit up the shop.
THOMAS SMITH . This is my order-book. On the 17th of Jane, 1842, I drew a bill on Felgate and Wood for 32l. 19s. 6d.—it was for these goods and others—this is the bill—two or three days after it had been accepted, I called on the prisoner at 154, High Holborn, to ask if it was his acceptance, and he said yes, it was—I saw him on other occasions, both before and after—he went by the name of Felgate, in all my transactions with him—the bill is drawn in the name of Felgate and Wood, as written down in the order-book by the prisoner—I drew it, meaning to draw it on that particular man I had seen before—he called himself Felgate, and said he had a partner, Wood—I meant to draw it on himself and partner—it has never been paid—(read)—"London, June 17, 1842. Three months after date pay to our order 32l. 19s. 6d., for value received: Thomas Smith and Co.—to Messrs. Felgate and Wood, upholsterers, 154, High Holborn:—accepted, Felgate and Wood; endorsed, Thomas Smith and Co."
THOMAS SMITH , jun. I am the prosecutor's son—I took this bill to 154, High Holborn, and saw the prisoner—I asked him to accept the bill—he accepted it—I asked him if his name was Felgate—he said, no, it was Wood.
WILLIAM PARDOE . I am a furniture salesman, in Tibberton-street, Newington-causeway—from July to Sept., 1842, I was in the prisoner's service as shopman, at 154, High Holborn—I knew him by the name of Ridgway—I never saw any Mr. Felgate there—a person came at the latter part of my time who passed as Mr. Wood—I caunot say what his name was—he acted in
a menial capacity, as porter, or anything else, and swept out the shop and Passage.
Cross-examined. Q. The name of the firm was Felgate and Wood? A. Yes—I was employed by the prisoner, not by Felgate and Wood—from July the business was carried on in the name of Wood and Co.—no such person as Felgate was ever there while I was there—I came at the latter end of July—I have never seen any person named Felgate—I never heard that such a person had been there.
MR. PAYNE. Q. Was this man that was called Wood paid as servant? A. I never saw him paid.
Cross-examined. Q. You knew him some years ago I suppose? A. I knew him these two years.
THOMAS SMITH , jun. (re-examined.) When I went to the shop, I think they were about opening it, in the name of Felgate and Wood—I can not say whether that name was on the door—I have seen it on the door—I went there perhaps two or three times after this—when I first went, they was putting the stock in the shop—I then went to get the bill accepted—that was somewhere about the time the bill was drawn—I think the shop had not opened at that time—there were two or three bedsteads put up, and upholstery—I do sot know that there was any very great quantity.
Witnesses for the Defence.
HENRY LINDERS . In June, 1842, I was clerk to Mr. Platts, an attorney of 19, Southampton-buildings, Chancery-lane. I know there were person named Felgate and Wood, who were clients of Mr. Platts', and the primer was also a client of his—they used to come to Mr. Platts' office; but I do not exactly know about it, for it was a particular part of the business which Mr. Platts generally attended himself—Felgate, Wood, and the prisoner, were all connected—I have an agreement and an authority, which I have in my custody, for the executors of the late Mr. Platts—I was not persent when this agreement was signed—I merely found it among other paper of Mr. Platts'.
MR. PAYNE. Q. You understood from Mr. Platts that he had some clients named Felgate and Wood, but you know nothing about it of your own knowledge? A. I know he bad such clients—I did not know exactly where they lived.
MR. PRENDERGAST. Q. Did you see the men? A. Yes—I let them into the office several times with the prisoner—they have been in Mr. Platts' private office together; but I do not know the transaction.
JOHN HAYDON . I was in the employ of the late Mr. Henry Platts, the solicitor—this signature, "John Haydon," to this agreement, is my hand-writing—it was signed in my presence by Mr. Felgate and Mr. Wood—these are their signatures—I knew them, not perfectly well, but I have seen them many times—it was signed at Mr. Platts' office—I believe the prisoner was present at the time—I believe it was-signed on the day it bears date—I am sure it was about that time.
MR. PAYNE. Q. What sort of a man was Mr. Felgate? A. About five feet six inches, a middling-sized man—I have met him in the street occasionally—Mr. Wood was a young man, about twenty-seven or twenty-eight about five feet five or six inches, and thinnish—they and the prisoner came to the office together—I am now a process server—I was at that time clerk to Mr. Platts—I saw Mr. Felgate about two or three months ago, somewhere or
other in the street—I cannot exactly say where—I saw Mr. Wood about two months ago in Holborn—I believe Mr. Felgate to be in the upholstery business—I have never seen him in any business, because I have never been to their place—I understood so from Mr. Platts—I never saw him do any upholstery business, nor Mr. Wood either—I cannot say that I ever saw them do any business, except sign these papers.
MR. PRENDERGAST. Q. Look at this other paper—(produced by Linders)—has that your signature? A. Yes, I was present when it was signed by the same two persons—(the first document was here read, dated May 19th, 1842, and was signed by Thomas Felgate and Charles Wood, authorising Mr. John Ridgway to sign their names as Felgate and Wood, and to draw, accept, and indorse bills, on account of the firm—witnessed by John Haydon.)
GUILTY .— Confined Two Years.
Third Jury, before Mr. Recorder.
MR. PAYNE conducted the Prosecution.
THOMAS SMITH . I am a horse-hair manufacturer, and live in Minton-street, Long-lane, Bermondsey—I first became acquainted with the prisoner about the 2nd or 3rd of June, 1842—he went by the name of Felgate in the first instance—I always addressed him as Felgate, and he answered me—I have no recollection of bis ever stating that it was Felgate, but I was in the habit of seeing him three or four times a week, and always addressed him as Mr. Felgate—he always answered to that name at that period—he did not say his name was anything else—between the 17th of June and the 8th of Aug. I sold him goods to the amount of 20l.—I afterwards called on him with a stamp, and was about to draw a bill as usual, in the name of Felgate and Wood, when he stated that Mr. Felgate had left the concern, and that the firm was now Charles Wood and Co.—I said I was surprised, as I had always taken him for Mr. Felgate—he said, "Oh no, that is your mistake, to think my name is Felgate; my name is Wood"—he said the bill was to be drawn on Charles Wood and Co.—I drew the bill on Charles Wood and Co., and the prisoner accepted it as soon as drawn—I saw him accept it—it has not been paid—(the bill was dated Aug. 8th, 1842—accepted, C. Wood and Co.)
Cross-examined by MR. PRENDERGAST. Q. Was not "C. Wood and Co." over the door? A. I am very short-sighted, but I have no hesitation in saying it was, for I saw some printed bills in the shop, with that on them—that was after he told me it was no longer Felgate and Wood—I should think I called a dozen times after that—I saw "C. Wood and Co." up there on several occasions—I saw the bill heads—I do not remember seeing the name there—I knew of no change in the name till this bill was accepted—the goods were all supplied to Felgate and Wood previous to Christmas—and some time after this bill was accepted, a party named Thomas Ackhouse called at my manufactory, and said I was done—I never heard at the premises at Holborn that the prisoner was not Felgate or Wood.
MR. PAYNE. Q. You learnt it at the time the man said you were done? A. Yes, that his name was Ridgway—that was after all the transactions had taken place between us—the goods were sent, from the 17th of June till the 8th of August, I believe—they were all delivered before the bill was accepted, which was on the 8th of Aug.—it was not accepted to obtain goods, but to Pay for them.
CHARLES WHITE . I am a coach-maker, and live in the Westminster-road. I have known the prisoner about two years—his name is John Charles Ridg-way—he gave that as his name in business transactions which I had with him.
WILLIAM PARDOE . I am a furniture salesman, and live in Tibberton-street, Newington-causeway. I was shopman to the prisoner in Holborn from July to Sept. 1842—I never saw anybody there of the name of Felgate—the prisoner's name is Ridgway—I knew that at the time—there was a person there who passed as Mr. Wood—he was a menial or porter, who washed the passage, swept the shop, cleaned the front, and washed the glass—he did the offices of a menial servant—I do not know what his right name was, but I know it was not Wood, because he would not answer to it when he came there first—he did not know what his name was—he answered to it afterwards.
Cross-examined. Q. How long did you live in this place in Holborn? A. Three months—the prisoner carried on the business under the name of C. Wood and Co. at the time in question, and did so for the last two months, or it might be more—I have been getting my living for the last seven months as a salesman and manufacturer of upholstery goods at Mr. Stewart's in the London-road—I serve in the shop, and work at upholstery and mattress making—I went to the prisoner's to do the same—I served my time, seven years, to the trade—his was the first place I had in London—before that I lived is Worcester, and carried on the same trade there on my own account—I had difficulties, and paid my creditors so much in the pound—I shall not my what unless told to do to by the Recorder—I paid 5s. in the pound as far as I was able.
NOT GUILTY .
2901. HENRY WILLIAM MORLEY was indicted for knowing and feloniously receiving, of a certain evil-disposed person, on the 16th of Sept, 22 1/2 yards of woollen cloth, value 19l., the goods of Henry Robarts, knowing them to have been stolen.
MR. CARTEEN conducted the Prosecution.
JONATHAN WHICHER (police-sergeant.) On Saturday afternoon, the 16th of Sept., about three o'clock, I went into the prisoner's house, No. 36, Dean street, Soho, in company with Sergeant Smith—I found the prisoner in the front parlour, and found this roll of cloth, unrolled, partly lying on a chair, and partly on the floor—I told him I was an officer, and asked who the young man was who had just gone out—he said there bad been no young man there—I told him I knew better, for I had seen a man come in with a large bundle, and go out with an empty bag—he said, "I dare say I can find him for you, if you want him"—I asked him who this cloth belonged to pointing to it—he said it was his own—I asked where he bought it—he said of a dealer—I asked who the dealer was, and where he lived—he said he did not know—I told him he must consider himself in custody on suspicion of having stolen property in his house—he said he thought that we could settle it—I asked what he meant—he saidvhe would give me 20l. if I would go no further with it—I refused it—he said he should have thought that 20l. would have been better to me than to take him—I afterwards took him into custody, and took him to the station—I found a gold watch and chain upon him.
Cross-examined by MR. HOWARTH. Q. What is the prisoner? A. A tailor, I believe—I have seen him occasionally for a fortnight or three weeks
before his apprehension—from inquiries I have made, I find he has been in Dean-street about twelve months and longer—I saw a man who I knew to be a thief, go into the house with a large bundle, and that made me go in, suspecting it to be stolen property—it resembled a roll of cloth in size and shape—that man's name was George Phillips—I apprehended him the same evening, but there was not sufficient evidence for the Magistrate to commit him for trial—he was remanded twice—I cannot say it was the cloth, because it was in a bag—the cloth was in the parlour where the prisoner carried on his business—there was a shopboard there, and a great deal of other cloth—this piece was unrolled, and a yard measure was lying by the side of it, as if it was being measured—the prisoner appeared very much alarmed when I told him be must consider himself in custody—he seemed agitated when I told him who I was.
HENRY WEIGHT . I am warehouseman to Henry Robarts, a woollen-draper, in Conduit-street, Bond-street. This cloth is his—I saw it last between the 5th and 9th of Sept.—I cannot say positively to the day—it has not been sold—I am quite certain of it—it is worth about 19l.
Cross-examined. Q. What is there by which you can identify it? A. The last time I saw it, I cut a slip from it to make patterns for pattern-books, and I have part of that slip here, which exactly matches the end of the cloth—there is a curve which matches it exactly—I know of every thing that I sell out of my employer's warehouse—Mr. Robarts sells—he is not here—if this had been told, it would have been entered in the book—I have examined the book—Mr. Robarts might have sold it in my absence, but it is most probable not.
COURT. Q. This was for sale? A. Yes—I am not always at home—we missed this on the 14th of Oct, when I wanted it for an order—the person who sells the goods makes the entry in the book—I have never sold it, nor ever heard of its being sold—there is a porter, who is authorised to sell in the absence of myself and Mr. Robarts—he is not here.
(John James Elsden, No. 36, Great Queen-street, Lincoln's Inn-fields, gave the prisoner a good character.)
2902. HENRY WILLIAM MORLEY was again indicted for feloniously and knowingly receiving, on the 17th of Sept., of a certain evil-disposed person, 1 leather bag, value 1l. 10s.; 1 dressing-case, 2l.; 2 razors, 20s.; 1 strop, 5s.; 1 comb, 2s.; 1 tongue-scraper, 4s.; 1 corkscrew, 2s.; 3 glasses and cover, 15s.; 1 bottle, 6s.; 4 brushes, 4s.; 3 knives, 3s.; 2 pairs of scissors, 2s.; 1 pair of tweezers, 1s.; and 1 button-hook, 1s.; the goods of Gilbert Farquhar Graeme Mathison.
MR. CARTEEN conducted the Prosecution.
FRANCES LOKER . I am ladies'-maid in the service of Mr. Gilbert Farquhar Graeme Mathison, of No. 2, Royal Mint, Tower-hill. On the 29th of Aug. I was at No. 20, Lower Grosvenor-street—I packed up a dressing-case, some brushes, shoes, slippers, a toilet-glass, and a quantity of articles, in a black leather bag and a carpet bag—I cannot swear which bag the dressing-case was in, but I think it was in the black bag—the brushes and shoes were in the carpet bag—after I packed them, I brought the bags down, and placed them in the hall—the footman packed the carriage—when we got to the Euston-square railway-station, we missed them—I did not see them after I put them in the hall—the articles now produced were in those bags, and are to property of Mr. Mathison.
Cross-examined by MR. HOWARTH. Q. How did you become acquainted
with his name? A. I have seen him write his name, and finding it necessary to state the whole of his names, I particularly inquired of my mistress after I had been to the office—I did not see the carriage loaded—part of the things were packed in master's own carriage, and part in a cab—I do not know whether the bags were put into the carriage or cab—they were all directed, but there is no direction on the bags now—when I packed this black bag, it had a card upon it, directed" 6. Mathison, Esq., passenger to Rugby"—was locked.
JOHN HAYNES (police-inspector.) On Saturday, the 16th of Sept., I went to the prisoner's house, No. 36, Dean-street, Soho, and went into the back parlour, which is used as a bed-room—I understood from Mrs. Morley that it was their bed-room, and the prisoner was in the house at the time—the front parlour was used as his shop—in a chest of drawers in the bed-room I found this dressing-case, these shoes, slippers, brushes, and toilet-glass—they were in different drawers, among other things—next day I went again, having left one of my man in charge of the house—I searched a cupboard on the landing, and received the keys from Mrs. Morley to unlock it—I there found, among other articles, this carpet bag, and this black leather bag, both broken open—the black bag is still locked, but the rivet is completely forced on—this carpet bag was also locked—that has merely a common padlock—almost any common padlock-key would unlock it, but the other is a patest lock.
Cross-examined. Q. Did these things appear to be placed in the drawen for concealment, or merely to keep the room tidy? A. The drawers were a a very tidy state—they were among clean linen, and such articles—there were other articles in the cupboard—it was a sort of lumber place.
GUILTY . Aged 34.— Transported for Ten Years.—(See page 1101.)
OLD COURT.—Wednesday, November 1st 1843.
Third Jury, before Mr. Recorder.
2903. RAIMONDO LUCHESI was indicted for feloniously assaulting Dominico Mazzolini, on the 6th of Sept., and stabbing and wounding him on the right side of the neck and left shoulder, with intent to murder him—Two other Counts, stating his intent to be to disable, and to do him some grievous bodily harm.
DOMINICO MAZZOLINI . I am an Italian, and am an image maker. I lodged in the same house with the prisoner and his wife, in Leather-lane, for eight or nine months—we have been partners together for fifteen months. On the 5th of Sept. we went to lodge at No. 6, Saffron-hill—J am singie—I slept in the garret at Saffron-hill, but in Leather-lane we all slept in the same room—Luigi Donnini, another workman, slept in my room—the prisoner and his wife slept down on the second floor—on Wednesday night, the 6th of Sept., the first night we were there, I went to bed at near one o'clock—I had come home with the prisoner—I had had no quarrel with him—I had hardly pulled off my clothes when I heard a quarrelling down in the Prisoner's room—I went down stairs and knocked at his door—I was ashamed of the noise, being the first night, and having taken the rooms myself—they were talking loud—I could not distinguish the words well—I knocked at the door two or three times, and said, "Open the door"—he said, "I shan't"—I kept on rapping rather loud, and in about half a minute the Prisoner came out—he had his trowsers on, but no coat—he had a light in his room—I did not go in—his wife was in bed—I had seen her there before I went up stairs
into the garret, I went into the room, and put my hat in the room—it was my room—I used to live and work there with him—we both went in together, when I put my hat there—I was forced to carry my hat in there—I kept all my moulds, and everything else there—when we lived in Leather-lane, I slept in the same room with him, and his wife, and another young man also slept in the same room—as soon as the prisoner opened his door, be came oat and stabbed me on the right side of the shoulder, just in the neck bone—he stabbed me four times altogether—four different blows—he id not say anything—he came out of his room rather sharp, as if he was inpassion—I had said nothing besides "Open the door"—when he struck me, fell down into Micheli's room—he then retired into his own room—while was lying down inside Micheli's room, I received three stabs—he followed me into the room, and stabbed me in the shoulder—it was in that room I received the stab—Micheli's room is next to the prisoner's—I laid on his bed—Micbeli had told me to go away, and not rap at the prisoner's door—I only had my shirt on—after I was stabbed, I put on my browsers—as soon as Micheli lifted me up, the blood began to run, and I became quite insensi ble—I afterwards found myself in Bartholomew's Hospital.
Cross-examined by MR. PAYNE. Q. How long have you known the prisoner? A. About two years—he comes from Italy—when we lived in Leather-lane, he has been away of a night, and left me to sleep in the same room with his wife—another young man was there too—that is about a year ago—I did not call the prisoner a bastard on the night in question—he goes by that name, but I do not think I called him so—I did not, when the door was opened, rush at him, and seize him by the throat, that I swear, nor did be stab me to get loose—I think I laid hold of him after he struck me, and followed me into Micheli's room—I wanted to go into the room to tell him not to make a noise—I did not want to punish him for quarrelling with his wife—I was just running up to the door when he opened it—I never went in—I advanced towards it—I did not say that morning that I would have a quarrel with him before night—I swear that—he stabbed me in Micheli's room—Micheli was there—he stabbed me once before I got into the room—-1 and his wife used frequently to go out together to buy things—I do not know whether he was jealous of me—we have had no words about his wife—we have had a few about business—when his wife and I have gone out, it has been by his permission—we have only gone down the street to buy paint, or mould, or anything.
GUISEPPE MICHELI (through an interpreter,) I live on the same floor as the prisoner-—I heard the prosecutor knocking at the prisoner's door, and saying he wanted to come in—I asked him what he wanted, knocking at the door—he said he heard Luchesi speaking against him, and he said, "Open the door, because you are speaking against me"—he began to knock at the door terribly, and said if he did not open it he would burst it open—the prisoners wife told her husband to open the door, to see what was the matter with him—after he opened the door, Mazzolini ruahed in to him just like a lion—I did not see any more, as I did not go into the room, but I heard them making a noise, and struggling—the wife and child were screaming—I could not hear the exact words—I am sure that Mazzolini rushed violently into the prisoner's room—I had persuaded him to go to bed, but he would not—I had not heard what was passing between the prisoner and his wife before Mazzolini rushed in—it was not a noise that disturbed me—my door is about half a yard from theirs, and I should be more likely to have heard than Mazzolini up stairs—he was the worse for drink—the prisoner
did not stab Mazzolini in my room—I saw him come out bleeding terribly—he wanted to pull the prisoner out of his room, and said he should not sleep there that night—they were wrestling and struggling together in the passage and he staggered against my door, and burst it open—I am sure I saw him go into the prisoner's room.
JOSEPH GOUELLI (through an interpreter.) I lodge in the prisoner's root I was in bed, and saw nothing of this transaction till Micheli called me out of my bed—I saw the prisoner and prosecutor in the room, and one was bleeding.
LUIGI DONNINI . I lodge on Saffron-hill, and slept in the same bed with Mazzolini. He went down stairs in his shirt, and returned all over blood—(before he left the room I had heard somebody talking, but I do not know what it was)—I helped him on with his trowsers.
Cross-examined. Q. Did you hear Mazzolini that morning say anything about the prisoner? A. Yes—I do not know what it was—he talked about him—he did not say he would have a quarrel with him before night, or that he would be revenged on him—he did not say anything.
JAMES FOY (City police-constable, No. 40.) About three o'clock in the morning of the 6th of Sept. I met Mazzolini, Dominico, and Micheli, in West-street—Mazzolini was quite saturated with blood—he was conveyed to the hospital by the other two—he had fainted from loss of blood—I went to Sunfron-bill, and found the prisoner's wife and child in the bed-room—the prisoner was not in the house, that I could discover—I saw some blood in the prisoner's room—the major part of it was lying within the door-cheeks, at the entrance, and some had sprouted right over the room—I also saw a great quantity of blood in Micheli's room, and up the stairs—I found Gouelli is bed, and his door locked—I apprehended Donnini, and another constable book Micheli—I then apprehended Mrs. Luchesi and Gouelli—most of the blood was within the entrance of Luchesi's room, but there was comparatively way little in that room to what there was in Micheli's and the prisoner's rooms—it did not appear that Mazzolini was inside the prisoner's door—the blood appeared to sprout forward from the wound—the major part of the blood was within the door, and some had sprouted nine or ten feet within the room.
Cross-examined. Q. Did he say anything? A. He said Mazzoloni had got him by the throat, and he poked him with the knife to make him go his grasp.
ARNOLD JOHN BURMESTER . I was house-surgeon at Bartholomew's-hospi tal, but now live in Stanhope-street, Regent's Park. Mazzolini was admitted into the hospital on the 6th, about three o'clock in the morning, under the case of my colleague, Mr. Currie, who is now in Ireland—I believe I saw the wound on the third or fourth day after his admission, but I am not certain, a he was not under my care till the 18th, when he was convalescent, and I did not particularly notice the wounds at that time—I examined him at the Police-court—the first wound, or the scar of it, was on the right side, just above the clavicle, or collar-bone; one round the left shoulder; one in front, on the top; and one on the posterior part of the lower shoulder; he also had a scratch on the forehead—the first wound was decidedly dangerous—I do not know the depth of it—it was situated in a part where there are very important vessels and nerves, vessels carrying blood to the head and returning it to the body—considering the quantity of blood the man lost, it must have been of
some depth—it was caused by some sharp instrument—the other wounds were superficial—they were of the same date, but must have been made by different blows, and the position of the parties was most likely altered in straggling.
JAMES FOY re-examined, I found blood up in Mazzolini's room, and on his bed-clothes—the doors of the prisoner's and Micheli's rooms are contiguous, and open at right angles—there were about two or three ounces of blood in the doorway of the prisoner's room—it did not extend a foot into the prisoner's room—it did not appear to have run along the floor after it fell from the man—the door opens into the room.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 29.— Confined One Year.
NEW COURT.—Monday, October 23rd, 1843.
Fifth Jury, before Edward Bullock, Esq.
2904. HARRIET KEENE was indicted for knowingly and feloniously receiving, of an evil-disposed person, on the 11th of Oct., 29 plates, value 7s., the goods of the Right Honourable Sir James Lewis Knight Bruce, and others.
MR. LUCAS conducted the Prosecution,
THOMAS GREEN . I am a broker, and live in Clement's-lane. On Wednesday night, the 11th of Oct., a female came and offered six plates for sale, for 6d.—I saw the crest of the Honourable Society of Lincoln's Inn in the centre of them, and I detained them—shortly after the prisoner came with the person who brought them—the prisoner said, "What is it to do about these plates? they are my property"—I said, "They belong to the Honourable Society of Lincoln's Inn, I must retain them"—at that time a policeman came, who I had sent for—the prisoner said she had sent them by the woman—she lived three or four doors from me.
Cross-examined by MR. PAYNE. Q. Were they brought for sale or pledge? A. Sale—she said, "Will you buy these for 6d. till Saturday night, and I will give you 7d. for them back again?"—the prisoner was admitted to bail—I never had any plates of this sort left with me before.
THOMAS GARLAND (police-constable F 21.) I was called, and took the prisoner to the station—on the road, she told me the plates were hers, and she had had them twelve months; and at the station she said she had had them two years—a door key was found on her—she told me what place it belonged to—I went, and found twenty-three plates of a similar description in different parts of her apartment.
Cross-examined. Q. She was in custody then? A. Yes—they were not concealed—she said she was surprised at Mr. Green's refusing them, as she had sent plates there before.
JOHN LEWIS . I am butler to the Society of Lincoln's Inn. These plates belong to the Benchers of Lincoln's Inn—they are made on purpose for the society, and for no one else—we are not in the habit of letting them go out of the hall, or selling them—they cannot get out without being stolen—it is we habit of the porters to take some of the broken victuals away, and sometimes take these plates, but they always bring them back—we bad a person med Mitchelson in service there—he is dead—he used to take plates—I ve every reason to believe he brought them back—I can speak to all these plates—there are three different to the bench plates—they belong to the
centre of the hall—on these three there is "Lincoln's Inn Hall" written—the large ones have "Lincoln's Inn" on them.
Cross-examined. Q. How many plates have the society altogether? A. I should think nearly twenty dozen, for the use of the benchers alone-these were first made in 1838—Mitchelson died on the last circuit at Cambridge—the plates belong to Sir James Lewis Knight Bruce and others.
Cross-examined. Q. Where were you standing when you saw her sign her name? A. I stood at her side when Mr. Hall called her to sign her examination.
COURT. Q. Have you seen the Magistrate write? A. Yes—I know this to be his handwriting—(read)—" The prisoner says, 'The plates were bought by myself and mother at different times from the family of Mitchelson, but I never purchased any of Mrs. Mitchelson herself; I purchased them of her eldest daughter, her son, and others of her children; she was the wife of Mr. Mitchelson, a'porter in Lincoln's Inn, who is now dead.
Cross-examined. Q. Was your mother taken into custody about these plates? A. No—I was examined before the Magistrate—I did not sign any depotitions—I am the eldest daughter—the prisoner's daughter called me there—I live in Horton-street, with my mother—Mrs. Pye used to live in the woe house as my mother—I did not say anything to Mrs. Pye on the day of the hearing—I did not see her—I did not ask her to break a plate that had ben sold to her by my mother, that I swear, nor tell her that some of the plates had been sent for me to take care of, and that my husband, on seeing them, made me take them back again.
MR. PAYNE called
MARY ANN FENSTON . I was servant to the prisoner's mother about a year and a half ago—I know Mrs. Mitchelson'r daughter, Jane—she brought tone plates like these to the prisoner's mother—she said, "If you please, will you buy these plates I my father is out, and we want some money to buy some tea—I do not know etactly how many plates she brought—Mrs. Keene bought them—I saw some money paid, I do not know how much—I have seen June tell plates there more than once—I have never taken any plates to Mr. Green—he would not take them in of me—I have also taken my mother's plat to Green's.
MR. LUCAS. Q. Were you before the Magistrate? A. No—Mrs. Keene brought me here to-day—she has not talked to me about these plates—she said Mr. Green stopped my mother with the plates, when she took them to him—she told me that was the first time they were taken—I knew that—when I was at the police-office, a little boy from the shop where Mrs. Keene lives came down and told me that my mother was taken to Bow-street for taking the plates to Mr. Green—my mother's "name is Fenston—she lives in Mod-mouth-street, and is a waistcoat-maker—I did not go to my mother, my mistress could not spare me—I told Mrs. Marsh what I have told you to-day—she is not here—she keeps a little shop—she is not a fortune-teller—I did not tell her I would go and say what I knew about it—I knew what plate the little boy meant, because my mother has taken them before to Mr. Green, and left them for sixpence—I can neither read nor write—I have washed these plates many times—I know my mother has taken them to Mr. Greens two
or three times—she lias taken half-a-dozen at a time to leave for a week, to fetch them the next week—she took them from Mrs. Keene—she it no business—I went directly and told the mistress I am living with now—I have not lived with Mrs. Keene for a year and a half—no one but Mrs. Keene and Jane Mitchelson were present when the plates were brought—I first heard I was to be brought here on the Sunday after my mother was taken—Mrs. Keene came down and said I must come and tell about the plates—my mother was taken on the Wednesday—Mrs. Keene knew that I knew about the plates, because I was living with her when she bought them—she said, "You know I bought them?"—I said, "Yes, I do"—she did not giro me any thing—what I have said now was taken down in Mrs. Keene's room by a gentleman last Sunday week, and I was told I was to go to Westminster-hall—Mrs. Keene, the prisoner, Mr. and Mrs. Butcher, and Mrs. Pye were present—the gentleman asked what I knew about the plates, and put it down—I did not tell him that I had told Mrs. Marsh.
