CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
SESSION I. TO SESSION VI.
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 COUNTIESOF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, November 27th, 1843, and following Days.
Before the Right Honourable WILLIAM MAGNAY, LORD MAYOR of the City of London; the Right Honourable Thomas Denman, Lord Chief Justice of Her Majesty's Court of Queen's Beach; Sir James Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; Sir John Key, Bart.; Charles Farebrother, Esq.; William Taylor Copeland, Esq.; Samuel Wilson, Esq.; and John Humphery, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Johnson, Esq.; Sir George Carroll, Knt.; Thomas Farncomb, Esq.; John Kinnersley Hooper, Esq.; and Hughes Hughes, 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.
The following prisoners, in whose cases Judgment was at the time of conviction respited, have been sentenced as under:
Name. page. Sentence.
CENTRAL CRIMINAL COURT.
MAGNAY, MAYOR. FIRST 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, November 27th, 1843.
Before Mr. Recorder.
NOT GUILTY .
DAVID SAMUELS . I am in the employ of Samuel Levy Samuels, and James Ingle, Little Aliff-street, Goodman's-fields. In Feb. last the prisoner called at our warehouse, and told me he came from Mr. Nathan, of Ratcliff-highway, and wanted four umbrellas at 8s. 6d. each, for Nathan, and Mr. Nathan would send the money in the morning—I knew Mr. Nathan, and gave him the umbrellas, believing Nathan had sent him for them—whether my employers knew Nathan I cannot say—they had never done business with him—I had never seen the prisoner in his employ—I omitted to send for the money—the prisoner came again in Aug. for two umbrellas, similar to those he had before—Mr. Ingle asked if I had applied for the money—I said, no—the prisoner said Mr. Nathan was surprised we had not sent for it—I told him I would send for the money for the six together to-morrow morning—he waited a quarter of an hour as the umbrellas were not ready, and then went away with them—I sent for the money next morning.
MOSES NATHAN . I live at No. 192, Ratcliff-highway. The prisoner was not in my employ in Feb., or in Aug.—I did not send him for umbrellas at those times, nor did he bring them—he was in my service twenty months ago—I never sent him to the prosecutor's when he was in or out of my employ.
SARAH HOBBS . I am the wife of a boot and shoemaker, in High-street, Shadwell. I have known Mr. Nathan some years as a neighbour—we knew him to be a respectable tradesman—on the 29th of Sept, the prisoner came to our shop, and said Mr. Nathan had sent him for three pairs of large sized men's boots—I asked if he was living with Mr. Nathan—he said, yes, he had lived with him for the last six months—he said he would return in five minutes with the shoes or money—I asked if he meant Mr. Nathan, of Ratcliff-highway—he said, "Yes"—I let him have the shoes—he said those that fitted he would bring the money for, and if they did not fit he would bring them back in five minutes—he never brought them.
to Hobbs for shoes of a large size on the 29th of Sept., or at any other time—he was not in my employ then.
GUILTY . * Aged 22.— Transported for Seven Years.
NOT GUILTY .
GUILTY .— Fined £100.
OLD COURT.—Tuesday, November 28th, 1843.
Second Jury, before Mr. Recorder.
5. WILLIAM FOWLER alias Benjamin Neck , was indicted for feloniously forging and uttering a request for the delivery of 250 Guernsey frocks, with intent to defraud John Kynaston and another:— also, for forging and uttering a request for the delivery of 50 Guernsey frocks, with like intent:— also, for obtaining 30 Guernsey frocks, by false pretences, and that he had been before convicted of felony; to all which he pleaded
GUILTY . Aged 32.— Transported for Life.
6. ROBERT JOHNSON alias John Williams , was indicted for breaking and entering the dwelling-house of William Evan Humphries, at Paddington, and stealing therein, 1 coat, value 1l.; 1 cloak, 4l.; 1 watch, 4l.; 1 guard, 6d.; 2 seals, 1l.; and 1 watch key, 2s., his property; to which be pleaded
GUILTY . Aged 29.— Transported for Ten Years.
NOT GUILTY .
GUILTY . Aged 18.— Confined Six Months.
MARIA SOPHIA HULBERT . I am servant to Frederick Henry Lang, baker, Lower-road, Islington. On the 26th of Oct., I went into the shop, and found the prisoner standing by the shelf, reaching up, and taking this parcel of money into his hand—he ran out of the shop, and I after him, but he got away—I had placed 17s. in the parcel on the shelf at a quarter to eight o'clock—I missed three halfpence from another parcel on the same shelf, and those he dropped in running out—the money belonged to my master.
CHARLES WRIGHT (policeman.) I apprehended the prisoner on the Tuesday after this—he said he knew nothing of it—I said you must go to the station—he then said, "Well, it is no use, it is all gone now"—I found 2 1/2 d. on him.
THOMAS WITHERS (police-constable N 211.) I produce a certificate of the prisoner's former conviction—(read)—I was present at his trial in Jan. last—I know him perfectly well to be the man—I was a witness against him.
GUILTY . Aged 14.— Confined Twelve Months.
CHARLES SEYMOUR . I live at Hendon, and am bailiff to Alexander Hamilton, of Fortune Farm. On the 11th of Oct., I was on the road leading to the farm house, and saw the prisoner outside the stack, yard with another person named Callaghan, who bad a duck in kit hand, and they were both driving two or three ducks in front of them—they drove them across the first field—I followed them, and then saw another duck knocked down—tne prisoner picked it up—I was then thirty or forty yards from them—they directly ran up the field as hard as they could with each a duck in his hand—I followed them to a wood, then returned, and found one duck alive, and several feathers in the field—I missed two same ducks.
GUILTY . * Aged 20.— Confined Three Months.
11. THOMAS COGGLETON was indicted for stealing 29lbs. weight of lead, value 3s. 9d.; and 1 yard of rope, 2d.; the goods of George Cottam and another, his masters: and JOHN EDWARD WILKINSON , for feloniously receiving 15lbs. weight of the said lead, well knowing it to have been stolen; against the Statute, &c.: to which
COGGLETON pleaded GUILTY . Aged 39.— Confined Two Years.
MR. GURNEY conducted the Prosecution.
WILLIAM DAVIS (policeman.) On Sunday, the 5th of November, about a quarter past twelve o'clock in the day, I was in the neighbourhood of Barbican, in plain clothes, with other officers—I saw Coggleton pats me, and go into the shop of the prisoner Wilkinson, which is a little way up Golden-lane—I did not know the shop before—it is a ceppermith's—there were kettles in the window—I went in in about a minute, and found Coggleton on one side of the counter, Wilkinson on the other, and another person, who I ascertained to be Wilkinson's brother, by the door—Coggleton's clothes were uabuttoned, and he was in the act of handing a piece of lead from his person to the scale, and Wilkinson was in the act of adjusting 1/4 of a hundred weight in the scale, in which there was one piece of lead—here are the two pieces of lead—I asked Coggleton how he came by the lead—he said "Lead? I have no lead"—I turned round to Wilkinson, and said, "How do you aooount for it?"—he paused, and then said, "If I must tell the truth, that man brought it."
Cross-examined by MR. CLARKSON. Q. Is not this a low neighbourhood? A. Yes—Iam a stranger there, and do not know whether shops are kept open on Sundays—I followed Coggleton, as he answered a description I had received.
JAMES DOVER . I am foreman to Cottam and Allen, Cornwall-road, Lambeth. Coggleton was their day watchman—it was his duty to be there from nine till two o'clock on Sunday—he was left on the premises—we had some leaden sash weights of a similar description to these pieces on the premises.
Cross-examined. Q. What quantity had you? A. I think about thirty pieces, but I do not know—four or five pieces had been used.
THOMAS THOMPSON . I am in the prosecutors' employ. I received about twenty pieces of lead, which were bought of a builder, from the house of the Bishop of Winchester, St. James's-square—it was lead of this description—it is not a common kind—it is sash weights—four or five pieces had been used—I have examined the stock, and there is only one small piece left—we sold none—we bought it to melt down—I speak to it from the mould.
Cross-examined. Q. Is it not common to buy old sash weights? A. Not very—iron weights are generally used—several workmen used that part of the lead which was used—I have charge of the key, and generally deliver it out—if I was out, Dover, or another clerk, would do it—it is impossible to say accurately what had been used.
(Wilkinson received a good character.)
WILKINSON— GUILTY . Aged 35.—Strongly recommended to mercy.
Confined Two Years.
(Davis stated that he found 278 files in Wilkinson's premises, which were claimed by the prosecutors, and three more pieces of lead of the same description.)
GUILTY .— Confined Three Months.
JOSEPH EVERETT . I am a lighterman. I was crossing London-bridge on the 21st of November, between six and seven o'clock in the evening, with my sister, arm in arm—she suddenly left me—I turned round, and laid hold of the prisoner, while he was in the act of passing my handkerchief to his companion, who got away, and he dropped it—I took it up, and delivered it, with the prisoner, to Sergeant Patterson.
Prisoner. It was not in my hand. Witness. I swear I saw him drop it—I took it up while I held him.
REBECCA EVERETT . I am the witness's sister. I was going over the bridge arm in arm with him—the prisoner's hand touched my shawl—I turned round, and saw him in the act of drawing the handkerchief from my brother's pocket—he attempted to pass it to his companion—I laid hold of them both, and the prisoner dropped the handkerchief between them—my brother turned suddenly round, just as it was dropped, and secured the prisoner—he took up the handkerchief—I am certain I saw the prisoner draw it from my brother's pocket himself—it was not his companion—I took him directly—I have not the smallest doubt of him—the other got away.
Prisoner. I was passing at the time, but know nothing of it.
(The prisoner received a good character.)
GUILTY . * Aged 17.—Recommended to mercy.— Confined One Year.
THOMAS SAUNDERS . I am a builder and brick-maker, and live at Tottenham—I have a brick-ground at Ponder's-End—I occasionally employed the prisoner as a carter. On the 2nd of Nov. he was employed to cart a load of bricks—I met him with a load at Edmonton—the cart drew up opposite the door of Mr. Burton, a marine-store dealer—in consequence of noticing something in the cart, I asked the prisoner what was there—he said, "Nothing"—I was on my pony—I rode up to the cart, lifted up the bricks, pulled out some iron, and asked if he called that nothing—he said he was going to take that piece to my bricklayer's—I then pulled out several more, and asked what
he was going to do with that—he said it was the first time he ever did anything of the sort—I kept that iron in my stable at Ponder's End, of which his father had the charge—it was frequently left unlocked—the prisoner could go to it—I know this to be my iron.
JOHN PRITCHARD BURTON . I am a marine-store dealer, at Edmonton. The prisoner stopped a cart at my door, and brought a bundle into my shop, laid it down on the floor, and went out again directly to the cart, without saying anything—Mr. Saunders came up at that time—I went out, and told him I had a bundle—it was opened, and contained a quantity of this iron—I deal in old iron.
GUILTY . Aged 26.—Recommended to mercy.— Confined Six Weeks.
CORNELIA FOREMAN . I am the wife of George Benjamin Foreman, and keep some refreshment rooms at No. 138, Holborn Bars. On the 22nd of Nov., shortly after eight o'clock, the prisoner and another came into our place, and had some refreshment—they bespoke a bed for the night, and mentioned the names of my friends, to induce us to take them in—they went up to bed between half-past nine and ten, on the upper floor—my room and the servant's are also on the same floor—when I went to bed, at twenty minutes after eleven, I found one of my drawers had been forced open, and missed from it a half-crown and 1s.—there was no more money in the drawer—I afterwards saw a half-crown taken from the prisoner's hands by the policeman, and am sure it was the one I had lost, because it was new, and was marked on the edge—eight persons besides the prisoner slept in the house that night—I had more valuable things in the drawer—there was a small jewelbox, which was not opened, and clothes—I valued the half-crown because it was given me—I cannot swear to the shilling—I can swear decidedly to the half-crown—this now produced is it.
Cross-examined by MR. BALLANTINE. Q. I believe there were some articles of considerable value in the drawer? A. There were, but they were in a box, which was closed—there were three boxes, two were opened and one closed—the jewel-box contained a diamond ring, a brooch, and an emerald ring—it was evidently a jewel-box—the other boxes contained a silver pencil-case, an amethyst, and other things—the things were turned out of those boxes—the half-crown laid at the bottom of the drawer, under a garment of mine, which had been removed—we have servants in the house—I had seen the half-crown in the drawer at half-past eight o'clock, when I went up to prepare the room for these young men—I looked at it whenever I went, as I valued it—I only had it since Monday last—I noticed that it was jagged at the time I received it—I do not know how it became so—the prisoner took this out of his trowsers pocket, with a quantity of other money, by the policeman's desire—I believe he had his trowsers on—the policeman went in once or twice before he disturbed them—a county policeman was first called in—he went into my room, and saw the drawer, but would not act because it was in the City, and he called a City policeman—I had examined my drawer before the policeman or any one went up—I discovered it myself—both the policemen went into their room.
their bed-room—I went up stairs afterwards, and heard one of them going across the passage towards their own room-door, from towards mistress's bed-room—he closed the door—he had either boots or shoes on—we generally shut up about eleven—no one had been up stairs from the time they went up till I heard one of them cross from my mistress's room—the house was closed when I went up—no fresh person had come in since they went up.
Cross-examined. Q. How long had you been in the service? A. A week yesterday—I knew nothing about this half-crown—I knew the drawer—I had never been to it—mistress showed it me when she lost the money—I was not aware of it before—I gave no alarm when I heard the person go from my mistress's room—I did not like to go down stairs again—I told my fellowservant when she came to bed, after the alarm was given—I did not suspect anything at the time—I did not see the person—it was in the dark—I only heard him.
JOHN ARMSTRONG (City police-constable, No 211.) On Thursday morning, the 23rd of Nov., about one o'clock I was on duty in Holborn, and was called to the prosecutor's—I went to the prisoner's room, and desired the parties to get up—when the prisoner was pulling on his trowsers I observed that he bad a deal of money in his pocket—I desired him to produce it, which he did—I picked out this half-crown from it—there was no other half-crown among it—I showed it to Mr. Foreman, and she owned it directly—before I found it she said it was marked, and was a new one—she could not well describe it, but said she should know it again directly if she was to see it—I found 2l. 2s. 6d. on the prisoner—on Gardiner, his companion, I found two sixpences, and a knife—I examined the drawers in Mr. Foreman's room, and the dent in them corresponds exactly with the point of that knife—the veneer was chipped off as if by the point of the knife.
Cross-examined. Q. Had you been into the room previously? A. No—I did not go in and come out again, nor did any other policeman that I know of—I was there about four or five minutes before I aroused them—they appeared to be very sound asleep—I had to shake them, and make a very great noise to awake them, but it is my belief they were shamming—I could tell in a moment—Gardiner awoke first, and he aroused the other—the prisoner had a handkerchief round his neck, and his shirt and stockings on—Gardiner had nothing on but his shirt—he got up first, and put on the trowsers by the side of the bed—the prisoner put on the trowsers at the foot of the bed—I did not take hold of him before he took his trowsers—as he was drawing them on I heard the money, and desired to see it—he pulled it out—he made no observation, nor did I.
MRS. FOREMAN re-examined. I saw one mark on the drawer—the lock had evidently been pressed down—all the drawers were locked—only this one was opened.
SARAH SAUNDERS re-examined. It was a little after eleven o'clock when I heard the person go from my mistress's room—I judged he had boots or shoes on from the tread—I could not see—it seemed to me as if he opened his door and went in—I could hear it distinctly.
NOT GUILTY .
16. JAMES FLANNIGAN and WILLIAM PRICE were indicted for breaking and entering the dwelling-house of Lewis Levy, on the 10th of Nov., at St. Botolph, Bishopsgate Without, and stealing therein, 2 pencil-cases, value 1s. 3d.; 2 breast-pins, 2d.; 1 watch-guard, 6d.; 2 candlesticks, 2s.; 1 pair of snuffers and tray, 1s.; and 1 coat, 4s.; his property.
CHARLES GRIFFITH . I am a shoemaker, and life in Dunning's-alley. On the 10th of Nov., in consequence of information I went with a person named Levy to his father's house in Dunning's-place, at half-past eight o'clock in the evening—I went on the stairs—there is no landing—the door opens into the room—I saw the panel had been forced in—I looked through, and saw the prisoners handling Mr. Levy's property—soon after they blew out the light, and jumped out of the window—I went to the door, and saw one of them go into No. 2, in the court, and the other into No. 3—the entry was made by taking out the panel—I saw the prisoners distinctly—the candlesticks were placed on the ground with Mr. Levy's coat snuffers and tray, ready to be taken away—I waited for their coming out of the house, and then took hold of them both till the police arrived—I afterwards went into the premises where Price ran in—I there saw two pencil cases, a chain, and breast pin picked up (those premises belong to Mr. Goosey, of No. 8, Brown's-lane) they were claimed by Levy.
Price. I was in no house whatever. Witness. I am sure I saw him come out of the house.
ROBERT FITZGERALD (City police-constable, No. 639.) I went to Dunning's-place, Dunning's-alley, and saw the prisoners in custody of Griffith—I saw the panel forced in—I searched the prisoners at the station, and on Flannigan I found this breast pin—I got the key of the door from last witness, went into the room, and found it in a confused state—this coat was lying on the floor, and two candlesticks, the brass snuffers and tray rolled in it—the house is in the parish of St. Botolph, without Bishopsgate.
Price. I was returning home, went up the court, and was there some time; I went out hearing a cry of thieves; a boy said, "I think that is one of them;" Griffith did not know me when he took me. Witness. I distinctly swear that I saw Price jump out of the window, and go into No. 2.
LEWIS LEVY . I am a furrier, and live at 4, Dunning's-place, Dunning's-alley. On the 8th of Nov., in consequence of what my son said to me, I went home and found a pair of my trowsers on the ground, which I had left on a chair—I missed from the pocket two pencil cases, a brass chain, and silver thimble—I missed two candlesticks, one from the table and one from the cupboard, the snuffers and tray from the table, and two brass pins from the mantle-piece—I went with Griffith to 2, Dunning place, and saw him pick up under the stairs two pencil cases, and a brass chain and pin, which were my property—these are the articles—there are three rooms in our house—I occupy two, and a woman underneath occupies one—I have the rooms to myself—there is a street-door to the house open to both parties.
FLANNIGAN— GUILTY . Aged 17.
PRICE— GUILTY . Aged 17.
Confined One Year.
JAMES SUTHERLAND . I am in the employ of William Emerson, of Palace-row, New-road. On the 1st of November, between half-past three and four o'clock, I saw a man and a boy before his shop—I cannot say it was the prisoner—I saw the prisoner afterwards with this caddy Belonging to Mr. Emerson, about fifty yards from the shop—I took him back to the shop—he
said he had got it from a man—the caddy was usually kept on a small sideboard in the shop, about ten feet from the front.
WILLIAM ELISHA CARTER (police-constable S 110.) I took the prisoner into custody—he had been drinking—he said a gentleman had given him 6d. for holding his horse, and that he had spent it with another boy—he said a man had given him the caddy outside the shop-door—I found only a farthing on him.
Prisoner's Defence. As I was coming down the New-road a gentleman came up to me and asked if I would carry the caddy for 6d.—I took it, and the witness came up and collared me.
18. JOHN BIDWELL was indicted for burglariously breaking and entering the dwelling-house of Edwin Augustus Hewitt and another, about two in the night, at St. Leonard, Shoreditch, with intent to steal and stealing therein 1 watch, value 10l., their property.
EDWIN AUGUSTUS HEWITT . I am in partnership with Mr. Baker, and live at 17, Old-street-road, in the parish of St. Leonard, Shoreditch. On Monday morning, the 30th of October, about half-past two or three o'clock, I was awoke by my brother and a young man who lives with us, who told me something, in consequence of which I went to the front window over the shop, and threw up the sash, but could see no one—I waited till the policeman came by, directed his attention to the shutters, and told him to wait till I came down—I came down, and found a large hole cut right through between two shutters—the wire behind was broken away, the glass smashed, and several watches knocked down inside the window—I missed one—I had locked up the house about twelve over-night—the house was then safe—this is the watch I lost—it is the property of the firm—I know nothing of the prisoner.
THOMAS BICKNELL (police-constable G 169.) About half-past two o'clock in the morning of the 30th I was on duty in Old Street-road, and heard the drop of a bar or piece of iron on the pavement, and, on looking, saw two men running away from the shutters—I crossed over to them, and the prisoner threw something away (I could not tell what) into the middle of the road—I pursued him, and, with another constable's assistance, took him into custody, I took him back to the spot where he had thrown something away, and there found the works of the watch—I then took him to the station—returned with a light, and found the case on the same spot—I should think he must have been about two hundred yards from the shutters when he threw this away—I was within about thirty yards of the shutters when I first saw him—he was running—I lost sight of him in turning the corner—I was about ten yards behind him—it was at the corner of Willow-walk—another constable was standing at the end of Bath-street, and as he turned the corner I lost sight of them both—the other constable had got him round the corner—I searched the prisoner, and found on him five lucifer matches.
Cross-examined by MR. BALLANTINE. Q. I believe he denied all knowledge of it? A. He did—I did not find a cigar on him partly burnt—I do not recollect seeing any cigar—he was running very fast when I first saw him, towards me—he did not pass me—I was standing on the opposite side of the street, and as he was coming along, I crossed the street—he turned back and ran right away from me, and threw away the watch—I lost sight of him twice—the other one was a long way before him, and ran in a different direction—when I found him in custody, I did not say to the constable, "Halloo! what has he been up to?" nor anything to that effect—I said, "Hold him fast."
JOSEPH WAYMAN (police-constable G 147.) On the morning of the 30th of Oct. I was on duty in Tabernacle-square, about half-past two o'clock—I heard a cry of "Stop thief," ran to the spot, and saw the prisoner running very fast, and Bicknell in pursuit of him—on seeing me he turned down Willow-walk—I ran after him, caught him, and asked what he was running for—he denied running—he was very much out of breath—he was taken to Old-street-road, and I saw Bicknell pick up these works—after we took the prisoner to the station, we came back and found the case—it might be about 150 yards from the prosecutor's house.
Cross-examined. Q. Then you first saw this person running in Willowwalk? A. I took him in Willow-walk—I never lost sight of him after I first saw him—I saw him first in Bath-street—there is a turning from there into Willow-walk—he was on the opposite corner, and I was on this corner, meeting him—I saw him turn round into Willow-walk—I crossed in the centre of the road, when he turned the corner, running very fast—I was in the act of laying hold of him, I turned, and ran with him, and never lost sight of him at all—Willow-walk is about seven yards wide—I was ten or twelve yards from him when he turned the corner—there are courts in Bath-street, but no streets.
WILLIAM DEARMAN (police-constable G 162.) On the morning of the 30th of Oct. I was on duty near Mr. Hewitt's shop—he called me—I found a piece of brown paper pasted over a large hole in the shutters; and lying in the gutter close by, I found this small jemmy, a knife, and pieces of wood taken out of the shutter.
(Thomas Miller, butcher, Spitalfields; John Baker, cutler, Cock-hill, Bishopsgate; James Sharp, potato-salesman, Spitalfields-market; and Elizabeth Allcock, the wife of a journeyman printer, White Lion-street; deposed to the prisoner's good character.)
GUILTY . Aged 20.— Transported for Ten Years.
OLD COURT.—Wednesday, November 29th, 1843.
Third Jury, before Edward Bullock, Esq.
19. JOHN SHEPHERD was indicted for burglariously breaking and entering the dwelling-house of John Henry Powell Schneider, about two in the night of the 9th of Oct., at Edmonton, with intent to steal, and stealing therein, 2 medals, value 1l. 13s.; 3oz. of silver, 13s.; 1/2 oz of copper, 1d.; 1 half-sovereign, 10 shillings, 6 sixpences, 1 penny, and 2 5l. notes, his property; to which he pleaded
GUILTY . Aged 25.— Transported for Ten Years.
GEORGE JACKSON , boot and shoemaker, Church-street, Shoreditch.—On the night of the 8th of Nov., the prisoner came to be measured for a pair of boots—my young man measured her—she was asked if she would pay a deposit on them—she said no, she would come again for them—she went out, and had got about a hundred yards, when I missed a pair of boots—we pursued her—my young man said he wanted to speak to her—she came back with him, and, when she came to a turning, attempted to run away—I caught hold of her, and found these boots under her arm—they are mine—I gave her in charge.
Cross-examined by MR. PAYNE. Q. How do you know them? A. By the initials which were put on, either by me or my young man—I had seen them about ten minutes or a quarter of an hour before the prisoner came in—a
woman came in with her, and they went away together—the prisoner had a child in her arms.
Cross-examined. Q. What did you say to her? A. I said, "Did you steal them?"
GUILTY . Aged 21.—Recommended to mercy— Confined Three Weeks.
CHARLES ALFRED LING . I am the son of Charles Ling, of the Commercial-road. On the 15th of Nov. the prisoner came into the shop to buy some fringe—I saw her take a length of ribbon out of a basket on the counter, and conceal it under her cloak—she went on talking to the young man who was serving her—I went to her in about five minutes, and accused her of having a piece of ribbon—she denied it several times—I threw her cloak aside, and saw it in her hand—she said she had no intention of taking it, nor was she aware she had it—my father took it from her.
Cross-examined by MR. BALLANTINS. Q. Did she purchase anything? A. Yes, some fringe—she did not pay for it—she had not been looking at ribbons—there were five or six shopmen, but no other customers—he happeared confused.
JOHN PUTT . (policeman.) I took the prisoner—she told me the ribbon fell into her lap with her handkerchief, and she might have rolled it up and put it into her pocket unknown to her—4s. 6d. was found on her.
GUILTY . Aged 21.— Confined One Month. Before Mr. Baron Parke.
22. CHARLES PARKER was indicted for burglariously breaking and entering the dwelling-house of Richard Jones, about three in the night, at St. Marylebone, with intent to steal, and stealing therein, 1 pair of trowsers, value 3s.; 16 half-crowns, 40 shillings, and 40 sixpences, his property.
RICHARD JONES . I live in Dorset-street, in the parish of St. Marylebone, and keep the house. On the 27th of Oct. I went to bed about eleven o'clock at night—I was the last person up—the doors and windows were properly fastened—about three o'clock in the morning I heard a noise, and got up—I put my hand under my pillow, where I had put my trowsers the night before, and missed them—there was some money in the pockets when I put them there—I sleep in the parlour, level with the shop—I went into the shop, and found the door open—the pannel under the stall-board had been removed—a person could get in there if it was pulled out more than I found it—it might have been pulled more inward after they got in—I found a pair of boots in the shop belonging to a stranger, and a sack of potatoes which are mine—I found some rag with marks of blood on it in the toes of the boots—I also found by my bed-side some pieces of rag with blood on them—I gave the boots to the policeman—the prisoner was in my service for a short time, and since that he has passed and repassed the shop several times.
WILLIAM BECKLEY (policeman.) I took the prisoner in charge on the afternoon of the 28th—he had a pair of boots on—I asked how he got them—he said they were given to him that morning—I had seen the boots left at the prosecutor's, at the station—Jones had given them to another policeman.
me where he had cut his toe—are the same boots as he showed me—it was about half-past eight o'clock on the night of the 26th of Oct.—I did not see the cut, but saw the blood running through his boot.
GUILTY .* Aged 18.— Transported for Ten Years.
CHARLES HENRY SAUNDERS . I am servant to Mr. Hearn, a refiner, in Jerusalem-passage. On Saturday, the 11th of Nov., the prisoner came and offered me some gold for sale, which the officer has—I asked where he came from—he said, from his brother, Mr. Jones, No. 11, Wynyatt-street—I asked if he had a note—he said he had not—I requested him to fetch one—he went away—I kept the gold, and on the Monday evening following he came again—I said, "You did not return on Saturday evening"—he said, "No, I was unable"—he then gave me a note purporting to be from his brother—Mr. Hearn, who was in the shop, questioned him—he could not give a satisfactory account of the gold, but kept saying, "Come with me to my brother, it will be made right;" but I had sent to No. 11, Wynyatt-street before—I gave him in charge—the gold weighs about 12dwts.
Cross-examined by MR. CLARKON. Q. What is the exact weight? A. I weighed it, and thought it was 12dwts. 18grs.—I know it by the colour and general appearance—it is gold waste, or cuttings—our furnace is generally hot for melting anything a person may bring—I charge them for melting it—it is not hot all night—I never said it was—I leave when the shop is closed, and cannot speak personally to what is done while I am away, but I leave it nearly out—the prosecutor did not ask me before the Magistrate if the crucible was ready to melt day and night.
COURT. Q. What became of the gold the prisoner brought? A. I kept it till the prosecutor came, and then gave it to the policeman.
GEORGE HAMMON . I am a gold and silver dial maker, and live in Skinner-street, Clerkenwell. This gold is my property—I had given it out to the prisoner, who was my apprentice, on Thursday evening—it is part of a large quantity—I delivered to him between two and three ounces, in addition to six or seven ounces—this was an additional slip of wire for the purpose of finishing the edges of watch cases—it was then in one piece, but it happens to be an outside slip, and in the evening we could not find what had become of it, and when I saw it I knew it immediately—there is no private mark on it.
Cross-examined. Q. I believe while with you, you were perfectly satisfied with him? A. Most decidedly—I gave him the gold on the Thursday before he was apprehended—he was working under a young man rather older than himself—I should not like to swear it is all mine, but it is my firm opinion—Saunders was questioned by Mr. Coombe, and to the best of my knowledge admitted the crucible was kept hot night as well as day.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy by the Jury and Prosecutor.— Confined Six Months, the first and last week solitary.
house of Joseph Syer Orme, of Nassau-street, in the parish of St. Ann, Westminster. On the 24th of Nov., at half-past three o'clock in the morning, I was in bed in the front kitchen, and was awoke by a noise at the window which had been closed the night before—there is no fastening to it, but it was shut down as far as it would go—I sat up in my bed, and as I arose saw a man partly through the window—I thought his feet were out—his hands were through the window—there was a lighted lucifer match in his hand—he was kneeling on a dresser near the window with his feet out of the window, all his body was inside the house—I screamed out—he instantly went out of the window—I ran up to Mr. Orme and alarmed him—after the man was gone I found two lucifer matches in the area, which had not been lighted, and two on the dresser—I had gone to bed at twelve o'clock.
Cross-examined by MR. PRENDERGAST. Q. Are you certain the window was put down quite close? A. I am—I have a recollection of putting it close down—I can take my oath I saw a man—as I rose he lifted the match up.
COURT. Q. Would you have gone to bed with the window up? A. No—I closed it myself—I gave the matches I found in the area to the policeman.
CHARLES WEBB (policeman.) I was on duty at half-past three o'clock in the morning, on the 24th of Nov., in Nassau-street, and heard an alarm at Mr. Orme's house—I went up to the house, and saw a man getting over the area gate—he jumped down just before I came to him, and ran away—I followed him into Church-street—he was stopped there—it was the prisoner—I am quite certain he is the man who got over the gate—I took him back, found the kitchen window thrown open, and at the station I found a lucifer match on him—the servant gave me two lucifers which are of the same description as that found on him.
Cross-examined. Q. He turned three comers did not he? A. Yes—I saw him by a lamp, about three yards from the area gate he got over—I was ten or fifteen yards from him at first—I saw his face enough to know him again, as I got up close to him, and never lost sight of him till I took him—he might be out of my sight one moment while be turned a corner, not more—I never saw him before that.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Six Months.—The first and last week Solitary.
Before Mr. Justice Coltman.
25. THOMAS PRESS was indicted for feloniously receiving 2 pairs of hinges, value 1s. 6d., and 144, screws, 1s. 6d., the goods of Edward Dyer and another, well-knowing them to have been stolen, against the Statute, &c.
EDWARD DYER , of Portland-market, Edgware-road. I am in partnership with Thomas Dyer, a builder—I missed some property from my shop, and sent Warner, my man, to look after it about the 7th of Nov.—he brought back three or four pairs of hinges of mine, and a gross of screws—I am quite certain the large pair of hinges are mine, and believe the small ones are so—I got a policeman to take my son into custody.
THOMAS DYER . I am twenty-four years old, and am the prosecutor's son. I used to live in the house with him, but not at the time this happened—I was taken into custody on Tuesday, the 7th of Nov.—on the Tuesday or Wednesday before that I stole two pairs of hinges and a gross of screws from my father, about five o'clock, and sold them to the prisoner between seven and eight—he was in the shop when I went in—Mr. Press was going out at the door—I saw nobody else in the shop—I asked him to buy a gross of screws, which I pulled out of my pocket—he said, "Yes"—I said, "You will give me the same as you gave before"—I had sold him screws and
hinges before—he gave me 6d. for a grots of screws, and 1d. a pair, for the hinges, and he gave me that for these—nothing more passed—about an hour after we went and had a pint of half-and-half together at the Britannia.
Cross-examined by MR. CLARKSON. Q. How long have you been a thief? A. About nine months—I left my father last July—there was a little unpleasantness between us, and he told me to go—it was a little family affair, that was all—it related to property—I had made a mistake, and taken something which did not belong to me—(looking at his deposition)—this is my signature—this was taken down and read over to me—I do not recollect being asked if I had anything else to say—(read, "I took them to the prisoner's shop, I asked him to buy them, he looked at them, and said I can give you 6d. for the screws, and a penny a pair for the hinges. I said I wanted 9d. for the screws, and 2d. a pair for the hinges/' &c.) That does not state that I asked him to give me what he had given me before—I was never asked the question, nor about going to have half-and-half at the public-house—I have never been a witness before—I was never found out before—I went before the Magistrate for the purposes of justice, not to, get myself out of the scrape—I cannot say how much I have stolen from my father within this last six months—I am single—after leaving my father I got my living by working for him—I worked for Mr. Brown, an undertaker, in the Edgware-road—I had so much a job, sometimes about 5s., a-week—my father did not know I even got that—there is a back room to the prisoner's shop—I had not endeavoured to persuade his wife to buy these things before he came home—I swear that—I had not offered them to her—she did not ask me where I got them from, or whose they were, nor did I say that night to her or the prisoner that they were my own, what I had in my business, and for which I had no longer any use—I think I took three pairs of hinges, but only two were found—I forgot the third pair—I have been a carpenter, and in the course of that time have used hinges and screws—the prisoner knew I had been a carpenter—we once worked on the same job, and my father also—he was a bricklayer at that time—I do not know how long the prisoner has had this shop, I think from July to November.
COURT. Q. You said before the Magistrate that you asked the prisoner to buy the things, and that he offered you 6d. for the screws, and 1d. a pair for the hinges, and to-day that you asked him to give you the same price at before, which is correct? A. What I said before the Magistrate—I do not know how I came to give a different account to-day—it is so long ago, and I am not troubled with a very good memory—when I went in I said it was a wet evening—he said yes it was—I then asked him whether be would buy the hinges and screws I had got—I took them out of my pocket—he asked what I wanted for them—I asked him if he would give me 9d. for the screws, and 2d. a pair for the hinges—he said he could not afford to give me so much as that, he could only sell them for that—he then said, "I will give you what I did before "—I said, "Very well," and he gave me 6d. for the screws and 3d. for the hinges.
WILLIAM WARNER . I am in Mr. Dyer's employ. I was directed to look after his property—I went to the prisoner's shop, and found him there talking to another man—I inquired for different things, among others, for screws and hinges—he produced some—I purchased a gross of screws, which I imagined to be Mr. Dyer's, also five pairs of hinges, two pairs of which I identified as Mr. Dyer's—he asked me 15d. a gross for the screws—I gave 1s., 2d. for the large pair of hinges, and 1 1/2 d. for the smaller pair, 1d. for another pair, and the other two for 1 1/2 d.—the large pair were four-inch buts, which I identified as Mr. Dyer's—they had been taken out of the paper for a job, but
were not used, and were lying about the office a long time—the 1 1/2 d. pair, I believe to be Mr. Dyer's, but I could not swear to them so accurately as the others, as they are a new pair—the others I am perfectly acquainted with, having moved them from place to place—I could not swear to the screws, but I believe them to be Mr. Dyer's, by the size, the paper, and the tying-up—the shop paper stating the size has been slipped out from under the other paper—there is no shop-mark on them—they were such screws as I was in the habit of using for my employer—the paper and tying-up is done by the manufacturers—I took the things to my master.
FREDERICK BANNISTER (police-constable D 85.) On the 7th of Nov. Thomas Dyer was given into my custody by his father—I took him into the prisoner's shop, and asked if he knew Thomas Dyer—he said, "No"—I asked if he had bought any screws and hinges of him—he said no, not that he knew of—I asked if he had sold any hinges and screws that day, and showed these to him, which I had got from Mr. Dyer's—he said he had not—I said "Mr. Dyer has lost some screws and hinges, and his son has sold them to you, you must go with me to the station, and account how they came in your possession."
Cross-examined. Q. Have you dined? A. I have—I have had some beer, nothing else—(looking at his deposition)—this is my signature. (The deposition being read, did not state that the witness had asked the prisoner if he had sold any screws or hinges that day)—if that is omitted it is no fault of mine—I do not come here to swear falsely—I did my duty—my deposition was read over to me, and I was asked if I had anything to add or alter—I said it was correct—I might perhaps omit a little something.
EDWARD DVEB re-examined. I went into the prisoner's shop before my son and the policeman, but we were all three pretty close together—I asked him if he had bought any hinges of my son—he said, "No"—I had them in my hand at the time—I then gave him in charge, and came out, leaving the officer talking to him—the policeman was in his uniform.
MR. CLARKSON called
ANN DUNFIELD , widow, Queen-street, Edgware-road. I was at the prisoner's house when Dyer came, about eight o'clock in the evening—Press was out—he saw Mr. Press, and asked if she would buy a few screws and hinges—she said, "No, I do not understand them"—she looked at them, and said, "They are new, I should think they are of service to yourself"—he said, "It is a few I have left from a job, I have no more use for them"—she wished him to take them away—he said, "No, I will leave them here till your husband comes, perhaps he will buy them "—he left, and returned in a quarter of an hour—Press had not come in—he waited a quarter of an hour—Press then came in, and said, "What have you got?"—he said, "A few screws and hinges, I should be glad if you will buy them, I am very short tonight"—Press said, "Are you sure they are your own, I do not want them, I do not understand them, or know their value?"—Dyer said, "I am surprised at your asking if they are my own, you know me very well, and never knew any wrong of me"—he said he had no further use for them, and asked him repeatedly as a favour, to buy them—he asked 6d. for the screws, and 1d. each for the hinges—Press said, "As you say you are distressed, I will give you what you ask"—I was in the parlour, sitting behind the door, nursing the child—I pulled the door aside, and saw Dyer—he could not see me.
COURT. Q. Do you live near Press? A. Within half a dozen doors, and keep house for my two sons, who work for a cow-keeper.
JOHN KNIGHT . I am a smith, I know the prisoner, and worked for him. On the 4th of Nov. I went to take some work home, and on the table outside the shop I saw some screws and hinges similar to those produced.
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 19.— Confined One Year.
GUILTY . Aged 22.— Confined Three Months.
GUILTY .* Aged 36.— Transported for Seven Years.
GUILTY . Aged 41.— Confined Six Months.
GUILTY . Aged 23.— Confined Six Months.
JOHN HARRIS . I am under butler, at 25, Hyde Park-gardens. On the 9th of Nov. I had been to Drury-lane, and on my way home met the prisoner in John-street, Edgware-road—we walked up several streets till we got to Burn-street, Edgware-road—we went up an entry there, and were there together some time—the prisoner said, "If you will wait a minute I will be back again"—I remained there about two minutes—she did not return—I missed my watch, chain, seal, and key—I was sober—I heard a door next to where I was standing, shut too—I called a policeman—he opened the door, went up stairs, and the prisoner came to the room-door when he knocked—I said, "I will swear that is the woman that stole my watch"—she said, "I have done no such thing, I have not seen it"—I went down to the door and waited, and the policeman called out, "It is all right, I have found the watch"—I did not see it found—she was taken to the station.
HILL BECK (police-constable D 127.) I went to this house in Bum-street, next the passage, at about half-past two o'clock in the morning—I found the prisoner in the first floor back—I knocked at the door, and she came out—the prosecutor said she had stolen his watch—she said she had not, she had never seen it, I was welcome to search the room—I searched, and underneath the table saw a piece of tin lay—I kicked it on one side, and there was a hole in the boards—I knelt down, with my lamp, and there found this watch—she then said she did not know how she came to take it—she had been drinking, but knew very well what she was about—the prosecutor was sober.
(Property produced and sworn to.)
(The prisoner put in a written defence, stating that she was not aware she
had the watch, that it fell out of her lap when she got to her own room, and hearing the policeman come up stairs, she was frightened, and hid it.)
GUILTY . Aged 39.—Recommended to mercy.— Confined One Year.
CHARLES UNDERHILL , landlord of the Wheat Sheaf, Holywell-street, Strand. On the night of the 1st of Nov., the prisoner came to my house for a bed, and paid 18d. for it—next morning I was in the bar—he came down about a quarter to twelve, and in passing to go out, he said he should want breakfast presently—he hurried out—I noticed that he was very bulky—I went to the door, and he ran away—he turned up Wych-street—I ran after him, and took him back—he said it was a bad job, it was the first time he was ever caught—he took off his hat in the parlour, and pulled out my sheet—the blanket he had wrapped round his body, under his shirt, and the calico table-cover was in his coat pocket—they had been taken from the room he slept in.
DANIEL WILLIAM LOVELL (policeman.) I found the prisoner in the prosecutor's parlour—he was given into my custody—the blanket was round his body, and the table-cover in his pocket—he said he had nothing else about him—I asked him what the table cover was for—he said to wrap the others up in.
GUILTY .—Aged 22.
ELIZABETH WALLER . I am chambermaid at the King's Arms, Oxford-st., kept by Ann Gardiner. On the night of the 11th of Oct., the prisoner came to the bar and asked if he could have a bed—I showed him to his room, and turned down the bed for him—there was a pair of sheets and a pillow-case on the bed—on the following morning, a little after nine, I was on the stairs when he came out of the room, and asked him to remember the chambermaid—he said he was going to return at night, and would want his bed—he wen out—I went to his room immediately, and missed the sheets—no oneoccupied that room but him—he came directly from his room, went to the bar, and asked if he could have breakfast—he said he was going down to the stables, and would return in a few minutes—he never came back.
Prisoner. You said I had not the same dress on. Witness It is not the coat he had on when he slept at our house—he had a light coat on—I am confident he is the man—he paid 1s. for the bed—I saw him again at Bow-street, about a fortnight or three weeks afterwards.
GUILTY . Aged 22.— Transported for Seven Years.
35. ANN GRIFFITHS was indicted for stealing 6 handkerchiefs, value 10s.; 2 collars, 4s.; 2 pairs of gloves, 3d.; 2 yards of lace, 10d.; the goods of Sarah Jordan: 1 gown, 8s.; 1 scarf, 1s.; 2 pairs of gloves, 4d.; 2 collars, 1s. 6d.; 1 napkin, 8d.; 1 brooch, 2l.; and 1 printed book, 4d.; the goods of William Butcher, her master.
SARAH JORDAN . I am servant to William Butcher, carpet-manufacturer, Great Marlborough-street. The prisoner was a servant there about two months, and was going to leave on the 9th of Nov.—I missed a handkerchief, and asked her if she had seen it—she said no—I missed from my box four other handkerchiefs and two collars—after looking in my box, I spoke to Miss
Butcher who went with me, and I opened the prisoner's box with my key, at Miss Butcher's suggestion, and found in it three handkerchiefs, two collars, two pairs of gloves, and two cap borders of mine, worth altogether about 15s—I asked the prisoner who put them there—she said she did—she did not account for it—I did not find a brooch in her box—I found one napkin.
Prisoner. My box was opened with a false key, and the things put in; I did not put them in. Witness. Her box was locked—there had been no quarrel in the house—Miss Butcher had missed a spoon—the prisoner gave notice to leave herself at the end of her first month—I never opened the box before.
EMMA LOUISA BUTCHER . I am William Butcher's daughter. I opened the prisoner's box in her absence, in the presence of the other servant—I thought it would be right to try the prisoner's box with the servant's key—I tried it myself—we had sent for a policeman to search it—I was present when it was opened—I found a scarf, gloves, veil, and various articles which I had missed—I am not twenty-one years old—they are worth about 10s—the book was found on her person at the station—she denied at first that she put the articles in her box, but afterwards confessed it—no promise had been made to her—my father had spoken to her—I recommended the key should be tried to know if she had the means of opening the servant's box—I tried the key myself—I do not know why she was going to leave—she was servant of all work—the other was housemaid, and had been with us about a week, as the other housemaid was going to leave.
GEORGE COOMBS (police-constable G 9.) I took the prisoner into custody—on removing the articles at the top of her box, others were found which Miss Butcher claimed—she asked the prisoner how they came in her box—she said, "I put them there"—she did not account for it.
BRIDGET CONNEL . I am the wife of William Connel a policeman. I searched the prisoner at the station, and found a book, pair of gloves, a brooch, and some pieces of ribbon in her pocket—the brooch was broken.
MISS BUTCHER re-examined. I know this brooch—it was in my dressing table drawer, which was not locked—the stone is gone out of it—this book belongs to my father—the prisoner was to have 12l. a-year—this was between four and five o'clock in the afternoon—she was to leave about eight—she had not received her wages—there was a cameo stone in the brooch—it is mosaic gold.
Prisoner's Defence. I picked them up; I hope you will be merciful to me; it is my first offence.
(Mr. Russell, of Barnsbury-road, Islington, gave the prisoner a good character.)
GUILTY . Aged 18.— Judgment Respited.
JAMES GROOM . I am shopman to Thomas Ballard, Monyer-street, Hoxton, poulterer. On the afternoon of the 8th of Nov. I was in the shop, and saw the prisoner in company with two boys—they passed the shop once or twice—two of them went by, and the prisoner took two fowls, and put them under a piece of stuff which he had—I took hold of one of the others—he said, "I have not got them"—I then took the prisoner, brought him back, and he put the fowls where he had taken them from, and said he did not take them, but that I did.
GUILTY . Aged 14.*— Confined Six Months.
JANE CATCHPOLE . I am the wife of Joseph James Catchpole, of Collingwoodmews. On Saturday evening, the 11th of Nov., about half-past nine o'clock, I was in the shop of Mr. Wright, cheesemonger, Tottenham-court-road, on the bacon side of the shop, and had half-a-sovereign in a piece of paper, 3s. 4d., and two half-pence in my pocket—there was a great crowd in the shop—while I was at the counter a boy came to me, and from what he said I felt in my pocket, and missed all my money except 2s—the boy went out, and fetched the prisoner in—I said I had lost half-a-sovereign—he said he had not been in the shop, and afterwards said he came in to look for his sister, and he had a half-sovereign which he could well account for—the constable was there—only a shilling, two penny pieces, and a few half-pence were found on him.
Cross-examined by MR. PRENDERGAST. Q. The half-sovereign he said he had was not found? A. No—I did not hear him say he had a half-sovereign, a shilling, and a few coppers—I do not recollect saying so—he put his hand into his pocket, and pulled out a shilling—this signature to this deposition is in my writing—(Read," The prisoner said he had a half-sovereign of his own, and a shilling, and some copper. ")
WILLIAM MOSS . I live in Tottenham-place, and work for Mr. Wright. On Saturday, the 11th of Nov., I saw Mr. Catchpole come into he shop—the prisoner followed her in—I had seen him and another before, outside, keep quite close to the ladies, who looked at things in the window—at one time he came very close to them, which made me suspect him—when he came into the shop I watched him, saw him go quite close to Mr. Catchpole, and lift up her gown—she turned her head, and he dropped the gown—he took it up again, put his right hand into her pocket, held it up with his left hand—he let her dress fall—I turned my head to a customer, turned again, and saw him walking out very quickly—I went and asked if the prosecutrix had lost anything, ran out immediately, and brought the prisoner back—he had two companions—one of them whistled, and the prisoner said, "Why the deuce don't he come?"—I gave the prisoner in charge for picking a lady's pocket of half-a-sovereign—he was taken into the shop, and the prosecutrix said, "I have lost half-a-sovereign"—he said he had half-a-sovereign of his own, which he could well account for—I did not hear him say he had any other money—he said nothing about halfpence—he put his hand into his pocket, drew it out, and said, "There is all the money I have"—I did not see what it was.
Cross-examined. Q. He did not say he had a shilling and some halfpence? A. No—I am quite sure of that—I never said he did—I do not exactly remember every thing, as the crowd was pushing about—I had not time to tell the lady what he was about the first time, as my attention was called away to get some cheese for a customer—I was outside the shop door—it happened inside—it was a foot and a half from the door—the shop was well lighted—I saw this plainly—I saw him put his hand into her pocket—I went and took him in half a minute—I spoke to the constable, who was about two yards off—if I had mentioned it before I should have got knocked down.
THOMAS CAVE (police-constable E 54.) On the 11th of Nov. Moss gave the prisoner in charge for picking a lady's pocket of half-a-sovereign in the shop—the prisoner said he had never been in the shop at all—I took him to the proseeutrix at the shop door, and asked what she had lost—she said half-a-sovereign, a shilling, and some copper—he declared he had never seen her—I took him into the shop—some customers identified him as having been standing by the side of the prosecutrix—he then owned having been in the shop, and said he went in to look for his sister; that he had half-a-sovereign, which was his own money—he took out a shilling, three pence, and two halfpence—I asked him where the half-sovereign was which he said he could account for—he then denied saying he had a half-sovereign.
Cross-examined. Q. Did the boy come to you? A. Yes—I was ten or twelve yards from the shop—the prisoner was on the pavement, about a yard and a half from me—he said nothing about having a shilling or halfpence till he got into the shop—he then took out a shilling and some halfpence, and said that was all the money he bad—I found no paper on him—he was standing with several others in the street.
GUILTY.* * Aged 21.— Transported for Ten Years.
OLD COURT.—Thursday, November 30th, 1843.
Second Jury, before Edward Bullock, Esq.
GUILTY . Aged 37.— Confined Six Months.
38. JOSEPH MATON was indicted for breaking and entering the dwelling-house of William Dimsdale Child and others, and stealing therein, 2 ledgers, value 1l., their goods.—2nd COUNT, stating them to be the goods of Henry Lee and others.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
JOHN WHELEW . I am porter to Messrs. Bond and Co., No. 8, Finsbury-place South. William Dimsdale Child is one of the partners—we had books in the warehouse belonging to the firm of Whitmore and Wells—previous to the 15th of Nov. I observed the internal part of three of those books cut out, and made a communication to my employer—on Wednesday, the 15th, there were others of those books in the warehouse—the warehouse door was kept open during the day—about a quarter past six o'clock in the evening I was in the kitchen, and heard a noise in the warehouse, which is on the ground floor—I went up towards it, and heard persons talking; and as I was on the top stair of the kitchen, a man rushed past me towards the street door, and escaped—I had fastened and chained the street door about half an hour before, when my employer left—I got a cutlass, and sent my wife for a policeman, who came, and he and I entered the lower warehouse together—we found the prisoner standing, I think, on the second stair of the warehouse, and on the third stair were these two ledgers, which I am certain had previously been in the ware-house—I gave him into custody—I had not fastened the warehouse—next morning I saw some footmarks in the yard—a person, by getting into the yard, could get into the warehouse, by the back door, which is always left open during the day—he would have to get over a wall nine feet high to get into the yard—the wall leads to West-street, Finsbury-circus—there are four rooms—these books were kept in the third room—there is a door, which was open—he would not have to go through any door to get at them after entering the back door.
Cross-examined by MR. PAYNE. Q. What was there in the warehouse besides these books? A. There were boxes, I do not know what they contained, a parcel of old furniture, and some cigars—these books are very heavy—the prisoner said at the station that he had been hired by a man to carry them.
