CENTRAL CRIMINAL COURT.
SECOND SESSION, HELD DECEMBER 11TH, 1843.
MINUTES OF EVIDENCE,
Taken in Short-hand
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 11th, 1843, and following Days.
Before the Right Honourable WILLIAM MAGNAY, LORD MAYOR of the City of London; Sir Ed. Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Key, Bart.; Thos. Kelly, Esq.; and Samuel Wilson, Esq.; Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; Michael Gibbs, Esq.; John Johnson. Esq.; Sir George Carroll, Knt.; John Kinnersley Hopper, Esq.; and Thomas Challis, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergant of the said City; and Edward Bullock, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delirvery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
MAGNAY, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—Two start (**) that they have been more than once in custody—An obelisk (†) that a prisoner is known to be the associate of bad character.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 11th, 1843.
First Jury, before Mr. Recorder.
NOT GUILTY .
GUILTY . Aged 19.— Confined Nine Months.
(The prisoner received a good character.)
JOHN HARVEY . I live in King-street, Battersea, and am in the service of Isaac Isbel, a carrier. Between five and six o'ekiek, on the evening of the 6th of December, I stopped at Mr. Phillips', in Rood-lane, to deliver a box—I had a tilted cart—whilst on the step of Mr. Phillips' door, I saw the prisoner setting the parcel on the foot-board, im front of the cart—I had taken up that parcel at Mr. Ingleworth's, in Princes-street, Leicester-square, about three o'clock, and placed it in the back part of the cart, as far back as I could—I was to deliver it at the steam-wharf, to go to Glasgow—I did not notice the prisoner before I saw him with the parcel—he was in the cart—he jumped down—I made a grasp at him, but lost my hold—I immediately cried "Stop thief "—he ran up Rood-lane, and immediately he saw the constable he truned back—I kept on crying "Stop thief;" and a gentleman stopped him, and brought him back to the cart—I am certain he is the same man—the parcel was opened at the station, and contained snuff boxes and cigar cases—my master would have had to replace them if they had been taken away.
Prisoner. Q. Why let me get into the cart? A. Because I did not discern you—I was about a yard from the cart, but my back was to you—I was going to knock at the door to deliver a box—I truned round, on hearing the seat-board of the cart drop on the foot-board, and then saw you.
WILLIAM STOREY (City police-eotutabie, No. 572.) The prisoner was given into my custody in Rood-lane, by Mr. Creaton, who is not here—it was in Harvey's presence—I produce the parcel, which I found on the foot-board of the cart—it was opened in my presence at the station, and contained 2000 embossed paper cases for cigars, three snuff boxes, 1 cigar-case, and an invoice.
Prisoner's Defence. I was going down Rood-lane, and saw the parcel on
the foot-board; and in running down, the prosecutor hallooed out, "Stop thief;" a gentleman stopped me, and took me back.
GUILTY . Aged 27.— Confined One Year.
OLD COURT.—Tuesday, December 12th, 1843.
Second Jury, before Mr. Recorder.
WILLIAM PHILLPS . I am in the employ of William Skinner, tailor, St. Martin's-court, Leicester-square. On the 5th of Dec., about a quarter to five o'clock in the evening, I was outside the shop—a person came up, and pretended to be looking at something—the prisoner was behind him, and kept looking over his shoolder—he took up two pairs of trowsers, put them under the tail of hit cost, and went off—I went after him down Castle-street—the other man went another way—the prisoner saw me following him up Hunt's-buildings, and gate something dark to a woman who was standing there, then returned, crowed over, tad began to run—I saw him throw a pair of trowsers down an area—I called, "Stop thief," and followed him up a mews—he took off his coat there, and came out at the other end in bis waistcoat sleeves—I am quite sure he is the man—he was secured.
Cross-examined by MR. PRENDERGASH. Q. You had hardly seen his face, had you? A. Yes—I saw him for five or ten minutes at the shop—the end of the mews is opposite the end of Green-street—he said he had been in a public-house all the afternoon, and pair of trowsers to the woman that his wife was with him—he gave one pair of trowers to the woman about two minutes after—I said he was the person as he passed me.
THOMAS GOODWIN , servant to Mr. Etherby, butcher, Castle-street. On the 5th of Dec. I was standing at the shop-door, and saw a man run past the shop, and throw these trowsers over the area-railing next door—I went and toak them up—I saw Phillips running after him very close—I gave the trowsers to the policeman.
Cross-examined. Q. Was he running or walking when he threw them over? A. Running—he had a coat on then.
SAMUEL SKINNER . I am shopman to my father, William Skinner, Phillips gave am alarm—I followed towards Leicester-square, into Green-street—Phillips pointed the prisoner out—I followed him into Castle-street and Trafalgar-square, where I gave him in charge—he walked the whole distance, and was without a coat—I missed two pairs of trowsers—these are one pair.
Cross-examined. Q. You only saw him taken? A. He brought a witness before the Magistrate, who said he was in the afternoon, and had a coat on—I was about seven minutes following him—it was about a quartet of an hour from the alarm, till he was apprehended.
Cross-examined. Q. Did not he immediately say he was not the person; that he had not bad a coat on all the afternoon? A. Yes—Phillis heard that, but said nothing.
GUILTY . Aged 32.— Confined Six Months.
287. JOSEPH JEWELL and GEORGE PALMER were indicted for stealing 14 quires of paper, value 7s., and 56lbs. weight of paper, 8s.; the goods of Charles Morgan and others; and JOB PALMER for feloniously receiving the same, well-knowing them to have been stolen, &c
THOMAS HILLINGSWORTH (City police-constable, No. 348.) In consequence of information, on the 5th of Dec. I watched the premises of Messrs. Morgan, in Farringdon-street—about twenty minutes after seven in the morning, I saw George Palmer standing in a doorway, two doors from Messrs. Morgans'—he appeared to be waiting for somebody—I missed him suddenly, and in about three minutes saw him again with some paper on his shoulder, come out of the Messrs; Morgans' shop-door—Jewell let him out—I and another officer in plain clothe followed him to Cooper's-row, Crutched-friars—he pitched his load in the doorway of No. 4, then opened the door, and Job Palmer came and helped to drag the paper in by a cord—I immediately crossed and seized George by the collar—Job had only his shirt and trowsers on—I do not know whether he had shoes—there was no knocking or ringing at the door; it was opened so suddenly—I could not tell whether he opened it himself or set—it is a private house, and the door opens into a room—there it no passage—Wardle seized Job Palmer.
Cross-examined by MR. WILKINS. Q. By seizing, I suppose you placed your hand on him? A. I caught him by the collar—I belive they are both bookbinders.
GEORGE WARDLE (policeman) I was watching the procecutor's premises in plain clothes, and about a quarter past seven o'clock saw George Palmer standing in the doorway near the premises—he moved from there to another door near the end of the street—I walked round, and just as I came back he was gone—in a few minutes he came up Farringdon-street, from towards Morgans' pre-mises, with a large bundle of paper on his shoulder—we followed him to 4, Cooper's-row—he opened the door, and threw the bundle of paper off his shoulder inside the house—Hillingsworth went and caught hold of him by the collar—I got to the door at the same time, and Job Palmer was in the act of drawing the paper into the house—I asked George where he brought the paper from—he said he bought it of the porter at Mr. Morgan's, and gave 7s. for the plain, and 8s. for the outsides—we said we were officers, and the mother asked where our authority Was—we showed our staves, and took them—I do aot know whether Job Palmer had slippers on, but be put shoes on before he was brought away—I went to Morgan's and took Jewell—I found half-a-crown and some halfpence on him—I took him to the station, and George Palmer said, "That is the man I bought part of the paper of"—Jewell said he had sold him part of the paper for 7s.—I took another of the prosecutor's porters, named Fitch, but he was discharged.
Cross-examined by MR. WILKINS. Q. Did not Job Palmer say, "See what trouble you have got me into; if I had known it, I would not have got up? A. He said so to his mother—I tool Jewell to the station a little before nine o'clock—Fitch said he had sold George Palmer the other paper.
CHARLES MARTYR . I am in partnership with Charles Morgan and another, wholesale stationers, Farringdon-street—the paper produced is ours—the value of the whole is 15s. or 16s.—here are fourteen quires of outside post, and about half a hundred weight of wrappers used by book binders—we occasionally send out paper as early as half-past seven o'clock, but it is not a common practice—Jewell was not authorised to sell paper or receive money—he is the porter—Fitch was also a porter, and had no authority to sell—if anybody came for goods, he was to act nnder the clerk's direction, and if anybody bought paper, to give the name to the clerk, with R. M., if it was ready money, and haud the clerk the money—we usually open at seven o'clock—the
clerk ought to hare been at his desk, but might bate been at another part of the premises.
Cross-examined by MR. WILKINS. Q. I believe these men have dealt at your house some years? A. They state so, but I have no knowledge of them—I do not interfere much in the minor details—our receiving clerk is Peter Morgan.
Cross-examined by MR. HORRY. Q. You have not been long in the firm? A. About two yean and a-half—I generally come to the premises about a quarter to ten o'clock—a porter has no right to take money—if a customer came before tht clerk was there, he should wait till he came.
MR. WILKINS called
JOHN FITCH . I was porter to the prosecutors. On the 5th of Dec., between seven and eight o'clock in the morning, the prisoner George Palmer came to the warehouse, and bought these wrappers of me for 8s., which he paid—I sold them on the prosecutors' account—the receiving clerk generally comes about eight o'clock in the morning—if a customer comes before that, the porters serve them, and hand the money over to the clerk when be takes the books—on the 5th of Dec. the clerk came at rather better than half-past eight o'clock—Jewell was taken into custody as he entered the door, coming from breakfast, at half-past eight—the warehouse door is open alter seven o'clock—I sold George Palmer the paper just by the counting-house, about eight yards from the door—we do not give a bill unless the clerk is there—I put 4s. of the money on the desk, and had not enough to pay the clerk when he came—I generally put some into my pocket, and pay him when he comes, and sometimes put it on the desk—I accounted to the clerk for it next morning—I could not do it before, as I was in custody—I had come from breakfast about twenty-five minutes to nine o'clock, and was taken away directly—I had no opportunity to tell the clerk—I said, when I was taken, that I had put 4s. on the desk.
Q. Why put only half on the desk? A. Sometimes I have no change—I did not want change on this occasion—the policeman found 5s. on me—there were six or seven persons on the premises when I sold the paper—Tucker and Clark were present at the transaction, and Warman saw him go with the paper—I told Mr. Martyr they were on the premises—I am not now in their employ—I have left on account of this—1s. of the money found on me was my own.
Cross-examined by MR. HORRY. Q. What time did Jewell usually go to breakfast? A. About eight o'clock—I think he went at eight that morning—the clerk had not come before he went to breakfast—Jewell went to breakfast at the same time as I did.
GEORGE WARMAN . I am in the prosecutors' employ. I know the prisoners—Palmers were in the habit of purchasing paper at the warehouse—they used to come very frequently ten or twelve years ago, but for the last two years I have been in a different department, and have not seen them often—they purchased of me six or seven years ago—they have paid me money, which I delivered to the cashier to be entered in the book as ready money—I cannot call to mind whether I ever demit with them when the cashier was absent, or before he came in the morning—I was not present when this paper was sold—my nephew, Thomas Wurman is also in the employ—if a person comes for goods, and pays money, if the cashier is not present, it is paid to him directly he comes, which would be about eight or a quarter-past—such transactions have occurred—it has been done to the knowledge of the firm—the book would show the transaction, if duly entered—I cannot say whether this transaction was entered—the books are locked up, and cannot be got at till the key of the iron chest is brought—I have made sales myself and put the money into my pocket with a little note round it, and when the cashier
came, handed it to him, and told him what it was for; had the book been out, I should have entered it myself—I was then on the morning in question, but was not informed what was going on—that has been the mode of business since I have been there, nearly nineteen years—if they had waited till the cashier arrived, they would have ascertained whether the porters meant to deal honestly.
COURT. Q. Were you the chief person on the premises at the time? A. Yes—I have had no orders to prevent porters from selling without communi-cating with me—I sleep on the premises, and let the men in—I cannot say whether the firm know that the porters sell in the clerk's absence.
PETER MORGAN . I am receiving clerk to the prosecutors. The Palmers have dealt there since I have been there—the two porters hare sold paper before I came in the morning, handing the money to me when I came—Jewell has frequently done so, and I have found it right
COURT. Q. What time did you arrive on the morning in question? A. About half-past eight o'clock—Jewell and Fitch were both taken into custody before I arrived, and had no opportunity of telling me what they had done—I found 4s. on the desk.
NOT GUILTY .
JOSEPH TAUNTON . I keep the Royal Oak, Stepney-green; the prisoner was in my service between four and five months at a pot-man. On the 3rd of Dec. I went to the cupboard where be kept hit shoes and brushes, and found a half-pint pot three-parts full of gin—I took it from the cupboard—he was up stairs cleaning himself—when he came down be went to the cupboard and looked about—after that he went out with hit beer—he then came to me and said he was very sorry for what he had done, but he had been taking some gin—I went up stairs to his box, and, on moving it, heard some bottles rattle in it—I sent for a policeman, took the prisoner into the parlour, and asked if he had taken any more liquor besides what I had found—he said no, and that was the first he had taken—I had the box brought down—he then began crying, and said he was very sorry for what he had done—he handed the key to the policeman, and at he wat taking the bottles out, he said it was brandy—we found four bottles full of brandy, and one nearly full of gin—he said he had got them out of the cellar—it is just as it came from the docks.
GUILTY . Aged 17.— Confined Six Months.
THOMAS SKINNER . I am occasional shopman to Henry Faith of High-street, Shadwell. On the night of the 7th Dec., about half-past nine o'clock, I missed a leg of salt pork from a rail outside the shop window—I had hung it there myself tome hours before—I believe this produced to be it, by the out and its having rather a thick rind.