MR. PAYNE. Q. After these plates were bought, were they hidden any where? A. No, they were used—Mr. Green keeps a shop, and sells bits of iron and rags—1d. was paid for their being there a week—my mother has left her own plates there for 6d.
COURT. Q. Do you know the Mitchelsons? A. Yes, by sight.
SARAH KEENE . I am the prisoner's mother—I know the Mitchelsons—I live in the same room with my (laughter—there were some plates in the room, which came from Mitchelson's at different times—Jane Mitchelson brought them, and said they wanted to sell them, because they were in distress—the soup plates I paid 4d. a-piece for, and the cheese plates 2d. a-piece—I bought them with my daughter's money—I did not know they were stolen—I bought them in my daughter's absence, and in her presence—I cannot say on how many occasions I bought altogether—I used them—I should not have bought them if Mitchelson bad not said they were in distress.
MR. LUCAS. Q. Were they all soup-plates? A. No, tome were flat ones—I have never had provisions from Lincoln's Inn-hall—my daughter hat never had broken victuals but once—I live in Clement's-lane, I have lived there some years—I do not know that it is a practice for the persons about there to go and purchase victuals at Lincoln's Inn—I know my daughter only purchased once, by our living together—the brought the victuals in an old dish—I know these are Lincoln's Inn plates—Jane Mitcbelson brought over two plates, and said her father was on to circuit, they had not a bit of victuals to eat—she brought me over two—I turned them up, and said, "Here is Lin-coln's Inn oh them "—she said, "Yes, it is my father't perquisites; when they have a new service, the old ones are for the porters "—Mrs. Mitcheson was at the window—I turned up the plates to her, and said, "Is this right?"—the said, "Oh yes, it is Mitchelson's perquisite; the children are starving;" they had not got bread or potatoes in the house—Fenster was there.
MR. LUCAS. Q. Did not you know these are Lincoln's Inn-hall plates? No, I cannot read.
NOT GUILTY .
NEW COURT.—Tuesday, October 24th, 1843.
First Jury, before Mr. Common Sergeant.
GUILTY . Aged 25.— Confined Three Months.
RICHARD THOMPSON . I am a constable—I found the bacon in a frying-pan, by the side of the prisoner, in Harefield's brick-field, about a quarter of a mile from the prosecutor's, about half-past seven o'clock—there were two persons with him—he first said he bad not got the bacon, and at last he said he had got it, he had taken it away.
Prisoner. I did not say I took it, I knew nothing about it; another chap took it. Witness. The other man said nothing about it.
GUILTY. Aged 17.—Recommended to mercy. — Confined One Month.
2907. JAMES HOY was indicted for stealing, on the 17th of Oct., 1 net, value 4d.; 1 basket, 3d.; 5 pecks of pears, 4s.; 2 bushels of onions, 8s.; and 1 peck of apples, 8d.; the goods of Samuel Coombs, his master.
SAMUEL COOMBS . I am a market gardener, and live at Enfield. The prisoners was in my employ—I lost a basket—these pears, apples, and onion are mine—the basket is marked with my name—the prisoner had no busmen with it.
Cross-examined by MR. HORRY. Q. I believe you were in the habit of lending him a basket? A. I lent him two about a month ago—I cannot on dertake to say this is not one I bad lent him—he bought two pear trees in the garden close to mine, so that he might have got at them from my garden—I can speak to the apples, by being of two different sorts—I had not gold them—we do not sell anything at home—there were only two trees of this sort on my ground—I will not say that there are not apples of the same tort—I missed these from the heap—the prisoner has worked for me two years and two months—the pear trees the prisoner bought were of the same sort is mine—these could not have come from these trees, because I missed them from the heap—I do not know when the onions were taken—the ground on which the pear-trees stand is not separated from mine; it is part of my own ground, though let as a separate garden.
COURT. Q. Have you looked at the onions? A. Yes—I beliere they are mine, and the pears—they are not off his two trees—his own pears were gathered a month before.
JOHN GOODHALL (police-constable N 293.) I was on duty in Baker-street, at half-past four o'clock in the morning of the 17th of October. I saw the prosecutor's doors closed—I went past, and heard them slam to—I returned and saw a light in the prisoner's house, which is about 100 yards from Mr. Cooinbs's gate—I waited ten minutes, and saw the prisoner come out of Mr. Coombs's yard, with a sack on his back—he came towards me—he could not
get house—he ran to an empty garden, and attempted to that the gate—I said, "What have you got there? "—he said, "Nothing, nothing "—I said "You have something"—he said, "Only a few pears"—I took him to station—I returned, and searched bis house, and found four bushels of onions and a quantity of apples, which I took to the station—I found the pears in sack, which had Mr. Coombs' name on it.
Cross-examined. Q. Did he say where he got the pears? A. He said he bought them at the new shop.
JURY to COOMBS. Q. Did you ever sell him any pears, apples, or onions? A. No, nor gave him any.
(The prisoner received a good character.)
GUILTY. Aged 45.—Recommended to mercy. — Confined Six Months.
MR. BODKIN conducted the Prosecution.
LEWIS ADOLPHUS . I manage one of the departments of the establishment of Bins Moses and another, in Aldgate. The prisoner was their cutter, at 3l. a-week, for three years—on the 5th of Oct., in consequence of information, I sent for a police-inspector—he was shown into a private parlour—the prisoner was sent for, and I said I suspected he had property on his person belonging to the prosecutors—he denied it—the inspector said he should allow himself to be searched—he walked to a dark corner of the room, and unbuttoned his waistcoat, and three yards of silk serge fell at his feet—he said it was bad job—this is the serge.
Cross-examined by MR. DOANE. Q. Did he go olde to where the inspector was? A. Within five or six feet—I was five or six feet from the inspector—there were two candles on the table—I could see perfectly well that the serge fell from his waistcoat—before turning, he unbuttoned his waistcoat, and as he was in the act of turning, it fell.
MR. BODKIN. Q. He would, in turning, bring his back to the officer? A. No, his side.
CHARLES WALLER (City police-inspector.) I was sent for to Messrs. Moses's the prisoner was sent for—I asked if he had anything about him—he said no—in walking from Mr. Adolphus to me he turned—I heard something fall, and saw this piece of silk serge against his feet—I said, "What is this?"—he made no reply—I took it up—he said it was a bad job.
Cross-examined. Q. Did you not say you must take him and search him? A. Yes—hcsaid it was a bad job after I searched him—he was within five or six inches of me when it fell from him.
(The prisoner received a good character.)
GUILTY . Aged 50.— Confined Nine Months.
2909. WILLIAM DEASON was indicted for stealing, on the 21st of Sept., 4 yards of cotton, value 1s. 6d.; and 19 yards of calico, 7s.; the goods of Elias Moses and another, his masters; to which he pleaded
GUILTY .— Confined Nine Months.
MR. WILDE conducted the Prosecution.
saw it in the officer's hand—it was a present from my father—I saw it safe about six weeks before—this is it—I did not give it to any one.
Cross-examined by MR. BALLANTINE. Q. I believe the prisoner was living at your mother's house with a person who represented himself as the Right Honourable Thomas Adolphus Talbot? A. Yes—my mother has charged him with robbing her to a considerable amount—I was intimate with the prisoner—she conducted herself well—if she had asked me to lend it to her I should not have objected—this is the only thing I charge her with stealing—I have a sister.
COURT. Q. Do you know whether the prisoner had seen that inkstand with you, and knew it was yours? A. Yes, she had.
WILLIAM EDMEAD (police-constable V 179.) I went to Barn-cottage, Old Brompton—I found the prisoner there—in searching I found this ink-stand in the cupboard—I had taken the man, who called himself the Hoa. Adolphus Talbot, from the house that morning—when I told the prisoner I had taken her husband, and that I had found this inkstand, she said, "So help me God, I am innocent, and the inkstand I had given me by Mn. Passau's daughter."
Cross-examined. Q. Did she appear agitated? A. Not much—I had no notion of these things being missed—this room was used by both these persons.
NOT GUILTY .
Before Edward Bullock, Esq.
2911. JOHN MAJOR was indicted for feloniously receiving, on the 3rd of Oct., 5 gas-fittings called backs, value 7s.; 1 gas-fitting called a body, 3s.; 5 cocks, 7s. 6d.; and 1 metal tap, 1s. 6d.; the goods of William Henry Shepherd; well knowing them to have been stolen; against the Statute, &c.
MR. DOANE conducted the Prosecution.
HENRY CLARK . I am in the service of William Henry Shepherd, gas-fitter, in Bucklersbury. These things were taken in August—they were safe when I and the men went to dinner, and gone when I came back—there was a man discharged—on the 3rd of Oct. I passed the prisoner's shop, in Duke street, Smithfield, and saw some of these things in the window—I went with my master and the policeman to the prisoner's house—we went into the shop I point out in the window the articles which I claimed—the prisoner cam in soon after with his wife—his son said they were some of his own making—the prisoner was not there then—he came in afterwards, and slid they were his making—the wife was very angry with me, and threatened to lock me up—the prisoner said it was very proper he should know who my master was; he would make him remember it; if he got off for less than 20l. he might think himself lucky; and he had a good mind to lock me up, he would enter an action against me for perjury—we went out of the shop—we went hack, and I said it would be best to mark these things—the prisoner said no, he would not have his property marked, he would mark it himself" the policeman objected to take the things—he said it was more than he dared to do, unless the prisoner was charged—I went back to the prisoner, and the things were taken by the prisoner—he would not allow the policeman to take them—he said he would take his own property—one of them has been altered—this is it—it is called a body—I had seen it at the prisoner's abort an hour and a half before it was at the Mansion-house, and it was in a on ferent state then—there were two rings on the bottom of the body, which were my work—when I was in the shop I noticed a brass tap—it was not produced with the other things—by direction of the Lord Mayor, a person went an
fetched that Up—it had been lost at the time the other things were—it belonged to Mr. Miles, who had sent it to be repaired at my master's—I know these things—they correspond with the things lost on that day.
Cross-examined by MR. BALLANTINE. Q. What is the alteration? A. In the bottom part of it there were two small rings round the edge, and there only one now—the two hare been taken out, and one made—it does not fit true—it would only require the point of a tool to make that alteration—I did not leave any one with the property—when I went for the summons to the Mansion-house, I left the prisoner in possession of these goods—one of the things which I pointed out, and said was mine, he put into his pocket, and said it was his—he said at the Mansion-house that it was his making—the whole of these articles were in the prisoner's window—-the tap was in tie underneath part at the back of the window—I think this is my mark to this deposition—I marked it with a cross—I cannot exactly tell whether it is mine, it may be.
MR. DOANE. Q. What time in August was it stolen? A. On a Monday, at the latter end of August—I saw them between one and two o'clock in the day, about five weeks after they were lost.
WILLIAM HENRY SHEPHERD . I keep a manufactory of gas fittings in Bucklersbury—I heard of this robbery on the 28th of Aug.—Clark told me something on the 3rd of Oct.—I accompanied him to the prisoner's shop in Duke-street, Smithfield—I saw the whole of these articles in his window, and considered that they were my property-—I have no doubt about them—this brass tap I had to repair—I afterwards saw the prisoner—he said they were all his own making—I came away, and got a summons—the Magistrate sent the officer with my man to get them—I afterwards saw the tap produced—the prisoner said he could bring the man forward that he had this tap of.
Cross-examined. Q. Did you recollect at the Mansion-house, that the prisoner said he had made these articles? A. Yes—he said he bought the eastings at Frost's, and made these articles himself—I know Jvost—I Wrote to him about them.
JAMBS ARTHUR MILES . I am a wholesale brass founder and ironmonger—I sent this tap in Aug. to Mr. Shepherd, to have a new key put to it—I know it to be mine by this cork, and this pin—the Lord Mayor sent me to the prisoner's house—I took it off a shelf there, and went to the Mansion-house, and stated in the prisoner's healing that it was mine.
WILLIAM CHIIDS ( policeman.) I went to the prisoner's shop by order of the Lord Mayor, with Mr. Miles, for this tap—I found it on a shelf close to the window—the prisoner said a person had sent it to him to be repaired, and he could produce the person he had it of—the Lord Mayor granted him a remand, to give him an opportunity of doing so.
Witness for the Defence.
JOHN VINCENT MAJOR . I am the prisoner's son—my father has carried on business there about three weeks—we had removed from Snow-hill—I purchased part of these articles of Mr. Frost, of St. John Vsquare—I did not we the others purchased by my father—I was working at home with these when my father went for the other part—he brought back the whole of them—Frost had not been to my father's house—Frost is a founder of articles of this description—I have been in the habit of dealing with him for articles of this description for a number of years—our boy goes for them sometimes, and sometimes our man—I have not been to Mr. Frost's since this charge—his
name was mentioned at the Mansion-house, and inquiries invited about him—I did not buy any of these articles from one of Mr. Shepherd's men—I do not know his factory—at the time I received these, I had no suspicion that they were stolen, and nothing was said to lead to that suspicion.
MR. PAYNE. Q. Is not Mr. Frost in a large way of business? A. Yes and casts for half the persons in London in our line—T have no reason to believe that he is a man that goes about buying these things, or stealing then—I bought these more than two months ago of one of Frost's shopmen—I do not know his name—I had a bill of them—they were all bought at the same time—I paid 1s. a pound for them—I cannot say how much I paid altogether—I bought them before dinner—none of these have been altered from the original pattern—I turned them partly at Snow-hill, and partly at Duke street—these are the only ones I bought—I was up at the Mansion-house—I was not examined as a witness—I cannot tell whether these two bodies (look ing at them) did not come out of the same mould—I never was in the foundry myself—we buy our work all new, and turn them ourselves—when I bought this one, that I worked upon, it was in the same state that the rough one a in except this knob—I did not hear Mr. Frost say anything at the Mansion. house about this—I will swear to this body being one of Mr. Frost's patterns.
ROBERT BARBER . I am a brass-founder and finisher—I happen to be in this court—I know Mr. Frost's work—I have no hesitation in saying that these things came from Mr. Frost's foundry—I could go and buy ten of these in an hour, and finish every article so that no one could tell it from this one—a person would buy them in this rough state, and if he tuned them, he would say it was his manufacture.
MR. PAYNE. Q. Where do you carry on your business? A. In Pulteney terrace, Barnsbury-road—I do not know anything of the prisoner.
MR. BALLANTINE. Q. Did you buy these in a rough state? A. Yes—all these articles would require the same sized chuck to work them.
NOT GUILTY .
2912. ALEXANDER HALL and FREDERICK LUCAS were indicted for stealing, on the 29th of Sept., 1 handkerchief, value 2s.; the goods of John White, from his person; and that Hall had been before convicted of felony.
JOHN WHITE . I live in Gracechurch-street. On the 29th of Sept. I was in Holborn about a quarter past eight o'clock at night—I saw the prisoners walking behind me—the policeman came and asked me something—I then felt in my pocket, and missed my handkerchief, which I had had about half an hour before—it has not been found.
Cross-examined by MR. PAYNE. Q. Were you walking with another person? A. Yes—I happened to look round, and saw the prisoners about a couple of yards from me.
JOHN RUSSILL (police-constable G 165.) I saw the two prisoners following the prosecutor—when they arrived at the corner of Bartlett's-buildings, Hall lifted up the prosecutor's left-hand coat-pocket, drew the handkerchief out, and handed it to Lucas—they both ran away towards Field-lane—I went after the prosecutor—we then went down to where the prisoners lived—I saw prisoners again—they were about to enter the house—I said I wanted for stealing a handkerchief—Hall said I was just too late—I took them the station, and afterwards to Smithfield—I never found the handkerchief.
Cross-examined. Q. Arc you quite sure Lucas was the person you saw
with Hall behind the prosecutor? A. Yes—I was on the opposite side, about twentyyardsfrom them—I could see distinctly who they were.
Hall's Defence. The officer has stopped me two or three times when I have been selling articles; it is only spite.
(Lucas received a good character.)
HALL*— GUILTY . Aged 21.— Transported for Ten Yearn.
LUCAS— GUILTY . Aged 20.— Confined Four Months.
ARTHUR ATKINS . I am a grocer, and live at Coventry. On the 26th of Sept. I was in Princes-street, by the Bank, about four, o'clock—I felt something in my pocket, and at the same time a gentleman behind me told me something—I turned, and saw the gentleman with the prisoner in his custody—he said, "This man has taken your purse"—I saw the purse lying in the street—I picked it up, and the prisoner was given into custody—I delivered the purse to the policeman—this is it—it contained 15.—it was in my coat-pocket not more than a minute before.
Cross-examined by MR. PRENDERQAST. Q. Where had put your purse? A. In my inside left-hand coat-pocket—I could not get it into my usual pocket—it was at the bottom of my pocket, and something over it—my handkerchief was not in the same pocket, and I felt something which I believe to be a man's hand in my pocket—I had taken 6d. just before for an omnibus from the same purse.
JOHN RATCLIFFB . I am a silk manufacturer, and live in Wood-street, Cheapside. I was walking in Princes-street—I saw the prosecutor crossing from the opposite side to Princes-street, the prisoner and two others following him—one person whispered to the prisoner, and they walked on very fast to overtake the prosecutor—just as they got to the corner, one got on one side of him, the prisoner close behind him, and the other behind the prisoner—I observed the prisoner lay hold of the gentleman's pocket with his right hand, and take something out—he turned round, and I took him by the collar—I saw the purse in his hand, and saw it drop—the prosecutor picked it up—I called to the prosecutor, and some of the prisoner's friends tried to get him away from me, but I kept him till I met the officer.
Cross-examined. Q. Was there not some other person between you and the prisoner? A. I am positive there was not—I was about three yards from the prisoner—it was broad daylight—the two other men ran away, but I caught him instantly, and he had removed the purse from one hand to the other.
GUILTY . Aged 18.— Confined Six Months.
JAMES BERRIER . I am in the employ of Mr. Jacobs, a fruit-salesman, in Farringdon-market. On the 23rd of Sept., a little after eight o'clock in the evening, I saw the prisoner and another one—they were about the stand for nearly three hours—I saw them take a basket of walnuts away—they took it in to Stouecutter-street—I went after them, and took the prisoner—the other
man dropped the basket, and ran away—I kept the prisoner and the bask of nuts—they were my master's—I had seen the prisoner about the market—when I took him, I said, "You have done wrong," he said, "It is no use to deny it, I must suffer for it."
Cross-examined by MR. PAYNE. Q. How far had they got with basket? A. From twenty-five to thirty yards.
THOMAS BROWN . I am watchman at the market. I saw the prisoner and another standing near Mr. Jacobs's stand, and then I saw the prisoner and tie other man take this basket out—I crossed, and ran after the other one, but got away.
NOT GUILTY .
HENRY WATERFEILD . I am in the employ of Mr. George Hawkins and another, of Beech-street, Barbican. Between three and four o'clock in tie afternoon of the 3rd of Oct. I was outside the shop—I saw the prisoner tab this gown from inside the door—she put it under her shawl, and walked away—I stopped her two doors off.
HENRY EDWARD STREET . I was in the shop—I went out and saw the prisoner, and sent for a policeman to take her—I saw the gown taken from under her shawl—she asked me to let her go—she tried to get from me—it it my master's property.
GUILTY . Aged 27.— Confined One Month.
HANNAH HEATH . I am a widow, and lire in Back-hill, Hoi born—I but, from time to time, employed the prisoner—on the 21st of Sept. she been washing, and was leaving my house about ten o'clock—in consequence of suspicions, I asked what she had got about her more than she had when she came in, as she looked larger—she said, "Nothing "—I said, "Turn your pocket, and let me see"—she turned two collars and three caps out of her pocket, which we're mine—she said if I would search her I should have a policeman—I said I would, and then she turned out these things—I had missed a great many things at different times.
(Property produced and sworn to.)
GUILTY . Aged 27.— Confined Three Months.
NEW COURT, Wednesday, October 25th 1843.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 21.— Confined One Month.
(The prisoner received a good character.)
The prosecutor did not appear.
NOT GUILTY .
SARAH PADKIN . I am single, and live with a lady eighty-eight years of age, named Ann Hollem, in Wilson-street, Somers-town. On the 15th of June, I let the front attic to the prisoner—Mrs. Hollem keeps her things in a lumber-room adjoining the prisoner's—the first suspicion I had was from a box being broken open—I afterwards missed four seta of window-curtains and chair-covers and scarfs—these are them—they are Mrs. Hollem's.
Prisoner's Defence. I was in great distress.
GUILTY. Aged 47.—Recommended to mercy. — Confined Six Months.
Before Mr. Justice Wightman.
MR. DOANE conducted the Prosecution
RICHARD BRAXTON . Iam servant to a brewer, and live in Kent-street, Haggenton. The prisoner lodged in my house in 1840 and 1841—in April, 1841, he owed me 4l., which I asked him for—he said it was not in his power to pay me at present, but his brother-in-law would accept a bill, if I would take it—I inquired his brother-in-law's character, and if he was a responsible man—I found be was—the prisoner took me to the Elephant and Castle, and showed me some bouses which he said belonged to his brother-in law, Mr. King—a few days after, he said he would get his brother to accept a bill—in the evening he brought this bill for 10l.—I gave him 6l. difference—I then lost sight of him for nearly three months—he went away, and gave no notice—I never eaw him again till the 2nd of October.
Cross-examined by MR. JONES. Q. Did he stay nearly three month after he gave you the bill? A. Yes—I can read very little—I kept the bill good while after I received it—I paid it away to my employer, Mr. Thaekeray a week or two before it came due—I received it back again in about three days—I kept it in my pocket—I had no other bills—I presented it for payment to Mr. King when it became due—the prisoner was a weekly lodger—I swear he had not given me any notice—I met him again in Kennington-lane—I did not ask him for 19l. that he owed me—I said I had got him, and would hold him fast—I did not ask him to give me a fresh bill for 19l. 4s. which he owed me—that was proposed to me, and a friend of mine, named Taylor, agreed to do it—I agreed to take Taylor's bill—I did not say a word about the forgery at that time—a bill stamp was sent for; and while the prisoner was drawing the bill, Taylor said he should decline to accept it, and it was upon that I gave the prisoner into custody for forgery—he owed me 18l. 4s. 10d. for board and lodging, including the 10l. bill—if Mr. Taylor had accepted the bill I should have let him go—I did not make any inquiries of Mr. King before I took the bill—I did not know Mr. King.
Clapton. The acceptance to this bill is not in my handwriting—I have every reason to believe that I authorised the prisoner to accept it in my name—I have reflected upon it since I was before the Magistrate—I have done similar things for him before.
NOT GUILTY .
2921. DANIEL MURPHY was indicted for feloniously uttering a forged request for the delivery of 24 mortice locks, well knowing it to have been forged, with intent to defraud David Boobbyer and another.
JOSEPH HURST BOOBBYER . I am an ironmonger, and live in Stanhope-street, in partnership with David Boobbyer. On the 14th of August, about ten o'clock, the prisoner came to my shop, and brought this order for some locks—I told him he should have them next day, if he called—I could not get them ready that day—he went away, and came next day—I told him he could not have them all—I gave him some then—he came in the afternoon, and had the rest—I handed him two dozen locks altogether, worth 9l. 12s.—I was induced to let him have them in consequence of this order, purporting to be Samuel Arch butt's, whom I knew.
SAMUEL ARCHBUTT . I am a builder, and live in Orkney-square, Chelsea. I never saw the prisoner before he was at the police-office—this order is not written by me, or my authority—I had none of the goods named in it.
Prisoner. I sent for West to the prison, and told him where Donoghue lived, who worked for Mr. Archbutt, and gave me the order. Witness. Yes, he did.
prisoner's Defence. On the 14th of August, I met Daniel Donoghue in the Minories; he asked if I was at work; I said I was going to look after a job; he asked what I earned a day; I said, if I had plenty of work, I could earn 9s. or 10s.; he said he would give me 5s. for that day; he said he was sent for some locks, and did not like to go into the shop, as he owed some money which he could not pay at present; he gave me an order for 2 dozen locks; he showed me the shop, and said, "If he asks you where they are going to, say to the Edgware-road;" I came out, and told him what was said; he said, "Very well, you must go in the morning for them;" he took me to a house in Chelsea; we had a pint of beer; he went out, came in again, and gave me an order from Mr. Archbutt to Mr. Nettleton, for a dozen locks and a saw; he said, "If they ask you where they are going to, say to Oxford-street;" he then told me to meet him at the corner of Newman-street, which I did; he took me to a house, and told me to wait till he came back; he gave me 5s., and told me to meet him next morning, which I did; he gave me a basket, and told me to go to the prosecutor for the locks; I got 1 dozen, and was told the rest would be ready at three o'clock; I saw Donoghue in the Strand; I gave him the locks, and told him; he said, "Go for them in the morning;" I went with him to Chelsea; stopped in a public-house till two o'clock; he then sent me for the locks, and said I was to meet him there, which I did; he gave me 5s., and I gave him the locks; next day he came to my house, and sent me to the prosecutor's for 6 brass locks, and gave me a basket; I got them; I met Donoghue again about five o'clock; I gave them to him, and he said he must work late that night to put them on the doors; he gave me 4s. 6d.; on Thursday morning I went to market, and was
told that Donoghue wanted me; I went to Aldgate church, and saw him; he gave me an order to go to Mr. Woods, and he refused it; I went to Donoghue's house, and told his wife that I did not get them; Donoghue came to me the same night; I told him; he said, "Never mind, I will call myself to-morrow morning;" he paid me 5s. 6d., and said he would try to get me constant work at Mr. Archbutt's; he went away, and I have not seen him since; I told the officer where he lived in Chelsea. I throw myself on your mercy, for the sake of my wife and children, solemnly declaring, I have been the innocent victim and dupe of Donoghue—he worked for Mr. Archbutt.
MR. ARCHBUTT re-examined. I believe I know Donoghue—he went by the name of Dan—I know no other name for him—he worked for me for years, but I believe he was not in my service on the 14th of August.
WILLIAM WEST re-examined. The prisoner stated that that man sent him, and he wrote to me to say he had got information that Donoghue lived in the New-road—I found there was a Donoghue who lived in the New-road—I went several times, but I did not find him at home—he did not tell me the number—I ascertained that from a cabman who drove the prisoner.
GUILTY . Aged 29.
2922. DANIEL MURPHY was again indicted for feloniously uttering, on the 14th of Aug., a certain forged request for delivery of goods, to wit, for delivery of 12 brass locks and I saw, well knowing it to be forged; with intent to defraud Joshua Nettleton.
SARAH NETTLETON . I am the wife of Joshua Nettleton, an ironmonger, in Sloane-square, Chelsea. On the 14th of Aug., between two and six o'clock, the prisoner came, and presented me with this order from Mr. Samuel Archbutt, whom we did business with—he said he came for these locks, which were on the paper—I looked them out—the order says brass locks, but I did not give him brass, I gave him twelve locks, such at Mr. Archbutt generally had of me—they were worth two guineas; and I also gave him a saw—I asked him where they were for—he said, "For a job in Oxford-street"—we generally ask where the things are for, to put them in the book.
Prisoner. You asked me who wrote the order; I told you one of the carpenters. Witness. Yes, he said Mr. Archbott did not fill it up himself, but the foreman of the carpenters—nothing was said about the signature, as it was a printed order, so I did not notice the writing.
SAMUEL ARCHBUTT . This order is not written or signed by me, or by any one in my employ, or by my authority—my foreman or workmen never give such orders, to my knowledge—the foreman had no authority to sign my name to an order—I gave him authority to get me goods from this shop when I wanted them—my name has never been signed by the foreman—(order read—" Lownds-street.—Mr. Nettleton, Deliver bearer brass locks, six right-hand, six left-hand looks, and one saw, for Samuel Archbutt.")—These orders were kept in my counting-house—the foreman could get them, as he had a key, but no other person could, except my son.