MR. CLARKSON. Q. Did he afterwards point you out as the man that hired him? A. He did—there was no truth in that.
ROBERT MASON (City police-constable, No. 126.) I was called to this house, went with Whelen to the warehouse, and found the prisoner and these two ledgers—I found a box of silent lucifers in the passage, and on the ground
floor a candle, which appeared to have been recently lighted—the prisoner said before the inspector that he had been hired by somebody to carry the books.
Cross-examined. Q. Did he persist in saying that all the way through? A. He did.
WILLIAM DIMSDALE CHILD . I am one of the assignees of Messrs. Whitmore and Co. There are others—I was likewise a partner in the firm of Bond and Co., which is now dissolved, but I am still carrying on the business, to wind up the affairs—there are other partners—the house, 8, Finsbury-place, South, is our property—these two books are the property of the late firm, and ours, as assignees.
Cross-examined. Q. Who pays Whelen? A. Mr. Bond, Mr. Reece, and myself, who formerly were connected together in business—I know nothing of books having been gutted before this.
NOT GUILTY .
Before Mr. Justice Coltman.
CHARLES RYLEY (policeman.) On the morning of the 2nd of Nov. I saw the prisoner coming up out of the cellar of the Ship public-house. The flap was partly across the pavement and partly across the opening—it was lifted partly off—it was fastened underneath with a chain—I saw him come right up out of the cellar, he bent his body double, gave a whistle, and ran underneath the wall—I suppose he bent his body to hide himself from me—I then saw a man who was standing in a dark corner nearly opposite, and he ran with him—I followed, sprang my rattle, and never lost sight of the prisoner till he was stopped in Commercial-road by Baxter, between 200 and 800 yards from the house, Smith came up and took him in charge—I had walked over the cellar flap a quarter of an hour before, and it was secure as it ought to be—I afterwards went to the station, and got the prisoner's boots, took them to the cellar, and under the flap was a little dampish dirt, which had got through the cracks of the flap, a couple of inches thick—I found footmarks in it corresponding with the right boot exactly, and there was a mark where the left foot had stepped, which corresponded with the left boot at the toe—it was only made by the toe—I found some lucifer matches in his waistcoat pocket.
Cross-examined by MR. WILKINS. Q. Was it not a wet morning? A. Not very wet; it was a mizzling gradual rain, similar to a fog—there was a little small rain—I should think the causeway in front of the house is about two yards wide, but the cellar flap took up part of it—it is one entire flap—I made another mark with the boot by the side of the footmark—I did not try it to the mark—Squire was present—Mr. Baxter was at his door, but I should say it was nearly five minutes before I saw him, as my attention was drawn to the prisoner—the wall is the front of the house.
ANDREW BAXTER . I am a baker. Soon after two o'clock I heard a rattle spring—I was standing in my own doorway—I saw the prisoner running across the road from Vinegar-lane—I ran and stopped him—he was about forty houses from the Ship—he said, "What do you stop me for?"—a policeman came up—I gave him to him—Ryley came up immediately after.
Cross-examined. Q. It was raining pretty smart? A. Not very fast.
MARY ANN GREENOCK . I live at the Ship, in Sun-tavern-fields. Elizabeth Dodd, my mother, keeps the house—I was disturbed on Friday morning, between two and three o'clock—I went down in the cellar with the policemen—the cellar door was locked—I gave them the key, and they went down into
the cellar—nothing was gone from the cellars—nobody could get in without undoing the flap, which was fastened when we had the beer in a fortnight or three weeks before, by a chain and hook inside—I had been in the cellar on Wednesday evening, but not on Thursday.
Cross-examined. Q. I suppose your attention had not been called to the flap? A. No, the brewer's men fasten it—there are two chains—I cannot say whether both were fastened.
JOSEPH SMITH (policeman.) I observed the prisoner and another running—just as they passed me, a rattle sprung—I followed, and got behind the prisoner, when he was stopped by Baxter—the other man escaped—I afterwards found some lucifer matches on the spot where the prisoner was stopped.
THOMAS SQUIRE (police-sergeant.) I went to the cellar, and found three lucifer matches, one of which had been ignited—I observed footmarks on the rise of the cellar, going into the street, where the tubs are let down—they pointed as if the person was going out of the cellar—I compared the boots Ryley produced with the footmarks—the right boot exactly corresponded, and the toe of the left foot exactly corresponded with a place where the person had stepped, in getting out, at the toe.
Cross-examined. Q. Did you place the boot in the footmark itself? A. I did—I looked at it, then carefully put it into it—Ryley was by—I pointed it out to him—he did not fit it at all himself.
COURT. Q. The examination was made entirely by you? A. Yes—Ryley did nothing.
ROBERT HARWOOD VALENTINE (police-inspector.) I examined the premises, and found a mark under the lock of the cellar-door—I took one Miller in custody on suspicion—I found a knife on him, which I compared with the marks—it appeared to have been made with this knife—it cut it under the grain of the wood—I examined the cellar flap—it could be raised without loosening the chain—I lifted it up myself about two feet—there was two chains, but only one on at the time.
NOT GUILTY .
40. JOHN SHEPHERD and EDMUND KEELEY were indicted for feloniously assaulting John Quaterman, and cutting and wounding him on his head, with intent to murder him.—2nd and 3rd COUNTS, with intent to disable and do him some grievous bodily harm.—4th and 5th COUNTS, with intent to rob him.
MR. WILKINS conducted the Prosecution.
JOHN QUATERMAN . I am a dyer, and live in Edgware-road. On the 24th of Nov., between two o'clock and half-past in the morning, I was in Park-lane, perfectly sober, and, near Grosvenor-street, I saw the prisoners before me—when I got within about fifteen yards of them they both parted, allowing me to go between them, one on one side the path, and the other by the curb—when I got about a foot in advance of them, I received a blow on the right side of my head—I cannot tell which of them was on my right—I staggered and fell, and, while falling, cried out, "Murder"—they both instantly ran off—it was very light; there is the reflection of six lamps from the park lodge, besides the usual lamps—while on the ground, two persons, and, I think, three, came up to me, as if they came out of the shade of the railings; thinking them of the same party, I called, "Murder," which kept them back—a policeman came up in about two minutes, and raised me from the ground—Utting, a policeman, directly brought the prisoners to me—three minutes could not have elapsed from my receiving the blow and his bringing the prisoners to me—I knew them directly to be the men I had
previously seen—I had no opportunity of seeing their faces before they were taken—my deposition was taken, in their presence, while I was in bed—I kept my bed for a week—they were brought near my bed-side—my wound bled very much indeed.
Cross-examined by MR. HORRY. Q. You had no acquaintance with them before? A. Not the slightest—I was coming from Chelsea—I called, "Police" and "Murder," and was down the instant I received the blow, and they immediately ran away—I was near a turning—the park is not open; it has a gate and iron railing—the gates were shut.
CHARLES UTTING (police-constable C 110.) On the 24th of Nov. I was on duty in Park-lane, near Grosvenor-gate, at two o'clock—I heard a cry of "Murder"—I immediately hastened to the spot—I was walking in that direction at the time—I ran directly, and saw the prisoners running in a direction from where I heard the cry—I pursued them—I tried to stop them in Park-lane—they turned into Brook-street—they were running towards me at first—I overtook and stopped them both—I said I heard "Murder" called, and requested them to go back with me to where I heard the cry—they refused, and Keeley got away—I said, "It is no use running away, I will take you"—I saw another constable, gave him Shepherd, followed Keeley, and caught him again in Wood's-mews—he was not out of my sight above five or six seconds, and was still running—it was not three minutes from the time of my hearing the cry till I took them back to where I had heard the cry of "Murder"—I found two constables there raising Quaterman off the ground—he was all over blood, and his head cut—he recognized the prisoners directly I took them up—three men came up at the time the constables were assisting Quaterman off the ground, and, being all Irishmen, I asked the prisoners if they knew them—they both said they did not—I then asked the three men, in their bearing, if they knew them—they also denied it—in going to the station one of them turned his head over his shoulder and said, "Morris, I am going to Vine-street station-house"—he spoke to the party they had denied knowing, and the three talked to the prisoners in going to the station—when the man spoke to Morris, I said, "Why, you denied knowing each other, and now you know them; "and according to their account they were all in one party, and both the prisoners said in going along they knew the three men well, that they were all in one party.
Cross-examined. Q. When you got up, did not both say they had done nothing? A. They did—I said, if so they would not object to going back—I was certain there was nobody there but them—they both said they never heard the cry—neither of them said he thought the cry was in another direction—I mentioned what they said about going to Vine-street at the station, and at Marlborough-street—I will swear that.
THOMAS GRACE PHILLIPS . I am a surgeon, and live in Albion-street, Hyde Park. On the 24th of Nov. I was sent for to No. 10, Edgware-road, and found the prosecutor in bed in a state of great prostration, which I attribute to a blow on the back of his head, from which there had been a great effusion of blood—it had been dressed—I eventually removed the plaster, and found an incised wound about two inches long, deeply incised, extending to the skull itself, but it had not broken the external coverning of the brain—I think it must have been done with some instrument with an edge to it—the edge of a stone would do it—I immediately gave information to the Magistrate, as it was a matter of great uncertainty what the result would be—I was at the prosecutor's bed-side when his deposition was taken in the prisoners' presence, and saw Mr. Hardwick sign it—I heard the prisoners' statement, which was read over to them—I saw the Magistrate sign it—when it was read over to them they
said something in allusion to what Quaterman had said—they were not asked to sign it—their observation was taken down by the clerk, and read over to them—they did not object to it, or contradict, or deny it at all—(read)—"The prisoner Shepherd says, 'There were five of us present at the time; Keeley says the like.'"
MR. HORRY called
MICHAEL MORRIS . I am a bricklayer, and live in Horris-street, Edgware-road. I have known Keeley seven years, and Shepherd three years—I never heard anything against either of them—I had been in their company on this evening, at a friendly meeting, held in the Borough—I do not know the name of the street—I forget the name of the bridge we came over—Park-lane was our nearest way home—the prisoners accompanied me part of the way, and I parted with them by the Queen's Palace—I stepped on before them—they live in Horris-street—the same street as me—I went on a-head, and left them behind to light their pipe, I believe, or something—I did not see them again till they were in custody—I went straight home.
MR. WILKINS. Q. Your name is Morris? A. Yes—we had met up some money for a man in distress, a countryman—there was about at the meeting—there were three others with the prisoners when I left then.
(The prisoners received good characters.)
SHEPHERD— GUILTYOn the 3rd Count.—Recommended to mercy . Aged 25.
KEELEY— GUILTY. Aged 24. On the 3rd Count.—Recommended to mercy .— Confined Two Years.
FRANCES LEWIS . I am the wife of Wiilliam Lewis, of Denton-street—the prisoner lived next door. On the 21st of Nov., between ten and eleven o'clock, I put a sovereign and a half-sovereign in a bill off the front parlour mantel-piece—I missed it about a quarter past four—the prisoner had been in my house, and in the room where the money was—she left about four—I was looking over the banisters, and saw her go out at the door—on missing it I sent for her, and told her I had lost the money—she said it was all nonsense, I should find it, and if I did not she would lend me the money—she then went home again—about six o'clock there was a great noise in her houw—I went in and found her lying on the floor, quite tipsy—I asked her if she had got the money—she said, no, she had got no money.
Prisoner. Mr. Lewis and I had been drinking together all day. Witness. A person who was newly married called to see me in the morning, and we had a glass of spirits each—that was all—the prisoner was with me then.
SARAH BROAD . I was passing this day with Mr. Lewis—I taw her put the money on the mantel-piece in a piece of paper, near eleven o'clock—about half-past three in the afternoon, Mr. Lewis was up stairs—I went of to her, and as I was going out of the parlour-door, the prisoner met me, and asked if I would lend her my cloak, as she was going out of an errand for Mr. Lewis—I said, "Yes," and she went into the front parlour—as I was going up stairs, Mr. Lewis leant over the banisters, and asked me to give directions to the servant—I went into the kitchen to do so, and on coming up, I saw the prisoner coming out of the parlour with my cloak on, and go out of the street door—there was no one in the parlour at that time—it was about half past three or a quarter to four—when I left, the paper was still on the mantel-piece—I cannot say whether the money was in it—about a quarter past four I went with Mr. Lewis into the parlour, and missed the money—the prisoner was then sent for—she said it was all nonsense, she was sure Mr. Lewis would soon find the money, and if she did not, she would lend her
that sum, for she had got things that she could pledge to the value of 8s. or 9s., which she would lend her, but she was confident she could borrow the money of a man she knew—she then left the house—I afterwards saw her in her own house, lying on the floor tipsy—I asked her if she had taken the money from Mr. Lewis—she said, no, she had no money; she wished the Almighty might strike her speechless if she had had the money at all, or had any money about her—I said if she had not taken it, she would be willing for us to search her—she said she was quite willing to be searched, for she had no money about her—she undid the top of her dress, and told the girl to put her hand down the left side of her—when the girl went to put her hand on her right side, she said she had a bad bosom, and did not wish her to put her hand there, but as she drew up her dress over her bosom again, I saw a sovereign glittering on the top of her bosom—I put my band in, and drew out a sovereign and a shilling from there—she used a bad expression, and said, "You have got the money"—it was a new sovereign, and the sovereign Mr. Lewis had shown me was a new one.
Prisoner. I bad been drinking, and was afraid to go home to my mother for my bonnet and shawl; Mr. Broad lent me hers; I went up stairs into the laundry; Mr. Lewis was then lying down on the floor, asleep, and I said I hoped she would get sober before Mr. Lewis came home; I got some clothes, and took them to a lady in Tavistoek—square, who paid me a sovereign, which I gave to Mr. Lewis when I returned; I never went into the parlour. Witness. I cannot say whether she went up and got any clothes—she had some in her hand, which she was going to take to a lady in Tavistock-square—Mr. Lewis was not lying on the floor, asleep—nothing was had to drink to make her at all tipsy while I was there, except one quartern of gin between Mr. Lewis, me, the servant, and the prisoner, and some bread and cheese and a pint and a half of beer at dinner-time—Mr. Lewis was not at all intoxicated.
ELIZABETH PURSE . I am servant to Mr. Lewis. I went into the prisoner's house about six o'clock on this Thursday evening—die was lying asleep on the floor—I asked her if she had seen the money—she said no, she had not seen it—I went and told my mistress, who sent me for a policeman—, I went in again, and asked if she had seen the money—she said, when she came out of the parlour she had left the money on the mantel-piece—I returned, and told my mistress—I went in again, and asked if she would let me search her—she said she would not, she would have a policeman to search her—I afterwards went in again, and said I would search her—she said, very well, I might—I was going to undo the top of her gown, she jumped up, and tried to throw the table at me, and I went out of the room, saying I would fetch my mistress—she said me and my mistress might be d—d—mistress came into the room with me—she then gave me leave to undo the left side of her gown, but not the right, as she said she had a bad breast—I felt the left side, and found no money—I saw a sovereign glittering in her right breast, I put my hand down, and pulled up 2s. 3 1/2 d., but my band was so large I could not get any more—Mr. Broad put her hand down, and pulled up the sovereign and shilling—the prisoner then said, "You b----d b—h, you have got the money."
Prisoner's Defence. The money was my own; I had only been out of a situation three weeks; I went into the house with Mr. Lewis between ten and eleven o'clock; we got drinking all day; about half-past three she asked me to take home some linen for her, which I did, and returned about half-past four with a sovereign, which the lady paid me; I never saw the money which she lost; I gave her the sovereign; she then said she had lost the
sovereign; I went out of the house because of Mr. Lewis's coming home; she never sent for me till between six and seven, when she came and asked if I had the money; I said, "I have not got your money, but I will lend you what I have got, and what I have not I will get for you."I hope you will have mercy on me; it is the first time I have been in trouble.
GUILTY . Aged 24.— Confined Four Months.
43. ROBERT PRICE was indicted for feloniously assaulting Norah Kelly, and cutting and wounding her on the head, with intent to murder her.—2nd COUNT, stating his intent to be to disable her.—3rd COUNT, to do her some grievous bodily harm.
NORAH KELLY . I am thirteen years old—I was in the prisoner's service. On a Thursday, I do not know how long ago, about eight o'clock in the morning, my mistress ordered me to go and look after my master, who I had seen go out not long before—he was going to his cousin's, and she sent me to look after him—I saw him in the street, and kept slowly after him—he went through a public-house to go down a court—I went and stood at the back-door of the public-house—I heard the prisoner inquiring for his cousin—he turned round and saw me—I was going back again into the public-house, to go out into the street—he called out "Here," and asked if I knew where his cousin lived—I said, "No, sir"—he went a little way down the court again, then turned round, and ran after me—I ran into a woman's house, who was standing at the door—she ran in before me, and was going to shut the door against me, but let me in, and shut the door against the prisoner—I ran because I thought he was going to beat me—he looked sulky at me—he came to the door, and burst it open—I do not recollect anything more—when I came to myself, I was at the hospital—my head was then cut, and very bad.
Cross-examined by MR. HORRY. Q. I believe you had lived three months with the prisoner and his wife as servant? A. Yes—I was set to watch him, for fear he should destroy himself—when he turned and saw me, he looked at me very wildly and furiously—that was what alarmed me, and made me run away.
MARY TAYLOR . On a Thursday morning, about five weeks ago, I was standing at my door in George-gardens, fiethnal-green—it is a kind of court—I saw the prosecutrix standing at the top of my yard, asking for a Mr. Price—I said, "I don't know such a name"—he saw the girl standing at my gate, he ran back, and ran down the court towards her—she ran into my place—I let her in, and shut the door—the prisoner forced it open—the girl went up by the side of the fire-place—he went after her, took up the iron fender, held her by the neck, and struck her with the fender on the back part of her head—I cannot say whether he struck her once or oftener, I was too frightened—I cannot say that I saw him strike her more than once—she ran up the yard, and he after her with the fender—I saw him overtake her, and strike her with the fender again—I went to the top of the yard, and saw her lying in the kennel, and he stamping on her face with the heel of his boot—she was then taken away to the hospital—she was in a dreadful state from blood and mud—several people tried to get him away from her, but they could not.
Cross-examined. Q. Did you see him lift her up, and dash her against the brick wall? A. No—I cannot say whether he was mad.
WILLIAM FORECAST . On this Thursday I saw the prosecutrix run into Mr. Taylor's house, and saw the door shut after she got in—the prisoner was running after her—he burst open the door—I did not see what passed in the house—I heard screaming—I then saw the girl run out, followed by the prisoner
with an iron fender in his hand—he beat her over the head with it about five or six times—he then threw the fender down, and threw her against the brick wall—she fell down, and he stamped on her face—I only saw him do so once—I ran to her assistance, held the prisoner, and with others took hold of him, and prevented him from doing any thing more.
Cross-examined. Q. He was very wild and furious, was he not? A. He looked so—it took about half a dozen people to secure him.
MARY HARE . I am the prisoner's niece, and am twenty-four years of age—I saw my uncle coming up the yard, but did not know at first that it was him—I saw him tear and fly about the place, and a great cluster of people about—I went in doors, and called my husband, who went and saw it was my uncle—he came back and told me—I went out, and found him in custody, and a great many people kicking him—I did not see the girl or any thing done to her.
Cross-examined. Q. Do you not know that your uncle has been confined in a lunatic asylum? A. Yes, Miles's lunatic asylum, Hoxton—he came out about eight months since—he has at times been subject to fits of insanity—he behaved very wildly, and furiously, so as to make the persons about him alarmed for their safety—I have not seen him above once or twice since he came out of the asylum—I saw him after that ill at his own house, I think with brain fever—I went and sat up with him, when he was in bed, one or two nights—I think that is about five or six months ago—he was about a fortnight or three weeks in the asylum—he was taken first to Whitechapel workhouse for a week or fortnight, and was sent from there to the asylum—I was present when he was before the Magistrate—he was very bad there at first—he did not know me when I first saw him—he talked a great deal of nonsense which the Magistrate endeavoured to stop.
JOHN KERSEY ( police-constable K 112.) On Thursday, the 26th of Oct., the prisoner was brought to the station—I directed a constable to go to the hospital to inquire how the little girl was—the prisoner said, "If she is not dead she will die"—I said, "How do you know that?"—he replied, "Because I have dispatched her"—I produce the fender.
SAMUEL WOOD (police-constable K 70.) On Thursday morning, the 26th of Oct., from eight till half-past eight o'clock, I was called into Hare's house, and found the prisoner there—he had nearly shifted his linen—I did not see what he took off—I told him I had come to take him into custody for illtreating the little girl—he said it was not he that did it, it was God did it, and that fire came down from heaven that morning—he said that the Royal family were all dead, Prince Albert and all, and that we were all gentlemen—he walked very fast from the place where I took him at first, then slackened his pace, turned round with a wild look, and still kept repeating the same words as he had done.
Cross-examined. Q. Did you not think his conduct very extraordinary? A. He acted I thought more like a madman, than a man in his senses.
CHARLES THOMAS BLACKVAN . I attended the girl in the hospital—she was in great danger, and remained insensible for about two days—I found one extensive wound, a cut, on the top of the head, and several contused wounds—the bleeding was only from the cut—that wound was from an inch to an inch and a half in length—she had concussion of the brain, the effect of the blows, and contusions on each side of the face, so that she oould scarcely see out of one eye, and not at all out of the other—she was very much beaten.
Cross-examined. Q. Is causeless violence one of the symptoms of insanity? A. I should say so—I have had very little knowledge of cases of
insanity—if he had no object in view in thus injuring the girl I should say it would indicate insanity—brain fever hat been known to induce insanity—I have not heard the evidence to-day—I heard what was stated before the Magistrate.
Witnesses for the Defence.
CHARLES BETTELL , copper-plate printer, Great Chichester-place, South-wark-bridge-road. I have known the prisoner fifteen years, and have been a great deal in his company, I never saw him in a fit of insanity, more than other men if be got a drop too much—I have heard that he was confined in a lunatic asylum about eight months ago—I have found him a harmless inoffensive man—I never found him to be guilty of any fits of insanity before.
JOSEPH WARRIOR , wire-work, and cage-maker, No. 14, London-road. I have known the prisoner from a child—I knew of hit being in a lunatic asylum—I think he has at times been subject to fits of insanity—sometimes I have thought him so—he has been at times rational, and in a very few minutes afterwards he has broken out talking about kings and queens, and all manner of foolish nonsense—I cannot exactly say in what way, for I have heard him so many times go on in that foolish way, that I took no notice of it at times.
COURT. Q. How does he get his living? A. I believe by buying and selling birds, and going about and catching them—I never knew him in any other way.
HENRY OVENS , stone-mason, No. 10, Little White Lion-street, Sevendials. I have known the prisoner for the last ten or twelve years—I always found him a very generous, humane, kind hearted man—I never knew him subject to fits of insanity, or ever heard of his being in a lunatic asylum.
GUILTY on the 3rd Count. Aged 40.— Confined Twelve Months.
First Jury, before Mr. Common Sergeant.
GUILTY . Aged 45.— Confined Nine Months.
(The prisoner received a good character.)
GEORGE POLLOCK . I am house surgeon, at St. George's Hospital. On the 15th of Oct., at nine o'clock in the evening, I was called to a person named Hugh Riley, who had been brought into the hospital—his body was paralyzed—he continued under my care until the morning of the 28th, when he died—I examined the body, and found a fracture of the bones of the neck—the neck had been broken—it was impossible to say how it had been caused—it would be most likely from (he spine being doubled as it were, body bending on the head—a fall down stairs might occasion it.
Cross-examined by MR. CLARKSON. Q. Did it not strike you as extraordinary that he should have lived so long, if the cause of it had occurred a fortnight before? A. No—the period of living depends more upon the injury done to the spinal chord than the fracture—the pith of the spinal chord was slightly bruised—the neck was only broken in one place—the spinal column is formed of several bones—two of those bones were broken, but obliquely, so that the fracture ran across—I have met with such cases before—I exammed the fissure
of the broken bones—it appeared to be quite recent—there was no union formed between the fractured parts, which would be the natural consequence after a month.
COURT. Q. Then how long before the 15th, should you think he had received the injury which caused his death? A. Not many hours.
JOHN WARDLE , of Angel-court, King-street, St. James's. I knew Hugh Riley, the deceased—he lived in the house I did—on Saturday night, the 16th, I came home between three and four minutes before twelve o'clock—I went into the Golden Lion a few minutes before twelve, for some beer for supper, and saw deceased there rather tipsy—I came out, and followed him—he went up stairs to the room he lived in, on the second floor—I went into my own room—I heard the door closed after him—in three or four minutes I heard some words between the prisoner and the deceased—in the course of five or six minutes I heard a scuffle between them—the room door then opened, and I heard something fall down stairs—I went down, and found the deceased lying at the bottom of the second floor flight of stairs, his feet being on the first floor landing—he was drunk—he had nothing on but his trowsers and shirt—his drawers were about his feet—I did not see anybody scuffle with him—I did not see the prisoner scuffling—I knew both by their voices—I heard their voices when I heard them scuffling—I asked Mr. Marsden for his trowsers, and put them on—the deceased exclaimed," Oh, my God, my neck is broken"—the prisoner was on the landing, and must have heard it—I put his trowsers on, took him up stairs, laid him on the bed, left him, and went to my own room—I was called to him next morning between eight and nine—he was in a very filthy state at that time.
Cross-examined by MR. CLARKSON. Q. When did this occur? A. Between twelve and one o'clock on the 15th of Oct.—he went into the hospital on the Sunday evening—I was not present when he was taken away—I heard words between the deceased and the prisoner—I cannot say that I heard any thing distinctly between them—I heard a bit of a scuffling, and something fall down stairs—I carried him up stairs—there was a bit of a scratch on the right side of his nose—whether he got that before he came home I cannot tell—I saw excrement on the floor of his room next morning—it was not there at night.
WILLIAM HENRY RALPH . I knew the deceased, Hugh Riley—I called at the hospital about four o'clock on the Tuesday afternoon after he was taken there—he was lying on his back, very ill—I asked him how it happened—he said it was a bad job; he did not think he should get over it, he thought he should not be able to come out of the hospital again—he seemed in a very precarious state—I think he told me what he did, under the belief that he was about to die—I asked him how it happened—he said he went home on Saturday night, and paid his landlady, Mr. Marsden, for his week's lodging, and he gave her half-a-crown—she said, "Are not you going to pay anything off the back rent, for you know it is so much"—he said it was not so much—that a conversation took place about the money—he said that Mr. Marsden said he owed so much, and there were some words arose about it, and they were quarrelling about this back rent; that Marsden came in at the time, and he said to Marsden, "Old chap, why a'nt you here before; "that they went on, and Marsden told him to hold his tongue; he did not hold his tongue, and Marsden called him a d—d old soldier—I saw him repeatedly afterwards—he blamed his death more to the wife than to the prisoner.
ROBERT SMARR . I lodged in the same room as the deceased. It was turned twelve o'clock when I came home on this night—Marsden was in the same room—he was not sober—the deceased was very drunk indeed—I was there when he came into Marsden's room—Mr. Marsden began at him something
respecting the lodging money—she said he had not been home, and she could not get to market on that account—he said he would give her half-a-crown if she would give him sixpence—she did so, and then said she was a fool not to have kept the half-crown while she had it, as he then owed her 18s. 9d. or 19s. 6d., I do not know which—he called her a b----y w----e—she persisted that he did owe her the money—he called her a w----e again—Marsden then got up, and said he would have no such language as that in his house—he persisted in using very offensive language—Marsden got up, went into the room, and brought him out by the back, thrust him out of the room, opened the door, and put him out—he was coming in at the door again, and he gave him a push with the back of his hand, and he fell down stairs—it was not more violent than was necessary to keep him out of the room—I heard him tumble—I cannot say whether he fell all the way down—it appeared as if he did—Marsden closed the door as soon as he went down—I saw him brought up by Wardle—he appeared to be in a very bad state—I thought it was liquor that made him so bad—he cried out something—I cannot remember what.
Cross-examined. Q. I believe the staircase or landing is about two feet six inches wide, or thereabouts? A. I should say two feet six inches, or three feet, not more—the abuse commenced by the deceased calling Mr. Marsden, in her husband's hearing, a b----y w----e, two or three times, and then Marsden said he would not suffer that language to be used in his room—he said that before he went into the deceased's room—the deceased did not come into Marsden's room—Marsden fetched him out of his bed-room, and put him out at the door, on to the landing, without hurting him at all merely to put him out; but he was not in a fit state to be put out at that time of night—they were both in liquor—the prisoner occupied two rooms on that floor, one of which he let to the deceased—the deceased, Marsden, and I, all lodged in that room—the prisoner, with his wife, lived in one room—the deceased was in his own room—Marsden came out of his own room into the deceased's room, and pulled him out of his own room through his, on to the landing.
JAMES HARDGRAVE . I live in the same room with the deceased. I heard Mr. Marsden and the deceased wrangling—I afterwards saw Marsden go into the deceased's room, and strike him—they still kept swearing at one another, and he went into his room again, and carried him out of the door in front of him—he was going into his room again, and then he pushed him out—soon after that he was brought up, and I heard him go into his room again, and Marsden said, if he had not had enough, he would pitch him out of the window.
Cross-examined. Q. Did you hear Marsden tell him, when he used abusive language to his wife, that if he would consent to go away he would forgive him all his back rent? A. Yes—he said if he would leave the place he would forgive him all he owed him—I believe that was at the time he was abusing his wife—when he pushed him the seeond time he was in his own room, and Marsden in his, and Marsden went into his room, and said he should not stop at the house if he kept nsing that abusive language—he took him and put him out on the landing—he was coming back into the room, when Marsden laid hold of the door with one hand, and pushed him with the other.
Cross-examined. Q. Did you assist in carrying him to the hospital? A. Yes—we had the misfortune to let him fall down five stain—he screamed out very loud after he fell—I did not exactly see where he was hurt—my arms
were round his waist—his brother-in-law held his legs—there was no banister on the stairs—he fell with great force—his brother-in-law's foot slipped—he struck his head on the step of the street door—he groaned very much.
NOT GUILTY .
46. RICHARD ELCOMB was indicted for breaking and entering the dwelling-house of William Parr, at St. Mary Abbot's, Kensington, and stealing therein, 1 watch, value 17s.; 2 pairs of trowsers, 3s.; 1 jacket, 8s.; 1 waistcoat, 2s.; 1 hat, 2s.; and 2 handkerchiefs, 3s.; the goods of George Wheeler; and that he had been before convicted of felony.
GEORGE WHEELER (labourer.) I live near the Warwick Arms, Kensington. The prisoner is my brother-in-law—my house is in the parish of St. Mary Abbot's, Kensington—on the 1st of Nov. I left home about five o'clock in the morning—I pulled the door to—it was locked, and all safe—I do not know about the window—I came home at night—the door was then burst open—I saw no marks of violence on it—I missed the articles stated out of a drawer—they were there when I left home that morning—these things now produced are all mine.
Prisoner. It is false, I never saw him before.
ISAAC RUSSELL . On Friday the prisoner came and asked if I would lend him an old pair of trowsers, and take his to pawn, and I should have the ticket—he gave me this pair—I gave them to the constable.
WILLIAM MASLAND (pawnbroker, Westminster-road.) I took this watch in pledge of Davis on the 1st of Nov.—it was in my possession about six or seven days, after which time the prisoner's sister came to me—I gave information, by which he was apprehended.
Prisoner. Q. Did you see me with it? A. I never saw you in my life.
Prisoner's Defence. I was at work when the robbery was committed; I did not give the trowsers to anybody; I know nothing about the watch, I never had it in my possession, and never saw it in my life.
GUILTY . Aged 18.— Transported for Ten Years.
JOHN GREENHILL (butcher.) The prisoner was my servant—it was his duty to pay me all the money he received on my account the same day he received it—if he received 4s. from Sarah Greenhill on the 11th of Nov. for a leg of mutton, he has not paid me.
Cross-examined by MR. BALLANTINE. Q. Did he receive much money for you at different times? A. I only engaged him on the 9th—this happened on the 11th—I gave him into custody on the 15th—he said on Sunday morning it was no use telling any lies about it, for he had been paid part, 4s., and they would pay the other 4d. when they came up town—I did not tell him he must pay me out of his wages—I did not deduct 2s. out of his wages—I never had any opportunity—I never paid him any wages—I owe him 2s., one week's wages—I had not told him when he first came into my service when he was to account to me—on the Saturday I asked him if he had been paid—he said, "No"—he was out with me on the Sunday, and then told me he
had received it—it was my mother he had received it from—I did not agree to let him work it off.
NOT GUILTY .
ROBERT RODERICK FRASER , M. D., Duke-street, Manchester-street. On Thursday evening the 2nd of Nov., about seven o'clock, I was walking with a gentleman, on the north side of Covent-garden—I put my hand into my pocket, and my handkerchief was gone—I had seen it safe on leaving my house—this now produced is it.
Cross-examined by MR. BALLANTINE. Q. Is there any mark? A. My initials are on it.
WILLIAM WEST (police-constable F 106.) I saw the prisoners in St. Martin's-lane, followed them into New-street, and saw them both following a gentleman and lady, who were walking arm in arm—Smith went up, felt outside his pocket, and instantly turned back again—I followed them into King-street, and then saw them following the prosecutor, who was arm in arm with another gentleman—Smith laid hold of the tails of his coat—Johnson waa close behind—I was on the opposite side—about twenty people were assembled round Home music; in consequence of which, I could not see whether he took anything out or not; but as he suddenly left, I concluded he had picked his pocket—I ran across, and asked the gentleman if he had lost anything, then went after the prisoners, found them both in the Cock and Bottle public-house, Bedfordbury, and in Johnson's hat I found this-handkerchief.
Cross-examined. Q. You had an opportunity of observing all they did from being behind them? A. Yes—I took care not to let them see me—I was in the public-house before they came in—there were two more people there—I did not see the prisoners go into the public-house—I was in the house first—I followed them into the tap-room—I had half a pint of porter at the bar, and as soon as I got it they came in behind me—I suspected they would go there—this was about twenty minutes after the robbery.
MR. BALLANTINE. Q. Are you sure of that? A. Yes—it was in this Court—I do not know who the Judge was—there was a former conviction against him then—I do not know whether it was in this Court or the other—it was in the Old Court—this is the Old Court, I believe it was in this Court, it was in the evening—I am sure of that—it was after five o'clock—I do not know who before—I have been in the force about four years—this was the first case I had.
Q. Do you recollect anything about this person's face, at all, on your oath? A. Why, it is some time back—I recollect his face so as to swear positively to him—Mr. Thomas Peters was the prosecutor—he is a law-stationer, I believe—I should know him again—I will swear the prisoner was tried in this Court—(Upon reference to the Sessions Paper it appeared that John Eager was tried in the morning, and in the New Court.)
SMITH*— GUILTY. Aged 18.—Of the larceny, but not of the previous conviction .— Transported for Seven Years .
JOHNSON— GUILTY . Aged 30.— Confined Six Months.
49. ELIZABETH SUGDEN, JANE SUGDEN , and AMELIA SUGDEN were indicted for stealing 3 blankets, value 10s.; 1 looking-glass and stand, 7s.; 2 sheets, 4s.; 1 carpet, 9s.; 2 pillows, 3s.; 1 bolster, 3s.; 40lbs. weight of feathers, 30s.; set of fire-irons, 4s.; and 2 yards of baize, 1s. 6d. the goods of James Paraton.
ELLEN PARATON . I am the wife of James Paraton, of Old Gloucester-street, Hoxton. In Jan. last Elizabeth Sugden came to our house and took a furnished room for her two daughters—they came on the Saturday—the articles stated were in the room—Elizabeth used to come to see them every morning, and go away of an evening—on the 18th of Oct., they left without giving notice—on Saturday, the 21st, I searched the room with a policeman—nobody had been in the room in the meantime—they had taken away the key—the policeman fetched a bunch of keys, and one of them opened the door—I went in, and missed the things stated—I did not see them again till I saw Elizabeth Sugden with the policeman—these feathers and blankets (produced) are mine, but not the ticking—this looking-glass is the property of my husband—I always believed the prisoners Jane and Amelia to be very industrious, working all day, and very often all night—I think they were distressed.
HENRY WILLIAM DUBOIS (policeman.) I examined the room with Mr. Paraton, who missed a great numberof articles—I found fifteen duplicates in a drawer—I went to the different pawnbrokers, and found the articles produced—I told Elizabeth I took her into custody for a robbery at Mr. Paraton's, in Old Gloucester-street, Hoxton—the said, "They were not my lodgings, they were my daughter's.
Elizabeth Sugden's Defence. My daughters wished me to pledge them till they got some money; I pledged them for them, and gave them the money.
ELIZABETH SUGDEN— GUILTY . Aged 52.— Confined Four Months.
JANE and AMELIA— NOT GUILTY .
ROBERT JOHN ARTIS , of Windmill-street, Finsbury. On the 6th of Nov., about four o'clock, I was in my back parlour, heard a noise, went into the shop, and saw the prisoner just at the end of the counter, going out—the till was half open, and no money in it—I had seen it safe with 3l. 8s. in it half an hour before—I missed two half-sovereigns, three half-crowns, and four shillings—I went to my shop door, and saw the prisoner and another standing at my neighbour's window—they ran away—I ran after them for about ten minutes, through several different streets—one went one way, and one another—I could not catch them—the prisoner was stopped just before I got up to him—I took him,
Prisoner. It was Guy Fawkes's-day—I was running to see a Guy Fawkes, and the gentleman came to the door. Witness. There was no Guy Fawkes—there was no one outside the shop—I am sure you are the boy—I did not take you into custody when you were at the door, because I went back to see if the till was safe, and when I came out again you were gone.
Prisoner's Defence. I was not in the shop; I was standing by myself against the door.
NOT GUILTY .
JANE GROVES . I am the wife of William Groves—the prisoner was our errand-boy. On the 28th of Oct., about five o'clock in the afternoon, I gave him a half-sovereign to get change—he did not return—I saw no more of him.
Prisoner's Defence. I was going to get change, and fell down; the half-sovereign fell out of my hand; I did not like to come back.
GUILTY . Aged 19.— Transported for Seven Years.
OLD COURT.—Friday, November 30th, 1843.
Third Jury, before Edward Bullock, Esq.
GUILTY . Aged 16.— Confined Four Months.
ALBERT TAPPY . I am a carver and gilder and live at No. 85, Crawford-street, Marylebone. I am in partnership with ray brother—we have one apartment there—it is the house of William or Edward Harris—the prisoner is my brother, and has been in our service—we had four oil paintings, framed, in our room, and two pieces of stair carpet—I saw them about half-past ten o'clock, when I had finished hanging them up, and again about half-past twelve at night when I left, the carpet was rolled up, I cannot say within a week when I had seen that—I missed the pictures next morning, about eight o'clock.
JOHN BOOKER , shopman to Mr. Neal, pawnbroker, Duke-street, Manchester-street. I produce four pictures and two pieces of stair carpeting, pledged by the prisoner in the name of Frederick French, for his brother.
WILLIAM BEECHY (police-constable D 158.) On the 19th pf Nov. between twelve and one o'clock at night, I took the prisoner into custody. I told him I wanted him to go with me to the station—he asked, "What for?"—I said I believed it was for robbing his brother—he said, "Oh, I know now; I will have my revenge."
GUILTY. of stealing only. Aged 24.—Recommended to mercy.— Transported for Seven Years.
JOSEPH TEALBY . I am footman to Joshua Wigley, Bateman, of Albany-road, St. John's-wood, Marylebone. It is his house—on the 18th of Nov. I left my pantry to go to dinner, leaving the window about three inches open,
about one o'clock in the day—I left the silver tea-pot and sugar-basin in the cupboard—I locked the cupboard-door, left the key in it, and left the pantry door open—I went to the pantry again in about an hour, and found the door shut, but the closet-door wide open, and so was the window, which opened into the garden—I fbund the prisoner with the tea-pot and sugar-basin tied in a handkerchief on the window-ledge—I got out of the area window after him he ran up the area steps—I followed him about 200 yards, and did not lose sight of him—I stopped him, and asked what he had got—he said, Nothing, I might search him if I liked—I held him till the policeman came, and then went to get the tea-pot and basin from the window-cill, where he bad left them, but they were entirely gone, and I missed them from the cupboard—I am sure those I left on the window-ledge were my master's.
EDWARD HOWLAND (policeman.) I was on duty in Albany-road, and heard a cry of "Police," I ran up, and found the prisoner in custody—I took him back to the house—the tea-pot and basin have not been found.
Prisoner's Defence. The young man came, and asked if I had got any thing; I said "No," and he held me. I was not within ten yards of the house.
GUILTY . Aged 16.— Transported for Ten Years.
WILLIAM THOMPSON . I belong to Newcastle. At twelve o'clock on 13th Nov. I was going on board my ship, and met the prisoners together in Glasshouse-lane—I was quite sober—Lynch invited me to go with her—I stood talking to them about a minute, and Lynch grasped hold of my watch, which was in my fob, broke the guard, and ran away with it—they both ran away—I ran and caught Lynch, and held her till the policeman came—the watch and handkerchief produced are mine.
Lynch. He gave me 6d. Witness. I had no money, and gave her none.
WILLIAM BROOKS (policeman.) I heard a call of "Police," and found the prosecutor with the prisoners. He had hold of Lynch, and gave her in charge for stealing his watch—I asked her where it was—she said she knew nothing about it; that he gave her 6d. to go up the street with her—I gave her to another officer, and followed Cook, who had escaped, and when about fifteen yards from her, I'saw her stoop down on the step of a door—I secured her, and asked what she had put down there—she said, nothing; she was merely tying her garter—I found the watch and handkerchief there.
Lynch's Defence. He took me up the street, and offered me 2s., but only gave me 6d. I would not go with him: he collared me and hit me.
Cook's Defence. I went up, seeing him strike Lynch. I said, "What are you doing;" he said, "Mind your own business;" he behaved in an indecent manner.
LYNCH— GUILTY . Aged 18.
COOK— GUILTY . Aged 18.
Confined Six Months.
Before Mr. Baron Parke.
56. CHARLES ROSENBERG was indicted for stealing 15 printed books, value 19l.; 1 ring-holder, 4l.; 1 chimney-ornament, 2l.; 1 work-box, 15l.; 1 clock, 4l.; 2 boxes, 5l. 5s.; 1 sugar-basin, 3l.; 1 dressing-case, 6l.; 1 ink-stand and pen-rest, 1l.; 1 pastile-burner, 1l.; 1 candlestick, 1l.; and 1 blotting-case, 1l.; the goods of Alexander Victor Phillipe Bohain.
MR. BODKIN, on the part of the prosecution, offered no evidence.
NOT GUILTY .
Before Lord Chief Justice Denman.
57. JEREMIAH CAYLOR and HENRY HARVEY were indicted for burglariously breaking and entering the dwelling-house of George Knapp, about two o'clock in the night of the 14th of Oct., at St. James, Clerkenwell, with intent to steal, and stealing therein, 38 watches, value 117l.; and 27 rings, 3l.; his goods; and feloniously striking, beating, and wounding him in the said dwelling-house.—2nd COUNT, not alleging the striking.
MR. DOANE conducted the Prosecution.
GEORGE KNAPP . I live in High-street, in the parish of St. James, Clerkenwell—it is my dwelling-house. On Saturday night, the 15th of Oct., I went to bed about one o'clock—I was the last person up—the premises were all safe—I saw that the back parlour window was shut in the ordinary way—about twenty minutes after one I heard a noise below, but did not go down at first, thinking it might be the cat—I heard it frequently—I slept on the second floor—I ultimately came down about an hour after I had gone to bed—I came into the passage—I could then see into the shop—I saw a light there—I had left no light there—I saw the two prisoners in the shop—Caylor had a candle in his hand, and Harvey was standing at his side by the window, at a glass case, which was open, and which contained watches, rings, and plate—they had their backs to me, and did not see me—I walked into the shop, went up to them, and said, "Hallo, thieves!"—upon that they turned round, and I saw them both very distinctly—the light almost immediately went out—I was on the side of the counter on which customers stand—Harvey was on the other side, and he ran on the opposite side to where I was, made his way into the parlour, which is on the same floor, and was gone—he did nothing to me—Caylor was going in the same direction, but on the side of the counter on which I was—I put ray arms out and stopped him—he caught hold of ray throat with his hands, and said, "D—n you, let me go, or I will knock your b—y life out"—I only had on my stockings, trowsers, and slippers—I held him as well as I could, but he threw me down—I still held him, and we rolled over—we both got up again—I was obliged to let go of him while I got up, but as soon as I got up I was on him again—we again struggled, and I was again thrown down—he kicked my leg, and bit mo just under my ear—I bled very much, more from the throat, from his nails, than any when else, and I was very much bruised and cut about the face—we struggled for a long time—at last he succeeded in getting to the baek parlour window, which was open—he threw me down, and, while I was getting up, he was getting out of the winwindow—as he was on his hands and knees doing so, I caught hold of his leg, which caused him to fall back—he seemed to support himself somehow with his legs across the window-cill, and I, being very much exhausted from the severe bruises I had had previously, could not hold him well with both legs, so I held him by one, and with the other he kicked me in the face, chest, and about the head, a good many times, till at last I fell on the parlour carpet, and he fell on the stones in the yard—as soon as I could recover, I jumped out, pursued him, and got hold of him again in the yard—we then struggled again, and he threw me two or three times—he ultimately got on the dust-hole, which is about three feet and a half high, and has a tree by the side of it—I caught hold of him by one leg, and with the other he kicked me, about the head and body till I fell—his legs wen then released from my grasp—he got upon the wash-house, and then on the kitchen—at that moment a policeman came, and shortly after he was taken—there is a water-butt in the next yard—both the prisoners had hats on when I came into the shop—a piece of candle, and some lucifer-matches were afterwards found in the shop—I saw
the policeman find thirty-eight gold, silver, and metal watches, and twenty-seven or twenty-eight rings, on the floor close against the back-parlour window, to the value of 120l.
Cross-examined by MR. PAYNE. Q. When you saw Harvey afterwards at the station, did you know him again? A. He was lying on the floor on a stretcher, and I could scarcely see him, I was so insensible, having been so severely beat, that I can scarcely tell what I said—I recognized him the next time I saw him—I swear he is one of the persons I saw in the shop—I saw him between one and two minutes in the shop.
ELIZA NOON . I am the prosecutor's servant. On the night of the 15th of Oct. I shut the back-parlour window, and put the shutters to—I am not certain whether I fastened the window or not, but I shut it down—mistress awoke me in the night—in consequence of what I heard, I went to the back window up stairs—I saw Caylor on the dust-bin, and saw him kick my master with his foot—I afterwards saw him get away—I heard a splash after he disappeared—the same morning, when it was light, I saw that some of the wood-work of the window had been removed—that was not so when I had shut it.
ARTHUR PASCO (police-constable N 141.) In consequence of hearing a rattle spring I went to Mr. Knapp's house—I went in at the shop door, and saw Mr. Knapp standing in the back yard, bleeding—I went through the window to him in the yard—I saw Caylor on the roof of a low out-house—he turned and looked at me, and I saw his face—he had no hat on—he then appeared to go over on the other side, as if going into the adjoining yard—I momentarily left the yard, ran round with another constable, and had the place surrounded—I then went up to the roof, and found Caylor in the custody of Window.
EDWARD WINDOW (police-constable N 385.) On the night in question I was on duty in Montague-place, about 250 yards from the prosecutor's, and, between twelve and one o'clock, I saw the prisoner—I knew Caylor before—I requested them to walk on—they went in the direction of Mr. Knapp's, house—I lost sight of them at the end of Pullen's-row, which is within 120 yards of Mr. Knapp's—about a quater after two I heard a cry out, in cnsequence of which I went into Field-court, at the back of Mr. Knapp's—I saw Harvey in Tyler's custody—I went into Field-court, at the back of Mr. Knapp's, and heard the noise as of something falling into water—I got on the top of an out-house, got on the next house, and there found Caylor lying on his side—he prentended to be asleep at first—I awoke him, and he pretended to be drunk—I afterwards saw him at the station—he there pretended to be drunk for a little while, and then left off—he was wet, as if he had been in the water-butt.
Cross-examined by MR. PAYNE. Q. Are you sure it was Harvey you saw with Caylor? A. Yes; I saw them together for about five miniutes—I was on the same side of the way.
Cross-examined by MR. WILDE. Q. Was it in a public highway where you first saw them? A. Montague-place is a public highway, but not a through-fare for carriages.
THOMAS TYLER (police-constable N 275.) I was on duty, about two o'clock on this Sunday morning, in the Islington road, and heard a cry of "Murder" proceeding from Mr. Knapp's house—I went to the back, and saw Harvey on the top of a house at the back of Mr. Knapp's premises—he jumped down, then limped across the road, and laid underneath a shop window I went up to him, and pulled him out, and he said, "I am stabbed"—I got him up at last, and searched him—it turned out afterwards that his leg was
broken—I searched him on the spot, and In his waistcoat pocket found part of a box of lucifer matches and this gimlet, and in his coat pocket this crowbar—I afterwards went to Mr. Knapp's, and examined the back parlour window—I found this part of the sash, which I produce, broken off—there are marks on it which correspond with this crow-bar—at the station Caylor said that he wore a cap, not a hat—a hat was brought there from Mr. Knapp's house, which he said did not belong to him.
Cross-examined by MR. PAYNE. Q. Where was it you first saw Harvey? A. On the top of a house in White Lion-street—I was then six or seven yards from him, or it might be more—I saw him jump off the house—he instantly got up, hopped across the road, and laid under a shop window—I pulled him out, kneeled on him, and would not let him get up—he did not tell me at first that he had broken his leg—when he did, I put him on a stretcher, and had him conveyed to the station—he has since been in the hospital.
HASTINGS MOORS (police-constable N 29.) I went into Mr. Knapp's shop after the alarm, and found thirty-eight watches and twenty-seven rings on the floor—some were lying in a handkerchief—I also found this hat.
GEORGE THATCHER (police-inspector.) I was on duty on this occasion. Caylor's trowsers were wet—I produce some of the tickets of the watches—some of them were bloody, and Caylor's hands were also bloody—I found the fastening of the back parlour window off—I compared this gimlet with some marks on the glass case, and they exactly corresponded.
CAYLOR— GUILTY . Aged 22.— Death recorded.
HARVEY— GUILTY of the burglary without violence . Aged 26.
Transported for Ten Years.
Before Mr. Baron Parke.
58. MARGARET ELIZA COLLACOTT was indicted for feloniously assaulting Henry Pearson, and cutting and wounding him in his left breast, with intent to murder him.—Two other COUNTS, stating her intent to be to disable and do him some grievous bodily harm.
MR. HORRY conducted the Prosecution.
HENRY PEARSON , beer-shop keeper, Praed-street, Paddington. I have known the prisoner some years—she once lived with me, but I broke off the connexion about two years since—I have frequently seen her since—on the 7th of Nov., about eight o'clock in the evening, a little boy came in twice, and said, that a person named Pink wanted to speak to me outside—I said, I could not come out—about five minutes after the prisoner came in, and sat in a box opposite the bar, and had a glass of porter which my housekeeper supplied her with—she remained there a few minutes, and drank about half her porter—I was standing behind the bar—she said she wanted to ask me a question, and asked me to come round, and speak to her—I said she might as well ask the question there, and I would answer it—she then went out, returned in about five or six minutes, and seated herself in the same box again—she asked me again to come and speak to her as she wanted to ask me a question—I declined to go out—she then came and stood at the bar door for a few minutes, and asked me about a person named Saunders who she had once met in my house—I said I could give her no information about him—I had occasion to go into the parlour to do which I passed her, and left her standing in front of the bar, close to the parlour door—I came out again in about two minutes—she met me at the door, and struck me about an inch and a half below the left breast—I felt the blow on my ribs, found I was stabbed, and called out, "I am stabbed"—I did not observe what
I was stabbed with, but saw a knife drop on the floor—apparently from the prisoner—I examined myself two or three minutes after, and found I was slightly wounded, and saw blood running down from the place where I had been struck—I did not consider it necessary to send for a surgeon—when I called out that I was stabbed, the prisoner said she had stabbed me, and she wished it had gone into my heart, and said, "Fetch a policeman for me, and a surgeon for Mr. Pearson"—I had not had any quarrel with her lately—we never quarrelled particularly—it is about three months since we had any words.