FRANCIS GOWRAN (police-constable K 258.) On the 7th of Dec., betwee nine and ten o'clock, I saw the prisoner in Shadwell-market, running towards New-street, between three and four hundred yards from the prosecutor's shop—I followed him to the water-side at the Dock-stairs—he was in the act of getting into a boat, when I came up to him—in his way, be threw something over some palings—I did not go to see what it was then, but ran after him—I asked
what he had thrown away? he made no reply at first, he was out of breath—I brought him back to the spot where I saw him throw something away—he said, he had thrown nothing away there, and denied having had any thing in his possession—Robert Spong produced this leg of pork, and said, in the prisoner's hearing, that he had got over the pales and got it there.
ROBERT SPONG . I saw the policeman running after a man in New-street—I ran also—there are some old ruins in the street—I saw him chuck something over the palings—it looked like a bundle—it hit against a privy in the yard, and bounced into the yard—I jumped over the palings and found this leg of pork two or three yards from where the prisoner was—I gave it to the constable.
GUILTY . Aged 27.— Confined Three Months.
ISRAEL BELASCO , fruiterer, Covent-garden-market. In March 1842, I employed Mr. Poole, a carman, to bring goods from the City to my stand—the prisoner was in bis service—on Friday morning, the 4th of March, he came about nine o'clock aod asked if I had any goods to be fetched from the City—I said, yes; if be would come between twelve and one o'clock, I should be prepared for him—he came, and I paid him two sovereign, eight half-crowns, ten shillings, 8 sixpences, and fourpence in copper—he was to put it into a little bag and put it into his pocket—he was to get me for it, six boxes of oranges, from Mr. Knill, of Botolph-lane, City—I never saw him again till he was at Bow-street—I have been repaid the money by Mr. Poole.
THOMAS SLAYMAKER , fruiterer, carman and saleaman, Covent-garden-market. I have been frequently employed by Mr. Belasco to draw goods in the City—it would be the prisoner's duty to take such goods and bring them to Mr. Belasco on ray account—I have paid the money the prisoner was charged with, to Mr. Belasco.
THOMAS SLAYMAKER , fruiterer, covent-garden-market. In March 1842, I was employed to superintend Mr. Poole's business—the prisoner was in his employ—I sent him round to take orders—he told me of his having an order from Mr. Belasco—he had other orders besides—he said he had got Belasco's money and order, and was going to the City to fetch a lot of goods—I told him to go directly—I saw no more of him—he never took the horse and cart out that day, and the hone was not cleaned or fed.
EDWIN ROBINS (police-constable P 66.) I apprehended the prisoner on Wednesday the 29th of Nov., took him to the station-house, and told him he was charged with stealing this money—he said, "Mr. Poole can do nothing;" or words to that effect.
Prisoner. I got drunk and lost the money.
NOT GUILTY .
JOHN PHILLIPS (police-constable T 23.) On the evening of the 7th of Dec. I met the prisoner in Harrow carrying some iron—I asked what he had there—he said some iron, it was his own, and he was going to sell it, and he had brought it from Greenhill—I took him into custody—he then said it was his brother's—it turned out to be 60lbs. of iron.
JAMES BUTLER . I am in the employ of Thomas Ship Grimwade. The prisoner was in his employ—I have seen these pieces of iron—(produced)—they are my master's—some belongs to an old plough—it is worth about 5s. altogether.
Prisoner. I picked up most of it in the road, and part of it I had. Witness. It was kept in a barn.
GUILTY . Aged 42.— Confined One Month.
SARAH VINNICOMB . I am the wife of Richard Vinnicomb, a tailor, of Howland-street, Fitzroy-square, St. Pancras. On the evening of the 6th of Dec., between six and seven o'clock, I came up stain from the kitchen with a pail of water—at that time the street door was fast, as I was putting the pail down in the passage I saw a man looking out of the front parlour door—I screamed out—he rushed out at the door, threw up his arms and hands as if he was going to knock me down, and got out by the street doot—I ran after him—he was brought book by a policeman and a soldier—the policeman showed me a handkerchief, which was my husband's—I had such an one in the parlour folded together—the prisoner was quite a stranger to me.
Cross-examined by MR. PRENDERGAST. Q. When had you been in the parlour before? A. Less than an hour before—we ✗ in the kitchen—I had been in the parlour to lay my cloak on the sofa—the cloak was worth more than the handkerchief—there wore other things in the parlour, but he had not time to take them away—I did not see a dog in the parlour—the street door wast always locked, but the key was in it—a lady and gentleman lived at the top of the house at the time—they came down at the alarm—the street door it always kept shut—I had seen it about an hour before—I had been down at tea nearly an hour—I cannot say to a few minutes—my husband took tea with me, and then went out—I did not go with him up stairs.
COURT. Q. Had the prisoner occasion to open the door to go out, or was it open when you saw him? A. It was put to, but was not fast—he had no trouble to open it—he just threw it back—it was not fast—the catch was not closed—he had no occasion to turn the handle.
Cross-examined. Q. You do not know any thing about the people up stairs? A. I know they are respectable people, and am sure they shut the door when they come in of an evening.
REES HOWELL . I am a private in the Horse Gaurds, Hyde-park barracks. On the evening of the Dec., between six and seven o'clock, I was passing along Howland-street, and heard an alarm from the passage of a house, and saw the prisoner come out and a female after him screaming "Murder" and "stop thief"—I went after him—he threw something away—I ran andcaught him—I did not stop to pick it up—it looked like a black silk handkerchiefs—it fell on an area railling in John-street—when I stopped the prisoner he said, "Do not collat me, I am no thief"—I said, "I do not care what you are, you must go back to the place you started from"—a policeman took him into custody—I afterwards went the policeman and pointed out what was hanging on the railing.
Cross-examined. Q. Did you see his dog? A. No, he said nothing about his dog to me—he said before the Magistrate that he had gone in to het his dog that had gone into the house, the door being open—the handkerchief was thrown away three doors from Howland-street.
DAVID QUACY (policeman.) I was on duty in Howland-street, heard a noise, went to the opposite side of the way, and while Mrs. Vinnicomb was telling me something, the soldier brought the prisoner back—Davis came
up—I told him to go with the soldier to find the handkerchief—I searched the prisoner, and found 1l. 6s. 6d. in money, and a ring.
SARAH VINNICOMB re-examined. This is my husband's handkerchief—he carried his work out in it—the other things in the room were disturbed—a handsome seven guinea coat was removed and folded together, and I suppose the handkerchief was ready to put it in.
Cross-examined. Q. Was it not intended to be carried home in this handkerchief? A. It is what my husband carries his things in.
GUILTY of stealing the handkerchief. Aged 28.— Confined One Year.
293. OLIVER MONGSTON was indicted for stealing 2 half-crowns and 1s.; also 3/4 of a yard of velvet, value 18s.; and 6 yards of ribbon, 3s.; the property of John Eveleigh, his master; to which he pleaded
GUILTY . Aged 28.— Confined Six Months.
GUILTY . Aged 35.
295. GEORGE MORLEY was again indicted for feloniously assaulting Edward Ball, being armed with a stick; putting him in fear, and taking from his person, and against his will, 1 cap, value 9d., his goods; and beating, striking, and using other personal violence to him.
EDWARD BALL . I live at Harmondsworth. On the 5th of Dec., about twenty minutes after eleven o'clock, I was at work on the turnpike road—my jacket hung on the hedge—I complained of the loss of a tobacco-box from my pocket, and told the prisoner he had taken it—he threw it at me—it hit me a hard blow on the head—I went after him, and asked him to come back to the policeman—he said he would not—I said he should, and went to collar him—he threw me down—he struck me on the head with a large hazel stick, took the cap from my head, went away with it, and left me hurt and insensible on the ground—if I had not tried to secure him, he was going away, and not going to take my cap—it was worth 4d.—he struck me before he took it—I do not recollect his striking me after—he hit me on the head, but I felt myself stiff and sore where he struck me—this is the cap and tobacco-box—(produced.)
WALTER ROBERT LEIGH (police-constable T 166.) I apprehended the prisoner at Colnbrook, in Buckinghamshire, about three miles from where this occurred—when I was within half a dozen yards of him, he turned round, saw me coming, and put this cap away somewhere in the front part of his person—after I took him, he said it was a good job for somebody that it had happened, for he intended to rob somebody that night, when it was dark; he would have knocked somebody down that night if he had not been taken—that he was very poor, and was driven to it; he would not be poor after that night—he said he had been a soldier, and was discharged three months ago, that he had been out of employ since, and that previously he was clerk to a barrister at Winchester.
WILLIAM WEST . I live at Langley-broom, Buckinghamshire. On the forenoon of the 5th of Dec., I was driving along the high road, and saw the prisoner and six others, and two, the prisoner and a boy, behind—the prisoner crossed over the way, took Ball's jacket off the hedge, did something with it, and put it down again, walked across the road, and went gently on as if nothing had occurred—I went along the road close to the jacket—I saw Ball
coming, pulled up my horse, and told him something—he ran after the prisoner, and stopped him—he was out of my hearing—a struggle ensued, and he knocked Hall down—he attempted to get up again—he hit him on the head and he went down partly again—a regular tustle ensued after that—he struck Ball several times on the head, then on the left side—Ball put his hand up, and broke the stick—the prisoner then took the cap off his head, and ran away—Ball stood there, and looked as if he was unable to resist—I was about forty yards off.
Prisoner's Defence. I was driven by poverty to commit the crime I did; I did not beat the man; he acknowledged that he took the stick away from me, so he could not be deprived of his senses through the blow I gave him.
GUILTY of an Assault. Aged 35.— Transported for Seven Years.
MARY TOZER . I am the wife of William Tozer. On Tuesday night, the 5th of December, I was in the parlour at the back of my shop, at Fulham—I noticed somebody leaving the shop—I called to my servant, who ran after him—the street was perfectly clear—I could not see any person—I missed 8 3/4 lb. weight of bacon, which the constable afterwards produced to me—I had seen it safe about a quarter of an hour before.
EMMA REDFORD . I am the prosecutrix's servant. I followed her into the street, and saw a man, who I believe to be the prisoner—he ran into King's, Arms-yard, and there I lost sight of him—it was near on nine o'clock.
----TURNER (policeman.) I heard of the lost of this bacon—at four o'clock next morning I went to the King's Arms-yard, and Fitzgerald, a constable, who was with me, took this piece, of bacon out of the window of a door of an omnibus, in my presence—I put it back, and kept watch, and about half-past six the prisoner came into the yard, removed the bacon, and placed it under this cape—I took him into custody with it on the steps of the omnibus—he was not concerned with that omnibus—it is a separate yard to where he is employed—he said he saw it put there the over night—he then heard of the robbery, and went to see if it was the bacon, and if it was, he said he was d—d if he should not have it.
Prisoner. I was going to get a chop for supper, and heard some one halloo out, "Some one has taken a piece of bacon out of Mr. Tozer's snop," and next morning some one said, "Did you look into the busses?"—I said no, I would look—I looked and saw it between the cushions, and said, "Here is the bit of bacon that was lost, I shall take it to Mr. Tozer's shop"—I always go through that yard to work. Witness. He said nothing of the sort—the yard he works in is some hundreds of yards off—the omnibus the bacon was found in belongs to a coach-builder—it is lent to different parties—I am not aware it was in his master's use—he is horse-keeper to Mr. Webb—I, was inside another omnibus in the yard, watching—I did not see him go to the omnibus, but I popped out, and found him on the steps concealing the bacon under this cape.
MARY TOZER re-examined. This is the bacon—the prisoner had been in the habit of coming to our shop for about a fortnight, and I believe him to be the person I saw, by his dress and height—he had on a cap and ostler's jacket.
Prisoner's Defence. One of our omnibuses stood in the yard; it was as
much my place to look in the omnibus as the policeman's, because we are paid double for finding things; I had it in my hand, not under the cape.
GUILTY . Aged 22.— Confined One Year.
JOSEPH MANNING . I am carpenter and builder, at Beaufort-place, North Fulham. I am finishing some new houses, and on the evening of the 27th of Nov. I left with my son, leaving some tools on a bench in the front room—the front doors were locked—we returned in about twenty minutes, and found the prisoner in the back-room—I asked how he came there—he intimated that he was tipsy—I went for a policeman, got a light, and found a smoothing-plane and stock in the parlour which had been on the bench in the other room—the prisoner had worked on the premises about three weeks before.
Cross-examined by MR. PAYNE. Q. How long had you known him? A. Some years—I had seen him in the building that day—he appeared sober—when I went for the policeman I locked the door, and left him there—I found him there still on my return, which was in about ten minutes—he was standing in the same position as I had left him—it was then I saw the plane and stock—the back doors and windows were open—he could have got out if he liked.
NOT GUILTY .
JOHN WHARTON . I am foreman to William Wynn, who is erecting some new buildings in Francis-terrace, Hampstead-road. On Saturday, the 25th of Nov., I placed some iron sash-pulleys in a nail box, in packets—I put the box against the middle wall, between two houses, with some pieces of wood—I locked up the houses—next Monday when I went to the houses the pulleys were gone—I have since seen six dozen in the policeman's hands—those I lost were wrapped in a paper, and labelled.
LUKE BUCK (policeman.) I apprehended the prisoner—he said he lived at No. 1, Drummond-crescent—I went there, and found his wife—I found these six dozen sash-pulleys under the children's bed in the kitchen.
Prisoner. He found nine dozen I think. Witness. Yes, but only six dozen were owned—the others were brass—these are all alike, and are labelled—I went to the buildings, and matched them with one there, and it corresponded exactly.
Cross-examined by MR. PAYNE. Q. The prisoner was not with you when you searched? A. No, he was in custody on the last charge—he did not tell me in what part of the house he lived—there were eight or nine rooms in the house—I went to the landlord—he is not here.
NOT GUILTY .
DANIEL BEDFORD , No. 5, Irongate-wharf Paddington. In Feb. last I was at work at some new buildings in Church-road, Ball's-pond—I left my basket, with a quantity of tools, on a bench—I missed it next morning.
NOT GUILTY .
OLD COURT.—Wednesday, December 13th, 1843.
Third Jury, before Edward Bullock, Esq.