Prisoner. You authorised Donoghue to fill that up. Witness. No.
COURT. Q. What description of workman was Donoghue? A. A journeyman-carpenter—he had no authority to get goods—he was not in my employ on the 14th of Aug., nor within a month of that time—there was a possibility of his getting into the place, and getting one of the orders in blank—the men might have been sent in by the foreman to get some nails, and have taken them.
Prisoner's Defence. I told the Magistrate to send an officer to Donoghue's house; I sent for West to go to him, but he has left his home, his wife and children.
GUILTY . Aged 29.
2923. DANIEL MURPHY was again indicted for feloniously uttering, on the 16th of Aug., a forged request for the delivery of six brass locks, well knowing it to be forged; with intent to defraud David Boobbyer and another.
DAVID BOOBBYER . On the 16th of Aug., about three o'clock, the prisoner came, and gave me this order for six brass locks, signed, "Samuel Archbutt's—I gave him the locks directly, without asking him about it, because I thought they were for Mr. Archbutt.
Prisoner. I told the officer if he would go to the New Road he would find the man. Witness. He did when he was taken to Bow-street, but when I took him, he denied all knowledge of it, and said his name was not Murphy.
GUILTY . Aged 29.— Transported for Seven Years.
2924. REUBEN BARNETT was indicted for burglariously breaking and entering the dwelling-house of Wynn Ellis and others, about the hour of four in the night on the 25th of Sept., at St. Gregory by St. Paul's, with intent to steal, and stealing therein, 1 bag, value 10s.; and 175 handkerchiefs, 25l., their goods: and JULIA BARNETT , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
JOSEPH DAVISON . I am in the employ of Messrs. Wynn Ellis, Everington and Howell, silk-mercers, in Ludgate-hill, and St. Paul's Churchyard. I do not sleep on the premises, but many persons do—on Monday, the 25th of Sept., there were a quantity of Bandana silk handkerchiefs in the ware-house, and in another part of the premises some carpet-bags—there is a little court, which leads out of Carter-lane to the back of the premies—there are some iron rails and spikes at the corner, and adjoining these a water-spout which leads to the top of the house—if a person got by means of the spout to the top of the house, he could get to a window on the leads—I do not know whether that window was fastened inside or outside—when I came to the house on Tuesday morning, the 26th of Sept., I missed twenty-five pieces of Bandana handkerchiefs from the warehouse—I know the patterns of them—I examined the premises at ten minutes to nine—I found some desks had been broken open in the counting-house, and violence had been attempted at the door of the strong room, with instrumens—I have since seen ten pieces of Bandana handkerchiefs, which I believe to have been taken from the house—they do not bear any marks of our house—I can speak to the patterns of the whole of the handkerchiefs—I had handled them the night before the robbery—(examining them)—they were of this quality—I believe them to be the goods which were taken—I am a buyer of goods of this sort.
Cross-examined by MR. WILKINS. Q. What is your department? A. A buyer of Bandana and fancy handkerchiefs—I sometimes sell when the others
are engaged—there are eighty or ninety young men in the selling department—if I had never heard of the robbery, and had seen these ten pieces of Bandanas, I should have known them—I could not have sworn to them until I had ascertained whether I had these in the stock—there is a mark on them—"Richard Waiford" is on one side, and a cross on the other—ours is not the only house for which Richard Walford prints—sometimes 100 pieces are sold upon our premises in a month, sometimes 500, and sometimes 20 pieces—ours is a wholesale house only—there are some cheveaux-de-frize that a person would have to get up to our premises—I was shown the window by which the party entered—I do not know on what floor it is—it is not in my department, it is in the premises behind—I think it is on the third floor—the cheauxde-frize is about nine feet high—they would have to ascend that, and walk along the leads—I do not know how they could ascend to the window—it is an upright wall—there had been great violence on the door of the strong room, from the lock being pressed against—about fifty persons sleep on these premises, about thirty yards from the window which was entered—there is no door between this window and where they were sleeping.
JOSEPH GIBSON . I am in the employ of Ellis and Everington. It is my duty to see the premises secured over night—the usual time for closing the warehouse is half-past seven o'clock, but when we get done, for me to go round, is quite uncertain, it may be two or three in the morning—I cannot say whether the window in the roof at the back of the premises was fastened or not—I went all through, and saw the window closed—on going into the warehouse the following morning, about twenty minutes to eight o'clock, I saw the goods disarranged, and eight desks broken open—the other parts of the outer part of the premises were secured, as I had left them—there never was any property in the desks, to my knowledge—I always understood it was kept in the strong room—I did not miss any Bandanas from where they had been kept—the property had been disarranged—Richards had been to the window before me—I saw the window at half-past eight o'clock—it was open then—I found the lock of the strong room had been broken, and they had attempted to bore with an instrument—I found a key that had been kept in one of the desks in the counting-house—it had been taken from there, and laid on the floor, by the door of the strong room, with some lucifer matches, which were not there the night before—there were also some lucifer matches up stairs, near to the handkerchief room—the premises are bounded, on Dean's-court side, by the garden of the Bishop of Llandaff—there was a piece of rope found on the leads, close adjoining the Bishop's garden—it was not there the night before—there were marks on the water-pipe—the dust which had accumulated had been rubbed off, as if a person had slid down the pipe—I went down the pipe myself the next night—I had observed the dust was rubbed off before I slid down.
Cross-examined. Q. Did you get up the pipe? A. No—I observed the dust-marks about eleven o'clock in the morning of the 26th—there were three of us outside, to see if we could trace any marks, and Allen, one of the shopmen, pointed it out to me—he is not here.
AMOS MERRITT (City police-constable, No. 106.) A few minutes before eight o'clock on Friday, the 29th of Sept., I went to Mr. Sowerby's, a pawnbroker, in Chiswell-street, in consequence of information, and saw Reuben Barnett there—the pawnbroker had this piece of handkerchief in his hand—he stated, in Reuben's hearing, that he had come to pawn the piece of handkerchief, and he had suspicion he did not come by it honestly—he delivered the goods to me—I took Reuben in charge—he said the goods were his, and he could show fifty more pieces of the same description at home—at the station
he gave his address, No. 14, Harrow-alley, Houndsditch—it was his true address—I went there with him—I did not find any other pieces there—I brought him out of the pawnbroker's, the witness Ryan came up and spoke to him—he told her to go home, and tell her mistress not to be frightened—I went again to the prisoner's house on Saturday, between twelve and one o'clock, and apprehended Ryan.
STEPHEN LUKER . I drive a cab, and live in Store-street, Edgeware-road—about two o'clock on Tuesday morning, the 26th of Sept., I put on to the stand at the corner of St. Paul's churchyard—I was asleep on my box—between four and five o'clock I was awoke by Reuben Barnett, who shook me by the leg, and said "Hoy"—I jumped down to let him into the cab—he said, "No, I will get up on the box with you"—he got up—I went down Ludgate-hill—I could not get the other way—when I got a few steps, I said, "Where to?"—he said, "Down here," which was down Creed-lane—he turned me to the left, which would lead me into Carter-lane—he stopped me just a I got within six or seven yards of Dean's-court—he got off my box before I got to the corner, and told me to stop—there is a gateway there—he went round the corner into Dean's-court—he returned in half a minute with a carpet bag—he opened the door, and put it in the cab, and got on the box with me again—he ordered me to drive to the Angel with it—I said, "The Angel, Islington"—he said, "Yes"—I went straight along Carter-lane, round Paul's-chain, up Aldersgate-street—when I got to Goswell-street-road, instead of letting me go straight up, he crossed me into St. John's-street-road—I came out in a line with Exmouth-street—he crossed me over to the left of St. John's-street—I do not know the name of the street—he did not stop at any house—it was then about five o'clock—he stopped me, got off, and gave me a half-crown—he did not ask my fare—he opened the door, took out his bag, and went away up the street, at the corner of which I set him down—I have not a doubt that he is the man—on the following Monday I was taken to see him at the Giltspur-street Compter, in a yard, where the prisoner was among many more—I knew him at once, and picked him out from among the rest—he is the man.
Cross-examined. Q. What part do you come from? A. From Oventon, in Hampshire—I began cab-driving last Christmas—I left off for a few weeks, and took to it again—I left my place because I did not take money enough to satisfy my master—that was all he accused me of—I was out of employ about five weeks—I left Hampshire because I got a situation to drive a builder's cart in London—I was carter at different farms in Hampshire—I lived at one farm five years—I have been in London four years next Christmas—I had never seen Reuben Barnett before that morning—I went to Giltspur-street with a policeman—he did not go into the yard with me—no one did that I saw—I did not look round till I came out—I did not see any one go in with me—when I turned round, I will not swear there was not one; but I did not see one—there were about five or six persons in the gaol-yard—there might be more—the policeman did not say anything to me about a Jew—I do not remember it—he asked if I thought it was an Englishman—I said I did not think it was, because he talked broken English the morning he was with me—if he said he looked like a Jew, I have forgotten it.
MR. CLARKSON. Q. When you put the prisoner down, had you some conversation? A. I looked at him when I answered him any questions—I observed his features and countenance—I have never been charged by any one else with any offence or misdemeanor.
Sept., it was shut down—about a quarter to eight o'clock the next morning I found the window a little ajar—by opening that on the outside, a person could get in—I saw a rubbing down the water-pipe.
GEORGE WARDLE (City police-constable, No. 325.) I gave information to the pawnbrokers to stop property of this description. On Saturday, the 29th, I found seven handkerchiefs at Mr. Russell's—I took the female prisoner into custody on that Saturday, outside the office in Guildhall-yard—I told her I took her for pledging some property stolen from Mr. Ellis—she said she had not pledged any—on the following Tuesday I went to Reuben's house, and found this carpet bag behind the door in the parlour—Reuben was then in custody.
Cross-examined. Q. Do they sell carpet-bags? A. They do—tis mark implies 7s. 6d.—we sell some thousands in a year.
MR. CLARKSON. Q. Have you the charge of the place where the carpet-bags were? A. Yes; it would be impossible to miss one out of their stock.
HENRY BILLSON . I am assistant to George Barker, a pawnbroker, in Houndsditch—I produce 2 pieces of Bandana silk handkerchiefs—this piece was pledged by Julia Barnett, on the 28th Sept., in the name of Ann Levy, Cutler-street—the other piece was pledged the next day by Ryan, for her master, Mr. Barnett, Cutler-street—I did not take it in myself, but I was in the shop, and had it in my hand.
Cross-examined. Q. Had you known Julia before? A. Yes, I had served her more than once before—Harrow-alley is about ten minutes' walk from our shop—I did not know she was Mrs. Barnett—I believe she gave the name of Levy.
GEORGE ARNOLD . I am a pawnbroker, and live in High-street, Shoreditch—I produce a piece of silk handkerchief, pledged at twenty minutes past one, on Friday the 29th of Sept., by Julia Barnett, in the name of Ann Jones, 20, Union-street—she said they cost her 28s.—I asked if they were her own—she said, "Yes"—I asked for a wrapper for them—she said there was no occasion, she should redeem them at night.
WILLIAM WAGG . I am in the service of Mr. Dexter, a pawnbroker, and live in Union-street, Spitalfields—I produce a piece of silk handkerchief, pawned on 29th Sept, at eight in the evening, for 15s., by Reuben Barnett in the name of John Levy, Shepherd-street.
BENJAMIN SCHROEDER. I was in the employ of Mr. Sowerby on 29th of Sept.—I had this piece of handkerchief offered to me by Reuben Barnett—I asked him some questions—I was dissatisfied with his answers, and went down to the station-house to get a description of the handkerchiefs that were lost—I stopped Reuben Barnett—he asked me 25s., which was more than they were worth—I asked what he was—he said he dealt in these kind of things—I said, "You must know you are asking me more than the manufacturing price"—he then asked what I would lend—I agreed to lend him 15s.—he agreed to take it—I desired him to come round to the counting-house, while I went to inquire the value of them—I then went to the station, and went back to our house—it was a busy time, and there were a great many people assembled
at the time, and Reuben was trying to push through them—he came out of the counting-house to the shop, then went back to the counting-house, and turned the key of the counting-house door—I had left it locked—the key was inside the door—I detained him.
Cross-examined. Q. When you came back, where did you find him? A. In Chiswell-street—when I left him in the counting-house, he promised to stop there—the counting-house adjoins the shop—the door to the shop was not locked.
JOHN ORBELL . I am in the employ of Mr. Attenborough, a pawnbroker, in Crown-street, Finsbury. I produce 3 pieces of Bandana silk handkerchiefs—2 pieces were pledged on 28th of Sept., one piece by Reuben, in the name of Henry Levy, 2, Sweet Apple-court, Bishopsgate; one piece by Julis, in the name of Ann Josephs, 12, Union-street; and one piece pledged by Ryan, on 29th Sept., for Mrs. Levy, Cutler-street.
LEONARD WILSON . I am assistant to Mr. Russell, a pawnbroker in Fore-street. On Thursday, 26th Sept., I received a piece of silk handkerchiefs from Julia Barnett, in'the name of Ann Josephs, 12, Union-street, Spitalfields.
ELIZABETH RYAN . In Sept. last I was in the service of Reuben Barnett. About eight on Tuesday morning, the 26th of Sept., two young men came to my master's house, and stopped till my master came home at one—he had gone out at seven—he sleeps up stairs in the second pair back room—I sleep in the shop going over the front way—my master can leave the house, if he pleases, without my knowing it—he would not pass through the shop—my master knocked me up at seven o'clock that morning—the two men had some cakes and some gin at my master's—they staid till about four in the afternoon, when my master and they went away together—my master returned alone about six—one of the young men returned about eight that evening with a carpet bag like this, which appeared to be full and heavy—he staid about an hour, and left the bag and its contents behind him—my master and mistress went out with him—in about half an hour my master returned—he went in to count the handkerchiefs—I said, "The young man has left his bag behind"—my master said, "The bag belongs to me"—the handkerchiefs had been taken out in the parlour before the man went away, and piled on two chairs—Julia helped them to count them—there were twenty-nine pieces, and two single ones of different patterns—they made me carry them up stairs into the top room—on Thursday, the 28th of Sept., my master gave my mistress, the prisoner Julia, a piece of the handkerchiefs, and told her to pawn them at Mr. Barker's, in Houndsditch—that same day he sent me with a piece to Whitechapel—he told me to give different names—I told him I would not—I gave my own name, and I think I gave his name—on that day he asked my mistress to pawn some more—she said she had her own business to attend to—she deals in second-hand clothes—on Friday I pawned one piece at Mr. Barker's, in Houndsditch, by direction of my master—I asked my master if the goods were got honestly—he called me a fool, and was very angry—on the Friday evening my master and I went out together—he sent me into one pawnbroker's; I do not know the name of the street—the gentleman would not take the article from me—I said my master sent me—my master wanted me to go and take another piece—I said I would never go any more—that was the pawn-shop at which my master was taken—I was outside, and spoke to my master—I went back to my mistress, by his direction—I told her my master was taken to the station—she instantly tied up eight pieces of handkerchiefs
in a bundle, went with me, and told me where to leave them, in a coffee-shop in Harrow-alley, and deliver them to a man named Levy—my mistress waited outside till I came back—I did not go far in—I could not find Mr. Levy—I left the handkerchiefs on a form, in charge of the landlord, for Mr. Levy—before I took them, Levy had been in, talking to my mistress—I cannot say what passed—Levy deals in shoes and slippers from the country—on the Friday night my mistress gave me fifteen duplicates to burn—I asked why she could not burn them herself—she said, "You know I can't touch the fire on Friday night"—I burnt them—I said, "If I get into any trouble I shall speak the truth"—she told me, if I spoke anything against her or her husband, I should be killed by the Jews going through Houndsditch—I did not look at the duplicates before I burnt them—my master took the duplicates of the goods I pledged—on the Friday before my master was taken I saw him go out at seven in the morning, the back way, with five pieces—that is the way he could have gone out in the night, and I not know it—on the Saturday morning, when my master was examined, before I and my mistress were taken up, we were standing together in Guildhall-yard; my mistress told me not to say anything against her, and I should be sure to get away; and if I did get away, she would not mind making me a present of 5l., if I said nothing against her—she said I should get killed if I was to say anything—she told me that several times—before I went to Guildhall-yard, when I was at the Compter, she told me that Mr. Levy had returned the eight pieces of handkerchiefs that I took for him, and said he would have nothing to do with them—I asked who had them now—she said a person named Ferguson—I asked where he lived—she said in Bell-lane, Whitechapel—I know him very well—he had been in the habit of visiting at our house—on the Monday morning my master told me to clean two pair of boots—I said, "Where do you go to in the night, that your boots are all over mud?"—he said, "Only to the coffee-shop"—I found his boots were muddy—I was taken before the Magistrate, and afterwards admitted as a witness.
Cross-examined. Q. What you stated was on oath? A. Yes—I had been in the prisoner's service about four months—before that I lived with my aunt, in Britannia-street, City-road—I was there two or three months, as her servant—her husband is in the East India warehouse—there is a parlour between the front and the back door of the prisoner's house—the back door has a bell on the top—I went to bed on Monday night about ten o'clock—all the family went, as I thought—my master called me at seven o'clock on Tuesday morning—he does not occupy the whole house—three females live in it—Mrs. Isaacs is the landlady, and sleeps in the kitchen down stairs, which is close to the back door—I have come from the Compter—I have not had any visits from the policemen, only when they came to fetch me—I told the Magistrate the story I have told to-day—I told the policeman at Guildhall that my mistress told me I should be killed by the Jews, and about her taking some things to Mr. Levy, and that she would make me a present of 5l.—I told my uncle the day I was brought up as witness, and he told me to speak the truth—I told the policeman the same—I cannot say whether it is a week since—when my master wanted my mistress to pawn these things, she was unwilling to go, and he scolded her for not going—Mr. Levy is a tall dark man—one of the men who brought the carpet-bag was a short, stout man, and fresh-coloured—the other was rather taller, and not fresh-coloured.
MR. CLARKSON. Q. Had you seen them before? A. No—there are bells inside the back door—they can be pushed up, and then any one can go out without their ringing—there would be no difficulty in any person clasping his hand round the bell, pushing it up, and going out without noise.
(Mrs. Isaacs; Philip Philips, watch-manufacturer, Steward-street, Union-street; Phoebe Devonport, Sun-street, John-square; Leah Edwards, clothier, Harrow-alley, Houndsditch; Elizabeth Cohen, Upper Whitecross-street; George Dawson, Three Compasses, Harrow-alley, gave the prisoners a good character.)
REUBEN BARNETT— GUILTY of Larceny only. Aged 25.— Transported for Seven Years.
JULIA BARNETT— NOT GUILTY .
First Jury, before Edward Bullock, Esq.
THOMAS GRAY . I live in Short's-buildings, Clerkenwell-close. On the morning of the 8th of Oct., between one and two o'clock, I was near Hatton-garden, and saw the prisoner—she wished me to go with her—I walked a little way up Hatton-garden, and after about two minutes' conversation I put my hand into my pocket, and missed a sovereign, which I knew was in there when I began talking to her—I gave her in charge—she said she had not got it—I was quite sober.
MR. PRENDERGAST. Q. Where were you going? A. Home—I had been up to the West end to see a friend—the prisoner was the only woman who addressed me—I had my hand in my pocket not a moment before, and the money in my hand—I am positive it did not fall on the ground—I had 1s. in my trowsers' pocket, and two sovereigns and 1s. were left—she had an opportunity of taking it—her hand was in my trowsers two or three moments—I did not go up any alley—I did not give her 6d. or 1s.
HESTER WOLLEN . I am the wife of William Henry Wollen, a City policeman. I searched the prisoner at the station—she said she had not a sovereign about her, she had only a fourpenny-piece and a few halfpence—I saw the sovereign in her mouth—I asked her twice to open her mouth—she said she had not got it—I told her to give it up—I could not get it away—I took hold of her throat, and called the policeman—she took it out of her mouth, and the policeman took it out of her hand.
Cross-examined. Q. Was not she quite drunk? A. She smelt a little of liquor, but was not drunk, and knew very well what she was doing.
Cross-examined. Q. Was that all? A. A great deal of recrimination passed between them, as to what they had been about—he did not say anything about her hands being in his trowsers, but she did—she made use of a disgusting expression—he said that was nothing to do with it at all—she said it had been done by the Mitre in Hatton-garden—that is just by a little alley.
NOT GUILTY .
JAMES EDWARDS . I am in the employ of Francis Edwards, of Newgate-street. In the evening of the 27th Sept. I was in his shop, lighting the gas; I heard noise of a block falling on the pavement—I saw Servey take a pair of trowsers off the block, and pass them to Thomas—I ran after them, and fetched Thomas back with the trowsers—he threw them down—I met Servey as I was coming back—the block was a little outside the door.
(Property produced and sworn to.)
Thomas. I know nothing about them.
THOMAS— GUILTY . Aged 17.
SERVEY— GUILTY . Aged 17.
Confined Three Months.
FRANCIS PAIR FLACK . I live in Wellington-place, Back-road. On the afternoon of the 30th I saw the prisoner and another coming along the street—when they came to the prosecutor's shop, the other young man took the boots from the stall, and the prisoner received them—I went out, and when the prisoner saw me he ran up a street and dropped them—I took them up—I took the prisoner.
JURY. Q. Are you quite sure of his identity? A. Yes—I am quite more he had the boots and dropped them.
Prisoner's Defence. The boots were on the stall where they were taken from, along with a lot more; they said they were what were taken.
GUILTY . Aged 17.— Confined Two Months.
RICHARD BARROW . I am salesman to James Francis Thompson, a general dealer. About the 31st of Jan. a pistol was missed from the stock—in Sept. I heard of a raffle, and this pistol was brought to me, which I recognised as my master's—I know it well, and I have the companion pistol—the prisoner used occasionally to call at the shop in the evening, and assist in getting the goods in—being the son of a respectable man in the neighbourhood, I had no suspicion of him.
JOHN WIGZELL . I am an organ metal pipe-maker, and live in Paddington-street. Four or five months ago I purchased the duplicate of a pistol of the prisoner's brother, which led me to a pawnbroker's, and I got this pistol there—in September I was going to have it raffled for, at a snuff-shop in East-street—I left the pistol there for one day.
WILLIAM POTTER . I am salesman to Mr. Needs, of Edgeware-road, and am prisoner's brother. About the end of January the prisoner brought me a duplicate of a pistol pawned at Notley and Co.'s—I bought it of him for 1s. 6d. I then took out the pistol, and pawned it once or twice—I at last sold the ticket to Wigzell—it was for the same article.
Prisoner. Q. Do you assert that it was me? A. Yes—I feel satisfied it was you.
STEPHEN PERDRIAN (police-sergeant D 16.) On Saturday evening, the 23rd of September, I found the prisoner—I told him he was charged with stealing a pistol from the shop of Mr. Thompson, in East-street, and he must go to the station—he said, "What is the charge?"—I told him again—he said, "Hare they found the pistol?" and asked who had got it—I cautioned him, that when he got to the station, he would hear the charge, and then he said no more.
Prisoner. I had the pistol about a fortnight before they state; I was walking by the prosecutor's at a quarter past nine o'clock one evening, after the goods were taken in; I saw the pistol lying down on the pavement, and took it.
JURY to RICHARD BARROW. Q. Had you lost things before? A. We have ourselves picked up things that have been dropped—we have gas-lights outside, and can see every thing—the prisoner had seen these pistols before, and knew them.
GUILTY .*— Confined Six Months.
RICHARD PRITCHARD . I am assistant to Samuel Cater, a draper, in Well-street. Between five and six o'clock in the evening, on the 23rd of Sept, the prisoner and another person came—the prisoner desired me to show her some ribbons out of the window—I showed them five lengths—I put two of them back, and brought two more—they desired me to cut off six yards—I did so, and the other person paid for tbem—I folded up what I had showed them on the counter, and missed one—I inquired for it of the young man—after that I observed the ribbon coming out of the prisoner's muff that was on the counter—she had her right hand in the muff—this is the ribbon—it is Mr. Cater's, and is what I had been showing.
Cross-examined by MR. CROUCH. Q. Did you see where the money was that they paid with? A. Not exactly—I did not hear the prisoner and the other for money, or the other ask the prisoner—they paid 4s. 6d.—I did not see the prisoner give the other any money—when ribbons are laid down they roll about, but we have a ledge round our counter—I laid them open upon the counter—I saw the ribbon come out of the muff—the muff was close to the ribbon—the prisoner and the other were close together—I did not see her take any money out of her muff—I never stated so.
COURT. Q. Could it roll into the muff? A. No.
JURY. Q. Is this the same pattern as that they purchased? A. No—the ribbon was on the same side her hand was in—it came out under her wrist—I had not spoken to her about it, but she had heard me make inquiries.
WILLIAM RICHARD GROVE . I am assistant in the shop. I saw the prisoner and another at the counter—Pritchard handed this length of ribbon over to me—I sent for an officer, and gave the prisoner into custody—I charged her with taking the ribbon—she begged me to let her go.
GUILTY . Aged 22.— Confined Twelve Months.
MR. WILDE conducted the Prosecution.
JAMES KENNERLY . I am a bookbinder, and live in New North-street, Finsbury. In the morning of the 5th of Oct. I saw the prisoners and another in the neighbourhood of King William-street—I afterwards saw them at the corner of Pairs-chain, in St. Paul's church-yard—I then saw them all three, Standing opposite the prosecutor's warehouse-door—they looked at me, then went back, and stood there again—there was a cart standing in front of the door, and I lost sight of them—shortly after, I saw Jacobs and the one not in custody, turning down Paul's-chain—I then went up, and saw Jacobs carrying these goods—they turned down Little Carter-lane, up to a gateway, and there Richardson took off his coat, spread it out, and made a wrapper of it—Jacobs put the goods in it, and folded it up—the other stood looking out—Richardson then went on to the end of Carter-lane—Jacobs followed him, and when they got to the end, Richardson seemed to be looking up and down, and made a sign to Jacobs to turn to the right—he went, and put the parcel in at a doorway in Old Change—Richardson then went in a different direction—he came back, went and spoke to Jacobs, who went away from the passage, and left Richardson at the doorway—Richardson took off the coat, put it on his back, a person then went up this passage, and Mr. Spear came out of his door—Richardson looked very hard at him—I was in a house below, and sent for a policeman, but could not get one—I went and told Mr. Spear, and begged permission to put the goods in his door-way—Richardson saw me take the goods out of the passage, and went down Distaff-lane—Mr. Spear and I turned another street, and saw Richardson and Jacobs walking together—we followed them to Gracechuruh-street, and gave them into custody—they were quite strangers to me.
Cross-examined by MR. BALLANTINE. Q. Do you know the third person? A. Yes—I do not know his name—I worked last for Mr. Bassaw—he is dead; and also for Mr. Park, of Tichfield-street—I have not worked for him for six months—I have been at work on the railway—I did the last lot of bookbinding three weeks since at my own house—the prisoners were in my sight for half an hour—I was in the Police about seven years—I left it of my own accord—I was going to the booksellers', and the prisoners walked before me—I did not purposely watch them—I never had a policeman call on me—I am well known to many of the Police—I gave evidence about five years ago—I have frequently given information to the Police—I have not got anything by it.
Cross-examined by MR. WILKINS. Q. What have you been doing for your living the last six months? A. I go to sales, buy books, and sell them—I have bought many at Machin and Debenham's, in King's-street, Covent-garden—I attended a four or five days' sale at Johnson's—I bought about 2l. 10s. worth—I have no shop—I take the books round—I have no hawker's license—I do not go from house to house, but I have a connexion—I go to different booksellers, and sell books there—I have a few pounds by me—I have left the Police about five years and a half—there was a complaint made against me, that I had had a drop too much while on duty, that was the only complaint—I had only one complaint before I went to the Eastern Counties' Railway—I was there three years—I was not dismissed from there—I have the testimonials in my pocket—it was about twenty minutes to eleven o'clock when I saw the prisoners—I had been down to Billingsgate-market to buy fish, but it was too dear—King
William-street is about half-a-mile from Paul's-chain—Jacobs carried the goods about 300 yards from the prosecutor's door—I went into a public-house, and stopped there till they sent for a policeman—when I was in the police a person made a complaint before the Magistrate against me for as assault, but he did not attend to support the charge—I have sold books to Mr. Williams, who lives at West Ham, near Stratford, about five weeks back, to the amount of 1l. 5s.—I sold some medical books for 15s., to Mr. Johnson, and various other persons, whose names I do not know.