Prisoner. When I came to your house it was my downfall—I sent twice to you merely to ask a civil question, but you would not come out—I have known you ten years, gone through every hardship, and forsaken friends and everything for you—I came in, and called for a glass of porter—I sat down immediately—there was another woman there, and she jeered and laughed at me. Witness. I did not observe that—you asked me to allow the child to come to you, and I would not—it was not your child—you said, "Send for a surgeon, Henry, and a policeman for me, for I deserve it."
JOHN LUTFORD , carman, No. 44, Praed-street, Paddington. On the evening, of the 7th of Nov., I was in the parlour at Pearson's house—I saw him come into the parlour, and as he was going out again I heard something of a whispering at the door, which was half open, and presently I heard him say he was stabbed—I immediately went to his assistance with several others—I saw the prisoner in front of the bar, and saw this penknife lying on the floor opposite the bar, about two yards from the parlour door—I picked it up—it was half closed—I asked if it was her knife—she said it was—I said, "Then you have stabbed him"—she said, "Yes I have, and I hope it has gone to his heart"—I saw Pearson's wound as he was examining it, and saw blood streaming from under his left breast—I fetched a policeman.
SAMUEL POWELL , cowkeeper and dairyman, No. 24, Hall-place, Paddington. On the evening of the 7th of Nov., I was in Pearson's parlour, and saw him come in—as he was going out of the door I heard him say, "Oh dear, I am stabbed"—I followed him into the bar, and saw Lutford pick up a knife—I saw the prisoner there, and assisted in holding her—she said she had stabbed him, and hoped it had gone to his heart—a policeman came in a few minutes after—the policeman asked her if the knife was hers—she said, "Yes, that is my knife, take it and keep it for me."
Cross-examined by MR. WILKINS. Q. How came you there? A. I went there to see a neighbour—I did not see the prisoner till after the stab was made.
MR. WILKINS to HENRY PEARSON. Q. How long had the prisoner lived with you? A. About five years altogether—she was a married woman—she came from her husband to me—I did not take her away—she wrote to me to grant her an interview, stating that she wished no money from me, but only to ask a civil question—I refused to meet her—there was another woman in the house when she called—she is my housekeeper—she may be living with me as my wife—she did not insult the prisoner—I swear that—I do not know that she said she had no business with me—I did not hear her—I will not swear she did not—the prisoner did not weep—I did not see her do so—I do not recollect her saying that she had abandoned every thing for me, and the least I could give her was civility, nor anything to that effect—the point of this penknife went into my rib—Powell and Phipps saw the wound—the prisoner did not say she hoped I would take it to heart—I swear that she said she hoped it had gone to my heart—when she first came in, she spoke civilly, and was civil for some time—nothing took place to provoke her—there were no angry words
on either tide—she became uncivil all at once, without any provocation—I am in the building line, as well as keeping a beer-shop—I have had no other ladies living with me—I am married—my wife is still living.
THOMAS PHIPPS , sawyer, William-street, Lisson-grove. About seven o'clock in the evening of the 7th of Nov., I was at Pearson's, in the next box to the prisoner, in front of the bar—she had a glass of porter before her, about three parts full—I heard her talking a little to Pearson, who wanted to shun her off, and have nothing to say to her—in a few minutes she went out, and returned in four or five minutes, sat down in the same place, and drank her beer—she then got up and said, "I want to speak to you, Mr. Pearson"—he said, "I do not want to have any conversation with you, what have you got to say?"—she said, "Are you afraid to speak to me?"—he said, "No, I am not afraid of you, or any one else"—he had occasion to go into the parlour to serve some customers, and as he came out again she met him, and her hand went to his breast—after that I saw a penknife half shut on the floor—I saw Lutford pick it up, and give it to the policeman—Pearson said, "Oh! I am stabbed"—we all got up—Lutford said to the prisoner, "You have stabbed him"—she said, "Yes, and I hope it has gone to his heart"—she also said if she was transported for fourteen years, and lived to come back again, she would serve him the same, and said, "Send for a surgeon for Mr. Pearson, and a policeman for me."
Cross-examined. Q. Did you see the wound? A. Yes, it was something of a scratch—Pearson's housekeeper was in the bar—I saw no child there—I am not very intimate with Pearson—I sometimes have my breakfast and dinner there, not often—sometimes I am there once or twice a day, and sometimes not above twice a-week.
THOMAS COWAN (police-constable D 206.) On the evening of the 7th of Nov. I was called into Pearson's, and took the prisoner—Lutford gave me this knife—the prisoner said, "I did stab him, and that is my knife, policeman, take it and keep it for me, it is the knife I stabbed Pearson with"—as I took her to the station, she said she had bought it for 5d., that she bought it with the intention of stabbing Pearson with it, and she was sorry she did not stab him to the heart, and kill him, that she would get transported or hanged for the same, but if only transported for this, when she returned she would do the same again—I know Mr. Rawlings, the Magistrate's, handwriting—I was present when the prisoner made a statement before him, which was taken down—I believe this to be his signature—I have seen him write many times—(read)—"The prisoner says, There were angry words between us; I wrote a note to him the other day, and he was to have met me at the bottom of Cumberland-street; I told him I did not wish to come to the house; I wanted nothing of him, and only wanted to see him for five minutes; he did not come, and I thought it most prudent to keep from the house, because he knew how my feelings were excited when I did go; last night I thought I would not go in, and I sent a little boy to say that Mr. Pink wished to see him, and he sent word back that Mr. Pink must come there; I sent word back, that Mr. Pink had a friend, and could not come; he sent a decided answer back, that he should not come out; I went in, and called for a glass of beer, and paid for it; I called a little boy to give him an apple, and they would not let him come, and I said, 'Henry, it is very bard, there is nothing poisonous about me.' I told him I had a question to put to him which I did not want her to hear, and he told me to tell it there, and she said he should not come out; and I said, 'Oh, you have that power over him, have you; it is more than I ever had, 'and with that she made a laugh, and I went to the bar door, and put one
question to him; I was that excited, and I went and bought the knife, and stabbed him with it, and I said, 'Bring a doctor for him, and a policeman for me.' "
GUILTY of an Assault. Aged 32. Confined Two Years.
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 37.— Confined Three Months.
GUILTY . Aged 37.— Confined Three Months.
61. JAMES BRADSHAW, JAMES BRADSHAW Jun., , MARY ANN REEVES , and SARAH BRADSHAW were indicted for burglariously breaking and entering the dwelling-house of Charles Hook, about one in the night of the 1st of Nov., with intent to steal, and stealing therein, 70 yards of woollen cloth, value 25l., his property.
MR. DOANE conducted the Prosecution.
CHARLES HOOK . I am a linendraper, and live at 141, St. John-st. West Smithfield. On the night of the 1st of Nov. I fastened up my shop-door and all my premises—it is my dwelling-house—I put the key of the shop in my pocket, and went to bed—next morning William Donoghue, my foreman, came to my bed-room for the keys—I gave them to him—in a minute or two after he returned, and made some communication—I went down, and found that my shop had been broken open—an entry bad been made at the shop-door—there were marks of violence on it—I missed from three shelves, some cloths, kerseymeres, and doeskins, which had been placed there the previous night, and two rolls of brown beaver and olive cloth from the counter, about seventy yards altogether, which were safe when I went to bed the night before—the lock of the shopdoor had been wrenched off, the shutter wrenched from its fastening, the screw gone, and a square of glass taken out—the door was to, and appeared as usual outside, but was only on the latch—in my judgment the breaking was decidedly from the outside—a portion of the beading beneath the shutter was broken away, and the part injured was daubed with mud—I saw some spots of tallow near the lower bolt on the floor—my desk, which was a fixture on the counter, was broken open, but I missed nothing from it—there were papers in it, and I saw spots of tallow on them—the value of all the property lost was about 25l.
Cross-examined by MR. BALLANTINE. Q. When did you afterwards see any part of the goods which you supposed to be yours? A. On the following Monday, the 6th—mine is a tally shop—I have not a very large stock.
WILLIAM DONOGHUE . I am the prosecutor's foreman, and live with him. I retired to bed before my master on this night—I got up about half-past six o'clock in the morning, and about ten minutes past seven I went to my master for the keys of the shop—I found the shop-door leading into the passage locked as usual—I unlocked it, and entered the shop—I missed a piece of cloth, and a piece of beaver from the counter, which I had put there the night before—I also missed cloth from three of the shelves, which I had seen the night before—I went and told my master, and informed the police—on Monday the 6th, about a quarter to two, I went to Mr. Attenborough, the pawnbroker's in Crown-street, Finsbury, and there saw about thirty-five yards of the cloth which bad been stolen—this now produced is it—there are six pieces—about an hour after, I went in company with Mr. Attenborough's shopman, my master, and Dewer, a policeman, to Bradshaw's house, No. 1, East-street,
Finsbury-market—I saw the elder male prisoner in the shop, it was a tailor's shop—he was asked where he got the cloths from, that he had sent to be pledged at Mr. Attenborough's—he said he had bought them by patterns of a man named Hodges, I understood, but am not confident, and something was said by him about taking us to the man—in about twenty minutes or half an hour young Bradshaw came down stairs, on being asked for—before he came the elder Bradshaw had repeated the same thing, that he had bought them, I do not know that he mentioned Hodges again—he said that patterns had been brought to him, and he bought them by those patterns—I think nothing was said in young Bradshaw's presence about these cloths—they were taken into custody, and taken to the station—the elder Bradshaw asked if any body owned the cloths—I said "I believe I do"—I swear positively to all these produced by Pawley being my master's property, and part of what was missing, except the piece of black which has been cut—we missed black of exactly such quality, appearance and dye—here are two pieces produced by Wentworth which are my master's, and part of what were missing—here are two yards and five-eights of list produced by Beaumont, which I believe to have been cut from the beaver, one of the six pieces I have spoken of—it corresponds in quantity as near as can be—there is about a trowser's length gone from one or two of the pieces—these small pieces of cloth produced by Dewer correspond exactly with some of the missing cloth, and also with some of those pieces which are produced.
Cross-examined by MR. BALLANTINE. Q. Does your master sell clothes in a made up state? A. Yes—he gets his cloth direct from wholesale houses in London, Mr. Vicat's in Wood-street, and Mr. Williams's in Aldermanbury, and not in any other way that I know of—the 1st of Nov. was the last time I saw these articles in my master's shop—I bought part of them on that day—I sleep on the premises—I went to bed about eleven o'clock—the act must have been committed after eleven.
COURT. Q. Could any thing have happened between half-past six and ten minutes after seven without your hearing it? A. I should say not—there were marks of tallow about the place, and the appearance of the use of candles—it was just getting light at six o'clock.
JOHN PAWLEY , shopman to Mr. Attenboro, pawnbroker, Crown-street, Finsbury. I produce six remnants of cloth and kerseymere pledged on the 2nd of Nov. by James Bradshaw, jun., for his father—I advanced altogether 10l. 19s—it was worth about 14l., or very likely not so much—there is about thirty odd yards, I do not know exactly—part is beaver, part broad-cloth, and part kerseymere—I bad been in the habit of taking in pledges of the elder Bradshaw for fifteen years—that was what induced me to advance money to the young man—it is very common to pledge in the cloth trade, particularly for tailors—on the next day the elder Bradshaw came to our shop to measure me for a pair of trowsers—I asked him if he was aware that his son had brought some cloth to pledge yesterday—he said yes, it belonged to a gentleman named Hodges, a master tailor, at Gravesend, whom he had worked for for years—in consequence of something told me by a fellow-shopman, on Monday morning, the 6th, I communicated something to the prosecutor—I went with him, his foreman, and a constable, to the Bradshaws'house—I said something to one of the Bradshaws, but forget what it was now.
Cross-examined by MR. BALLANTINE. Q. Are these the articles you speak to? A. Yes—the elder Bradshaw has pledged with us for a great number of years, and was always in the habit of redeeming—I have known him in the same neighbourhood for fifteen years, and have found his dealings honest and
correct—I have known the young man—he was constantly employed by his father to pawn things for him—the female prisoner is the mother—I have known her to pledge her own wearing apparel, but not lately—the younger Bradshaw made no concealment about these things being from his father—I believe I am quite correct as to what Mr. Bradshaw said about Mr. Hodges, but I may be mistaken as to whether he said he bought them, or brought them from Mr. Hodges—he said he was a tailor I believe, not that he told him he was a tailor—I know Mr. Hodges—he is still a tailor, at Gravesend—I have not been down there since this affair—I saw him outside the police-court—he was not examined—it was with reference to the whole of the cloth that he said it was from Mr. Hodges—part of it was pawned at one or two o'clock, and the remainder about five.
GEORGE DEWER (police-constable G 151.) On the 6th of Nov. I accompained the last three witnesses to Bradshaw's house—they were given into my custody—I told the elder Bradshaw I wanted him about some cloth that was pledged at Mr. Attenboro's by the younger prisoner, I understood—he said, yes, by his request—he said he bought the cloth, and paid for it, and it was his own property—I asked him if he could tell me who he bought it of—he said no he did not know the man or his name, he did not say where he lived—I afterwards looked about the shop, and found four pieces of cloth on the shopboard, which I have produced.
Cross-examined. Q. Did you go with Donoghue? A. Yes, he was with me all the while.
NICHOLAS WENTWORTH , shopman to Mr. Luff, pawnbroker, Crown-street, Finsbury.—I produce two remnants of doe-skin pledged at our shop on the 2nd of Nov., (I should say in the afternoon,) by the younger Bradshaw—three remnants were pledged on the 2nd of Nov., and on the 3rd one was fetched away, and the two remained for 1l. 15s—these are the two I produced this evening to Donoghue—the three pieces had been in for 2l. 10s.
Cross-examined. Q. Have they pawned with you before? A. Yes, and have been in the habit of redeeming—I have known them nearly three years as housekeepers, and living respectably.
THOMAS ELLIS (police-sergeant G 7.) On Monday afternoon, the 6th of Nov., the two Bradshaws were brought to the station, where I was on duty, charged with breaking and entering the dwelling-house of Mr. Hook, and stealing his cloth—I took the charge down in writing, and read it over to them—the elder prisoner said, "I told my son to pledge the cloth; I did not steal it, I bought it"—I asked if he could tell me the person's name he bought it of, or where he lived—he said he did not know his name, or where he lived—some time after, on the same afternoon, Sergeant Beaumont brought Reeves in custody to the station—Beaumont told me, in her presence, that he had stopped her coming from the male prisoner's house with a bundle containing a large number of duplicates and other things—she was told what she was taken for—she made no answer—about six o'clock, on the same afternoon, Beaumont brought in Sarah Bradshaw—she and Reeves were together then—I told them they were charged with being concerned with the male prisoners, in consequence of the duplicates having been found on Mary Ann Reeves, Sarah Bradshaw said, "That woman (meaning Reeves) is innocent; I gave her the bundle to take care of for me."
Cross-examined by MR. BALLANTINE. Q. Are you the sergeant of the division in which the prosecutor's house is? A. Yes, but not the same sub-division—I know the constables that were on duty on the night of the burglary—I cannot say how many there were that particular night—there is only one passes Mr. Hook's house on that side of the road, that I am aware of—there is one on the other side—I should say only one passed the house that night—the
number of times he passes the house backwards and forwards depends on the length of his beat—there is no policeman off that beat here—I have not examined the premises—it would be the duty of the policeman to pass the house every quarter of an hour or twenty minutes—no report has been made of persons lurking about that night, that I am aware of—inquiries have been made of the policemen if they saw any body, and they have not named anybody to my knowledge—it takes about a quarter of an hour or twenty minutes to go round a beat.
MR. DOANE. Q. It would not take long to wring off a lock, would it? A. No.
CHARLES BEAUMONT (police-sergeant G.) On the 6th of Nov., when the male prisoners were in custody, I watched Bradshaw's house—I saw Reeves go in and come out—I followed her into the market—she lives close by Bradshaw's—I stopped her, asked her what she had under her apron—she said, "Don't make a noise, if you will come in I will tell you"—I went just inside the door, and she gave me a bundle—I opened it in her house, which is twenty or thirty yards from Bradshaw's—I found two pieces of list, and 137 duplicates in it—some of them relate to the cloth claimed by the prosecutor—I asked how she became possessed of the bundle—she said Mr. Bradshaw lent for her, gave her the bundle, and told her to take them home, and take care of them until she wanted them—she had no bundle when she went in.
N. WENTWORTH re-examined. This other duplicate corresponds with the property pledged by the younger Bradshaw, which if two remnants of doeskin, for 1l. 15s.
NOT GUILTY .
MR. WILDE conducted the Prosecution.
STEPHEN PASKELL . I am servant at Bartholomew-lane. On the 22nd of Aug. our shop was entered—we found the front door on the latch, which I had left safe at nine o'clock—on rising in the morning we found a light burning in the counting-house.
HENRY JAMES HOUGHTON . I am the son of James Houghton—Paskell is a porter in his employ. On the 2nd of Aug. the warehouse was broken open—I remember my father having a silver oil-taster—I saw it within a week of the 2nd of Aug.—it used to be kept in a drawer in the counting-house—it has a crest on it—this is it.
Cross-examined by MR. BALLANTINE. Q. You know it again? A. Yes—it is a very uncommon thing.
NICHOLAS WENTWORTH , shopman to Mr. Luff, pawnbroker, Crown-street, Finsbury. On the 8th of Aug. I received this oil-taster in pledge from a little girl, named Mary Ann Bradshaw, in the name of Ann Bradshaw, and gave this duplicate for it.
CHARLES BEAUMONT (police-sergeant G 11.) On Monday, the 6th of Nov., I was watching Bradshaw's house, and saw Reeves come out—I stopped her—she gave me a bundle containing 137 duplicates, one of which relates to the oil taster.
said, "That woman" meaning Reeves, "is innocent—I gave her the bundle to take care of."
NOT GUILTY .—(See page 71.)
Upon which no evidence was offered.
NOT GUILTY .
OLD COURT.—Saturday, December 2nd, 1843.
Second Jury, before Edward Bullock, Esq.
GUILTY . Aged 30.— Transported for Seven Years.
GUILTY . Aged 15.— Confined Three Months.
66. FREDERICK CURNER was indicted for stealing 4 planes, value 10s., the goods of Robert Dobson; and 7 planes, 1l. 10s., the goods of Henry Hills; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 20.— Transported for Seven Years.
FREDERICK KENYON , linen-draper, 5, Newport-street, Soho. On the 28th of Nov. the prisoner came to my shop and asked for some gauze ribbons—she saw some, and then asked to look at some black silk neck handkerchiefs—another party showed them to her in my presence—I came down to show her some—she made several remarks about their not being good enough, and soon—I missed a piece consisting of five handkerchiefs—I looked about the counter, removed everything, and removed her away from the counter, but did not find it—I then told her I had missed some handkerchiefs, and asked if she had any objection to be searched—the said, "No," if I would send anybody to her house with her—I said there was no occasion for that, as my mother was in the house at the time, and asked her to go with me to my mother—on going from the counter I saw the handkerchiefs drop from under her shawl—the young man picked them up—I called a policeman, who came and took them—these are the handkerchiefs—they are the property of myself and mother—our mark is on them.
Prisoner. Q. Did you see me take it? A. No—it did not fall from the chair—when you got a few paces from the chair, a young lady in the shop said, "There is something on the floor"—I said, "They are the handkerchiefs"—you opened your shawl afterwards—I cannot exactly say they fell from your shawl, but I saw them fall from some part of your person, and they were quite warm when the policeman came—I was about two yards from you.
Prisoner's Defence. I went to purchase some ribbon, and then asked to look at some handkerchiefs; the prosecutor came and showed me some; there was a box on the counter, which was pushed about several times, and the handkerchiefs must have been accidentally pushed off; when he said he missed them, I said it was a very unpleasant thing, and would not leave the shop before they were found; I got up, and was going towards the parlour, and when
I got about four yards from the chair they were found on the floor; I said, "You must have been very stupid not to search more minutely before you accused me of it."
NOT GUILTY .
MARY FRIMLEY . My husband, John Frimley, keeps the Rainbow public-house, Liverpool-road, Islington. The prisoner was a week in our service—I had no character with her—on the 23rd of Nov. I missed these ear-rings from a looking-glass drawer, which was not locked—I had seen them safe the evening before—next morning I asked if she knew anything of them—she denied having them—she was dressing, and I found them in her pocket—these are them.
GUILTY . Aged 19.— Confined Two Months.
Before Lord Chief Justice Denman.
69. GEORGE BUTLER was indicted for feloniously and knowingly uttering, on the 2nd of Sept., an order for the payment of 5l., with intent to defraud John Thomas Smith; and that he had been before convicted of felony.
MR. WILKINS conducted the Prosecution.
JOHN THOMAS SMITH , green grocer, Mottram-street, Belgrave-square. On the 2nd of Sept. the prisoner called at my house—I knew him when he was in the service of Mr. Webster, of New Boswell-court, who is my solicitor—he called about eleven o'clock, and said he had some business of Mr. Webster's, in Hans-place; that he had come out of the office, and left his purse in the office, and asked me to let him have 1s. to pay for a stamp, if he got the money he was going for—about half-past five o'clock he called again, said he bad received the money for Mr. Webster, and showed me a cheque for 5l., on Child's, and one for 32l. odd, on Jones Loyd and Co.—he said he had got 2l. to pay away for a client of Mr. Webster, at Kensington, and asked me to let him have it, and he would leave the 5l. cheque with me—I did so—he said Mr. Webster would either send up on Monday morning, and take the cheque, or, if I was coming into the City, I might call, and receive the 2l. 1s—I produce the cheque—I have had it ever since—I presented it at Child's, but it was not paid—(the cheque was drawn payable to Mr. Webster, and signed "H. Tomlinson. ")
Prisoner. Q. Did not you say the cheque was of no value? A. I said it was of no use to any one but Mr. Webster, as it was not payable to bearer—I lent you the 2l. on it—I did not throw it aside, and say I would lend you 2l.
WILLIAM MAULE WEBSTER , solicitor, New Boswell-court. The prisoner was employed by me as clerk, and left me in March last—I never saw this cheque till I was before the Grand Jury—I have no client named H. Tomlinson—the prisoner was not authorised to receive money on my account from such a person at any time—I believe the cheque to be the prisoner's handwriting, simulated—it is not his usual writing.
Prisoner. Q. How did I conduct myself in your employ? A. He was active, attentive, and diligent—I was surprised to hear of this charge—he was about five months with me.
Prisoner's Defence. I did not forge the cheque; Mr. Smith lent me the 2l.; he threw the cheque aside, and said, "I will lend you the money, this is of no value, and if you call on Monday, and pay me the 2l., you may have it back again."
GUILTY . Aged 35.— Transported for Fifteeen Years.
(There were two other indictments against the prisoner.)
Before Mr. Justice Coltman.
70. JOHN SPILLER, JOHN POLLARD , and DANIEL HOLDEN were indicted for burglariously breaking and entering the dwelling-house of James Bostock, about three in the night of the 4th of Nov., with intent to steal, and stealing therein, 1 box, value 3d.; 24 cheroots, 1s.; and 60 cigars, 4s.; the goods of Thomas Selby.
WILLIAM DEARMAN (policeman.) On Sunday morning, the 5th of Nov., I saw the prisoners in a coffee-shop at the corner of Old Street-road and Shoreditch, all three together—I waited a few minutes outside—they came out, and went down the Hackney-road, to the corner of Austin-street, andseemed to be all talking together—I then saw Pollard and Spiller go across to Mr. Selby's shop, stop there a few minutes, then come back and join Holden again—in a few minutes the same two crossed the road again to the shop—then Holden joined them—I saw them all three round the shop together—I then heard a smash of glass close to where they stood—there was nobody else near the window, nor in the road—I ran towards them—they made off across the road, into Cooper's-gardens, and I there lost sight of them altogether—I went back to the shop, found the shutter bar wrenched out, and one end of it on the ground—the bar was outside the shutter—I then perceived two shutters dropped down on the ground—I had not been from the shop above five minutes following them—I had run about thirty yards, but had been looking about to see if anything was dropped—I found a pane of glass broken, and three cigars lying on the pavement, just under the window—I took them up—Mr. Selby came to the window—I put up the shutters, then went in pursuit of the prisoners—I knew them well before, and am sure they are the men—I found them in a coffee-shop opposite the Eastern Counties Railway, about three quarters of a mile off, about a quarter of an hour or twenty minutes before four o'clock that morning—Spiller and Holden were smoking a cigar—I left another constable at the door while I ran to the corner, got more assistance, and took them—I found another cigar in Cooper's-gardens about seven o'clock that morning—they had run past that place from the shop—I received from Fisher, a policeman, in the shop, a cigar-box, a few minutes after the shop was broken into.
Cross-examined by MR. PAYNE. Q. Where were you when they surrounded the window? A. Standing in the church rails, nearly fifty yards from the shop—I was as close to them as I am now, at one time—they could see me if they turned round, but they did not—I was in full uniform—I saw them looking round several times—they saw me, no doubt—I was within thirty yards of them when they were conversing together.
LOUISA SELBY . I am the wife of Thomas Selby, who is at sea. I rent the shop and parlour of this house, No 5, Hackney-road, which belongs to James Bostock—he does not live in the house, that I am aware of—his son does, with his wife and mother—I live there with my servant—I saw every thing safe in the shop on Sunday, about one o'clock in the morning—the shutters were up, and the glass whole—I was disturbed in the night by the wrenching of the bar, and the shutters either fell or were taken down—one end of them was on
the ground—I heard the window break—I immediately got out of bed, and rattled the parlour door, struck a light, and went into the shop with my servant—I had very recently taken the shop with the stock—I missed some Mexican cheroots, called Pickwicks, in a small box, which was also gone—there was part of a box of cigars in the window, which they quite emptied, but did not take the box—I had seen them and the cheroots safe after the shop was shut that night.
Cross-examined by MR. PAYNE. Q. How many rooms are there in the house? A. I think five up stairs—I sleep below—it is eight months since I have seen my husband—he is in the East Indies—I believe he is still living.
Cross-examined by MR. BALLANTINE. Q. Had your attention been particularly called to these boxes that day? A. Not particularly.
COURT. Q. But are you sure any of the cheroots were gone? A. Certainly; we never remove any from the window, and the cigar-box was quite empty, which I am sure had cigars in it when I shut the shop up.
THOMAS FISHER (policeman.) On the Sunday morqing in question I picked up a little cigar-box under an archway leading to Cooper's-gardens—I gave it to Dearman, who was in the shop at the time—I described the place where I found it to him.
Pollard. He searched me before that at the coffee-shop. Witness. I did not, but Dearman did.
WILLIAM DEARMAN re-examined. I have the cigar box. Fisher showed me where it was found—the prisoners had gone right past there—I searched Pollard at the coffee-shop—I only just run over him—I did not search him particularly.
Cross-examined by MR. BALLANTINE. Q. Were there other persons at the coffee-shops besides the prisoners? A. They were in a box by themselves—there might be twenty persons at the first coffee-shop—not many at the second—when they came out I was on the same side of the way, about two doors off.
MRS. SELBY re-examined. This is such a box as I lost, and these are Mexican cheroots—these are not cigars.
Cross-examined by MR. BALLANTINE. Q. Are they all Mexican? A. No, some are Bengal—I do not know what sort were taken out of the box—I had some Bengal cheroots at the top of the box—there were always some in the box in the window, and that box was quite emptied—I had only been there three weeks—I saw the cheroots safe that night—the box held about half a pound—I do not serve customers from the stock in the window.
GEORGE BOSTOCK . I and my family live in this house, and my mother and brother—my father lives in Maidstone-street, and not with my mother—my father keeps the house, and has lived there with my mother at one time—he pays the rent and all expenses—he is too ill to be here—I am employed and maintained by him.
Cross-examined by MR. PAYNE. Q. What is your father? A. A plasterer—he has not lived in the house for twelve or thirteen years—I work it his business, and am paid so much a week—I never go inside his house in Maidstone-street—he comes to our house sometimes two or three times a day, but never sleeps there—my own mother lives in the house—my father pays the rent of the house, and has given me money to pay the rent.
Cross-examined by MR. BALLANTINE. Q. Have you any share in the business? A. No, I am my father's servant—I do not pay any of the rent—he does not deduct any portion of it from my wages—I have on wages but what is termed pocket money.
Pollard's Defence. On the 5th of Nov. I was in the coffee-shop, having a cup of tea and a slice of bread and butter. The policeman looked in; we were going home, and went into another coffee-shop to have another cup of coffee. We had not been there ten minutes, before in came the policeman, and took us: they found only 10d. on me, and at the station found a cigar close against me; they did not know whether I dropped it: there were twenty or thirty people there, and were as likely to drop it as me.
(Samuel Howard, baker, Orchard-house, Poplar, and William Jameson, corn-dealer and flour-factor, Hackney-road, gave Speller a good character.)
SPILLER †— GUILTY . Aged 19.
POLLARD †— GUILTY . Aged 29.
HOLPEN †— GUILTY . Aged 20.
Transported for Fourteen Years.
(There was another indictment against the prisoners.)
Before Lord Chief Justice Denman.
71. JOSEPH HOWRAN, TIMOTHY SULLIVAN , and MARGARET FLYNN were indicted for breaking and entering the dwelling-house of Henry Plunkett, and stealing therein, 2 gallons of brandy, value 3l.; 1 gallon of rum, 16s.; 1 gallon of brandy bitters, 17s.; 8 gallons of spruce, 15s.; 7 bottles, 6s.; 1 cask, 2s.; 1 metal union pencil, 1s.; and 1 key, 6d.; his property; to which
SULLIVAN pleaded GUILTY .— Confined Six Month.
HENRY PLUNKETT . I keep the Goat public-house, Tash-street, Gray's-inn-lane, in the parish of St. Andrew, Holborn. On Monday night, the 20th of Nov., about seven o'clock, ray servant, M'Carthy, said something to me, and about an hour afterwards I missed the key of my cellar off a nail in the bar, where she ought to have put it—I went with her to the cellar, but did not find the key—when I was in the beer-cellar I observed that the spirit-cellar door was all safe—it is within the beer-cellar, and I carry the key of that about me—Sullivan was in my tap-room that night—I shut the house up at one in the morning, then went into the cellar, and the railing of the steps were broken, which were quite safe when I had been there before—there ought to have been a three-gallon keg of spruce beer in the beer-cellar—I did not observe that then—I found the lock of the spirit-cellar broken off, and laid on an ale-barrel—I missed a two-gallon bottle of rum, some bitters, some empty bottles, and a stone bottle was in the beer-cellar which ought to have been in the spirit-cellar, and a keg of spruce in the yard—I went to the street door, and a man gave me information—I went with an officer, and found Howran and Flynn in a house in Tash-street, about ten doors from my house—Flynn was lying on the first floor stairs, drunk—the officer followed Howran up stairs, and found him on the second floor, drunk—the officer produced a bottle—I went to Sullivan's room, and found him—I found some spruce-beer spilt in my yard—I think oneperson could move all that was taken.
Cross-examined by MR. BALLANTINE. Q. Had you seen Sullivan alone in your tap-room that evening? A. Not alone—I cannot say he was in the other prisoners company that evening—I did not see them at the time he was there—I saw him there between nine and ten.
MARY ANN M'CARTHY . I am the prosecutor's servant. I saw Sullivan in the house that night—I saw a woman there—I cannot say whether it was the female pnsoner—I saw the two male prisoners in different parts of the tap-room—I cannot say they were in company.
WILLIAM BUZZEY . My father and mother are housekeepers at the Olympic Theatre, Drury-lane. On the 20th of Nov. I was at the Goat, and saw the three prisoners in the tap-room between nine and ten o'clock—Flynn and Howran in one part, and Sullivan in another—Howran was leaning on Flynn's shoulder, asleep—I saw Howran and Flynn go away—they were intoxicated
sthen, and went into Gray's-inn-lane—about one o'clock I saw them go into Tash-court—Howran had a bottle in his hand—I heard of this robbery, and went and told the publican—he went with a policeman, aad found Howran in the passage of No. 8, Tash-court.
Flynn. There was a terrible fight in the house. Witness. There was a row there.
THOMAS WARE . I went with Plunkett to No. 8, Tash-court, and found Howran and Flynn drunk on the stairs—I found a bottle on Howran—he said he knew nothing of the robbery, only he received some of it—the bottle contained brandy-bitters—when I asked him where he got it from, he would not answer—I took them both to the station—I was at the Goat about ten o'clock that night, and saw Howran and Flynn there—I afterwards found more of the property at Sullivan's.
Cross-examined by MR. BALLANTINE. Q. When he said it had been given to him, did he not allude to the spirits? A. I believe he did—there had been a row at the public-house—there was no violencetdone to the cellar door.
ELLEN GUYRAN . I am the wife of William Ouyran, of No, 8, Tash-court; Howran lodges at our house, but not Flynn. About eleven o'clock at night, on the 20th of Nov., I heard Howran on the stairs talking to somebody—in about an hour the policeman came and look the prisoners—I opened my room door, and saw them—next morning, between nine and ten, I went into the court, and saw a bottle with a cork in my area—it was brought up, and I thought it smelt of liquor, but what I cannot say—I gave it to a woman at the public-house bar.
SARAH TOMKINS . I live at No. 7. Tash-court. On the night the prisoners were taken, I came into the court about five minutes after ten o'clock—I saw three women out in the court, and two men in the passage—Howran stood on the threshold of the door—some of them had a atone bottle in their hands—what was in it I cannot tell.
HOWRAN and FLYNN— NOT GUILTY .
Before Mr. Justice Coltman.
72. WILLIAM JEFFREYS and THOMAS MANNING were indicted for stealing, at St. Luke, Chelsea, 20 forks, value 10l.; 20 spoons, 10l.; and 2 sauce ladles, 2l.; the goods of Richard Bloxam, in his dwelling-house; and that Jeffreys had been before convicted of felony.
MESSRS, BODKIN and DOANE conducted the Prosecution.
CHARLES DIGWEED . I am footman to Mr. Richard Bloxam, who lives at No. 40, Cadogan-place. It is his dwelling-house. On Saturday, the 11th of Nov., I took the plate in a basket up stairs into the dining-room between live and six o'clock, I put what had not been used into a basket, and took it down into the pantry between seven and eight o'clock, and about eight there was a knock at the front door in Cadogan-place—I answered the knock, and found a person there who asked for a Captain Atkins, who has been dead some time—the man went away on my answering the question—in about a quarter of an hour, or twenty minutes there was another knock—I was in the kitchen at the time—there was a light in the pantry—it was rather a loud knock, and could be heard through the house—I went into the area, and answered the person, and found a man there who said he had a message for me—I went part of the way up the area steps—he then said I was not the person—I believe it was the prisoner Manning—he hnd a dark coat on, and a cap—he said it was a dark young man he wanted to see—I told him to go to No. 42, I thought there was a dark young man there—Eliza Simpson was in the kitchen at the time the knock came—I did not see her while I was talking to
Manning—the kitchen looks out into the area—the pantry is at the back of the house, and the kitchen in front—you get into an open yard at the back of the house, through a back door, and then there is a washhouse at the end of the yard—there is a wall dividing the yard from Cadogan-mews—there is a door in the wall, which is kept locked and bolted inside—I had locked and bolted the door the day before, and taken the key into the drawing-room—I sleep in the pantry—I did not miss the plate till next morning—there were twenty forks, twenty spoons, and two sauce ladles all silver, worth upwards of 20l.—I went into the back yard leading to the mews, and found the door in the wall was pulled to—the bolts had been drawn, and the door unlocked—I observed foot marks near the door, in the inside—they appeared to have been made over-night—they were about two feet from the door, such as might be made by a man dropping from the wall, which is about eight and a half feet high outside, and about ten feet inside, the ground being lower—on the next night, Sunday, Manning was brought to the house in custody—I thought he was the person who had come on Saturday night.
Cross-examined by MR. CLARKSON. Q. How far is the yard door from the mews? A. It is close to the mews—it is twenty-eight yards from the pantry to the back door leading to the mews—my attention had not been called to the yard after the Friday before—it was Sunday morning that I missed the plate—I had been in the yard on Friday to let a box out—I did not tread on the mould—it is close to the wall—the footmarks were about two feet from the wall—a person dropping from the wall would drop on the mould—I had put the plate in the pantry cupboard in the basket when I heard the knock—the cupboard was not locked—I did not lock the pantry door on going to answer the knock, and did not look to see if it was all right on my return—I had no suspicion—I missed it between eight and nine o'clock on Sunday morning—I have not found any of it.
Cross-examined by MR. WILDE. Q. You do not intend to swear that it was Manning you saw? A. No—I believe it was him by his cap and coat—there are four servants—they knew where the key of the back door was—I was not told that Manning was coming on Sunday night—I was asked if I thought he was the man.
MR. DOANE. Q. Are there stone steps to the mews door? A. Yes—I did not walk on the mould, but on the steps when I let the box out.
ELIZA SIMPSON . I am servant to Mr. Bloxam. I heard the first knock at the door about eight o'clock, but did not go out—there was a second knock, very loud one—I arose from the chair, and went to the area door to tell the footman I thought the person the man was inquiring about was at No. 42—I heard the conversation between them, and caught a slight glimpse of the person—on the Sunday when Manning was brought, I heard him speak before I saw him, and recognized it to be the voice of the same person who was in conversation with the footman on Saturday—I saw on Saturday that he had a cap on with a leather front—Jeffreys lived as groom to Mr. Bloxam for about three months, and left in May, 1841—he came into the house, and occasionally had his meals in the house, and knew where the plate was kept—when we had company, he assisted in waiting—he occasionally went through the back gate into the mews, and had the key to open it.
Cross-examined by MR. CLARKSON. Q. Do you know whether Mr. Bloxam gave him a good character? A. No.
Cross-examined by MR. WILDE. Q. You never heard the voice before? A. No—I heard all the conversation as I sat in the front kitchen.
COURT. Q. Was there anything remarkable in the voice? A. Yes, it was rather a soft voice, and he answered the same on Sunday evening when questioned.
EDMUND FARGENS , commission traveller, Victoria-cottages, East, Mile-end-road. On Saturday evening, the 20th of Nov., I went to Cadogan-mews, and was waiting there while a friend, who wat with me, was gone to receive an account—while waiting I saw the prisoner Jeffreys standing by the backdoor leading from Mr. Bloxam's yard to the mews—I have pointed the door out to the policeman—I was on the opposite side of the way—I saw him standing there from first to last, I should think more than twenty minutes—I left where I was standing, and went to the end of the mews for a glass of porter—I was absent about five minutes, then returned, and walked up and down the mews—Jeffreys was gone then—it wat eight o'clock in the evening—I saw him again, two or three minutes after, come out of Mr. Bloxam's door leading from the yard into the mews, with a parcel under his arm, which knocked against the post or aide of the wall, and made a jingling sound like glass—he went away—(he had nothing when I first saw him)—I afterwards saw a paragraph in the newspaper, in consequence of which I went and gave information of what I had seen.
Cross-examined by MR. CLARKSON. Q. Where did you go to? A. To the police-station—I think it was in the "Times," I saw the account about the Wednesday after—I have goods consigned to me for sale—I do not keep a warehouse or shop—there is no number to my house—I am a housekeeper—I have silks, worsted, and cigars consigned to me—the last consignment was about the 14th of Nov., about 200lbs. weight of snuff—it was from various persons—I do not know always who it comes from—not the owner—I have samples sent, and have nothing to do with the goods—I have had consignments from Woodey, of London-terrace, Hackney-road, a snuff-manufacturer—-the samples sent on the 14th of Nov. were from Atkins, of Shoreditch, who has since become a bankrupt—I never had a consignment of plate or jewellery—I buy and sell for myself as well—I made several purchases last week—I keep no bankers—I keep a book, a small memorandum-book for orders, and may have had it three or four months—I object to state what has been my largest dealings—I had some silk to sell fonr months ago for Mr. R—, of Globe-road—he keeps a factory, mills, and machines.
MR. BODKIN. Q. You were formerly in the tobacco business? A. Yes, in Brunswick-street, Hackney-road—I have lived nine months where I do now—the prisoners are strangers to me.
COURT. Q. Did you know Jeffreys before? A. I never saw him before—I saw him in custody, I think, on the Wednesday after—he was among eight or ten others—I was told to identify him, which I did—I believe Day, the policeman, was presents—he was not pointed out to me—I selected him from the others—there is a gas-light in the mews opposite at the beer-shop, a little on one side, and one, two, or three doors from Mr. Bloxam's gate.
JAMES DAY (police-constable B 65.) I had information of this robbery, and, in consequence of that, took both the prisoners into custody in Old Pye-street, Westminster, on Sunday the 12th, about four o'clock in the afternoon, in company together, walking down the street—I found on Jeffreys 1l. 18s. 10d., and on Manning 1l. 5s. 0 1/2 d.—I have a cap which Manning wore when I took him—I went to the back wall of Mr. Bloxam's house in the mews on the Sunday, and saw some impressions of two footmarks on the mould in the yard—there were marks on the wall where they had come over—they had then dropped from the wall into the yard on the mould—it was the marks of one person but two feet, about the same depth—there were other footmarks, merely slight impressions, as if the person had made them in walking off—the two nearest the wall were the deepest, and the wall had the appearance of scratching where the person would come down to drop where the foot-marks
were—on Sunday night I took a boot off Jeffreys's right foot, and made another mark by the side of the mark—it appeared to correspond—the examination before the Magistrate was on Monday the 13th—they were remanded three times—I met Fargens on Wednesday in the Broadway—he went with me to Queen-square office—Jeffreys was brought out with eight or ten other people, and he pointed him out.
Cross-examined by MR. CLARKSON. Q. Have you been in Court listening to what Fargens has proved? A. I have been in Court, but not listening—I mentioned about comparing the footmarks before the Magistrate on the 13th—I first mentioned about Fargen's seeing Jeffreys with others just now.
Cross-examined by MR. CLARKSON. Q. What are you? A. An ostler—I was potman at the Rising Sun when this happened—it is nine or ten months ago.
JEFFREYS— GUILTY . Aged 24.— Transported for Fifteen Years.
MANNING— NOT GUILTY .
Before Mr. Justice Coltman.
73. JOHN LINES was indicted for burglariously breaking and entering the dwelling-house of Joseph William Tyler, about ten o'clock in the night of the 20th of Nov., with intent to steal, and stealing therein, 1 machine for sweeping chimneys, value 2l.; his goods: and JOHN POLLARD , for receiving the same, well knowing it to have been stolen; against the Statute, &c.
JOSEPH WILLIAM TYLER . I am a chimney-sweeper, and live in Bull-court, Queen-street, Cheapside. Lines was in my service about three months ago, and left for robbing me—on Monday, the 20th of Nov., I had a machine for sweeping chimneys in the cellar under my house—I locked the cellar when I left at nine o'clock, and then saw the machine safe—you can get into the cellar from the court outside by a door, and from the cellar, up stairs, into the other part of the house—I returned at half-past nine, found the door open, and missed the machine, also a brush and shovel—I saw the machine on Thursday, at Pollard's shop, in Silver-street, Clerkenwell.
ELIZA WALDEN . Last Monday evening week, about twenty minutes past nine o'clock, I was standing at the bottom of George-yard, and saw Lines running through George-yard, about four doors from Mr. Tyler's premises, with a chimney-sweeping machine with him, and a shovel—I knew him before, by formerly living with Mr. Tyler at the same time as he did—when he got to the entrance of Bow Church-yard, he turned round and looked, he then ran out of my sight—about ten minutes after that I saw the door of Mr. Tyler's cellar, where the machines are kept, open.
Lines. Q. Did you see me go to the cellar? A. No, you were coming in a direction from Mr. Tyler's.
JEREMIAH CALNAN . I work for Mr. Tyler, in Queen-street, Cheapside. Last Saturday week, the evening before the robbery, I saw Lines close by Mr. Tyler's, in George-yard, with another young man—he wanted me to go and see if Mr. Tyler was at the door—I told him he was—he wanted me to go and see again—I would not do so, and asked why be wished to know—he said he wanted to ease him of the machine—I said, did he want to steal it?—he said, yes, he did—in consequence of that, on returning from where I had to go, about six o'clock, I went and put Mr. Tyler on his guard.
MR. TYLER re-examined. Calnan communicated to me what be hat mentioned on the Saturday evening, before the robbery was committed.
EDWARD BINGHAM (police-constable G 80.) On Thursday, the 23rd, I went to Pollard's house—he was standing at hit counter—I said, "You have got a sweep's machine, Mr. Pollard?"—he said, "Yet, I have, I will bring it you"—he brought it out—I said, "Where did you get it?"—he said, "I bought It"—I said, "Who from?"—he said, "I believe it was from a sweep, somewhere out of West-street"—I said, "Can you show me the man, or where he is to be found?"—he said "Yes"—I went with him—he took me to three or four places, but he never took me near West-street—I said, "We have no occasion to go any further, you had better come with me to the station."
JOHN ARCHER (police-sergeant G 8.) After Pollard was charged I went with him to his house, to search for a brush and shovel—as soon as we got in he took hold of a book and a pen, and wrote the name of Barry—I took hold of the book, and said, "What are you writing?"—he said, "The man's name I bought it of"—I said, "Can you direct us where we can find this Mr. Barry?"—Bingham said, "We have been everywhere he wished to go, and can't find any man answering the name"—I asked him if he had any other book-—he said "No"—I found there was nothing entered in this book since 1809—it is a marine-store shop.
LINES— GUILTY of Larceny. Aged 21.— Confined Six Months.
POLLARD— NOT GUILTY .
JOHN ARCHER (police-sergeant G 8.) On the 23rd of Nov., alter the prisoner was charged, I went with him from the station to his own house, to see if we could find the brush and shovel—on going down into the cellar, in a corner, I found two pairs of upper leathers for laced boots—I said, "What, an these?"—he said, "They are mine, it is all right, I bought them of a man named Pearce"—I found a mark on them, which I believe to be Mr. Kendall's—at the same minute almost, Bingham, who was with me, found three pieces of leather, two of them cut out as for soles, with the name of Kendall marked in full on them, and an odd piece used as an inner sole, with Kendall's name stamped in full—I said, "What do you say to these?"—he said, "Oh, they are Kendall's"—I said, "Yes, they are."
EDWARD BINGHAM (police-constable G 80.) I was with Archer, and found the sole leathers—I said to the prisoner, "Here are some sole leathers"—"Yes," he said, "I know it, they are Kendall's"—he went up stairs afterwards, and went to the station.
EDWIN JOSEPH KENDALL . My father is a shoe manufacturer. On the 10th of Nov. last I delivered to Edward Pearce, one of the journeymen, six pairs of upper leathers—these are two pairs of them—there is my handwriting on them—the other three pieces of leather I know to be my father's, by his name being stamped on them—I do not know to whom they were given—they had been given out to be made—they are worth 7s. altogether.
Cross-examined by MR. BALLANTINE. Q. Do you pay Pearce for making each particular pair of shoes? A. Yes—I gave him the leather to make, on the premises, not to take away—I do not occupy the room in which he makes them up—the room is not let to him—other persons work there with him—he sleeps there, and pays a weekly rent—he, or whoever may be in the room, keeps the key—my father takes the whole bouse, and lets out the rooms.
COURT. Q. Pearce pays a weekly rent for the room? A. Yes, 2s—if I
put another man along with him it makes no difference in the rent—they are there for the convenience of making work on the premises—if they take it away, somebody is answerable for it—no one but him lives in the room at present—I think there is a man named Moon works in the room, but he does not sleep there—we have a workman named Turner.
EDWARD PEARCE . I received half a dozen pairs of leathers of my master—I do not recollect on what day—they were cut out and were to be made into boots—these are two of them—I went and left two pairs of them at Mr. Pollard's, for 2s—I produced the leathers—he said, "How much?"—I said 2s—he gave me the 2s., and I left the leathers there with him—I said, "You know my name," and that was all that was said—I did not hear him say a word—he did know my name, and where I worked.
Cross-examined. Q. You had taken things to his place previously, in the same way? A. Yes, and had always been in the habit of taking them out again—when I left these I certainly meant to redeem them—I had done the same thing on different occasions, under pressure of want, for these two years, I dare say—I had been working for the same master for these nine years—this is the first charge of any kind that has been brought against me—I called that night to get these leathers out again, and found they were in the possession of the police.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
HARRIET BELL . I am the wife of Allen Bell, of Ogle-street. We have only been there eight weeks, and do not keep the house—the prisoner lodged upstairs in the same house, with his parents—on Monday, the 13th of Nov., between eleven and twelve o'clock in the day, I took a sovereign out of my bottom drawer—there were fourteen besides—eight were wrapped up separately in dirty yellow paper, an old almanack—it was in a pocket-book in a drawer—while in the act of counting it, I saw the prisoner looking in at the door—I cannot say whether he saw me counting it—I locked the drawer, and put the key into the small drawer—the eight sovereigns remained in the paper—I went to the drawer again on Tuesday, about half-past nine o'clock in the morning, to pay my rent, and missed the eight sovereigns—I did not see the prisoner that day—he left home on Monday night—I saw him run out at the door—he did not come home that night—he always used to come home—this was the first time he missed, that I know of—I did not see him again till Wednesday night—I saw no more of my money.
Cross-examined by MR. BEADON. Q. Do you know, of your own knowledge, that he did not come home? A. His mother told me so—he did not come home till the policeman took him—I do not see him every night—I understand that he sleeps at home every night—the drawer was opposite the door—I found the drawer locked as I had left it, and the keys in the same place—there were five sovereigns and six half-sovereigns—it was all gone.
HENRY JONES . I am eighteen years old. I live with my mother, in Ogle-street, Marylebone—I have seen the prisoner about the streets—I saw him on Monday morning, the 13th of Nov., about nine o'clock, and again in the evening, between eight and half-past—he told me not to say anything to any body, and he would tell me something—he told me he had found some money in St. Martin's-lane, and had hid it in the yard, because he did not want his father to know it—he did not say how much it was—he went into his mother's house, came out again, and showed me five sovereigns and six half-sovereigns,
wrapped in a piece of dirty yellow paper—he atked me if I should like to go to the Adelphi theatre, and we started—next morning he bought a pair of shoes for 6s. 6d.—he bought nothing for me—he gave me 5s. to buy a pistol, but I persuaded him not to buy it, and gave him the money again.
Cross-examined. Q. How long have you known him? A. For the last two or three years—another boy, named Leach, who lived in Ogle-street, had some of the money—I was in Mr. Bell's house after he took the money—never before—Leach is not here—he was before the Magistrate—he told Leach the same story that he told me, in my hearing—I am not in the habit of stopping out all night—that was not the first time I did it—I suspected nothing when he told me this tale—on the Wednesday evening I heard the woman had lost the money—she came up, and asked me if I had seen him, and I told her of it—I had been friends with the prisoner before, playing in the street with him—I had never been to the theatre with him before—he never gave me any money to buy a pistol before—Leach was taken up, and the Magistrate discharged him—I was not taken up, because I was not not home—when I heard he had stolen the money, I went away—they asked me to become evidence—I found the two boys in custody—I went and gave evidence on Thursday, I think.