300. GEORGE CLARKE was indicted for stealing, on the 29th of Nov., at St. Mary, Whitechapel, 1 jacket, value 10s.; 1 pair of trowsers, 16s.; 1 handkerchief, 1s.; 1 waistcoat, 4s.; the goods of Charles Drayson; 1 waistcoat, 3s.; and 1 pair of boots, 6s.; the goods of Martin M'Donald, in his dwelling-house: and afterwards, about one in the night, burglariously breaking out of the said dwelling-house; to which he pleaded
GUILTY . Aged 27.— Transported for Ten Years.
301. JOHN BUSHBY was indicted for burglariously breaking and entering the dwelling-house of William Aspull, about four in the night of the 9th of Dec., at St. Giles-in-the-Fields, with intent to steal, and stealing therein, 1 dish, value 1s.; and 1/4 lb. weight of sausages, 6d.; his goods; to which he pleaded
GUILTY . Aged 17.— Transported for Ten Years.
JANE WEEKS . I am kitchen-maid to Mr. John Henry Tatham, of Cornwall-terrace, Regent's-park. On Tuesday, the 28th of Nov., about twentyfive minutes to one o'clock, I was in the cellar in the area, and met Rolfe coming out of the passage door of the house leading from the pantry and kitchen—he had got something in a pocket-handkerchief—I could tell that it was something bright—I went and spoke to the housekeeper and butler, who went to the pantry—I followed him, and missed the coffee-pot, which I had seen there at half-past ten in the morning—I had been in the house all the morning—nobody could have come into the passage without my seeing them—I had seen nobody but Rolfe—I was about that part all that morning—when I left the kitchen I left the butler and housekeeper there—I was only absent about three minutes.
Rolfe. Q. When you came to the station what did you say? A. I said, "That is the man"—the policeman did not say it must be you—he said nothing to me, nor did he lake me outside and speak privately to me.
WILLIAM DAVIES GARROOD . I am butler to Mr. Tatham. I left the pantry about half-past twelve o'clock, and left the coffee-pot in the cupboard—I went to the cellar, then to the kitchen, and answered the drawing-room bell, and returned to the kitchen—I had been four or five minutes from the pantry—Weeks gave me information—I went into the pantry, and missed the coffeepot—I had seen the prisoner Reeves in front of the house two or three days before that, standing in front of the house, on the other side of the way.
EDMUND CALLACHAN (police-constable D 134.) On Wednesday, the 29th of Nov., I met both the prisoners in Lisson-grove together—I had Information about this, and, from the description, I knew Rolfe was the person—I told him he must go with me to the station—Reeves then ran away, saying, "I will go and let Carry know"—Rolfe said, "Tell her to send me some tea"—as I took him along, heaaked what I wanted him for—I said, "For a robbery in Regent's-park"—I fetched Weeks to the station—she immediately said that was the man—I went with Hawkins that night to Steven-street, and found Reeves in bed—he said, "Why did you not take me before?"
Rolfe. Q. Did not you call Weeks aside before she said it was me? A. No—she did not say at any time that she only thought it was you.
CHARLES HAWKER (policeman.) On the 29th Nov. I went with Callaghan to Steven-street, and took Reeves—I took a pocket-handkerchief off his neck at the station—he refused to give it me two or three times, and I took it by force—I have seen the prisoners several times in Regent's-park.
JOHN ROSS . I live in Great James-street, Lisson-grove. On Wednesday night, the first week in December, I was in the station-house, detained as a witness in a case—Rolfe was there—he told me the woman could swear to him for the coffee-pot, but could not swear to Reeves, because he was outside—he said he was sure to go this time, for there was a former conviction against him—I said, "They are looking after the coffee-pot"—he said, "Five minutes after we told it it was swimming"—I am not in prison now, nor charged with any offence—I was admitted a witness against others in a case in which I was concerned.
Rolfe. Q. Did not you rob your master? A. No—I should have robbed him if I took your advice—I did not tell you a policeman offered me a sovereign for everybody he could transport, nor that they urged me to come against Barrett and another.
Rolfe's Defence. I was at home with my father and mother on the night of the robbery; it is a made-up job by the policeman; he persuaded this girl to swear to me; she at first said she thought it was me.
Reeves's Defence. Every word said about me is false; Ross has been tried for stealing linen; that handkerchief was given to me.
ROLFE— GUILTY . Aged 18.— Transported for Ten Years.
REEVES— NOT GUILTY .
Before Mr. Baron Alderson.
303. WILLIAM BIGGS, FREDERICK BARRETT , and JOSEPH CORDWELL were indicted for burglariously breaking and entering the dwelling-house of George Veale, about one in the night of the 9th of Nov., at St. Marylebone, with intent to steal, and stealing therein, 1 pair of boots, value 3s.; 2 waistcoats, 14s.; 2 handkerchiefs, 4s.; 1 penknife, 6d.; the goods of William Hall:—1 umbrella, value 3s.; 1 table cloth, 2s.; 2 pair of boots, 2s.; and 1 comforter, 6d.; the goods of the said George Veale; and MARY VITTERIDGE for feloniously receiving the said property, and for harbouring, &c, the said prisoners, knowing them to have committed the said burglary, and that Biggs had been before convicted of felony.
MR. WILKINS conducted the Prosecution.
GEORGE VEALE . I keep the Montague Arms, Upper Montague-street, in the parish of St. Marybone. There is a back door to the house, leading into Montague-mews—on Friday morning, 10th Nov., between six and seven o'clock, in consequence of what my pot-boy told me, I got up and came down stairs—I found the skylight in the kitchen pulled down—it had been fastened the night before with a rope, and a large weight at the end of it, which kept it shut—it had not been opened for the last two months—the kitchen door was open—it had no fastening to it—both the doors leading into the mews were opened—that must have been done from the inside—a large bar goes across the back-door, fastened with a screw—they had unscrewed it, and taken it off—I missed from the kitchen two pairs of childrens' boots, an umbrella, a woollen comforter, and a table-cloth, belonging to me, and other things belonging to my servant—they had attempted to break open the bardoor, but did not succeed—they had driven in a piece of iron to try to wrench it open—I know the prisoner Biggs—he lived in the second stable in the
mews behind my house—I had occasionally employed him to clean knives and forks when I have had supper parties.
COURT. Q. The persons appeared to have got in at the skylight? A. They had got over the back wall, and in at the skylight; and then opened the two back doors to get out—I was the last person up the night before—I went to bed about a quarter before one—all was safe then—I fastened the doors and all the house myself—a square of glass had been cut out at the top of the skylight, with a knife or some instrument, large enough to admit a hand—they had then cut the rope off close to the opening, the weight would then drop, by which means they could force open the fanlight and get in—they would not have above two feet to drop, by hanging at the top of the skylight.
WILLIAM HALL . I am pot-boy to the prosecutor. On Thursday night, the 9th of Nov., I fastened the outside door that leads into the mews at eleven o'clock—I went to bed a few minutes after that—I got up about a quarter past six next morning—I was the first person up—I came down into the kitchen and missed two waistcoats, my trowsers, shoes, boots, and two silkhandkerchiefs—I saw them all safe when I took them off the night before, and laid them in the kitchen—I found the back door of the house put to—the outer door leading into the mews was half-way open—I saw the skylight open, and the rain had been in—I called my master—there was a small penknife in one of my waistcoat pockets, and 3s. 10d. in silver, and 8d. or 10d. in halfpence.
JOHN ROSS . I life at No. 10, Great James-st., Lisson-grove. On Thursday night, the 9th Nov., I was at the Perseverance public-house, in Great James-street, about twelve o'clock at night, and met Biggs there—he said he had a case on to-night, that he was going to get into a house, and would I go and do it—I said I did not mind—he said he had two more coming along with him, and he had to meet them at the Hope public-house in Steven-street at twelve o'clock—we went, and outside the Hope met Cordwell and Barrett, about twelve o'clock—Biggs asked them if they were going down there now to do this house—they said they did not mind, they would go—we all four went down, and looked in at the front of the prosecutor's house—there was a light there—we went away down Marylebone-lane, and talked to two or three girls down there—when we returned the light was out—Biggs, who lives in the, same mews, went in doors and got a screw-driver—Barrett and Cordwell then lifted Biggs on to the top of the back wall—I saw him walk a little distance, and then go out of sight—Barrett, Cordwell, and I remained outside in the mews—in about half an hour Biggs opened the back door, and came out into the mews from the back yard—Cordwell and Barrett went in with him—I remained outside to watch—I saw Biggs on the skylight breaking the glass, and then saw him drop down right out of my sight, and his hat came rolling down the skylight—in about half an hour they all three came out—Barrett had on a waistcoat and a comforter round his neck—Biggs had an umbrella and a silk handkerchief, with boots and other articles tied up in it—Cordwell had nothing—we then all went towards Oxford-street again—Barrett and Cordwell said to me and Biggs, "You two had better take these things and sell them, for we are too well known to the police, they will stop us," and we were to take and share the money up at the Hope—Barrett gave me a waistcoat, a comforter, and another small waistcoat inside that—Biggs and I went and took a walk down Oxford-street till about half-past four o'clock—we then went to a house in the New-road, kept by one Ferryman—we knocked at the shutters, and Ferryman came out—I saw Vitteridge there in bed—Biggs said to Ferryman, in her hearing, that he had stolen these clothes, and
told them where he had got them from, and he had come to him to know whether he would buy them—Ferryman looked at them, and gave them to Vitteridge to judge whether they were worth the money Biggs asked for them—she examined them—Biggs said he wanted 10s. for them—she said she would give him 8s. for them—they got on, and she gave him 8s. 6d.—Ferryman then got up, and went to work about six o'clock—we did not have the 8s. 6d. then—we had to wait until Ferryman came home to breakfast, because he wanted to draw the money of his master, but we did not get it then—he went out after he had his breakfast, and got it, and sent word for me and Biggs to go down to the Adam and Eve—we went down, and I saw him change a half-sovereign—Vitteridge was there—it is in the New-road, close by Tottenham-court-road—he gave Biggs the 8s. 6d.—I am quite sure Vitteridge was there then—she came with us from Ferryman's to the Adam and Eve—we had something to drink, which she shared—she lives with Ferryman—she is not his wife—Ferryman left us in the Adam and Eve—he had a pail and brush, and I supposed he was going to work—he left Vitteridge with us—she said she was going up towards Crawford-street to buy a bit of meat for dinner, and she went along with us as far as Crawford-street—we had several quarterns of gin—I cannot tell where we led her—the money we got was spent, at least mine was—Biggs had some left—Vitteridge was in our company all the time—at last Biggs and I got fighting, and were taken to the station—I there communicated to the constable what I have told to-day.
Cross-examined by MR. BALLANTIKE. Q. This is your second appearance in Court this morning, is it not? A. Yes—I was a witness to a conversation between two persons who were in the station where I was—since this occurrence I have been at the station under the care of the police—I worked for my living previously—I was a gardener—I did the last job of gardening I should say twelve months ago—my mother has kept me since—she goes out charing—I have been at work for Mr. Greygoose, an oilman—the last job I did for him was in May—I have done nothing since then—I enlisted about two months or nine weeks ago, but was persuaded away not to go, by the like of this company—I deserted—I gave myself up after this robbery—this is not the first matter of this kind in which I have been suspected—I have been committed once, but never convicted, and I was innocent then—it was for stealing some linen, two years since—I was in a place then—that was the only charge made against me—I was never charged with a burglary before—all these things were sold by me and Biggs—I did not see Barrett again till I was in custody—it was in consequence of my statement to the policeman that Barrett was taken, and Vitteridge also—I was taken between twelve and one o'clock the morning after the burglary—it was about five in the morning that I went to Ferryman's—it was not a house I was acquainted with—it was Biggs who took me there.
Vitteridge. Q. Did you not give me 2d. to bind you a pair of boots? A. Yes—Bigus asked you to lend him a knife to cut the tops of the boots off.
JOHN HALL (police-constable D 64.) On Friday, the 10th of Nov., I was at the station in Harcourt-street, and saw Ross there—he gave me information of a robbery at the Montague Arms—he gave me a full account of it—in consequence of what he told me I went with Ross and another constable to No. 23, Fitzroy-place, New-road, where Ferryman lived, about six o'clock in the afternoon, and found Vitteridge there in bed, and Ferryman near the bed—I told her I had come to search the place for some property from a burglary committed in Montague-street—when I said that, she jumped out of bed, struck Ross, and said, "You thief, you have brought us all into this"—I searched the room, and in a box over the cupboard found these two waistcoats,
two pairs of children's boots, this comforter, table-cloth, pair of boot legs, silk handkerchief, and umbrella—Vitteritlge said Ferryman knew nothing about it, (I took him into custody as well as Vitteridge) that she received them from Biggs—she said Biggs had brought a pair of boots there with the rest of the property, and she had bound them.
Vitteridge. There was no cover on the box—it is one I put dirty clothes in. Witness. It had no cover.
ROBERT HOARE (police-constable D 72.) I accompanied Hall to No. 23, Fitzroy-place, and assisted in searching Vitteridge's room—Ross was there—we took Vitteridge into custody—I locked the room door, and took the key with me—next morning I went to the room again with Hall, and made further search, and found this bad half-crown and this knife, wrapped up in the corner of the sheet on the bed on which I had seen Vitteridge lying.
HENRY THOMPSON (police-sergeant D 4.) On Friday morning, the 10th of Nov., about a quarter past ten o'clock, I met Biggs, Vitteridge, and Ross in company, coming out of the Bee Hive, in Crawford-street, drunk—Biggs asked me to have something to drink, and took hold of me round the waist—Vitteridge ran away from him, and ran down Spring-street—Biggs showed me some silver in his hands, and said, "You shall have something to drink"—I said, "I will drink another time with you"—he said, "Perhaps you will not have another chance, I have plenty of money, and it is all b—square money"—Vitteridge then came back, and they proceeded up Crawford-street till they came to Montague-mews, where Biggs's father resides, and there I left them.
JOHN MURRAY (police constable D 46.) On Saturday morning, the 11th of Nov., I apprehended Barrett, about seven o'clock, in Steven-street—I told him to come to the station along with me—he said he had been doing nothing since he came out of prison last, and said, "Is it for any thing done last night?"—I said no, it was for the night before, at the Montague Anns—he said that I knew as much about it as he did, for he had been in bed every night since he came out of prison, except one night, and then he went to the Marylebone theatre.