HIRAM THOMAS SPEAR . I am a hair-dresser, in Old Change. About eleven o'clock, on the 5th of Oct., I was standing at my private door—I saw Richardson standing right opposite me—I cannot say whether he saw me—Kennerly came up to me, and left some goods at my house—I left them in the shop, and went after the prisoners—I found them in Fenchurch-street—they were given in charge—I, Kennerly, and the officer came back to my own house—I gave these goods to the officer—these are them—I saw Kennerly bring them from behind a folding door in Old Change, about fifteen yards from where Richardson was.
Cross-examined by MR. BALLANTINE. Q. Had you seen Kennerly before? A. No—I do not think I was standing so that Kennerly might have seen me, because the street has a bend in it—I should not think that if the prisoners could see me, Kennerly might—I saw Richardson about a minute before Kennerly spoke to me—I think my private door was shut—a person standing where the goods were, could have seen me—it was right opposite our private door.
JAMES MARTINDALE HARRISON . I am manager at Messrs. Thomas Simpson and Co., of Old Change. On the 5th of Oct. we had some mousline-de-laines similar to these—I can identify these most particularly—these are Messrs. Simpson's own work—no other person could have them—I saw them safe soon after ten o'clock—I did not miss them till we were informed of this.
Cross-examined by MR. WILKINS. Q. Did not both the prisoners deny all knowledge of the robbery? A. Yes.
JURY to H. T. Spear. Q. Did you see Richardson in possession of the goods? A. No—he was standing outside the door-way, and walked away—Kennedy had spoken to me before he brought the goods—the gateway was not a private gateway to some houses—I did not see Jacobs till he was given in charge—Kennerly came on the same side of the way where I lived, and then crossed over to the goods—he did not go from the things to my house—the street is ten or fifteen yards wide—I had not been at the door a moment before he spoke to me.
NOT GUILTY .
NEW COURT.—Thursday, October 26th, 1843.
First Jury, before Edward Bullock, Esq.
GUILTY . Aged 12.— Confined Two Months.
GUILTY . Aged 29.— Confined Three Months.
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 14.— Confined One Month.
GUILTY . Aged 40.— Confined One Month.
JOHN BRITEE . I am in the employ of Edward Smith, a tailor, in Old Broad-street. Between four and five o'clock, on the 21st of Oct., I was in the shop—I saw a man's hand open the door, and close it to again—I went out directly, and saw the prisoner with something concealed under his coat—I saw him go out, and run down the street—I followed, and found him in Prince's-court, about twenty yards off—the cloth was standing by his side—I gave him to the policeman—this is the cloth—it stood on a shelf just as you open the door.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Six Months.
2937. ANN CAMBRIDGE was indicted for stealing, on the 9th of Oct., 1 coat, value 2l. 10s.; and 1 waistcoat, 2s.; the goods of Michael Walsh; and 1 shawl, 2s., and 1 cap, 6d.; the goods of Honora Walsh.
JOHANNA WALSH . I am a widow, and live in Market-street, Fitzroy-market. About half-past three o'clock, on the 9th of Oct, I went out, and left the prisoner in the house—I returned in about ten minutes, and saw the prisoner going out with a bulk in her apron—I went up to my room and missed my son Michael's coat and waistcoat, and a shawl and cap of my daughter Honora's—I have not found them again—I did not see the prisoner again till she was taken.
MICHAEL WALSH . I am a tailor, and lire with my mother, in Market-street. On this day I left my coat and waistcoat in the room, between nine and ten o'clock—I went to work, and when I came home at night, I missed them—I afterwards met the prisoner in Market-street—I took her by the shoulders—she asked what she had done—I told her she knew what she had done, and I told her to come with me—she walked with me—she wanted me to go to her brother's, and said that she had lodged there since she left my mother's, and I could only give her six months—I took her in Tottenham-court-road, and gave her in charge—the cap was found on her head at the station.
Prisoner's Defence. I never took anything; I only took the lodging by the night.
GUILTY . Aged 29.— Confined Two Months.
Before Mr. Justice Wightman.
2938. WILLIAM HERMITAGE was indicted for feloniously assaulting Thomas Burton, putting him in fear and danger of his life, and stealing from his person, and against his will, 1 sovereign, 1 crown, 1 half-crown, 2 shillings, and 2 pence; and that he had been before convicted of felony.
THOMAS BURTON . I am a stone-mason, and live in Brompton-road, Browpton-terrace. On Monday, the 16th of Oct., I went into the Hand and Flower, in Kensington-road, about four o'clock, to have a pint of beer-after I had been in about half an hour, I saw the prisoner—he was walking about the room—I noticed his frock—he was tossing with some persons for a pint of beer—he asked me to toss, which I did for a pint of beer—I asked him to drink several times—about seven I left to go home, and he followed me—I said, "Now lam going home"—he said, "Where do you live?"—I told him at Brompton, and it was the nearest way down the lane—he said, "I am going that way, I will go with you"—I said, "Very well"—we went down the lane, and came to the Hind's Head—we both went in there—it was about fifty or sixty yards from the other public-house—there were six or seven men sitting without a cup or glass on the table—they said they were all out of work, and had no money—I said, "That is bad, I will give you half a gallon of beer to drink together," which I did, and paid for it in coppers—then we had a pot, which I was obliged to change a half-sovereign to pay for, which I drew from my watch-pocket—there were two other sovereigns, wrapped in paper—the pot-boy brought me back the change—I put the silver into my right hand breeches' pocket, and the coppers into my left—we drank the beer—I went out to go home—I got into the yard, looked round, and saw the prisoner—I said, "I am going home"—he said, "I am going that way, I will go with you"—he said, "It is dark, let me have your arm"—he took my arm—we went for half a mile—we came to a brick wall in a very narrow place, in Gore-lane, which leads into the Brompton-road—when we came to the corner there was a turn, and there he threw me up, and said, "Now, b—your eyes, your life, or your money"—it put me in great fear, and he grumbled out some words when I begged him not to hurt my person—I had no power to help myself—he kneeled on my chest, and he grumbled out something, that he would do something with a knife, but I cannot say what—he got up and went over some pales into a field—I went and looked—it was soft like grass—I heard his footsteps—he had taken a sovereign from my watch-pocket, and also a 5s. piece, half-a-crown, two shillings, and 2d.—I was there about two or three minutes—when I left the spot I met a stout man, dressed in dark clothes—I asked if he was a policeman—he said, "No"—I told him what had happened, and that I should go home, as I was ill with the fright—he directed me—I got home a few minutes to eight, searched my pocket, and all my money was gone but one sovereign—I put my hand into my pocket, and in drawing it up, I found the sovereign in the pocket, about an inch and a half from the top of it, in the lining—I gave information to the police the next morning, not that night, because I was so ill with the fright I did not know what to do—the nearest station was close to the last public-house where we had been, about half a mile from where this happened—I work with Mr. Barker, at Kensington—my wages are 5s. a day—I drank about two pints in the Hand and Flower, and three pots among nine of us at the other public-house.
Prisoner. At the station he said he went in with me, and then he said he went in with a sawyer—he brought a man up at the examination that had picked up a sovereign on the spot where he lost his—he wanted the Magistrate to redeem the sovereign for him. Witness. An Irishman picked up a
soveriegn at the spot where the scuffle took place—the prisoner did not go into the public-house with me—I never saw him till a quarter or half an hour after I was in there—I did not say at the office that I was drunk—I was not drunk.
JOHN HEPFERMAN . I am gardener to Lady Elizabeth Whitbread, and live in Gore-lane. About eight o'clock this evening I was coming home from Chelsea, and met the prosecutor—he asked if I was a policeman—I said "No"—he told me something—his excitement was so great, I thought he was more drunk than sober.
JAMES DODD . I am waiter at the Hind's Head. On the evening of the 16th of October, about seven o'clock, the prosecutor came to our house—the prisoner was there, and other persons besides him, a few of our neighbours—I did not see the prosecutor go away—I cannot tell whether he went alone or not—he had three pots of beer—he was sitting in the tap-room with the prisoner, and there were half a dozen others there—the prosecutor gave me a half-sovereign—he said he had no more money—I saw gold in paper in his hand, besides what he gave me—I gave him change.
ROBERT SIMS (police'constable T 113.) I apprehended the prisoner last Tuesday but one, in Gore-lane. I told him I apprehended him on suspicion of accompanying a man home on Monday night, throwing him down, and robbing him—he said he knew nothing about the party.
Prisoner. I asked what he was going to take me for; he would not tell me at first. He asked if I did not accompany a man home last night; I said "No." Witness. No; he said to his father, "Was not I at home, and went to bed at seven o'clock:" his father would not speak—on the following morning I was going down Gore-lane, his mother called me in, and asked what he was done to.
Prisoners Defence. I was in the house, but never went in with the prosecutor or went out with him. The waiter said he was drunk, and he was incapable of taking care of himself. I never went after him: I went home, and went to bed between seven and eight o'clock; at a quarter before eight I was at home and in bed.
JURY to JAMES DODD. Q. Can you recollect whether you saw the prisoner in the house after the prosecutor was gone? A. No, he was not there after—I did not consider the prosecutor drunk.
HENRY MOUNT (police-constable T 126.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person—I am sure of it—I have known him ever since.
GUILTY . Aged 24.— Transported for Fifteen Years.
2939. THOMAS ADOLPHUS TALBOT was indicted for stealing, on the 16th of Aug., 2 brooches, value 16s.; 1 pair of earrings, 12s.; 1 key, 3d.; 1 scent-bottle, 10s.; 1 pencil-case, 8s.; 2 lockets, 1l. 10s.; 3 rings, 1l. 4s.; 2 seals, 1l.; 1 watch-key, 1d.; and 1 pair of salt-cellers, 8s.; the goods of Owen Henry Passau.
MR. WILKINS conducted the Prosecution.
LAZARINE PASSAU . I am the wife of Owen Henry Passau, and live in Gloucester-grove, Old Brompton. On the 14th of June the prisoner came to our house, and took some furnished apartments—he gave his name as Talbot, and said he belonged to Lord Shrewsbury's family—he afterwards gave himself the title of Honourable—there was a female with him—they occupied my apartments ten weeks—during that time I missed some brooches, rings,
scent-bottle, pencil-case, lockets, seals, watch-keys, and salt-cellers—they were all my husband's—on the 2nd of Sept. I called in a policeman, and informed him of the robbery—after he had been in a very few minutes, the prisoner and the female left my house—they had given me no notice of their intention to quit that day—they were to leave the following week—they did not pay their rent—I had seen these articles safe on my premises, while they were lodging there.
Cross-examined by MR. WILDE. Q. How long have you been married to your husband? A. Five years—he is in the service of his Grace the Archbishop of York—he has been living in his family fifteen years—when the Archbishop's family is in town, my husband resides at his own house, but he follows his Grace's family—he left home about the 4th or 5th of Sept last—he was only with us two or three days this time—he came through London to go elsewhere—he was then with the Archbishop—he went with them from one country-house to another—I had seen him about a mouth before—he was then in town for the season—three or four months—my husband keeps me, and I let my house to assist me—I saw this property safe when the prisoners came to my house, in the beginning of July—I gave up my bed-room to the prisoner—I particularly saw eight or nine rings safe, and a great part of the jewellery—I moved them out of my bed-room—I had another lady and gentleman lodging in my house at the time—I have a servant and four children—all the rent the prisoner paid was a sovereign—I intimated to him, that as the rent was in arrear they must go—they said they meant to leave on the following week, and pay everything that was right—I know a policeman named Edmead—I have only seen him on this business—he has not been very frequently at our house about this business, only when he had proper business—at the time we went to Hammersmith the officer came to me, because we all went together—I may have seen him six times at our house—Mrs. Etty, the prisoner's mother, came to our house on Saturday—she and Edmead had some conversation—Edmead brought me a key that morning, and I recognized it as belonging to my bookshelves—I was up in the drawing-room with Edmead—I wished him to open the bookshelf himself—my servant came, and said a lady in deep mourning wished to speak to me—I said I did not know a person of that description—she said, "I believe it is Mr. Talbot's mother"—I saw the prisoner come with the female—she appeared about twenty-five or twenty-six years of age.
GEORGE FARMER . I am assistant to Mrs. Harrison, pawnbroker, in Wardour-street, Soho. On the 29th of July these eight finger rings were pawned at my employer's shop for 2l., I believe by the prisoner, in the name of John Lindon.
WILLIAM GOLDER . I am assistant to William Lamb, a pawnbroker, a Sloane-street. On the 23rd of Aug. the prisoner pledged a brooch and an ear-ring at my master's shop for 6s., in the name of John Lindon—I am aure he is the man.
WILLIAM EDMEAD , (police-constable V 179.) On the 28th of Sept., from information I received, I apprehended the prisoner at Barn Cottage, Old Brompton—I told him he was suspected of having robbed Mrs. Passau of a quantity of jewellery—he said he would go with me—he asked me to wait, his wife was not at home—I waited about a quarter of an hour—during that time he asked me to allow him to go to the water-closet, and during the time he was there he called my attention to a painted landscape in the glass of the opposite door—I looked round, and directly heard him let the water run very hard in the water-closet—it ran some time—I then brought him to the Court—on the following morning I took the woman, who he said was his wife, and
locked the house up—I employed Burley, the plumber, to search the watercloset on the 28th—the house had been locked up all the time, and I had the keys—I went with him to search the water-closet, and these eleven duplicates and a key were found—they have the name of John Lindon as the pawner on them—seven of them refer to jewellery, which was pawned at different shops—the key fitted Mrs. Passau's book-case—I found some more duplicates on a bed in the prisoner's house—I found this stopper of a scent-bottle.
Cross-examined. Q. Where did you find this stopper? A. In the pocket of a female's morning dress—I have been several times to Mrs. Passau, because I was out several times before I could find the property—I might have gone four or five times, not so many as twelve—Mrs. Etty came on one occasion to Mrs. Passau; I went down to the door, and had some conversation with her in reference to this charge—she was in an excited state—I told her it was no use to fret—I did not tell her that it might be settled, or that Mrs. Passsu had been put to great expense, and that it would take more than 200l. to settle it—if Mrs. Passau was by at the time she would have heard what I said—I do not know Mrs. Etty's address—I accompanied her home because I thought she would make away with herself—she wished me not to go to the house, and I left her in the street—it was a pitch dark night, and I had no opportunity of knowing the name of the street—Mrs. Passau went with us to take Mrs. Etty home—the prisoner was in custody then—Mrs. Etty did not give me her address—she asked for my address, and I gave it her, not with a view of coming to an arrangement about the matter—Mrs. Etty offered to give 200l. or more to compromise it at the house—I did not state that Mrs. Passau had been put to great expense.
COURT. Q. What was this offer? A. 100l.—when Mrs. Etty came, she said she was not aware till that morning that the prisoner was in custody for felony.
MR. WILKINS. Q. Had the prisoner been then in custody? A. No—I had been before the Magistrate twice—Mrs. Etty said she was not aware her son was in custody, that she had given 400l. to a gentleman about a debt, that she had brought 200l. with her; and if Mrs. Passau's amount was more than that, she would give it, or any sum, to settle it.
JOHN BURLEY . I am a plumber, and live in Brompton-row. On the 28th of Sept., at the request of Edmeads, I examined the water-closet at Brompton-cottage, and found some duplicates and a key—the duplicates were only partially wet—I account for part of them being dry because they remained floating on the top of the soil—they will not pass away till they are soaked—every time the water was let down they would have become more soaked—I should say, they had been put there by almost the last person that had used the closet—they had not passed from the trap.
LAZARINE PASSAU re-examined. This brooch and earings are mine—the earrings are French—I have had them fifteen or sixteen years—I am quite certain they are mine—these eight finger rings, pawned at Mr. Farmer's, are mine—these two, which I have had eleven years, have a particular initial and a marchioness's coronet on them—my name is on this seal, and I know this other seal by a motto there is inside—I know this stopper by a small chip on the side—to the best of my belief the whole of this property is mine—this key fits my book-case—when I opened it a great many of my books were gone.
Cross-examined. Q. I believe the female who came with the prisoner was very intimate with yourself and family? A. Not particularly, we were civil to her—she wash with my children—she was in parts of the house—I do not think the prisoner was ever in my bed-room.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined One Year.
2940. CHARLES JOHNSON was indicted for stealing, on the 15th of Sept., 1 trunk, value 5s.; 1 gown, 1l.; 1 dressing-gown, 5s.; 3 pairs of shoes, 5s.; 1 night-gown, 4s.; 7 pairs of gloves, 7s.; 1 shift, 2s.; 5 pairs of stockings, 5s.; 5 handkerchiefs, 5s.; 3 habit shirts, 10s.; 2 caps, 1s.; 2 neckerchiefs, 5s.; 3 printed books, 15s.; 8 sheets of music, 8s.; 3 pairs of cuffs, 3s.; 1 petticoat, 4s.; 1 brooch, 1l.; the goods of Isaac Willis:—2 gowns, value 2l.; 1 dressing-gown, 2s.; 2 pairs of shoes, 3s.; 1 night-gown, 4s.; 1 shift, 2s.; 5 pairs of stockings, 5s.; 5 handkerchiefs, 7s.; 1 night-cap, 7s.; 1 printed book, 4s.; 4 pairs of cuffs, 3s.; 1 petticoat, 4s.; 2 brooches, 2l.; 2 pins, 5s.; the goods of Rosa Angelica Catalina Willis, in the dwelling-house of Isaac Willis, and that he had been before convicted of felony; and ELIZABETH CROWLEY , for feloniously receiving the same, well knowing them to have been stolen.
MR. CARTEEN conducted the Prosecution.
JONATHAN WHICHER (police-constable A 27.) On Thursday, 21st Sept., I went to a house in Castle-street, Seven-dials, in company with Sergeant Smith—Inspector Harris remained outside—I and Smith went up stairs to the second floor back, and found Crowley and two other girls in the room—I told Crowley I came to look over her room—she said, "You may do that, but you won't find any thing here"—she said, "Just let me call Mrs. Wilson"—she immediately ran down stairs, as fast as she could—I followed—she ran into the street, and was stopped by Inspector Harris—I said she must go back to the room with me—she said, "O don't take me, I don't know any thing about it"—I took her up into the room, and proceeded to search it, and under the bed I found this trunk, which was broken open—it contained a box, a cap, a comb, eight sheets of music, four pairs of slippers, and some other things—on the sofa I found three ladies' dresses—I asked Crowley how the box and its contents came there—she said, "A man brought it there"—I asked his name—she said she did not know—she afterwards said she was not at home when it was brought—I asked how she knew a man brought it there—she said, "Ned told her a man brought it"—I knew Johnson by the name of Ned Moore.
Cross-examined by MR. PRENDERGAST. Q. What became of the otherwoman? A. One ran away, the other I took before the Magistrate, and she was discharged—the third remained in the room with the officer, she could not go away—Mrs. Wilson, the landlady, lives next door—I did not ask Crowley what the contents of the box were—I do not know whether the other persons were women of the town—I never saw them before—the house is let out in different lodgings.
DINAH WILLIS . I am the wife of Isaac Willis, a music-seller, in Grosvenor-street. On Friday, the 15th Sept., I was at Woolwich—I packed up this trunk in the morning—I placed in it this gown, this black satin dress, this tabaret dress, this striped plaid dress, this dressing-gown; these gloves, books, and cuffs; and three brooches and a ring, which have not been found—they were worth, altogether, 6l.—they are my husband's, and were sent to London by the carrier.
Cross-examined. Q. The most valuable part of the property is lost? A. Yes; I have lost more than 6l. worth; the brooches and rings are worth more than 4l.—my husband lives in the house in Grosvenor-street—I packed these things up at Woolwich, but I saw them afterwards at Grosvenor-street, when the trunk arrived—I know nothing of the prisoners.
COURT. Q. When did you see it in Grosvenor-street? A. At nearly half-past one on the 15th Sept.—it appeared in the same state when the carrier left it, as when I packed it up between seven and eight o'clock in the morning—I was at home when it arrived, and saw it placed in the hall, and it was missed about twenty minutes or half an hour after—there were then two gowns, dressing-gown, printed book, some cuffs, and a brooch in the trunk, belonging to my daughter Rosa Angelica Catalini.
ANN CULVERHOUSE . I am cook to Mr. Willis. I remember this trunk coming to his house, at ten minutes after one on the 15th Sept—I took it in—it was placed behind the door in the passage—it was corded up quite tight—it was missing at twenty minutes to two—the front door was open for the business, and there is an inner mahogany door which opens with a latch into the passage—there is a brass handle to pull it to—it opens with a latch-key—I did not shut that door—I left my mistress with the carrier.
Cross-examined. Q. Why did you not shut it? A. Because I had got business down stairs, and the carrier was not gone—I asked my mistress to shut it.
HENRY SMITH (police-sergeant A 28.) I went in company with Whichen to No. 34, Castle-street, Holborn, where these things were found—I took Johnson on Thursday, the 21st of September, coming out of Marylebone police-court.
JOHN WILSON . I am a jeweller, and live at No. 35, Castle-street—I am landlord of No. 34. About the 6th of Sept. Crowley came to my house—she said she came to take the room for herself and her husband together—I said I wished to see ner husband before I let her the room—she said she would send him—between seven and eight o'clock the same evening Johnson came alone, and I let him the second floor back room, furnished—after having a reference, they both came into the room the next day, and continued to reside there two weeks altogether—they were residing there on the 22nd of September—I was not at home when the officer came—I never saw Johnson in the room—I met him in St. Martin's-lane—I was in the shop when they took the room, and gave the key to my servant to give them.
Cross-examined. Q. There are many other lodgers in your house? A. Yes—I do not know the other two women—I do not know that persons in this class of life lend their rooms to one another to deposit things in.
JOHN HAINES (police-inspector.) I have no doubt the initials to these depositions are Mr. Hard wick's, but I can speak with more certainty to the other signature, where his name is in full—I have no doubt it is his—I saw him sign some papers, but I was not near enough to see that it was this—( read)—"Crowley says she was living with Johnson in the room, but knows nothing about the property found in the room."
NOT GUILTY .
2941. CHARLES JOHNSON was again indicted for breaking and entering the shop of Thomas Crawford, on the 11th of Sept., at St. Ann's, Westminster, and stealing therein 11 umbrellas, value 6l. 10s.; 26 walking sticks, 5l. 3s.; and 2 yards of baize, 1s.; the goods of said Thomas Crawford: and ELIZABETH CROWLEY , for feloniously receiving part of the same goods, well knowing them to have been stolen; against the Statute, &c.: and that Johnson had been before convicted of felony.
locked up, a few minutes after twelve o'clock—I left no one in the house—I have merely a shop—I do not live there—the shop was fast locked—I went about a quarter past eight the next Monday morning—the first thing I saw was two ropes lying on the floor—I looked round, and found some umbrellas, some silver-mounted canes, and some green baize, were gone, that I had left on the Saturday night in the window—the persons must have got into my shop by a key—the door was locked the same as when I left it—I unlocked it with my own key—there is no communication from my shop to the rest of the house—there was no way by which a person could come in but by going through the front door—the shutters were all right.
THOMAS BARTHOLOMEW . I am a manufacturer of walking sticks. I know these sticks to be my manufacture—I disposed of them, and a quantity of other goods, a few days previous to the robbery, to Mr. Crawford—I am quite sure these are part of what I disposed of to him—they are of a pattern, the first that ever I brought out in the trade—there is a difference between them and what other persons make, in the colour of the sticks and the varnish.
THOMAS CRAWFORD re-examined. These six sticks are part of what I lost—I am sure of it—I had had them only a few days before—they were in the shop that Saturday night—the green baize was in my shop that night—I missed it on the Monday morning.
MARIA MARKS . I live in Prince's-street, Leicester-square, opposite the prosecutor's shop. A few minutes before six o'clock, on Monday morning, I was sitting at the first floor window, and saw three men—Johnson was one of them, I am sure—the prosecutor's outside door was open—the other two went inside, and Johnson stood and kept watch outside for two or three minutes—he walked up and down—he saw me, and then knocked at the door, and spoke to the other two men—I saw one of them put his head out, and speak to him—Johnson then went and stood at the post at the corner of Lisle-street—the other two men came out with a green baize, and some sticks and umbrellas—they went to Johnson, and they all went away.
Johnson. She was asked if I was seen to speak to the men, and she said, "No;" this is a different statement altogether. Witness. I was up at the window—the window was shut—I saw you through the glass.
HENRY SMITH (police-sergeant A 28.) I found these sticks in the house No. 34, Castle-street, on the 21st of Sept.—I found Crowley and two more women there—Crowley ran away, when we went in and said she wanted to go and call the landlady—another woman tried to follow her, but I shoved her into the room, and kept her there—I found these sticks in a corner of the room, and this baize over a little table—I have kept them ever since.
JOHN WILSON . I am landlord of No. 34, Castle-street. On the 6th of Sept., Crowley, who was called Mrs. Moore, came to take an apartment for her husband and her—I required her husband to come, and Johnson, who was called Moore, came—I let him the apartment, which they occupied till the 21st—I never saw Johnson in the apartment—Crowley paid the rent.
Johnson's Defence. I was not in Prince's-street—Marks must have been mistaken—I was at work at the time—I could produce the master and two men who I was working with.
CHARLES WALTON . I produce a certificate of Johnson's conviction, which I got at Mr. Clark's office—(read)—I know the prisoner is the man—he entered the shop of Mr. Bax, and stole a coat—I was the prosecutor, and was present at his trial.
JOHNSON— GUILTY . Aged 25.— Transported for Ten Years. CROWLEY— NOT GUILTY .
2942. JOHN FELLOWS was indicted for stealing, on the 14th of Aug., 17 yards of woollen cloth, value 15l.; 50 yards of doe-skin, 14l.; and 3/4 of a yard of velvet, 2l. 15s.; and 9 yards of satin, 4l.; the goods of William Dykes, in his dwelling-house: and HENRY WILLIAM MORLEY , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. CURWOOD conducted the Prosecution.
WILLIAM DYKE . I am a tailor, and live in Grafton-street, London University. On Monday, the 14th of Aug., I had arranged my shop, and I left it perfectly safe, about twenty minutes before one o'clock—the outer door stands open—there is an inner door leading to the shop, and another leading to the dwelling-house, which opens with a latch key—I left all safe, and was sent for in forty or fifty minutes—I examined my shop, and missed a vast quantity of articles—broadcloth of different colours, invisible green, and brown, two almost whole pieces of doe-skin, and some velvet, both black and olive—I saw a portion of them on the 16th of Sept., in the house of the prisoner Morley, at No. 36, Dean-street—I went there in consequence of information—I did not know it was Morley's house, but merely seeing his name up—I found a piece of invisible green cloth, and some doe-skin, that I can identify—here is this small remnant of doe-skin, and this other piece, which I can prove, under very particular circumstances—in cutting out I had two very awkward remnants, and these are them—these other pieces I have examined, and can undertake to swear to them all—I had left them all in my shop that day—I am not able to tell how my shop bad been entered—I found the door fast, but my wife had found it open.
Cross-examined by MR. CLARKSON. Q. Just explain how you swear to those remnants of doe-skin? A. I wished to make two pairs of trowsers, but one remnant was too much, and the other too little—I cut one pair out of each remnant, leaving again too little for two pairs, and too much for one—here are the trowsers I cut from them, and they correspond exactly.