MORRIS WHITE . On Tuesday, the 14th of Nov., Green and another boy came to my master's shop, and bought a pair of shoes for 6s. 6d.—we could not come to an agreement—he told me he had plenty of money to pay for them, and threw half-a-sovereign on the counter—I returned him 3s. 6d.—then he said he bad more than that, put his hand into his pocket, and drew out about 7l.—I asked where he got the money—he told me it was a quarter's wages—I asked him what he worked at—he told me he was an ostler.
Cross-examined. Q. What did the other boy have? A. I saw nothing with him—he was discharged at Bow-street—he had nothing to do with me—I did not sell him anything—he went by ihe name of Williams I understand, he changed his name—he was about to buy a pair of shoes for the other boy—he said he wanted two pair, but we could not come to an agreement with him—he would not allow me a price for them—I did not know him before—he had no silver that I saw—he kept the money in his left hand pocket—he took it out and showed it me—there was no paper round it.
ROBERT SMITH (policeman.) I took the prisoner into custody on the 15th, at Adelphi-wharf, Strand—I asked if he had any money—he said he had not, only 5 1/2 d.—searched him, and found four sovereigns and two half-sovereigns down his trowsers.
(The prisoner received a good character.)
GUILTY . Aged 12.—Recommended to mercy.— Confined Four Months.
WILLIAM BROWN , shoemaker, Kingsland-road. On Thursday evening, the 6th of Nov., between five and six o'clock, I was going down Pitfield-street—as I passed the prosecutor's I saw Ashton take down a Clarence boot from a door—I turned round, and looked at him—White being near, followed me some distance—I passed the shop—as soon as White turned back again, I crossed Pitfield-street, turned back on the other side of the way, and saw Ashton pass a Clarence boot to White, close against Mr. Brown's shop-door—I gave information—I took one prisoner, and the officer the other.
Cross-examined by MR. HORRY. Q. Do you work for any body now? A. No—I am a master shoemaker—I have a shop—I had been to Sun-street
to buy some leather—I am certain Ashton took the boots down, and not White.
White. Q. What did I do with the boots? A. I did not see—I found no boot on you—I did not take you—I swear Ashton gave the boot to you—there was a third party with you.
Cross-examined. Q. Was not Ashton at work as a bricklayer a little while ago? A. Yes, for a month or two—it was not four, five, or six months to my knowledge—I have seen him there—it was close to where I live—I did not go and tell his master any thing—my inspector told him he had got a thief at work for him, but told him to keep him at work, and get him an honest living—he has certainly not been out of work in consequence of what the inspector said—he worked till the job was finished—he has been out of work since—he has been in the House of Correction a long time ago, for stealing a till, not for pitching and tossing—he had three months—at another time he had fourteen days—I cannot give you the date—he has been a thief for years—I cannot tell you who made the complaint of his stealing the till—it was at Worship-street—I cannot recollect how long since—it might be three years ago—I was not the officer on the charge—I have seen the prisoner in custody at Worship-street, and at the station—I cannot say whether I was there when the charge was taken—he has been in custody since that—I was sent for to Clerkenwell police-court to see him some time ago, to see whether I knew him or not—I told them he had been in custody, and he was held to bail—it was about three months ago—it was not on this charge, it was for being found in an empty house with intent to steal lead—I cannot tell who was the prosecutor then—it might be on my beat or any where else—to the best of my recollection it was a new house near the New-market, Islington—he and some more reputed thieves were in custody together—I was not present when the charge was preferred—I was sent for to identify them as thieves—I identified him as a thief three years ago, and several times since—I cannot give the particulars of any one of them—I know he is a reputed thief—he was not sleeping in the house—he was taken in the middle of the day, with some more, for attempting to commit a felony—there was nothing found on him—the charge against him was that he was found in the house—I cannot tell who was the builder of the house—the constable preferred the charge.
JAMES BROWN , boot and shoemaker, Haberdasher-walk, Pitfield-street, Hoxton. I had some boots and shoes hanging in my doorway—I saw them safe some time in the afternoon—I received information, and missed three pairs of women's boots, and 1 pair of Wellington's—this pair now produced is one of them—the stamp is on them.
(Ann Baker, the wife of a bricklayer, 51, Whitmore-street, Hoxton; Joseph Gadd, a bricklayer, Haggerston; and Elizabeth Mary Ashton, of 4, Whit-more-road, Hoxton, gave Ashton a good character.)
ASHTON— GUILTY . * Aged 18.
WHITE— GUILTY . * Aged 21.
Transported for seven years.
JOSHUA BRADLEY, shopman to Charles Johns, of Drury-lane. On the morning of the 20th of Nov., about half-past eight, I had some scales in our shop
—I missed them about nine o'clock—these are them—(produced.)
prisoners come out of Charles's-court into Drury-Tane together—Jones had something under his left arm—I followed him into High-street, and took him into custody—I asked what he had got—he said a pair of scales.
Clarke. Q. Do you know me? A. Yes, by sight, and keeping bad company—you live in our division—I have seen you with three or four reputed thieves—one is Samuel Wood, now in prison, charged with Joseph Wood, his brother, for attempting to pick pockets—I have seen you with them two or three months ago.
(Jones received a good character.)
JONES— GUILTY . Aged 18.— Confined One Year.
CLARKE— NOT GUILTY .
GUILTY . Aged 17.— Confined Four Months.
JOHN POWELL , carpenter, Basing-passage, Red Lion-street. On the 30th of Oct., between one and two o'clock at night, I met the prisoner in Fulwood's-rents, Holborn, which is an archway, which I got under as it was raining very hard—she put her arms round me, and induced me to go with her to a house in West-street—we went up stairs—I took off my clothes, and put them on a chair—I pulled my watch-guard over my head, and put my watch into my waistcoat pocket—I got into bed, leaving her out—after some time she came to the bed-side, and pretended to undress—after four or five minutes another girl came up stairs—the prisoner went and opened the door, pretended that the other girl called her, said, "Did you call?" and went out of the room—this was between two and three o'clock—in about two minutes, finding the prisoner did not return, I got up, went to my clothes, and missed ray watch and breast-pin, which I had left in my stock in my hat—I immediately put on my clothes—the other girl then came into the room, and told me the prisoner was gone—I went and told a policeman I was robbed—he searched the house, but did not find the prisoner—the watch and pin have not been found—I was sober.
Cross-examined by MR. O'BRIEN. Q. You had been drinking, I suppose? A. I had—there was no disagreement about terms between us—I was not in the room ten minutes altogether—the prisoner was not taken till a week after—I had not treated her to anything before we went to the house—I treated her to coffee, and sent the servant for 6d. worth of gin in the house—we had that in the room below—I am positive I had my watch when I went up stairs, because I had kept my coat buttoned.
MARGARET SMITH . I keep a coffee stall in this passage. On the night of the 30th of Oct. I saw the prisoner and prosecutor there about two o'clock—he appeared perfectly sober—I am sure she is the woman.
CATHERINE BURNS . I am servant at this house. On the 80th of Oct. I lighted the prosecutor and the prisoner up stairs to bed—they were up stairs about ten minutes altogether—she then came down, and said she would be d—d if ihe would sleep with a man for 1s., and went out at the back door—I went up and told him—he went out and brought in a policeman, and said he was robbed of his watch and pin.
Cross-examined. Q. Were there any other women in the house that night? A. No one but me—the landlady was in bed.
MARGARET HUNT . I am the landlady. About half-past one the prisoner and prosecutor came in and asked for a bed—I was ill in bed—they sat down in my room as I had a fire, and warmed themselves—they then went up—he had some music in his hand, and she was dancing and jumping—all on a sudden I heard her say very loud, she would not sleep with him for 1s., and away she went—the prosecutor could have heard her say so.
Prisoner. The prosecutor said at first, that the guard was broken before I was with him—he gave me 1s. 4d.—I told him I would not stop with him for that, and as I was leaving, I desired him to take care of his property—before the Magistrate he said the other girl came to his bed-side, while he was in bed, before he missed his watch.
JOHN POWELL re-examined. My guard was safe and sound when I took off my clothes—she perfectly agreed to stop with me—as she went out she told me to mind my pin—I missed my things before the other girl or any one came in.
GUILTY . Aged 28.— Confined Three Months.
SOLOMON MARKS , plate-glass dealer, 55, Hounds ditch. This glazier's diamond is mine. On the 17th of Nov., about three o'clock, I saw it safe, and missed it about five minutes after—a boy came into my shop with something to sell—the diamond was then safe, and the moment he was gone I missed it—the prisoner was not with him.
NICHOLAS WENTWORTH , assistant to Mr. Luff, pawnbroker, Crown-street, Finsbury. On the 17th of Nov., about half-past three o'clock 'in the afternoon, the prisoner offered this diamond in pledge—I asked whose it was, and where he came from—he said, "From No. 6, Worship-street"—I took down the direction, and went there—it was a very large, respectable house—I inquired for the name he gave, and could find no such person—on my way back I saw sergeant Roberts, gave him information, and he came and took the prisoner—he said he bad been sent by his father.
BENJAMIN ROBERTS (police-sergeant.) On the 17th of Nov., I was called and took the prisoner in Mr. Luff's shop—I asked how he came by the diamond—he said it was given him by a young man named Farmer, and if I took him outside he would point him out.
Prisoner's Defence. I met Samuel Farmer as I was going to market; he and he had picked it up; I was a good while before I would take it.
GUILTY . Aged 19.—Recommended to mercy.— Confined One Month.
OLD COURT, Monday, December 4, 1843.
Third Jury, before Edward Bullock, Esq.
GUILTY .— Confined Two Months.
GUILTY .— Confined Two Months.
NOT GUILTY .
WILLIAM OGLE . I belong to the Sherlock, lying in the Thames. On Friday morning, the 1st of Dec, I went home with Stephens, and went to bed with her—I put my trowsers, which contained eight or ten shillings, and two half-crowns, under my pillow—I had been in bed about three quarters of an hour, when I awoke, and found the prisoner gone, and my trowsers also—I went on the staircase in about five minutes, and called Claridge, who is the landlady—I had not seen her before—I said nothing to her—I saw Stephens come up with my trowsers, and Claridge was close behind her—I asked Stephens where my trowsers were—she said she knew nothing about them—they came up stairs, shoved me into the room, and hove my trowsers under the bed—a light was fetched—I put my hand into the pocket, and found only sixpenny worth of copper—I had had no copper there before—I put on my clothes, went down, and found the prisoners in the kitchen—I asked them where my money was, and asked if they would deliver it up—Stephens said they would not, they had not got it—I called a policeman, and gave them in charge.
Stephens. Q. When I first saw you, did you not say you had only one half-crown? A. No—I gave you 1s. to go home with me—I swear I had two half-crowns and eight or ten shillings when I went to bed.
Stephen's Defence. He gave me 2s.; after he had been in bed some time he asked what he had given me; I said 2s.; he said, "Give it me back again, I am going to my ship;" I said I would not, and he might charge me with a policeman—I went down the court, and gave myself in charge.
STEPHENS— GUILTY .— Confined Six Months.
CLARIDGE— NOT GUILTY .
Before Mr. Justice Coltman.
85. WILLIAM HAYNES was indicted for feloniously administering to Mary Haynes, a large quantity of a certain noxious drug, viz., 2 ounces of sulphate of potass, with intent to procure her miscarriage.—Four other COUNTS, varying the manner of stating the charge.
The same evidence was given as on the prisoner's former trial for murder.—(See 12th Session, Humphery, Mayor, page 1025.)
GUILTY . Aged 25— Confined Two Years.
86. MICHAEL HAYFIELD was indicted for feloniously assaulting Henry Hayfield, and stabbing and wounding him on the left breast with intent to murder him.—2nd COUNT, stating his intent to be to disable.—3rd COUNT, to do him some grievous bodily harm.
WILLIAM YOUNG (policeman.) On the 9th of Oct., at ten minutes to twelve o'clock at night, I heard a cry of police from No. 9, Plough-court, where the prisoner lived—I ran into the house, and found the prisoner there lying on his back on the bed with his throat cut—his wife was there with a child in her arms, and she said he had stabbed the child likewise—I examined the child, and found a cut on its left breast—he said he hoped it would die, and said that distress had drove him to it—I understood him to say in the confusion that the child was a cripple, but it appears he said he himself was
a cripple, and could not get a living—he is a cripple—he has had a paralytic stroke—I got him up off the bed, got his clothes on, and got him down to the London Hospital as quick as possible—I got this knife which I produce from Isabella Humble, when I first went to the room—the prisoner seemed very weak, and very much agitated in his mind—he fell down twice on the bed, and bled very much—the mother brought the child down to the hospital at the time we took the prisoner there.
ISABELLA HUMBLE . I lodged with the prisoner's wife. I understood he was in the Union workhouse—he came home on the Saturday afternoon before this happened, and was sitting at tea with his wife and children when I came home in the evening—I went out about nine o'clock on Monday morning, and returned about seven in the evening—the prisoner then had his two children—the boy Henry was across his lap, and the little one between his knees—he was sighing for about a quarter of an hour, and then he asked if I could lend him a penknife to mend a pen—I told him I could lend him one, but I was fearful my son had spoiled it, but as it was I would lend it, and I gave it him—he opened it, looked at the blades, and said they were very dull, but he would sharpen it—there were two blades—he shut the knife, and put it into his pocket—he used to behave particularly kind to his children—his wife came in shortly after—he said to her, "Ann, this child will not trouble you long," meaning Henry—he spoke of that child—she said she had thought so a long time—the child had been consumptive for a long time—it was about six years old—he asked her if she would give him a stone to sharpen the knife upon—I believe his eldest son gave him the stone—I saw him sharpen the knife upon the stone—he afterwards went and laid across the bed, while his wife and children had their supper—they had sausages—there were some put away for the prisoner, but he did not have any—they went to bed, I think, about ten o'clock—I slept in the same room that night—somewhere about twelve o'clock I heard the child Henry cry very loud—the prisoner's wife said, "Michael, what are you doing to the child?" and she said, "My God, he has killed my child!"—I did not hear the prisoner speak, there was such confusion in the room from the wife and children screaming—the wife said the child was stabbed, and, before I could call the police, the prisoner began to cut his own throat—his wife screamed out that he was cutting his own throat—I went and called for the police—I afterwards looked at the child, and saw blood on its shirt, but did not take particular notice of the wounds—I did not see the knife again till I saw it in the policeman's hand at the hospital—the prisoner had asked me on the Sunday if I bad such a thing as a penknife to lend him—I told him I had—I did not lend it him on that Sunday.
Prisoner. Q. What did I want the penknife for? there was some other conversation passed between us? A. I cannot exactly tell what it was—it was something about writing to an institution for making Chili vinegar, or something of that—this is the knife—both blades are broken—one has been broken a long while—the other has been broken recently—it was not broken at the time I lent it to the prisoner—I do not know how it was broken.
JOHN CAWOOD WORDSWORTH . I am house surgeon at the London Hospital. I remember the prisoner and the child being brought into the hospital—the prisoner was in a very agitated state—he had a wound across the front of his neck, about three inches long—I cannot say whether it had bled much—there was not much blood about it—it was not dangerous—the child had a small punctured wound close to the left nipple—I could not tell how deep it was—I did not probe it—it appeared slight—there was only one wound—I thought there was danger in the first instance, but there were no symptoms indicative
of danger afterwards—no bad symptoms came on—the prisoner inquired if the child was dead—I said it was not—he said he wished, or hoped, it was, I do not recollect which—he inquired if his own wound was likely to prove fatal—I replied I thought not—he said he hoped he might die before morning—I ordered a strait waistcoat to be put on him, to prevent him doing himself any further injury, as I had received information from the police that he had attempted to enlarge the wound by inserting his finger—the child got well—it was in the hospital about a fortnight—the wound was such as might be produced by the blade of a small knife like this.
GUILTY. Aged 39.—Recommended to mercy, on account of the distressing circumstanees he was placed in .— DEATH recorded.
87. JOHN PHILLIPS was indicted for stealing 4 shirts, value 1l.; 1 pair of drawers, 3s.; 1 waistcoat, 2s.; 3 pairs of stockings, 3s.; 1 handkerchief, 5s.; 1 pair of braces, 6d.; and 3 collars, 1s. 6d.; the goods of Henry Swanger.
HENRY SWANGER , porter at the Fusion Hotel, Euston-square. On Tuesday, the 21st of Nov., about eight o'clock in the morning, I gave the prisoner a parcel, containing the articles stated, to take to my wife, at No. 43, George-street, Hampstead-road, to be washed—he was to return to me to receive 2d. for carrying them—he did not return—I saw nothing more of him till the night before he was taken into custody—I asked what he had done with my things—he denied having them, and said he was at Covent-garden on the morning I mentioned, and he had not had the bundle from me—the policeman and I had previously applied at his residence on two or three occasions, but could not find him; and when we did find him, he creeped under the bed—his mother said, "It is no use, come out, Jack "—I am certain he is the boy I gave the things to.
Prisoner. He said at first he only thought it was me. Witness. I had known the prisoner before by seeing him at the gates witkother boys, waiting to fetch messages or anything for the passengers—I could recognise him out of a thousand.
ROBERT KNIGHT (police-constable S 221.) I aprehended the prisoner, last Thursday, at his father's—(I had been there to look for him four times, and was not able to find him)—the prosecutor went in first—I heard the mother say, "Come from under the bed, Jack, it is no use"—I said to the prisoner, "Why do you hide there, if you know you are not guilty? we only want to identify you if you are the boy that took the clothes"—he strongly denied it—he said he would come down next morning to show himself—he did so, and the prosecutor identified him.
Prisoner's Defence. On the morning the gentleman says he lost his bundle I was at Covent-garden market from six o'clock till ten or eleven; I go there every morning ever since I have been out of work, to see if I could earn a few halfpence; last Wednesday night the prosecutor and a policeman came to where I live, and I asked him if I was the boy that took his things—he said yes, he thought I was; my little brother was standing there, and he said, "That is the one."
ROBERT KNIGHT re-examined. In the first instance the prosecutor could not recognise the prisoner—it was by candle-light—he did look at the other boy, and said he was a great deal like the boy—when he saw the prisoner by day-light he said he could swear to him; but he was very reluctant to come.
forward on account of so much trouble, and said he would almost as soon lose his things.
Prisoner. He said he did not think it was me; there was a witness there, who said he could not swear to me, and the prosecutor said he would make him; the policeman was by all the while. Witness. That is not correct.
NOT GUILTY .
ELIAS HELLEN . I am a cheesemonger. On Friday, 24th of Nov., I had two pieces of cheese on a board outside my shop window, with a ticket on them—I missed them about a quarter of an hour after I had placed it there, and saw it within twenty minutes after at a house in White Bear-gardens, where I went with the policeman.
ELIZABETH PYTE . On the 24th of Nov. I was in my father's shop, and saw the prisoners waiting outside Mr. Hellen's shop, which is nearly opposite—I watched them, and saw them speak to each other—Smith put his hand on the cheese, as if going to take it—I had occasion to turn round to speak to a person in the shop, and when I turned round again they were running away, and the cheese was gone—Smith had on an apron, which he held up, and it had a bulk in it—I told my brother which way they had run, and he ran after them—I am sure the prisoners are the persons—I knew them well before by sight.
Smith. Q. Where have you seen me? A. About the road, both of you, more particularly you.
BRAZILIA WILLIAM PYTE . In consequence of my sister speaking to me, I ran down Union-street, and saw the prisoners turn round Union-walk—I called, "Stop thief," and they ran faster, and ran into White Bear-gardens—Roworth ran straight on, and I lost sight of him—Smith turned into a little place, and into a house—I went for an officer, and went with him into the house, and saw him find, under some straw, these two pieces of cheese, and another policeman found this ticket in the same place—I saw the prisoners in custody on Saturday night—I am sure they are the persons—I had never seen them before—I was about ten yards behind them when they were running.
Smith. Q. Did you see me go into the house? A. No; you were about twenty yards from it when I lost sight of you—there were so many turnings, I could not get round quick enough to see you enter the house—I saw your back very plain as you were running—I did not see your face—you were holding your apron up.
Roworth. Q. You said at first you did not think I was the person? A. I said I was not positive, and I am not quite sure now.
JOHN SMITH (policeman.) I received information, and went with Pyte to the house in White Bear-gardens—it was fastened—I opened the window shutters, got in at the window, searched two rooms, and under some straw in one corner found these two pieces of cheese—I was present when the other constable found the ticket—I apprehended the prisoners about eight o'clock on Saturday evening, in company together—they were moving goods from this house in White Bear-gardens, to a house at the back of Shoreditch church—they were in company with about eight others.
Roworth. I was about twenty yards from Smith—I had just come from
my master's in the Hackney-road. Witness. They were not half the distance apart that I am from the bench.
MR. HELLEN re-examined. This is my cheese, and this is the ticket I had put with it.
SMITH— GUILTY .
ROWORTH— GUILTY .
Confined Nine Morths.
SAMUEL PHILLIPS . I was returning home last Wednesday night, about twenty minutes past twelve o'clock, and about half way up Whitecross-street I saw the prisoner with two other men and three females going slowly in the same direction I was—I stepped off the pavement into the road, endeavouring to pass them, and while doing so, the prisoner laid hold of me by the two sides of my coat—he let go of one side of me, and put his arm down me, and one of the females behind me hit my hat completely over my eyes—I felt the prisoner's hands about me in front, about my watch-chain—I partly got away from them, when he again seized me, and in the act of doing so I called out "Police" twice—a policeman came up, and I gave him into custody—I lost nothing—I had a watch in my fob, and in the scuffle the chain and seals got into my side breeches' pocket.
Cross-examined by MR. PAYNE. Q. Did not the prisoner appear to have been drinking? A. Not in the least to my knowledge or perception—I am a glass dealer and maker, and work in the City-road, at my father's—I had just parted with one of my father's workmen who lives in that part—they work night and day—we have fourteen or fifteen men and boys working for us in City-terrace, City-road—I had been sitting Writing for three or four hours before this—I agreed to meet my father's workman at twelve o'clock, at he came off work when fresh hands came on, but I was rather behind hand, and he was gone home—I went after him, overtook him, and accompanied him home, and after leaving him, I was coming home steadily, soberly, and quietly—I had not spoken a word to a soul after parting with him.
JAMIS CUTHBERT (police-constable G 207.) On the night in question I was in Whitecross-street—I heard a scuffle, and went towards it—as I was going, I heard the prosecutor call out, "Police, police, "—when I got up there I saw the prisoner and two more males and three females there—the prisoner's arm was round the prosecutor's neck, and the prosecutor's hat was over his eyes—as soon as he saw me, he said, "Policeman, I give that man in charge for attempting to rob me of my watch"—I immediately took him—he said; "If I have done any thing I must go with you, but do not handle me as though I was a thief"—he appeared as though he had been drinking, but he knew what he was about.
GUILTY .— Confined Two Years.
Fourth Jury, before Mr. Recorder.
GEORGE MALIN (policeman.) I live in Union-place, Stepney-green. On the 18th of Nov. I was at my window about one o'clock in the day, and saw the prisoner Cundick take a sack containing oats and beans mixed, a nosebag with oats, beans, and chaff, and a bag containing oats, beans, and chaff from the wagon of Mr. Matthews, and cross the road with them to his own
stable—the prisoner Slaughter was at the wagon when he did it—I went over, and told Cundick he had done wrong in buying the corn of that man, which was not his own—he said he was not aware that he had done any thing wrong, and was sorry for it—I told him not to touch it till I fetched Slaughter across to the stable—I told Slaughter he had done wrong in selling his horses' provender—he said he was heartily sorry for it, and hoped I would look over it—I told him to carry the sack back to his wagon, which he did—they were taken to the station—Slaughter there said he had found the sack containing three quarters of a bushel of oats and beans as he was coming through Stratford—I sent my brother officer back to Cundick's house.
Cross-examined by MR. WILKINS. Q. Does Cundick live near you? A. Opposite—he is a green-grocer, and also deals in live stock—I have frequently seen country wagons call there for manure.
HENRY BARNES (police-constable K 256.) I apprehended Cundick—he said he was not aware there was any oats in the sack, only chaff, which he was to have for a bit of dung, and he was very sorry it should occur—he said the dung was in the stable.
Cross-examined by MR. WILKINS. Q. Did you see Slaughter's wagon? A. Yes, it was being filled at Mr. Condell's, whom Cundick works for some times.
THOMAS MATTHEWS . I am the son of Ann Matthews, of East Ham. Slaughter was our carman—on Saturday the 18th, he was sent from Smithfield-market with three horses to get a load of manure, for which he had 5s. 6d.—he was allowed a nose-bag of corn and chaff for each horse, and a sack containing about four bushels of mixed corn and chaff—he was not allowed to barter it for dung, and save the money—in case the horses did not eat all, he should have brought it back with him, and it would be given to the horses in the stable—I saw the mixture at the station—it was the same quality which he had—the sack he had the mixed provision in belonged to my mother—the other sack was marked "S. Hammond, Upminster," to whom it belonged, but the provisions it contained was ours, and had been given out the night previous by the foreman—I have brought a sample from the granary, and compared it with what is produced—it is the same proportion of mixture and the same articles—they are white Irish oats, termed Irish birds—the beans are split, and there is a small lump of clay in them.
Cross-examined by MR. WILDE. Q. Slaughter has been some time in your employ? A. Yes, from twenty to twenty-four years—I did not see him start that morning—he left between one and two o'clock—he might have had four horses, but I do not think he had—I can speak of the clay as acertain cause of identity.
(The prisoners received good characters.)
SLAUGHTER— GUILTY . Aged 42.—Strongly recommended to mercy.—
Confined Two Months.
CUNDICK— NOT GUILTY .
MARY ANN SWAN , of Storey-st., Bedford-square, Limehouse.—I was at the Earl of Effingham public-house on the night of the 3rd of Nov.—the prisoner called me out of the parlour—we had some half-and-half, and she had some brandy—we went to another public-house by the hospital, and had a quartern of rum and four more glasses of brandy—it was a quarter after twelve o'clock, and then we both went home to my house—I did not feel at all affected with drink till I got home—when I got out of the parlour I felt rather giddy, and
went up to my bed-room, and then felt very sick—I fell on the ground, and slept till six o'clock in the morning, then missed my money, and found a halfpenny and a mitten in my pocket, which the prisoner had on her hand—I had 13s. 6d. in silver in my pocket, and 5d. in copper—when I got home at night I felt it safe—when I came out of the public-house, and paid for the brandy, I pulled it out, and counted it, and when I got home, I put my hand into my pocket, and said, "Ann, we will have something to drink"—my money was then safe—nobody lives in the house but the young woman who opened the door—I went to sleep with my clothes on—among the money I lost there was a shilling with a name on it—the first letters are S—I told the policeman he would find that shilling if I had not spent it—the name was Selway, or something—the prisoner had both her mittens on when she was up stairs with me—I did not put her mitten into my pocket—in the morning I went to the station, and went with the policeman to the prisoner's lodgings in Duke-street—she was in bed then—the officer took something from under her pillow—I said, "I dare say that is my money; if so, if I have not spent it, there is 1s. there with a name on it"—he said, "Wait till you get to the station," and there I identified it—I had not handed any money to the prisoner that evening—there was a sailor and a young woman with her—they paid for what they drank.
Cross-examined by MR. WILKINS. Q. What apartments do you occupy? A. I rent the house—it is only two rooms—a young woman lives there with me as companion—I get my living by needle work—nothing else—I am a dress-maker—I do nothing else—I do not walk the streets—I was at a concert that evening at the Effingham Arms—men and women go there—I do not know that improper characters attend there—I dare say there are—I do not go there often—I lived in Montague-street once—the prisoner came there, and took away a young man who had lived with me four years, on and off, as my husband—I had gone away from home with him—the prisoner had had a child by him before that, but I did not know it—I never threatened to give her into custody for fetching him away—I had often forbid him the house—I will not take my oath that I never threatened to give her into custody, but I do not recollect saying any such thing—I hear she has been married since, and her husband is gone to sea—there were four persons to drink the four glasses of brandy—there was a sailor there—he drank very hard—I was rather giddy when I left the house—I quarrelled with a man at the last public-house—I did not strike him—I said I would slap his face if he insulted a companion of mine—I meant the prisoner—I considered her my friend—the prisoner fell down, coming home, in the mud, with both hands—I did not assist in wiping her hands—I have not lived with any body besides the young man I named—I do not pay the young woman any wages—she lives with me.
COURT. Q. You were good friends with the prisoner that evening? A. Yes, we had no quarrel.
ELIZABETH EVANS . I lodge with the prosecutrix. I was at home and in bed when they came home, and I let them in about one o'clock—I took the prosecutor up stairs to bed—the prisoner said she was going to sleep with her—I wanted to undress her, and get her to bed, but the prisoner said she would undress her—I left the room, and went to bed.
Cross-examined. Q. What do you do for your living? A. I work at dressmaking with Swan—I get so much a day, according to the work, 2s. or half-a-crown—I go out to see men, but very seldom—I do not know that Swan does so—she is at home most every night, alone at work.
COURT. Q. Who pays you 2s. or half-a-crown? A. Swan—I work with her—I do not get above 5s. or 6s. a week—I pay her 1s. 6d. a day for my board and lodging, and am often in her debt.
JOHN NICHOLAS (policeman.) Swan came to the station about half-past six o'clock in the morning of the 1st of Dec.—I went with her to the prisoner's lodging, No. 8, Duke-street, St. George's—the prisoner opened the door—the prosecutrix said she wanted the 13s. 6d. she had robbed her of—the prisoner said she had no money—I got a light, and searched the back parlour, where the prisoner said she slept, and under the pillow I found, in a stocking, thirteen shillings, and 5 1/2 d. in copper, lying by the side of it, and 18d. on a table—Swan said, "That is my money, and, if I have not spent it, there is a shilling among it marked with some letters on it; the first letter is S"—I told her to stop till she got to the station, and there she pointed out the shilling with some letters, the first of which was S—the prisoner was partly undressed.
Prisoner. My husband gave me 1l. 10s. that morning; the prosecutrix and I drank together; I took my stocking from my breast, and paid half-a-crown at the bar to change; the landlord gave me a shilling: Swan afterwards wanted to borrow a halfpenny of me; I had not one, and took out a shilling; she said, "I offered to treat you," and gave me the shilling back; I counted my money, and said I had 15s. 10d. left, and placed it in my stocking, in my bosom; after that a fight ensued; I was thrown down, and dirtied my clothes, and she pulled off my gloves to wipe my hands; I declare the money is all mine.
Prisoner. The policeman said, "Is this your stocking?" she said, "No." Witness. I did not.
GUILTY . Aged 29.—Recommended to mercy by the Jury and Prosecutrix.—
Confined Three Months.
OLD COURT.—Tuesday, December 5th, 1843.
Sixth Jury, before Edward Bullock, Esq.
JOHN BOLTON , tailor, Charles-street, Portland-town. On the 29th of Nov. I was at the Constitution public-house, Great James-street, Lisson-grove—the prisoner and another were there—I had been drinking—I recollect being pulled about by parties there, and had my blue pilot coat taken away from me, I do not know how—I am certain I had it there—I saw it again at the station—I saw the prisoner the same evening, and told him if he would give me up the coat I would say no more about it—he said he could not, and I gave him in charge.
PETER CIBCELL , of Green-st., Paddington. On the 29th of Nov. I was going into the Constitution, and saw the prisoner coming out, with the coat on his arm—he went into the opposite pawn-shop with it, and a yellow handkerchief—he came out without it, and with the money and a duplicate in his hand—I went into the Constitution, and saw the prosecutor terribly intoxicated—the prisoner paid for two pots of beer after I came—he went out, and two men followed him, and after a time the prosecutor asked for his coat.
JOHN CHARLES BEALE (policeman.) I took the prisoner into custody—I told him it was for stealing the prosecutor's coat—he said he had not got it—on the way to the station, he said if the prosecutor would wait till Saturday he would make it all right—I received a duplicate from Nightingale, went with it to the pawnbroker's, and found the coat—the pawnbroker appeared with it before the Magistrate, and the prosecutor identified it.
Prisoner's Defence. At seven o'clock on Wednesday morning, I was drinking with the prosecutor at the Coach and Horses, Edgware-road. He tossed for beer and had no money to pay for it; and coming along Bell-street, he pulled off his coat twice, and asked me to go and pawn it. I told him to keep it on; when we got to the Constitution, he pulled it off, gave it me, and told me to pawn it; he took out his pocket-book, and I went and pawned the coat, brought back the money and duplicate, and put it on the table before him; he pushed it away, and the money was spent in drink, and I went home; in the afternoon Ciscell came and asked me for the duplicate, and said I was a pretty fellow not to give him any of the money. I gave him the duplicate, and went with him to the prosecutor; he pulled off his waistcoat to pawn, and the witnesses had part of the money; after that they talked about giving me in charge, and we were going to make up the money among us, as a good many had part of the drink, to get the coat out again.
THOMAS AUSTEN , labourer, Burris-place, Chapel-street, Paddington. I saw the prosecutor pull off his coat three times, going up Bell-street, to give to the prisoner to pawn—he said, "No, keep it on"—they went to the Constitution and had some beer—the prosecutor there pulled off his coat twice, and gave it to the prisoner to pawn—the prisoner went out, brought back the ticket and money, and offered it to the prosecutor—he said, "Keep it, and bed—d"—they were both intoxicated.
NOT GUILTY .
NOT GUILTY .
Before Mr. Recorder.
94. JAMES BRADSHAW, Jun., and SARAH BRADSHAW were indicted for feloniously receiving, of a certain evil-disposed person, 25 yards of gambroon, value 1l. 5s.; 40 1/2 yards of woollen cloth, 14l. 2s. 6d.; 16 waistcoats, 5l. 12s.; 20 yards of satin, 4l. 10s. 1 3/4 yards of silk, 7s.; 82 yards of cotton cloth, 1l. 10s.; 2 coats, 2l. 10s.; 1 pair of trowsers, 1l.; and 2 3/4 yards of silk serge, 4s.; the goods of Moses Hyam and another, well knowing the same to have been stolen, &c.
MESSRS. DOANE and E. PLATT conducted the Prosecution.
MOSES HYAM . I am in partnership with my brother, as wholesale clothiers in King-street, Cheapside—we had a servant named Brookson, who had been in our service about two months, and was discharged about two months since—we have missed a quantity of property, but not till the police-sergeant sent for me, after the prisoners were in custody—we had no suspicion that we were being plundered—our stock is rather extensive—we might have property taken away without missing it—Brookson had the opportunity of taking goods—(looking at a large quantity ofcloth, &c., produced by Pawley and Went-worth)—this
is all our property, and some I am certain have not been gold—all this blue cloth has not been sold—there is about twenty yards of it, at 6s. 2d. a yard—this satin has not been sold—there is about twenty-four yards, in two parcels, worth 4s. 6d. a yard—this fifteen or sixteen yards of gambroon, worth 1s. a yard, has not been sold, nor this 100 yards of cotton, worth 5d. a yard, nor this five or six yards of lining, at 1s. 6d. per yard, nor this twenty-four yards of black cloth, at 7s. per yard—here are sixteen waistcoats—I have missed about fifty—I cannot say whether these were sold.
Cross-examined by MR. BALLANTINE. Q. Are you a wholesale dealer? A. Yes; we sell made up things—this blue cloth is all one quality, though in different pieces—it is manufactured in Yorkshire—I do not know whether this cloth is manufactured at more places than one—I get it from various houses—I have no doubt similar cloth is manufactured at various places in Yorkshire—I cannot say how many thousands of yards of this sort come to London in a year—I cannot tell how many houses deal in this sort of cloth—possibly 500—my private mark is on one of the pieces—I only know this piece which is not marked by its exactly corresponding with the other in quality and colour—it appears to have been cut from it—I compared this and the marked piece together, and they agree in quality and colour—I swear that—here is the mark—it is not so distinct as when I saw it before—I generally mark each whole piece of cloth, near the end—this sort of cloth is used for coats, jackets, or trowsers—it is a low quality—there is no private mark on any of the other goods—the private mark applied to a whole piece, when it was lost—a whole piece varies from twenty to thirty yards—there are twentyone yards here—I believe it all belonged to the marked piece—there is no private mark on the black cloth—that also comes from Yorkshire—there is a vast quantity manufactured of almost every quality.
MR. DOANE. Q. Do you miss cloth of exactly that colour, quality, and quantity? A. I do—I missed a piece of blue cloth precisely like this.
HENRY BENJAMIN . I am the prosecutor's shopman. I remember Brookson being in the service, and being discharged—I know the Bradshaws lived in East-street, Finsbury—I have never seen Brookson there; but the people there told me that he lodged there—I did not see the Bradshaws when I went there—I saw a woman there—I cannot say it was Mr. Bradshaw.
NICHOLAS WENTWORTH , shopman to Mr. Luff, pawnbroker, Crown'Street, Finsbury, I have produced all the articles which Mr. Hyam has identified, except the satin—they were pawned at my master's shop on various dates, some months ago—I cannot recollect by whom—it is a long while ago—I have not the slightest recollection, or I should say so—I do not know whether it was a man or a woman—I took them in—my writing is on some of the tickets—some of the pledges are in a man's name, and one or two in a woman's—I did not put down a man's name when a woman pawned—the male prisoner has been in the habit of coming to our shop—the name of John Bradshaw is on some of these tickets—the prisoner's name is James—none of the tickets have "James" on them.
COURT. Q. Who was the person pledging when you put down the name of John? A. Why, as I said before, I cannot exactly say—I cannot recollect—I do not remember—it is a good while ago—we have more pledges than them, and if I say I cannot remember, I cannot—it was a male—I do not remember the prisoner pledging them in particular, when I put down the name of John—it might have been a little boy who used to visit the shop, and who I believe to be a brother of his—I put them in the name of John Bradshaw, because J knew very well they were for the father—I was always in the
habit of putting them in the name of John Bradshaw—I put them in the name of John, though John was not the person pledging them—I always have done that, knowing, or rather supposing, they were for his father.
Q. For whose father? A. Of the party who pledged them, if the little boy pledged them, as he used to sometimes—I cannot call to recollection what article he ever pledged—whenever he did come I put them in the name of John Bradshaw—(looking at his deposition)—this if my handwriting—I believe it was read over to me before I signed it.
MR. PLATT. Q. Who pledged the greater part of these articles, on your oath, to which the name in these tickets refers? A. I cannot swear, as I said before, to the prisoner's pledging them—I believe him by looking at the ticket to be the party, but not to swear to him—to the best of my belief the prisoner James pledged those I have in the name of John Bradshaw, by referring to my tickets—I hare no other source of belief, except the tickets—there are a great many things here—here is a remnant of serge pawned for 2s. on the 28th of Sept., and a waistcoat for 4s.; on the 16th of Sept., 2 remnants of gambroon for 10s.; and on the 22nd of Sept., a remnant of cloth for 12s—I believe that is the blue cloth that is in the name of John Bradshaw.
COURT. Q. On the oath you have taken, do you or not believe that the male prisoner was the person making the pledge? A. I believe it to be the prisoner, but not to swear to it, because it is a good while ago—I cannot call to my memory exactly the time he was pledging, so as to swear he was pledging it at the time, but I believe it to be, as it is put on the ticket, "John Bradshaw," that is all I go by—I do not remember it—I always put John Bradshaw when James pledged—here is some more blue cloth pledged on the 23rd of Sept. for 6s—I do not recollect the party pledging these articles, but seeing them in the name of John Bradshaw to the best of my recollection, it was the prisoner pledged them, in every instance where the name of John Bradshaw is put—if a female had pledged them, I should not have put them in the name of John Bradshaw—I say so, because the prisoner invariably used to pledge them, more so than his younger brother—I cannot swear to the younger brother pledging any of these articles—I do not know how old be is—he is a little boy, I should think about ten or eleven, but I do not know—I never asked his age—I will not swear that that child pledged a single article in Sept. or Oct.—I do not remember—this piece of blue cloth, pledged for 12s. on the 22nd of Sept., is the largest piece I produce—that is in the name of John—I cannot swear who pledged that, but to the best of my belief the prisoner pledged it—I am not able to say whether the child pledged it—I do not believe I should have taken in so large a quantity as that from a child—to the best of my belief the child did not pledge it, nor did a woman—no one but the prisoner, the woman, and the child pledged for Bradshaw.
Cross-examined by MR. BALLANTINE. Q. Will you venture to swear that the prisoner James has been in your shop at all for the last five months? A. Yes—I cannot tell how many times, I will say twenty times, but I cannot swear exactly—I think I might safely do so—I do not know how many times the child has been in the shop—I should think not twenty—I will not swear he has not—I have not seen the father there—I could not swear this piece of cloth was not pawned by the child—I have never taken in larger pledges than this of that child—I swear I never took in a pledge of him to a larger amount than 12s—I do not know whether I have taken in to that amount or not—I know he has pledged things to a larger amount at our shop—I have not taken them in, but perhaps they have been taken in my presence—I have made out the ticket when I have been present—I do not know what amount of property my master has countenanced my taking in of that child—I do not remember
how much he has taken in in my presence—I always understood the pledging to be for John Bradshaw the father—I knew him to be a tailor carrying on business in the neighbourhood, about five minutes' walk from us—I have been in my present situation three years, and have known him all that time—I have been to his shop—I have never brought cloth from his shop—I swear I have never by his direction brought cloth from his shop to ours—I do not remember ever having done such a thing—I will not swear I never have—I never brought any thing from Bradshaw's house—I never had occasion to—I do not remember ever having done such a thing—I might perhaps have brought something when I have been, or anything like that—sometimes master gave him a job, to make up some trowsers, and one thing or another, and I have been to Bradshaw's to ask whether they were done—Bradshaw was the master of the place, and appeared to have the control of every thing there—he has not always been in the shop when I have been there—he might be working up stairs for what I know—I never saw him in the shop—he did not appear to have a large stock.
MR. E. PLATT. Q. Looking at all these things to which these tickets refer, can you pick out one single thing which you recollect the child pawning? A. No, on my oath, I cannot recollect it.
JOHN PAWLEY , shopman to Mr. Attenborough, pawnbroker, Crown-street, Finsbury. I produce the twenty-four yards of black cloth, pledged on the 1st of Nov., for 8l., by James Bradshaw, for his father, No. 1, East-street; also four yards of cloth, four waistcoats, and twenty yards of satin—the prisoner did not pledge the satin, to my belief—it is in the name of John Bradsbaw, No. 1, East-street, Finsbury-market, and was pawned in Sept.—I believe both father and son's name is James—I cannot account how the name of John came here—I did not write the ticket—the father has not pawned at our shop of late years—I have known him fifteen years.
Cross-examined. Q. As a tailor, carrying on business in apparent respectability in the neighbourhood? A. Yes—he mostly sent his sons to pledge—it is our rule never to serve a person under sixteen—he has been in the habit of sending to redeem articles—the male prisoner has come for that purpose at different times—some of the first tradesmen in London are at times obliged to pledge their goods to raise money—I have known that myself—I have lent hundreds of pounds at times—persons in a large way of business mostly come themselves; if not, persons belonging to the family or the establishment—to my belief, the prisoner has been a well-conducted, honest boy—I never knew him connected with any transaction which should lead me to form a different opinion—I have had clothes made up there for fifteen years, at different times—I never was at the house before I went there with the officers—the father used to come to measure me—there was no concealment—when the prisoner came to our shop, he said throughout that he had been sent by his father.
MOSES HYAM re-examined. I have gone over my stock, and have missed a piece of black cloth, corresponding in quality and quantity with this—I have not been many months in business in London—I cannot say whether I lost it while Brookson was with me.
NOT GUILTY .—(See page 44.)
GUILTY .— Confined Two Years, and to enter into his own recognizance to be of good behaviour for five years.
NEW COURT.—Monday, November 27th, 1843.
Fifth Jury, before Edward Bullock, Esq.
96. MARY ANN M'HUGH was indicted for stealing 1 looking-glass, value 10s.; 3 blankets, 9s.; 1 poker, 1s.; 1 pair of tongs, 6d.; 1 shovel, 6d.; 4 sheets, 6s. 6d.; 4 pillow-cases, 2s.; 8 towels, 1s.; 2 flat irons, 1s.; 1 bolster, 5s.; 2 pillows, 6s.; and 10lbs. weight of feathers, 12s.; the goods of William Thompson; and that she had been before convicted of felony.
WILLIAM THOMPSON , cabinet-maker, Circus-street, Marylebone. The prisoner lodged in my house for six weeks—on the 27th of October I went into the room, and missed a swing looking-glass, which was let to her with the room—I asked where it was—she said the plate was broken, and it was gone to have a new plate—I also missed some sheets, blankets, and the bed-tick was cut, and the feathers gone—I shut the prisoner in the room, and went for an officer—these are the things—they are mine—this is the glass—the plate is not broken.
THOMAS AYRES , apprentice to Mr. Gideon, pawnbroker, Stockton-street, Lisson-grove. I took this swing glass in pledge of the prisoner—I can swear to her—I have a blanket and two pillows, one of them pawned by the prisoner—I cannot swear who pawned the others.
JOHN GRANGER (police-sergeant D 21.) On the morning of the 28th of Oct. I was fetched by the prosecutor from the station-house—I saw the prisoner there—I had some conversation with her; in consequence of which, she produced these eleven duplicates.
GEORGE THORNTON (police-constable D 109.) I produce a certificate of the prisoner's former conviction, from Mr. Clark's office—(read)—the prisoner is the person, and she had been convicted before that.
GUILTY . Aged 19.— Transported for Seven Years.
MATTHEW HESWELL . I am in the service of Thomas Wilson, tobacconist, in Brook-street. On the 30th of Oct. I was in the parlour adjoining the shop, about a quarter to nine o'clock at night—I saw the prisoner come in, and, before I could get into the shop, he had the cigar-box lid off, and took these cigars out—I spoke to him—he made no reply, but knelt down and begged pardon, and said he would not do it again.
GUILTY . Aged 10.— Transported for Seven Years.—Parkhurst.
GUILTY . Aged 23.—Recommended to mercy.— Confined Four Months.
(The prisoner received a good character.)
SAMUEL GROOM . I live at Teddington. I had a washing-trough in the cow-house in the yard—I had given it to my master's mare to eat out of—I saw it safe on the Saturday—the cow-house was fastened by a clasp and a pin—on Monday, the 15th of Oct., I found the cow-house open, and the washing-tub gone—I went with the policeman to the prisoner's house, about half a mile from my place, and found the tub there—I sleep near the cow-house—I heard a noise on Saturday night, and thought it was the old sow.
BENJAMIN COLLINS (police-constable V 271.) On the 30th of Oct. I had information, and went to the prisoner's house, in consequence of some tracks I found—I found this washing-trough in a coal-hole under the stairs—the prisoner was not present—I afterwards took him—he said he had bought the trough for 1s. 6d.
Prisoner's Defence. I saw a man in the road; he asked me to buy a washing-trough; I said I believed my wife wanted such a thing; I had but 1s. 6d., which I gave him.
NOT GUILTY .
THOMAS BUCKLE . I am in the service of John Cutts. On Saturday night, the 28th of Oct., I had the boards now produced safe on my master's premises—they are my master's, and were in a ground where we were building a house, at New Hampton—I missed them on Monday morning—I left them close in a corner about five o'clock on Saturday night, and set some doors before them.
Prisoner's Defence. I was going home from a public-house on Sunday, and saw the boards lying in a ditch; I took them home.
GUILTY . Aged 39.— Transported for Seven Years.
JOHN HUNT , general dealer, Off-alley, Strand. I had an ass in the stable in the Adelphi-archway—I locked it up between eight and nine o'clock at night on the 15th of September—I went again the next morning—I found the lock of the door broken, and the ass gone—on Friday, the 3rd of Nov., I saw it again at Mr. Picton's, at Risborough, in Buckinghamshire—the prisoners kept the next shed to my stable—they worked at the same labour that I did.
JOB MULLINS (police-constable F 123.) On the 15th of Sept. I saw the prisoners going along the Strand, about ten minutes to three o'clock in the morning—they had an ass with them—I stopped them, and asked where they were going with it—they said, to the Hampstead-road to do a job, and they had hired it to bring home some soot—I knew the ass, and said, "It is the
green-grocer's donkey, in Off-alley"—one of them said, "Yes; you know me very well; it is all right"—I let them go on.
HENRY DOWLING . I live at Uxbridge. About two o'clock in the afternoon of the 15th of Sept. I saw both the prisoners with the donkey—they asked if I wanted to buy a donkey—I said I had no use for it—Marlow said I should have it for a sovereign—I asked if it wan their own—they said yes——I asked if it would trot—they said, "Yes, and draw too"—I gave them 20s. in silver—I was rather dissatisfied, and went down after them, and got their names—I gave the paper to Mr. Murray the week after—I sold the donkey on the 8th of Nov.—it was the same I bought of the prisoner.
Taylor. Q. Did you get any name? A. No—the other prisoner gave me his name on the paper—I did not see Marlow give you any of the money, but you were both together.
CHARLES JAMES MURRAY . In consequence of some advertisement, I made inquiries, went to Dowling, and he gave me this paper—(read)—"Mr. Reading, 1, Silver-street, received of H. Dowling £1. G. H. WEBB."
Marlow. I left London on the Friday—I could not get any work in Kent, and we started away and went down to Northampton.
Taylor's Defence. I never had a donkey in my possession.
MARLOW— GUILTY . Aged 23.
TAYLOR— GUILTY . Aged 18.
Confined Four Months.
SARAH ANN WASHINGTON , widow, Witney-passage, Commercial-road. On the 3rd of Nov. I saw the prisoner in my yard—she asked a friend of mine, who was there, if she would let her go to my water-closet—she was there two or three minutes—I then saw the calico on the ground close against her feet—she had a shawl on—I said, "Halloo, where did you get this?"—she said, "Across the road, but don't say anything"—I shut the door, and sent for a policeman.
STEPHEN FAWCETT . I keep a linen warehouse in Bedford-place, Commercial-road. This is my calico, and has my private mark on it—I saw it outside my door at half-past eleven o'clock in the morning of the 2nd of Nov., and missed it about a quarter to twelve—Mr. Washington's house is not a quarter of a mile from mine.
Prisoner's Defence. The calico was given me by a young woman.
GUILTY . Aged 24.— Confined Three Months.
103. MARY ANN BRUNT, ELLEN SMITH , and CHRISTOPHER MAILE , were indicted for stealing, on the 21st of Oct., 1 pair of boots, value 45. 6d., the goods of Thomas Ager; and that Smith had been before convicted of felony.
JOHN GEORGE . I live with Thomas Ager, shoemaker, Crawford-street. Between two and three o'clock in the afternoon of the 31st of Oct., Smith and Brunt came to the shop—Brunt asked to look at a pair of boots—she tried a pair on, and said they were too large—she then said she would not have boots, she would have pattens—Smith had a pair of boots in her apron, and asked if I had any like them at the price—I said we had not—Brunt tried on the pattens, which came to 8d.—the offered me 7d.—between seven and
eight in the evening I saw Brunt and Smith again, and Maile was with them—Brunt and Smith asked for a pair of boots that Brunt had tried on before that day—I got them out of the window, and then Maile and Smith had each a pair of shoes in their hand—they saw me, and put them back—I showed the boots I was asked for—Brunt looked at them, and gave them to me back again—I put them down, and turned round again—she asked me to get another pair, and when I went to get them, Maile had a pair of shoes in his hand again—a boy came in, and directly Maile saw him he put them down—he appeared to be tipsy—Maile said they should not have them that night, they would next day—Smith told me to tell him we should not open next day, and then he would have them that night—Maile went out first, and the others followed close together—there were some boots just inside the door—I did not see them take any—the boots produced are my master's, and were hanging inside the shop, about a yard from the door.