THOMAS HASELDINE (police-constable D 104.) On Saturday morning, the 11th of Nov., I apprehended Cordwell in Steven-street—I said, "Cordwell, you are the man I want on suspicion of a robbery at the Montague Arms, in Montague-street"—he said he knew nothing about it, but he heard he was wanted, so he had gone out of the way the night before.
THOMAS MANSELL , assistant to Mr. Wells, pawnbroker, Adams-row, Hampstead-road. I produce a silk handkerchief, pledged at our house—I do not know by whom—Vitteridge brought it in the morning of the 10th of Nov., between eight and nine o'clock, and offered it, but I would not advance as much as she wanted on it, and she took it away—I have known her for some years—I know this to be the same handkerchief by the initials "W. C." in the middle, which I noticed at the time—I wrote the ticket for the person who afterwards pawned it, but whether I took it in or not I do not know—the ticket it dated the 10th of Nov., and is in the name of William Cooper.
Vitteridge. It was not a handkerchief I came with on the 10th of Nov., I came for a whitewash-brush; I gave 1s. 0 1/2 d., and said, "Let me have that brush as quick as you can;" you said, "Take the ticket, and get the brush for Ferryman." Witness. It is not so.
I missed, and this pen-knife—this silk handkerchief produced by Mansell is mine—I know it by the letters "W. C." on it.
Vitteridge's Defence. I get my living by washing and charing. About half-past six o'clock, on the morning of the 10th of Nov., Biggs and Ross came to my place; at least they came into the passage, and knocked at the next room door; the person living in the back parlour was out, and I opened the door to say so; they said, "We want a little washing done, can you do it for us?" I said, "Not before the afternoon;" they said that would do; they came in, and laid on the table a bundle, wrapped in this handkerchief. Ross took out a pair of boots, took a little pen-knife out of his pocket, and tried to cut the tops off; it did not cut well, and he said, "Will you lend me a stronger knife?" which I did, and he cut the tops off; they said, "We will make you a present of these; and as it is unlucky to keep a knife, you may have it." I threw it on the bed; they opened the bundle, and looked at the table-cloth. Ross said, "Biggs, I will lay you a shilling, that when this is washed it will pawn for half-a-crown." Biggs replied, "I will lay you what you like, that it won't pawn for more than 18d.; but will you have it cleaned." I said, "I will this afternoon;" they took the boots, and said, "Will you bind them?" I said I had no tape; Ross gave me a 1d. I went out, and bought some; and if you examine the boots, you will find that one is not finished now; the young man I was living with came in; I thought he looked angry at them, and said, "I cannot finish them now, I will this afternoon." Ross gave me 2d. for binding them, and they went out; after breakfast, my young man said, "Mary, you must go for my brush." I went out, and met Biggs and Ross again. I went and got the brush, and met Ferryman at the door of the Adam and Eve, with a whitewash pail in his hand. I gave him the brush, and he went away. Biggs and Ross were there, and treated me to some gin; we went towards Crawford-street, and they treated me again: they went to another public-house, and got quarrelling, and I went away; when I got home I felt very ill, from the effects of the liquor, and laid down and fell asleep. Ferryman came home at twelve o'clock, and found me in bed, where I remained till the policeman came and said stolen property was there. I told them to go to the box, and said, "If it is stolen, I know nothing of it." I struck Ross, and said, "You thief, if it is stolen, you have brought us into it." It is the first thing I was ever charged with.
Cordwell's Defence. What Ross states against me is quite false; I had not seen him for nearly three weeks before. I was at home at my mother's at half-past eleven o'clock, and slept in the same room with my father and mother the whole evening, from half-past eleven till seven in the morning.
Biggs's Defence. On the night the robbery was committed I met Ross; he asked me to go with him; I said I should not, I was going home; he went over the wall, and brought the things out; I saw him come out with the things on his back; these two young men were nowhere near; there was no one but him and me down the mews.
BIGGS— GUILTY . Aged 27.— Transported for Life.
VITTERIDGE— GUILTY . Aged 22.— Transported for Seven Years.
BARRETT and CORDWELL— NOT GUILTY .
GUILTY . Aged 19.— Transported for Life.
305. GEORGE JONES was indicted for burglariously breaking and entering the dwelling-house of Charles George Price Windsor, about ten in the night of the 11th of Nov., at St. Mary Abbotts, Kensington, intent to steal, and stealing therein 3 coats, value 1l.; 2 pairs of trowsers, 15s.; 1 waistcoat, 1l.; 1 wrapper, 8s.; 4 cravats, 1l.; 1 shirt, 5s.; 2 brooches, 8l.; 2 breast pins, 10s.; 6 earrings, 1l. 12s.; 3 necklaces, 3l. 3s.; 3 rings, 9s.; 1 watch, 5l.; 1 locket, 5l.; 1 jacket, 5s.; 13 spoons, 3l. 17s.; 1 pair of sugar-tongs, 4s.; 6 forks, 2s.; and 1 ladle, 2s.; his goods: and DELPHI BLACKMAN for feloniously inciting the said George Jones to commit the said burglary.
MR. CLARKSON condutcted the Prosecution.
ELIZABETH MOORE . I am in the service of Mr. Charles George Price Windsor, of Victoria-road, Kensington. On the 2nd of Nov., the family was out of town—I do not know when they left home—it was on a Thursday—I was left alone in the house—I was at that time acquainted with the prisoner Blackman—the night my master left, a nurse was left in the house in charge of a little boy—I slept alone in the house on Friday night—Blackman lodged in High-street, Kensington, at Mr. Braid's sweetmeat shop—I went there on the Saturday, saw Blackman, and asked her to come and sleep with me that night—she did so—I slept alone on Sunday night—I saw her again on Monday, and went out with her from about eight o'clock till half-past, to see my brother—she slept with me on Monday night and Tuesday night—I went with her on Tuesday nignt to her mother's, to tell her that she was going to sleep with me—she also slept with me on Wednesday and Thursday nights—in the coarse of that time I had some conversation with her about a young man who I knew at Lambeth, and on the Thursday she wanted me to go there to see if he was single—it was first spoken of in the day time, and again in the evening—I declined to go, both times—on the Friday night she slept with me—she asked me several times that evening to go to Lambeth to see this young man, and she went with me to her mother's to say she was going to sleep with me, and after she had been there the repeated it ever so many times before her brother, asking me to go—she wished me to go at past ten o'clock, before her brother—she repeatedly expressed a wish that I should go—she did not state any object she had in wishing me to go—on my refusing to go at ten o'clock, she went up and whispered to her brother—I have a slight recollection of seeing Jones at her mother's that night—nothing was said in her brother's presence about plate—when we were at home, at Mr. Windsor's, in the course of the week before the Friday, she asked me whether they had taken the plate with them—I told her I did not know—she said what a lot of plate I had in my charge—I said I should not wish any thing to be missed, for I was very careful of it while they were away, and said that I had hid it—I did not say where—she knew it was down stairs, because she has seen, me go down stairs to hide it—she slept with me on the Friday night, and left between eleven and twelve on the Saturday—she had a dress to make for me, and she went to fetch it—she returned between one and two—she did not bring the dress—she said she had been in the town to her brothers—she stopped till about three o'clock—there was no occasion for her to have returned that I know of—she again left at three to fetch my dress—she returned at six without it, and said she had forgotten it—she asked me a great many times that day to go to Lambeth—I said I could not say, I did not know whether the family would be home—she pressed me several times, and at length I agreed to go—we started about half-past nine—I am sure it was post nine—before we started I secured the house—I
give her tbc keys to mind, because my pocket was very shallow and torn—I locked the kitchen door, the garden gate, and made all secure—we came out at the front gate, and up Victoria-road—when we got pretty near to the top of Victoria-rood, leading to the Kensington-road, she said she must go home for a handkerchief for her neck—I offered several times to lend her mine off my own neck—she said no, she must go home, and she ran away from me, and went home—she said she would not be many minutes before she was back—I followed her to where she lodged in High-street, Kensington, and I saw the prisoner Jones standing at the door of the house—she was in the passage—I saw her brother come along the passage, and Jones said to him that he could fetch the dog—Jones and Blackman's brother then went off together towards the Victoria-road—the female prisoner brought the keys to me, and told me to take them for fear she should lose them; and she went after them, in the same direction—she was not many minutes gone—she then came back, and begged of me again to go to Lambeth—I did not notice that she had any handkerchief on her neck then—she did not go up stairs to any apartment to get one while I was there—her brother and her returned nearly together—I do not know which returned first—I saw nothing more of Jones then—the female prisoner and I then went on to the Victoria-road together, and when I said I would go home, she said what was the use of going home, why not go on to Lambeth?—I said no, I would return home, for I did not like leaving the house—she several times wished me to go on to Lambeth—we then went down the Victoria-road together—when we got to my master's house I saw a man walking about there—I said to her that I did not like the appearance of it—we walked past the house, because I wanted to look at him—she then wished me to go with her and buy some paper in the new town, which is just beyond the back of our house, in the direction we were going—I said no, I would go home—she then wished me to go round the back of the house, not to go in—I said no, I would go in—I then gave her the key, to open the front garden gate—she made a great noise with the keys in opening it—when she had opened it I went in, and went round to the back kitchen door—she followed me—I had the key of the door, and tried to open it with it, but did not succeed—I tried to open it, and then the front bell rang—I gave Black man the key, and told her to try to open the door while I went to see who was at the gate—when I got to the gate there was nobody there—I did not see the person that I had formerly seen walking before the house—I then saw a light up in my master's dressing-room window—I was frightened, and began screaming "Thieves" and "Murder"—Blackman came to me, told me not to make that noise, and asked me what I was screaming about—Mr. Gee, my master's next door neighbour, and a gentleman named Surplim, who lives there, came to my assistance—I went to the back kitchen door; it was then open, and I saw Jones and another man rush out, and go towards the back gate, which was locked—they tried to open it—Jones then came up towards me, and the other one rushed towards the trees, and got out of sight—I told Jones he was the man that came out of the kitchen—he said he had only come to hear the screaming—I pointed him out to Mr. Gee, who took him—I then went for a policeman, and found Dunbar—before I came back Jones had been taken away—I went into the kitchen and found every drawer open—the plate-basket, and every thing on the table, and nurse's boxes, had been broken open, and a desk, (the plate was found up stairs in a bag)—all the things were still in the boxes and drawers, but were all turned over—the cupboard had been opened—in Mr. Windsor's dressing-room one drawer was tried to be broken open—the other drawers were not locked, and the things in them had been disturbed—most of them were found in a strange
carpet-bag with the plate—after the house was cleared of all the people Blackman remained with me, and I told her that Jones was the man that I had seen with her brother at their house that evening—she said I was to be careful of what I said—I said I could be on my oath that that was the man—she begged of me not to say a word, as her brother had always been a curse on the family—she begged of me a great many limes not to say any thing—I told her I should lose my place and my character also—she said if I would not name it she would work for me and keep me—after a great while, and after she begged and prayed of me a great many times, I told her I would not name it—she said she had always worked and tried to got her living, and her brother had always been a curse on her—she said she would go and drown herself—I said she had no occasion to go and drown herself—she then begged of me not to say a word—I said I would not—she asked if I had named it to Miss Braid—I said I thought I had—she said if I had, might she contradict it—I said yes, for the sake of her mother she might.
Cross-examined by MR. BALLANTINE. Q. How often have you been examined on this charge before the Magistrate? A. I think four times—I have been in Mr. Windsor's employment six months on Saturday—he did not order me, before he left town, not to have anybody in the house—I had never seen Jones before the Friday night—there is a wall at the back of my mister's house—it was going towards that wall that I saw Jones and the other man—it was about ten o'clock, or from that to half-past—I was just by the back door when they came out of it—I was walking round to the back door, and was not many steps from it—that was after I had been screaming, "Thieves" and "Murder"—I was very much alarmed—I did not know the other man—I did not see his face when he came out—they both rushed out together—I saw Jones's face by his coming up to me—he was walking then—the other man rushed among the trees, and got over the back wall.
Cross-examined by MR. WILKINS. Q. Had any other person slept with you? A. Miss Braid did one night, I think on the Tuesday, but I cannot say for certain—the prisoner made dresses for Miss Braid, who was a friend of mine—Miss Braid is not a dress-maker—she attends in Mr. Braid's shop—I went to Miss Braid's shop to ask the prisoner to sleep with me—she had made dresses for me—she had never worked in the house for me, but the had been there a great many times—she never took tea or any meal with me—when she slept in the house she had supper with me, and tea sometimes—it was during supper or tea that she made the observations about the plate, at different times—when I told her that Jones was the man I had teen with her brother, she said, "If it is, my heavy curse fall upon him," and, if it should prove to be so, it would break her mother's heart—I told Mr. Gee and Mr. Sarplim at first that I had been sleeping by the fire that evening, and had not been out—I had been sleeping before I went out—I pointed to a pillow in the kitchen, and said that I had laid my head upon that, and that I was quite alone—I did not hear the female prisoner contradict me, and tell Mr. Surplim that I had been out—I was not there to hear, because I was gone for the policeman—she did not contradict me while I was there—that I swear—I did not tell the policeman, in the presence of Mr. Gee and Mr. Surplim—that I had gone out for some butter—I said I had gone out for some coffee—that was not true—I have known the young man at Lambeth a great while, but have not spoken to him for a year and a half or two years—I told Blackman that I was acquainted with him—I had not expressed any suspicion that he was married—it was she first proposed going—she said she wondered whether he was married or single, and we would go and see—he had courted me about two years ago—his name is Whitakcr—I had gone out on several evenings with the
prisoner—I went with her to her mother's, and sometimes I left her there while I went up to Mr. Braid's shop, in Church-street—she went with me to my brother's, in Sloane-street, on Monday night—I left home at eight o'clock, or hair-past eight, and returned about ten—I will swear I was at home before eleven—it was not much after ten—I cannot swear it was not half-past—I did not on one occasion put on my mistress's black cloak to go out in, that I might not be recognised—Blackman wished me to put it on a great many times, but I never did—I know a young man named Jobling—I have never gone out with him—I have met him at Miss Braid's shop, and hare spoken to him there, but nothing more—I believe he is a coachman, or something—I never walked with him—on the Saturday before the robbery I was at Miss Braid's till twelve o'clock at night, with Miss Braid and the female prisoner—I know Henry Morrison—I have spoken to him—I never proposed to him to go to the theatre with me, nor to any place of amusement—I never asked him to go to Madame Tussaud's—I have asked Miss Braid—I am still in Mr. Windsor's service—he has not told me that, if I did not come well out of this, I should be discharged—I have never seen him since—Mrs. Windsor has not told me so, nor the police, or any one—I once dressed myself up in my master's clothes—I did not go out in them—Miss Braid was in the house at the time.