JOHN OGLETHORP . I am a tailor, and live in Sussex-street, London University, about one hundred yards from the prosecutor. On the 14th of Aug. I had just had dinner—the window was up, and I was looking out—I saw a man come along the street with a quantity of cloth, without any covering or wrapper on it—another man came just after with a quantity of cloth, and apparently some velvet or satin—I could not tell which—they came as from the direction of the prosecutor's house, from the corner of the street—one of them crossed the street under my window—one went on one side the way, and the other on the other—Fellows was the last man that came with the cloth—I saw him sufficently well to know his person—he was facing me, and I thought he was some tailor moving—I watched him all down the street—I had a better opportunity of seeing his face, as the satin or velvet that he had was rather slippery—it slipped, and whether he tried to get it on with his hat I do not know, but his hat slipped on one side—I can say conscientiously that he was one of the men—the other man I cannot identify.
Cross-examined by MR. BALLANTINE. Q. What relation are you to the prosecutor? A. His brother-in-law—I heard of this robbery about three hours after it took place—I did not see the prosecutor that day—I think I saw him the day following—I saw Fellows again at Marylebone, in Sept.—about five weeks after I saw him with the cloth—I was going down Marylebone-lane when I saw him—I had not been at the office before, but I had given a description of the parties to an officer—I knew him again directly—I have a very capital memory of faces—when I see a man a second time I know
him, if I have looked at him pretty well—he was facing me when he had the cloth on his shoulder—his hat did not fall off, but I saw his face full before me—I think the man who was with him was rather short, but I did not notice him—Fellows had a dark-coloured frock coat on—the street I live in is rather narrow.
MR. CURWOOD. Q. Did you take a pretty good look at Fellows? Yes—I had a fair opportunity of seeing his face—I have no doubt at all he is the man.
JOHN HAYNES (police-inspector.) I apprehended Fellows on the 21st of Sept.—I found on him four duplicates, a knife, and a latch key—I tried the latch key to the door in the passage at Mr. Dykes—it fitted exactly, and opened the door with the greatest ease imaginable.
Cross-examined by MR. BALLANTINE. Q. How many hundred keys have you seen that would open the same door? A. I never tried any other—it was a common lock—I should say that this key would open seventy out of a hundred common latches—I did not take Fellows on any suggestion of Mr. Oglethorp's, but for another purpose.
WILLIAM WHITE . I am a tavern-keeper. I live opposite Mr. Dykes, and have a full command of Mr. Dykes' door—on the 14th of August, I saw two men two doors from Mr. Dykes—my attention was called by seeing them make a stop—they divided, and one of them went into Mr. Dykes's lobby, and returned immediately—he came to the other man, and they walked off—I saw no more of them—I could not swear to their features; but from what observation I made through the white curtain at the window, Fellows resembles the man I saw go into Mr. Dykes's—I was shaving at the time.
Cross-examined by MR. BALLANTINE. Q. What coloured coat had Fellows on? A. A sort of drab blouse, similar to what he has on now—I did not see his face at all—when the officer came for me, I went to Marlborough-street, and saw three men sitting; and I said that Fellows's appearance resembled the man I saw very much, but his features I could not swear to.
FREDERICK SHAW (police-constable A 29.) I know both the prisoners—I searched Morley's house, in Dean-street, Soho—he is landlord of the house, and was in the parlour when I went in—I found the doe-skin and the cloth which have been produced, on the sideboard in his parlour, with a great deal of other property.
Cross-examined by MR. CLARKSON. Q. Is Morley a tailor? A. Yes; when I went to his house he was in custody in the parlour—he had got a cutting-board there—I did not know him before.
FELLOWS— GUILTY .— Confined Twelve Months.
MORLEY— NOT GUILTY .—(See pages 1064, 1066.)
2943. HENRY WILLIAM MORLEY was again indicted for feloniously receiving, on the 16th of Sept., 26 1/2 yards of carpeting, value 5l. 6s.; the goods of Robert Robinson, and another, well knowing the same to have been stolen; against the Statute, &c.
MR. CURWOOD conducted the Prosecution. JOHN HAYNES. I am a police-inspector. On searching the prisoner's house, on 16th Sept., I found this carpeting in the back parlour, which is used as a bed-room by the prisoner—it has been claimed by Messrs. Robinson and Robson—there was a great number of other articles there, claimed by other persons—the carpet was rolled up and tied with list.
Cross-examined by MR. CLARKSON. Q. Did you go over the house? A. Yes; the floors were all carpeted, except one which was to let.
Welbeck-street—this roll of carpet belongs to them, and was stolen from their window on the 12th of June, in the day-time—I hare no doubt about its being theirs.
Cross-examined by MR. HOWARTH. Q. How do you know it? A. By the pattern, the colour, and the texture—we have some of the same pattern, but not this colour—I was attending the shop at the time it was stolen, but I did not see it taken—I missed it in five or seven minutes.
JONATHAN WHICHER (police sergeant A 77.) I took the prisoner on the 16th Sept., at his house in Dean-street—I found him in the parlour with a roll of cloth partly on a chair, and partly on the floor—I asked him who the young man was who had just been there—he said there had been no young man there—I said, "I know better; I saw a man come in with a bundle, and he is just gone out with an empty bag"—he said, "If you want him, I dare say I can find him "—I asked whose the roll of cloth was—he said his own; he bought it of a dealer, but he did not know his name, nor where he lived—I then told him to consider himself in custody for having stolen goods in his house—he said, "I think we can settle this"—I asked him what he meant—he said be would give me 20l. if I would go no further in it—I said I would do no such thing—he said he should think 20l. would be better to me than taking him.
(Henry Underhill, a glass manufacturer, in Hatton-garden; Robert Barker, a draper, in Great Titchfleld-street; Thomas Bicknell, a grocer, and Charles Low Knight, an ironmonger, in Conduit-street, gave the prisoner a good character.)
GUILTY . Aged 34.—(See pages 1064, 1066.)
Fifth Jury before Edward Bullock, Esq.
JAMES GOODWIN . I am a baker, and live at Harrow. In the beginning, of Aug. the prisoner came to my house, represented himself as a Sheriffs' officer, and offered to collect debts for me—I employed him to do so—he was to have 2s. for debts under 1l., and 3s. for debts of 2l. and upwards—I had a debt of 1l. 14s. 11 1/2 d. due from Alfred Dixon—I gave that to the prisoner to collect.
Prisoner. Q. I did not say that I was a special officer of the County Court of Surrey? A. No—you said an officer of the Sheriffs' Court, of London—I had two debts due to me, one from Dixon, and one from Herrick—I will not swear whether I gave you one or two debts to collect—I did not give you authority to receive the money—it was to be paid at my house—I gave you this authority—(looking at it)—I did not see any printed notice folded up by you, nor was one read over to me.
COURT. Q. Did you employ him to collect a debt of Herrick? A. Yes, 1l. 3s. 10d.
MARY HERRICK . I am the wife of William Herrick, of Bushy. On the 18th of Aug., the prisoner called on me, and produced a paper which I handed to the Magistrate at Edgeware—he said Mr. Goodwin authorized him to collect the debt—I owed Mr. Goodwin 1l. 3s. 10d.—I said it did not lay in my power to pay him then, and asked him if the paper was a summons—he said he belonged to the Sheriffs' Court, he would call on the Monday or Tuesday—I said if he called on Tuesday, I would endeavour to get him some money—he called, and I gave him 5s.—he receipted it on his own printed Paper for Mr. Goodwin, as he said—I intended that 5s. for Mr. Goodwin, in part of his debt—the prisoner was to call again—I told him I was not satisfied
with that paper, as I lived in Hertfordshire—he said if I was not be would bring me another paper.
JAMES GOODWIN re-examined. I saw the prisoner in the course of a day or two after this—he said he had served Mrs. Herrick with another order, and that was 7s. 6d., and she had paid him 5s. of the expences, which amounted to 10s. 6d. altogether—I paid him 3s. for the first order myself.
Prisoner. Q. After giving me instruction on the 10th of Aug., did I not tell you she would not pay it according to your order, and I would serve her with a second order? A. Yes, you called and said you had served a second order, and she had paid 5s. of the expences, but you did not pay it to me.
Prisoner's Defence. The prosecutor called on me; he asked if I could collect debts in any county; I said yes, I was a special officer of two or three counties; he told me to call, and he would have a list ready for me; he gave me my authority; I applied to Herrick, she paid me 5s., and promised to pay 10s. a month, but the month was not elapsed when I was taken; I told him Herrick had paid the 5s., but having the general authority to collect his debts, I did not think it necessary to pay him till the whole was paid; I had not absconded; I was living within six or seven miles, and had given out cards in the neighbourhood.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
ELIZABETH FULLER . I am a baker, at Harrow, and am a widow. About the 3rd of Aug., the prisoner came and told me he belonged to a new Court opened in the Strand, that it was a Sheriffs' Court to recover debts to any amount, and in any county—I asked if the people chose to go to prison instead of paying me, what I should have to pay—he said I should have to pay a deposit down, which he had to pay into Court, and that would clear me of all expences—I paid him 4s. for two bills—one of them was 12s. and the other was less—he said that that was a deposit which he had to pay into Court, or many people would be claiming debts that had not any owing them—I paid him the 4s. on the belief that he was a Sheriffs' officer, of this new Court in the Strand—he called upon me again, repeatedly, and I took out more orders—I paid him 1l. 14s. in the whole—on his calling afterwards, I refused to pay him any more on account of his neglecting to take out executions against two parties—he did not call again, and I never saw him any more—I got one debt by a post office order—the other people would not pay me—they said he was a swindler—I had asked him if that Court could recover a bill of 8l. or 10l.—he said, "Yes to any amount"—I should not have paid him any of this money if I had not believed the representations he made to me.
Prisoner. Q. You say I called on the 3rd of August, was it not on the 30th of July? A. No; I am certain it was on the 3rd of August—the first time I only requested you to get two debts—this paper (looking at one) is my writing—it appears that here are seven, but I only gave you two the first time—I did not offer to send the notices myself; of course I expected you to deliver them when I paid you for them—I cannot tell bow many times you called on me—you became quite troublesome at last—I never refused to pay you what you demanded—there were two or three parties who resided in town—those you never went near—I do not know where Foxwell and Wardle resided—you told me they resided in town—I authorized you to make these parties' money payable at Mr. Easter's, a livery-stable keeper, at the White Lion, to prevent their trouble in coming to me—Ambridge has not paid me any money—I never said I was satisfied—you said you could make them pay—you had been absent a fortnight when I gave Phillips instructions to take you—a person named Kidney was in my debt—I wrote to a person to employ a solicitor to get it—I was not dissatisfied with that solicitor—I said I believed he had forgotten it, and I gave it to you.
Q. Have you not arranged with that party, and are you not actually receiving money by instalments? A. No; he has not paid me a farthing—he came to me, and said he would make me the same offer that he did to the solicitor, to pay 4s. a month, but that you were a swindler, and he would have nothing to do with you—I did not say to you, "This solicitor has done nothing with that Kidney; I wish you to apply to him"—I had applied to Mr. Fulwood to employ a solicitor, and you said he had done nothing—I did not instruct you to write to a person named North; you wrote of your own head—I asked if you could obtain debts as far as Margate, and you said you could, you had officers in every county.
Q. Was there not a post-office order for it on the counter, and did you request me to write a receipt? A. No—I said I had a person there that I knew was in good circumstances—I said you should write, and I would ascertain where he lived, and you said, "We have officers in every county"—I sent my son to a neighbour to get the address, and before you came again I had received the money in an order; and I said, "I shall not want to trouble you again; I have received the money, but no expenses"—you said you would write to him to compel him to pay 3s. for expenses.
SARAH LYDIA FULLER . I am the daughter of Elizabeth Fuller. I was present when the prisoner was with my mother about recovering some debts—he said he was a Sheriff's officer to a new Court in the Strand for collecting debts to any amount, and in any part of the country—he said they had officers in all parts of the country—he said he was paid from the Court, and what we paid him was the mere deposit that he had to pay into the Court—I saw my mother pay him, in different sums, 1l. 14s.—I was always present when she paid.
Prisoner. Q. How many debts did your mother give me to collect on the 3rd of August? A. Two—my mother's signature is to this paper, but she did not give you all these debts at one time—the per-centage you charged for 1l. 14s. was 2s.—above 8l. it was 10s.—here is one debt 19s. 11d.—she paid you 2s. for that—here is another at Watford, for that she paid 4s.
JOHN PHILLIPS (police-constable T 33.) I made inquiry about the Court to which the prisoner said he belonged, in the neighbourhood of the Strand—I was not able to discover anything of the kind in the Strand, or any new Court for the recovery of debts all over England.
Strand for the recovery of debts all over England—I never saw the prisoner—if he is an officer, he must have been made one very lately.
Prisoner's Defence. I called on Mrs. Fuller, on the 30th of July, and left a card, which merely stated, "Tradesmen's debts speedily collected, by application to John Lester, Edge ware-road."—Mrs. Fuller told me to call again and she gave me these debts due to her to collect; some in town and some in the country; one is in Hertfordshire; and if I were an officer of the Sheriff of London, it is not likely that I should attempt to collect debts in Hertfordshire; she asked me in what Court she could proceed; I said in any superior Court, but most likely they would be tried in the Sheriffs Court; I called several times, and she was satisfied, or she would not have given me others; I stated in the notices that I was authorized by the plaintiff, but not stating about any Court; there is not the slightest evidence of any fraud, but a mere matter of contract; she has shown a most malicious feeling in not acknowledging the receipt of this money from Margate; it is possible that I might have stated that I had been a special officer of various sheriff's courts, which I can prove by the warrants to me directed, but certainly not for Middlesex; there has not been a fair opportunity given me for collecting them, it being only seven or eight days from the last time I saw her, till I was apprehended.
GUILTY . Aged 42.— Transported for Seven Years.
2949. FREDERICK LAWFORD and MICHAEL COPELAND were indicted for stealing, on the 19th of Sept., 3 ale glasses, value 1s. 6d.; 3 brushes, 1s. 6d.; and 1 spoon, 1/2 d.; the goods of William Clemeats: 2 flower pots, value 2d.; 2 geranium plants, 3d.; and 1 saucer, 1d.; the goods of Harriet Ann Gander.
FREDERICK WILLIAMS (police-sergeant S 26.) On the 19th of Sept., about nine o'clock at night, I saw the prisoners in the Hornsey-road, about 150 yards from the Forresters' beer-shop, coming from there towards London—I had received information, and stopped Lawford—I asked him what he had got in his pocket—he said, "Nothing"—I found a drinking-glass in his pocket—Copeland was in his company—he walked towards the wall, and we heard a glass fall over the wall—he dropped it over—(it was dark)—I then went to the wall and took Copeland—a young man with me got a light, and found the glass that Copeland had dropped—he came back over the wall—I handed Copeland to Beale, and I took Lawford again—I then saw Copeland hand something to Rolfe—I found it was a brush and another ale-glass—I found in his pockets two other brushes, and another ale-glass—in going along I found Copeland was very uneasy, and wanted to get rid of something—I put my hand into his pocket and found a spoon—when I first stopped them, Copeland had two flower pots in his hand, tied in a handkerchief, which he handed to some other person—(there were several persons about)—when we got to the station I found a saucer—Copeland said he did not know how the spoon came there, somebody else must have put it there—he said he lived at No. 15, Mary's-place, Mary-street, Hampstead-road—I went there on the 20th, and in searching I found two ale glasses and some other things.
Cross-examined by MR. PAYNE. Q. Did you see these persons come from the Forresters'? A. No; I met them on the road—they were not drunk.
HENRY ROLFE . I live in Hornsey-road—I was at the Forresters' beershop on the night of the 19th Sept., sitting in the tap-room, having a pint of ale—I saw the prisoners there—Lawford had a glass in his pocket—I told the
barmaid, and they sent me for a policeman—I was going back with the policeman, and met them—the policeman stopped Lawford, and Copeland went to the wall and threw a glass over—I got a light, and found it—on the road to the station, Copeland gave me a glass and a brush—he said, "Pray to God to screen me from this"—I gave them to the policeman.
Cross-examined by MR. PAYNE. Q. What are you? A. A coach-smith—I was drinking and smoking—nothing else—there was no tossing going on—there were seven or eight persons in the same room—I have known Copeland about eleven months; ever since the house has been opened—he had lodged there.
Cross-examined by MR. BALLANTINE. Q. You saw Lawford with a glass in his pocket? A. Yes; one part in his pocket, the other was hanging out—anybody might see it—he was drinking at the time—I cannot say which glass it was.HARRIET ANN GANDER. I am barmaid at the Forresters', kept by Mr. William Clements—the prisoners were there on the 19th of Sept.—I received information from Rolfe—I missed one glass first, and two afterwards—I afterwards missed three shoe brushes out of the drawer in the yard—I also missed a spoon, two flower pots, and a saucer—the ale glasses, brushes, and spoon, are Mr. Clements'—the flower pots and saucer belong to me.
Cross-examined by MR. PAYNE. Q. How do you know these glasses? A. One has the Forresters written on it—these flower pots were on a table in the back-yard—I have known Copeland between two and three years—he was in the habit of lodging at the house when my father kept it—we never missed any thing before—it was Copeland's wish to lodge there that night, and the landlady said she had not any room—she gave him a pint of beer because she could not accommodate him.
(The prisoners received good characters.)
LAWFORD— GUILTY . Aged 25.
COPELAND— GUILTY . Aged 26.
Recommended to mercy.— Confined Fourteen Days.
2950. ELIZABETH MAYES was indicted for stealing, on the 20th of June, 1 handkerchief, value 3d., the goods of Eliza Caroline Redhouse: and 1 fan, 5s.; 15 drawings, 2s.; and 3 engravings, 6d., the goods of Thomas Redhouse.
ELIZA CAROLINE REDHOUSE . I live with my father, Thomas Redhouse, in Southampton-street, Camberwell. The prisoner came in May last to our house, as a nurse, to attend on my mother, who was then ill—when she had been in the house about three weeks, I left the house, and was away for a fortnight—when I came back, I missed fifteen drawings and three engravings of my father's, from a portfolio in the back parlour cupboard, and a handkerchief of my own—these are them—(looking at them)—this fan belonged to my late mother.
Cross-examined by MR. PAYNE. Q. The prisoner remained in the house a fortnight after you? A. Yes—I left a servant in the house as well, but the servant went away before I came back—the prisoner was to have half-a-guinea a week for the three weeks, and I paid her 1l. 11s. 6d.—she was to have 3s. 6d. a week for the fortnight—she sold some medicine bottles for me—I sorted out some old rags, but no shirts—I know this fan by the figures on it—there is no mark of my own on it—I missed the drawings in July—the prisoner left in the middle of June—I think she was taken at the end of September—she was paid and settled with before she went—I paid her the
money, 7s.—she sold a scarf for me for 18s., and a dress for 5s.—that was after she left—she took the things with her, and sent me the money for them, but I did not see her after she left—she lived with some of the Tappingtons our cousins, after she left us.
JOSEPH YAPP (police-constable D 38.) On the 25th of Sept. I apprehended the prisoner, in a gentleman's house at Maida-hill—I had before that searched a house at Chiswick, in which she had a room, as her daughter told me—in a box in that room I found these drawings—Mr. Red-house was with me, and identified them—I showed them to the prisoner at the station—she did not say anything then; but afterwards, in coming across the Park, she said she was cleaning out a cupboard at Mr. Redhouse's, and took them from there at mere rubbish—I afterwards searched her room again with Sergeant Bevill, and saw him take this fan out of a tea caddy, which was opened with a key which was got from the prisoner—she said a sailor, who was dead, gave her the fan and case.
(The prisoner received a good character.)
GUILTY . Aged 42.— Confined Three Months.
WILLIAM BOULTON . I live in Whiskin-street, Clerkenwell—I had this coat in my cart, which stood at the door of a shop in Theobald's-road—I was in the shop—a boy who was with my cart, said, "Here is a boy taking the coat"—I looked, and saw the prisoner running with it—he dropped it—I went and took him—I had never lost sight of him—he said it was not he that did it.
Prisoner's Defence. I was on the other side of the way, and had the coat brought to me by a gentleman, who offered me 1s. to carry it; he chuck'd it on my arm.
GUILTY . Aged 18.— Confined Two Months.
CHARLES EDWARDS JAQUES . I live in Hare-street, Bethnal-green, and an foreman to Mr. Frank Jaques, a dyer—the prisoner was in his service, and in the employ of my uncle, who was his predecessor, for seventeen years—I was induced to watch the prisoner on the 12th Oct., and concealed myself in an oak chest, in the skeining room, for about two hours; and saw the prisoner come up with a lamp to look at the clock—he went down again, and in ten minutes he returned and opened the bin where this silk was concealed, and took it out—he threw it on his arms, then took two of the handfuli off, and was tucking them inside his bosom—I immediately opened the chest that was in, walked up to him, and said, "William, I have caught you at last; I have been looking for you for two months past"—he closed his hands, and begged I would forgive him—this silk belongs to Mr. Ballance, but while on the premises it is the property of Mr. Frank Jaques.
Cross-examined by MR. PRENDERGAST. Q. The prisoner had been seventeen years in the employment? A. Yes; but he had been away for two or three years—he was foreman, but was discharged for drunkenness—I put a stick under the lid of the chest to prevent it shutting, and could see who came in, and they not see me—the bin is a place we put cut slips in—we have
twenty men—the prisoner pot his lamp down, and then took the silk out of the bin—he took out this silk—here is 31bs. of it—he had put about a third part of this into his bosom, and was getting more ready to put in.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined Twelve Months.
NEW COURT.—Friday, October 27th 1843.
Fifth Jury, before the Common Sergeant.
2953. WILLIAM GUNN was indicted for stealing, on the 28th of Sept., 6 numbers of a periodical publication, called "Parley's Illuminated Library," value 6d.; the goods of Richard Egan Lee and another, his masters; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
2954. JAMES WENT was indicted for stealing, on the 30th of Sept., 2 1/2 lbs. of pork, value 10d.; the goods of Edward Claridge Laman; and that he bad been before convicted of felony; to which he pleaded
GUILTY . Aged 14.— Confined Six Months.
2955. MARY COSTELLO was indicted for stealing, on the 2d of Oct., 1 blanket, value 6s.; 1 shirt, 3s.; and 1 clock, 11s.; the goods of Henry Costello; and that she had been before convicted of felony; to which she pleaded
GUILTY . Aged 17.— Confined Six Months.
GUILTY .— Confined Two Months.
MESSRS. ESPINASSE and HUDDLESTONE conducted the Prosecution.
CHARLES SCOTT . I am barman to Mr. Halifax, a publican, in Queen's-buildings, Knightsbridge. On the 10th of Oct., at half-past nine at night, the prisoner came and bought something, and paid for it with half-a-crown—I pulled out the till and put the half-crown in—I went to another till, and gave him change—there was no other half-crown in the till but that one—my master went to the till, took the half-crown, marked it, and gave it to the officer—it was the one I got from the prisoner—I described him to the policeman, who came next morning and described the prisoner to me, and I said he was the same.
COURT. Q. If you described him, why need he describe him to you? A. To know whether he was the same—the policeman came in and said, "I understand you had a counterfeit half-crown passed here last night?"—I said, "Yes, we had"—he said, "What sort of a man was it?"—I said, "A man in a green frock, rather stout, with a black bat on"—he said he was the same man.
JOSEPH RUSSELL . I am shopman to Mr. Allum, oilman, Queen's-buildings, Brompton. About a quarter past nine o'clock in the morning of the 11th of Nov., I saw the prisoner loitering about the door, looking at the playbills—he came into the shop, and asked for some yellow soap, which came to 5 3/4 d.—he gave me a five-shilling piece—I perceived it was bad—I went out for a
constable, and told my master to take care of him—I returned in ten minutes, and he was gone—I went out, found him, and gave him in charge—I kept the crown in my hand, and marked it.
JOHN FRIENDSHIP (police-constable B 159.) I went in pursuit of the prisoner with Russell, and took him in Cadogan-place—he said nothing at first, but on my taking him to the station, he said he knew nothing of it—I got this crown from Russell, and this half-crown from Scott.
Prisoner's Defence. I offered a crown-piece for the soap, he said it was bad; I said I was not aware of it, I had received it for my service as a drover; he gave me into custody. The policeman induced the pot-boy to come as evidence.
GUILTY . Aged 30.— Confined Six Months.
MESSRS. ESPINASSE and HUDDLESTONE conducted the Prosecution.
SARAH ELIZABETH NORRIS . I am barmaid to Mr. Compton, of the Cadogan-hotel, Sloane-street—between three and four o'clock in the afternoon, of the 12th of Oct., the prisoner came, and called for half-a-quartern of gin—it came to 2d.—he gave me a half-crown—I put it into the till—there was no other half-crown there—I gave him 2s. 4d.—he went away—my master took the half-crown out of the till.
Prisoner. Q. How was it you found but it was bad? A. A young man said, "Do you know who that is? he is a smasher "—my master took the half-crown out.
HENRY JAMES COMPTON . I keep the Cadogan-hotel—I saw the prisoner drinking gin-and-water—I examined the till, and found one half-crown—there was no other there—I kept it till the next morning—I marked it, and gave it to Pauling—I am sure it was the same.
ELLEN ORPWOOD . I am the wife of Matthew Orpwood, of the George, Church-lane, Kensington. About a quarter before six o'clock, on the 12th of Oct., the prisoner came and asked for some gin-and-water—he put a half-crown down—I took it up, and said, "This is a bad one"—I cut a piece out of the side—I gave it to my husband—he tent for an officer—he caught hold of the prisoner, and while he did that the half-crown fell from my husband—the prisoner took it up, and gave it to the officer.
Prisoner's Defence. I took them both of an omnibus conductor.
GUILTY . Aged 25.— Confined Six Months.
MESSRS. ESPINASSE and HUDDLESTONE conducted the Prosecution.
WILLIAM BAXTER . I keep a pie shop in Gray's-Inn-lane. Between four and five o'clock, on the 9th of Oct., the prisoner came for a penny eel pie—she gave me 1s.—I found it was bad—I went outside to look for the policeman—I cut the shilling in half, gave it back to her, and she went away.
Prisoner. I never was in his shop. Witness. I know her well, by taking such notice of her—next morning the policeman came, and I went to the
station—they were sitting in a row, and I picked her out—I am sure she is the same.
EDWARD SWEATMAN . I am a tobacconist, in St. John-square, Clerkenwell. In the evening of the 9th of Oct., the prisoner came for half an ounce of tobacco, which came to 1 3/4 d.—she gave me 1s.—I gave her 10 1/4 d.—as soon as she was gone I discovered the shilling was bad—I sent a man after her, and she came back with a policeman.
Prisoner. This is not the man that served me. Witness. I swear served her—no other person serves bat my wife.
THOMAS TAYLOR (police-constable G 230.) I took the prisoner on the 9th of Oct.—she was searched by a woman at the station, and nothing found on her—she gave me 10 1/4 d., and the tobacoo which was in her hand—I got this shilling from Sweatman—the prisoner said she had been sent for half an ounce of tobacco by some man—there was no man with her.
Prisoner. The man was in the public-house waiting for me. Witness. She did not tell me that he was in the public-house.
GUILTY . Aged 89.— Confined Six Months.
MESSRS. ESPINASSE and HUDDLESTONE conducted the Prosecution.
MARIA ELLEN HAWKES . I am the wife of William Hawkes, a grocer, in King-street, Hammersmith. Between six and seven o'clock, in the evening of the 5th of Oct., the prisoner came to my shop for half an ounce of tobacco, and give me a half-crown—I thought it was bad—I rubbed it with my thumb, and compared it with an old one in the till—he said, it was good, I was to bound it on the counter—I gave him 2s. 4d. and a new farthing—I put the half-crown into the till—it was a bright new one, and the one in the till was an old one—in the course of the evening the policeman came—I gave him the half-crown I had received from the prisoner—I marked it—from the time the prisoner came, there had been no person serving in the shop.
CHARLOTE DYER . I live with my brother, a tobacconist, in Newland-place, Kensington. On the 5th of Oct. the prisoner came for half an ounceoe of tobacco—I served him—he threw half-a-crown on the counter—I took it up, and went for my brother—I gave him the same half-crown—my brother went away with it for an officer.
Prisoner. Q. Did not your brother give it to the green-grocer? A. No—my brother marked it before he gave it to the policeman—I can swear the half-crown you gave me was not changed.
Prisoner. Q. Did not you give that into the hand of the green-grocer? A. No.