Cross-examined by MR. BAILANTINE. Q. How old are you? A. Fifteen—I can tell whether a person is drunk, or pretending—Maile did not talk as if he was tipsy—when he came in first he began to stagger about—it was dusk, but we have a light—I did not miss these boots till the officer brought them in the morning—I had seen them last at twelve o'clock in the day.
JAMES MILLS , pawnbroker, Edgeware-road.—About three o'clock in the day, of the 31st of Oct., Brant pawned these shoes, in the name of Anne King, Merle's-place, and said they were her mother's—in the evening she brought another pair—I asked her name—she said Stanmore, and she lived at Brompton—I afterwards saw her and Smith together in the passage in my shop—I asked Brunt then where she got the boots—she said they were given her by a girl, as she came out of the Park gates—I gave Brunt in charge, and as we were going Smith came up, and asked what I was going to do with her sister—I saw Maile at a distance—the officer went after him—another officer came up and took Smith.
GEORGE HIMBURY (police-constable D 102.) I took Brunt—she was crying, and said, "Don't take me, let me go home to my mother"—she said a girl and a man gave her the boots to pawn—I took her out—Smith followed, and overtook Brunt—she put an umbrella over her head, and said, "Shall I go and tell mother?"—I told her to keep back—then Brunt said, "There is the girl and man that gave me the boots"—I gave Brunt to Mills and secured Maile—I caught him—he ran from me—I caught him again—he struggled and kicked me.
Brunt's Defence. My father and mother had no victuals for the children.
BRUNT— GUILTY . Aged 12.— Confined Three Months.
SMITH— GUILTY . Aged 13.— Confined Nine Months.
MAILE— NOT GUILTY .
ANN HOCKLEY . I am the wife of William Hockley—he is coachman to Mr. Elliot M'Naughton, of Old Park-street, Paddington—the prisoner lived there some time since—I had two 10l. Bank-notes, which I got from Messrs. Hoare's banking-house—I kept them in a locked box on the drawers in my room over the stable, which joined Mr. M'Naughton's house—I kept the key of my box—I lost one of the notes on Tuesday, the 11th of July—about half-past eleven in the morning of the 10th of July, the prisoner came to the stable to see me—I asked her to go with me the next day, the 11th, to
put a 10l. note into the savings' bank—she was to have come at ten o'clock, and she came between ten and eleven—I had been to the box on the Monday morning before she came, and the notes were safe then—I went to my box, when she came on the Tuesday I found one note, but could not find the other—I had left the box locked—I saw the prisoner go into my room on the Monday—I was not with her—she used so often to come that I trusted her with any thing—I was in the loft—I kept the box in the room I slept in—I saw the prisoner go into the room—she staid there about ten minutes or a quarter of an hour—I spoke to her about missing the note—she looked about, and said it was very odd it should be lost, and seemed surprised—she had seen me go to the box, and saw what I did—she saw me take money out frequently—I went to Messrs. Hoare's, and got the numbers of the notes on paper—I went to Titchbrook on the 15th of August, and saw the prisoner—I asked her to come to London, and she refused.
Cross-examined by MR. BALLAMTINS. Q. It your husband here? A. No—I missed the note between ten and eleven o'clock on Tuesday the 11th—I saw it safe on Monday morning—the prisoner has never lent me money—I have never had any money from her—I know of some of her clothes being pawned, but I never pawned them, nor received any money, the produce of the pawning—people told me her clothes had been pawned—I had no other visitors on that Monday—there was a man helping my husband, but he was not in the room—he was not allowed to go in—I was not in the room to see whether he was there or not—I was in the loft while the helper was cleaning the chaise—the prisoner had not been in the room when she came to see me—I saw her go in afterwards—she remained ten minutes or a quarter of an hour—I will swear she was in the room five minutes—the door was open—I had a a view of the room—there are thirteen or forteen stairs from the loft to the room—I could not see the door from the loft—when she came out of the room she came into the loft to me—she only remained there a short time—she said she was going into the room before she went—I did not ask her what she went in for—I got these two notes from Messrs. Hosre's about the 20th of June, for a cheque of Mr. Saltwell's—my husband knew of my receiving it when I came home—I did not say anything to him about the two 10l. notes till I missed one—I had no occasion to tell him—I usually kept the money, and he made no inquiries about it—it was money which my mother left me—he had nothing to do with it—he has had part of it as well as myself and children—I intended him to have part of it—I and he have had no quarrels about this money—he has not been angry about my receiving more than I told him of—we have had no words till I lost this note—he has not accused me of knowing something about it, or being the party making away with this note—I was not asked at the office about what passed between me and my husband respecting this money—I was not asked whether I had not charged him with taking the note—he and I have had differences about the money since I lost the 10l. note—I do not know whether I have talked to the prisoner about the differences—I did not say, "That rascal of a husband of mine gets hold of all my money"—I never said that the money I got from my mother my husband got hold of, or any thing of the kind, nor that if he knew I had two 10l. notes, he would take them, or would get hold of them—I was to have taken one note to the savings' bank on the Tuesday—I could only take one, because I had some things to pay with the other—my husband did not know at that time what money I had—I did not tell the prisoner what I was going to do with the other 10l. note—I did not know myself—I did not tell her I was going to pay some accounts—I have dealt with Mr. Pitts nearly twelve or eighteen months—I never changed notes with her—I have changed sovereigns—I
have only been to her place once with the prisoner, that was when I took home some dresses of my children which misfitted—I cannot say exactly how long it was ago—I never said to the prisoner or to any one that if the prisoner would give me the 10l. note I would not prosecute her—I changed the other note to pay bills—I cannot say whether I handed any part of it to my husband—this is the cheque—here is my name on it.
RICHARDSON MATTISON HARRISON , cashier at Messrs. Hoare's, Fleet-street.—On the 20th of June I paid a cheque of Mr. Saltwell's for 76l. 4s—I gave four 5l. notes and two 10l. notes, Nos. 40482, and 40483, and some cash—this is one of the notes, No. 40483.
ELIZABETH MEADOWS , hosier, Crawford-street.—On the 10th or 11th of July, a person came to our shop—I should not like to say it was the prisoner—she was served by my sister—she gave me a 10l. note for what she purchased—I gave her nine sovereigns and some silver in change, and gave the note to my husband—I wrote the name and address she gave me on the note, "Mr. West, Seymour-place"—this is the note—it has my writing on it.
Cross-examined. Q. I believe you are sifter to Ann Pitts? A. Yes, I have seen the prosecutrix, as a customer, once or twice—I never saw her about the note—I believe the note was traced—Mr. Meadows, of Woolwich, came to me about it—I do not know the prisoner as a customer—I generally serve in the shop.
ANN PITTS . I am sister to Elizabeth Meadows. On the 10th or 11th of July the prisoner came into the shop—I am sure it was her—she purchased some baby linen, and gave a 10l. note to Mr. Meadows, and gave the name of Mr. West, Seymour-place—in Aug. I went with Mr. Hockley, to Titchbrook, and saw the prisoner and two other persons—I knew the prisoner again, so as to be able to point her out—when Mr. Hockley got in, she said to the prisoner, "I suppose you know I have lost a 10l. note?"—she said, "Yes, a 10l. note"—Mr. Hockley said, "I suspect you have taken it"—the prisoner was asked to come to London—she wanted to know who would pay her expenses—Mr. Hockley said they would be paid, no doubt—she said she would not come, as she expected to be confined—I went up stairs, and saw two boxes—I took from them two baby's gowns and two caps, that were purchased at our shop—they have our marks on them, and the time the 10l. note was given.
Cross-examined. Q. Did you make any memorandum of the sale of these things? A. No—we sell a great many things of this description—I am able to say these particular articles were purchased by the prisoner—there are no particular marks on them—I had not known the prisoner as a customer, nor seen her before to my knowledge—a sovereign would more than pay for these articles—Mr. Meadows and myself, and my sister, serve in the shop—I first heard of the loss of the 10l. note about a month after, from Mr. Meadows, of Woolwich—Mr. Hockley came to the shop, and told me she suspected two persons, one was a Mr. Bush, who lived opposite; but when we described the party that had changed the note—she said it was one of the persons she did suspect—she did not tell me she had an opportunity of taking it—I told Mr. Hockley she was a tall, thin person, that she had on a brown check dress, a black apron, and green ribbons—she did not tell me what reason she had for suspecting Mr. Bush.
WILLIAM CHING (police-constable D 97.) I apprehended the prisoner at Titchbrook. I told her it was for stealing a 10l. note from Mr. Hockley—she said she had been accused of it before, and it was very hard she
should be taken for it; she knew notthing about it—these things were given to me—the said she bought them some time before Mr. Hockley lost the 10l. note.
NOT GUILTY .
NEW COURT.—Tuesday, November 28th, 1843.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 15.— Confined Three Months.
GUILTY . Aged 18.— Confined Four Months.
107. CAROLINE MATTINGLEY and ELIZA CLEVELAND were indicted for stealing 5 forks, value 2l. 10s.; 19 spoons, 11l. 10s.; 3 saltcellars, 5l.; 2 fish knives, 2l.; 2 knife rests, 10s.; 3 snuff boxes, 3l.; 2 quilts, 15s.; 2 table cloths, 5s.; 3 table napkins, 6s.; and 1 scarf, 1l. 6s.; the goods of Richard Lindley, the master of Mattingley.
MR. BALLANTINE conducted the Prosecution.
JOHN HEAVISIDE LINDLEY . I am the son of Mr. Robert Lindley, musician, Percy-street, Bedford-square—Mattingley was in his service about twelve months—I know Cleveland by her coming to our house by the name of Cooper—she used to come very frequently while Mattingley was in our employ—Mattingley had the care of the keys of the plate-chest, in consequence of the ill health of my sister, and had access to the plate we afterwards missed—Cleveland was in the house in July—in consequence of a communication from my father, on the 19th of Oct., I spoke to Mattingley, in presence of my sister—I afterwards made a further communication to her, about telling me all about it—I examined my father's bureau on the 19th of Oct., and the plate-chest—I missed all the plate, except a silver cream-jug and one other article—amongst it were some forks, spoons, and salt cellars, a fish-knife, two knife rests, and three snuff boxes—I knew nothing about the plate till my attention was called to it, and then I found it was gone.
Cross-examined by MR. HORRY. Q. I believe the greatest confidence was placed in Mattingley? A. Yes—she has been left in charge of the house and plate, and everything has been found right on the return of the family—there might have been things missed and re-placed again.
JOHN HUGHES , shopman to Mr. Dobree, pawnbroker, Charlotte-street.—I produce two table, forks, pawned on the 29th of July, in the name of Mary Ward, No. 10, Steven-street; likewise two table spoons, on the 31st of July, for 12s., in the name of Mary Ward—I know Mattingley by light—I have seen her in our shop—she has pledged a cruet-frame—I cannot say whether she is the person who pawned these things, nor whether the same person pledged them on both occasions.
Cross-examined. Q. The cruet-frame was redeemed shortly after she pledged it? A. Yes—it is three or four months since it was pledged.
MR. BALLANTINE. Q. Have you any doubt she was the person who pledged the cruet-frame? A. Not at all.
PETER ALLEN , shopman to Mr. Franklin, Tottenham-court-road.—I produce one table-spoon and one gravy-spoon, pledged on the 19th of Sept., two dessert spoons on the 22nd, one fork and two salt spoons on the 21st, all
pawned by Cleveland in the name of Ann Ward—I am sure she is the person—there has been something on the forks which has been erased.
JAMES GOLDER , shopman to Mr. Franklin, of Tottenham Court-road. I produce three silver salt-cellars, pawned by Cleveland, on the 19th of Aug., for 1l. 15s., in the name of Emma Lambert; three table-spoons, pledged by Cleveland, on the 24th of Aug. and the 17th of Oct.; two dessert forks, on the 30th of Aug., by Cleveland, in the name of Ward, Steven-street; and a fish-knife, by her, on the 27th of Sept., in the name of Ward—I asked her how she came by them—she said they were left her by her friends.
ROBERT WATKINS , shopman to Mr. Attenborough, Charlotte-street.—I produce a table-spoon, pawned on the 16th of Aug., for 5s., in the name of Ward; two dessert forks, on the 28th of Aug., in the name of Ward; and two dessert spoons, for 6s., in the name of Ann Cleveland—I have seen both prisoners in the shop—I do not recollect whether either of them pledged these articles—both of them have pledged plate at our house—I have not seen them there together, to my recollection—they said they were their own property.
Cross-examined. Q. Was a candlestick pledged with you, and redeemed? A. Yes, and pledged again.
MARY MORTIMER LINDLEY . I am the prosecutor's daughter. This plate it my father's, and was in his possession at the time the plate was in Mattingley's care—I do not think any person could have removed it without her knowledge—she had the key—the plate had been removed by opening the box with the key, and in the ordinary manner—these articles were not in daily use—my father was out of town, and I was too ill to tee any one—I have missed wearing apparel and sheets, which have not been traced.
Cross-examined. Q. Do you know that Cleveland was in the habit of going about the house? A. Yes.
MR. BALLANTINE. Q. Was she intimate with Mattingley? A. Yes—she came to visit her—her visits were tolerated by me.
GEORGE JOHN RESTIEAUX (police-constable E 49.) I took Mattingley into custody—I had warned her to attend at the office, and she did not—I left Cleveland in custody, and went after Mattingley, and she said, "I have confessed"—I said, "Hold your tongue, what you say to me will, in all probability, be used against you"—she said, "I am guilty, I pledged some of the things, but had nothing to do with, the money, and never derived a farthing's benefit from it"—Cleveland said she had not pawned any of the plate, and the young man who had identified her, meaning Peter Allen, must be mistaken—both prisoners made a statement on the first examination—this is Mr. Long's handwriting to the statement, and also the signature to the depositions—(read)—"On the first examination, Mattingley says, 'I don't care what you do with me.' Cleveland says, 'I have taken nothing clandestinely from any one.'—On the second examination, Mattingley says, 'I am innocent of the money; that is all I have to say.' Cleveland says, 'I have nothing to say more than I did before.'"
Cross-examined. Q. Do you know that money had been lost some time before? A. Yes, and Mr. Lindley could not appear.
Cross-examined. Q. Did your father send you up stairs, and you find the bureau open? A. Yes—I missed the money after that—a 10l. note was lost out of the bureau, and on the Thursday the plate was missed.
Cleveland's Defence. I pledged part of it; it was given me by Mattingley, but I never received a halfpenny of the money; she said, "No harm will come of it, I have a friend who will lend me some money;" the gentleman did
not ask me if they were left by a relative; I said they were ray own; she told me what name to pawn them in—there have been other persons in the house.
Mattingley. I gave her the property, and she brought me the money.
(Mary Ann Harley, Exmouth-street; Elizabeth Buckland; Joseph Warren, shoemaker, Kirby-atreet, Euston-square; and Sarah Woollett, of Crown-street, gave Mattingley a good character.)
MATTINGLEY— GUILTY . Aged 26.
CLEVELAND— GUILTY . Aged 28.
Transported for Seven Years.
JOHN GEARY . I am a tobacconist, and live at Manchester-house, Holloway-road. At half-past nine o'clock, on the 28th of Oct, I was in the back of my shop—I heard a noise, went out, saw the shop door open, and missed a case of cigars from the counter—I went out, and saw the prisoner with it—I called out, and he threw them down.
MATTHEW SHOOSMITH (police-constable A 122.) This is Mr. Greenwood's handwriting—I heard the prisoner say what is here—(read)—"The prisoner says, 'I took them to get a little money to get clothes, to go on board ship.' "
Prisoners Defence. I did not know what I was saying; I did not have the cigars.
GUILTY . Aged 19.— Confined Three Months.
JAMES THORNE . I am potman at the Plough at Kensington. The prisoner was in my master's employ—I left this watch and chain safe in the drawer a week before the 27th of Oct.—I did not miss it till the 30th—I found the prisoner in little Grove-street—I said I wanted to speak to her, and, as we were walking, she said, "What do you want?"—I said, "You know"—she said, was it the watch I wanted—I said that was just what I did want—she said she would fetch it—I would not allow her, and it was brought to me, by her direction, by another woman, whom she sent for.
Prisoner. He lent me the watch. Witness. It is false—I never lent it her in my life—I did not know that she knew where it was.
GEORGE ANDERSON (police-sergeant D 186.) I took the prisoner—she said, "Oh, Jem, you will not give me in charge, when you have got your property?"—he said, "I have not, where is the sixpences?"—she said she would give him 5s. not to take her—in going to the station, she said she did not steal the watch, and only took it in a lark—I asked her about the sixpences—she said, "I put them into my bosom with the watch, and I lost them."
(The prisoner put in a written defence, stating that the prosecutor had behaved improperly to her, in consequence if which she left; and on her refusing to meet him, he had charged her with stealing the watch, which he had lent her.)
NOT GUILTY .
About four o'clock, on the 20th of Nov., I saw eight hens, and one cock safe—I missed them between five and six o'clock, when I went to the hen-house—I found the doors open—the three prisoners were at our house between five and six that day—these two heads belonged to two of my uncle's fowls.
Cross-examined by MR. BALLANTINE. Q. Did these prisoners come in together? A. Yes—one of them had a large fustian jacket—I saw Dearing go out while the others remained drinking—Dearing returned in ten minutes or a quarter of an hour.
RICHARD ROADNIGHT (police-sergeant T 11.) I heard of this—I went and overtook the three prisoners and another man—I began to search Barrett—Woods got over a hedge—Dearing was out in the road—there was another officer with me—I went into the field, and found a fustian jacket in the ditch, about five yards from where Woods got over, and two fowls were in the pocket of it—these are the heads—I could not find Woods that night.
WOODS— GUILTY . Aged 30.
DEARING— GUILTY . Aged 22.
Confined One Month.
BARRETT— NOT GUILTY .
GUILTY .— Confined Five Months.
GUILTY . Aged 20.— Confined Three Months.
113. JAMES THOMPSON was indicted for stealing 1 watch, value 6s.; 1 watch-ribbon, 1d.; 2 trevets, 5s.; 2 pairs of shears, 3s.; 2 shuttles, 2s.; the goods of Thomas Niall: and 1 trevet, 2s. 6d.; the goods of John Figgiss; to which he pleaded
GUILTY . Aged 26.— Confined One Year.
GUILTY . Aged 32.— Confined Three Months.
JOSEPH PALLETT . I live in Norton-street. Between one and two o'clock in the morning of the 3rd of Nov. I was walking in Regent-street, and was accosted by the prisoner—after walking to the corner of Margaret-street, she put her hand round me—I felt her hand draw from my right-hand trowsers' pocket—I felt, and missed my money—I accused her of robbing me, and held her hand till the policeman came, and found a portion of the money in her hand—on the way she dropped a crown-piece, which the policeman took up—I then missed my pin from my stock—we had stopped at the corner of Margaret-street and Portland-street—this is my pin.
MR. PAYNE. Q. How far did you walk with her? A. Some distance up Regent-street—nothing passed between us—I did not stop at the corner of the street more than three minutes—I felt the money in my pocket a short time before—I think she had been drinking—I had had a glass or two, but was sober—I do not think the pin could have fallen out of my stock.
JOHN MILES (police-constable E 131.) I heard a cry, and came up—the prosecutor said he was robbed of a crown-piece, two half-crowns, and one shilling—I took the prisoner's hands—in one she had a half-crown, and in the other a half-crown and a shilling—we took her to the station—on going about 100 yards she said she would sit down, she would be carried—I insisted on lifting her up, and the 5s. piece dropped from her person—I took her to the lamp, and my brother officer took the pin out of her bosom.
GUILTY . * Aged 25.—Recommended to mercy— Confined One Year.
116. FREDERICK WYLES was indicted for stealing 1 metal cock, value 6d.; and 5lbs. weight of leaden pipe, 6d.; the goods of Jemima Farmer, and fixed to a building; and that he had been before, convicted of felony; to which he pleaded
GUILTY . Aged 48.— Transported for Seven Years.
117. JOSEPH BARNES and JOHN NIONS were indicted for stealing one handkerchief, value 3s., the goods of a certain man whose name is unknown from his person; and that Nions had been before convicted of felony.
WILLIAM DEAN STEWART . I am a porter, and live on Bread-street-hill. Between three and four o'clock, on the 9th of November, I went to see the Lord Mayor's show—I saw the two prisoners following a gentleman to the corner of Bridge-street—I there saw Nions take from his pocket what I thought was a handkerchief, and pass it to Barnes—I followed them to St. Paul's-churchyard—I there saw Nions take another handkerchief, and give it to Barnes—I told the officer; but previous to that they had stopped and spoken to a female with a brown cloak on—I have not been able to find the person from whom they took the first handkerchief—I had no officer with me.
Nions. I asked you what colour the handkerchief was; and you could not tell. Witness. I could not see—there was a handkerchief found on Barnes, but I do not know anything about it—I did not call an officer at first, because I saw you follow another gentleman.
OLIVER DEATH (City police-constable No. 201.) I took the prisoners, and found this handkerchief in Barnes's left-hand trowsers' pocket—he was asked if it was marked—he said no—when we came to examine it, it was marked "H."
Barnes's Defence. I gave 3s. 6d. for the handkerchief to a man who walked about the street with a great many on his arm.
BARNES †— GUILTY . Aged 20.— Confined One Year.
NIONS*— GUILTY . Aged 21.— Transported for Ten Years.
EDWARD WELLS, JUN . I am the son of Edward Wells, who keeps the Sir Hugh Myddleton public-house, Myddleton-place, Clerkenwell. This pot is his property—I did not give it to the prisoner, nor authorise him to take it.
GEORGE FISHER (police-constable G 153.) I picked this pot up on the step of a door in River-street—I saw the prisoner put it there from under his breast coat—I asked what be put there—he said, "Nothing," and afterwards he said he picked it up, and kicked it out of the way to make room for the foot passengers—he pulled from his coat-pocket one quart pot, and one pint pot from another pocket.
Prisoner's Defence. I was coming out of the theatre, and at the corner of two buildings these two pots were lying; I could not see what name was on them; I was going to put them down, but had not time; I put down one, and put the others into my pocket; I had no intention of stealing them.
NOT GUILTY .
GEORGE FISHER . I found these two pots on the prisoner—he said he was returning from the theatre, he saw the pots, and took them, intending to return them to the owner the next day, and he thought it was a hard case that an honest fellow like him should be locked up.
GUILTY . Aged 29.— Confined Three Months.
NEW COURT.—Wednesday, November 29th, 1843.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 32.— Confined Six Months.
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 20.— Confined Six Months.
123. GEORGE RUSSELL was indicted for stealing 1 1/2 lbs. weight of cheese, value 1s.; 5lbs. weight of lard, 3s. 4d.; 21bs. weight of dripping, 6d.; and 1 basin, 2d.; the goods of George Hoby; to which he pleaded
GUILTY . Aged 22.— Confined Three Months.
124. ELIZABETH CHITSON was indicted for stealing 2 sixpences, 3 pence, 20 half-pence; 1/2 an ounce of tea, value 6d.; 2 pieces of crape, 1s.; 1 pair of snuffers and extinguisher, 6d.; and 1 goblet, 8d.; the property of Sarah Crisp Ruth Lavender, her mistress; to which she pleaded
GUILTY . Aged 44.— Confined Three Months.
GUILTY . Aged 24.— Confined Three Months.
GUILTY .— Confined Ten Days.
MR. CLARKSON conducted the Prosecution.
JOHN SAMUEL BORLINDO , grocer, Whittington-place, Holloway. The prisoner lived next door to me—my daughter, Frances Emily, is sixteen years old—I found she became intimate with the prisoner, and cautioned her not to do so—on the 31st of Oct. I received from my son John three duplicates, one for a counterpane, which I had missed—I gave the prisoner into custody that evening.
Cross-examined by MR. WILKINS. Q. Can you tell ma whether, at that time, your daughter was unwell? A. She was suffering under an illness about that time—I had a doctor to attend her—I have not charged my daughter with little acts of pilfering—I have been under very uncomfortable suspicions—I have never charged her with taking money out of the till—money was abstracted from the till, and I knew it must be somebody about me—I have expressed suspicion, but not charged her—I have not given the baker notice not to trust her—the baker's wife gave me notice not to trust his daughters—I have never cautioned Mr. Land, the baker—I have never had any conversation with him—I have never cautioned him against trusting my daughter, to my recollection.
FRANCES EMILY BORLINDO . I am the prosecutor's daughter, and am sixteen years old—till within a few months ago I was living with him—I went once to my mother, who lives separate from my father—my father has cautioned me against being acquainted with the prisoner, and not letting her come to the house—she has persuaded me to go to her house—about twelve o'clock on Monday, the 5th of June, she came to me at home, to ask me to go to Greenwich—I was unwell—she saw a counterpane under the bed, and as she had not got any money to pay, she said, "Take this, your father won't miss it"—she took the counterpane to pawn—I should not have allowed her to take it, if she had not persuaded me—she took my beads, a spoon, and a cloak—she took them all away with her—she came back again about four o'clock, and then I went over with her to her house—she said she was going to send the things to the pawnbroker's, to make money on them—she sent them while I was there by Margaret Bonner, who returned with some money, which the prisoner told me was 1l. 4s—it was spent in going to Greenwich on the Tuesday—her husband and myself went with her—I did not tell my father of this—she charged him with my going, and he paid her 3s. 8d. as my share of the expenses—I did not tell him I was going to Greenwich fair—we said we were going to the Thames Tunnel—we went there and then to Greenwich.
Cross-examined. Q. Did not the prisoner tell Bonner she was to pledge these things, and get some nourishing things for you? A. believe so—my father has charged me with robbing him of things from the shop once or twice—he has not cautioned Mr. Land, the baker, that I know of—I first told my mother of this, six weeks ago—the prisoner told me, as my mother had left my father, she thought the things left behind were mine, I told her so.
COURT. Q. Did you first say, "These things are mine," or did she tell you? A. She told me so first—I am quite sure of that.
MR. WILKINS. Q. Did not you, in the first instance, say it was you who first told her? A. I do not remember—I thought as mother had left the things were mine—I thought so for some time after she suggested it—we were talking about them some months before they were pawned.
MARGARET BONNER . I was in the service of a person in Archway-place, Holloway—the prisoner asked me to pawn a cloak, a counterpane, flannel, and stockings for her, and said they were to get nourishment for Miss Borlindo—I pawned them at Ganson's, at Holloway, in the name of Mr. Lander.
Cross-examined. Q. I believe Miss Borlindo was by at the time? A. No.
JOHN BORLINDO . I am the prosecutor's son—I heard him caution my sister not to become acquainted with the prisoner—I delivered three duplicates to my father on the 30th of Oct.—I got them in Oxford-street, where my mother lived.
Cross-examined. Q. I believe your father has charged you with robbing him? A. No, he has expressed suspicion.
FRANCIS ELSOM , shopman to Mr. Ganson. I produce a counterpane, some flannel, a cloak, and four pair of hose, pawned on the 5th of June for 1l., in the name of Ann Lander; a dessert spoon and beads, pledged the same day for 8s., in the same name.
JOHN SAMUEL BORLINDO re-examined. These are my things—this flannel has not been in my house, but it has been paid for to the tally-man—this is my counterpane—it was at my house in June last—there was a cloak also belonging to my daughter in the house in June—it was not missed till some time after, when my wife sent for it—this spoon is my daughter's, and was the gift of her mother—I gave her the beads—there was no female to meet the doctor but the prisoner—the initials, F. E. B., are on the spoon.
NOT GUILTY .
JOHN SAMUEL BORLINDO . This chintz and these two gowns are mine—this chintz was in my house—my daughter had access to it—I did not authorise her to give it to the prisoner, or the prisoner to take it—in July my daughter was ill—she was not in need of any necessaries or clothing that I was aware of—I was not applied to by the prisoner to know whether these things were taken by my knowledge—these gowns are my wife's—they were the dresses she had when she was married—she left them when we separated—I received a duplicate of the gowns from my son John.
Cross-examined by MR. WILDE. Q. When did you last see the chintz? A. In the spring, in a box or drawer—my drawers were not generally locked—my daughter was not in the habit of making up dresses for herself, out of old dresses of my wife's—she has used some things.
FRANCES EMILY BORLINDO . In June last the prisoner came to me when I was in my brother's bed-room—this chintz was in a box under my brother's bed, and the two dresses in another box—my father did not know they were there—the prisoner asked me to let her have these dresses to show a young friend of hers, and she said, "Some of this chintz will do to cover my sofa"—I did not say anything—she took the dresses, and showed them to her young friend, and they were kept at her house for some time after—I did not authorize her to sell or pawn them, nor receive any portion of the money—I was with my mother because I was ill—the prisoner kept 1s., and paid it to the tally-man towards the flannel—she pawned the flannel, and the money was spent in going to Greenwich.
Cross-examined. Q. Was that flannel to have been for your purposes? A. Yes—my mother never left any other things but these—I did not tell any one the prisoner had got the gowns till she was had up—I did not tell my father about them at the time of the transaction with the tally-man—the prisoner gave me a black silk bonnet, and an old black dress which was made to fit me.
JURY. Q. Did you consent to her taking the chintz for the object she mentioned? A. Yes.
MATILDA BONNER . I am wife of John Bonner, Archway-place, Holloway—I pledged these two gowns on the 12th of August, at Mr. Ganson's, for 6s—the prisoner told me to take them, and told me she had bought them, and wanted money to get some nourishing things for Miss Borlindo.
MARY ANN BORLINDO . I am the prosecutor's wife, and live separate from him. I gave three duplicates to my son to give to my husband—I got them from my daughter—she did not wish my son or my husband to know of them.
NOT GUILTY .
129. ROBERT QUINTON was indicted for stealing 2 boxes, value 2s.; 8 bottles, 1s.; 2lbs. weight of curry powder, 5s.; 1lb. weight of castor oil, 15s.; 2 pints of rose water, 5s.; 2 pints of pickles, 5s.; 156 ivory letters, 1l. 10s.; 10 toy figures, 3l.; and 2 knitting cases, 3s.; the goods of James Matthews and another.—2nd Count, of William Challis and another.
MR. DOANE conducted the Prosecution.
THOMAS HARRISON . I am clerk to Austin and Co., Custom-house agents, Lower Thames-street. I directed Conyngham, the carman, to have some goods removed from the West India Docks—I had seen the goods there—I told him where he was to take them—I have since seen the case of goods in the custody of the police—this is the package I saw in the West India Docks—it was consigned to Grindly, Christian, and Matthews—I was employed by Austin and Co. to send it to Grindly's—it contains the things stated—they are worth about 10l.
Cross-examined by MR. BALLANTINE. Q. Who is James Matthews? A. One of the firm of Grindly, Christian, and Matthews—I know nothing about these articles, except from the bill of lading, which I have not here.
COURT. Q. You know the cover? A. Yes, and this is the package.
RICHARD CONYNGHAM , of Church-lane, Limehouse. I received instructions from Harrison to take a case, which he pointed out, from the West India Docks—I saw it safe in one of my carts—I employed Still to take it to Grindly's.
Cross-examined. Q. Do you know the prisoner? A. I have seen him—I do not know whether Still was in the habit of employing him—I never saw him with Still that I know of before that day—he might have walked along with him—I have seen a person I was told was the prisoner's brother—I know him by sight—it was another brother of the prisoner, who works for Mr. Holly, told me so—I saw that brother with Still, about four o'clock that day, at the West India Docks—they came to after delivering a
puncheon of rum—I paid them for what they had done—the prisoner and his brother then rode up in the cart with this bale of goods—I gave them some half-and-half at a public-house—there was no necessity for Still having a second person to take the bale of goods—there was a lad who always goes with him—I gave the directions myself to Still—the prisoner and his brother were with him at the time—I told him, in their presence, that this bale of goods was for Grindly and Co., and that it was to be left at Messrs. Grindly's, in Cornhill, that he was to have a receipt from Messrs. Grindly, and to be sure to bring it back, which they always do—they all drove off together—they asked if I would have any objection to the prisoner and his brother riding up the road as far as they went—I said, "Ride up as far as you are going"—the one who I believe to be the prisoners's brother has absconded.
ALEXANDER STILL . I am carman to Mr. Conyngham. On Thursday, the 26th of Oct., he told me to take a package of goods from the West India Docks—the prisoner was standing by the cart at the time, and his brother was there—by directions of Conyngham, I took the package of goods to Cornhill—when I got to No. 16, Cornhill, I found in the lower part of the house the business of a tailor carried on by Challis and Co.—I went into the shop first—they told us to put it in the passage—I put it in the passage—the prisoner's brother assisted me—the prisoner was sitting in the cart—the package was placed in the passage of the private door—Pickiss, the lad, showed us where to put it in the passage—I did not go in to get the bill receipted, the prisoner's brother did, and I went in behind him—he went into the shop with the delivery paper—I had it from him before he came out—I saw the paper signed—I then went on to Princes-street, with the prisoner and his brother they left me there, and said, "Good night"—I never saw them again till the prisoner was taken.
Cross-examined. Q. What became of you after they left you? A. I went to Farringdon-street, and then to Parliament-street, Westminster—I did not go into any public-house after I left them—I knew the prisoner's brother by sight for about a month before—I might have known him by sight for a twelvemonth, but not to have any doings with him—I had no communication with him before that morning—I might have said, "Good morning," when he was in the yard, but never had any conversation with him—he might have said, "Good morning," to me, that was all—I never met him in a public-house till that day, I am certain—we were in a public-house two or three times that day, when we delivered our rum, and abont a quarter to three o'clock we stopped at a house in Holborn—I asked the prisoner to recommend me a man who understood it, and he recommended his brother, to take a hogshead of rum to General Mead, in Bryanston-square—that was about twelve o'clock—I had seen him quite early—when we finished the job at Bryanston-square we went into a public-house, and then to the Docks, for my master to pay them—I did not tell him I had got another job—I did not know that I bad it till I went in to my master for a receipt, and then he gave it to me—I have not seen the man that went with the prisoner and me that day—we have been looking after him—I have not heard from him—the receipt was signed by Mr. Challis.
MR. DOANE. Q. Have you got the receipt? A. This is it—we got back to my master's, from Bryanston-square, about ten o'clock—I went to my master's between ten and four, and then heard I was to take this to Cornhill.
ROBERT PAUL PICKISS . I am errand-boy to Challis and Phillips—they are tailors—Grindley and Matthews have offices over their shop. On this evening I remember the packet of goods coming in a cart for Grindley and Co.—Still came into the shop—I told him to put it about the middle of the passage—there
is a door from the back of the shop that leads to the passage, and then a door to the street, which is kept open for persons going up to the offices—the case was put in the middle of the passage—they went away, and the cart drove off—about ten minutes after I saw the prisoner and another man standing in front of the private door, in the street—I went close to them, and heard the other man say he would meet it round there—he moved his hand in the direction of the Bank—I was then forced to go out with a parcel—I returned shortly after, and the prisoner was in custody in our shop.
Cross-examined. Q. The passage leads from the private door to the stairs? A. Yes—the box was left at the bottom of the stairs—Grindly and Challis have both a right of way up the passage—the workpeople come in that way to the shop.
MR. DOANE. Q. Is it a swing-door? A. Yes—it is fastened open all day, till about seven o'clock at night—this was about twenty minutes to seven.
CHARLES TOWNE . I am under-foreman to Wm. Challis and Stephen Phillips—Mr. Challis has only one partner—Grindly and Co. havt offices over the shop—I did not see the cart drawing up—I remember Still coming in, and asking my master if he would take in a parcel—I saw Pickiss go round to tell them where the parcel was to be placed—I told him to show them—after I had understood it was put in the passage, the other man came in and got the paper signed by my master's father—Still came in too—about five minutes after Pickiss said something to me, in consequence of which I looked out, and opposite the private door I saw the prisoner and the other man there—the other man waved his hand—I did not bear what they said, I did not notice them after—I sent the boy out with a parcel—about a quarter of an hour after I heard a rumbling in the passage—I went out at the side-door leading to the passsge—I saw the prisoner and the other man taking away the package—the other man got off—they had got the package outside the door—when the other man ran away, the prisoner had the package—he followed him about a minute or two after the package was dropped by the other man, and the prisoner dropped it after I laid hold of him—he got from me—I pursued, and saw him stopped by the policeman.
(William Ferry; Edward Warren, a cow-keeper; and Edmund Taylor, a cow-keeper; gave the prisoner a good character.)
GUILTY . Aged 43.— Confined One Year.
Devonshire-street, Commercial-road—I there gave her a half-crown to get some supper, which she did, and returned with some half-and-half and some porter—she gave me 1s., and I gave her a half-crown for a night's lodging—we went to bed—I heard a noise, and on getting up, I found my trowsers had been taken from under my head—I had four 5l. notes and four sovereigns, and other money in the pocket—I ran down stairs—a woman came past—I took hold of her, but it was the wrong person—there was a little girl in the room besides the prisoner—I had my money safe when I was in the room—I am sure of that—and one of the notes has been traced—I got the notes from the firm of Bartlett, Harriss, and Dixon, coal factors.
WILLIAM LEE (police-constable K 268.) I took the prisoner—I said it was for robbing a man of four 5l. notes, and some money—she said, "I should have liked to have had it"—I said, "Do you know anything of these new clothes?" which I now produce, and which were in her room—she said, "They are my sister's"—I said, "Who bought them?"—she said, "I did"—I said, "Where did you get the money?"—she said she had saved it—she had four or five rings on her fingers, and she had a key on her—she said she found that in the street.
FANNY NEEDHAM , of Richard-street, Commercial-road. On the 20th Nov. the prisoner took my room, she said she was married—she furnished the room with all new furniture—I saw her change a 5l. note at Mr. Marks's, the chinashop—this is the key of my room-door.
THOMAS WILLIAM HEWITT , clerk to Larkin's and Son. This note was taken by Mr. Larkin—he gave it to me, and desired me to attend here—Marks took this note to Wilson on Thursday night, and on Friday morning Wilson paid it to my master—Wilson is not here.
Prisoner's Defence. I met this man, he was intoxicated, and was very sick; he said, "This is not a good room." I said, "I have not a better to go to, or money to get it;" he said if I was a good girl, he would give me two 5l. notes to get it; he gave me some silver, but what I do not know.
JAMES CAFFREY re-examined. I was not drunk—after I drank the half-and-half I turned very sick directly—I was not sick before I drank it—I did not give her this money—when I was going to bed I twisted it up in my watch-pocket.
GUILTY . * Aged 21.— Transported for Seven Years.
RICHARD BENJAMIN TAYLOR , of Pleasant-place, Bethnal-green. The prisoner was in my employ—it was his duty to account to me for all the money he received. On the 21st of Oct. I sent him to Mr. Morrisson, in Fore-street, Cripplegate, for an account—he never came back—if he received 8l. 13s. he did not pay it me—he ought to have done so the same day—I know the signature, Spires, to this paper.
Cross-examined by MR. PAYNE. Q. How soon did you see him again? A. Not till the following Monday, when he was in custody—I asked what he had done with the money—he said he spent part of it in treating a person,
and lost the rest—he gave me a leaf torn out of the book—there were some sums that had been paid, and some that had not.
JAMES PRING (City police-constable, No. 128.) I was on duty—the prisoner came and told me his master's name—he said he had received the money, and had spent or made away with it; he had done wrong, and asked whether I would take him, or whether he should go to the inspector—I took him to the station.
GUILTY . Aged 21.— Confined One Year.
ANNIE SARAH DEAN . I am servant to Mr. Robert Lowe, baker, of Mount-street, Grosvenor-square. The prisoner was employed as a charwoman—I missed a sheet on the Saturday, and when she saw the policeman coming in she produced it from under her clothes—it is my master's—it ought to have been in the drawer in the kitchen.
Prisoner. It was on the dresser, not in the drawer; I admit it was. under my clothes, but I did not intend to steal it.
(The prisoner received a good character.)
GUILTY . Aged 29.— Confined Three Months.
MR. DOANE conducted the Prosecution.
MARY GAUNT , widow, Church-street, Baker-street.—On the 3rd of Nov. I had been dining in Baker-street—in the evening my niece came to go home with me—I left a little before eight o'clock—I crossed over from Baker-street up Crawford-street, near Bryanston-square—the first thing I noticed was the prisoner Russell looking me in the face—I had a purse containing a sovereign in my pocket—I had seen it safe a short time before—soon after Russell looked me in the face a gentleman came and made some communication, in consequence of which I felt in my pocket, and missed my purse and sovereign.
Cross-examined by MR. WILKINS. Q. I believe the first time you saw the prisoners you thought Aston was the man? A. No—I always said the same, because I knew Russell before—if I did point out Aston I meant Russell, I was so frightened.
MR. DOANE. Q. Had you seen Russell before? A. Yes, and Hughes also—Russell is the only man I can speak to as having looked me in the face.
I was in Baker-street that night—I saw the prisoners together—I had frequently seen them before—I saw the prosecutrix with her friend—the prisoners were behind them—I was on the opposite side of the way—I came up to them first on the same side of the way, then I crossed, over-took them, and watched them from Baker-street—they went on the same side of the way that I first saw them till they got to Madame Tussaud's—Hughes then parted from them, went to the next turning, and waited till the ladies had passed him—the other two were following the ladies—they all three followed on till they got to Crawford-street—they then crossed Gloucester-place—I saw Hughes stoop down and lift up the prosecutrix's dress—the other prisoners were close behind him—I saw the prosecutrix's dress sticking up behind, and after a short time it dropped gently down—the prisoners then turned back, and turned the corner into Gloucester-place—I went after the prosecutrix, and spoke to her—I looked for a policeman—I met two together, and told them—I went with them to the New-road, and saw the prisoners coming along Circus-street leading to the New-road—they were secured—I saw Mr. Gaunt at the station—she pointed out one of the three prisoners—I thought she meant Aston.
Cross-examined by MR. BALLANTINE. Q. Were you not quite certain before the Magistrate that she pointed to Aston? A. I believe she pointed to him—she did not touch him—I have no doubt that she meant Aston—I do not keep men, I have only my own son—I have lived where I do thirteen years—I was watching the prisoners for about ten minutes—I was not desired by the police to watch, it was an accident—I had not seen any of the police previously—when one prisoner committed the robbery the others were behind him as close as they could possibly be—nobody behind could see it.
Cross-examined by MR. WILKINS. Q. Do you deal in old metal? A. No, I have been in business twenty years, and perhaps during that time I have bought a couple of hundredweight of old metal—I have not bought a ton—I buy brass and gas-pipe—I do not buy lead—I have bought a little copper, perhaps, amongst brass—I have drank with Hughes—I was always as positive of his lifting the prosecutrix's dress as I am to-day—I swear that, I told the police all I could say was, that I saw Hughes stoop down, and shortly after I saw her dress lifted up—I met the policemen in Harcourt-street, coming out of the station—the prosecutrix said the sovereign she lost was not a new one, but was rather dirty.
GEORGE THORNTON (police-constable D 109.) Price spoke to me in Har-court-street—I went to the top of Circus-street, and met the three prisoners there—I took Aston—the other officer with me took the other two—I told Aston I wanted him for a robbery in Baker-street—he said he had not been in Baker-street—I took him to the station, and found on him half-a-sovereign and one shilling—I searched Russell, and in his right hand pocket found a sovereign, and in his left hand 17s. 4 1/2 d.—the prosecutrix said it was a dark sovereign she lost—the one I found was a bright one.
Cross-examined by MR. BALLANTINE. Q. Did not she say, in express terms, it was not her sovereign? A. No—she pointed out Aston as the person who locked in her face—Price was there at the time—he had the same opportunity of seeing it that I had—I did not know anything of Price previous to this.
JOHN BAINBRIDGE (police-Constable D 105.) I took Russell and Hughes—Russell said, "I think you are mistaken"—Hughes said, "What do you want me for?"—I told him for robbing a lady in Crawford-street—he said, "I think you will find yourself mistaken"—I found 20s. in silver, and a penknife on him.
Cross-examined by MR. WILKINS. Q. How soon after Price gave you information did you come up to these men? A. I should say between eight and ten minutes—he would have had to go 300 yards to get where he was—I heard the prosecutrix say the sovereign was a dirty one.
HUGHES— GUILTY . * Aged 23.
RUSSELL— GUILTY . * Aged 23.
ASTON— GUILTY . * Aged 20.
Transported for Ten Years.
SAMUEL STEVENS . On Saturday, the 28th of Oct. I saw a quantity of thrashed barley in my barn, in my farm-yard at Stanwell—one barn-door was locked and one unlocked—about four o'clock on Sunday morning the policeman called me up, and showed me the barley—it was mine—I have not the least doubt of it.
Cross-examined by MR. PAYNE. Q. If it had been shown you at some distance, would you be able to swear to it? A. I could have sworn to it from the remainder in the barn—I have since compared the two together—the bulk resembles that shown to me.
EDWARD GODFERY (police-constable 73.) About eleven o'clock on Saturday night, the 28th of Oct., I was on duty at Stanwell, and heard a conversation with the prisoners—I hid myself in a watering-place—Groves came into the place—Wood came to him, and asked whether he was going anywhere that night—Groves said, "Yes, I want to go where we were talking about"—Wood said, "No, not to-night; I have got no tackle that will do for that"—Groves said, with an oath, "I will go and get into old Jackey's barn; I will lay there all day, and I will get a skin or two"—Wood said, "Do you mean a sack"—Groves said, "Yes, I will get in by day, and lay all day, and come out at night"—Wood said, "That won't do"—Groves said, "Yes, it will; I will get a sack of barley; that will be 4s. 6d. a-piece"—Groves said, "I shall want a bit of candle and a few matches; I can get it at old Jane's "—they went away—I followed them to Jane Sedgwick's house, watched them, and gave information to the sergeant—we watched till about three o'clock on Sunday morning—I then saw them come out—Groves went round the village—I followed him, and lost him—I then went with the other officer to Mr. Price's farm—it was all right—we then went to the prosecutor's, and saw the barn-door open—I saw Wood come out of the barn, and go round behind the barn—the sergeant followed him—I heard a noise, and suspected that he had run away—J went into a cart hovel, and found the two prisoners there—I called them by name—neither of them answered me—the sergeant came and took Groves—I found in Wood's pocket a piece of candle and a key—the sergeant then showed me the corn they had dropped.
Cross-examined. Q. How long had you been in the watering-place? A. It might be five minutes—Groves sat close to my feet—Wood was leaning against the place—they did not find me out—I made a memorandum of the conversation.
ROBERT HENRY RIGARLSFORD (police-constable D 26.) I received information, and fetched Butler—we went and watched the house of Jane Sedgwick—I saw the two prisoners come out—we went round to Price's farm—all was correct there—we then crossed to the prosecutor's, and saw the door open—I saw Wood come out, between three and four o'clock—I followed—he went towards a back barn door, where Groves was standing—they each took up a
sack, and appeared as if they heard somebody coming, and each dropped his sack—the sacks contained barley, which I showed to the prosecutor.
Cross-examined. Q. How near were you to them? A. Ten or twelve yards—it was a starlight morning—there was no moon—I took Groves into the cart hovel—they were with the sacks against the back barn door—I tracked the prisoners from old Jane's to the farm-yard—I saw the sacks of barley on their backs—the straw had been taken from the back barn door, and the sacks placed on the straw, and they leaned back, and took them—I saw them bring the sacks five yards, drop them down suddenly, and run into the cart hovel.
WOODS— GUILTY . Aged 40.
GROVES— GUILTY . Aged 20.
Confined Eighteen Months.
EMMA LANE . I am servant to James Harbour. On the 3rd of Nov. the prisoner came to our house—he asked for some biscuits which had been left in a mistake—I said I would go and see—I went, and asked my mistress—she said there had been none—soon after I missed half a pound of tea from a chair in the hall—I had seen it safe five minutes before—there had been no one in the hall but him—I must have known if there had.
JOHN TURNER (policeman.) I took the prisoner, and told him it was for a robbery at Cambridge-terrace—he said he knew nothing about it, he had not been there—next morning he asked me whether I thought there would be two indictments against him, or one—I said I thought there would be two, as both the young women swore to him.
ISAAC SPREADBOROUGH (policeman) I was jailor on the 3rd of Nov. in Har-court-street station—the prisoner asked me if either of the girls saw him take it—I said, "Not to my knowledge"—he said, "I don't care so long as I am not fully committed for it."
Prisoner's Defence. I was told to go and ask if there had been a bag of biscuits left, which I did; she only opened the door, and asked her mistress; she was in the passage the whole time.
NOT GUILTY .
SARAH ROBERTS . I am servant to Gerrard Hay Robinson. On the 3rd of Nov. the prisoner came for a bag of biscuits that had been left in the morning by mistake—we had none—after he was gone I missed a walking-stick and umbrella from the hall—no one else had been there between the time of my seeing them safe and missing them—I went down stairs to inquire about the biscuits—the umbrella was my master's—the stick belonged to Mr. M'Nish, a friend of my master's.
Prisoner's Defence. That was one of the houses that I went to; I stood there till she came; I did not go out of the place, nor take them.
GUILTY . † Aged 18.— Transported for Seven Years.
Sixth Jury, before Edward Bullock, Esq.
MR. WILKINS, on behalf of the prosecution, offered no evidence.
NOT GUILTY .
RICHARD TEWKSBURY CHAMON , wine-merchant, Charlotte-street, Fitzroy-square. On the 7th of Nov., about half-past three o'clock in the afternoon, I saw the prisoner, who was my servant, coming from the cellar, where he had no business—I asked what he was doing—he made no reply—he walked up the area, and appeared to me to be buttoning his trowsers—I said, "There is something wrong, what is it?"—he made no reply—I took a bottle of ale up by him—I said, "I will give you in charge"—he said, "I deserve it"—there was no ale there before he passed—it is my ale.
Cross-examined by MR. WILDE. Q. How long had he been in your employ? A. Eight or nine months.
NOT GUILTY .
ELIZA REEVES . I am single, and live in Blackfriars-road. About eleven o'clock in the morning of the 11th of Nov. I was in the Strand, near Templebar, with my sister—I felt a pull at my pocket—I turned immediately, and caught the prisoner with my purse in his hand—he said, "I have not got it"—I said, "You have"—he rumpled it up in his hand—I tried to get it from him—he put his hand behind him, and let it fall—I saw that, and took it up—a gentleman came and took hold of him.
Cross-examined by MR. BALLANTINE. Q. You were very much agitated? A. Yes—I carried my purse in my pocket under my dress—I said to the prisoner, "That is my purse"—he said he had not got my purse—I had felt it quite safe in Fleet-street—he must have put his hand into my pocket to have got it—I had a shawl on, and my muff in my hand.
MARY ANN REEVES . On the 11th of Nov. I was walking with the prosecutrix, near Temple-bar—I heard her call out, I turned, and she was scuffling with the prisoner, and endeavouring to get the purse which he had in his right hand—I saw part of it, which was spangled with steel beads—he put his hand behind him, and dropped it—I held him while my sister stooped for the purse—two gentlemen came up, and I told them to hold him tight.
Cross-examined. Q. Did it drop before the two gentlemen came up? A. Yes—I did not see him drop it—he put his hand behind him—it was a black purse with steel beads.
FRANCIS STANWAY (City police-constable No. 311.) At eleven o'clock on this morning, I received information, and went to a shop in the Strand—I found the prisoner there—the prosecutrix pointed to him, and said she had lost her purse, and that was the person who took it—he said he picked it up off the ground—this is the purse.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Four Months.
JOHN M'DONNELL , labourer, Devonshire-street, Lisson-grove. On Tuesday, the 31st of Oct., about five o'clock in the afternoon, I was at the Marquis of Anglesea, at the corner of William-st. and Devonshire-st., drinking with the prisoner—I knew him before—I was not sober nor drunk—he seemed sober—he left first—I went home about half-past six, and missed a coat, waistcoat, and cloak from a box in my room—the box was not locked—my son told me something, in consequence of which I went to the prisoner, and asked him to give me my things—he said he knew nothing about them—I said I would get a policeman, and then he said, as far as he knew, they were pledged in Boston-fields—I found the clothes in this place—they would not own at first that they had them, but I went again with the policeman, and they said they were all right—these are my things.