MR. CLARKSON. Q. How came you to tell Mr. Gee and Mr. Surplim, that you had been sleeping by the fire, and had not been out? A. Because I thought my master would be angry with me for having left the house, and that was the reason I told the policemen I had gone out for coffee.
COURT. Q. Did you lose sight of Jones till he was taken by Mr. Gee? A. No.
CHARLES GEOROE PRICE WINDSOR . I reside at No. 4, Victoria-road, in the parish of St. Mary Abbott's, Kensington. On Thursday, the 2nd of Nov., I left home to go into the country—I returned on Sunday the 12th in consequence of information I received through my neighbours—I went up into the bedrooms, and several of the drawers had been forced, some were open, and some attempts had been made to force the locks of others by a blunt instrument—a carpet bag was afterwards shown to me at the police-office—it did not belong to me—I never saw it before to my knowledge—I missed an emerald brooch, a cornelian brooch, two pins, a pair of jet ear-rings, and a pair of coral necklaces.
JOHN GEE , 5, Victoria-cottages. On Saturday night, the 11th of Nov., about half-past ten o'clock, I was sitting at home and heard a screaming—I opened my front door, went out, and found it preceded from Mr. Windsor's garden—Mr. Surplim, who was staying with me, went with me—I got into the garden, went to the back part of the garden, and there saw the prisoner Jones in the presence of Moore—I also saw the female prisoner in the garden—I took hold of Jones as Moore said that he had been robbing her matter's house, and she had seen him come out at the back-door—he asked why I laid hold of him, that he had come into the garden in consequence of hearing the screams—Moore repeatedly said, "I will swear to him; that is the man that came out at the back-door; I will swear to him, and there was another man came out with him"—at that very moment I heard a rustling among the trees—I rushed to try and catch the man, and attempted to lay hold of his leg; but was not in time—I saw him make his escape—I had left Jones in charge of Mr. Surplim, and he called out to me to return, as Jones was trying to escape—I came back and saw that Jones was very anxious to get his hand into his pocket to get something from it—I held him very tight by the arm, and accused him of having got some of Mr. Windsor's property about him—I did not see him take any thing from his pocket.
Cross-examined by MR. BALLANTINE. Q. How did you get into the back garden? A. From the front gate which leads into the back garden—the wall over which the man escaped is the back boundary of the garden—I saw no one but Jones, the female prisoner, and Moore in the garden at that time—I think I can swear positively there were no other persons there; two or three females ran in with us, but no person was there to my knowledge at the time Mr. Surplim and I went in—there were no other persons standing about there—if there was any one on the premises I did not see them—I did not see any other persons in the back garden—persons came up immediately after—no persons had gone in before I seised Jones—I saw none when I went in—Jones appeared to me to be coming from the back garden-gate—he was walking quietly—Mr. Surplim was perhaps a few feet in advance of me, and Jones came right before us—we were making our way to the back part and met him.
COURT. Q. Did you afterwards see any place that was pointed oat to you by any one of the policemen in the garden? A. I did, where he said he had found something—I think it was Danbar—it was the place where Jones had appeared so fidgety.
GEORGE DUNBAR (police-constable T 91.) On this Saturday evening I was fetched by Moore to the prosecutor's house, and found Jones in Mr. Gee's custody—I took him to the station, searched him, and found this skeleton key in his waistcoat pocket—I have tried it to the back kitchen door of Mr. Windsor's house, and it will open it—on our way to the station he dropped these three skeleton keys—I called to a man named Price to pick them up, which he did, and gave them to me in his tight, while I had hold of him.
Cross-examined by MR. BALLANTINE. Q. Did you see them picked up? A. Yes—Price is not here—he is a private watchman on a gentleman's premises opposite the prosecutor's—I saw them dropped, but did not see what they were till Price picked them up and handed them to me.
JAMES THOMAS COOPER (police-constable T 125.) At a quarter to eleven o'clock on this night, in consequence of some cries, I went to Mr. Windsor's—I found a rosewood desk broken open, on the bed, in the bed-room, and a drawer broken open—the drawers in the kitchen were all open, the things all tumbled about, and a box open—among other things, I found a carpet-bag in the bed-room on the second floor, where the box was—it contained this plate, which I produce, some coats, trowsers, and other property—this rosewood box appeared to have had an instrument put in it to force it open, but it has not been opened, only attempted.
MR. WINDSOR re-examined. This plate, clothes, and other property, is All mine.
SAMUEL PUMMELL , carrier, Palace-place, Kensington. On the nlight of the 13th of Nov. I was in my cart, taking the two prisoners from the Police-court, Hammersmith, to the new prison, Clerkenwell—I heard Jones say to Blackmail, "Did you see the rosewood case that I tried to open?"—she made some reply, but I cannot say what, for she was at the back of the cart, and I was in front, driving.
Cross-examined by MR. WILKINS. Q. Were you before the Magistrate on the first examination? A. I was on two examinations—I cannot say whether it was the first or second—Mr. Smith, the inspector, took me there—my lather is employed to convey prisoners backwards and forwards, and, on account of there being more prisoners than one cart would take, I was employed—I am a van proprietor and carrier—a man named Elderkin, who keeps a beer-shop adjoining the police-court, was in the cart at the time, also a lad going to the New Prison, and Blackman's brother—there was no policeman—the gaoler was in the cart with the other prisoners, behind me—Elderkin had not
assisted in examining the prosecutor's house—he had nothing to do with it—he only went up for a ride—it was when we were taking them to Clerkenwell, when they were remanded.
Cross-examined by MR. BALLANTINE. Q. Which was the first day you were examined? A. On the Monday I was there first—I recollected this expression the same week—I was examined twice—I told this to Mr. Puddiford, a policeman, the same week, before my first examination—he was the first person I told—it was two days after it occurred—I cannot exactly say how I came to be in his company—I am very frequently with the police backwards and forwards—I met him nccidentally—he asked me to take a walk with him to Chelsea, which I did, and then we talked over this matter—I merely went for a walk—he went on business.
JONES— GUILTY . Aged 30.— Transported for Fifteen Years.
BLACKMAN— NOT GUILTY .
Fourth Jury, before Mr. Recorder.
MR. HORRY conducted the Prosecution.
ROBERT SEWARD . I am a native of Cork. On the 25th of Sept., about five o'clock, I was at the Ram-yard, Smithfield, and left to go to my lodging, in White Horse-alley—I there saw the prisoner standing at Pemberton's door—I had a row with Edward Pemberton, who called me to account for striking his brother—I told him I would serve him the same if he deserved it—Thomas Pemberton struck me with a stick—I pulled it from him, and struck at him with force—I missed him, and, I think, just touched the prisoner, who said, "I will cut your belly out, you b—, with a knife, if you hit me any more"—I did not bit him again, nor have any words with him, but he struck me with a knife—I felt myself wounded, went into my lodging, sat down, and sent for a doctor—I saw nothing of the knife till he struck me.
Cross-examined by MR. PAYNE. Q. What sort of a stick was it you hit the prisoner with? A. A drover's stick—I do not know whether it had a nail in the end—this occurred nearly two months ago—I have been to Cork since—I had had a fight with Thomas Pemberton in the Ram-yard—I am pretty strong, and can hit a good hard blow—two of them were beating me—I did my best to choak one, named Allen—Bousfield, my friend, was there—I did not see him with a poker—there were a good many people round when I was struck.
MR. HORRY. Q. When was the fight with Thomas Pemberton? A. About five o'clock, and this happened about half-past seven—some persons were attacking me, and I defended myself.
ELIZABETH COLLARD . I am the wife of Peter Collard, White Horse-alky. On the evening of the 25th of Sept. I was out in the alley, and saw the prisoner take a knife out of his pocket and immediately run at the prosecutor, stooping down, and attempting to stab him—I did not see him stab him—he said he would rip his guts out.
JOHN IRETON , surgeon, Cow Cross-street. I was called to attend the prosecutor—I found a considerable wound in the upper part of the left thigh, running downwards and inwards, about half an inch long and an inch and a half deep—it was in a dangerous part—I attended him nearly three weeks—he was confined about eight days.
Cross-examined. Q. Could it have happened by a person rushing forward to strike another, and running against a knife which he hud in his hand?
A. I think it very improbable; it might be so, but I think it not likely in that part.
(The prisoner received a good character.)
GUILTY of an assault. Aged 25.— Confined Three Months.
JAMES STEEL , lighterman, Trinity-street, Rotherithe. The barge Thomas belogs to me—I had a quantity of wooden paving blocks on board, to carry from Paynes' wharf, Westminster, to Steeds' patent wood wharf, at Redriff—on Wednesday, the 22nd of Nov., when I had to deliver them, I was informed there was a deficiency—in consequence of something I was told, I went on board the Diver ballast engine, lying off Hungerford-market, on Saturday, the 2nd of Dec., and saw twenty wooden blocks, found by the policeman—some were entire and some cut up.
Cross-examined by MR. WILKINS. Q. Were the blocks piled up in your barge? A. Yes—we frequently moor alongside larger flats—a collision sometimes takes place, and the cargo will, in many instances, go over into the larger flat—the prisoners characters are uudeniable.
WILLIAM BRIDGES (Thames police-constable, 27.) I went with Mr. Steel on board the Diver, and in the engine-room, under a tank, found a basket containing nine blocks—outside the engine-room, under some shavings where the men lie down I found eleven blocks—all the prisoners were on board—Jacob Allgood is the master, and resides on board—Matthews is an engineer, and the other two are labourers on board—I asked them to account for this wood being on board—Jacob Allgood said he had been at work night and day, he had not had time to look round the vessel, and he was not aware they were on board—Matthews and Jordan said they knew nothing of them—Joseph Allgood said he had picked up two adrift that day, but he knew nothing of the twenty pieces I found—Jordan said he occasionally slept on the shavings.
Cross-examined. Q. Did not Joseph say they often picked up wood afloat? A. Yes, but he denied all knowledge of all except the two pieces—I have known the prisoners for years as highly respectable men.
RICHARD WESTON , lighterman, Queen's Arms-court, Upper Ground-street, Blackfriars. I was employed to take the Thomas from Paynes' wharf with the paving blocks—I put her alongside the Diver engine on Wednesday afternoon, about three o'clock—the prisoners were on board—I left her alongside all night—she was loaded with ballast by the prisoners about seven o'clock next morning, and about half an hour after I took her to the Commercial Docks—I did not miss anything.
Cross-examined. Q. I believe you have known the prisoners some time? A. Twenty years, and never knew anything against them.
PATRICK MANNING . I was employed by Mr. Steed to superintend the delivery of the blocks on board the Thomas from Payne's wharf, which is about a quarter of a mile from Hungerford-market—I counted the blocks, and there were 2, 200 loaded on board.
Cross-examined. Q. At what time did you count them? A. About two o'clock—I was on the wharf, and two or three men were in the barge throwing them out to me—they were all taken out in my presence—I do not know the men's names—they have since been discharged because there
was no work for them—I did not go on board the Thomas to see whether any were left—what they threw out I counted and put away—whether any remained on board I cannot say.
WILLIAM BRIDGES re-examined. I went a second time on board the Diver, and found two blocks under the cistern, where I had found the others—I then went to Jordan's house—I saw his wife there—I was told he lived there—I had no conversation with him on the subject—I found thirty-three pieces of split wood—I went to Allgood's house, in Boddy's-bridge, Princes-place, and found two pieces of wood—I saw his wife, and she said he lived there.
THOMAS TAYLOR . I am in the employ of Messrs. Steed and Blackey—here are four blocks produced, which I believe to be my employers' property, by the diamond groove on the top—I did not see the mark made—the man that did it makes many thousands—these bear the same mark as my masters'—I saw the blocks put on board the Thomas—they were all marked in this way, and I believe these to be four of that cargo—there are no others in this country, except at Manchester—I know them by this groove which is cut on the top, to prevent the horses slipping.
Cross-examined. Q. You do not mean that all the diamond-grooved blocks your masters ever made were put on board the Thomas? A. No—they have made hundreds of thousands—these are part of a lot that came without the groove, and were grooved at Rotherhithe about twelve months ago—there were more than 10,000 of them.
NOT GUILTY .
NEW COURT.—Monday, December 11th, 1843.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 24.— Confined Three Months.
EDWARD MULACAHAY (policeman.) I saw the prisoner—a boy who was with him said, "What a pretty trouble you have got me in"—the boy said he met the prisoner and his brother, that he asked them to have something to drink; the prisoner and his brother went in, and he staid outside; that the prisoner was coming out, and said he had something; he said, "What is it?" that the prosecutor was coming in, and the prisoner took the candlestick and threw it over the wall.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Two Months
ESTHER HEATH . I am the wife of Olive Heath. On the 14th of Oct. the prisoner came to lodge with me—after she went away I missed three sheets, a handkerchief, and other things—this handkerchief is mine—the other things have not been found.
Prisoner. It is my own handkerchief.
GUILTY . Aged 19.— Confined Six Months.
(There was another indictment against the prisoner.)
JAMES HALLIDAY , tailor, Worship-street. On the 5th of Dec. as I was coming home, I met the prisoner coming out of my shop-door—he was stopped by my friend, who said, "What have you got in this bag in your hand?"—the prisoner said, "A man outside sent me in for it"—we took him into the shop, and found the coat—it was mine—he afterwards said that he was very sorry that he took it; it was distress that drove him to it.