GEORGE DUNBAR (police-constable T 91.) I was brought to Dyer's shop on the 5th of Oct.—I took the prisoner, and received from Dyer this half-crown—on the same evening I went to Hawkes, and received from his wife another half-crown—I found on the prisoner 2s. 4d., and a new farthing, and a half ounce of tobacco wrapped in this paper, with Mr. Hawkes' address on it.
GUILTY . Aged 25.— Confined Six Months.
JOHN FULLER . I am a surgeon's machinist, and live in Whitechapel-road. The prisoner was in my employ six or seven months—on the 22nd of Sept. I gave her in charge for stealing a lancet-case—there was a search made for this lancet-case, and part of it was found at the silversmith's—it is mine—it is broken up—I can swear to it—it is worth 15s.—it is not all here.
SAMUEL CAPON . I am a jeweller, and live in Cannon-street, St. George's A woman came with a child about half-past four o'clock, and asked me to buy some pieces of silver—I said, "Yes"—I went round, and looked at it—it was some pieces of silver—I cannot tell who I bought it of—I gave 1s. 4d. for it—I noticed the child that was with the woman—it is not here—I live about five minutes' walk from Riggles.
MICHAEL CONVEY (police-constable H 138.) I took the prisoner, and told her she had no occasion to anwer me unless she thought proper—I asked whether she had been to Shadwell—she said, no—I asked if she had been in any shops—she said, no, and had not sold any silver.
THOMAS BARKER HARNE BRIGGS . I am apprentice to the prosecutor. About half-past four o'clock in the afternoon of the 22nd, I saw the prisoner come out of a jeweller's shop—in a few minutes I went into the shop, and received information—I found this silver at Capon's.
Prisoner. I leave it to the mercy of the Court.
NOT GUILTY .
HENRY PLUMMER . I live in Golden-lane—my brother John is the owner of the manufactory; the prisoner was in his service. On the night of the 24th of Sept. I fastened the door of the manufactory and the store-room—I left at a quarter past eight o'clock—I came on Monday morning, and found the cupboard broken open by a chisel or some instrument, and the chisel in the cupboard.
ANN DYER . I am servant to John Plummer. About half-past eight o'clock this evening my mistress gave me 5s. in copper, in a brown paper—I put it into the cupboard in the store-room—I am sure it was put in safe, and the door fast—on the Monday morning I went to the store-room at a quarter past eight, and the cupboard was broken open, and the money gone—the prisoner ought to have arrived about six on the Monday morning.
ALICE BURKE . I had the key of the store-room on Saturday night—I got there about six o'clock on Monday morning—the prisoner came for the key about seven—I gave him the key, which enabled him to get into the store-room.
JOHN ROBERT ADAMS . I am employed in the manufactory. I received information between eight and nine o'clock, and went in pursuit of the prisoner—he ought to have been at work on Monday morning—he was gone—I went after him—I overtook him, and asked why he did not come to work—he said he was ill—I said, "You are accused of taking a 5s. paper of halfpence out of the cupboard"—he denied it—I felt about, and took 3s. and some odd pence, in penny-pieces, from his trowsers pocket.
GUILTY. Aged 17.—Recommended to mercy. — Confined Eight Days.
2963. WILLIAM WILSON was indicted for stealing, on the 21st of Sept., 2 cabbages, value 3d.; 18lbs. weight of potatoes, 1s.; 16 apples, 5d.; 5 onions, 2d.; 1 turnip, 1/2 d.; 4 pears, 2d.; 2 lemons, 2d.; 3 bundles of wood, 2d.; the goods of William Alfred Hanshaw; and that he bad been before convicted of felony.
WILLIAM ALFRED HANSHAW . I keep a greengrocer's shop in Tyndal-place, Gray's Inn-road. About ten o'clock in the evening of the 21st of Sept. my house was shut up—between twelve and one I was called up by Portsmouth—he had detained a servant of mine who had slept in the house, and the prisoner, together with a sack containing these vegetables—they are mine, to the best of my belief—I had such things—the bill against my servant was thrown out.
GEORGE PORTSMOUTH (police-constable E 117.) I was on duty between twelve and one o'clock—I saw the prisoner with a sack on his shoulder, about twenty yards from the prosecutor's—I stopped him, and asked what he had got—he said, "Two cabbages, and five bundles of wood"—I asked where he got them—he said, "From George Webb, at Mr. Hanshaw's—I went back, knocked, and asked Webb if he had sold any thing—he said, "Yes, 6d. worth of potatoes"—I called up Mr. Hanshaw, and in the sack found the whole of this property.
Prisoner's Defence. On that evening I went to Mr. Hanshaw's, and bought the things; the policeman took me back; Webb said I had bought the things, and there was the money; Mr. Hanshaw said he believed them to be his, and owned the sack; next morning he said the sack was not his.
GUILTY . Aged 25.— Transported for Seven Years.
DANIEL DESMOULINS . I live in Gainsford-street, Horselydown, and am warehouseman to William Merry and another, of Whitechapel. On the 27th of Sept. we had some firkins of butter in the warehouse—I received information between eleven and twelve o'clock, and missed a firkin of butter from the warehouse—the carman went after the man—the firkin was brought back to the warehouse—it was their butter.
Prisoner. Q. Was it not on the ground? A. No, on your shoulder.
Prisoner. I saw a man put it down at the corner of Petticoat-lane; I went up, and the policeman came and took me.
GUILTY . Aged 20.— Transported for Seven Years.
MAURICE MONSANTO . I am a merchant, and live in the Strand. A little past eight o'clock, on the night of the 25th of Sept., I was looking at a print-shop in the Strand, and felt my handkerchief taken from my pocket—I turned round, and saw the prisoner with it under his coat—I took it from him, and he escaped—I am sure he is the man—I had seen it safe two or three minutes before.
Prisoner. I found it at the gentleman's feet. Witness. No; it was in my right-hand pocket.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
JOHN SPRACKLAN . I keep the Bricklayers' Arms, Homer-street, Marylebone. The prisoner came for a night's lodging on the night of the 9th of Oct., and went away in the morning—I followed her, and found wrapped round her this counterpane, which was mine.
Prisoner. I was going to pledge it; I told the prosecutor's wife what I was going to do with it; I was in distress, and had just come out of the hospital Witness. She denied that she had it at all, till I shut the door and said I would send for an officer—she did not say my wife allowed her to do it.
GUILTY .† Aged 38.— Transported for Seven Years.
RACHEL HOWSE . I am the wife of John Howse, The prisoner was cleaning my window on the 2nd of Oct.—I missed two half-crowns, and some shillings and sixpences from a bag in a drawer in the kitchen—I said "Who has got my silver?"—Mr. Bennett said they had better have a general search—their pockets were turned out, and in the prisoner's pocket there was a sixpence found—Mr. Bennett said, "Well, Charles, you may as well take of your boots"—a constable was sent for—the prisoner then said, "I have got it"—he took off his boot, and shook out some silver.
Cross-examined by MR. CURWOOD. Q. Do you know that to be the silver you lost? A. I can swear I had two half-crowns in my bag.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined One Year.
2968. ELIZABETH HARRIS was indicted for stealing, on the 1st of Sept., 10 handkerchiefs, value 15s.; 1 brooch, 2s.; 1 pair of ear-rings, 9s.; 7 pairs of stockings, 7s.; 3 pairs of gloves, 3s.; 1 tootb-pick, 6d.; I earring-drop, 2d.; 1 sixpence, and 1 penny; the property of Sarah Bay, her mistress.
SARAH BAY . I am a laundress, and live in Dorset-street, Spital-fields. The prisoner was in my service for two weeks, and left without notice—after she was gone I missed these ten handkerchiefs and other things—I went to bet sister's, at Hoxton—I found four handkerchiefs and two pairs of stockings there—next day her mother and sister came with her to my house with other handkerchiefs and the duplicate of the brooch, which was pledged at Chelses—she said she could not get the ear-rings, they had been stolen out of her box—I gave her into custody.
GEORGE TEAKLE (police-sergeant H 8.) I took the prisoner—she said these were all that she took, except two pairs of stockings, and they had been taken from her by a girl she was living with—I found a drop in the prisoner's pocket.
GUILTY . Aged 18.— Confined Three Months.
CATHERINE FREEMAN . I am the wife of William Freeman. About eleven o'clock, on the 26th of Sept, I answered a knock at the door, and found the prisoner there—he said he came from the tailor's for a coat—I showed him into the parlour, and sent for Mr. Freeman, but he did not come—I then went to the parlour door and asked the prisoner if he came from Mr. Graves of Holborn—he said yes—believing he came from there, I went up stairs, brought this coat down, and gave it him—he went away, and in ten minutes my husband came in.
WILLIAM FREEMAN . I did not send the prisoner for my coat on the 26th of Sept.—this is my coat—I overtook the prisoner in Margaret-street, and asked him if he was the person who called at my house for a coat—he said he was, and told me he would let me have the coat—he took me into a house in Margaret-street, and gave it me out of a handkerchief in which there was another coat.
GUILTY . Aged 20.— Transported for Seven Years.
(There was another indictment against the prisoner.)
WILLIAM HATTER . I am a clerk, and live in Harland-street, Fitzroysquare. At a quarter before eight o'clock, on the night of the 23rd of Oct., I was in Holborn—I felt something like a hand in my pocket—I felt, and my handkerchief was gone—I turned, and saw the prisoner making off—I endeavoured to pursue him, but my path was obstructed by a woman—I followed him down a lane, and lost sight of him for half a minute, while he turned the corner, and, on turning, the officer had him, and gave me my handkerchief.
HENRY CHURCH (police-constable D 66.) I heard the cry of "Stop thief," and saw the prisoner come round Cordhouse-place—he threw a handkerchief down an area—I took him in Marylebone—I went down, and brought this handkerchief out of the same area—there was no other man near that could have thrown it down.
GUILTY . Aged 28.— Confined One Year.
ABRAHAM RAPHAEL . I am a dealer, and live in Harper-place, St. George's. The prisoner lodged in my house—I missed a waistcoat and several things—I told him I should give him in charge for a forgery at first, but I gave him in charge for this robbery—he said, "For God's sake, say nothing about it; here are the duplicates of the property"—he gave me the duplicate of this waistcoat—I found it at the pawnbroker's.
Prisoner's Defence. This waistcoat, a suit, and the quadrant, were sold to for 1l. 2s.
GUILTY . Aged 20.— Confined Six Months.
HENRY OSBORNE THOMPSON . I am a tobacconist, and live in Upper Queen-street, Pentonville. On the evening of the 19th of Oct. I was in my back parlour—the prisoner passed the shop two or three times, then crawled in on his hands and knees, took this box of cigars from the shop board, and ran away—I ran after him, and stopped him—he stopped before I took him, and put the box down at my neighbour's door—I am sure he is the person.
Prisoner. I was passing; the prosecutor took me, and said, "Where are those cigars?" I said, "What? I saw none;" there were three or four other boys before me. Witness. I saw no others.
GUILTY . Aged 28.— Confined Three Months.
SARAH ANN GUILLINE . I live in Eden-place, Iyy-place, Hoxton. I was in the parlour, minding my aunt Eliza Guilline's shop on the 5th of Oct.—I heard a noise in the shop—I went out, and saw the prisoner leaning over the counter, with his hands in the till—I took hold of him—he dragged me out into the street, down the stone steps, and got away—I missed 5d. from the till—I am sure he is the person—he had come in the afternoon for two halfpence for a penny, which I gave him.
JAMES CAFFRY (police-constable N 153.) I heard a cry of "Stop thief," and saw the prisoner running—I took him to the station—I sent for the witness—she identified him immediately—I found a sixpence and 4d. in copper in his pocket.
Prisoner's Defence. I went for half an ounce of tobacco, and the woman came out and laid hold of me; I was knocking the halfpence on the counter; the took hold of me; my hand was not in the till.
GUILTY . Aged 15.— Transported for Seven Years.
SAMUEL PRESTON . I live in Charles-street, Hampstead-road—the prisoner lived there too. I put these articles into a drawer in my room—I saw them safe on the 25th of Sept., and missed them on the 30th—I accused the prisoner—she said she was not the party—these are my things—I found the
duplicate of them on the top of the soil in the water-closet, about an hour after the prisoner had been there.
MARY CLARK . I am the wife of Thomas Clark. The prisoner went away and came back again—I accused her with the robbery, and she went into the yard—I watched her into the water-closet, and out again—a policeman was sent for.
(The prisoner received a good character.)
GUILTY. Aged 21.—Recommended to mercy. — Confined One Month.
2976. ANN MORRIS was indicted for stealing, on the 14th of Oct., 1 shirt, value 2s.; and 1 handkerchief, 2s.; the goods of Elizabeth Flanagan, her mistress; and that she had been before convicted of felony.
ELIZABETH FLANGAN . I am single, and am a laundress; I live in Mount-pleasant, Upper Clapton—the prisoner worked with me. On the 14th of Oct. I put a shirt and handkerchief in a basket, and gave them to the prisoner to take to Mr. John Burgess, one of the five bouses in Lower Clapton—I inquired where they ought to have gone to, and found they had not been delivered according to the inventory, which in presence of the prisoner I placed in the basket—these are part of the things.
JOHN GULLIVER (police-sergeant N 8.) I had the prisoner at the station—she was in great pain, and wanted to go to the water-closet—I showed her there—she staid there rather long—after she came out, I went, and found the ticket of these things.
GUILTY . Aged 39.— Transported for Seven Years.
(There was another indictment against the prisoner.)
JOHN YATES . I live in Holywell-street, Shoreditch. I was opposite Mr. Rawding's shop on the 27th of Sept., and saw the prisoner Pond take two pairs of trowsers, and wrap them up in his apron—Walker was outside the shop—they went away together, and joined at the bottom of the street—I had seen them together many times, and they both went to the shop.
Walker's Defence. I came past the prosecutor's shop, I looked in, and saw a pair of trowsers I thought would suit me, but I went home and bad my tea.
POND— GUILTY . Aged 21.
WALKER— GUILTY . Aged 21.
Confined Four Months.
WILLIAM JAMES LEWIS . I am shopman to Sarah Cordwell, a pawnbroker, in Exmouth-street. I saw this telescope safe at the beginning of Oct., I think about the 2nd or 3rd—I was watching the prisoner and another person, about half-past four or five o'clock—I saw the prisoner take up the telescope, look at it, and put it down—he then held up his coat in his hand, while the other took the telescope, and they walked away.
Prisoner. Q. How far does your show-board stand out from the shop? A. About two feet—you turned towards Bagnigge-wells-road, and the other towards Exmouth-street.
WILLIAM JOHN BIRD . On the 3rd of Oct. I saw the prisoner and another come up to my shop—(I had previously seen them trying to take something from my shop, they were handling a pair of pistols of mine)—I put on my hat and followed them—the other one crossed over—the prisoner then went on to the corner, he then turned back and went to the other—they both west to Mrs. Cordwell's shop—the other one tried to get some brushes, but could not reach them—he then took the telescope, looked at it, and pot it down again—the prisoner then took it, looked at it, and put it down again—the prisoner then took it, looked as it, and put it down—they went to the corner to see that nobody was about—I then saw the prisoner go and hold up the skirt of his coat—the other took the telescope, put it in his breast, and they walked different ways.
Prisoner. Q. Did you not say that you did not see me touch the telescope? A. No; I came forward because I have seen you so often, and I wish to get rid of you—I have seen your coat, it is a Newmarket-cut coat—when the other man was apprehended he got a sound hiding, and they let him go—when I took you you made a little resistance—I got the aid of another man, or I should have had some difficulty.
Prisoner. The case may appear black against me, I admit; but as I stand here before you all, I am innocent.
GUILTY .† Aged 24.— Transported for Seven Years.
2979. FREDERICK JAMES was indicted for stealing, on the 18th September, 1 coat, value 10s.; 1 handkerchief, 2d.; the goods of Thomas Atkins: 1 waistcoat, value 2s.; and 5 shillings and 1 sixpence, the property of John Salter.
THOMAS ATKINS . I lodge in John-street, Edgware-road. The prisoner was lodging there also—I had a coat and handkerchief safe on the evening of the 17th Sept.—the coat was in the cradle—the prisoner slept in the adjoining room—I got up the next morning at half-past five—they were then gone—my coat has not been found, but this is my handkerchief—it was on the prisoner when he was taken.
GUILTY . Aged 18.— Confined Three Months.
FREDERICK MILLS . I am shopman to Thomas Reed—on the 4th of Oct. a little boy spoke to me—I went out and saw the prisoner with this piece of print under her arm, and her cloak over it—it is my master's.
Prisoner. I wanted him to cut me an apron off it; I had the money in my
hand, and was not from the door; there are threr or four shops, and I was going into the right shop. Witness. She had got six or seven yards from where she took it from—she was going away from the shop altogether—the print was covered over, it could not be seen at all.
GUILTY .* Aged 47.— Confined One Year.
MR. CLARKSON conducted the Prosecution.
JOSEPH WALDEN . I am an officer of the Customs, and was on duty at St. Katharine Docks on the 4th of Oct., and saw the prisoner coming through the dock-house, about twenty minutes to two o'clock in the afternoon—I called to him to stop, which he did—I said, "Have you not something in your hat?"—he said, "No, I have not"—I seized him by the coat, took off hit hat, and found 21bs. of indigo in it—Stevens, the constable, searched him, and found 3/4 lb. more.
Prisoner. I should have had Mr. William Dixon, my employer, here—I have no doubt he would prove that it was not the property of the Dock Company—he lives at Rotherhithe, and is in the indigo trade—I had been to him to get the particulars of three chests—this indigo came out of Mr. Dixon's warehouse—I am sorry to say I took it from Mr. Dixon—I took it into the Docks, and brought it out.
HENRY STEVENS . I am a constable at St. Katharine's Docks—Walden brought the prisoner to me, and showed me his bat, and I found in it 21bs. of indigo, tied in a handkerchief—I asked if he had any more—he said yes, two more cakes in his pocket—I asked where he had been, he said to letter F warehouse, to his master, Mr. Dixon, and he said he was going on an errand—I asked him if Mr. Dixon gave him the indigo to take out—he said no, be knew nothing about it—he showed me this paper, which he had in his hand—I know the F warehouse, and I know there is a floor called the indigo floor—I locked him up, and went to the F warehouse, to see Mr. Dixon—I then took the prisoner to the superintendent—he said he bought the indigo for 5s. at a public-house, the Black Horse on Tower-hill, in the tap-room, of a man, that he should not know the man again—he said he afterwards took it into the Dock—in going to the Police-office he asked what I thought would be done to him—he said, "Do yoo think they will take me up?"—I said, "I think it likely you will be remanded"—he said there was one thing he was sorry for, and that was, for giving his right name; and if they sent him to prison, he should not live to come out, he would rather be transported, because his character was gone.
Cross-examined by MR. WILDE. Q. When did you recollect the last statement? A. At the Police-office—I know it is not in the depositions—the Magistrate said he did not want to hear what he said—there are a great many persons sometimes in the F warehouse—this indigo is marked "S. A. R."—I do not know that it has a great circulation in town.
JOHN FITZGERALD . I am a labourer on the indigo floor, at St. Katharine's Docks. On the 4th of October I was there with Mr. Dixon—I was appointed to attend to him—there were from half-a-dozen to ten samples of indigo on the table—the prisoner came there between one and two o'clock, and spoke to Mr. Dixon—Mr. Dixon handed him a piece of paper, about the size of the piece produced when he went away.
Cross-examined. Q. You were near to both Mr. Dixon and the prisoner?
A. Yes—but when Mr. Dixon began to speak to the prisoner I drew back—Mr. Dixon acts as a broker.
JOHN MILLS . I am superintending inspector at the Docks. On the 4th of Oct. there was indigo on show—brokers and other persons came to inspect it—we had chests of this indigo in the Docks that day, and had samples of them laid on the table for inspection—the indigo with this mark is peculiar to the Dock Company—I have been familiar with indigo upwards of thirty years, and believe this indigo is the same as that we had out on show.
Cross-examined. Q. Are you prepared to swear that no indigo marked as this is comes from other warehouses? A. I think I can—I believe there is no other such indigo in any other dock besides ours—I inquired at the London Dock, and at the Fenchurch-street warehouse—I am aware that the same samples do not go to the Old Jewry warehouses—I do not recollect any importations of this indigo till within the last two or three years—the importations have been very small, and I believe they have come to our docks—a small quantity came about twelve months ago, marked with the same initials, and that has been sold.
(The prisoner received a good character.)
GUILTY . Aged 27.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
JAMES HAWES . I am foreman of the tea-warehouse No 1, in the Import Dock at the East and West India Docks. At half-past eleven o'clock in the morning, on the 21st of Oct., I was in the warehouse, and saw the prisoner standing against a package or small chest of tea—he was taking out the paper parcels in which the tea was enveloped—he apparently took out two or three at a time—he then moved from the chest, and stooped down—I afterwards saw a mat in which he placed the packages of tea—I passed him, and returned again—he was still there—I had not lost sight of him—he had no business to remove the tea from the chest—he was an extra labourer in the dock—before I returned the officer had taken him, and five packages of tea fell out of the mat, which was then examined, and three more packages of tea found in it—there is a Chinese mark on them—the chest was full of them, and on examining it I missed eight—he said he knew nothing about them.
Prisoner. Q. Was I not employed in the floor No. 1, where there were 150 men, and a great many packages broken; and during the week, when the scale went off, did you not tell me to go and remove these mats and rubbish away from the chests? A. You had no business that day in the warehouse No. 1—you might have been ordered to remove mats and rubbish from different parts, but there were none there—I never saw you there till you were plundering the package.
PETER SHEFFIELD . I am a labourer. On the 21st of Oct., about eleven o'clock, I was in No. 1 tea-warehouse—I saw the prisoner tying up the bundle with the mats—such tea as this would not be considered rubbish, that he was to tie up—I said, "What are you after?"—he said, "I am going to tie up this rubbish, and throw it out"—I said. "These are not rubbish, they are what belongs to the merchant"—I took the mats, and out fell five packages of tea—they were then examined, and out fell three more.
Prisoner. Every day I had to chuck the rubbish out of the loop-hole for other people and myself to take it away; when these fell out, I said, "How came they there?" There are two officers at every gate; I could not have
taken these out if I had chucked them out with the dirt; I deny moving them; whether they fell out, I do not know; I did not know they were there; I was tying these up, as is stated, and the witness said, "They must not go out;" and I said, "Very well, let us take them back." Mr. Stevens sent me to do this rubbish.
JAMES HAWES re-examined. He had no business to remove any of these at all on that day—-a week previous to this he was employed in this ware-house, but on that morning I ordered him to go on board ship—supposing he had business in this warehouse, he had no business to take these out.
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined Six Months.
JOHN PERRYMAN . I live in Bishop's-terrace. On the 4th of Oct., between seven and eight o'clock at night, I met the prisoner at Charing cross—(I had drank a little)—she asked me to take a walk, which I declined—she asked me to give her a glass of drink, which I did—she then said she was destitute—I gave her 1s.—she said, "You are a good fellow, but you shan't go yet, we will have some more to drink"—we had some—she then called a cab, shoved me into it, and got in, and, in going along, I felt her band on my breast—I missed my breast-pin, and accused her of it—she said she had not got it, if I had lost it it must have fallen from me—when I got out I gave her into custody.
Prisoner. You said you would not pay the cab, you had no money, and I said I would take the pin till you had paid the cab. I had been drinking; I had it in my hand when I got out, but I got so affected that I do not know what became of it. Witness. I had tome money in my pocket when I was pushed into the cab—whether I lost it in getting in, or what, I do not know, but when I got out I had only one halfpenny.
JOHN ROGERS (City police-constable, No. 333.) I took the prisoner in Fleet-street—the cab was going away just as I got up—I cannot say who paid it—I heard the prisoner say, "I will give you the pin if you will pay the cab. "
2984. SAMUEL COOK was indicted for stealing, on the 10th of Oct., 1 shawl, value 19s.; 1 gown, 8s.; 1 collar, 6d.; 3 stockings, 4d.; 1 key, 6d.; the goods of Mary Ann Wood: and 1 candlestick, value 1s. 2d.; and 1 razor, 6d.; the goods of Mary Ann Hatswell.
MARY ANN WOOD . I am single, and live in Market-street, Edgeware-road. I met the prisoner in the street, on the morning of the 10th of Oct.—I went home to sleep with him—when I awoke at seven o'clock in the morning he was gone, and had taken my shawl, gown, and the other things.
Cross-examined by MR. PAYNE. Q. What time did he go with you? A. One in the morning—I think he was with me an hour before I went to sleep—he did not give me any thing—he left his watch with me, and I put itintoa drawer in a chest of drawers in my room—he took it out afterwards—I have not got we watch—he did not appear to have been drinking—I had no quarrel with him—these are my things—I lodge in my own room—I had never seen him before—he was to have staid all night with me—he dropped a card in my place—I went to the place mentioned on it the next morning, and heard of him—he first spoke to me, and asked to go home with me—he was sober.
Cross-examined. Q. What do you do with the razor? A. I am troubled with corns.
(Richard Tozer, a master chimney sweeper, in Adam's-mews, and John Addis, gave the prisoner a good character.)
GUILTY . Aged 34.— Transported for Seven Years.
JAMES BLENKINSOPP . I live in Christopher-street, Finsbury, and am as oil merchant. On the 10th of Aug., the prisoner came into my service—I missed two water bottles, a wine decanter, and a great many other things—these are my water bottles—(looking at them)—they have my mark on them.
Prisoner. Mrs. Blenkinsopp gave the bottles to me—my master knew where to find me. Witness. Mrs. Blenkinsopp was examined at Worship-street on her oath, and she swore to the contrary before the prisoner.
MR. BLENKINSOPP re-examined. When she had been with me about a month she came home drunk—I went into the kitchen, and missed a great number of things, and on the 16th of Sept. I discharged her.
GUILTY . Aged 43.— Confined Six Months.
MART ANN GULLY . On the 5th of Oct. I saw the prisoner go into Mr. Elsdon's house—she had nothing with her, but when she came out she had something in her apron—in five minutes Mrs. Elsdon missed her things.
JAMES ROOKER (police-constable K 243.) I took the prisoner from the description of Mrs. Gully and the pawnbroker—I took another woman first—I found the prisoner at the Thames Police Court, where she was charged with being drunk and disorderly.
Prisoner. Q. Did not you take me to a broker's shop, and did not the woman say I was not the person? A. It was a second-hand shop—they said it was another woman who offered them for sale—I took you to the pawnbroker, and he identified you—Mrs. Gully identified you the moment she saw you.
NOT GUILTY .
between one and two o'clock, I was in a public-house In Catherine-street, straod—I felt a sudden tug, and missed my handkerchief—I turned to the prisoner, who was quite close to me, and said, "You hare got my handkerchief, give it me"—he denied it, and said he had only one, and that he produced, but that was not mine—this is my handkerchief.
Prisoner. Q. Is there any mark on it? A. No, but I know it by its being a particular handkerchief.
THOMAS VENESS (police-sergeant F 22.) I took the prisoner—he denied having the handkerchief—I found it in his right-hand pocket—he then said, "Instead of putting your handkerchief into your pocket, you dropped it, and I picked it up."
Prisoner's Defence. I saw this gentleman drop his handkerchief; I picked it up, and said I would not give it him, it was not his.
GUILTY . Aged 19.— Confined Three Months.
First Jury, before Edward Bullock, Esq.
GUILTY .— Confined Fourteen Days.
MR. DOANE conducted the Prosecution.
HENRY STEVENS . I am servant to Mr. Edwin Ward Scanning, solicitor. Gordon-street. On the 14th of August the house was under repair, and the family went out of town, leaving me in charge—the prisoner was employed there as a painter, by Mr. Allen—a quantity of wearing apparel and drawers were taken out of the wardrobe, and placed in an upper attic, and the room was locked—I went up stairs with the prisoner, and unlocked the door of that attic, for the purpose of his painting the coping-stone on the roof, which he could not do without going through that room—some time after that, I remember the prisoner coming up stairs early one morning, when I was lying on the bed, partly dressed, after having let the men in—he had no business up there, for that had been finished a week or ten days before—I said, "Halloo, what do you want?"—he said, "I was looking for a short pair of steps;" but he turned back, and never looked into anv room for them—he wen down as if he were taken by surprise—I followed him down almost immediately, went into the parlour where he was at work, and the steps he wanted were there—he said, "What a fool I was! the steps are here"—about three o'clock that day I missed wearing apparel to the amount of 20l. or more from that upper attic, which had been locked up—these two pairs of drawers are my master's—I got them made for him.