WILLIAM FRENCH . I am the son of the prosecutor's wife; I live in the same room with them; he has a box which he keeps his Sunday clothes in. On the Tuesday afternoon the prisoner came and knocked at the door—I opened it, and he asked if Mr. M'Donnell was at home—I said no—he said he came to borrow a hod, he had a job to go to—I said he would not be home till half-past six o'clock—he was standing over the box at the time, and I was splitting some wood—I then heard a noise, and heard the lid of the box fall—I went to strike a light, and he rushed out sideways at the door—he was half-way out before I saw him—about ten minutes afterwards another man came—I had got a light then—he asked for Mr. M'Donnell—he stopped about half an hour—he did not go to the box, I am sure of that—I saw him go out—the prisoner came again that evening, and asked if Mr. M'Donnell was at home—I said he was not, and he went away.
Prisoner. Q. When I went up, was not the man in the room with you? A. No, not the first time.
WILLIAM JAMES BENGER , shopman to Mr. Powell, pawnbroker. I produce a coat and waistcoat, pawned between seven and eight o'clock in the evening of the 21st of Oct., I do not know who by—I gave a duplicate for it.
Prisoner's Defence. I know nothing about it; when he came to me I said I knew nothing about it; he gave me some beer; I said I would find it out if I could; his wife asked if I would give the tickets up; I said I knew nothing about them.
WILLIAM FRENCH re-examined. I saw these things in the box on Tuesday morning between eight and nine o'clock, and they were missed the same night—I came home about four—no one had been there from the time I came back, except the prisoner and another man—I went to bed at six—what took place between nine and four I do not know.
NOT GUILTY .
JOHN BATES . I am waiter to Henry Thomas Bromley, of the Brecknock Arms, Camden-road. About eleven o'clock, on the 13th of Nov., I hung two dead pheasants in the passage leading from the front door to the garden—I missed them between eight and nine—I had seen them safe at six—I gave information—I
saw the prisoner and a person named Roberts in the house about twenty minutes before I missed them.
cross-examined by MR. HORRY. Q. Had there been a great many persons in your house? A. Yes; there had been a race—there were about 200 persons about—the road where these pheasants were found is a new road—there are no lights in it.
WILLIAM RANSLEY (police-constable N 61.) About eight o'clock that evening I was in Maiden-lane, about 100 yards from the prosecutor's—I saw the prisoner and a man named Roberts—they passed me, and I saw something in the prisoner's right hand which appeared to me to be fowls—in about a minute I received information, and went after them—they turned into the new-road—it was very dirty—I walked after them, in the clean part—they walked in the middle of the road—I overtook them, and said to the prisoner, "Powell, you have got the worst road"—he then turned with his face towards me, put his right hand behind him, and dropped something—he then turned into the lane—I went to see what he dropped, and found two pheasants—I took them to the prosecutor's—Bates knew them—I afterwards found the prisoner standing outside the Brecknock (he went back to the house)—I asked if he had seen these birds before—he said, "No. "
Cross-examined. Q. It was dark? A. Yes—I knew the prisoner before—he passed me, walked on, and did not stop—he saw me—I did not stop him, because I wanted to see what he dropped—I did not take him, as Roberts might have taken up the birds, and I should have lost him and the birds too.
Cross-examined. Q. How do you know it? A. By the number of knots in it—I could not untie it, and I put them in a slip loose.
(The prisoner received a good character.)
GUILTY . Aged 38.—Recommended to mercy.— Confined Two Months.
JOHN ARCHER . I keep the Pewter Platter in Cock-hill, Ratcliff. On the afternoon of the 14th of Nov. I saw the prisoner in the passage, coming out—the parlour-door was between her and me—she put herself on one side, to keep out of my sight—I went into the bar—she came forwards to me then, and asked for a person named Fitzgerald—I said I knew nothing about him—she passed by my bar—I missed a saucepan from the scullery, and sent a person after her—she was brought back with the saucepan—she said she was sorry.
GUILTY . Aged 21.— Confined Fourteen Days.
ELIZABETH BLACKALLER . I am the wife of Thomas Blackaller, of Essex-street, Hoxton; the prisoner is a neighbour's child, and occasionally came to my house. On the 6th of November I saw my daughter Caroline's shawl in her box, at four o'clock in the afternoon—the box was not locked—about
six in the evening the prisoner came to my kitchen—I left her there alone—she went out—about eleven on the Wednesday morning I went to the box and missed the shawl—no one had been in there since the prisoner—I had some suspicion, and on Thursday I fetched the prisoner to my house—I asked if she had seen the shawl, and would give it me again—she said she knew nothing about it—I saw it in possession of Wood—this is it.
JAMES WOOD (policeman.) On Thursday morning, the 9th of Nov., the prisoner was given in charge—I asked what she had done with the shawl, she said she had not had it, and did not know anything about it—I searched her parents' room where she lives, and found this shawl between the bed and the sacking.
Prisoner's Defence. Mary Ann Blackaller came round to me on Monday, and asked me to go to a concert, but first to go to her house and see some fireworks; she told me to come on Tuesday night, and to look underneath the bench, and I should find something, and to take and pawn it; I should have half the money, and we should go to the play; she said if I would be half the money to get it out, I should get it out on the Saturday night.
GUILTY . * Aged 17.— Confined Six Months.
BETSY PUGH . I am the wife of Charles Pugh, a tailor, in Marylebone-lane. On the afternoon of the 10th of Nov. I put a half-crown and shilling into my work-box on the table—I had a sixpence on the mantel-piece—I took particular notice of the sixpence in the morning, when I received it from the butcher—I left the room—the prisoner lodged in the next room, but had no business in my room—after I left my-room I heard the door shut, and a person go down and shut the street-door—I did not see who it was—there was no other person up stairs in the house except the prisoner—I went up to my room about five minutes after for the sixpence, and it was gone—I missed the half-crown and shilling from the box—I had pot them there about ten minutes, and when the prisoner came home in the evening I accused her—she said I might as well accuse a child as her—I said I would get a policeman, and she said I might—I then got one.
Prisoner. There were persons in your room. Witness. There was no one but my sister—she came and paid me some money in the morning, and took away her little boy, which I had to nurse.
Prisoner's Defence. I went out, looking for work; it was very wet, and I thought I would pledge my scarf; on my coming home the landlord said there was some unpleasant business; I said, I knew nothing of it; the prosecutrix said if I gave her the money which she lost, I should go free. I said I would do nothing of the kind, for what I had I pawned my scarf for.
JURY to MRS. PUGH. Q. How long have you had the sixpence? A. I took it about eleven o'clock of Miss Elton—I remarked it very much—Miss Elton told me it was a very good one—there is a mark on it like a W.
NOT GUILTY .
NEW COURT.—Thursday, November 30th, 1843.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 17.— Confined Six Months.
146. EDWARD BASSETT was indicted for stealing 2 coats, value 6s. 6d.; 1 pair of boots, 10s.; 1 hat, 4s.; 1 apron, 6d.; 1 breast pin, 9d.; 1 handkerchief, 3d.; and 1 neckerchief, 3d.; the goods of Richard Vear; to which he pleaded
GUILTY . Aged 20.— Confined One Year.
GUILTY . Aged 18.— Confined Nine Months.
JOHN BYCROFT , linen-draper, Leicester-square. On the 2nd of Nov. I had a roll of flannel on the grating outside my shop at twelve o'clock—I did not miss it till the 3rd, when it was produced by Conway—here is my mark on it—it has not been sold—we always take the mark off when sold.
Cross-examined by MR. DOANE. Q. How many persons in your establishment sell goods? A. Eight or nine—the length is marked on the ticket—it has not been put on since.
JAMES BUNN , cabman, Leg-alley, Long-acre. On the 2nd of Nov. I was in Long-acre about four o'clock in the day—my cab was called by Skinnick—she was alone, but as soon as I drew my cab to the curb Williams followed her—they asked me what I would take them to Petticoat-lane, Whitechapel, for—I said 2s—they got in—Williams had got a great bundle of something covered up—we were stopped abont three parts of the way down Petticoat-lane by the policeman—I was sitting on the dickey—the policeman got in, and desired me to drive to the station—I did so—another policeman was outside with me—they were both in private clothes—at the station I saw the bundle was a roll of flannel.
MICHAEL CONWAY (police-constable H 138.) On the 2nd of Nov. I was on duty in Petticoat-lane—I saw Bunn driving his cab with the prisoners inside—I stopped the cab—I found this roll of flannel—I drove to the station with the prisoners—I asked where they got the flannel, and Skinnick said they did not know—the cab-man said he took them up in Long-acre—I went there and made inquiries till I got to the prosecutor's.
Williams's Defence. I was in Long-acre, when I was met by a woman who gave me the bundle; I saw Skinnick; I asked her to call a cab, and asked her to ride with me; she did.
(Skinnick received a good character.)
SKINNICK— GUILTY . Aged 20.—Recommended to mercy.— Confined One Year.
WILLIAMS— GUILTY . Aged 20.— Confined Six Months.
149. MATTHEW COLLINS was indicted for stealing 8 half-crowns, 20 shillings, 20 sixpences, and 6 groats, the monies of Joseph Walton.—2nd COUNT, stating it to be the monies of the Company of proprietors of Waterloo-bridge .
JOSEPH WALTON . I am one of the toll collectors at the Middlesex end of Waterloo-bridge. I was on duty on the 11th of Nov. at night, about five minutes before twelve o'clock, the prisoner came up to me—he appeared to have been drinking—he sat in the toll-house on a chair just within the door way—I knew him before—I count over my money every hour—I counted the money I had received during the last hour—it was 9s—I put it with other money I had received in the course of the day—the total receipts amounted to 12l. 8s. 3d.—I put the canvas bag of money in the drawer—I did not fasten the bag or lock the drawer—there was a cab just coming up at the time, and I was obliged to run out—the driver was driving on without paying, and very nearly knocked the hat off my head—I got into a dispute, which detained me five or six minutes—on my return the prisoner rose from his seat, shook hands with me, and bid me good night, and went away—a person named Carr was, standing outside the toll-house—in consequence of what he said I counted over my money again—I missed 2l. 12s. in half-crowns, shillings, sixpences, and fourpenny pieces—there had been a man and woman in the toll-house before the prisoner came in—they were there three or four minutes—I had not left them alone at all—I am employed by the Company of proprietors of Waterloo-bridge to account to them for the receipts—I have paid them the whole amount of 12l. 8s. 3d., so that if any loss is sustained it will be mine—Carr picked up a fourpenny-piece off the floor of the toll-house between where the prisoner had sat and the drawer.
Cross-examined by MR. CLARKSON. Q. Who was the man and woman sitting in the toll-house? A. I think their name is Moore—I was acquainted with them—they had never been in my toll-house before, to my recollection—I do not know where they live—I know where their father lives—they were going home, and stopped to speak to me—I have not been to the father's to bring them here—Spillman the publican lives about 150 yards from the toll-house—I do not know what has become of his pot-boy—I have heard there are parties who have been offering him money to swear that he brought me ale—he told me so—I saw him last on Monday—I had had some beer that night, at nine o'clock, with my supper—there was only my fellow-servant with me taking toll outside—Spillman's boy brought the beer—that is all the beer I remember having that night—that was a pint between two of us—my fellow-servant drank with me—I had no beer between that time and twelve o'clock—I did not give any body a penny for bringing two glasses—Spillman's boy brought two glasses about five o'clock—it was not after nine—I had no ale after nine o'clock, I swear—I have known the prisoner five years—I had got into a squabble with a man that night; but I was not drunk—Moore works at Maudsley's—I never went there and saw him; but I have seen him come so often over the bridge, night and morning, and I thought he went there—it is my duty to keep an entry, on a sheet of paper, of the tolls produced every hour—I have not got the paper here—I produced it before the Magistrate—to the best of my recollection the tolls of the last hour were about 9s—I cannot swear it—I put it down on the paper, after I came from the cab-man—that was about twelve o'clock—my last hour had expired a few minutes when I had the quarrel—I had received 12l. 8s. 3d. during the day, from one o'clock—I cannot recollect the amount of any one hour's receipts—it was between 1l. and 2l.—the prisoner was at the toll-house about a quarter of an hour—I was away part of the time—the people that had been there before had not been sitting down—the
prisoner showed me a leg of mutton that he had bought—I do not know that he said he was going to take it to his daughter—I had never left him in the toll-house alone before, to the best of my recollection—he has not been there frequently talking with me—I had no drink with him, and he had none in the toll-house—he had apparently been drinking.
JOHN CARR . I am private watchman of the precinct of the Savoy, and live in New-church-court, Strand—I went to the toll-house a little after twelve o'clock on the morning of the 12th of Nov.—Walton was on duty as collector there—I saw the prisoner sitting on a chair in the toll-house—soon after a cab attempted to evade the toll—Walton came out to take it—I was standing at the toll-house, and heard the jink of silver—I turned round to the door, and saw the prisoner with the drawer open, and the canvas bag in his hand—he said, "This is what I have been looking for," or "looking at"—I said, "I suppose it is all right?"—he replaced it—he dropped the bag into the drawer, and shut the drawer—when Walton came up he bid him good night—I told Walton what I had seen—after the prisoner went away, Walton counted the money, and while he was doing that, I picked a fourpenny-piece off the floor, and gave it to him—I was called from the toll-house to the gate, and took the toll while he counted the money—the fourpenny-piece laid exactly between the chair where the prisoner sat and the drawer.
Cross-examined. Q. How long have you been a watchman? A. Nearly ten years—I was a policeman in the T division before that, and Was discharged for refusing to take charge of a party in a case of obstruction while I was off duty—I told the party to look for a person on duty—that was the only cause—there had been complaints for absence from duty—I had been two years and a half in the force—those were the only two reports that were entered against me—the superintendent has the privilege of settling trifling cases, without coming before the commissioners—I was reported for being drunk perhaps a couple of times—I swear it was not a dozen times—it was but twice—once I was fined 2s. 9d., and once 1s—all the reports must go before the commissioners, but I never was but once before the commis-sioners, and after that I was turned off—I never was drunk when on duty—I was reported for being the worse for liquor, not for being drank, or inca-pable of doing my duty—since I have been a watchman I hate given up being drunk—I and Walton have had a little drink together, but not lately—we had no drink that night—I came on duty at nine that night—I did not see two clean glasses brought.
THOMAS HARBISON , compositor, Wych-street, Strand. I went to the toll-house about ten minutes past twelve o'clock that night—I called on Walton—I found Carrat the gate, taking the toll—the prisoner was sitting inside the toll-house—I talked to Carr outside—I heard a jingle, as of money in a bag, and a kind of scramble—Carr left me abruptly, and I lost him—I looked round, and saw him in the toll-house—he said to me, "I wonder what up is doing with that bag"—I said, "Tell Walton of it"—then the cab came up, and that took Walton away—Carr picked up the fourpenny-piece.
Cross-examined. Q. Had you been in the habit of sitting there? A. Yes—I was there about three minutes that night.
JOSEPH WALTON re-examined. I only counted the hour's money in the prisoner's presence—I had counted the whole at nine o'clock—we were to aake up our accounts every eight hours—there had been no one in to have access to the bag after nine o'clock—I had only counted the hours in addition at ten and eleven o'clock, as they came in—I put it down on paper—I swear the amount I have named was in the bag when the prisoner came in, because I
had had no one in but Moore and his wife—the place was not left fora miuute till the prisoner came in—before I commenced counting, I announced to Carr and Harrison, in whose presence I counted it, what sum should have been in the bag—I counted up the hours, and said I should have 12l. 8s. 3d. in the bag.
THOMAS HARRISON re-examined. I heard Walton state that there ought to have been 12l. 8s. 3d.—he counted it twice, and then he said, "I am done"—the chair in which the prisoner sat was in front, and to his right hand the drawer of the table that the money was in—I should think he could reach the money without rising from his seat—it is merely a span of a place.
JOHN CARR . I heard the prosecutor say, before he counted the money, what he ought to have—I do not recollect the sum—he said there was 2l. 10s. deficient—I said, "You are flurried, count it again"—he did to, and said 2l. 12s.
(Robert Hanson, carman, Granby-street; John Peel, engraver, New-cut, Lambeth; John Loveland, a shoemaker, Cornwall-road; William Clark, Ayliff-street, Kent-road; James Buttress, a bricklayer and builder, Henry-place, Kennington-common; Ann Cornish, widow, Hounslow; James Watts, coal-merchant; and William Temple, Commercial-road, gave the prisoner a good character.)
GUILTY . Aged 58.—Recommended to mercy by the Prosecutor.—
Transported for Seven Years.
Fourth Jury, before Mr. Recorder.
ESTHER LANE . I am the wife of Thomas Lane, and keep a Beer-stop, in Newington-crescent. About half-past three o'clock in the afternoon of the 2nd of Nov. I saw the prisoner reaching over the counter, with the till half out, and her hand on it—hearing the sound of money drew my attention—I said, "Halloo, halloo, what do you do with the till drawn out? you have been robbing me"—I found the money gone from the front part of the till, and I saw no other person—the prisoner said, "You wicked woman, for ac-cusing me so, I will never come into your house again"—she had had half a pint of beer, and been reading the newspaper—she opened her apron, and had two loaves of bread in it—she kept her right hand clenched—I did not follow her, for I was very much confused, and had no one in the house—she left the shop hastily—she lived a very little way from us—I am confident there was 13s. gone—6s. was in copper—there was some copper remaining in a bowl at the further end of the till, which she could not get at—when my husband came home I went to the prisoner's house—she put her fist in my face, and told me to get out, or she would kick me out—I said if she would give me up the money I should not proceed against her, or I should give her in charge—she said she would kick me if I did not go—an hour after I gave her into custody.
Cross-examined by MR. HORNE. Q. The prisoner is a washerwoman? A. Yes—I have known her about three months—when I heard the noise of money I was in the parlour, about a dozen yards from the bar—there was only me and my baby in the parlour—wheu I went out I saw Turner in a corner—I passed close by him—he was not playing at draughts—there was no person with him—my husband had left the bar five or six minutes—the pri-soner was outside the enclosure of the bar—about five minutes after she left her daughter came to inquire if her mother was there—there was no one in the place but Turner.
ROBERT TURNER , of Robert-row, Ball's-pond, Islington. I was in a room by the side of the bar—I heard the protecutrix say loudly to the prisoner, "You good-for-nothing woman, you have been at my till"—I saw two loaves in the prisoner's apron—her right hand was clenched—the said on leaving the bar, "You good-for-nothing woman, I will never enter your house again"—she left—no one was near the bar but the prisoner—the bar it where the beer is drunk, but there is a small apartment at the back of it for those who wish to sit down—it is capable of holding six or seven persons.
Cross-examined. Q. Where were you? A. In this small apartment, with my back towards the partition which divides the apartment from the bar—there is a space going all round the bar—I was behind the bar, and as soon as Mr. Lane raised the report I got up to ascertain what it was—I had to go two yards before I could see the till or see any person near the till—this small room is only divided by a partition, so that what is done in the bar could be heard in that room—I had been playing at draughts a few minutes previously with Mr. Lane.
ESTHER LANE re-examined. My husband was gone from the house ten minutes before he returned—he had gone to take beer to a building—he had not been to the till and left it open—I had such an observation of the bar when he went out as to be able to say so.
Cross-examined. Q. Were you inside the bar at the time your husband left? A. No; I was in a different position to Turner—I was sitting in the next room, which had a more complete command of the bar—I ascertained the contents of the till about a quarter of an hour before—I had counted 7s., and my husband took several shillings after that.
NOT GUILTY .
Sixth Jury, before Mr. Recorder.
DOROTHY TATE , tobacconist, High-street, Stoke Newington. On Tuesday evening, the 7th of Nov., Cornwall came to my shop for a quarter of a pound of Manilla cheroots—I asked who he wanted them for—he said, for a gentleman in Church-street, who had had two before—I took the box off the shelf, placed it on the counter, and was preparing the scales—he took the box off the counter, went to the door, and asked if they would do—I called to my sister to call, "Stop thief"—the box contained half a pound of Manilla cheroots, worth 12s—the box was afterwards brought back by a neighbour, quite empty and broken—the other pieces were found afterwards—it bad been thrown in the mud.
MARTHA JORDAN , of John-street, High-street, Stoke Nemington. About twenty minutes after nine o'clock I was passing the prosecutor's shop—I saw the two prisoners, with two others, loitering about the shop—I heard one say to the other, "I should like some of these," but what I did not stop to see.
ELIZABETH FRANCIS . I am twelve years old, and live in High-street, Stoke Newington—my mother keeps an earthenware shop opposite Mr. Tate's—on the evening of the 7th of Nov. I saw four persons loitering about her door—I watched them, and told my mother—I saw one of them go into the prosecutrix's
shop, and two remained outside—I heard Mr. Groves, Mr. Tate's sister, call out "Stop thief"—I then saw three boys running from the shop—the prisoners were two of them.
JAMES PLAYFORD (police-sergeant N 3.) I live in Wellington-street. On the 7th of Nov. I went to the Anchor beer-shop, in High-street, Newington—I searched a privy in the skittle-ground, and found Cornwall there, and one cigar lying on the top of the soil, and seven more outside the door, bid under some bricks—I said to Cornwall, "These look like the cigars you have stolen from Mr. Tate's just now"—he said, "You found none on me; I know nothing about them"—I took him to Mr. Tate's—she said, in his presence, "That is the boy that took them out of the shop"—Cornwall begged to be forgiven, and begged her not to go against him—I took Burnett between ten and eleven o'clock that night—he said he never touched the cigars, and knew nothing about them—I have fourteen more cheroots that Izzard gave me.
Cornwalls Defence. I was going to get a cigar, and met a lad named Dicker; he said, "Will you order a quarter of a pound for me? "I ordered them, and took them to the door; Dicker took them out of my band, and ran off; I ran after him: he went into the Anchor skittle-ground, and distributed them.
Burnett's Defence. I was at home at ten minutes to nine o'clock, and in bed by nine o'clock.
(Cornwall received a good character.)
CORNWALL— GUILTY . Aged 19.
BURNETT— GUILTY . Aged 18.
Recommended to mercy.—
Confined Three Months.
ELIZABETH DUTTON . I am the wife of Charles Dutton, who lives in the Colonade, Brunswick-square—this child in my arms is Charles Dutton the younger—he is three years and a half old—I had a shawl—I divided it into two parts, and put one part on the child, and when he was brought back he had lost the shawl and his pinafore.
ANN BEALE . I saw the prisoner on the 10th of Nov., from twelve to one o'clock—she was leading this child by the hand—he had part of a shawl on and a pinafore—I saw the prisoner passing my house next morning, in the direction to Mr. Dutton's, and some one said, in her hearing, "That is the person that bad hold of Dutton's child yesterday"—the prisoner turned and went back.
MARIA EAGLES , of No. 40, Collonade. Between twelve and one o'clock on the 10th of Nov., I saw the prisoner with the child, which had a shawl and pinafore on—I told Mr. Beale, next morning, that I had seen her with the child—the prisoner turned and walked away.
CHARLES DUTTON . I started the child about nine o'clock in the morning on the 10th of Nov.—I saw no more of him till the afternoon, when he had lost the pinafore and shawl—I had let him go to the door, to take the air—on
the 11th the prisoner was pointed out to me—I took her in the Guildford Arms—she said she had come to get a drop of water—I took her on to the station—she said she knew nothing of me, and she had bought this shawl ten months ago, in Monmouth-street.
(The prisoner put in a written defence, stating that she had purchased the shawl in Monmouth-street.)
NOT GUILTY .
BENJAMIN WILLIAM ALLEN , of Ebury-street, Pimlico. On the 28th of August I left my shop, between ten and half-past ten o'clock in the morning—I was gone two or three minutes, and on my return I saw the prisoner leaning over the counter, in the act of pushing in the till—he appeared rather confused, and asked me if I knew of an errand-boy's situation—while he was speaking I looked into the till, and missed some money—I said, "I don't know of an errand-boy's situation, but I know you have robbed me"—I missed some silver, and particularly a half-crown, as there was but one in the till at the time—he at first denied it—I said, "J am postive you have robbed me; so you had better give up what you have taken"—he then put into my hand a half-crown and three shillings—I took him to the station—he begged me to forgive him, and said if I did not, he should be sure to be transported—I was not quite certain what was in the till, but I think about 1 ls.—I know there was a half-crown.
Cross-examined by MR. BALLANTINE. Q. What were the exact words you used to him? A. I said, "You had better give up what you hare taken"—I am sure I used the word "taken"—I had not counted what was in the till, but I expected a person to call for 13s., and I had noticed the money not a minute before I went out—I am a bookseller and stationer—my wife serves in the shop, but had not served during the whole of that morning—I had had customers in the shop—I am positive there was but one half-crown in the till, and that was gone—I did not count the money which was left, but the policeman did—I swear that there was but one half-crown in the till—I had noticed it particularly in the bulk of the silver.
HENRY PAULING (police-constable B 185.) I took charge of the prisoner. I found nothing on him but two duplicates. Charlotte Htll, greengrocer, 25, High-road, Knightsbridge. I know the prisoner—I was in the court at Westminster when he was tried for robbing my till of 1s. 6d.—I was a witness—he is the same person—I produce a certificate of his conviction which I got from the clerk of the peace—(read).
GUILTY . * Aged 16.— Transported for Seven Years.
port wine—it is the property of Mr. Henry Plunkett Grattan—it was missed the next morning—this is it—I know it by the stains—the name was on it, but it has been cut off.
Prisoner. Other clothes might have a stain similar to that one, and of course there is more than one of one pattern. Witness. I do not know of any other cloth of the same pattern—we have no more—here are two large stains and one small one—I have not the smallest doubt of it.
HENRY HOBBS (police-constable S 174.) On the 4th of November I was called to take the prisoner at No. 5, North Bank, St. John's Wood—I asked him where he lived—he said at No. 9, Portland-cottages—I went to his father, and asked for his apartment—Bigot pointed out a drawer, in which I found a pocket-book and some duplicates—I took it to the prisoner, and asked if it was his, and he said it was—the duplicate of this table-cloth was in the pocket-book.
Prisoner. I bought the cloth in Monmouth-street.
GUILTY . Aged 28.— Transported for Fourteen Year.
(There was another indictment against the prisoner.)
WILLIAM FOWLER . I am the son of Thomas Fowler, a butcher, in Granby-street, Hampstead-road. I saw the prisoner looking in the shop—I went into the parlour and watched, and in a minute or two I saw a person's arm draw the saw from underneath the window—I ran out, and saw the prisoner running up Granby-street—he returned into Stanhope-street—this is the saw.
THOMAS FOWLER . I am the prosecutor's son. I was in the parlour, and my brother pointed out the prisoner, who was running—he turned the corner to Stanhope-street with his hands before him—there was nobody else there—I was one door from him when he turned—there were some large stones round the corner—he went behind them, then turned, met me, and said, "What is the matter?"—I said, "Where is the saw?"—he said, "How should I know?"—there was no one else running that way—he said he had met somebody running down Rutland-street, and I bad better make haste after him, but I had not seen anybody running—he pulled open his coat, and said, "You see I have not got it about me"—he said he lived at Mr. Peacock's at the Rutland Arms—I went and found he had lived there two years ago—he was let go that night because we had not found the saw—after nine o'clock that night I went to Stanhope-street to look for the saw, and it was picked up between the shafts of a cart, just opposite the corner the prisoner turned.
Prisoner. I was coming down Stanhope-street—I did not turn round—I came straight along. Witness. I saw him turn—he went behind some stones, but I saw his head—he then turned back.
stolen from the butcher's shop—I want with Thomas Fowler to look for it—we found it in Stanhope-street near some carts—Thomas Fowler told me in which direction the prisoner had gone.
Prisoner's Defence. I was coming from Cumberland-market along Stan-hope-street; about twenty yards from the end I met a man running; I got about ten yards further, and met the witness, who cried "Stop thief;"he said, "Did you see any one run up?" I said, "Yes, a man;"he said, "They have stolen a saw;" he went into a house and got a light, and when the policeman came up I asked him to search me; he said, "You have not the saw about you;" I said, "No, I have not seen it."
GUILTY . * Aged 21.— Confined Nine Months.
Fifth Jury, before Edward Bullock, Esq.
ALEXANDER CAMERON (police-constable N 91.) About six o'clock in the morning of the 7th of Nov. I was in the New North-road, Hoxton—the pri-soner passed me with six squares of glass under his arm—I stopped him, and asked what he had got—he said "Glass"—I asked him where he brought it from—he said from Mr. Lee, a builder, in Ball'i-pond—I asked where he was going to take it—he said to Newington-causeway—he was going in that direction—I took him to the station.
CHARLES LEE , of Alpha-cottage, Baits-pond. I am repairing a house at Newington-causeway—I employed the prisoner there—I believe these squares of glass are mine—I had such glass as this in the store-room over my stable—the prisoner was not authorised to take this glass anywhere—he had taken some things to the house at Newington-causeway—he had been at work the preceding day—it happened to be wetland he had the range of the stable.
Prisoner. I thought I should take things to the work; I did not know I was doing wrong. Witness. The glass was not wanted there—I had the glazier there before, and repaired all the glass.
GUILTY . Aged 23.—Recommended to mercy.— Confined Two Months.
157. JOHN SHEEN , LAWRENCE RILEY , and WILLIAM GILBERT were indicted for stealing 80lbs. weight of coals, value 10d., the goods of William Consett Wright; and that Gilbert had been before convicted of felony.
HENRY JOSEPH KING (Thames police-constable.) On the afternoon of the 6th of Nov., between four and five o'clock, I was at a wharf at Ratcliff—the three prisoners came along the shore, and got upon a coal barge lying aground at Ratcliff and each threw some coals out down on the, shore—they got off the barge on the shore—I and Griffin walked round, and met Sheen and Riley, one carrying a can containing some coals, and the other a bag—we took them—Riley said he bad not taken any coals, that Sheen took them, and asked him to carry them—I found it was the Spring barge, belonging to William Consett Wright—I found some coals by the side of it—both Sheen and Riley said they did not belong to them, but that Gilbert threw them out, and told them to mind them or he would break their noses.
Gilbert. How could you swear to me when you were at a distance from me? it was not me, it was these two and another boy who got away. Witness. It was you, I know you well, you were all three together.
JAMES WILLIAM GRIFFIN (Thames police-constable.) I was with King—I saw Sheen on the barge, and he threw some lumps of coal off—I could not we the other two from where I was—I stopped Sheen and Riley—one had a
bag—Sheen said he did not take the coals, but Riley took them—Riley said he did not take them, but the other told him to carry them—I took Gilbert that evening in Stepney-causeway—I told him I wanted him for taking coals at Ratcliff—he said he had not been there, he had been with his mother all day—when I questioned him, he said he had left his mother at one o'clock.
HENRY COOPER , clerk to Mr. William Consett Wright, coal-merchant. Ratcliff-cross. I know the barge Spring, the coals in it belonged to Mr. Wright—I have seen the coals the officers had, and as near as we can judge they were the same.
Sheen's Defence. I picked up my coals in the mud; Riley was with me; we were not near the barge.
Riley's Defence. We picked them up in the mud; we saw some coals by the barge, but did not touch them.
Gilbert's Defence. I was at home with my mother; I came home at half-past six o'clock; I then dried my clothes; I heard of a fire, and ran out.
(Sheen received a good character.)
SHEEN— GUILTY . Aged 12.
RILEY— GUILTY . Aged 12.
Confined Ten Days, and Whipped.
GILBERT— GUILTY . Aged 13.— Confined Three Months, and Whipped.
JOSEPH THOM . I live at New Brentford. On the 15th of Nov. I had my cart on the road—I stopped at the Crown public-house, and went into the house on business—the horse and cart were taken into the yard, and the gate shut—I had a Macintosh coat in the cart, and, while I was in the house, I saw the prisoner and two others leave the house, and go towards London—I went to my cart, and missed my coat—I drove after them—I overtook the other two first, and they whistled—the prisoner was about 150 yards before them—he turned, and dropped a part of my coat from under his jacket—I called, "Stop thief," and got out of my cart—he ran down a bye lane—I followed, crying, "Stop thief"—I returned to my cart, and drove along the road—the prisoner came out again, and ran along the road—I overtook him, by his running into a coal-shed, and hiding himself—I said, "You have got something of mine"—he said, "D—your eyes, I have not"—I collared him—he said he would throw me into the mud, and if he could not get rid of me that way be would do something worse—I kept him till a constable came, and gave him in charge—I then went in the way he had run, and a gardener gave me my coat—this is it—it is the one that had been in my cart.
JOHN HEAVER . I live with my father, in Angel-lane, Hammersmith. On the morning of the 15th of Nov. I was standing, buying some apples, opposite Beaver-lane—I saw the prisoner run down Beaver-lane, with the Macintosh under his arm—I afterwards saw him again—he is the person.
JAMES PITT . I was at work in Mr. Clark's garden, in Hampshire Hog-lane, which comes up to Beaver-lane, on the 15th of Nov., between eleven and twelve o'clock in the morning, and found a Macintosh coat just over the pales in my master's garden, within a few yards of Beaver-lane—Mr. Thom inquired if I had found anything, and I delivered it up—this is it.
Prisoner's Defence. I know nothing about the coat; there were several
others in the public-house; I came out, and was crossing the road, when I was taken; I had not seen the coat.
GUILTY . Aged 19.— Transported for Seven Years.
WILLIAM DALE , of George-street, Bagnigge Wells-road. On the evening of the 13th of Nov. I saw the prisoner crossing Gray's Inn-road—I saw him go to Mr. Allen's book-stall, and take some books up—he put them under his arm, walked off the pavement, and let them fall in the road, picked them up again, and crossed the road—I called another person, and he was taken with the books—he dropped them again, and the shopman took them up.
Cross-examined by MR. PRENDERGAST. Q. What are you? A. I am a warehouseman at Mr. Wheeler's glass-warehouse, in Leather-lane—this was about nine o'clock in the evening—I was waiting for a person—I saw the prisoner go over, pot his hands on the books, take them, come off the pave-ment, and drop them—he let them fall, and took them up—there were eight books—he picked up seven first, and put them under his arm, and had the other in his hand—directly I saw him drop them and take them up, I went into a public-house and got the beer-man.
HENRY BENNETT . I am shopman to Mr. Joseph Allen, of Chichester-place, Gray's Inn-road. He had books out at his shop—I was called by Dale a few minutes before nine o'clock—I came out and missed some books—I saw some books lying in the road on the other side of the way—the prisoner was close by them—I took them up—they were my employer's—these are them—I had seen them safe on the stall about three minutes before.
Cross-examined. Q. How far from the shop was it you saw them? A. I suppose twenty yards—they were on the opposite side.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy.— Confined One Month*
BENJAMIN YATES . I am a private in the First Regiment of Guards, which is at the Tower. On the 15th of Nov. I had been to Kensington, and was going to the Tower—I met the prisoner in St. James's Park, between the milkhouse-gate and the Green Park-gate—she came blunt up, caught hold of me, and asked where I was going—I said, "Home"—she then wished me to go to the side of the rails with her—I said I would not—I bad a large portfolio under my left arm—I was in private clothes—I felt her hand down to my person, and with my hand that I had loose I tried to keep her off me—I had my money in my right hand pocket—I felt her hand all about my person—I did not feel it in my pocket—I might be talking with her about half a minute—as soon as I could get shot of her I felt, and missed my purse, which had in it a half-sovereign, a 5s. piece, and three half-crowns—it was in my pocket the minute before—I took it out as she was coming up—another woman was talking to her, and she stood a yard or two off—I said to the prisoner, "You have given it to that other woman, "who was close to her side then—the prisoner stood in front of me, and the other one sidled round and got on the side of her; and when the prisoner gave way, the other one
was like at the back of her—the prisoner said, "I will go and be searched"—I called, "Police"—there was none there—I took her to the station, and met with a policeman—the other woman went away—there was not any one there but the two women and myself—when I called "Police," several persons came up.
Cross-examined by MR. PRENDERGAST. Q. Were you standing still on the same spot? A. She came right butt against me, I was forced to stand still—I go very often through the park—it is not out of the way, and I was not tied to time—it is as near a way as any, and it is a pleasant walk—I have very often gone that way—I was not certain that she gave the parse to the other—the other woman did not say a word to me, and she was not within a yard or a yard and a half of me—she was close to the prisoner—I have not sworn I was in the Coldstream regiment of guards—I said the first regiment—the Coldstream is not at the Tower—I am an officer's servant—I do not go on guard, nor on parade—my deposition was read over to me—I cannot read or write.
Q. You said, "I am a private in the Coldstream Guards, stationed at the Tower?" A. No, I did not give that address—I told them the first regiment—I am servant to Captain Rennison—he is at the Tower.
Q. Did you say at first that there were four half-crowns in your purse? A. I said either three or four; not positively that there were four—sometimes I cannot tell to a shilling what I have—I did not go to the place to see whether the purse had dropped—I could tell that I had not dropped it.
JAMES RANDALL (police-constable A 208.) I was on duty in King-street, near the station in Gardner's-lane, Westminster—the prosecutor brought the prisoner to me, and charged her with stealing a purse containing a half-sovereign and some other money—she was searched, and nothing found.
Cross-examined. Q. How far is it where you took her from the railing of the park? A. I cannot tell where the prosecutor was robbed—I do not know that he told me—I did not ask him that—the prisoner was walking by his side, and was quite willing to go.
NOT GUILTY .
JOHN SOWTER . I live at Newington-cottage, Ball's-pond—the house, No. 8, Popham-terrace, is occupied by a person named Fisher—it is the property of my father, Thomas Sowter—I looked at one side of the roof last Monday week, and there was a piece of lead gone—I had never seen it there at all, but I found there ought to have been a piece there—supposing it had been there, it would have been a piece like this piece now produced—there was an aperture in the roof which 1 should think this piece might fill.
JOHN LONSDAILE (police-constable.) On Thursday afternoon, the 16th of Nov., I saw the two prisoners in Lower-road, Islington—I asked what they bad got; they said some lead which their mother gave them to dispose of—I took them to the station—I went to the roof of the house, No. 8, Pophamterrace—I compared this lead, and I observed a nail hole in one of the bits of lead—it corresponded with a nail that was left in the chimney.
NOT GUILTY .
of Nov.—she asked for a pair of boots for about half a crown—another customer came in, to whom I attended, and the prisoner went to a case in the shop, pulled the boots about, and I saw her take a pair out—after the other customer was gone I showed the prisoner another pair—she said they would do very well; she would leave 3d. and call again—I said she had some boots of mine about her—she said she knew nothing about it—I said I most send for a policeman, and then she produced one boot from under her shawl, and one from her apron, said she was very sorry, and it was the first time she had done so.
Cross-examined by MR. DOANE. Q. Have you not reason to know her mother is a very respectable woman? A. Yes, I believe they are all so, as far as I have made inquiry.
GUILTY . Aged 13.—Recommended to mercy,— Confined Seven Days.
SARAH BRADLEY . I am the wife of James Bradley, of Chelsea. On the night of the 23rd of Nov. I was in Grosvenor-row, Pimlico—I saw the prisoners together opposite the window of Mr. Hollings', the cheesemonger's shop—they then came to the next shop, to Mr. Notley's—I heard Irish say to Riddle, "Now is the time"—I saw Irish pass a little white handled knife to Riddle, and Irish said, "Now is the time, I will watch, it is all right, "then Riddle took hold of the string of a hat and began to cut it with the knife—I saw some cheese found on Irish, and I saw them come from the cheesemonger's shop.
Cross-examined by MR. CHARNOCK. Q. Are you a policeman's wife? A. Yes. 1 have never been a witness before—I and my little girl were walking down to meet my husband coming off duty—I said at the office that Irish said, "Now is the time"—I do not know whether they took it down—my deposition was read over to me—I said Irish said, "I will watch, and all is right"—this is my signature to the deposition.
JAMES BRADLEY (policeman.) I received charge of Irish in Grosvenorrow, about twenty minutes after nine o'clock—he had a piece of cheese under his arm—a duck in his right-breast, and in his left-hand coat pocket another duck—this is the cheese—he said there was no other boy with him—I took Riddle at his father's house—I told him that Irish bad a cape on, and Riddle saw the cape the next morning, and he said he gave it to Irish to mind—he then said he saw a basket near Chelsea College, that he went to it, and picked up the ducks and cheese.
Cross-examined. Q. How many men have you? A. One—my wife serves occasionally—I am not always in the shop—it is a particular cheese—there is no mark on it.
NOT GUILTY .
before it was found—I had seen Irish lurking about my place about nine o'clock—this boot was found on him about half-past nine.
Cross-examined by MR. CHARNOCK. Q. Is there anything peculiar about it? A. Yes—I have the fellow one—here is a mark on each of them, a 7 and a 4—I may have sold boots marked as these are—I am sure I can swear to this—I did not see Riddle near my shop.
IRISH— GUILTY . Aged 17.— Confined Three Months.
RIDDLE— NOT GUILTY .
ANN GARDNER . 1 am the wife of George Gardner, of Kentish-town—the prisoner lived in the same house with me—I missed a cloak, a cap, and some handkerchiefs; this is my cloak—it hung on a nail behind the door—I saw it safe on the Wednesday night, and missed it on the Saturday morning after—the handkerchiefs and cap were wrapped up in a bundle, to go to the wash—I think I saw them safe in the bundle on the Friday.
SARAH MAYNARD . I live in Crown-place, Kentish-town, with my mother. On Saturday, the 11th of Nov., I caw the prisoner in Streatly-terrace, Camden-town—she asked me to take a cloak into a pawnbroker's, which, I did—she had nothing beside the cloak.
NOT GUILTY .
166. MARY OSBORN was again indicted for stealing 4 shirts, value 8s.; 1 counterpane, 7s.; 4 pillow cases, 4s.; 2 table covers, 4s.; 3 shifts, 6s.; 5 petticoats, 10s.; 1 bed-gown, 2s.; 2 table cloths, 5s.; 2 napkins, 3s.; and 1 1/2 yards of lawn, 2s.; the goods of George Gardner.
ANN GARDNER . I had some shirts of my husband's, George Gardner, also a counterpane, some pillow cases, table covers, shifts, a petticoat, table cloths, and napkins—I missed them on Saturday, the 11th of Nov.—they had been in a large box in my room—I had not seen them for some time, but I went to the box, which was at my bedside, on the Thursday, for a bed-gown and a shift—I could not find them—I had no light with me—I did not go to the box again till the Saturday morning, and I could not find these things—that was the place where I usually kept them—it was in general kept unlocked—I did not lock it on the Thursday evening—I saw these things again at the pawnbroker's—they are my husband's.
CHARLES KEMP (police-constable S 81.) On Monday, the 13th of Nov., I received information, and made inquiries—I found all these things at the pawnbroker's, after I got the duplicates from the prisoner, when she was searched at the station.
RICHARD DANIELS (policeman.) I was called to Mr. Gardner's on the 14th of Nov.—the prisoner lives with her mother in the same house—I searched the room (the prisoner was in custody at the time)—I found four shirts, three handkerchiefs, and some stockings in the room—Mr. Gardner has owned the whole of them.
JAMES JONES , shopman to Mr. Trail, pawnbroker, I produce a sheet, a shirt, and some other things—I know the prisoner by sight, and have seen her in our shop, but I cannot recollect whether she pawned any of these things—these duplicates which were found on her were given to the person who pawned these articles.
Prisoner's Defence. I am very sorry for it.
GUILTY . Aged 13.— Judgment Respited.
NEW COURT.—Friday, December 1st, 1843.
Fifth Jury, before Mr. Common Sergeant.
167. GEORGE JONES was indicted for stealing 6 jackets, value 19s.; 2 capes, 1s.; 1 coat, 4s.; 1 pair of breeches, 1s.; 4 pairs of trowsers, 4s. and 1 waistcoat, 1s.: the goods of Elizabeth Webb; to which he pleaded
GUILTY . * Aged 19.— Transported for Seven Years.
GUILTY . Aged 10.— Transported for Seven Years.—Convict Ship.
169. BENJAMIN HALES was indicted for stealing 1 hat, value 5s.; 1 pair of shoes, 5s.; 1 handkerchief, 1s. 6d.; and 1 pair of gloves, 6d.; the goods of Thomas Fearne; and 1 coat, 9s.; 1 tea-caddy, 6s.; 1 sugar-basin, 4s.; and 2 pincushions, 1s.; the goods of Samuel Jeffrys, his master; to which he pleaded
GUILTY . Aged 23.— Transported for Ten Years.
GUILTY . Aged 22.— Transported for Seven Years.
GUILTY . Aged 39.—Recommended to mercy.— Confined Six Months.
GUILTY . Aged 19.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
THOMAS SIDELL , shopman to Mr. Gotto, fringe-maker, Regent-street. On the 30th of Oct. the prisoner came for a reel of cotton, which came to 4d.—she paid me with a shilling—I discovered it was bad—I bent it with my teeth, and gave it to my master, who gave her into custody.
Cross-examined by MR. CARTEEK. Q. Have you a great many customers? A. Yes—I never saw the prisoner before—she did not attempt to get away.
Cross-examined. Q. Was it out of your possession till you gave it to the policeman? A. No.
JOHN HAN WOOD (police-constable C 105.) I was called on the 30th, and took the prisoner—I received this shilling from Mr. Gotto—I took her to the Magistrate, and, nothing appearing against her, she was discharged—I am quite positive she is the person.
THOMAS HILL , shopman to Alexander Davis, sponge dealer, Regent-street. About twenty minutes before eight o'clock in the evening of the 2nd of Nov the prisoner came for a piece of sponge, which came to 6d.—she gave me half-a-crown, and I gave her 2s—I did not see the half-crown was counterfeit—I gave it to my master—I am certain it was the same—it was not out of my hand.
Cross-examined. Q. Where was your master? A. At the desk—it was marked after I gave it to him—I could speak to it before it was marked, by a certain dent that was in it.
ALEXANDER DAVIS . On this evening the prisoner came to my shop—I am quite positive it was her—I received a bad half-crown from Hill—I threw it on the desk—he asked roe for 2s. change—I gave it him—there was no other half-crown on the desk—Hill gave the 2s. to the prisoner, and she went away—about twenty minutes after I looked at the half-crown, which had been still on the desk, as my suspicions had been aroused—there had been no other half-crown on the desk—I found it was a counterfeit, and kept it there till my young man came home, and marked it—it was not out of my sight after that till I gave it to my shopman, and told him to mark it, if he knew it again—he said he did—I took it to the station, and gave it to the policeman—it was not out of my possession till then.
Cross-examined. Q. Were you at the desk the whole time? A. No, but no one went to the desk.
CHARLES EDWARD CHOWNE, surgeon, Hertford-street, May Fair. About half-past eleven o'clock in the morning of the 4th of Nov. the prisoner came for some salts and senna, which came to 2 1/2 d.—she offered a half-crown—I immediately saw it was bad, and sent for a policeman—I asked where she lived—she said in the neighbourhood—I said, "Where? "—she would not tell me—Rogers came, and I gave him the half-crown.
Cross-examined. Q. Was she out of your shop? A. No—the half-crown was not out of my sight.
Cross-examined. Q. Did you mark it? A. Mr. Chowne did—I did afterwards.
Cross-examined. Q. Are they cast in the same mould? A. It is my belief that they are not—I cannot say.
GUILTY . Aged 19.— Confined Six months.
ANN POWELL . I am the wife of William Powell, of King-street. I was in the parlour behind my shop, and saw the prisoner in the shop—when he saw me he went towards the door—there had been two shillings, two sixpences, and a groat in the till—the policeman brought the prisoner back—I went behind the counter, and saw there was money gone from the till—I said, "You have been robbing the till"—he said, "You are a liar"—the policeman said, "I have been watching you, give up what you have, "and he gave up two shillings, two sixpences, and a groat.
THOMAS HAMMOND (police-constable C 176.) I had been watching the prisoner—I saw him crawling in round the counter—he went towards the till in the counter, and took the money out, piece by piece, with his right hand, and put it into his left—he then left the till, and crawled round the counter, came out, and I took him.
GUILTY . Aged 11.— Confined Three Months.
Prisoner's Defence. I found it and tome boots in a handkerchief on the wooden bridge. A man came and said, "Give me the boots and the bandkerchief, you may have the coat;" I took it home to my father: he said, "You may wear it."
Witness for the Defence.
MRS. GOWER. I was at work when the prisoner brought the coat in, and said he found it—his father questioned him—he persisted in saying he picked it up on the wooden bridge.
NOT GUILTY .
JANE PICKARD . On Friday evening, the 17th, I missed a box of cigars from my shop—I tied a piece of string and three screws to the next box, and at half-past five o'clock 1 was in the parlour—the prisoner came in without any shoes, took the box up in his hand, and the three screws made a noise—I jumped up off my chair—he heard me, and ran out—I ran out, and caught another boy who was at the window—I am sure the prisoner is the boy that ran away with them.
Prisoner. There was another boy with me, playing at marbles; he stood at the shop; the lady spoke to him, and he said it was me.
GUILTY . Aged 13.— Confined Three Months
WILLIAM MOORE , of Upper King-street, Bloomsbury. Herring was in my service six or seven weeks—in consequence of suspicion I placed myself at church time, on a first floor opposite my house, with an officer—-at a quarter past eleven o'clock, I saw Bryne ring my bell—she was let in by Herring, and remained there twenty minutes or half an hour, then came out with a bundle—she ran, and the officer took her—the btindle contained this piece of carpet.
Cross-examined by MR. BODKIN. Q. I believe the prisoners are sisters A. Yes.
GEORGE JOHN RESTIEAUX (policeman.) I was on the watch, and saw Bryne go into Mr. Moore's house, stop twenty minutes, and come out with a bundle—I followed, and took her—I asked what she had got there—she said a piece of carpet which her sister gave her, which she saidher mistress gave her to throw in the dust—it is worth 3s.
ROBERT PERRY . I am shopman to Robert Fulcher, linen-draper, Hackney-road. About half-past five o'clock on the 24th of Nov. this printed cotton was on the railings inside the door—I saw it drop from the railings—I watched it about a minute—the hand of a person took it from the shop—I went out-immediately, and saw the prisoner with it in his arms—I took him—he threw it into the gutter.
Prisoner. Another man dropped it and ran away. Witness. No; a girl
came and told me of it: I told her to go on, I had seen it myself, and would watch it—the girl said he was the man.
Prisoner. It was my birth-day, and I was intoxicated.
TIMOTHY M'CARTHY (police-constable H 73.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—I am sure he is the man—I have not the least doubt oi it—I was present at his trial.
Prisoner. I was never here before in my life. He it perjuring himself.
GUILTY.* * Aged 21.— Transported for Seven Years.
ELIZABETH CHANDLER . I am the wife of Thomas Joseph Chandler, of New-lane, Paddington. I occasionally employed the prisoner—I put a pair of stockings and a handkerchief on the Saturday into a drawer, and on the Monday I missed the stockings—the prisoner came on the Monday, and brought an unfinished chemise—I sent her out for a quartern of butter, looked in the chemise, and found in it a handkerchief belonging to a person I wash for—I went out, and returned about nine o'clock—I got an officer—I asked her where the handkerchief and stockings were—she said she did not know what I meant—she was taken, and the stockings were found on her at the station—these stockings and handkerchief are mine.
THOMAS RICKMAN (policeman.) Thtse stockings were taken from the prisoner in the prosecutrix's presence.
Prisoner's Defence. The stockings are mine—the handkerchief I took some things in which I bad to work.