Prisoner. A man in a fustian coat said, "Do you want to earn 3d." I said, "Yes;" he said, "Go and get that coat, I have paid for it." I wanted to show them the man, and they shoved me back. Witness. He said there was a man—we came out, and looked round, but saw no one of the description he gave.
GUILTY . Aged 19.— Confined Three Months.
RICHARD FRANCIS . I am in the service of Elizabeth Parmenter, a widow. On the 1st of Dec. we had 134lbs. of bones safe at her place—I missed them—to the best of my knowledge these now produced are them—they are worth 3s. 6d.
JAMES PERCY (police-sergeant S 144.) I saw the prisoners come from the prosecutor's premises with two bags of bones—I stopped them in Maiden-lane—they said they bought them at Highgate—they dropped them, and Carrington made his escape—I took him on the following Monday—he said at first that he picked them up, then that he bought them, and then that they came from the Veterinary College.
Powell's Defence. We bought them of two countrymen, at Highgate, for 1s.
POWELL— GUILTY . Aged 18.— Confined Three Months.
CARRINGTON— GUILTY . Aged 21.— Transported for Seven Years.
MARTHA VARLEY . I live in Edward-square, Kensington. On the 2nd of Dec. I was in an omnibus—when I got in I had a purse containing three foreign Danish gold coins, which I have had forty years, and six shillings—I received information from Clark—I found my purse, silver, and gold coins gone, my right pocket cut in two places, and part of my dress—this is my purse, and these are my coins.
the Black wall Railway. I was acting as conductor to an omnibus on the 2nd of Dec.—the prosecutrix sat on the off side, next the door—the prisoner clare and a lady were opposite—Clare was nearest the door—Moore was next to the prosecutrix—as Moore had got in at Regent-circus he walked up the side of the buss to see who was in it—he got in—we proceeded a little further, and Clare hailed me, and he said I did not look out—I put him in, and made a remark that I thought they were bad characters, as I had had a lady robbed in my buss a fortnight before—another lady got in, who got out again at Windmill-street, and I observed her dress was disordered—she had sat near Moore—the prosecutrix then got in, and during that time Moore shifted up to the end of the omnibus, but afterwards found his way down to her—we proceeded along—I picked up one or two more persons—we went to Temple-bar, and the prosecutrix desired me to put her down in Fleet-street—before we got to Chancery-lane Clare said he would alight—I said, "Very well"—Moore said he would get out, he had but little further to go, and would not trouble me to stop again—the prisoners did not appear to know each other—directly they got out I collared one with my right hand, and the other with my left, and Moore said to Clare, "Take it, take it, you d—d fool"—I asked the prosecutrix if she had been robbed—she at first said no—I said, "Be particular; if you are not robbed I am doing very wrong"—she felt in her pocket and said her purse was gone—I saw Moore's hand pass towards Clare's—I was obliged to release Moore then, because they both struggled very much, and Moore got away; Clare I held very tight—he kicked, and jumped, and did all he could to get away—I held him, hallooed, "Stop thief," and Moore was caught—Moore dropped the purse when he was taken, on the other side of Fleet-street—I took Clare to the station, and saw the purse brought in afterwards—the prosecutrix was sent for, and identified it—the scuffle took place between Temple-bar and the Temple-archway.
cross-examined by MR. CLARKSON. Q. Has your fortune been increased by this? A. No—some gentleman sent me a 5l. note, I do not know who; it was some nobleman, Mr. Alderman Farebrother told me—I never heard of it till the Magistrate told me—I did not see any policeman who was sent to fetch me—I did not object to go before the Magistrate—I told the Magistrate I had been riding a young horse, that he threw me, and I was forced to change my clothes before I could come—when I went into the Court one of the reporters said, "There is a 5l. note for you; you were likely to loss it because of not being here."
Cross-examined by MR. BALLANTINE. Q. Moore got in some distance before Clare? A. Yes—I never saw them before—I did not see any communication between them till Moore said, "Take this, you d——d fool"—there was a lady and two or three more gentlemen in the omnibus—I had not mistaken them for the swell mob—Clare dragged me back into the omnibus when I laid hold of him—I did not hear him say he would go and ask the lady—I am sure Moore did not address that expression to me, because he pasted his hand close by me to Clare.
JOHN SUTHERLAND (police-constable K 372.) About half-past two o'clock I was in Fleet-street, and heard a cry of "Stop thief," nearly opposite Chancery-lane—I turned and saw a person struggling with Moore, who had a cloak on—I opened it, and saw this purse drop from a fold in it—it was between Chancery-lane and the Temple archway—the purse was picked up, and given to Cooper.
William Harvey, butcher, Cromer-street, gave Clare a good character.
MOORE— GUILTY . Aged 33.
CLARE— GUILTY . Aged 43.
Transported for Ten Years.
JOHN BARNWELL . I am a ship-worker at the West India Docks. The prisoner was a labourer there—I had a hat on board a vessel on the 4th of Dec. and missed it on that day—I asked the prisoner where it was—he said he had taken it home—he had no business to do so, or to take it away from the vessel—this is it.
Prisoner. It was not found in my house.
GUILTY . Aged 32.—Recommended to mercy.— Confined One Month.
NEW COURT.—Tuesday, December 12th, 1843.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Two Month.
GUILTY . Aged 17.— Confined Four Months.
316. ELLEN TOY was indicted for stealing 1 ring, value 10s.; 14 spoons, 4l.; and 2 shifts, 10s.; the goods of Rebecca Baker: and SARAH NORLEY , for feloniously receiving the same, well knowing then to have been stolen, &c.; to which
TOY pleaded GUILTY .
NORLEY pleaded GUILTY . Aged 28.— Confined Eighteen Months.
317. ELLEN TOY was again indicted for stealing 1 pair of sugar-tongs, value 16s.; 4 pairs of stockings, 20s.; 1 boa, 10s.; 3 shawls, 1l.; 4 yards of diaper, 4s.; and 6 handkerchiefs, 12s.; the goods of Rebecca Baker; and 1 handkerchief, 4s., the goods of Frederick Willliam Harris: and WILLIAM NORLEY , for feloniously receiving the same, well knowing them to have been stolen, &c.: to which
TOY pleaded GUILTY .
MR. BALLANTINE, on the part of the prosecution, offered no evidence against William Norley.
NORLEY— NOT GUILTY .
GUILTY . Aged 21— Confined Six Months.
EDWARD SHARP . I am a seaman, and live in King David-street, Shadwell. I was in Fleet-street, the prisoner Wilkins came over to me, and said it was a fine morning—he said he was a stranger in London, and had come from the country, to receive some money for some apples and pears—he asked where I was going—I said to the Admiralty—he said, "I never saw the Admiralty; I should like to take a walk with you"—he pointed to Temple-bar, and asked what church it was—I said it was no church, it was what we called Templebar—he walked with me to the Admiralty—I said I was going in to ask a
few questions—he said, "I will wait here for you, and we will go and have a pint of beer, or half-and-half"—(I was going to try to get into Greenwich hos-pital)—when I came out, he was waiting outside—he said, "We will go and have a pint of beer together"—I said, "I am agreeable"—he took me down to the Strand, to a public-house down an alley, which I did not know—we sat down, and in came Davis, who said to me, "I presume you are a seafaring man"—I said, "Yes; I have been long enough at it; fifty-two years"—he said, "I have just come from America myself; when I was seventeen, my father died, and left me 700l., and my uncle did me out of it; I was seventeen or eighteen years with a man, and my old colleague died, and left me 14, 000l."—he said he had come from Liverpool to London, he was a stranger, and should like to see the Tower—he drank a pint of beer, and then took wilkins and me in the steam-boat to London-bridge—he went along Tower-street to a public-house, up some steps—we all three went in—it was then about one o'clock—Davis then said he would lend me 40l. or 50l.—I said I would not have it; I could not return it—he then said he would give me 5l.—he took out a bag with sovereigns in it, and a pocket-book full of notes—he said there was 14, 000l.—he then asked what money I could show, and told Wilkins to go home with me, to see what money I could muster—I was to bring my money—I went home and fetched a 5l. note and three sovereigns, in a tobacco-box—I took that to the public-house—Davis then asked Wilkins what money I had brought with me—Wilkins said 8l.—Davis then would not give me the 5l. there—he took me to a house at the corner of Pres-cot-street, and there he said he would give me the 5l.—he had got six bags, with strings to them, which he said he got for 6d.—he said to Wilkins, "Here is a bag for you to remember me, put your own money in this bag, and I will pot another 5l. note in it"—he put a 5l. note in the bag first—then he said to me, "Here is a bag for you; take your own money out of your pouch and put it in here"—I took the 5l. note and the three sovereigns, and put in, and then he said, "Now here is a remembrance for yon; here is another 5l. note"—he put it in the bag, and said, "Now I will shove it in your pocket for you," which he did—he then said, "We shall stop here, you run home with your money first, and then we will go to the Tower"—I went out, but I did not get far before I looked to see if the note was good, and I found only three farthings in the bag—I went back to the public-bouse, and the prisoners were gone—I was then foolish enough to go down to the Tower—they were not there—I did not examine the bag to see if the notes were in it till I got to Tower-street—I then found there were only two papers in it—my own 5l. note was gone and my three sovereigns—I can take my oath the prisoners are the two men.
Cross-examined by MR. BALLANTINE. Q. What day of the month was this? A. I do not know—it was on a Thursday—I do not know when I saw either of the prisoners again—I dare say it was seven weeks afterwards—I then saw Wilkins in the Giltspur-street compter—I was in the prisoners' company from half-past ten o'clock till near three—the man who was with Wilkins was a short man—I have no doubt of that—I described them before I saw them again.
Cross-examined by MR. WILKINS. Q. How long had you been on shore? A. Thirteen weeks—I was paid off at Leghorn and came home in another ship—I received 12l. altogether—I had not drunk any thing that morning till Wilkins gave me the pint of half-and-half—I never saw him before to my knowledge—I had not been above half an hour with Wilkins before I saw Davis—I went home to get my tobaeco pouch at No. 7, King David-street, where I have
loged twenty-two years—there is no one here who saw the money in my posssssion.
THOMAS MAJOR . I keep the Royal Standard in Whitechapel. Some weeks ago the prisoner Wilkins came into my house—he pasted the bar, opened the parlour-door, and looked in—he then passed the bar back again, and said to some person outside, "We may as well come in here; we can gel at good a drop of ale here as any where"—Sharp and a shorter man then came in, and they all three went into the parlour—I went in directly after and said, "Gentlemen, what can I help you to?"—Wilkins ordered three glasses of the best ale—it was taken in and the door shut—when they had been there about ten minutes, Sharp went out and the other two went in two or three minutes after—I knew no more for about ten minutes or a quarter of an hour, when Sharp came back in a confused state—he opened the parlour-door and said, "Are these men gone?"—I said, "Yes, they went directly after you; is any thing the matter?"—"Matter enough," says he—he took out a bag and shook it on the counter—there were two pieces of paper and three farthings in it.
Cross-examined by MR. WILKINS. Q. Had you known Wilkins before? A. No.
COURT. Q. Have you any doubt that Wilkins is the same man? A. None—I doubt whether Davis was the other man; for when I went into the parlour he was looking down as though he were looking for something under the table.
Cross-examined by MR. BALLANTINE. Q. You neither noticed his features nor his height? A. Not particularly; I saw he was shorter than the other, when they went out.
GEORGE HANN (City police-constable, No. 205.) On the 21st of Nov., I saw the two prisoners together in Aldersgate-street—they were talking—I saw them go and put two top-coats on in a passage—I took them into custody—I found on Wilkins 5s. 0 1/2 d. in money, and these four bags—I afterwards want to Giltspur-street with Sharp—there were about twelve men together in the yard there—I did not direct Sharp as to the persons he should charge—I did not go in the yard—Sharp went in and the turnkey with him—Sharp pointed out Wilkins and another man named Wigley, who was six feet high—I did not say any thing to induce him to alter his opinion; but when the two prisoners got out of the cab at Guildhall I saw him point to Davis and he said that was the man.
Cross-examined by MR. BALLANTINE. Q. Who was in the cab with Davis? A. I and Wilkins, no one else—Sharp went to the Court for the purpose of giving evidence against these parties—I do not know that he knew they were to be brought in a cab—he knew I was to bring them—I took the two prisoners, and then, for the first time, he pointed out Davis as being one, there being no other person there.
THOMAS WOODROFFE (Inspector of the City police.) I was at the station-house on the 21st of November—Davis was searched in my presence—this pocket-book was found on him with some flash notes in it, and four gilt-pieces of coin, with the King of Hanover on them.
MR. BALLANTINE called
GEORGE EVANS . I am turnkey of Giltspur-street Compter—I was present when Sharp attended to identify some persons—the two prisoners were there, and a man named Wigley—when Sharp went in Wilkins was nearest
to the door—he touched him on the breast and said, "This if the man that had my money"—Davis was about three or four persons from him—there were about nine persons there, and they were all standing up in the yard, so that Sharp had a full opportunity of seeing their height—I cannot say whether he passed by Davis, but he went to Wigley and said, "This man looks like the other, but he don't look so well as he did when he had the money"—I requested him to look again and be certain—he said again, "He looks like him, but he don't look so fat, and don't look no well"—he did not express any doubt about his height—I suppose Wigley was a foot taller than Davis, and there was no similarity between them.
WILKINS— GUILTY . Aged 30.— Transported for Seven Years.
DAVIS— NOT GUILTY .
JAMES FLETCHER . I am a painter, and live in Hart-street, Bloomsbury. This machine is mine—I saw it safe on the 2nd of Dec, at a house where it was in use—I do not know the prisoner, nor did I authorize him to take the machine.
SARAH WINTER . I have the care of No. 6, Charlotte-street. This machine of Mr. Fletcher's was safe at that house—at twelve o'clock on the 4th of Dec. the prisoner rang the bell—he said he came for Mr. Fletcher's machine—he went up stairs to the second floor, unfastened it, and brought it down—as he passed the parlour, he said I was to tell the men not to go on with their work, as it was likely to be wet—he went away with the machine on his shoulder.