Prisoner. Q. Were not these steps in the habit of being used? A. Yes, on the staircase, but this was beyond the staircase—I do not know whether the inside of the window was painted after you went up, but no steps had been up there, or were wanted—they had never been used up there—no person had access to that room but Giles, the foreman, who finished the work that you began on the outside—he had to pass through this room.
MR. DOANE. Q. When the prisoner came up so early, was he or any of the men at work up stairs or on the staircase? A. No, they were all in the parlour.
GEORGE JOHN RESTIEAUX (police-constable E 49.) On the 15th of Oct. I took the prisoner at his own house, in Somers-town—his wife came to the door—she gave me an answer, which induced me to watch the house for some time—I went away, then came back, and took the prisoner in his room—he said he knew nothing about it—I asked him for his duplicates—he said he had none—I took his keys, and found two—I said, "Here are two"—he made no reply, but got round a chair, on which was a coat—I took it up and said, "Whose is this?"—he said, "Mine"—I found in it eight duplicates—one of them was for these drawers, and another for some things that were given up—I asked him if these drawers were his, and he said they were.
GUILTY . Aged 54.— Confined Six Months.
2990. WILLIAM PATTERSON and BENJAMIN HOLLOWAY were indicted for stealing, on the 19th of Oct., 8lbs. 10oz. weight of silk, value 15l.; and 26 bobbins, 2s.; the goods of John Josiah Buttress and another.
FRANCIS GILES . I am foreman to John Josiah Buttress and Son, silk manufacturers, in Steward-street. On the 22nd of Aug. I gave Galloway a cane of silk, which weighed 8lbs. 10oz., and at three different times I gave him ninety-three bobbins, which contained about 41bs. 8oz.—that would make about 100 yards of silk—the silk and bobbins have never been returned, which they ought to have been about the 1st of Oct.—on the 20th of Oct. I received information, and went to Galloway's house, and the silk and bobbins and every thing was gone but the harness and reed—the silk was worth 15l. or 16l.
Cross-examined by MR. WILDE. Q. Galloway was in the habit of working for you? A. Yes, he worked for us on his own account—all the houses about where he lives are filled with weavers—some occupy one room, some two—Galloway has been punished before the Magistrate for taking this property.
LUCY GALLOWAY . I am the wife of Joseph Galloway—he lives in Nichollsrow, Bethnal-green, and is a silk-weaver. I remember the cane and shute coming from Mr. Buttress, and on Thursday, the 19th of Oct., the prisoner Patterson came with my husband to the room—he took up the shears, cut the cane out of the loom, and went away with it in a bag—my husband went with him—that was about eleven o'clock; but, about ten, Holloway had come, and taken some shute out of my husband's box—my husband took some at well, and they both went down stairs together—they were not both present on either occasion.
HANNAH BOUCHI . I am the wife of Jacob Bouchi, a labourer. On the 19th of Oct., about eleven o'clock in the forenoon, I was passing Galloway's house, and saw Patterson with an empty bag—I afterwards saw him and Galloway together.
GEORGE TEAKLE (police-sergeant H 8.) On the 19th of Oct. I was at the station, and Galloway gave me information—I took Patterson on the Saturday afterwards, and when I was up at the police-court, Holloway came and surrendered.
NOT GUILTY .
JAMES FRANCIS BOYD . I live in Somerset-street, and am a conductor on the railway. This is my coat—it was safe at the Shadwell station of the Blackwall Railway on the 30th of Sept.—I left it at a quarter past eight o'clock—the prisoner came to take a ticket to go to Blackwall—I did not see my coat again till the Saturday following.
Cross-examined by MR. DOANE. Q. Has it any mark on it denoting the railway company? A. No—it is a Macintosh—here is the name of H. Wilson on the inside—it belonged to a conductor of that name formerly.
ROBERT FENN . I am employed at the Shadwell station of the Blackwall Railway. On Saturday evening, the 30th of Sept, I saw the prisoner down stairs in the office—the clerk told me to tell him he would be too late for the train—I said, "You must make haste, or you will be too late for the train"—I then saw him take this coat off the counter—I told him to put it down, or be would get himself into trouble—he would not, but took it up stain, took it into the carriage, doubled it up, and sat upon it—I am sure this is the coat.
Cross-examined. Q. Do not the trains go every five minutes? A. Yes—he went in an open carriage.
HENRY CUSTANCE . I am a porter at the Shadwell station. I saw the prisoner coming up to the carriage—I asked him where he was for—he said, "Blackwall"—I opened the carriage—he got in, with the Macintosh on his arm, folded it up, and sat down—from what Fenn said to me, I asked where he got that Macintosh—he said he bought it of a man down in the office for 1s. 6d., and he thought if he gave it a coat of boiled oil, it would carry him through the winter—I said I was well aware it was a coat that came from the office, and detained him.
(The prisoner received a good character.)
GUILTY . Aged 39.— Confined Two Months.
GEORGE BAKER . I am a cheesemonger, and live in King David-lane, Shadwell. About half-past five o'clock in the afternoon, on the 29th of Sept., I saw the prisoner with a boy in front of my shop—I turned to go into the back parlour—I was not gone a minute when I was called by a neighbour, and missed a piece of bacon from my window—I went out, and saw the prisoner running about twenty-five yards off—I saw him throw the bacon down—a person picked it up, and gave it to me—this is it—here is where put the ticket on it.
JAMES CHADLEY . I was in King David-lane—I saw the prisoner and a boy sitting on the railings nearly opposite Mr. Baker's shop—the boy went and took the bacon, and went to the corner—the prisoner walked up and took the bacon from him—he was round the corner—I ran after the boy, but did not catch him.
GUILTY .* Aged 21.— Confined Four Months.
JOHN REFFOLD . I am a potato salesman in Covent-garden market. These sacks are mine—I saw them safe at my stand in the market, at six o'clock in the evening, on the 6th of Oct.—they are now cut to pieces.
WILLIAM LATHAM (policeman.) On the 6th of Oct, about eight o'clock at night, I saw the prisoner talking with another boy in Chandos-street—the prisoner had these sacks—he looked round, saw me, and tried to push the sacks to the other boy, who did not take them—the prisoner ran away and
dropped the sack which he had, and these other three sacks were inside it, cut in pieces as they are now.
WILLIAM CURRY (policeman.) I saw the prisoner running, and Latham after him—I stopped him—as we were going to the station he said it was not him that took the sacks, it was the other boy—he did not say how he came by them
Prisoner's Defence. I met this boy cutting the sacks up; he asked me to go and sell them; I said, "No, I don't like;" he said he would give me half the money.
GUILTY . Aged 14.— Confined One Month.
ANN KENDALL . I am the wife of John Kendall, of New-street, Covent-garden. On the 19th of August I took the prisoner as a servant—she staid about a month—when she had been with me a fortnight I took a gold ring off my finger, and left it'on the dining-table or the kitchen dresser—I missed it, and in an hour or two afterwards I spoke to her—she said she had not seen it—this is my ring—I had no other servant—no one came to her while she was with me.
CHRISTIAN SACHS . I am in the service of Mr. Harris, a pawnbroker, in the Minories. On the 19th of Sept the prisoner pawned this ring in the name of Lucy Gates—the duplicate produced by the officer is the one I gave her.
Prisoner. It was a ring my brother gave me before he died; I pawned it for 5s.
JURY to ANN KENDALL. Q. Have you any mark by which you know the ring? A. No; but I have bad it three or four years, and wore it daily.
GUILTY . Aged 24.— Confined Three Months.
HENRY VAUGHAN . I am an engraver, and live in Smith-street, King's-cross, Battle-bridge. The prisoner lodged with me for a fortnight, and slept in the same bed with me—I had a waistcoat on a box under the table on Saturday or Sunday, and I missed it on the Tuesday about twelve o'clock—I do not know that I had been out that morning—the prisoner was gone when I missed it—this is it—I found the duplicate of it in the prisoner's pocket-book, which he left in the room—I know it was his book; I had seen him with it frequently.
Cross-examined by MR. BALLANTINE. Q. Have you not played King Richard at the Standard theatre? A. No—I have been on the stage as an amateur—they gave me 1s. a night—I was not turned away for biting the gentleman who played the front leg of the elephant—I never employed the prisoner to pawn the waistcoat or any things for me—the Prisoner gave me 1s. one night—he never gave me more—that was before he pawned the waistcoat—he pawned it for 1s. 6d.—he never gave me 1s. 6d.—he paid me for his lodging and for his meals—he has not given me anything when I was
in want of money, only that 1s.—I have not paid him that—I am quite sure he did not pawn the waistcoat and keep the 1s., and account for the 6d.—after he pawned this he paid me 2s. 6d. for three pairs of trowsers which he bought—I had not known him before, only by seeing him at the Albert theatre—he waa not a performer—he left his pocket-book in his hat-box in my room.
MART M'CARTHY . I am servant to Mrs. Williams, the landlady of the house where the prosecutor lodges—I went into the room where the prisoner and the prosecutor lodge, about twelve o'clock on the 30th of Sept—I found this pocket-book, and gave it to the prosecutor.
NOT GUILTY .
HENRY VAUGHAN . I had a book-case in my room in which I used to keep a great many things—it was kept locked, and the key was in my pocket—I kept some money in it loose, and some wrapped in small pieces of paper which I used to mark—on the 29th of Sept. I missed 2s. 6d. which was not in paper—I afterwards missed some papers with money in them to the amount of 11s. or 12s.—I found the book-case locked—I used to get up first in the morning—I got up first on the 28th, but did not go out—I went down stairs and left the prisoner in the room—I had seen these parcels of money safe on the 28th, I am sure—I slept with the prisoner on the night of the 29th—I did not say anything to him about this money—on the 30th something passed between his landlord and him, and about twelve that night he came to me and wanted to come in, but I did not let him—he said he did not know why he should not be let in—the servant went into the room, and his pocket-book was found in his hat in the hat-box—I found in his pocket-book these papers which had contained my money—I will swear that these are my writing—I did not find any money—I know this is his pocket-book—I have seen him with it, and here is his name written in it—I had a counterfeit sixpence on one of the shelves in the book-case—I did not know that was gone till it was found in the prisoner's possession.
Cross-examined by MR. BALLANTINE. Q. Did you not say, at the office, that you had lost 2l.? A. No, I cannot exactly say how much I lost altogether—about 29s.—I am twenty-three yean of age—he gave me 1s., but I should have returned it to him when he paid for his other week's lodging—I went to his mother before I gave him into custody—I told her he had robbed me of some money, and that what he owed me amounted to 1l. 16s.—I do not know that I considered the 1s. that he had given me in that account—I did not intend to take the 1l. 16s.—I went to tell his mother of the loss—I asked her what was to be done—I did not ask her for the 1l. 16s.—I understood she would have paid for his lodging—I did not seduce him from the Albert Saloon—I should not have troubled myself to make this charge if he had confessed it—I would not have taken the 1l. 16s. from his mother—I did not tell her that if she would pay me 1l. 16s. I would not prosecute—I said it would be a serious thing to nave him up—I went to tell her he was going away from me, and I did not wish to have him there again—she did not tell me I had never been worth 1l. 16s. in my life, and that till I had debauched
her boy, and got him into bad company, there had never been a charge against him.
Cross-examined. Q. When did you first mention you had lost a counterfeit sixpence? A. I did not know I had lost it till the policeman showed it to me—I will not say whether the policeman said, "This will bring it home to him;" or that the other money could not be identified, but that sixpence might be.
MR. BALLANTINE called
— MONK. I am the prisoner's mother. The prosecutor came to my house in Sept.—he asked if I was the prisoner's mother—I said, "Yes"—he said he had been robbing him to the amount of 1l. 16s., and asked if I would pay it—I did not believe he had done it, and refused—he stopped a great while, and kept asking what he was to do, and whether I would pay it—he laid he had stolen this money—he did not mention about the lodging.
COURT. Q. How does he get his living? A. He has been a barman, and when he is not in place I supply him with money to keep him—I am a nurse.
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
NEW COURT.—Saturday, October 28th, 1843.
First Jury, before Mr. Recorder.
GUILTY . Aged 32.— Confined Fourteen Days.
GUILTY .* Aged 26.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
JOSEPH ELSEY . I am one of the cashiers in the Bank of England. I and Mrs. Elsey went to the prosecutor's house, in the beginning of Sept.—I selected goods which came to 18l. odd; among other things there was a carpet which came to 10l.—the prisoner waited upon me, and showed the goods—they were brought to my house in Lonsdale-square, Islington—the prisoner came to me on the 15th Sept. to be paid—I have the cheque returned from my bankers that I paid him on that occasion—this is the invoice and the cheque—which is crossed to Stevenson, Salt, and Son.
WILLIAM WIGHTWICK . I am in partnership with Thomas Brooks. We trade under the name of the "National Linen Company"—Mr. and Mrs. Elsey came to our establishment in Sept.—the prisoner had authority to go with the goods, and see them fitted at the house—if he received any money he ought to pay it me, or the cashier, on his return—on the 25th Sept. he did not
pay me a cheque for 13l. 2s. 5d., or give me any account—ourt is an establihment for cash transactions—I have never received the amount, the goods are entered in the book—at the latter end of Sept., in consequence of what I saw in the book, I said to the prisoner, "Have you received this amount of Mr. Elsey?"—he said, "No, I have not"—I said, "It looks as if crossed out, as if paid; are you sure you have not received it?"—he said, "I have not"—in going to the station, I said, "It strikes me you have received it, tell me the truth"—he said, "I have not indeed."
THOMAS ELWELL . I am an ironmonger, and live in Hedge-row, Islington. In Sept. last the prisoner was in debt to me for goods—he gave me a bill of exchange—it was not paid when due—I received this cheque of Mr. Eltey's from the prisoner, and applied that, by his direction, to the part payment of the dishonoured bill—I paid it in to Stevenson, Salt, and Co.
Prisoner's Defence. I delivered the account to Mr. Elsey, and called for the cheque; I had no authority to call for it any particular time, but when I pleased; it was on the Saturday evening, the 16th: I had a payment to make to Mr. Elwell, and had promises from two or three persons who were prepared for me; when I got to Mr. Elsey's, I thought I would call for his amount, and if my friends were not prepared for me, I could make use of Mr. Elsey's, and repay it in a few days. When I got home, I found the persons were not prepared for me, and I made use of it. Mr. Wightwick asked me if it was paid; I said it was not, because it was my intention to pay it again.
GUILTY . Aged 27.— Transported far Seven Years.
It was stated, that two cart-loads of property belonging to the prosecutors were found at the prisoner's house. There were other indictments against him.
JAMES COOPER . I live in Fife-court, St. George's-in-the-East. Between one and two o'clock in the morning of the 2nd of Oct., I met the prisoners in Fleet-street—Bowles came in front of me—Wyles went behind—I had not stood a second before Bowles put her hand into my pocket, and took my handkerchief out—I turned round, and accused her directly—she said she had not got it—I said, "No, but your companion has"—the policeman came up directly, and picked it up—I saw it pass from Bowles to Wyles.
Cross-examined by MR. BALLANTINE. Q. Was it hanging out? A. No, my pocket is inside.
BOWLES— GUILTY . Aged 17.
WYLES— GUILTY . Aged 19.
Confined Six Months.
way from Pimlico, about a quarter to ten o'clock, and the prisoner asked me for a pin, to pin her shawl, as it was cold—I said I had not got one—she followed me from Spring-garden-gate to the Horse Guards, then asked me to treat her to some gin—I said I could not—I felt the bag go from my pocket, and told her I would give her in charge if she did not give it me—she gave it me back, with 8s. in it, but there were 12s. in it before—she walked a little way, I followed, and charged her with stealing it—she got to Charing-cross, and whispered to a cab-man—he was going to put her into the cab—I held her back a good while, till he said I should not hold her any longer, to hinder his fare—he put her in—I and a young man followed her to Princes-street, and she was taken—she said it was her own money—she took it out to pay the cab-man—it was Mr. Samuel Mathews' money.
GEORGE BANHAM (police-constable B 84.) I was on duty in Princes, street, Westminster. I saw a cab drive to a public-house—the prisoner was inside—on seeing me she twisted her hand behind her—I got her out of the cab, and found 4s. in her hand—Bowles gave her in charge—she said it was her own money—then she said one of the shillings was hers, if the other was not.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Six Months.
3003. WILLIAM WOODMAN was indicted for stealing, on the 17th of Aug., 1 box, value 5s.; 1 coat, 10s.; 2 shirts, 7s.; 3 aprons, 2s. 6d.; 1 handkerchief, 3s.; 1 cap, 4d.; 1 pair of braces, 4d.; and 1 comb, 10d.; the goods of Thomas Woodward.
THOMAS WOODWARD . I am a baker, and live in Blackman-street, in the Borough. The prisoner was iu my employer's service—about the 15th of Aug. I sent him to fetch a box, containing the articlesstated, from Mrs. Chirnn's—he did not come back—I have not seen any of the things.
Cross-examined by MR. HORRY. Q. Did you say, if you received 30s., you would consider that a recompense for the loss of your trunk? A. Yes—a sovereign was not offered to me—the prisoner's mother spoke to me about the 30s. on the Monday week after.
COURT. Q. When did you find him? A. On the 5th of Sept.—he said he came to give himself up, and wanted the case settled.
CAROLINE CHINN . I live with my husband, in Shenston's livery stables. The prosecutor left a box in my care at Christmas—I kept the key—the prisoner came for it—I said, "You are the young man who has come for Mr. Woodward's box?"—I delivered it to him locked—I did not give him the key—the prosecutor had a key as well as me—it contained the articles stated.
GUILTY . Aged 18.— Confined Three Months.
MR. DOANE conducted the Prosecution.
JOHN WRIGHT . I am a bookbinder, and carry on business in Noel-street, St. James's, Westminster. The prisoner had been formerly in my service—in August last he applied to me to take him again—I agreed to take him, to get orders for paper, at five percent. commission for such orders as he obtained—on the 17th of August he showed me this order, in the name of Mr. Clark, for a ream of paper, called antique; and here is an order for Mr.
Adland—I know Mr. Clark—he is a bookbinder—I ordered the paper to be made—it was made on the 26th—at that time I had a clerk named Hutton—he had been but six weeks with me—I told him to mind that these two reams of paper were sent that day by one of the porters—the porters take a delivery book with them, to have the purchaser's name attached to it, as a receipt—I ordered that the book was to be taken, and the signature obtained—I wrote in the delivery book, "Messrs. Clark and Bedford, August 26th, one ream of demy antique"—this was to be signed by the customer—I left the prisoner and Hutton at my house, about half-past two o'clock—about two hours after I returned, and soon after the prisoner came in—I asked him where he had been—he said, "I don't know whether you meant me to take the whole of that paper; I have taken two reams, one to Clark and Bedford's, and the other to Mr. Adland"—I said, "How came you to take it? I told you distinctly that one of the porters was to take it"—he said, "The clerk told me to take it"—I went to the room where the clerk was, and, in the prisoner's presence, I said, "How came you to tell Moore to fake that paper?"—he said, "I did not, I told him I was sure you did not intend him to take if—I asked the prisoner about the book—I said, "Have you got a signature for it?"—he said, "No"—I then took up the book, and wrote in the entry—I said to Hutton, "Mind you get them signed for"—the prisoner said, "I will get them signed for"—some time after I was in the counting-house—I took up the book, looked, and saw the signature, "George Jones, to Mr. Adland"—I asked whose the signature to Clark and Bedford was—he said, "Mr. Bedford's"—I saw no more of the prisoner till he was in custody—then he said he did not deliver it, he had sold it—the signature here is "F. B."
Prisoner. Q. When you gave the order, was in the office? A. Yes, preparing the paper—I addressed the clerk.
PHILIP HUTTON . On the 26th of August I was clerk to Mr. Wright—I had been in his servioe about a week. I received directions from him for two reams of paper, one to go to Adland's, and one to Clark and Bedford's—the prisoner was in the room—Mr. Wright said they were to be taken home by the porter—after Mr. Wright left, the prisoner tied up the paper, and said it was to go home—I said there were no porters, he must wait till the porters came in—he said the paper was wanted that afternoon, and he would take it—I then told him he had better not; Mr. Wright had desired the porter to take it, and he would not like him to take it—he made no answer, but took the paper.
Prisoner. Q. Did I not say, I did not think Mr. Wright intended me to be commission traveller and porter? A. Yes—I did not say that I did not perfectly understand Mr. Wright, but I thought he said you were to take it—you went and inquired, but I knew the porters were not at home—you did not ask the boy to take it.
JOHN CLARK . I am partner with Mr. Bedford, a bookbinder, and live in Fleet-street. In August last the prisoner callsd to collect orders from us—I do not remember the time, but I know I never gave him an order in my life for a ream of demy antique paper.
Prisoner. Q. Did I not call on you, and you refuse to see me? A. I do not know—you might—I might have said, if you should have an improvement in the manufacture of the paper I should have no objection to your calling again, but you did not.
him on the occasion—the signature to this order in this book resembles my initials, but I did not sign it, or authorise any one to do so.
JOHN WRIGHT re-examined. This order was delivered to me by the prisoner—the others are not genuine—I went round, and not one of them were correct—he had drawn 30s. on his commission—this is the prisoner's writing.
Prisoner's Defence. I went round to get orders, and most of those sold Were on approbation. Mr. Clark said, if the paper was better he would give an order; I knew the sort used by Mr. Clark, and gave the order that one ream should be sent in; I took it, and Mr. Clark would not see me. I took it to my own home, and thought I would call again, and press him to take it I then wrote to Mr. Wright, and said I was not able to attend; I went round, and endeavoured to obtain sale for it in the trade, but could not.
(William Harvey, umbrella-maker, of the Strand, gave the prisoner a good character.)
GUILTY . Aged 41.— Transported for Seven Years.
HANNAH DAWKINS . I am a purveyor of asses' milk. The prisoner was is my service—it was his duty to go out to milk the asses at gentlemen's houses, and receive the money for me—he did not account to me for 2s. 6d. on the 28th, 29th, or 30th of July—he had an order to serve Mr. Keatley, of the Charter-house, on the 26th of July—during the time he served them he never accounted to me for any sums that he received.
Cross-examined by MR. PRENDERGAST. Q. Did he pay you anything on these days? A. No—finding there was no money from these customers, I said, did they require a bill?—he said, "No, I suppose they won't take it long, and will settle it altogether"—it was not in the course of business for him to settle at the end of every week—I paid him his wages every week—I saw him every night—he was in the habit of going to milk the cows in the field very early in the morning—he left at six o'clock in the evening, sometimes much earlier—he sent word to me to let him have half a sovereign to pay his wages on Friday instead of Saturday, as he had a child that died.
GABRIEL WOOD . I live with Mr. Keatley, a solicitor in the Charter-house—the prisoner used to serve him with asses' milk, from the 26th of July to the 2nd of Aug.—I paid 2s. 6d., on the 28th, 29th, and 30th of July, to the prisoner on account of Mrs. Dawkins.
Cross-examined. Q. Are you sure you paid it to him every day? A. Yes, every afternoon—they had three half-pints a day—I have no receipt.
(The prisoner received a good character.)
GUILTY.—Recommended to mercy by the Jury. — Confined One Year.
MR. BALLANTINE conducted the Prosecution.
GEORGE GAISFORD . I am a baker, and live in the Kingsland-road. On the 12th of Sept. the prisoner was in my employ—when he took the bread out of a morning, he put down on a slate the number I entrusted him with—on the 12th of Sept., when he came home at night, he accounted for twenty-five
loaves delivered to Mrs. Saville, which I booked to her, and called out that number to him—he did not account in any other way for the delivery of them.
Cross-examined by MR. HORRY. Q. Has not he told you that fault has been found by the customers, of your charging them sometimes too much, and sometimes too little? A. No, only once, when my wife booked the bread—she books it very seldom—on that occasion he told me there were ten loaves too little charged to Mrs. Saville—I do not recollect his telling me that ten loaves too little had been put in the bill—this is the book—here is an entry of twenty-five loavea on the 12th of September to Mrs. Saville—I have only been away from business one day this summer—it has never happened that bread has not been put gown for a week together.
MR. BALLANTINE. Q. Was that mistake of ten loaves that he told you of on the 12th of Sept.? A. No—he did not say that though he had not delivered twenty-five to Mrs. Saville, he had delivered ten by mistake to any one else.
ANN SAVILLE . I am the wife of Thomas Saville, and live at Dalaton—I sell bread and flour, I deal with the prosecutor. On the 12th of Sept. the prisoner delivered fifteen quartern loaves to me—this is my book—the entry of the fifteen loaves is in his own writing—I saw him write it—some application was made to me, and this was found out—I am certain I did not have twenty-five loaves that day.
Cross-examined. Q. Have not you had to complain of too much bread being entered to you? A. Yes, and I have received less than I ought—I have found fault, but do not know whose fault it was—I complained to Mr. Gaisford.
GUILTY . Aged 22.— Confined Six Months.
(There were two other indictments against the prisoner.)
3007. WILLIAM WATTS was indicted for stealing, on the 23d of Sept, 5 printed books, value 2l.; the goods of Thomas Longman and others, his masters: and GEORGE WATTS , for feloniously receiving the same, well knowing them to be stolen; against the Statute, &c.
WILLIAM WATTS pleaded GUILTY .— Confined One Year.
MR. CLARKSON conducted the Prosecution.
HENRY LUCK (a prisoner.) I was formerly in the perfumery line—in Sept. I had no particular way of getting my living—I have seen William Watts at Mr. Newhouse's, a publisher, in Maiden-lane, Covent-garden—I did not know he was in the service of Messrs. Longman—I had seen George there—I did not know his name, or that he was the brother of William—on the 15th Sept., as I was passing the obelisk in Farringdon-street, George spoke to me—he said, "Good morning, will you stand a pint of porter?"—I said, "I had no money"—he said, "Have you nothing to do?"—I said, "No"—he said, "Could you use a few books?"—I said, "I can't myself, I know a person who very likely would buy them"—I said, "Where do you live?"—he said, "In Poppin's-court, next door to the green-grocer's"—I said, "I will call on you to-morrow morning, at ten o'clock"—I then went to a person named Saunders, in Wellington-place—on the 22nd Sept. I saw William Watts at Mr. Smalcomb's, in London-house-yard, St. Paul's Church-yard—he asked me to meet him at the Ship, in Little Bridge-street, at one o'clock—met William again that day on Ludgate-hill—he was on the opposite side of the way—he whistled—I went over to him—in consequence of what he said, I went the next morning to the Blue Last to meet him—when I got there William was not there, but George was sitting in front of the bar—I had seen
nothing of him on that or the previous day, to lead me to suppose that he was coming to the Blue Last—he asked me to come into the tap-room—when we got in, he produced five books—he did not make any observation—I said I would take them to my friend, and asked him where I should see him to give him the money for them—while I was talking to him, William came in—he said, in George's presence, "Have you got the books?"—I said, "Yes, it is all right"—I showed them to William—there was no publishing price on three of them, so I asked him the price—he said I must inquire the price, I could easily ascertain it—I had had no directions from them at to the price I was to sell them—I appointed to meet William at twelve o'clock the same day, at the Blue Last, to give him the money—I left them—I went to the West End with the books to get the money—they were all new books—as I was going along I was taken into custody—the officer took them from me.
(Mr. Clarkson here withdrew from the prosecution.)
NOT GUILTY .
3008. GEORGE WATTS was again indicted for feloniously receiving, on the 19th of Sept., 10 printed books, value 2l.; the goods of Thomas Longman and others, well knowing them to be stolen; against the Statute, &c.
NOT GUILTY .
3009. GEORGE WATTS was again indicted for feloniously receivings on the 16th of Sept., 8 printed books, value 2l.; the goods of Thomas Longman and others, well knowing them to be stolen; against the Statute, &c.