ELIZABETH CHANDLER . re-examined. I know them by the mark in the back of the top of the leg—one with a piece of light, and another with a piece of dark—they belong to a person I wash for—I have not the least doubt of them.
GUILTY . Aged 22.— Confined Two Months.
JOSEPH ZAPHNATH PARNEAH DIXON , of Bedborough-place, St. Pancras. At about half-past seven o'clock in the morning of the 6th of Nov. I was knocked up by a lad—I jumped up, went down, and found the prisoner and another in the water-closet—the copper was seven yards from the water-closet—it belongs to George Towgood—after I took the prisoner to the station, I examined the doors of Mr. Towgood's wash-house—it appeared that the half-door bad been opened, but not forced—one of the binges had been broken some time before—it did not appear to have been bolted.
JOHN DUNCAN . Between seven and eight o'clock that morning I was at the window, and saw the prisoner getting along the wall—I told my mother—I saw him go into the wash-house—I went to the bottom of the court, and as I was coming back I saw a black hand put out and pull the door to—then my mother told me to go to Mr. Dixon, and while I was doing so the prisoner got out of the wash-house into the water-closet—he laid the copper down in the wash-house—I saw his hands were black and sooty.
the wash-house, and saw the copper safe in its place, through a broken pane of glass—it was safe early that morning—the prisoner's browsers were smutty.
Prisoner's Defence. I had nothing to do with it.
GUILTY . * Aged 17.— Transported Seven Years.
JAMES MOODY , shopman to George Smellie, pawnbroker, High-street, Shadwell. At half-past eight on the 14th of Nor., from information, I went to the rail inside the shop, and missed a new blue shirt of my master's—I saw the prisoner running in the road—when he found he was pursued, he dropped the shirt and walked away—I picked it up, then ran and brought him back—I am sure be is the person that dropped it.
prisoner. I was going down the High-street, there were three or four persons going on a-head, and they dropped this shirt; I told him of the others. Witness. I saw no others—I saw him drop it.
GUILTY . Aged 15.— Confined Three Months
RICHARD CLARK . I am barman to Mr. James Frederick Tindall, at the Lord Chancellor public-house in Great George-street, Edgware road. On the evening of the 21st of Nov., the prisoner came and called for a pot of the best ale, and went into the parlour, where there were several friends of his—he came out for several glasses of brandy-and-water, and had several pots of half-and-half—at half-past ten he came and bothered my mistress to lend him 1s—she would not—I knew him before—he used to work at Mr. Cross's—when I left the bar to go into the parlour the bowl was safe, irt a recess under the counter, under the beer-engine in the bar—there were some shillings, sixpences, and fourpenny pieces in the bowl—when 1 came back it was gone—the prisoner's hand was almost touching the bowl where he stood leaning over the counter—my mistress was serving a customer over the bar—the prisoner did not appear to be drunk—he could run very well.
Prisoner. The mistress was very drunk or else I should not have had it. Witness. I never saw her drunk—as I was coming out of the parlour-door the prisoner was going out of the shop-door—I went behind the counter and said, "He has got the bowl"—I ran after him down Hatton-ttrett and called to him, but he did not stop—he was taken the next night—the bowl was found about twenty yards from the house—a gentleman brought it in in ton minutes—I am sure no one else went in or out from the time I saw the bowl safe till I missed it—this is the bowl.
JAMES CHIMPSON , of Great North-street, Marylebone. I was at the Lord Chancellor, and saw the prisoner standing there—he came to me, and said "Are you a right one?"—I said "Explain your meaning, I don't understand you"—he said "Youwon't say anything"—I said "What have I cot to say?"—he said "I mean to take that till away"—he went to Mr. Tindall and said "Will you lend me 1s., or will you not?"—she said "I will not; it is more than my place is worth"—I went into the parlour, Clark came in and I said "Go and tell your mistress that man means to take the till"—I then saw the prisoner go out, and Clark said, "Mistress, Skinner has got the bowl"—I ran out—he ran down 11 Hatton-street, but we could not stop him—he was not drunk—he could run well
Prisoner. Q. Did I run or walk? Witness. I will not swear.
WILLIAM ROSS (police-constable D 157.) I took the prisoner in the gallery of the theatre—he was drunk—in going to the station he said, "What do you want me for?"—I said "For stealing some silver and a bowl from the Chancellor"—he laid he was there drinking brandy and water, it was a bad job, it could not be helped.
Prisoner. I did not take the bowl, neither was I leaning over near it—I did not go down Hatton-street.
GUILTY . Aged 22.— Confined Four Months.
JANE SHEARS . I am the wife of John Shears, of Ropemaker's-fields—I let the prisoner's father a room, and on Tuesday, the 1st of Nor., I examined the room, as the rent was net paid—I found it in a very disorderly state—the blanket and 161bs. of feathers were gone—I had missed a snuff-box before—these are the articles—they are my husband's—I asked the prisoner about them—she denied it at first—I sent for a policeman, and then she said she had pawned the blanket, but the feathers she knew nothing of, and could not say anything till her father came home—the snuff-box she always denied.
CHARLES BATTERSHELL . The prisoner washes for me—on the 4th of Nov. my things came home from washing, and on the 5th 1 found this snuffbox in my things—I said to the prisoner," Why did you send the box?" and there was no answer made.
The prisoner pleaded distress, and stated that the prosecutrix's child had left-the tobacco-box in her room.
MRS. SHEARS. They lived better than I did, and had the best of every thing.
GUILTY . Aged 19.— Confined Six Months.
184. JOHN ROWLAND was indicted for stealing 200 yards of crape gauze, value 180l., and 1 box, 6s. the goods of the Great Western Railway Company, his masters.—Six other Counts, stating the property to belong to different parties.
MESSRS. BODKIN and NEALE conducted the Prosecution
WILLIAM HARDISTY , crape-manufacturer, Shepton Mallett. I am in the habit of sending crape gauze from time to time from the Bath station by the Great Western Railway to Baylis and Co., in Gutter-lane—it is in an unfinished state when I send it, and is called crape gauze—Baylis and Co. do something which makes it crape—on the 17th of Feb. I sent a box by the wagon containing a quantity of crape gauze, worth 180l., to Baylis and Co.—the box was in the habit of travelling backwards and forwards by the railway—this is the invoice of goods sent on the 17th of Feb.—it was prepared in my house—these crapes which are here are not in a saleable state, and are all of my manufacture—the marks on these crapes correspond with the marks in the invoice—I have looked particularly at one piece of this crape, and find a particular mark on it, which indicates a certain quality, which we call No. 4 treble—we supplied that quality and mark to Baylis and Co. that day,
and to no one else—a day or two after I heard that the parcel had not arrived—I never saw nor beard of any of the crapet again till they were before the Magistrate—there are about leven packets and a half here—I lost twentynine packets in all—that quantity of goods would weigh 861bs., and the box about 30lbs.—some of these crapes have been dyed black since they were transmitted, and some are what the dyers call boiled off, which does not in the least interfere with my recognition of them as my manufacture—they were sent by Kelly, the carman.
Cross-examined by MR. CARTEEN. Q. Do you know who packed this box? A. No; I should say my ton did—this invoice is in his handwriting—he is not here—I cannot say that I saw the box before it was sent—I passed the whole of the crape from the weavers before it was pat into the box—that box and crape ought to have gone that day.
JOHN FORED . I am in the service of Kelly, a waggoner—I received a parcel from Mr. Hardisty, of Shepton Mallett, on Friday evening—here is the bill of it—I took it to the Bath station and had it weighed there—I deposited it with the officer at the station about six o'clock on Saturday morning—I knew the box before, and had been in the habit of carrying it backwards and forwards.
Cross-examined by MR. BALLANTINE. Q. Did you tee the box weighed? A. I do not think I did—Mr. Hardisty's man, Snoller, gave me the box in presence of Mr. Kelly.
NATHANIEL LOADIE . I am employed by the Great Western Railway Company at the Bath station—on the 18th of February I received a box consigned to Baylis and Co., of London—I was present when it was weighed.
Cross-examined. Q. Did you take down from your own knowledge of the weight, or from somebody calling it over? A. From some one calling it over—I do not adjust the weights.
MR. BODKIN. Q. There was one at the scale, and you were taking down the weights? A. Yes, it weighed lewt. 1qr. 4lb.—the goods train would leave Bath for London at half-past ten o'clock that night—I was present when truck 170 was packed—this box was packed in it.
Cross-examined by MR. BALLANTINE. Q. At the time they were supposed to have been packed, what quantity of this sort of crape had you in the factory? A. I do not know—we never keep more than eight or ten piece—I could tell what were mining from the warehouse from what were left—it is generally my habit to examine it every Saturday night—I can undertake to swear that a fortnight after this stock was not in my warehouse, because the stock would not agree with it—I examined the stock the Saturday week after—I will not swear that on the Monday between the two Saturdays this was not in my stock—these are not all the goods I transmitted to town, and the same mark would be applicable to all.
COURT. Q. Are you able to state that that 86lbt. weight of crape was gone, and was not in your warehouse on the 18th? A. Yes, I had not more than ten or twelve packets besides these twenty-nine—the turn total I had on the 17th was about forty-four packets—that would be about 8000 yards, and on the 17th twenty-nine packets ought to have gone, which would be about 2000 yards.
MR. NEALE. Q. You say these forty-four were not in your warehouse a fortnight afterwards, had you taken stock a fortnight after the 17th? A. Yes; on the 17th I passed twenty-nine packets of property of this description
out of my warehouse—this accords with what was sent off—I passed it from the weavers, but did not pack it—in passing it I saw it as I do now—I took stock, and knew that this quantity was gone.
JOB KERTON . I am porter at the Bath station of the railway. On the 18th of February last a box came there by Kelly's cart, directed to Baylis and Co., of London—I weighed it—it was lcwt lqr. 41bs.—I knew the box before, as belonging to Mr. Hardisty—I assisted in packing the truck No. 170—the box was packed in that truck—it did not contain any goods, except those that were to go all the way to London—the train left Bath at half-past ten o'clock on the Saturday night—the box was bound round with cord, and clasped at the end with sheet iron—I knew it was full by the weight.
NICHOLAS HARRIS . I am guard of the Great Western Railway. I came up with the train that night—we left Bath at half-past ten o'clock, and got to London about eight o'clock on Sunday morning—I remember the truck No. 170, which contained goods for London only—on its arrival in London it was in the same state as when it left Bath—I had no occasion to open it.
THOMAS BISHOP . I am porter in the goods department of the railway. In February last I was stationed at the terminus at Paddington—the goods train, which left on Saturday night from Bath, would arrive on Sunday, and would have remained uninterfered with till the Monday morning. On the Sunday before that Monday 1 was on duty at the terminus—the prisoner, who was in the Company's employ, ought to have come on duty that night at twelve o'clock, and on Monday morning it was his duty to get out the carrier's goods from the truck No. 170, and then it was my duty to get out the goods of the Company—I came at six o'clock on Monday morning—I found the prisoner there—the carriers' goods were unpacked, and the carriers' wagon was there—I then went to unpack my things—one of them was a box, directed to Baylis and Co.—I looked for it, but could not find it—I asked the prisoner if he had seen my box—he said, "No "—the carrier's wagon was not gone then—before I spoke to the prisoner he had not said anything about any box being missed—it would not be his duty to interfere with that box at all—I did not examine the carrier's wagon.
THOMAS TAYLOR . I was a policeman in charge at the lodge-gate, at the terminus, through which-the goods are brought in and out—I came on duty about seven o'clock on Sunday evening, and remained till six on Monday morning—I was there when the carrier's wagon came—during that time nothing was taken out—nothing goes out except with a pass-ticket.
MARTIN PHARD (policeman.) I came on duty at six o'clock in the morning of Sunday, the 19th, before the train got up from Bath, and remained on duty till two on Sunday—no goods went out during that time.
SAMUEL PAIN , carpenter, Lambeth-square. The prisoner lodged at my house—I remember his getting a situation in the Penitentiary, at the end of September—he then proposed to come to some arrangement with me about what he owed me, which was 8l. and some shillings—I asked him for some money—he said he had not got money, but he had-something up stairs in his box to dispose of, that he believed were smuggled goods—in consequence of that I went up to his room after he was gone, and found his box there, which had been there ever since 1 had removed from Southampton-street, which was on the 14th of August—he lodged there with me—I first saw the box in March—I opened it, and found it contained a quantity of this sort of stuff—I did not know what they were—I spoke to Mills about it, and showed him a piece—he took some steps to endeavour to sell it—he said
they had better be dyed—some were taken to the dyer's, and then my wife and Mr. Mills were sent to sell it.
ELIZABETH PAIN . I am the wife of Samuel Pain. I and Mr. Mills went to offer some of this crape for sale at Mr. Hackett's, in Westminster-road—he referred us to Grout and Co., near the Post-office—when we got there they appointed for us to go on another day—we went, and these things were stopped—we gave our address—we were afterwards called before the Magistrate as witnesses.
JOSEPH MILLS . I lodge at Pain's house—he consulted with me about this crape—I did not see it in the box—he took it out, and I advised him to have some dyed—it was dyed—my wife went out with his wife, and it was stopped.
JOSEPH COLLARD . I am superintendant of the police of the Great Western Railway. I remember the loss of this box—it was not heard of till the last fortnight—the prisoner left the service soon after the box was lost—I heard of the stoppage of this crape at Grout's—I went in search of the prisoner, and found he was employed at the Penitentiary—about eight o'clock in the morning of the 16th of Nov. I went there in a cab, but did not find him—as I was driving away I saw him about a quarter of a mile off—I drove up and said to him, "Rowland, what are you doing? you were absent from the Penitentiary last night; you are wanted there"—he said, "I suppose it is you that want me"—I said, "I do; you must consider yourself in custody for having stolen a box from the station last Feb."—he said, "I know nothing about it"—I took him into the cab—I called at the Penitentiary to let them know that I had him; then took him to the Police-court—as we were going, he asked if I had got the people in custody with whom he was lodging—I said, "No; I wanted to apprehend the man, but he warout of the way"—he said, "Ah, if you had got them they would be no use to you; they know nothing about it"—I had not said anything to him about the lodgings or the people—I cautioned him, that whatever he said to me would be used as evidence—he replied, "I will say no more."
Cross-examined by MR. BALLANTINE. Q. Did you not say, "Whatever you say to me I shall give in evidence," to which he made no answer? A. I will not say positively, but I believe it was as I tell you now—I do not think I spoke to his employers at the Penitentiary when I called with him; I had told them previously—I think I can swear that I did not tell them in his presence that some persons were found selling crape which was contained in a box—I will not swear I did not.
HENRY GOFFE . I am in the employ of Grout and Co. I remember Pain and Mills bringing these things—I appointed them to come again—they left the parcel, and brought some more on the Monday, and were taken—these crapes are in an unfinished state, and are not marketable—some of them have been scalded, and others dyed black.
WILLIAM THOMPSON . I was warehouseman to John and James Baylis and Co., in Gutter-lane, in Feb.—I had been with them since the 7th of Jan., and left in June—they were in the habit of receiving crapes in an unfinished state from Mr. Hardisty, by the Great Western Railway, twice a week—they came in a box, which was returned—this invoice arrived by the post on Saturday, the 18th—the box it referred to never came to hand—I never remember, during the course of business from January to June, any instance of any goods not coming according to the invoice, or any loss, with this exception—Baylis and Co. never disposed of any articles in this state—I have looked at all the marks on this invoice, with reference to the marks on these goods, and they correspond.
CHARLES MASSEY . I am superintendent of the goods department of the Great Western Railway. When goods arrive at seven or eight o'clock on Sunday they are not to travel on Sunday, but are delivered on the Monday morning.
JAMES FELL . I am clerk to the Magistrate. I attended the first examination of the prisoner—he made a statement, which I took down and read over to him—(read)—"Seven weeks ago last Sunday the crape was sent to me tied up in a parcel; it was directed to me at No. 3, Lambeth-square. The man rang the bell; I went and answered it; he asked me if there was a man named Rowland lived there; I said, 'Yes, I am the person, what have you got there?' he said 'There is a parcel for you.' I asked where it came from; he shut the door, and walked away. I did not know who the crape belonged to; I never saw the man before or since. I took the crape up stairs, put it into my box, and turned the key on it. I went to my situation on the Monday morning, and have not seen the crape since till now."
GUILTY . Aged 33.— Transported for Seven Years.
MR. CARTEEN conducted the Prosecution.
TIMOTHY DOWLAN . I have a fruit stall opposite Mr. Livermore's shop, in Tottenham Court-road. On the 6th of Nov. 1 saw the prisoner go to the prosecutor's shop, and take two pairs of stockings from the bed near the door, outside—she laid them on the ground, and then took them up again, put them under her clothes, and walked six or seven yards—I followed her, and stopped her—I asked what she had—she dropped them, and a piece of net, alongside of her—I picked them up, and took her into Mr. Livermore's shop.
Cross-examined by MR. PRENDERGAST. Q. This is at the corner of a court? A. Yes—she bad turned a good piece up the court—sometimes the goods outside fall off, and I frequently pick them up—I saw another woman with the prisoner—she was not showing her the stockings, that I saw.
WILLIAM HENRY LARK . I am in the service of Henry Livermore and another. I was outside the shop, and saw Dowlan stop the prisoner—I saw some stockings and a piece of net fall from some part of her clothes—I was about three yards off—I cannot say that I know them—there is no mark on them—I had seen some stockings on the bed about a quarter of an hour before.
Cross-examined. Q. You do not know that they are yours? A. I cannot swear to them—sometimes the children knock these things down.
NOT GUILTY .
186. THOMAS HORGAN and WILLIAM WRIGHT were indicted for stealing 1 hat, value 10s., the goods of Samuel Clark: 1 coat, 10s., the goods of Joseph Morgan: and 1 coat, 10s., the goods of William Palmer.—2nd COUNT, stating it to be 1 hat, 10s., the goods of Samuel Clark: and 2 coats, 20s., the goods of George Miller Clark: and that Horgan had been before convicted of felony.
MR. BEADON conducted the Prosecution.
JAMES COOPER . I am servant to George Miller Clark. On the 23rd of Oct., about half-past seven o'clock, I went to the front of my master's house—we have a candle factory at the back—I saw Horgan—I asked what he wanted there—he said his father—I said he had not been there, and told him to be off—I knew him by sight before.
Cross-examined by MR. PRENDERGAST. Q. I suppose his father worked there? A. No.
GEORGE MILLER CLARKE . These premises belong to me. I mined two Macintoshes, belonging to two other persons, from near the door, and a hat belonging to my brother Samuel—this is the hat—I had seen it safe between two and three o'clock that day—I have not seen the Macintoshes since.
JOHN FINNIMORE . On Monday evening, the 23rd of October, I was standing outside the Jolly Farmers, at the corner of Munster-street, not far from Mr. Clarke's, with a boy named Buckingham—I saw the prisoners there—Horgan came from across Cumberland-market, with the hat on his head—it was not in sight of Mr. Clarke's home—he said he wanted to sell it for 3s—he went into the Jolly Farmers with it—he came out, and said he had sold it for 2s., and he stood a quarters of gin—two cab men came out, and Horgan said, "I have got a Macintosh"—he went across the market, and was back in about five minutes with the Macintosh.
HORGAN— GUILTY . Aged 15.— Confined One Year.
WRIGHT— NOT GUILTY .
WILLIAM ALEXANDER CHAPMAN , pawnbroker, Turnmill-street, Clerkenwell. On the 17rh of Nov. I received information, and ran down the street—I found the prisoner at a butter-shop, with this frock in her possession—it is mine—I had seen it safe outside the shop three minutes before—she had been in my shop.
Prisoner's Defence. A woman asked me to hold the frock—I had it in my possession a quarter of an hour.
GUILTY . Aged 24.—Recommended to mercy.— Confined One Month.
Sixth Jury, before Edward Bullock, Esq.
MR. WILDE conducted the Prosecution.
JAMES SEDGWICK , Esq. I am a barrister, and live in Church-street, Kensington. My house adjoins that of the prisoner Willder's father—three or four weeks ago I had a spade—I saw it before the Magistrate—I could not identify it.
Cross-examined by MR. PAYNE. Q. When did you last see it safe? A. About the 7th or 8th of November.
CHARLES TANNER . About three weeks ago I was at Mr. Willder's garden with Nagle—Nagle went over to Mr. Sedgwick's, got the spade, and gave it to me—I put it into the stable—Leonard willder was up at dinner; and he came down to the stable after dinner—Nagle gave the spade to my sister to pawn—I had 1 1/2 d., Willder had 2d., Nagle 1 1/2 d., and my sister 1d.—Nagle told Leonard Willder that he had got the spade over at Mr. Sedgwick's—that was after the spade was pawned.
LUCY TANNER . They came down to me at my mother's, and siad they wanted me at the stable—I went, and Willder asked if I would take this spade to Mr. Webb's, the pawnbroker—I did, and I got 6d. for it, which I gave to Willder—he gave me 1d.—this is the spade.
NOT GUILTY .
MR. WILDE conducted the Prosecution.
JAMES SEDGWICK , Esq. I had a small looking-glass about the end of Sept. in the servant's attic, about a foot and a half from the window—I saw it on the 18th of Nov. after I had missed it—I have no doubt it is mine—I could identify it any where, because it was part of a plate-glass—I had a window to the attic which opened outwards, and a strong wire window Which opened inwards, so that the air might come in; and if the glass was open, a person could open the wire from outside—the looking-glass could not have fallen outside, if it had it must have broken.
Cross-examined by MR. PAYNE. Q. How long had yoy seen it before? A. I do not know—I have seen it several times when I have gone up to see if the window was safe, when it has been intimated to me that persons were on the roof.
Cross-examined. Q. What did he say? A. He asked if I would go and pawn it—I said, "Yes"—I asked where he got it—he said he gave Nagle 2d. for it—I have seen Nagle at Winder's garden—I do not know whether he was employed there—Willder has never given me food and things—he has to my brother.
THOMAS SWAIN (police-constable T 196.) I know Mr. Painter's the Magistrate's handwriting—I heard the prisoner make a statement before him—I heard it read over to him—this is the Magistrate's signature—(read)—"We were cleaning out the gutter at the top of the house—Nagle and me—when I went down he picked up the looking-glass out of the gutter—he said he would have it all—I said I would leave it with him—he said if I would give him 2d. I might have it all—I did, and he gave it me—I kept it three weeks, and then Lucy Tanner asked me if I had anything to pawn, and I gave it her to pawn."
NOT GUILTY .
190. ELIZA BROWN was indicted for stealing 4 sheets, value 12s.; 2 blankets, 10s.; 1 bolster, 2s.; 2 pillows, 3s.; 1 counterpane, 12s. 6d.; 1 flat-iron, 6d.; 1 pair of tongs, value 1s.; 1 tea-tray, 2s.; 1 coal-scoop, 2s.; 1 frying-pan, 1s.; 1 looking-glass, 2s.; 9 knives, 6d.; 3 forks, 6d.; the goods of William Darvill.
ELIZABETH DARVILL . I am the wife of William Darvill, of Tottenhanm-court-road. The prisoner lodged in a furnished room in our house from Sept. to the 23rd of Nov.—she owed me 19s—after she left I went into the room and missed the pillows, sheets, bolster, and other things—I found nine duplicates on the mantel-piece, eight of them related to my things.
Nov. I went with Darvill and found the prisoner in North-street—I told her I took her for robbing the prosecutor of things in furnished lodging—the remained silent till we got near the station and then I said to Mr. Davill, "I wonder what she has done with the rest of the things?"—the prisoner said she thought she had left the whole of the tickets in, the room.
JOHN HUGHES , shopman to Mr. Dobree pawnbroker, Charlotte-street. I produce two sheets—I nave reason to believe the prisoner pawned them—I have seen her in the shop—this is the duplicate I gave for them.
PETER ALLEN, shopman to a pawnbroker in Tottenham-court-road. I produce a blanket pawned on the 14th of Oct.—I gave this duplicate for it.
Prisoner's Defence. I left word in the morning that I should be back again in the evening; I went to North-street, and the policeman took me; it was my full intention to replace them again, but I had been very unfortuna.
NOT GUILTY .
ROBERT HOGG , nurseryman and seedsman, Brompton. I have two partners. The prisoner has been in our employ two years—I missed four gardening knives and other things from the counting-house—these are our knives—they were in the counting-house—I also missed several books and engravings of plants.
FREDERICK DARCEY , of Gore-lane, Kensington. On Monday the 23rd of Oct. I was playing with the prisoner and some more boys—the prisoner called me aside and showed me two of these knives—he asked it I woould sell them for him—I said I did not like, and asked where he got them—he said he had them given to him by a friend—he gave me the knives, and about five minutes after I sold them to Collins, and gave the money to the prisoner.
DANIEL WARING . I work for Mr. Bailey, a cheesemonger. About three weeks ago the prisoner came to our shop and offered this knife for sale for 6d.—I bought it—as soon as I heard who lost it I took it back.
Prisoner's Defence. When I went to work and saw the four knives laying down I took them up; I had them nearly three weeks, and found no owner for them; I asked two or three men; Darcey said, "If you like I will sell them for you."
GUILTY . Aged 16.— Confined Four Months.
SAMUEL PUDDEFOOT (police-constable T 127.) On Friday night, the 24th Nov., about seven o'clock I saw the prisoner opposite Mr. Judson's shop at Kensington—I watched her half an hour—she went into Mr. Judson's shop and
came out again—she looked bulky, and I asked what she had got—she said, "Nothing"—I found this kettle on her, which Mr. Judson owned.
WILLIAM JUDSON , ironmonger, Kensington. The prisoner was brought to me with this kettle—it is mine—I saw it safe about two hours before—I have known the prisoner a great many years, and never knew any thing bad of her.
Prisoner. I was going down the street, and a person put this down; the officer came and took me.
GUILTY . Aged 54.—Recommended to merey.— Confined Fourteen Days.
LYNCH* pleaded GUILTY . Aged 18.— Confined Six Months.
JAMES BRANNAN (police-constable N 69.) About eight o'clock in the morning of the 20th of Nov. I was in High-street, Kingsland. I saw the prisoners together, and watched them into several shops—Taylor then went into Mr. Kennedy's, a pawnbroker's shop, and returned in a minute—they joined together, and ran into a brick field—I took them, and found these boots on Lynch—he said they were his father's.
ALEXANDER DOLAND , shopman to Lawrence Kennedy, pawnbroker, Stoke Newington. These are my master's boots—they were in the shop—I saw them safe about eight o'clock in the morning of the 20th—about ten I saw them in the officer's possession.
TAYLOR*— GUILTY . Aged.— Confined Six Months.
HASTINGS FRAZER HAMILTON . I am an apprentice to Mr. William Tellkampff Gulliver. On Saturday, the 5th of Aug., Mr. Watson, my master's foreman, gave me a sovereign to get change for him to pay the apprentices—he was to pay them on my master's account—I went to Mr. Harvey's, in New Gravel-lane, and asked him for change, but did not get it—I came out, and met Ann Sullivan, who is Mr. Gulliver's servant, at the door—I had the sovereign in my hand—the prisoner was just by, and asked what I wanted—I said change for a sovereign—he said he could give me change—I said I was much obliged to him—I had never seen him before—a young man crossed the road, and said change was very scarce that night—the prisoner then counted 8s. or 9s. into my hand—I gave him the sovereign, and he said, "It is a half-sovereign, is it not?"—I said, "No, a sovereign"—he said, "I can't give you change for a sovereign, I thought it was a half-sovereign"—he gave me a penny medal into my hand, and said, "Here-is your sovereign back again"—I thought it was the sovereign, and gave him the silver back—I gave the medal the prisoner gave me to Sullivan, as she said she was going to Mr. Wardle's to get some things, and she would try to get change—I did not know then that it was not the sovereign—I stood at Wardle's door while Sullivan went in—she came out, and told me it was a penny medal—she and I then went and looked after the prisoner—I showed the medal to a policeman in Ratcliff-highway as we went along—I did not lose sight of it except when I gave it to Sullivan—I then took it home, and gave it to my mother—she went with the medal and me to the foreman, and he returned it to me—I saw my mother put it on the drawers under a shell—the policeman has it now—on the 4th of Nov., three months after the transaction, I went to the Black Bull to get something for my mistress, and saw the prisoner there and the
other young man who came across the road with him—I went home and told my mother, and she gave me the medal directly—the prisoner was taken—he said he was not the man, I was quite mistaken, and he said he Would give me 19s. sooner than be locked up—I am quite sure he is the same person, because his nose is so flat to his face—I can swear to him, and I know the other man—there was a light where I was standing by Mr. Harvey's door.
Cross-examined by MR. PAYNE. Q. What did you know the other man by? A. By his face—there was nothing particular about him—I knew him by the general effect of his face—I did not look at what was given to me till I gave it to Sullivan—the prisoner spoke to me first, and asked what I wanted—I said change for a sovereign—I was not with him more than two minutes before I had the shillings and gave them back, and had got back the medal—I went to three places before I gave the sovereign to the prisoner—I am quite sure I had the sovereign after I came from the last place—it had lain on the counter there while I asked for the change, and none of the persons took it up—I never lost sight of it—I did not go to any pawnbroker's for change—I have been apprentice to Mr. Gulliver about sixteen months—I first knew this was a medal when Mr. Wardle told Sullivan so—I stood at the door and heard him tell her so—when the prisoner offered me the 19s. he said he should lose his place if he should be locked up, and he would rather give the money he had about him.
ANN SULLIVAN . On the 5th of Aug. I was in Mr. Gulliver's service—I was with Hamilton when he was with the prisoner—I saw another person on the opposite side of the way, who crossed over—I was going to Mr. Wardle, and Hamilton said he was looking for change for a sovereign—the prisoner was standing by, and said "I can give you change"—Hamilton gave him the sovereign, and the prisoner counted eight or nine shillings into Hamilton's hand—he then said, "I cannot give you change for a sovereign, I can give you change for half-a-sovereign"—Hamilton said, "That won't do"—he gave him the change back, and the prisoner gave him the penny counterfelt—I had seen Hamilton give the sovereign into the prisoner's hand, and then Hamilton gave me the piece that the prisoner gave him—I was going for two pounds of sugar, and said I would try and get change—I laid it down on the counter, and they said, "Where did you get that?"—I gave it to Hamilton again, and both of us went to look for the prisoner, but could not find him—we told the policeman.
Cross-examined. Q. You did not notice it before Hamilton gave it to the prisoner? A. No, nor after he got it from the prisoner—I saw the Queen's head on it—I am sure I took the same thing to Mr. Wardle's, and that I gave the same to Hamilton again—I have lived nearly six months with Mr. Gulliver—I had never seen the prisoner before.
THOMAS WATSON . I am foreman to Mr. William Tellkampff Gulliver, a boat-builder, Wapping. On the night of the 5th Aug. I gave Hamilton a good sovereign to get change to pay the men—he came back in about an hour, and showed me a kind of medal—I told him to take it home to his mother—I did not take it out of his sight.
SARAH HAMILTON . I am Hamilton's mother. On Saturday evening the 5th of Aug., he came home with a piece of metal of some sort—I placed it on the drawers, under a shell, and there it remained—it was such a thing as this—(looking at it)—but it was brighter when I got it—my son put a mark on it.
Cross-examined. Q. Did you go and look at it from time to time? A. Yes, but I put it in the same place again—my ton cried, and said he had been taken in—he is sixteen years old.
THOMAS WARDLE . I am assistant to my brother James, a grocer, at Wappingwall. On a Saturday night, about ten weeks ago, Sullivan came to the shop—I knew her by living at Mr. Gulliver's—she got some groceries, and tendered in payment, a piece representing a sovereign—I could not swear it was this, but it was a fac simile of this—I did not take it out of her sight.
WILLIAM TAPLIN (policeman.) The prisoner was given into my custody—Hamilton staled that he had robbed him of a sovereign—the prisoner said, "You are mistaken, I am a respectable man, well known to Mr. Donald, who keeps this public-house; and if you go in, he will say so"—I went in, and asked Mr. Donald if he knew him—he said no, further than he believed he had been once or twice in his house—the prisoner said to Hamilton, "I will give you 19s. rather than be detained, as I shall lose my situation."
H. F. HAMILTON re-examined. This is the piece the prisoner gave me—I made a mark under the head.
Cross-examined. Q. When did you mark it? A. After I got it from my mother—this mark enables me to say it is the same.
COURT. Q. Had you any other king of Hanover medal? A. No.
(Henry Frost, a pigeon-dealer.—Dalton, a baker, in the City-road, and William Grange, a carpenter, gave the prisoner a good character.)
GUILTY of stealing, but not from the person. Aged 20.— Transported for seven years.
JOHN OSMOTHERLEY . I belong to the Dominica, which entered the West India Export Dock on the morning of the 11th of Nov. I was coming on shore—I went to my chest to see the time, and my watch was gone—I had seen it safe about four o'clock that morning—the chest was not locked—the prisoner was a seaman on board—he had been in the forecastle with me—he went on shore—I went to the police station, and gave information—on the 17th of Nov. the officer took me to a pawnbroker's, where I found my watch—this is it.
cross-examined by MR. DOANE. Q. When had the prisoner gone ashore? A. I cannot tell—I must have been asleep when he went—a person named Whitehead went on shore with him—this watch was in the particular charge of the captain—it had been in my chest ever since we came to anchor in the Downs—Whitehead has entered on board a man-of-war.
NOT GUILTY .
JOHN POPE (police-constable H 122.) On the afternoon of the 23rd of Nov., about half-past five o'clock, I saw the prisoner and two others in Hackney-road, at the shop of Mr. West, a linen-draper, looking in at the window—I then saw the prisoner take a roll of canvas from outside the shop door—he carried it seven or eight feet—one of his companions gave a sort of
whistle—he then dropped the canvas, and they all ran off—I caught the prisoner before he got fifty yards.
Prisoner's Defence. I was standing by, and one of the boys took and carried it about eight fett they then chucked it down, and ran away.
(The prisoner received a good character, and hit master engaged to employ him again)
GUILTY . Aged 15.—Recommended to mercy— Confined Fourteen Days.
ALFRED HUGHES (police-constable D 174.) On the 23rd of Not., at ten o'clock in the morning, I taw the prisoner and two other boys at Paddington—the prisoner had a quart pot in hit hand—on seeing me to put it down—the other two boyt ran away—laid hold of the prisoner, and asked him what he was doing with that—he said if it belonged to the Mason's Arms he should take it home, and get half a pint of beer for it—I said, "Do they know you?"—he said, "Yes, and they always give half a pint of beer for taking a pot home"—t took him to the Mason's Arms—the landlady did not know him, neither did she give any beer for taking pott home.
MYRA BROWN , My father, William Brown, keeps the Norfolk Arms—this quart pot is his—I cannot say when ft had been safe—I have teen the prisoner, and I think it very likely he might have brought pots home.
NEW COURT.—Saturday, December 2nd 1843.
Sixth Jury, before Mr. Recorder.
198. JOHN M'CARTHY was indicted for stealing 15 feet of metal pipe, value 7s. 6d.; 2 metal cocks, 2s. 4d.; 2 lockets and burners, 1s. 6d.; 2 metal caps and linings, 2s.; and 2 metal unions, 1s. 6d.; the goods of William Fuzze and others:—also, 16 feet of metal pipe, 8s.; 4 metal cocks, 4s. 8d.; 4 lockets and burners, 6s. 4d.; 4 metal caps and linings, 4s.; and 4 metal uniont, 4s.; the goods of the Gas Light and Coke Company.—2nd Count, stating them to be the goods of William Bateman and others; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 45.— Transported for Seven Years.
199. MARY ANN COATS was indicted for stealing 1 coat, value 12s.; 7 shirts, 1l. 10s.; 3 brooches, 15s.; 2 handkerchiefs, 5s.; 1 waistcoat, 10s.; 1 gown, 2s.; 1 pair of shoes, 5s.; and 1 table-cloth, 5s.; the goods of Robert John Philip Jaquet, her master; to which she pleaded
GUILTY . Aged 42.— Confined One Year.
GUILTY.* * Aged 16.— Transported for Ten Years.
MR. CLARKSON conducted the Prosecution
with eight of my pigs to Brentford—I had not seen the prisoner about the market for a month before, nor given him any authority to do anything with my pigs—I asked Williams to dispose of them, as I had to leave—I did not authorise anybody but him—I sent in the evening, for the purpose of receiving those pigs which had not been sold, and out of the eight I got but one—I afterwards learned that some of my pigs were at Harding's, and I took them away—I did not get a farthing for any of them.
Cross-examined by MR. BALLANTINE. Q. Had you known the prisoner previously? A. bad seen him loitering about the market, but never employed him.
WILLIAM WILLIAMS . I was at Brentford pig market on the 3rd of Oct.—I saw the prosecutor's eight pigs in the pens—he gave me directions to sell them at 1l. a piece, the six best; and if not, 18s. a head for the whole—after he left, I saw Harding in the market—he wanted to buy the pigs—I told him the price was 1l. a piece—he did not agree to buy them—I afterwards saw him in conversation with the prisoner—I went to Harding, and cautioned him that the prisoner had no authority to deal with the pigs—after that, I found that six of the pigs had gone put of the pen—I did not authorise any one to take them, and never received a farthing for them—I do not know how the seventh pig got away—the prosecutor sent to me in the evening for what had not been sold, and then there was but one in the pen.
THOMAS HARDING . I saw some pigs in Brentford-market, on the 3rd of Oct., and spoke to Williams about them—I afterwards purchased six of them of the prisoner—they were the same pigs—'the prisoner drove them home for me, for which I paid him—an officer came on the 1st of December, and took away these pigs—I paid the prisoner a 5l. note and 6s. for them—this is the note I gave the prisoner—he changed it—I had it from Mr. Dale, the landlady of the Fox and Hounds—it has her writing on it.
cross-examined. Q. Do you know it is the note you gave him, except from what you heard from the landlady? A. No—Williams had not cautioned me against buying of the prisoner—he had not said a word to me after I spoke to him at half-past eleven—the prosecutor took me up oh the Wednesday after the Tuesday, and I have brought an action against him for charging me with being a receiver of stolen goods, knowing them to be stolen.
MR. CLARKSON. Q. Is the same gentleman who defends the prisoner to bring the action in your name? A. Yes.
JOHN SMITH (police-constable T 92.) I am constable on the district in which Brentford is situated—I heard of this charge of stealing the pigs—the prisoner used to live in Old Brentford before this charge—I went to look after him—he was missing nearly a month, and then he was brought to the station by an Oxfordshire constable.
Cross-examined. Q. Do you know whether the place in Oxfordshire, where the prisoner came from, was his parish? A. I have not a doubt of it—he was brought out of the poor-house there.
MR. CLARKSON. Q. How long had he been living about Brentford before he went away? A. Since I have been there, six years, and I believe many years before me.
THOMAS HARDING re-examined. I was with the prisoner when he drove the pigs out of the pen—he drove them down the street, and I walked with him down the street—I paid him in my own yard, when I got home—the toll-man is here who took the toll for the pigs—he stood there when the prisoner opened the pen—no one said a word to me about them—I had bid money for them to the prosecutor's son, and he would not take it—after that the prisoner said, "You had better buy the pigs."
WILLIAM WILLIAMS re-examined. I was in view of the pigs, but Harding said be bad bought them, and would have them—he and the prisoner went away with the pigs—the prisoner got into the pen, and drove the pigs out—Harding turned them round—he said if he had done wrong, Bignell knew where to find him, he had bought them of Price—that was in Price's hearing.
GUILTY . Aged 52.— Transported for Seven Years.
202. FRANCIS BULL was indicted for that he, on the 24th of Jan., at St. Ann, Blackfriars, being in the dwelling-house of James Law, about the hour of three o'clock, did steal 1 coat, value 2l.; 3lbs. weight of cigars, 1l. 10s.; 1 pocket-book, 6d.; 1 ring, 6d.; 4 crowns, 8 half-crowns, 60 shillings, 30 sixpences, 9 groats, 48 peace, 144 halfpence, and 144 farthings; his goods and monies; and afterwards did burglariously break out of same dwelling-house; and that he had been before convicted of felony.
MARY LAW . I am the wife of James Law, who keeps the Blue Last, Lud-gate-hill—in January lst the prisoner engaged a bed at our house—he came about noon on the Monday, and slept there two nights—about three o'clock on the following Wednesday morning I was called up, and he was gone—(I and my husband went to bed at half-past twelve the overnight, and the house was then secure)—I found the desk in the bar-parlour had been broken open, and from 6l. to 7l. in silver gone—it was safe in the desk when I went to bed—I missed three bundles of cigars, worth 10s. a pound, 1l. worth of silver from the back of the till, and my husband's coat from the bar-parlour, which was worth 2l.—I found this coat there, which the prisoner had worn the day before—it belongs to Mr. Murus, at the Black Horse, Westminster—I have since seen my husband's coat with Thornton.
Prisoner. Q. Did I pay you? A. The first time you came you paid me 1s. 6d.; the second night you went to bed without paying—you did not offer to take the least liberty with me.
STEPHEN THORNTON (police-constable A 26.) I produce this coat, which the prisoner was wearing—I took him at Lewes gaol on Saturday night, the 21st of Nov.—I went there from information from the superintendent, that a person was in prison in the country who it was supposed had committed various robberies in London—the description seemed to tally exactly—I found on the prisoner this waistcoat, a purse containing thirty-one farthings, a half-sovereign weight, and some base coin.
JAMES MURUS . I keep the Black Horse, Westminster. On Friday, the 6th of Jan., the prisoner came to my house—this coat, which was left at Mr. Law's, is mine, and was taken from my bar on Monday morning—it was in my posession at the time the prisoner came.
LUCY RICHARDS , Walworth-road. I was living at the Blue Last at the time of the robbery—I was the first person who came down, about three o'clock on Wednesday morning—I found the bar door open, the street door open, the desk broken open, and the till open—I had seen the prisoner in the house two days before.
HENRY HARPER , superintendant of the East Sussex constabulary. On the 9th of Feb. I received information that the prisoner had broken open two boxes—I apprehended him at the Hayward's-heath station in the country—he was too late to go by the railroad—he was convicted of those Monies—I found on him this drill, which I have compared with the desk at Mr. Law's, and those boxes in the country, and it corresponds exactly with the marks on the desk—I found on him a ring of Mr. Law's, and some bad monies, which had been in the till, a key which is particularly marked, and a shot-case,
which Mr. Law identifies—I also found in a pocket-book of the prisoner these papers, which Mr. Law identifies as being lost out of his coat pocket.
MARY LAW re-examined. This is my husband's coat which was lost the morning the prisoner went away, and this is the coat which the prisoner left behind; this is my ring—I left it in the window of the bar-maid's bed-room, when I took it off to wash my hands—I had seen it about six o'clock in the evening previous to the robbery—there was no other man lodging in the house but the prisoner, and no other person missing from the house.
JAMES LAW . I keep the Blue Last public-house in the parish of St. Ann, Blackfriars—this is the key of No. 3 room, and is marked with three marks—it was lost about the time the prisoner went away—this shot-case I can swear to—I had three half-crowns and a shilling in a private drawer, which I had put aside as bad and unfit for circulation, and the marks of this instrument correspond with the marks on the desk—I had suspicions of the prisoner, and sat up an hour after the others had gone to bed—this is my coat.
Prisoner. This shot-case I borrowed of a man in the country, and these caps that are in it—I can swear it was never in the prosecutor's house. Witness. I borrowed it from a person in Northamptonshire, and missed it—these papers are my handwriting, and were in the pocket of this coat, which was hanging up the night before.
Prisoner's Defence. I brought the instrument from a blacksmith at Waldruff, for which I was committed for eight months; I got the shot-case from a certain gentleman living in the same place.
GUILTY of the burglary, but not of the previous conviction .— Transported for Life.
Fifth Jury, before Edward Bullock, Esq.
JOHN QUIN , of Nightingale-street, Lisson-grove. The prisoner and another man slept in the same bed with me—I had a box in which I kept my things—I had a purse containing a ring, one sovereign, and one half-sovereign, and three half crowns were outside the purse in the box—I kept it locked—I locked it on the Sunday between one and two, and missed them on the Wednesday night about a quarter to seven o'clock—I got up at six o'clock on the Monday—the prisoner stopped in bed after me—I went out and left him there—my other bed-fellow had gone out at five o'clock—on the Wednesday I went to the box and found it had been broken open—I went after the prisoner, but could not find him—I found him in bed about ten o'clock at night—I asked him if he knew any thing about the purse and the box—he said he did not—I said I would get him off his bed if he did not give me the money—he told me to do my best—I got an officer and gave him in charge.
Cross-examined by MR. PAYNE. Q. Was not what you said that if he gave it you, you would say nothing about it, but if he did not you would get him off his bed? A. Yes—I had not been on the Monday or Tuesday to the box—the prisoner worked with me.
JOHN THRUSSELL (policeman.) I was called by the prosecutor into his room, and found the prisoner in bed—he said, "I give this man in charge on suspicion of stealing my money"—I searched the bed, and under the pillow I found the purse containing a sovereign, a half-sovereign, two half crowns, and
one ring—I did not find any loose money—he said, "Oh well it can't be helped, I meant to return it you again."
Cross-examined. Q. Was not what he said, "I should have returned it?" A. Yes.
GUILTY . Aged 22.—Recommended to mercy.— Confined Six Months.
CATHERINE DALEY . I am the wife of Robert Daley, shoemaker, George-street, Lisson-grove. About two months ago the prisoner was brought to me by my nephew, who said he was in distress and had nowhere to go—I said he could stop with me, I would give him a lodging for 6d. a week—he went out one day after dinner, and did not return—I missed a neckerchief, which I had had seen safe the day before.
ROBERT DALEY . I am the prosecutor's nephew. I met the prisoner—I knew him before, and I took him to my aunt's—he stopped for about a week—he went one day and never returned—I met him afterwards with this handkerchief round his neck—I asked what he did with it—he made no answer, but tried to get away—I stopped him—he got away again—I saw him two hours after, and asked what he had done with it—he said he had sold it to Austin—this is it.
HENRY THOMAS HOOKS . I am a pauper in Marylebone workhouse. Austin was in the workhouse—I saw the prisoner in the yard there—Austin asked him if he would sell the handkerchief—he said he did not like to sell it, it was Daley's—Austin said, "Never mind that," and bought it of him for 3d.—he paid for it, and I saw it round his neck.
GUILTY . Aged 21.— Confined One Month.
BENJAMIN HOOD . I keep a beer-shop in Collin's-street, Camden-town. On the 15th of Nov. I went out about eleven o'clock in the morning—I left a box of cheroots in the window—I left my wife at home—I returned about one o'clock, and about four I missed it—I cannot swear to the box, but I can swear to putting two pins in it—I cannot swear to the cheroots—they are nearly alike—the boxes are not all alike.
JAMES HEWITT , potman at the Bell and Crown, Camden-town. On, the 15th of Nov., about twelve o'clock, I was going up Collin's-street—I saw the two prisoners opposite the prosecutor's shop on the same side—I heard Wright say to Ward, "It is all right"—I went on about four doors, and saw Wright cross the road, and Ward went into the shop—I served a pint of beer, and then saw Ward come out of the shop with something under his jacket—I went in and asked Mr. Hood if she had lost any thing.
Cross-examined by MR. PAYNE. Q. I believe she looked and did not miss any thing? A. Yes—I had never seen the prisoners before—the policeman asked me a description of the persons.
Cross-examined. Q. Had you ever seen them before? A. Never to my knowledge.
JOHN KING . I was going about with cats' meat—I was in King-street by the Bell and Crown—I saw Ward with a box of cheroots under his arm—he put them into his hat, and threw the box away with three cheroots in it—I took it up, and gave it to a man in the street.
JOHN SEAGER (policeman.) In consequence of information I looked after the prisoners—I found them both together in Munster-street—I told the prisoners I wanted them for stealing cigars from Mr. Hood's, in College-street—Wright said, "We know nothing about the b—y cigars"—the witnesses identified them.
Ward's Defence. I went to call on Wright; we went and had a pint of beer; I stopped there half an hour, and was then coming through College-street, and picked them up; I had left Wright in the public-house.
Cross-examined. Q. Have you never told Wright that if he would get a case for you, by being himself concerned, with an accomplice, you would let him off and give him some money? A. Never—upon my oath, I have not done it several times both to Wright and to Guest—I never did so.
Wright. He has, and was drinking with us at the Duke of Clarence on the Saturday night before he took us. Witness. I was not.
COURT to JOSEPH GUEST. Q. Have you ever been in any trouble or custody Yourself? A. No—I have worked for Mr. Horner, of Hart-street, Bloomsbury, the Government painter, within the last six months—I have seen Seager with Wright, and I heard him offer to reward him if he could get a case—he was in private clothes—he said they expected him to do something, and he could not by his own exertion get a case, as he was in plain clothes—I was with Wright when he made that offer—Seager has treated Wright when he met him, and treated me too.
WARD— GUILTY . Aged 17.— Confined Three Months.
WRIGHT— NOT GUILTY .
RICHARD CURTIS , corn-dealer, James-place, Holloway-road. This horsecloth is mine, and was safe on my horse, at my door, on the 18th of Nov., about six o'clock in the evening—I missed it about ten minutes afterwards, and found it at the station.
JAMES M'GREGOR (police-constable N 177.) About seven o'clock on Saturday evening, the 18th of Nov., I was by the turnpike at the Angel, about a mile and a half from the prosecutor's—I saw the prisoner with this horsecloth round his shoulders—as soon as he saw me he went to a lamp-post, and wrapped the cloth up—I asked where he brought it from—he said from home, and was going to take it home—I took him, and, about 100 yards from the station, he became very violent, knocked me about, and kicked me—at the station he said he got it from Northumberland-house, in the Green-lanes—I went there, and they did not know it.
Prisoner's Defence. In coming from Northumberland-house I picked it up.
GUILTY . Aged 50.— Confined Two Months.
HENRY HENSTRIDGE . I am a watchman in the employ of Matthew Cotes Wyatt, builder, Dudley-road, Paddington. On the 22nd of Nov., about seven o'clock in the morning, I was in South-crescent, watching some houses for him—I saw the prisoners with some others—they filled a bag with some chips and some bricks of wood out of an area in Southwark-crescent—I did not see them go down into that area—the prisoner went up Radnor-street with the bag—I followed and asked what he had got there—he said, "Nothing"—I said he had got some property of my master's, and he had better go back to him—there were two others with him, who ran away—he went on to Star-street—he stood a few minutes, and then threw down the bag, and ran—I ran after him, and the inhabitants went and shook the wood and chips out of the bag—they took out the pieces of quartering, and said, "Thank God, there is the principal part gone"—there were a great many people about, and they ran away with the bag—I picked up the remainder of the wood—I am sure the prisoner is the boy.
Prisoner. I picked them up where the house was blown down; I was coming by the area, and two bigger boys were running; this man took me; I told him where I got them.
NOT GUILTY .
208. RICHARD MARTIN was indicted for stealing 1 watch, value 3l. 10s.; 1 watch-ribbon, 1d.; and 1 watch-key, 3d.; the goods of John Trout : and GARRETT MARTIN , for feloniously receiving the same; well knowing them to have been stolen; against the Statute, &c.
JOHN TROUT . I live in Seymour-street. On the 6th of Nov. I was going to bed, and missed my watch off a nail over the fire-place in the kitchen, where I slept—it was safe in the morning—I have known Garrett, who is the father, eight years—Richard was in the habit of coming to my house—I saw my watch again a fortnight afterwards at Mr. Blond's—this is it.
Cross-examined by MR. HORNE. Q. Is there a school held over your shop? A. Yes, and the passage is open—a number of persons go in and out.