Prisoner. I was out of employ; this is the first time I ever was in trouble.
GUILTY . Aged 35.— Confined Six Months.
(There were two other charges against the prisoner.)
JAMES THOMAS COWLEY . I keep a shop in Long-lane, Smithfleld. I have an open window, and fasten my things with a string. About a quarter after seven o'clock in the evening, on the 8th of Dec, I missed a cap—I was then looking out rather sharp, and saw the two prisoners facing my door—in a quarter of an hour I heard the string snap—I looked out, and saw the policeman with the prisoners and this cap, which is mine.
HILL— GUILTY . Aged 23.
SALE— GUILTY . Aged 18.
Confined Two Months.
JOHN CHITTENDEN . I am coachman to Mr. Porter, of George-street, Edgware-road. On the 3rd of Dec. I drove to the Black Horse, at Sudbury, on the Harrow-road—I took my great coat from the box, there, and put it inside the carriage—I afterwards missed it—this now produced is it.
WILLIAM DARVILL . I am a labourer, and live at Sudbury. On Sunday afternoon, the 3rd of Dec, I was at the Black Horse—I followed the prisoner out of that house, and saw him go to the carriage, which stood under the bar window—he opened the carriage, and took a great coat out of it—I went up,
took hold of his arm, and tried to persuade him to put it back—he ran away towards Harrow with the coat—I went into the house and mentioned it.
Cross-examined by MR. BALLANTINE. Q. Tell me who you named it to? A. To Mr. Abby first, and then to Mr. Latch ford, a policeman—I sometimes work on a farm, and sometimes on the railway—I had not been with the prisoner the whole of that Sunday—I gate him his dinner, and was with him in the afternoon—there were four or five of us—I had drank but very little—I gave the prisoner 2d.—I followed him out at the door—I know where the coat was found—that was very little in my way home—I might go that way, but do not generally.
Cross-examined. Q. Do you know Mr. Darvill? A. Yes? his brothe John Darvill, was there that evening, and two or three more men, but no women.
NOT GUILTY .
SAMUEL MARKS , carpenter, Porchester-terrace Mews. I missed fifty feet of leaden pipe belonging to Thomas Ross, and a wheelbarrow belonging to Frederick Woods. I saw them both safe last Thursday afternoon—I have examined the pipe found, and believe it belongs to Mr. Ross—both the prisoners worked at the place.
OTHO HENRY STEED (police-sergeant.) At half-past eleven o'clock last Thursday night I saw the prisoners walking together in a direction from Porehester-terrace to Queen's-row—Griffin was wheeling a barrow—when they got near a turning, Walker ran to the corner and looked down—the policeman on the beat was coming up—Walker turned and whistled, and Griffin stopped with the barrow—I crossed over and asked what he had got in the barrow—he told me to look and see—I found this pipe in it—I had seen Walker walking with Griffin before that, and both the prisoners afterwards told me their master had ordered them to wheel it up there, but they did not lay who he was.
Griffin. I offered you to go to my master. Witness. Yes, I asked you who he was, and you would not tell me—I told you to take the barrow to the station, and you told me to take it myself—I found two knives on you, one of which appeared to have been recently broken.
Griffin's Defence. I was coming from Notting-hill; I saw Walker; we were coming along, and I had occasion to stop; Walker went on; he saw this barrow, and came to me with it; he said, "Now you have a turn;" I wheeled it about fifteen yards, and met the policeman.
Walker's Defence. I saw the barrow, and I asked Griffin to wheel it.
GRIFFIN— GUILTY . Aged 29.
WALKER— GUILTY . Aged 29.
Confined Six Months.
Prisoner's Defence. I bought them of a poor woman on the road.
GUILTY .* Aged 44.— Confined One Year.
(There was another indictment against the prisoner.)
GEORGE JAMES DERBY . I am a schoolmaster, and live in Stepney-square. The prisoner was my servant—I found a man concealed in the out-home on the 4th of Dec., and sent the prisoner away the same night, and on searching, a shift and some calico were missed—next morning she came for her box—I accused her of taking these things, which she denied—the calico was found in her box—the said, "I confess that I have taken them," and produced the duplicate of the shift, which was in the mattress of her bed—it bad been pawned for 6d.
Prisoner. You promised me pardon, and I confessed. Witness. She was given to understand that she would be let off, but it was at her mother's request that I prosecuted—she was without a home or money, and begged I would prosecute her, that some means might be found of providing for her.
Prisoner's Defence. I had taken these things, but the shift was my own; the calico was in my box; my mother is now willing to receive me at home.
GUILTY . Aged 22.—Recommended to mercy.— Confined One Month.
GUILTY . Aged 49.— Confined One Month.
LYDIA SLAYER . I am the prosecutor's housekeeper. I have never received 1s. 6d. from the prisoner for coals delivered to Sarah Phipps, nor 3s. for coals to Mary Ann Phipps—I am quite sure of it—I keep books, and have examined them—I have no such turns received for the last two or three months.
Prisoner. I think I paid her. Witness. I have the book here—I am quite sure I have not received them.
GUILTY . Aged 21.— Confined Four Months.
328. GEORGE ABBOTT was indicted for feloniously receiving, of a certain evil-disposed person, pan of 2 seat's hides, value 6l.; and 50lbs. weight of leather, 6l.; the goods of William Essex and another; well knowing them to have been stolen; against the Statute, &c.; to which he pleaded
GUILTY . Aged 20.—Recommended to mercy.— Confined One Year.
329. GEORGE ABBOTT was again indicted for feloniously receiving, of an evil-disposed person, 2 neats hides, value 4l.; and 2 neat skins, 4l.; the goods of William Learmouth, well knowing them to have been stolen; against the Statute, &c.
MR. CLARKSON on behalf of the prosecution offered no evidence.
NOT GUILTY .
CHARLES HERITAGE . I am shopman to John William Vaughan, linendraper Whitechapel. About four o'clock, on the 7th of Dec., the prisoner was brought into the shop with thirty yards of Orleans cloth—we then examined and missed the cloth—I am quite sure this is my master's cloth—I know it by the mark.
EDWARD BURGESS (policeman.) I was on duty—I saw the prisoner and two more females go into the prosecutor's shop—I saw the other two stand in front of the prisoner, while she took this piece of Orleans cloth from a pile inside the door—she came out—I followed her down Goulston-street, and said, "What have you got?"—she said, "Nothing"—I stretched my hand to take the piece, and she let it fall in the dirt—I took it up, and carried it to the shop, where it was owned.
GUILTY .* Aged 18.— Transported for Seven Years.
JOHN JENKINSON . About half-past four o'clock on the 8th of Dec. I stopped this kettle in possession of the prisoner—it was tied in a handkerchief—he and another were coming in a direction from the prosecutor's, and about 500 yards from there.
Prisoner. My father told me the kettle was taken from opposite Old-street mad-house—I bought it a quarter of a mile up Old-street of a lad.
GUILTY . Aged 17.—Recommended to mercy.— Confined Ten Days.
JAMES DEADMAN . I am a wheelwright, and live in Little Vine-street, Waterloo-road. On the 2nd of May the prisoner hired a hay-cart of me—he was to pay 3s. a week for it—I never saw the cart again till last Saturday week, when the prisoner was taken—it was my cart—he never came to pay the 3s. a week—I never saw him—I valued it at 12l.
Prisoner. I did not hire it on the 2nd of May. Witness. It is put down as on the 2nd of May.
GEORGE DEADMAN . I am the prosecutor's nephew. I was present when the prisoner hired the cart at 3s. a week—he never came back—I found him on the 25th of Nov. in Smithneld-market—I went up to him, and said, "I have been looking for you," and asked where the cart was—he said at Paddington—I said I had been there looking for it, and could not find it—I told him to come and show me where it was—he said he would—he went as far as Crown-street, and then he said I should find it at Paddington, and he would go no further—I told him I heard he had sold it, and gave him into custody.
Prisoner. My name had been on the cart above twelve months before I had it—it was on it when I had it.
GEORGE DEADMAN re-examined. Another man hired it before the prisoner, and let him put his name on it—when it came back to our place we asked how it came to have that name on it, and they said they could sell a load of hay better if the cart had a name on it, and they thought it came out of the country.
GUILTY . Aged 33.— Confined Six Months.
MARIA HUXLEY . I am the wife of Joseph Huxley, of Regent-street, Vauxhall-road. On the 7th of Dec. I missed two cocoa-nuts from inside my shop—I ran out, and caught Simpson, but the nuts have not been found.
Cross-examined by MR. HORRY. Q. You know them both, do you not? A. Yes—I am not in the habit of playing with them—I have seen them about with had boys—it was between five and six o'clock when I saw them—I was sent out to get a candle.
NOT GUILTY .
JOHN NAYLOR . I am a linen-draper, and live in Tottenham-court-road. On the 2nd of December, between eleven and twelve o'clock in the morning, I was dressing my shop-window, and the prisoners came in, to look at some white window-blinds, which hung over some flannel—Calman said they would wear black (I saw he had a black patch on his head) they did not buy that, but bought a yard of green leno—about two or three o'clock I saw them again, and about a quarter past four a lady came in and bought something, and then I saw Calman again—a man called out that a piece of flannel was gone—I saw cleary with it—I called, "Stop thief," and he dropped it.
CHARLES PURFORD (policeman.) At a quarter before four o'clock, on the 2nd of December, I was on duty, and saw the two prisoners together, looking from shop to shop—I watched them for three quarters of an hour—I then got into Goodge-street, and heard a cry of "Stop thief"—I ran down Charlotte-street, and found Cleary running—I took him, and on the road to the station, this ticket of the flannel dropped from him—the prosecutor identified him as the person he took the flannel from.
CLEARY— GUILTY . Aged 23.
CALMAN— GUILTY . Aged 18.
Confined Six Months.
JAMES BARNES . I live with Jesse Smith, cheesemonger, Brunswick-parade, Islington. On the 4th of Dec., about nine o'clock in the evening, I saw the prisoner take this bacon off some cheese, at my master's place—I called my master, who took hold of her, and she dropped it—I am sure I saw her take it.
Prisoner's Defence. I passed on five or six houses from the shop; he took hold of me; I had not got it.
GUILTY .* Aged 25.— Confined Three Months.
JAMES GADD . I live at Pennington, in Nottinghamshire, and am captain of two boats. On the night of the 10th of Dec. I was at Bull's-bridge, Middlesex, and the prisoner was there—I went to bed about ten o'clock—I awoke about three, and the prisoner was gone—I went on about three miles, till I got against the cemetery—I then went to the hold, and missed a truss of hay, a horse-collar, and the rope—I then went to look in my other boat, and the other rope was gone—I got through Paddington-stop, against the Regent's-canal, and the prisoner was beginning to get his boat through the tunnel—I saw him throw some ropes overboard—I found the ropes afterwards, and they were mine.
Cross-examined by MR. HORRY. Q. When had you last seen them? A. On Saturday night—the prisoner was captain of a narrow boat—his boat was a couple of hours before ours—there were five persons in our boat—there was only the prisoner and a boy in his—the ropes were about 100 yards long—these are the ropes—I can swear to them—it is like two sorts of line, one is thicker than the other—this horse-collar is mine—I put these straps on it.
THOMAS DUNKLEY (policeman.) I found this horse-collar in the prisoner's boat—he said he did not know how it came there—we dragged for the ropes, and found them close to where the prosecutor pointed out.
NOT GUILTY .
ANN JONES . I am servant to Mr. Frederick Braithwaite, of the New-road. On the 5th of Dec., about half-past eight, I heard the bottles rattle in the area—I leaped out of the window, and found the prisoner taking bottles out of the rack—he had got nine down, and nine were half way up the area.
Prisoner. Another boy sent me down, and said he would give me 3d.
GUILTY . Aged 13.—Recommended to mercy.— Confined Fourteen Days, and twice whipped.
ELIZABETH GEORGE . I am the wife of Henry George, of Frederick-street, Hampstead-road. On the 8th of Dec. I went to a wagon to buy some coals—the prisoner was with the wagon, and carried the coals up into my room—when
I went out I had a purse on the shelf in my closet, which contained 6s. 1d.—when I came back, after having the coals, I missed the purse—I went after the prisoner, and found him in Charles-street with the wagon, and gate him in custody—this is my purse.
Prisoner. I picked it up.
GUILTY . Aged 13.—Recommended to mercy.— Confined Thirteen Days and whipped.
HENRY JOSEPH KING (Thames police-constable). On the 4th of Dec., between seven and eight o'clock in the morning, I was on a barge off Wapping—it was near low water—I saw the prisoners walk along to a coal barge, No. 44, and each of them reached up and took some coals off—they broke them, mixed them up with some mud, put them into some kettles, and walked away—I went round and took them.
(The prisoners received good characters.)
SULLIVAN— GUILTY . Aged 10.
FLINN— GUILTY . Aged 13.
Confined Seven Days.
GUILTY . Aged 10.— Confined Three Months.
GUILTY . Aged 16.— Confined Six Months.
SARAH HANNAH . I am the wife of Robert Hannah. On the 9th of Dee. I had thirteen shirts in a bag in a closet up stairs—the prisoner came to live with me to do some washing—I took her in out of charity, till she got a place—I missed four shirts that night out of the bag, and took one from her—she said she had only taken that one, but had never touched the others—I turned her out—the others have been found—this is my shirt, to the best of my belief—I could not swear to it.
GUILTY . Aged 24.—Recommended to mercy.— Confined Two Days, and to be delivered to her father.
EDWARD KING , general salesman, Tothill-street, Westminster. On the 8th of Dec. the policeman came and asked me if I had lost anything, and this shawl was gone—I had seen it safe about ten minutes before the policeman brought it in.
Prisoner. Q. Did I not bring in a stock and a pair of stockings? A. I do not remember it.
GUILTY . Aged 35.— Confined Two Months.