NOT GUILTY .
3010. ALFRED CURTIS was indicted for feloniously receiving, of an evil-disposed person, on the 29th of Sept., 1 printed book, value 5s.; the goods of Thomas Longman and others, well knowing them to be stolen: against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
WILLIAM LONGMAN . I have three partners—Thomas Longman is one—we live in Paternoster-row—I have every reason to believe this book is our property—on the 22nd of Sept., I ordered two out often of these books, which we had, to be marked—between the 22nd and 29th two of them were sold, one went to Bristol and the other to Liverpool—when this book was found in the prisoner's house, we had only seven left, therefore one was missing—I have got the one from Bristol back again—that is marked, and the one found at the prisoner's is marked.
Cross-examined by MR. PRENDERGAST. Q. The one you sent to Bristol was sold? A. Yes; there is no difference between that and the one found at the prisoner's.
WILLIAM SHARP . I am in the prosecutor's employ. On the 22nd of Sept. we had ten books of "Lalla Rookh"—I marked two of them—when the prisoner was apprehended, we had only seven of them in our stock, which were all unmarked—one of the marked ones had been sold to a person at Bristol—this is that identical copy.
COURT. Q. Was any note taken that it was a marked copy, when it was sold? A. No, but the two marked ones were the only ones that were accessible to be sold—on the Wednesday, before the prisoner was apprehended, we had not one of the two marked ones in the stock—they were both gone—on the Thursday, we wanted to sell another copy to go to Liverpool, and we sent one not marked.
MR. CLARKSON here withdrew from the prosecution.
NOT GUILTY .
JOHN TYRER . I am a seaman. I got paid at St. Katharine's Docks, on the 20th of Sept—I had a 10l. and a 5l. Bank note—about twelre o'clock that day, I met the prisoner in Ratcliffe-highway—I was going home, and fell in with a young woman named Gifford, at the corner of King David-lane, before I met the prisoner—the prisoner got into our company at the Coach and Horses—we had something to drink—I, a young man, Gilford, and the prisoner went from there up the Commercial-road—the young man would not let me buy Gifford a pair of boots—they got quarrelling, and Gilford tore his face—he went for a policeman—I, Gifford, and the prisoner went on—a gentleman came up, and insisted upon having a policeman to take them from me—the policeman came, and took Gifford away, and drove the prisoner away—I turned down the street, and was going home—I happened to put my hand into my pocket, and found the two notes right, and about 15s. in the other pocket—I had not walked far before the prisoner met me again in another street, and took me to a house in King David Fort—we went up stain, and stopped there a little while—she sent for half a pint of rum, and gave me a glass—after I had taken it I fell senseless on the bed, and remained senseless about three hours—I awoke about ten o'clock, or half-past, when the servant came up with a light, and asked if it was time to get up—I said, "Where is the young woman that came in with me?"—she said, "She has been gone these three hours"—I had seen my money safe about a quarter of an hour before I went to the house—we went right straight to the house—the prisoner did not become insensible—I have not found my money—I do not recollect any thing that occurred in the room—I was there about half an hour before I had the rum—I was sitting talking on the side of the bed—no one came into the room during that half hour.
Prisoner. What he drank he had before he went into the house—we were all tipsy together. Witness. I am sure I had something in that house.
MARY GONSALVAGE . I have a house in King David Fort—the prisoner and the prosecutor came there on the 20th of Sept.—they were both of them fresh—they were up stairs about half an hour—the prisoner then brought down the servant a half-crown, 1s. for the accommodation of the room, 1s. to get some drink, and 6d. to be returned—I fetched half a pint of rum—the servant took it up—in about half an hour the prisoner came down, and said she was going to get a drop of beer, and then at ten o'clock, I heard the prosecutor walking up and down the room—the servant took up a light, put it up in the room, and left—the prosecutor came down with the light, and sat in a chair two or three minutes—he said, "I have a 6d. that has never been spent, will you have something to drink?"—the servant and he went out—he did not mention about the loss of his money—no one came into the house but the prisoner and the prosecutor—I can swear my servant did not go up stairs between seven and ten—we were sitting in our own room playing at cards—I expected the prisoner would have come back.
JOHN NICHOLAS (police-sergeant K 1.) I apprehended the prisoner in Twine-court—I told her she must go with me to the station, for robbing a man of 15l. the night before—she said she had been with no man the night before—I found three half-crowns, 1s. 6d., and 4d. in copper on her—I asked what she had got, and she said 5s.—I went to the place where the prisoner lived, and received a gown and a silk handkerchief—I did not see the prosecutor till the next morning—the notes have not been traced.
the morning of the 21st of Sept., the prisoner came there for some ginger beer—she paid with 1s. first, and then I changed a sovereign for her.
HUGH HENRY CHAPMAN . I am foreman to Mr. Child, a pawnbroker, in High-street, Shadwell. I sold this gown and handkerchief, on the 21st of Sept., for 7s. 6d., to two women, about the same stature as the prisoner and Gifford.
ELIZABETH GIFFORD . Between ten and eleven o'clock, on the night of the 20th of Sept., I found the prisoner at the corner of the Match-walk—I had heard something—she went home, and went to bed at the house I lived at—she got up the next morning, and we bought these things at the pawnbroker's—about eleven she told me she had robbed the man, but she did not say how much of—she showed me two sovereigns, and paid for some liquor with a sovereign—I took the gown and handkerchief home for her—she told me to take them home while she went to the Duke of York—she went to Ratcliff-cross, and gave me 6s. 6d.—I saw no more of her till the same night—she said she took a 5l. note, a 10l. note, a sovereign, and some silver from the man—I asked what she had done with them—she said, she went to Mr. Brown's, a public-house, in Brook-street, to change the notes, and she gave him two sovereigns for each note—I did not change a sovereign in the Commercial-road that night.
JOHN TYRER . I did not mention my loss at Gonsalvages, because I thought the prisoner would be caught sooner—I had my hand in my pocket almost all the way down to the house—I am sure I had my money safe when I went into the house—I had no sovereign, only the two notes and 15s.
Prisoner's Defence. I and Gifford were together; she asked the prosecutor to give her something to drink; we went with him, and had some gin; they then went away, leaving me there; in half an hour they all returned, and he paid for half a pint of gin; then a dispute arose, and we left, and went to another house, and had some more; we then went to the North Pole and had more; Gifford asked him to buy her a pair of shoes; he said he would; we then went to the Robart's Arms, and had half a pint of beer; the prosecutor gave the landlord a sovereign; he brought the change; the prosecutor dropped some; Gifford picked it up, and put it into her bosom; I then left; the prosecutor overtook me, and we went to a house in Church-road; he gave me 3s. 6d.; I went up stairs and found him lying on the bed, asleep; I sat on a chair and slept for an hour; I went down, saw the landlady, and told her I was going; I then saw Gifford, and asked what she had done with the money she had picked up; she said she did not know, she supposed she had lost it; the prosecutor gave two other women in charge; I slept with Gifford that night, and before that a gentleman gave me a sovereign.
Witnesses for the Defence.
ELIZABETH WATTS . Between one and two o'clock, on the 19th of Sept., the prosecutor, his brother-in-law, and a policeman, came to my door—the policeman was looking through the key-hole—I said, "What do you want?"—I opened the door, and the prisoner was sitting down in my place—the prosecutor said, "I want a woman named Betsy "—I said, "She is not here"—the prisoner said, "Won't I do as well?"—he said, "No, I want nothing to do with you"—he was perfectly sober—he took a candle, and said, "May be Gifford is in the cupboard"—he said she was not there—he then said to Fowler, "If you will go and fetch her, I will give you 5s. for your trouble"—they went off together—the prosecutor and Gifford slept in my house together that night, and went out together to get their breakfast—Fowler went with them—Fowler came back, and Gifford was taken some time afterwards.
asleep—I left the prosecutor; and went home to bed—Mrs. Watts came and said the prisoner had robbed my young man—I went, and told her—she said, "Never mind."
MARGARET FOWLER . On the 19th the prosecutor came with the policeman, and his brother-in-law, to the house, and said he wanted Betsy Gifford—he had one or two more taken up, and said we knew something about the money.
GUILTY . Aged 40.— Transported for Ten Years.
WILLIAM WRIGHT . I have a rope-ground at Poplar—William and Ann Hankin lived in a cottage near me. On the 20th of Oct. I missed some fowls—in he evening I called at William Hankin's cottage, and told Ann I had lost my fowls—she declared she never saw anything in her house belonging to me—I looked round the wash-house, and put my hand into a rabbit-hutch—she smiled, and said, "Now are you satisfied, Mr. Wright?"—I said nothing—shortly after some boys brought me four fowls—I went again to William Hankin's cottage with the boys—one of them said, "This is the house, Mr. Wright, and that is the woman I bought them of," pointing to Ann Hankin—she totally denied it—I said if she did not know about it, her husband did, and desired the officer to fetch him from a cow-barn—Ann Hankin then said to one of the boys, "There is the money," offering him 3s. 4d. and begged me to look over it—on the Monday morning I found a copper warming-pan, and a piece of floor-cloth and canvas at William Hankin's house.
EDWARD CORNISH . I am seventeen years old, and live at a fish-shop, in White Horse-street, Stepney. On Sunday afternoon I was at the bottom of Black Boy-lane, High-street, Poplar, where Ann and William Hankin live—I said I came about some fowls that had been offered for sale at Stepney, on Saturday—William said, "This is the place," and told me to come in—we went through into the yard—I saw the fowls in the wash-house—Ann said she would let me have them for 3s. 6d., and said they were dirt cheap—William was present, and said if they were his he would not let them go under 1s. each—I said I had only got 3s.—they said they could not let go for less—we then went out, and raised 4 1/2 d., and told him we had 3s. 4 1/2 d.—William said he must go and tell Harry—he went up to the top of Black Boy-lane—Smith then came down, and I said to her I had only got 3s. 4 1/2 d.—she said she supposed she must take that—I got the fowls—William gave me two, and doubled their heads under their wings, because he said they would not make a noise going along the street on Sunday—I gave the money to Smith—I was stopped by a man and woman—we went to the prosecutor's—he asked me to show where I bought them, which I did, and Ann Hankin offered me 3s. 4 1/2 d., and told me to put the fowls down.
WILLIAM DUNBAR . I live in Beer-street, Ratcliff. I went with Cornish, and found William Hankin at his door—he told me to come in and look at his fowls—Ann Hankin was in the passage—they said they wanted 3s. 6d.—Cornish said he had only 3s.—we then came out and gathered 3s. 4 1/2 d. among us—Smith came down and took the money—Smith and Ann Hankin
each gave me one fowl out of the hole, and said, if we came down the next Sunday, they had got a friend in the country, and they would have some more cheap.
THOMAS SMITHERS (police-constable K 3.) I saw Ann at Williams's cottage—I asked if she knew any thing about the fowls—she said no—a little girl got up and said, "Here is the money for them," which was 3s. 4 1/2 d.—Ann Hankin said, "Hold your tongue, Miss, speak when you are spokes to"—I then inquired about William Hankin, and was directed to a barn—after a few minutes he came out—I said, "Halloo, what is your name?"—he said, "Wheeler"—I asked where he lived—he said, "At No. 1, Cottage-row"—he denied that his name was Hankin—one of the boys said, "It is him, only he has changed his cap"—the prisoner's cottage adjoins the prosecutor's—the fowls might have strayed.
WILLIAM WRIGHT re-examined. The fowls might have strayed from one garden to another—these four fowls are mine—they are worth about 1s. 8d. each—I missed them on the Friday, and they were found on the following Sunday.
Smith's Defence. About five o'clock last Sunday I was at tea; Hankin came and said the boys had come after the fowls, would my husband go; he was not well, so I went; I did not sell them.
Ann Hankin's Defence. They strayed into my place; I had no inquiries after them; if I had known they had been the prosecutor's I should have returned them.
NOT GUILTY .
WILLIAM WRIGHT . On the Monday, after the prisoner was in custody, I found this canvas and floor-cloth under the bed in the prisoner's back room—there was only another small bed in the house—I know the floor-cloth and canvas—I lost it this summer from my hen-house—there is a meadow field adjoins my garden—I had seen no symptoms of its blowing off—any one who saw it blown off would know it belonged to my hen-house.
Prisoner's Defence. I found the black piece in a meadow adjoining the prosecutor's garden, and the other haning partly on the prosecutor's paling, and partly on my side.
GUILTY . Aged 40.— Confined One Month.
HENRY CALVER . I am shopman to Edward and Charles Alexander, pawnbrokers, in Church-street Marylebone. On the 6th of Oct. I saw the prisoner outside the shop—in consequence of something a girl said, I went after the prisoner, and brought her back—I then said, "You have got something under your shawl"—she said, "No, I have not"—this table-cloth then fell from under her shawl—it is my master's.
Prisoner. I was going past the shop, and asked the price of a frock; I went to the next door, and returned back.
cloth—it was on the pavement under the window—I did not miss it—it fell on a different spot to where it was before.
GUILTY . Aged 25.— Confined Four Months.
Fifth Jury, before Edward Bullock, Esq.
MR. BALLANTINE conducted the Prosecution.
WILLIAM CORNWELL . I am gate-keeper at the London Docks. On the 14th of Oct. I stopped the prisoner, who was a labourer—he was leaving, between five and six o'clock in the evening—on rubbing him down behind felt something concealed—I asked what he had—he said, "Nothing"—I informed Dix.
WILLIAM KEELING . I am foreman in the tea department of the London Docks. The prisoner was working there under me—here is a sample of tea from the place where he was working, and the tea found upon him—this is the same tea, I am sure—he had no right to take tea—I retched his trowsers—I found the pockets that had had the tea in them had been torn out, but the stitches are left—the tea was not in paper.
Prisoner. Q. Can you swear to this tea being the Company's? A. It is similar to the tea there.
Prisoner's Defence. I was going to the water-closet, and found this tea in the gangway.
GUILTY . Aged 61.— Confined Two Months.
THOMAS CALVER . I am shopman to Edward and Charles Alexander, pawnbrokers, Church-street, Marylebone. On the 7th of Oct., about six o'clock in the evening, there were some hats outside the shop—I saw them fall—I was, picking them up—some one spoke to me, and I stopped the prisoner three or four doors off—I pulled her cloak on one side, and found a pair of trowsers, which were safe not two minutes before.
Cross-examined by MR. HORRT. Q. Was there a little' boy you were talking to? A. Yes—I know the prisoner—she was smiling till I took her back—I do not recollect her saying anything to me—she came to our house about a declaration.
MARY ANN DUFFELL . I am the wife of Joseph Duffell, and live opposite the prosecutor's shop—I saw the prisoner looking at the trowsers—I saw some hats fall, and while Calver was picking them up, the prisoner put the trowsers under her cloak, picked up one of the hats, and gave it to Calver—she stood a short time, and then walked away—I told Calver—he followed her.
NOT GUILTY .
WILLIAM MIDDLETON . I am a labourer, and work for Mr. Tossey. On Saturday, the 21st of Oct., about half-past eleven o'clock, I left a pair of shoes on Mr. Tossey's premises—I saw them safe at two, and at five I missed them—the prisoner was there nearly all day—I asked if he knew where they were—he said "No"—these are them.
CAROLINE READ . I keep a general shop in Narrow-street, Limehouse. Between six o'clock and half-past, on Saturday evening, the prisoner came to my place with a young man, considerably older and much taller than himself—he asked if I bought old clothes—I said "Yes"—the other one said he had a pair of old shoes to sell—I looked at them, aud said they did not suit me—he said he was going on a tramp, he had had no work for sixteen weeks—he gave his name, Wilks—I asked the prisoner, and he said his name was Thompson—I bought them for 1s. 4d.—I gave the money to the prisoner.
Prisoner's Defence. I was with this lad; he told me he was going to steal the shoes; he called to me, pulled out the shoes, and said, "I have got them, and I know where to sell them."
GUILTY . Aged 16.— Confined Ten Days.
3018. JANE KENSLEY was indicted for stealing, on the 20th of Oct., 2 pairs of stockings, value 9d.; 2 yards of ribbon, 6d.; 1 yard of net, 3d.; 1 shirt, 6d.; 1 cap, 4d.; 1 towel, 1d.; and 1 printed book, 6d.; the goods of James Hancock, her master.
ANN HANCOCK . I am the wife of James Hancock, who keeps the Exeter Arms, Lisson-grove—the prisoner was my servant for three weeks. On the 22nd of Oct. I missed a pair of my black silk stockings from a drawer in a spare room—on the morning of the 23rd I told the prisoner I had missed them and several other things, and I would have a general search—she ran down to the wash-house, and came up with her keys, unlocked her box, and in it I found this other pair of silk stockings, and these other things—I asked how she could be guilty of such meanness—she said some one must have put them in her box, that the ribbon was belonging to a bonnet, and she had had it two years; but it is mine, it is quite new, and had never been on a bonnet—I have the fellow piece to it—I found a book of mine in her pocket—these are all my husband's things.
Prisoner. Between five and ten o'clock in the morning my box was opened, and some of the things were shut between the lid and the box. witness. I do not believe it was open—she unlocked it herself—I never had the key in my hand.
GERTRUDE HAWKRIDGE . I was present when the prisoner opened her box—she said, before the box was opened, if there was anything in it, it was placed there by some person—she said this ribbon had been round her bonnet, she had had it two years—it is quite new, and has never been pinned on.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Six Months.
3019. ESTHER DODGE was indicted for stealing, on the 10th of oct., 91bs. weight of soap, value 3s.; and 1 pencil-case, 2d.; the goods of charles Hawkins, her master: and CHARLOTTE FLETCHER , for feloniously receiving 4lbs. of soap, part of the same goods, knowing them to be stolen; against the Statute, &c.; to which
DODGE pleaded GUILTY . Aged 50.— Confined Four Months.
CHARLES HAWKINS . I live in Chichester-place, Gray's-inn-road, Dodge was my charwoman—she did not sleep in my house—at seven o'clock in the morning of the 10th of Oct. I was awoke by an officer—Dodge was then in the house—I went down to the butter-cellar, and found the key in the door, which was unlocked—I had three or four hundred weight of soap there—this soap is very much like what I had there—I cannot swear to it, there is no mark on it—I did not miss any—I can swear to this pencil-case—I saw it last on the counter, some time the week before—I usually kept it in the drawer in the shop.
SAMUEL PADDY . I am shop-boy to the prosecutor. On the night of the 9th of Oct., I locked the cellar-door where the soap was kept, and put the key in my candlestick, when I went to bed, and left it on the kitchen drawers—I was of first in the morning—Dodge came about seven o'clock—she went and lit the fire in the kitchen—after that, Fletcher came to the door, and asked to see Dodge—she spoke to Fletcher outside the door—Dodge had nothing with her then—shortly after a constable came—I then went to my matter, and saw the key in the cellar-door—no one was up till he came, but Dodge and me.
GEORGE PORTSMOUTH (policeman.) On this morning, about seven o'clock, I saw Fletcher at the prosecutor's door—I watched, and saw Dodge come out and give Fletcher a bag, about twenty yards from the door—Dodge went into the house two or three times, and Fletcher remained standing outside—she walked away, and I stopped her, about 200 yards from the house—I asked what she had got—she at first said she did not know, and then she said it was no use telling me a lie, she had got three cakes of soap, which Mrs. Dodge gave her to take home—I went to the prosecutor's, and there took Dodge—she took a pencil-case out of her pocket, said she had got a pencil-case of Mr. Hawkins's, and gave it him.
Fletcher. I did not know the soap was stolen. Dodge gave it me to take home to her house.
FLETCHER— NOT GUILTY .
3020. CAROLINE MOORE was indicted for stealing, on the 19th of Sept., 5 yards of merino, value 15s.; 1 shawl, 18s.; 1 bhroket, 10s.; 1 sheet, 12s. 6d.; 3 night-gowns, 5s.; 1 fiat-iron, 6d.; and 1 bolster, 1s. 6d.; the goods of Dennis Ryan; and that she had been before convicted of felony.
BRIDGET RYAN . I am the wife of Dennis Ryan, and live in Great Wild-street, Lincoln's-inn-fields. The prisoner lodged with me in the same room—she left about five minutes before twelve o'clock on Tuesday, in the middle of last month, without giving notice—half an hour after she was gone, I missed three night gowns out of my box, and the other articles stated—the prisoner was brought to me on the 14th of Oct. by another women—I asked what she did with nay things—she said she sold all the best of them, and had pawned the children's frocks—I asked if she had sold my black shawl and merino dress—she said, "Yes, Mrs. Ryan, I have; do what you like, and give me up to the law"—this is my child's frock and night-gown—this is my flat iron—I redeemed them.
JAMES WILSON . I am in the employ of James Sayer, pawnbroker, Drury-lane. This frock was pawned by a woman who gave the name of Ann Moss—I do not know whether it was the prisoner—this is the ticket I gave her.
in Drury-lane. This night-gown was pawned on the 12th of Sept in the name of Ann Moss.
ELIZABETH M'DONALD . I char for Mrs. Ryan. I was present when the prisoner came there with another woman—I heard Mrs. Ryan ask what she had done with the things—she said the best of the things she had sold, but did not know to whom—she had pledged the rest.
Prisoner's Defence. I heard of a friend being in town, and I unfortunately took these little things to raise a few shillings to get a gown out; it was not with an intention to take them from her, but to return them. I am sure, when I came away, I left a pair of sheets on my bed, and a pair on another bed where two men lodged.
GUILTY . Aged 45.— Confined Six Months.
ALFRED POOLE . I keep the Red Lion public-house, in Cowcross-street. This pewter pot is mine, and has my name on it—on the 9th of Oct. the prisoner was in my house—Finlayson gave me some information, I took the prisoner, and took the pot from her.
WILLIAM MARTIN (policeman.) I took the prisoner, and took this pot from her right-hand pocket—I asked her what she had got there—she said, "Nothing"—I said, "It is a pint pot"—she said she did not know how it came there.
Prisoner. I was very tipsy. Witness. She was not.
GUILTY . Aged 24.— Confined One Month.
MR. MELLOR conducted the Prosecution.
JAMES WRIGHT . I am a gold-beater, in partnership with William Wright, and live in Hackney-road. The prisoner was in my service for two years—between six and seven o'clock in the morning of the 10th of Sept. 1842, I gave him a box, containing two gold-beaters' moulds, and three half-ounces of gold, in a partly manufactured state—he worked down stairs in the shop, and I saw nothing more of him till he was taken—I went into an upper shop, and between seven and eight o'clock the bell rang for me—I went down, and his partner gave me information—I found he was gone—I then saw his box, and found it was empty—I sent to the police-office—I did not see the prisoner again till the 13th of Oct., thirteen mdntbs afterwards—I then saw him opposite Haggerston church—I collared him, and said, "Halloo, I have got you at last"—he said, "For God's sake, don't take my liberty from me, I will pay you"—I said, "We must investigate this matter further"—he afterwards begged of me to give him his liberty for the sake of his wife and children—I said, "What is the use of talking of your wife and children, when you have been of no use to them the last thirteen months? you have not been near them."
Cross-examined by MR. PAYNE. Q. Where bad the box been kept all night? A. In my bed-room—I gave it him with the cover on it, as I recived it the previous night, and in about an hour I found the prisoner was gone—when he worked for us he lived in Ironmonger-street, St. Luke's—I think we had at that time about ten persons in our employ.
JAMES HADDON . I live in Young's-building, Old-street. I worked for the prosecutor—on the morning of the 10th of Sept., 1842, I recollect entering the shop about seven o'clock—I saw the prisoner there at work—he continued his work for about twenty minutes—he then said he was unwell, and begged of me a few pence to get some spirits, and left the shop—after he left, Hancock, the apprentice, came in, and James Ball, and Mr. White, a fellow-workman—White opened the box to go to work, but he had no tools to work with—this is the box I saw opened by White—it is a box which is used for putting a man's tools in that he wants to work with, and his gold—it stood between the prisoner and White—the tools were put in at night to give the box to the lad, who gave it to his employer—White found the moulds and a quantity of gold missing—I had seen the prisoner working with the moulds and the gold the day before.
Cross-examined. Q. When you came in, was anybody there but the prisoner? A. No, not in that shop.
JAMES WRIGHT re-examined. Q. Is this the box you gave the prisoner that morning? A. I believe it to be so—there were perhaps eight boxes—the men's boxes for the time had their names on a piece of paper on the top—this is one of our boxes, but I could not swear to it.
COURT. Q. When you gave it him, did you look in and see whether the gold was in it? A. No; but had it been empty I should have discovered it—this box has remained in my custody ever since.
JAMES BALE . I was in the workshop on the evening of the 9th of Sept.—I saw White put away the tools and gold in the box—it was after eight o'clock—I took that box with others, and delivered it to Mr. James Wright.
JAMES WRIGHT re-examined. I cannot safely swear that I recollect receiving the box from Bale—I had been very ill all the week—if I received them, they were placed in my bed-room, locked up, and given to the men in the morning.
Mr. Mellor. Q. It seems that this box was used after the prisoner left, and the name that was on it was not taken notice of? A. No it was not—there might be a dozen boxes in the shop made all alike.
JOSEPH WHITE . I was in the prosecutor's employ, working with the prisoner on the same work—on Friday, the 9th of Sept, I put the work and the tools in the box, and gave it to Bale—on the Saturday morning I went to work, about twenty minutes after seven o'clock—I found the particular mould I had to work with, in the prisoner's place—he had done some work from it—I then missed two moulds and some gold from the box—I should not know the box now.
GEORGE STEAD . I was in the prosecutor's employ—I went there about half-past six o'clock, on the morning of the 10th of Sept.—the prisoner let me in—I went and stood beside him—he was weighing his gold, to see what he had, and told me to light the fire in the back shop—I went, and when I came back he was gone.
GUILTY. Aged 41.—Recommended to mercy. — Confined Twelve Months.
SAMUEL PERRY . I keep an eating-house in King-street, Westminster. On the 9th of Oct, about ten o'clock at night, the prisoner took a bed for the night—next day, about half-past two, she came and asked for a bed for the following night—she was asked for the money—she felt her pocket, and said she had left her money with some goods at a public-house near the railway—she then went into the parlour, and I was told something—I went to the bed-room and missed the bolster-case—I said I would fetch a policeman—this bolster-case was found on the prisoner—she said she took it to keep her warm—it is mine.
GUILTY . Aged 38.— Confined Ten Days.
WILLIAM ANDERSON . Last Monday afternoon I was at work, opposite to Mrs. Castle's, in Brick-lane—I saw the prisoner and another young woman at Mrs. Castle's—the other woman unpinned a gown which hung at the door—she gave it to the prisoner, and they went away.
HENRY ROBERTSON . I am assistant to Mr. James Henderson Wetherston, a pawnbroker, in Brick-lane. Anderson gave me information, and I missed a cotton gown from the door—this is it—it is Mr. Wetherston's property—he is executor to the late Mr. Castle—it is on the duplicate that he is executor, but I do not know any more about it—he does not live there.
NOT GUILTY .
WILLIAM MORGAN . I am an oilman, and live in Frederick-street. On the 25th of Oct. Sparks gave me information—I ran out, and saw the prisoners going down Little Albany-street—they saw me, and ran—I called, "Stop thief"—they were secured—I saw each of them throw down two brushes—these are my brushes, and they had hung inside my door.
THOMAS SPARKS . I am a stable-keeper, and live in Little Albany-street On the morning of the 25th of Oct. I saw Webb pass by, and Prior was writing about for him—Webb was trying to conceal two brushes—I told Mr. Morgan, and pointed him out—I saw them throw the brushes away.
(Both the prisoners received a good character.)
PRIOR— GULITY . Aged 13.
WEBB— GUILTY . Aged 14.
Confined Fourteen Days.
ROBERT OVERTON . I am a porter, and live in New-road, Mile-end. On the 24th of Oct., about four o'clock in the afternoon, I was in Fenchurch-street—I saw Hosier go up Fenchurch-court, and leave his cart at the corner—I saw the prisoner get up in front, and take off a chest of tea—I followed him to Billiter-street—seeing no officer, I went and asked him where he was going—he made no answer, but threw the chest down, hit me on the shins