JAMES HUNT . I live at the Plasterer's Arms, in Seymour-street. On Saturday night, the 18th of Nov., Garrett Martin brought me the duplicate of a watch, and asked me to purchase it—I went with him to the pawnbroker's—they produced the watch—this is it—I did not buy the duplicate—Garrett Martin told me it was an old family watch.
Cross-examined. Q. Is your house opposite Mr. Trout's? A. Yes—I had heard he had lost his watch, and that was why I would not buy the duplicate.
JOSEPH BLAND , shopman to Robert Blond, pawnbroker. This watch was pawned on the 11th of Nov., by Garrett Martin, in the name of James Martin—I did not know him before, but I swear he is the man—I gave him the duplicate—I asked if it was his own—he said. Yes, it was an old family watch.
he pawned the watch, and gave me the duplicate—I afterwards took Richard—he said he picked Ibe watch up in the street, and gave it to his father.
NOT GUILTY .
ELIZABETH WATSON . I am single, and live near the High-bridge, at Hammer smith. The prisoner lodged with me three weeks, and left on the 18th of Nov.—I missed a blanket, which had been let to her with the room—she never returned—she left on Saturday, without notice, and I received the key of her room on the Monday night from Mr. Toms, at whose house she went to lodge—I found the blanket again at the pawnbroker's—this is it.
Prisoner. I did take two sheets from the house, and I took the ticket in my bosom to fetch them out.
GUILTY . Aged 39.— Confined Two Months.
(There was another indictment against the prisoner.)
GEORGE QUARRELL . My mother, Elizabeth Quarrell, is a widow, she is a butcher, and I manage the business—I saw a breast of mutton at the police-station, it was my mother's—I had hung it up in the shop on the night of the 23rd of Nov.—I am sure it was the same—I hung it about three hooks in the shop, near the window, which was open—I did not miss it till it was brought by the constable—I knew it to be the same.
Cross-examined by MR. HORRY. Q. Are you certain you had not sold it? A. No, I cut up a sheep and sold one half, but not any of this breast.
JOHN LOOSDAILE (policeman.) On the night of the 23rd of Nov., about half-past seven o'clock, I received information, and went in pursuit of the prisoner—I found him in West-street, near Mr. Quarrell's, and another lad about twenty yards from him—I watched, and in about twenty minutes I saw the prisoner put his hand into Mr. Quarrell's shop, and take a breast of mutton—he ran away directly be saw me, and threw it over into a garden—I ran and took him—my brother officer got the mutton, and gave it to me—I showed it to Mr. Quarrell.
GUILTY . Aged 18.— Confined Four Months.
ELEANOR ANN PRESTON . I am a widow, and live at Hammersmith—the prisoner had been employed by me as charwoman—I missed a silver spoon on the 8th of Nov., from my breakfast-room—I had just laid it on a press in the same room—I saw the constable take it from a drawer in the prisoner's house, about nine o'clock the morning after—I did not know that the prisoner had been at my house that day, and she had no reason to be there—I am quite certain this spoon is mine—it is one of a half-dozen—I have one of the same in my pocket.
NOT GUILTY .
ELEANOR ANN PRESTON . Between the 10th and 20th of August I missed a gold seal, a key, and a ring, out of a table-drawer in the room where I breakfast, and two table covers, from a press in the same room—I went with a policeman to the pawnbroker's, and found them.
HENRY HAMPSTEAD . I am shopman to a pawnbroker in King-street, Hammersmith. On the 15th of Aug. I bought this seal of the prisoner—on the 11th of Sept. I took in this table-cover, I believe of the prisoner.
(Property produced and sworn to.)
Prisoner's Defence. Poverty led me to commit the act.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Two Months.
MARIA JENKINS . I am the wife of Benjamin Jenkins, of Stone-stair-court, Ratcliff; the prisoner lodged in my house about seven weeks. On the 21st of Nov. I had to leave and go out, between three and four o'clock, and left her in charge of my room and my child—I returned about half-past eleven next morning—she was not at home—I went to roy trunk, and missed this printed cotton—I went after the prisoner—I met her, and asked her what she had done with the cotton—she shook me by the bonnet, and said I was drunk, but I was not—I gave her into custody—she gave the duplicate to the policeman—this is the cotton.
WILLIAM KEEL (policeman.) About half-past twelve o'clock on the 22nd of Nov. the prisoner was given to me—she gave me this duplicate, and said she had pawned the cotton to get the prosecutrix's child some breakfast.
Prisoner's Defence. She has sworn false. I had two children to provide tea, and supper, and breakfast for; I did not know what to do to get a dinner: as to the loaf, she desired her son to put it in the trunk.
GUILTY . Aged 37.— Confined One Month.
NEW COURT.—Monday, December 4th, 1843.
Fifth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Four Months.
215. THOMAS WATTS and THOMAS HART were indicted for stealing 5 waistcoats, value 15s.; and 1 pair of breeches, 9s., the goods of Edwin Richard Summerfield, and that they had been before convicted of felony; to which
WATTS pleaded GUILTY . Aged 17.
HART pleaded GUILTY . Aged 19.
Transported for Seven Years.
GUILTY .— Confined Four Months.
GUILTY . Aged 22.— Confined Three Months.
GUILTY .— Confined Four Months.
GUILTY .— Confined Six Months.
MR. BODKIN conducted the Prosecution.
JOSEPH TAYLOR . I am foreman to William Turton Newton, and another, of Margaret-street, Cavendish-square. The prisoners were employed by him, Sharp at a journeyman plumber, and Walker as his labourer—it is the custom for them to work in pairs—my masters were building in Lowndes-st., Lowndes-square, Chelsea—about five in the afternoon of Tuesday, the 14th of Nov., I went there—the plumbers work till half-past five—I went into the second floor front room, and found them both—Walker was in one corner of the room, with his face to the wall and his back towards me—he appeared to be buttoning up bis clothes—Sharp was standing about six feet from him—he was not at work, and was quite near enough to see where Walker was—I asked Walker what he was doing there—Sharp replied that his brace button was burst—Walker gave no answer—I went up to him, ordered him to turn round and let me see whether he had got any thing—he turned, and was walking into another room—I told him to stop and unbutton his waistcoat—he did not do it—I opened his waistcoat and found a bar of lead, and a bar of solder rolled up in lead—I said, "This looks very like a brace button being broken"—he had a belt round him, which was taken from him at the station, that would enable him to carry these things—it has a strap to expand or contract according to circumstances—Sharp remained in the room during the whole of this, but did not say any thing—it would take a man a quarter of an hour to roll the solder in the lead and put it on this belt—the lead would have to be cut open first—it is pipe, worth about 1s. 8d., and the solder about 5s.
Cross-examined by MR. BALLANTINE. Q. I suppose you have never tried to cut pipe open? A. No, it is partly old and partly new—Sharp had not to supply any of the materials—I have never heard that he has—I am the only person superintending—Sharp works at other premises—I suppose this lead came from Lowndes-street—I have missed it from the second floor front room—they were delivered into Sharp's custody on the Saturday at Lowndes-street—he took them from the cart—I saw them delivered—I noticed what
were delivered to him, as I have a bill to sign for it—I examine from the cart what comes in, and I have referred to the ticket to see the date—there were lqr. 16lbs. weight delivered to him—this room is twenty feet by eighteen feet—there is a very trifling projection in the room of about nine inches-Walker was in the angle of the room—Sharp was not paid by the job.
MR. BODKIN. Q. At this time was it the duty of both these men to be at work? A. Yes—neither of them were at work—there was work that they might have been employed in.
JOSEPH TAYLOR re-examined. Walker had not to be at work in the water-closet—he was with the plumber-there is a water-closet in the adjoining room, and there was work going on there—it was dusk—there was a candle in the room between the two.
(The prisoners received good characters.)
WALKER— GUILTY . Aged 24.— Confined Nine Months.
SHARP— GUILTY . Aged 37.— Confined Eighteen Months.
221. FREDERICK KEYS was indicted for stealing 1/2 oz. weight of paint called sap green, value 2d.; 2 bladders, 2s.; 12 steel pens, 6d.; 2 bottles, 4d.; 1 pot of ointment, 1s. 6d.; loz. weight of lozenges, 1s.; 6 boxes of pills, 6d.; 12ozs. of medicine, 2s.; and 14 packets of medicine, 16s.; the goods of Joseph Douglas, his master.
MR. BODKIN conducted the Prosecution.
JOSEPH DOUGLAS . I carry on business in the medical line, in Trevor-terrace; I am a surgeon and general practitioner. The prisoner came into my service on the 12th of August—he resided in my house—I had no reason to be dissatisfied with his honesty till the 30th of Oct., when I had a communication from Esther Bryan, my servant, about four or five o'clock in the afternoon.
Q. In consequence of what she said to you, did you speak to the prisoner on the following morning? A. In consequence of that, and having seen something myself (I did not make any examination myself, but Bryan brought me two bottles) I examined the prisoner's great coat on the following morning, and found several packages—I did not examine them all—I then spoke to the prisoner; I desired him to bring his great cost to me, and he did—the contents of the pockets were then taken out, and these things were found there—(looking at Men)—these things are mine, and I proved them to be so by the paper which he took out of the drawer—I fetched some papers from the shop drawer, and they were the same as these papers—the prisoner said the things were his own, that he brought them from his own house to give to the sundry-man to dispose of for him—I sent for an officer, and the prisoner was given into custody—before he left my bouse in custody he said that was all the property of that kind that he had—I then accompanied him and the officer to the station—his person was there searched, and three other packages were found, making altogether seventeen packages—among these things were found half an ounce of sap green, two bladders, twelve steel pens, two bottles, one pot of ointment, one ounce of lozenges, twelve boxes of pills, and fourteen packets of medicine—fourteen packages were produced in my surgery, and then three more—these are the fourteen, and these other are the three—the value of them would be about 1l.—this is the same kind of paper as is in use in ray surgery—I had such articles as the whole of these in ray stock—here is a piece of sap green, the wrapper of which has the handwriting, in three
separate placet, of my former assistant, Mr. Reeve—there is nothing on any of the others to distinguish them in that way, but I have the whole of such things in my shop—I was absent from my surgery generally from eleven o'clock till five—the prisoner was left in charge of it.
Q. Had you any conversation with him about any stock that he might have? A. Yes; I said if he had any remaining on his hands from the time he had been in business I would take it at cost price—he said he had nothing but a few sundries which would be of no use—these are such things as I would have taken of him.
Cross-examined by MR. CLARKSON. Q. How long have you been in business? A. About ten years—my business, as a chemist, has not been extensive—it is not very limited—it is an average business—I do not keep a stock-book—I have not taken stock, as a whole, during the ten years I have been in business—about October my stock was worth about 150l. or 200l., but I am not much accustomed to valuing these things, I only speak generally—the prisoner's brother lived assistant with me for twelve months—I heard from his brother and himself that he had been in business—my own circumstances had never been troublesome to me in my life—I never felt the want of money—I have borrowed money—my circumstances were not crippled during the time his brother was with me.
Q. Did you ever borrow 10l. of his brother on your wife's watch? A. Yes—his brother had spoken to me about the high price I was paying for drugs, and he said that he could, for ready money, purchase drugs far cheaper than I was buying them, and if I liked, be would purchase those drugs at a low price, at wholesale houses, in large parcels, and I should borrow money of him, as he was in the habit of lending money on interest, and that was the way he employed his capital, and I should give him a bill—I never had given a bill—I did not notice it, and I said, "You shall have this watch (which I believe was the one I have in my pocket)for a few days"—and another time I gave him a bill, which I was not accustomed to, which I think was for 10l. or 15l.—I do not recollect the amount that was advanced on the watch—I think it was about 15l.—I do not know whether it was 10l. or 15l.—that was when he first came into my service, in the autumn of 1842—I make no memorandum of these things.
Q. I take it for granted that this money was all paid back in the lump, and not by instalments? A. I do not recollect that—I think the bill was for two months—whether it was 10l. or 15l. lent on the watch, I do not know, and whether I paid it by instalments, I cannot tell—when the term expired, the bill was settled, but how, I do not recollect—I believe I gave him the money—I do not distinctly recollect—the first arrangement was, that he should buy the drugs, and 1 should owe him the money, and pay some interest; but afterwards he was to have a larger quantity, which I believe came to 10l. or 15l.—I was willing to avail myself of a loan of 10l. or 15l. for the purpose of buying at cheap houses—I knew when the prisoner came to me that he was a married man—at least I believed so—I said be might as well let people suppose he was single as not.
Q. After a little while did you suggest to the prisoner that he should buy or hire a Clarence carriage for you to ride in, and you would pay him by instalments? A. No—I said as he had a coach-house, and he kept a pony and chaise, whether it was worth his while to keep a larger carriage, which I would pay him for the use of, for two hours a day—I spoke of a four-wheel headed chaise—I looked over his coach-house, and said, "This would not do in case I were to keep a Brougham"—I never in my life instructed him, when the wholesale druggists called, to offer them bills instead of money.
Q. Did you ever with him to purchase quantities of candles, and soap, and tea, and sugar, on your account? A. Yes—I suggested, as he had a pony and chaise, if he was to go into the City and make these purchases at the wholesale houses; then when he brought them home, I would take them at cost price, or a portion of them, so as to be a mutual saving to both families—the prisoner was to buy those things with his own money—I do not know that I told him I had not the present means of paying for them—it was the proposal that he should pay for them with his own money, because I had not the present means of paying for them.
Q. Do you remember any time wishing to postpone the payment of Esther Bryan's wages, from a deficiency of pecuniary matters? A. No—I have never been applied to by her for wages when I have not been prepared; but my wife has sometimes said to me, "I wish you would let Esther have her wages up to this date, "and I have told her it was not convenient to pay them at that time.
Q. How long before you gave this man in charge had he taken a house in your street? A. I was not aware he had taken any house—I do not know now that he has—I had not reason to believe that he had taken a house, or was about to take one, to commence business—I have reason to believe it now—I heard it the morning after he was taken—three persons told me—Mr. Chester and the hair-dresser, and a servant, and my wife told me—I will swear my wife had not told me before—at the examination at the station, there was the copy of a letter showing him to be in treaty for a house in the road, two doors from me, but that letter I did not see at that time.
Q. Now I ask you this question, and permit me to suggest to you to be cautious how you answer: When the wholesale druggists applied for their bills, due the preceding Christmas, did you not authorize him to ask the people to take bills? A. No—two of my creditors sent word to know if it would be convenient to send for their bills—I sent word it would be convenient, and if I did not give them their money in two or three weeks, I would give them bills, which I did—I did not tell the prisoner, that if the servants of any of the wholesale druggists applied for their accounts up to the preceding Christmas, I was unable to pay them, and to offer them bills—I never had any communication with him on the subject of my wholesale druggists' accounts, except those bills I am speaking of—those two bills were for 79l. odd—I certainly do not know that a fortnight before he was given in custody that he told my wife, as well as Esther Bryan, that he was in treaty for a house—the sundry-men never call at my house for the purpose of buying drugs—I told the prisoner, when 1 gave him in charge, that these goods were mine, and I could prove it by the papers—I have mode inquiry about the paper of the man that sold it me—I believe his name is John Croft—he is an oil and colourman, aud I believe lives in the Kent-road; but I bought this in my shop—he is not a sundry-man—a sundry-man supplies leeches and pill-boxes, and things of that kind—I asked him whether he could not identify that paper—he did not tell me it was impossible to do so, that he had above eighty reams, and was in the habit of selling it at various places—he said he did not understand the manufacture of paper—I said the proper way of distinguishing it was by the water-mark—he said he had no means of distinguishing it, because it was not his manufacture.
Q. Take any wrapper from any of the drugs you know by the paper, and tell the Jury your means of distinguishing the paper? A. By holding it up to the light you will find there are minute lines which designate the paper, but by way of distinguishing the paper I produce this piece from the drawer, and that exactly corresponds in form and size, edge, and in character.
Q. Allow me to ask, if in ten years' experience you intend to swear to the identity of that wrapping paper by the comparison of it with the piece you hold in your hand? A. Certainly I do—there is not another chemist or druggist in the street I live in—this is a cheap paper, which I bought on account of its cheapness, but I have used better paper—I swear to this from the similarity of its size and the irregularity of the edge—here is one piece which has writing on it," Bots II" and "Sap green"—this is all the writing of Mr. Reeve—I do not know that I had seen this before—I know I had a piece of sap green—I do not know that I had seen it for twelve months—it is not a drug—it had been kept in a recess—the last time I recollect seeing it was in the till—that was when Mr. Reeve was with me, in the early part of 1842 or the latter part of 1841—it is the custom of my assistants to leave a paper in the till of what they have paid—this means that he had paid out of the till 11d. for bottles—at the time I saw the paper it was valueless, but by its having "Sap green" on it I suppose it was after that used for the purpose of enveloping a piece of paint—I cannot give any time when I had seen this green—I had seen this box of Inglish's pills, and this Hooper's pills, and this pot of Poor Man's Friend in the drawer in which I keep these things two or three times before I charged the prisoner with having stolen them—I never said so till to-day—I was not asked the question—I have been to the prisoner's house, and seized a box containing between 300 and 400 packages—that is the subject of another indictment—I firmly believe every one of these articles is mine—I think I can undertake to swear positively to about ten or twelve.
ESTHER BRYAN . I am now living servant with the prosecutor, and have for nearly two years. I remember the Tuesday on which the prisoner was given into custody of the policeman—I had on the Monday told Mr. Douglas something about the prisoner—I had noticed two bottles of medicine in the prisoner's great coat pocket on the Friday in the week before—his great coat was kept in the bottom drawer in his bed-room, which is in the bottom part of the house, by the side of the kitchen—I looked in the pocket, and saw these bottles.
Q. Had you seen any thing before that induced you to look in that pocket? A. Yes, by his coming down for the last month, and closing the door after him—I went and felt, and thought there was something in his pocket, and the next day I went and there were two bottles in it—I looked at night, and the bottles were empty, and then I looked again—before I looked in the pocket I had seen the prisoner go out with his great coat on, and I noticed several times that the pockets were full—on the Monday afternoon I looked into the pocket of his great coat—I found two bottles and a parcel—I am sure there was no more, and from the time I saw them till the policeman came the next day the prisoner did not go out of the house—I told my master on Monday, and on Tuesday before I spoke to my master I examined the pockets again—there were more packages then in it, but I did not count them—my sister lives housemaid in the house, and she had noticed the same as myself.
Cross-examined by MR. CLARKSON. Q. Did you leave the service on the Monday night? A. No, I went to see if nay character suited on Monday night, and left on Tuesday—I did not return on Monday night, as it was so wet—I went out about nine o'clock on Monday night.
COURT. Q. You were out all night? A. Yes—I went out about nine or half-past nine o'clock.
MR. BODKIN. Q. Was your sister at home when you went out? A. Yes.
remember the Monday she went out about her character—I do not remember what part of the day the went out—it was morning.
Q. I mean the Monday before the policeman came, did your sister go out that day? A. I am not certain—she was at home that Monday night—I am still in Mr. Douglas's service.
Q. Do you remember any night when your sister was out all night? A. Yes—she left Mr. Douglas's house about nine o'clock in the evening, and did not return that night—when she went out that evening, the prisoner was in the house, and he never left the house after my sister went out—before that Monday my attention had been twice directed to prisoner's great coat—I looked at it about four o'clock on the Monday afternoon—I saw two bottles in the pocket—I did not look at it any more that day—I looked at it on the Tuesday morning, and found in it more bottles and other little parcels—I do not know what they contained.
Cross-examined by MR. BALLANTINE. Q. Did you tell this to the prosecutor? A. Yes—I was before the Magistrate, but have never been examined till this occasion.
WILLIAM REEVE . I was formerly in the service of Mr. Douglas—I left him in July, 1842—I had been in bis service about twelve months—this is my writing on this piece of paper—it was written while I was in Mr. Douglas's service—I remember wrapping up a piece of sap green in it, and placing it in store behind some jars—these figures on the paper signify 11d. gone out of the till to pay for bottles—the sap green was put in the paper after it was taken out of the till—it was a piece of sap green, about the size of this—I wrapped it up, and there left it.
Cross-examined by MR. CLARKSON. Q. When did you leave? A. In July—the stock was not very large—it was such as a man would miss three or four hundred packages from if lie looked after it—I do not swear to the sap green.
Evidence for the Defence.
EDWARD KEYS . I am the prisoner's brother—I live at No. 23, Clifton-street, Finsbury, and am a chemist and druggist—I was in the prosecutor's service from June 1842 till last June—my brother succeeded me about a month after I left, and I think he was there three months all but a few days—he had been in business for himself between nine and ten years ago—when he left business he disposed of a portion of his stock, and kept the remainder, endeavouring to sell it from time to time as opportunity offered—I remember seeing the box in which he kept this stock—I am the son of Commodore Keys, of Bombay—he died about thirteen years ago, and left all of us property—when I left the prosecutor he had a very small stock—if 400 parcels had been taken from it, they must have been readily missed in so short a space of time—my brother had been living at No. 1, Chelsea Park-cottages—I remember hearing of his leaving his situation—I called on Mr. Douglas in consequence of hearing he had had my brother apprehended, to ascertain what the charge was that he made against him—after Mr. Douglas had asked me how I did, he invited me into the parlour—I went, and they were having lunch—he asked me to partake of it—I had previously asked him what he charged my brother with, and first he said, if my brother had acknowledged that the drugs were not his he would not have done it, and out of the great respect he had entertained for me, he did not intend to press the charge at the
next examination—he told me his servant had had suspicion about my brother's honesty, and had gone down stairs and examined his pockets at different times, and had carried her suspicions to Mr. Douglas, and Mr. Douglas had told Mr. Douglas of the fact, and he upon that charged my brother—I reminded him that I had previously mentioned to him that my brother had been in business, and had some drugs by him—he made no reply to that—he said he could identify most of the packages he found—some of these articles produced are what my brother purchased of me at Mr. Douglas'—I cannot swear to this sap-green, but I sold my brother a piece of sap-green while I was at Mr. Douglas, and the only piece Mr. Douglas had there—it was in paper—here is a box of Frampton's pills, marked No. 8—I sold my brother some of them while I was in the prosecutor's service—I never told him any steel pens—I sold some iodine to him while I was in the service—it was in a bottle, and this is the bottle—(looking at it).
Q. Now turn to a bottle of balsam of peru—is that out of the box? A. Yes it is—I sold my brother balsam of peru—it was in such a bottle as this—I know the bottle again—this is it, and this is one of the articles that Mr. Douglas swore to—here is a packet of cardimum seed—I sold my brother some of that while I was with Mr. Douglas—they were wrapped in paper like this, and I believe it to be this very bit of paper, because it has the wholesale druggist's writing on it.
Q. Now look at a packet of summer roses, No. 11, out of the box, did you hear Mr. Douglas speak to these because they were last summer's roses? A. He said they were this year's roses—I did not sell my brother any roses at the time I was with Mr. Douglas—I have some roses like these at home now—I have sold roses to ray brother from my stock, and I believe it was this very packet—mine were not this summer's roses, and these are not this summer's—there was no day or stock book kept at Mr. Douglas' while I was there—I sold him some cathartic powder while I was with Mr. Douglas, and I believe this to be the powder—my brother paid me over the counter for these things—he could obtain them of me at cost price at my master's, which he could not do at another chemist's—I should say Mr. Douglas' circumstances must have been circumscribed while I was in his service—he has borrowed money of me repeatedly—when my brother went into Mr. Douglas' service I had some conversation with him on the subject of his selling drugs to Mr. Douglas—I cautioned him as to pecuniary matters before he went—I cannot swear to these Inglish's pills—my brother has had them of me while I was in Mr. Douglas' service—I believe this other article is eye ointment—I do not recollect selling him any of that.
MR. BODKIN. Q. Is there any mark on this Poor Man's Friend? A. No; these articles are sold by Barclay's, the great dealers in medicines—I do not recollect that my brother and I had any dealings for such an article as this while I was with Mr. Douglas—I have been a chemist and druggist for some years altogether, but latterly for six months—I carried on business before that at Chelsea—that is rather more than nine years ago—I was there two years—in the interval I was assistant at different places, and recently about six months I have purchased the stock and opened this shop—it was an established business before—I buy drugs as well as sell them—my brother entered Mr. Douglas' service about last August—I am not certain how long before that he had been assistant to any body else—I should say between two and three years—having property he did not require it—he was a chemist and druggist till about nine or ten years ago—my father had been dead about four years before my brother gave up that business—he carried on business in Cable-street, Ratclif F-highwuy, as a retail business—on giving up that I
believe he took a situation of some sort—he was in several situations till about two or three years ago—the property he became possessed of was from his father—I called on Mr. Douglas about Nov.—I went for the purpose of ascertaining the reason why he charged my brother—he had been examined once on this charge, but I was not at the office—I had seen him after he had been taken into custody, and before I called on Mr. Douglas—I saw him in prison, and he gave me his statement of Mr. Douglas' charge.
Q. Did you not, in the interview you had with Mr. Douglas, speak of the disgrace which would befall your family, and entreat him not to appear at the next hearing? A. I entreated him not to press the charge—I did not say that if he did not press the charge, the whole of these things should be readily given up—I told bim that it would affect my character so much that I would rather give him the amount, or double the amount—I will not swear that in the course of the whole of that conversation I said one syllable to Mr. Douglas of my having, while in his service, sold my brother an article—I do not know that I did not—I do not recollect having said so, our interview was so short—I was eating luncheon—I will not swear that I gave him the slightest intimation of part of these things being sold by me to my brother.
Q. Do you remember saying to him that you knew and could swear that your brother had in his possession a box containing drugs and perfumery jars? A. Certainly I do—I do not recollect that upon that Mr. Douglas said to me, "Why, it so happens that in the box found there were not any perfumery jars"—I did say that I believed, when I was in Mr. Douglas' service, I might have taken a few pills occasionally—I do not recollect his saying, "I suppose you did not take 100 at a time?"—I remember his saying, "Among other things, there is a large box of pills which has on it my printed label."
Q. I think you have told us that, after you spoke to Mr. Douglas, he said if your brother bad admitted what he was charged with he would not have prosecuted? A. He did not say it in those words—he said, if my brother had not said they were his own, he would not have pressed the charge against him—he said my brother denied the charge made against him; that having charged my brother before the Magistrate, he was bound to proceed with the matter, or it would affect his honour—I observed that my brother would lose all his property if he were convicted—I did not tell Mr. Douglas that I would take care, or his friends would, that there should be an assignment, so as to prevent that; the subject was not alluded to—my brother was living for a year and a half or two years at No. 1, Chelsea Park-cottages, before he went to Mr. Douglas—he was in the habit of coming to me during that time—I was at my present shop—he came to me frequently while he was in Mr. Douglas' service, and frequently while I was at Mr. Douglas'—I cannot positively recollect that any of the sales occurred in Mr. Douglas' presence, but Mr. Douglas knew of my brother's coming to purchase—Mr. Douglas has passed through the shop while my brother has been there with me—he was never present to observe any dealing between us—he was seldom in the shop.
MR. CLARKSON. Q. He was out from eleven o'clock till five? A. Yes—he did not go in a Clarence—when I went to entreat him not to press this charge, not one article was produced which he said this man had taken—I did not go to screen my brother from a felony that I believed he had committed, but for the purpose of saving my own character as a tradesman—I did not know that he had committed one of these felonies, and did not believe it—I have never had any transaction with him in secret—Mr. Douglas knew that he was a purchaser, because I had mentioned to him that I was in the habit of selling
my brother things—I sold him such articles as these while I was there—this large box is the box my brother had containing the remains of his stock at Chelsea Park-cottages—when Mr. Douglas said there was a large box having his printed label on it, he did not produce the box to me, so as to call my attention to the description of article—my reason for stating that I would rather pay him double the amount of the drugs than have my brother prosecuted, was to save my reputation and my name—I had no reason for believing that my brother had really been guilty of any felony; I believed him to be not guilty—I pay nearly 40l. a-year rent for the house I occupy—I have been in trade for myself about six months this last time—I remember an application being made to the Magistrate to permit witnesses to be produced to examine the contents of this box, that they might be able to state whether they could recognize any of them, as having sold them to the prisoner—the Magistrate refused—I remember your protesting against it, and you said you would make that a part of your case to the Jury when he was tried.
MR. BODKIN. Q. Do you mean to say, that you now see these things for the first time since this matter has been under investigation? A. This is the first time since the examination—I was present at some of the examinations—I did not see the bulk of the goods then—I saw one or two articles.
MR. CLARKSON. Q. Were not the seventeen articles, the fourteen spoken of as found in the coat, and the three taken from his person, produced before the Magistrate? A. They were.
Q. Was it not as to these that you came to speak of what you had sold, such as were produced from that seventeen? A. Yes—there were others alluded to in the box, but the contents of the box were not produced, only three or four.
ELIZABETH LANGRIDGE . I have been servant to the prisoner about fifteen months—this deal box was in his house when I went there—it contained packages such as these I see at present—I had observed it from time to time—I understood it contained part of his stock—I remember my attention being called to that box about six months ago—I put a sponge in the box—this is the sponge I put there—(producing it)—I have seen it often—I have used it twice, and placed it in that box—I remember the wrappers of the packages in the box being changed about six weeks or two months before my master went to Mr. Douglas'—fresh papers were put on to keep them preserved, and the old ones were given to me to burn—on the Sunday evening before my master was taken on this charge, I heard some conversation between him and his wife about these drugs, and on the next morning he came down, and brought down two or three bottles and some packages, smaller than those I had seen in the box—he put them on the side-board in the hall, and when he went out to go to Mr. Douglas, he put those packages into his pocket—I know this box of pills—I fetched it from Mr. Douglas' about two months ago—I went there for it, and my master served me—I paid 1s. for it, which I had got from my mistress—here is the name written on this box—it is rather a large box, and I made a remark on that at the time—I have gone on one other occasion for some pills and medicine for a gentleman who was lodging in our house—the lodger gave me the money, and I paid it.
MR. BODKIN. Q. What time of day was it you went to buy these pills? A. Between eleven and twelve o'clock—I was going to the linen-draper's for something for myself, and my mistress told me to ask for a box of pills—I had 1s. given me—I was not told what to ask for, only a box of pills—my mistress was ill—I had been to the linen-draper's first, and I came from Mr. Douglas', home—my mistress told me to call and buy a box of pills, and to
pay 1s—there was no other servant, and no one at home but my mistress and the little child—my mistress took some pills that day—the linen-draper was Mr. Jones, at Knightsbridge—I do not know how far that is from Mr. Donglas'—the linen-draper's and Mr. Douglas' are much the same distance from my master's—one is one way, the other the other—I got back home about two o'clock—my mistress dined about one o'clock—she had not dined when she sent me out—she dined while I was out—she got the dinner ready herself—when I got back with the pills she was in the parlour—this large box was kept in a closet on the landing up stairs—my attention was called to this box when I had been three weeks or a month in the service—my mistress showed it to me.
MR. CLARKSON. Q. Do you know whether your master and mistress had spoken about these pills? A. He knew what was best for my mistress.
MR. BODKIN here withdrew from the prosecution.
NOT GUILTY .
222. FREDERICK KEYS was again indicted for stealing 1/2 oz. of otto of roses, and 80z. of rose-leaves, value 5s.; 2oz. of sponge, 6s.; 3 rollers, 1s.; 40 bottles, 6s.; 2 pill-boxes, 1d.; 700oz. of medicine, 15l.; and 330 pockets of medicine, 15l.; the goods of Joseph Douglas, his master.
NOT GUILTY .
Cross-examined by MR. CLARKSON. Q. What is it? A. A masquerade domino cloak—there is a long tuck in it which I know it by—I had it put in to make it shorter—I went out at eleven o'clock, and then I knew it was safe—I passed St. Martin's church at six or seven minutes past eleven.
LEWIS HART , of Holywell-street. About three o'clock in the afternoon of the 1st of Nov. I was standing opposite my place—the prisoners passed together—Cochrane said as he passed, "That is Mr. Hart"—Cochrane then went into a public-house on the opposite side—Way crossed into my shop, and produced this domino cloak—I asked what he wanted for it—he said 15s. or 1l.—I cannot say as to the exact sum—he said he purchased it of a gentleman, a stranger, in a coffee shop—I asked where he lived—he said at a coffee-shop in Newcastle-street, where we afterwards found him.
Cross-examined by MR. WILKINS. Q. Was not the expression he made use of, that it had been bought of a gentleman? A. As far as I can recollect those were his words—I do not recollect his saying he would go out and consult some one.
JOHN ARMSTRONG . I keep a coffee-shop in Stanhope-street. Way lodged with me—on the 1st of Nov., while he was having a steak, Cochrane came in and had a cup of coffee—he had a small parcel in a handkerchief—they stopped about a quarter of an hour and went out—Way got up about eleven o'clock—he had not been out before to my knowledge.
EDWARD ROPER , shopman to Mr. Young, pawnbroker. About half-past three or four o'clock Way brought this silk domino to pledge for 15s—I offered him 10s—he left for a few minutes, came back, and pledged it for 10s.
Cross-examined by MR. WILKINS. Q. Did he not say be would consult the person to whom it belonged? A. Yes.
WILLIAM POCOCK (police-constable F 31.) I apprehended Way the same day—he laughed, and said he could clear himself—Cochrane said it was a mistake, he knew nothing about it—on the way to the station Way said he pawned it for 10s., and gave Cochrane the duplicate, and received 1s. for his trouble.
MR. CLARKSON called
----BURBIDGE, tailor. I purchase secondhand clothes at the auction rooms of Machin and Debenham—I have known Cochrane about four years—he was an engraver, but has attended sale rooms, and bought and sold goods there—on the 1st of Nov. I was at Machin and Debenham's rooms, and saw him there between ten and eleven o'clock—he remained in my company till about twelve—a person came in named Stevens—he brought in such a cloak as this—Cochrane bought it of him in my presence—I am sure Cochrane had not left the place from a quarter to ten till Stevens came in.
NOT GUILTY .
224. JOHN KNIGHT was indicted for stealing 1 brush, value 1s.; and 1/4 lb. weight of ochre, 2d.;—also, 30lbs. weight of lead, 5s.; and 5lbs. weight of solder, 2s.; the goods of George James Soward, his master; to both of which he pleaded
GUILTY . Aged 50—Recommended to mercy.— Confined Three Months.
AUST pleaded GUILTY . Aged 17.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
WILLIAM JAMES CLARKE . I keep a grocer's shop in College-street, Camden-town. About seven o'clock in the evening of the 18th of Nov. I heard a cry of "Stop thief"—I went to the door, and saw Mr. Hood with Aust and my cheese.
BENJAMIN HOOD , of College-street West. I was inside my shop, which is nearly opposite the prosecutor's—in consequence of what my sister said I went to my door, and saw a boy come out of the prosecutor's shop—two others were by the window—they all went separately up the street—I got before them—I then crossed over to the side that they were on, and let two of them pass—then Aust came up as the third—he was three or four yards from the other two—I took him with this cheese in a bundle.
EDWARD BRIGGS , tailor, Little Camden-street. I was at Mr. Hood's shop—I went to the door—Hood went before me—I saw a person resembling Taylor come out of the prosecutor's shop, but I could not swear to him—he gave the property to Aust, and they walked up the street.
Cross-examined by MR. WILKINS. Q. I believe you have a very imperfect knowledge of who came out? A. I should not like to swear to either of the prisoners.
GEORGE COOK (policeman.) On Saturday evening, the 18th, I was called to the prosecutor's shop, and Aust was given into custody—he made a communication to me—I went to Phillips's-buildings, where Taylor lived, on Sunday morning—I told him I wanted him, on suspicion of stealing some cheese from Mr. Clarke's shop—he said he knew nothing about it—I took him to the station, and the other two were there—they were laughing and
giggling—Taylor began laughing at Aust, who was looking through the cells—Aust said Taylor was the one who went in after the cheese, he gave it to Lamb, and Lamb gave it to him—the others did not deny it.
Cross-examined by MR. WILKINS. Q. You cannot swear that they heard him? A. No.
MR. BALLANTINE. Q. How far were they from him? A. They might be a yard—I was about two yards from him.
SAMUEL FRANCIS (policeman.) On Sunday morning I took Lamb—I told him I wanted him on suspicion of stealing some cheese from College-street—he said he was not out that evening along with the boys—I had mentioned Taylor and Lamb—I told him I had seen him with Taylor and Aust about five o'clock that evening—he said he was with them then.
LAMB and TAYLOR— NOT GUILTY .
Cross-examined by MR. BALLANTINE. Q. Are you quite certain of it? A. Yes—it appears to have been worn—I have seen some of the prisoner's friends—I did not tell them it was a very stupid thing to employ counsel—I borrowed half-a-crown from the prisoner's mother—I did not tell her I might be uncertain about the coat, and the bill would be thrown out—she said she would give me a sovereign if I would make a flaw—I was to have had the other 17s. 6d.—if she had given me that I would have appeared—I did not intend to take the 17s. 6d.—if she had paid me the 17s. 6d. I should not have appeared against the prisoner—it was she herself that wished me to take the money—I swear I said nothing about the Grand Jury—she told me I could make a flaw.
HENRY HRTTBRIDGE , of New-cut, Hackney. I bought the duplicate of this coat of the prisoner, five or six months ago—I was stopped with the coat on my back—the prosecutrix came and said, "Allow me to look at your coat"—I unbuttoned it, and showed it to her—she said she could swear to it—she called, and gave me in charge.
Cross-examined. Q. Is this the first time you have been charged? A. Yes—I wore the coat about eight times—the prisoner took it out of pawn at Mr. Cotton's, in the Hackney-road.
NOT GUILTY .
CHARLES THEAKER (police-constable.) On the 24th of Nov., at half-past three o'clock, I met the prosecutor with a prostitute—they appeared drunk—they went into a public-house, and called for a pint of half-and-half—I watched, and saw the prisoner go and turn the prosecutor's pocket up, and heard something which appeared to be money—I said, "What have you been doing? you have been robbing the soldier"—he said, "You b—if I have, you shan't take me "—he struck me in the eye—I threw him down and sprung my rattle—Dickers came up—he passed something to him.
GUILTY.* * Aged 25.— Confined One Year.
JANE SMITH . I am a widow, and live in St. Pancras. About six o'clock in the evening of the 20th of Nov. I was at the back of my shop—the prisoner came in—I saw him take some cheese—my daughter ran after him, and he was immediately brought back—the cheese was brought into my shop.
Prisoner. This man did not take me.
GUILTY . Aged 16.— Confined Three Months.
Prisoner's Defence. I was starving; I bought 2d. worth of bread with the money.
GUILTY . Aged 17.— Confined Fourteen Days.
230. RICHARD BURKE, MICHAEL MANNING , and THOMAS KNIGHT , were indicted for stealing 1 pair of boots, value 4s., the goods of Catherine Tatham; and that Knight had been before convicted of felony: to which
BURKE pleaded GUILTY . Aged 12.— Confined Three Months.
CATHERINE TATHAM . I keep a shoe-shop in King-street, Marylebone. About quarter before five o'clock, on the 17th of Nov., I was sitting in the parlour behind the shop—I saw Burke put up his hand to a shelf, take a pair of boots, and run away—my nephew followed, and took him, with a boot in each hand—I asked why he took them—he said another boy took them, and gave them to him.
HENRY MILTON (police-constable D 165.) I had information that Manning and Knight were wanted—I went to the play, and met them coming out—I took them, and told them it was for stealing these boots—they denied it, but at the station Manning said there were several boys—Knight said, "There were only three of us together when we took the boots."
MANNING and KNIGHT— NOT GUILTY .
MICHAEL HARRIGAN . I met the prisoner on the 24th of Nov.—I am sure she is the person—I went home with her—I missed my jacket when I awoke the next morning—I charged her with taking it—she said the landlady had it—there was a half-crown and sixpence in the pocket of it—this is my jacket.
Prisoner. Q. You have been with me five years, and never gave me a farthing.
Witness. I have seen her about—I had spent one sight with her before—I paid her—the asked me for 2d., and I gave it her—she got some beer—she left it on the table and went out—I did not see her till the officer brought her.
JAMBS ROOKE (policeman.) I took the prisoner about ten o'clock in the morning—she said, "I took the jacket, and pawned it; here is the duplicate; what a fool I should be to sleep with him all night for 1s."
Prisoner's Defence. He gave it me, and said, as I wanted money, I might pawn it for 4s., I was coming home, and I met the policeman.
GUILTY . Aged 23.— Confined Three Months.
WILLIAM BROWN . I live in Pump-row, Old-street. On the 18th of Nov. I met the prisoner—I had two half-sovereigns in my trowsers pocket—I did not go to bed with her, but was with her about five minutes—immediately she left I missed my money—I came out, and described her to the policeman—he took her—I am sure she is the person—there was another person in the room, but she left—I picked up a half-sovereign when she was taken—it was half-past eleven o'clock.
ROBERT SUTTON (City police-constable, No. 230.) On Saturday night, the 18th of Nov., I was on duty in West-street—I was told of this—I went and saw the prisoner and another female going into the Coopers' Arms—I took the other, and the sergeant took Smith—I saw the prisoner swing her left hand round—I turned on my light, and picked up a half-sovereign—I am sure it was what she threw away—the prosecutor was perfectly sober.
Prisoner's Defence. It was Pearson, the other girl, who dropped the half-sovereign. I never saw the prosecutor till I was taken. I was drinking with Pearson, and the prosecutor came and took her.
GUILTY . Aged 18.— Confined Three Months.
233. CHARLOTTE CHAPEL was indicted for stealing 1 scarf, value 10s. 6d.; 2 leather soles, 6d.; 1 pair of gloves, 10s. 6d.; and part of a rabbit-skin, 6d.; the goods of Philip Robert Newman, her master.
PHILIP ROBERT NEWMAN . I live in the Quadrant—the prisoner was in my service—on the morning of the 20th of Nov. I searched her box—I found these things—I am sure they are mine—I believe her box was locked.
Cross-examined by MR. WILDE. Q. How many persons have you in your employ? A. Five—I missed some scarfs—I took the prisoner and two shopmen into my parlour, and told them—then we all went up stairs together to the prisoner's room, where the box was—no one else sleeps in her room—the bed-room is open—other persons sleep in the house—I have no other female servant—I had seen this scarf in the shop-window about a fortnight before—it is marked with my own writing—I am not the only person who sells—to the best of my belief it was not sold—I cannot say when I had these soles—I sell a great number—I have compared them with some others that I had, and they are sewed with a particular thread, like the others—I cannot say when these were taken—I know the gloves by the marks inside—I cannot say whether they were sold—I bought them, with others, about two months ago—these things may have been taken at one time, or they may not—I cannot say when I had seen the rabbit-skin.
JURY. Q. Was she in the shop? A. Yes, occasionally, to mind it sometimes while we were at dinner—the other persons have been in my employ three or four years—every article that is sold has the ticket taken off.
NOT GUILTY .
CHARLOTTE LUSTER . I am servant to Mr. Price, in King's-road—about a quarter past seven o'clock that evening, the prisoner came to the house, and said he wanted an answer to a note that had been left there—I went down in the kitchen, and came up in three or four minutes—he was gone, and the cloaks too—no one else had been there.
Prisoner's Defence. I was not there.
GUILTY . † Aged 18.— Confined Six Months.
JOHN BENJAMIN ADAMSON , stationer. On the 22nd of Nov. I met the prisoner, and went home with her—I went to bed, and about three o'clock I awoke, and found she had got up, and my clothes had been flung on the floor—my watch was taken from my waistcoat-pocket—I accused her, and she gave me the watch—I then missed the other things—she denied it—I gave her into custody—the pin was found in the breast of her gown, and the handkerchief she flung into the fire-place.
Cross-examined by MR. DOANE. Q. Were you drunk or sober? A. Quite sober—I was with her about an hour and a half—I went to bed about half-past one o'clock, and fell asleep, and awoke about three—she did not awake me—I found she had got up, dressed, and got a light—there was no light in the room when I went to bed—I believe it was put out—this pin is worth 7s—I put it in the end of my stock—I gave the prisoner 2s., and told her that was all I had—the policeman did not come before I left—I went out with the prisoner, and called—she did not hand me my watch, and say it had dropped on the floor.
Cross-examined. Q. Had she it on her shoulders? A. No. John Porter (policeman.) I found this pin on the right side of the prisoner's dress.
NOT GUILTY .
EDWARD JOHN CORN . I am the son of Edward Corn, boot-maker, Constitution-row, Gray's-inn-road. On the 29th of Nov. the prisoner came in—she left, and I missed two boots—I followed, and found them on her, about twelve yards from the house—she said she hoped I would not give her in charge, it was the first thing she did, and it was poverty induced her to do it—she had got about a dozen yards from the house, and then she ran into Acton-street—I took the boots from her, and then she ran off.
Prisoner's Defence. I went to this shop, and Corn used most gross language
to me. I took a boot, and flung one at him; then the policeman came; he had followed me out, with two boots in his hand.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Three Months.
Sixth Jury, before Edward Bullock, Esq.
237. ISAAC DAVIS and JOHN MEAD were indicted for stealing 3 trusses of straw, value 3s.; the goods of Thomas Hawkins, the master of Mead, and that Davis had been before convicted of felony; and DANIEL HOXLEY for unlawfully receiving the same, well knowing them to be stolen, &c.
WILLIAM EDWARD JORDAN . I live with my father-in-law, Thomas Hawkins, who keeps an hotel in Dover-street—he has a farm at Chiswick—Meed had lived there about twelve months—Davis was employed there occasionally—on Tuesday, the 21st of Nov., I directed a load, consisting of thirty-nine trusses, to be put into a cart, and given to them, and I told them to deliver it to Mr. John Wild, North-end, Fulham—I went next morning to them, and asked what they had done with three trusses—Davis told me to ask Mead, and Mead told me to ask Davis—I asked them two or three times, and got no answer—I went next day to the barn at Acton, and met Davis—he told me it was sold at the Red Cow, and that Jack had sold it, that he asked him to lend him 6d., he would not, and he said he would be d—d if he would not make money—I found the straw in a corner of the loft at the Red Cow—it resembles my father's very much, but I cannot swear to it, but the binder could.
Cross-examined by MR. PAYNE. Q. Where is the binder? A. In the country—I saw him last about two months ago—I do not know what has become of him—Mead is the son of a respectable person at Wilsden, and has conducted himself very well up to this time.
Cross-examined by MR. HORRY. Q. Did not Davis say somebody had told the straw while he was sitting in the tap-room? A. He came to me while I was sitting in my gig, and said he wanted to speak to me, and then he said he was in the tap-room, and John Mead sold the straw.
JOHN CHANCE . I am in the service of John Wild, of North-end, Fulham. On Tuesday Davis and Mead brought thirty-six trusses of straw—I received them—they took three away, one took two and the other one, in two carts—I said they had better leave them, I was sure they were sent to make up short weight—Davis said they were to take them home for litter, for their own horses.
EDWIN EARTHEY (policeman.) On the 22nd the prisoners were given into my custody—as they were going to the station, Meed said he had sold the straw to little Dan the ostler, at the Red Cow, and Davis was as bad as him—I after that saw Hoxley, who is ostler at the Red Cow—I told him I came to take him for buying straw the day before, that was stolen—he said he bought no straw, only of a man named Rouse—I searched, and in the loft found three trusses of straw—I got into the loft by a key that Hoxley had in his possession—the prisoners' examinations were taken down in writing—they were all three present.
GEORGE LOWE (policeman.) This signature is Mr. Clive's handwriting—(read)—Mead says, "Before we got to Mr. Wild's, I asked Davis to lend me 6d.; he said, 'Never mind now, I counted the straw wrong, and there will be one or two trusses over;' when we left Mr. Wild, we had three trusses in the two carts, which we brought to the Red Cow; we drew it into the yard, and I asked Hoxley what he would give for a truss of straw; he said 6d.; I said, 'Here are three trusses;' I went into the tap to Davis; he asked if I
had put the straw away; I said, 'No, there is somebody in the stable, I don't like;' Davis then went out and returned, and said they were not taken out; I went out, and saw Hoxley; I said, 'Are you going to take them out?' he said, 'Are they all out of the stable?' I said, 'Yes, all, but a man in a short jacket;' he said, 'That is the man, tell him to take them out of the cart;' I told him, and soon after I was going out, and Hoxley met me, and gave me 1s. 6d., the greater part of which I spent with Davis in beer."—Davis says, "When we left Mr. Wild's place, I had two trusses and Meed had one in his cart; directly we got out at the gate, he said, 'You may as well put your two trusses on my cart, 'which I did; he then said, Will you lend me some money?' I said, 'I shall not;' he then said, 'I will be d—d if I don't make some money;' I said, 'What of?' he said, 'Never you mind;' we stopped at the Rew Cow, and I went into the tap-room, and called for a pot of beer; as we were coming out, I said, 'Have you paid for the pot of beer?" he said, 'No, I am going to pay for it now;' he then fetched his cart, without any straw in it, and we drove off together; I said, 'What have you done with the straw?' he said, 'What odds does that make to you?' my cart stood outside in the road at the Red Cow."—Hoxley says, "I never bought any straw of either of the prisoners; the three trusses of straw the constable found in my loft I exchanged with a man named Rouse for some dung on Monday last."
(Mead received a good character.)
DAVIS— GUILTY . Aged 22.— Confined Twelve Months.
MEAD— GUILTY . Aged 17.— Confined Six Months.
HOXLEY— NOT GUILTY .
JOSEPH WILLIAM WHITE . I live at the Globe public-house, Liquorpond-street. About half-past three o'clock, on the 28th of Oct., the prisoner came and called for a pennyworth of gin—I am sure she is the person—she had the gin—I turned my back to speak to my little boy—I heard the door—I turned and missed a bottle of spirits of wine—she walked out—after going to her lodging two or three times I found her—I asked what became of the bottle—she said, "I know nothing of it"—I said, "Yes, you know you took it; and you now smell very strong of spirits of wine"—she said, "Do not hurt me"—I asked her to return the bottle—she said she could not—I went to her lodging again with a policeman, and found the bottle broken on the landing—this is the remains of the bottle—I can swear it is mine.
JAMES CHURCHYARD (policeman). I found the prisoner with the prosecutor—she was given in custody afterwards—I went to her lodging and found this broken bottle—I told her I had found the bottle, and she said she must suffer for it.
GUILTY .—Recommended to mercy.— Confined One Month.
ANN GROOM . I am the wife of Zachariah Groom, tobaconist, Cumberland-row, Islington. About eight o'clock in the morning of the 30th of Nov. I was in the parlour behind the shop, and saw the prisoner in the shop, with
his hand on the cigars in the window—I went into the shop, and at that time Hatfield laid hold of the prisoner, who was taking the cigars—he struggled—I laid hold of him also—he got us both out, and scratched my neck—I examined the window—the cigars were tied together down to the bottom—one bundle of cigars which be laid hold of was removed from the other—they were all pushed out of the string—they are worth about 5s—I afterwards found the prisoner in custody—when he ran I called "Stop thief."
CHARLES HATFIELD . I was against my father's door, and saw the prisoner go into the prosecutor's shop—he came out again and spoke to a man who was about a dozen yards outside—he then returned into the shop, reached over the board, and laid hold of the cigars—I went in and collared him—Mr. Groom came—he struck me in the face, and struck Mr. Groom—knocked us both off and ran away—there was a cry of "Stop thief!" and he was pursued.
Prisoner. Q. Did you see me move any bundle? A. Yes—I laid hold of you when you laid hold of the cigars.
THOMAS WITHERS (policeman). I saw the prisoner about fifty yards from the prosecutor's—he was running, and several persons tried to stop him—he ran into a public-house—I went in—he said, "I have done nothing."
Prisoners Defence. I went to purchase a cigar—the bundles were all laid in the window—I had to reach to pick out one—I might have knocked down this bundle, but as for taking it, or havingit in my hand, I deny it.