JAMES WARE , seaman, Greenhithe. On the 4th of Nov. I was at the Harrow public-house, at Poplar—the prisoner was potman there—I went to bed—my shoe was tied in a knot—I got the prisoner to untie it—I had my watch and guard—the prisoner said he would take them for me till the morning, and said he was going to get spliced—he took off my shoes, and I took off my trowsers—he assisted me—I shook the trowsers, and the money was in the pocket—he bid me good night, and closed the door—I awoke in the morning, went to the prisoner's bed-room, and called to him for my watch—he was not to be found—this is my watch.
Cross-examined by MR. BALLANTINE. Q. You had been drinking with him, had you not? A. Not that evening—I had drank with him—I have been in India—I have heard he had been in India—I was sober—I had had two fourpennyworths of rum and water—the prisoner took off both my shoes—I did not ask him to take care of my watch—I allowed him to take care of it, because I thought him an honest man—I do not know that he has been surrounded by a great many women, night after night—I do not know the woman he was going to be married to.
JOHN ABBOTT . I keep the public-house—I told the prisoner to take the prosecutor up to bed—he came down in about an hour—I asked him what he wanted—he said to go to the privy—I let him out at the back-door—I do not know whether he came back, but I suspected he had, and fastened the door—the next morning Mr. Ware rapped at the door, and said he wanted his watch and money—the prisoner was then gone, and the watch was gone.
Cross-examined. Q. What sort of a house is yours? A. A lodging-house—I have known the prisoner several months—he has been a great many years in India, and I have heard he has a pension—a good many women of the town frequent my house.
SAMUEL SHAW . I live in Whitechapel. The prisoner came to me on the 5th of Nov., and desired to be accommodated with a bed—when he came down in the morning he produced a watch, said it belonged to himself, and desired to have money lent on it—I said perhaps he might get it at the pawnbroker's—he asked if I would take it, as he said he had only been nine or ten days landed from India, and had been travelling all the night before—I took it, and pledged it, for 8s., in my own name, at Mr. Bonham's.
MR. BALLANTINE to SAMUEL SHAW. Q. What came of the money you got? A. I brought the prisoner 7s. 10 1/2 d., which was all I received—I gave him the ticket—he gave it me back, and told me to keep it till the 1st of Dec.—he never paid me for his bed—I never received a farthing of him—he might have paid the servant that showed him the bed—she is not here—I believe I got 4d., through my servant, for his bed—he received the money on the 5th of Nov.—I do not know that I did—I am sober now.
NOT GUILTY .
NEW COURT.—Wednesday, December 13th, 1843.
Fifth Jury, before Mr. Common Sergeant.
MARY MURRAY . I live with Ann Gale, in Oxendon-street. About two o'clock at night, on the 4th of Dec., we were sitling up—the door was not locked—I lost the coal-scuttle—I did not know the prisoner—this is my mistress's scuttle.
Prisoner's Defence. I was in Long-acre; a female called me, and said, "Will you take care of this for a few minutes?" I took it up, and a gentleman came and said, "What are you doing with this?" I said a woman left it me to hold.
NOT GUILTY .
GEORGE WESTON (police-constable F 6.) About eight o'clock, on the 7th of Dec., I saw Benjamin Joseph Jones removing goods from outside the prosecutor's shop—Robert was standing opposite the shop—Benjamin Joseph Jones beckoned him—he came across and spoke to Benjamin—Benjamin gave him an old pair of shoes—he then beckoned him again, and Benjamin had this pair of shears in his hand—he put them down, went in and closed the door—Robert went and took the shears—I took the shears, and then I took Robert, and found this pen knife on him—he said, "I will swear that you never took that out of my pocket, you took it off the counter."
(The prisoners received good characters.)
BENJAMIN JONES— GUILTY . Aged 15.
ROBERT JONES— GUILTY . Aged 17.
Confined three Months.
WILLIAM WYMARK . Rawlings called me into the passage and said there was a man stealing the boots—I went into the water-closet—the prisoner was there—he had one boot in his hand, the other was on the seat—he had no
business there—I asked him what he was doing, he said, "Nothing"—I never saw him before.
GUILTY . Aged 50.— Confined Four Months.
348. JOHN BUCKLAND and CHARLES SIGGERS were indicted for stealing 25 feet of iron-wire work, value 1l. 12s.; the goods of James Edward, Lord Cranstown, of Scotland, and fixed to his stable-yard.—2nd COUNT, stating it to be the goods of James Edward Cranstown, Esq.
JOHN LEE . I am gardener to James Edward Lord Cranstown, who lives in Old Brompton. I have the care of his premises—there was a wire pheasantry fixed at the back of the stable—I saw it safe on the 12th of Nov.—on the 13th I found part of it gone—the other part was taken on the 25th—I believe this to be part of the wire-work.
Cross-examined by MR. PAYNE. Q. Lord Cranstown is not in the House of Peers? A. No—I missed this wire at three different times—the pheasantry adjoins the garden, and there is a field on the other side.
HENRY JOSEPH CHAPPELL , smith, Crombie-lane, Old Brompton. Buckland brought me three pieces of wire—about a week after he came again—I was not at home—on my return I found some wire—on Saturday the 25th, Buckland and another lad came with a piece of wire—Buckland said he was sent by his father to sell it, being the last of what they had where they had been keeping fowls—I said, "I shall not buy this without your father comet himself or sends a note"—they went away, and in half an hour brought a note—I had not seen Siggers at any time with any wire.
ALBERT MILLS . I live in Caroline-place. The prisoners came to me on Saturday night, and asked me if I knew where they could get a pen and Ink, and paper, they wanted to write a note, for they had been to Chappell's with a piece of wire, the hen-house that was, and he would not buy it without a note from their father—they wanted to write a note to save them the trouble of going across the fields—I wrote this note—they told me what to write—(read)—"Sir,—Please to buy the wire of my two sons, as I am engaged, and you will oblige W. Bucknall"—I am sure Siggers was with Buckland.
SAMUEL GUMMER (policeman.) I was on duty in Crombie-lane, on Monday the 27th, and received information—I went to Chappell's and found the wire—I went to Mr. Lee—he went to Chappell's, and identified the wire—I took Buckland, and then took Siggers—he denied it at first—his father told him to tell the truth—he then said that Buckland came and said there was some wire in the field, they might go and take it to Chappell's and make money of it, and they did.
Cross-examined. Q. Was not Siggers discharged? Q. Yes; till I got further evidence.
BUCKLAND— GUILTY .
SIGGERS— NOT GUILTY .
BUCKLAND— GUILTY . Aged 15.— Confined Four Months.
SIGGERS— NOT GUILTY .
350. WILLIAM JONES, SARAH CHAPMAN , and SARAH CHAPMAN, Junior, were indicted for stealing 1 bolster, value 3s.; 1 pillow, 1s. 6d.; 2 blankets, 4s.; 1 quilt, 2s.; 2 sheets, 4s.; and 1 candlestick, 6d.; the goods of Elizabeth Ryan ; to which
CHAPMAN pleaded GUILTY .
CHAPMAN, Jun., pleaded GUILTY .
JONES— NOT GUILTY .
351. WILLIAM JONES, SARAH CHAPMAN , and SARAH CHAPMAN, Junior, were again indicted for stealing 1 coat, value 30s.; 1 waistcoat, 5s.; 1 pair of trowsers, 15s.; the goods of George Ryan; and 2 shirts, 4s., and 1 handkerchief, 1s., the goods of John Simpson; to which
SARAH CHAPMAN pleaded GUILTY .— Confined One Year.
SARAH CHAPMAN, Jun., pleaded GUILTY .— Confined Six Months.
(No evidence was offered against Jones.)
JONES— NOT GUILTY .
GUILTY . Aged 33.— Confined Nine Months.
Prisoner. My father told me to look after a place; some lads said, "Carry this just over the field; if you see a policeman say it is your father's."
GUILTY . Aged 14.— Confined Three Months.
JAMES WEBB , poulterer, Hoxton old town. About five o'clock on Thursday night, the 7th of December, I went into a public-house in Bishopsgate-street—I left my horse and cart in the street—there was a dead hare and some sausages, and three dead rabbits, and other things in the cart—I was there about half an hour—when I came out I missed my horse and cart—Lane ran to me and said, "I can show you where your horse and cart are"—he took me to the green yard, and there I found my cart—I paid the expenses and came away—Lane left with me, and when I got to the Spread Eagle, adjoining Shoreditch church, I stopped, and thought I would take a little more beer—I left Lane in the cart, to protect and take care of it, and when I came out he was in the street with two more, who were strangers to me—I went away with Lane in the cart to go home, and pay him for the trouble of taking me to the cart—I got a little way when Marter asked me to let him ride—I consented—he got in tue cart—when I
got home I was going to take the things out of the cart into the shop—the officer came and gave me information—I found I had lost a hare, some sausages and rabbits—he took Lane and Matter, and then the officer took me to the station—I found the hare there—I believe it was mine.
JOHN WESTBURY (policeman.) Between five and six o'clock that evening I was on duty in plain clothes near the Spread Eagle—I saw the three prisoners, and watched them—they went into the Spread Eagle—they came out and looked into the cart—the prosecutor came out, and went in again—in a few minutes he came out—he and Lane got into the cart—they drove about thirty yards, and Matter got in—Duncan was running on the other side—they turned up Fleming-street, and there Marter stooped down, and Lane threw something from the cart—I fixed my eye on it—Duncan took it up—I went towards him—he turned, saw me, and threw it down—I laid hold of him, and said, "Come, I want you"—he said, "What for?"—I took him to the hare, and said, "Do you know anything of this?"—he said, "No"—I took him and the hare in to the sergeant—I pulled off my coat, and put on a cap—I went after the cart, and found Marter and the sausages by where he was—I took them—I had seen Marter and Lsne together before—I have not seen Duncan with them.
Duncan. I was going down the street, and saw something drop from the cart; I picked it up, and put it down again; the policeman took me.
Marter's Defence. I was going along; the prosecutor struck me in the mouth: he said, "Never mind, old man, have a drop of something to drink;" he took me into the cart, and said, "Come home, we will have something to drink."
Lane's Defence. I met the prosecutor; he lost his cart; I told him I saw the policeman take it to the green-yard; we went there; he came away, and stopped at the place where he lost his cart a few minutes, and then came to the Spread Eagle; he got out, Marter came up, and the prosecutor hit him: they called for a quartern of gin; I got into the cart, and drove off.
(Duncan received a good character.)
DUNCAN— GUILTY . Aged 21.
MARTER— GUILTY . Aged 20.
LANE— GUILTY . Aged 17.
Confined Six Months.
355. GEORGE DAVIS, CHARLES DAVIS , and ELIZA TRIGG , were indicted for stealing 100 pieces of parchment, value 50l.; 200 pieces of paper, 50l.; 3 bedsteads, 5l. 5s.; 14 tables, 18l. 10s.; and other articles, value 148l. 12s.; the goods of His Grace, William, Archbishop of Cantebury.—2nd COUNT, stating them to be the goods of Samuel Cook, and the Ordinary of the diocese.
MESSRS. DOANE and WILDE conducted the Prosecution.
FREDERICK SEACAMP DIXON , solicitor, Ange-court, Throgmorton-street. I was acting for the late Captain Livingstone, of Brompton. On the 29th of Sept. the prisoner Charles Davis called for the purpose of my attending Captain Livingstone, and taking instructions for the preparation of his will—I went, and found Captain Livingstone very ill—he stated I might come another day—I went to his medical man, and asked if he thought he was in danger—I then returned to the captain, and pressed upon him the necessity of making a short will, but he declined it, and told me to come on the Monday—Charles Davis came to my house early on Monday morning, and said the captain was dead—I saw the body myself—Charles Davis wished me to call to give him advice as to how he was to act under the circumstances—I attended at the house, and found Charles Davis there and Trigg, who was servant there—they
asked me what they should do—I told them to give notice to the registrar of the district, to take care of the property, and I would write to his friend, Mr. Colville, the registrar of the Court of Chancery—I wrote that day, and on the following Wednesday Mr. Colville, Jun., accompanied me there—I saw Charles Davis and Trigg, and directions were given by Mr. Colville, in my presence, to them, that his father was willing to bury the captain, as a friend, knowing him in his lifetime, and to send for some respectable undertaker—Charles Davis said his father would wish to have the conducting of the funeral—Mr. Colville consented, and told him to send for his father, and his father attended—Mr. Colville told the father he did not wish the funeral to be a very expensive one, as his father would advance the money—he gave him 5l., and said, "Apply that towards the expenses of the funeral"—I suggested that we should teal up the scrutoire and two tin boxes—I and Mr. Colville sealed them in Charles Davis's pretence—I am not aware what was in the tin boxes—I did not examine them—I opened the lid, and found they contained papers—I put in the scrutoire an agreement on paper, under seal, made between the late Captain Livingstone and Mr. Herman—I did not see say parchments in the boxes—they were large deed-boxes—I did not look in them particularly—there was furniture in the house—Trigg asked for mourning.
EDWARD DOD COLVILLE , Jun. I live at Sydenham—my father is Registrar of the Court of Chancery—he has been intimate lately with Captain Livingstone—in consequence of a letter, I went to the late captain's residence on the 4th of Oct.—I met Mr. Dixon there, and found Charles Davis and Trigg on the premises—I undertook that my father should pay the funeral expenses, and arranged with Charles Davis that his father should arrange the funeral—I advanced 5l. on account of it—I saw several papers, and I think I saw one or two parchments, at the bottom of the tin boxes—there were so many papers, that it appeared a complicated affair—I went to the house again on the following Wednesday—Charles Davis answered the door, and another person who is not present—there is a fore-court to the house, and they refused to let me in—I asked Charles Davis by what authority he kept me out—he answered to the effect that he had as much right there as I had, and asked what right I had—I asked him by what authority he refused to allow me to enter, that I came to take possession of the goods for the benefit of the estate—he said he bad as much right there as I had—I consulted with another friend who was with me, and told Charles I should not interfere in the matter, that I should confer with Mr. Bourdillion, and advised him to take care what he was about, as I thought he would get into considerable difficulty—I asked if he had buried the captain according to my directions—he answered he had buried him in a much better way than I had directed.
Cross-examined by MR. CLARKSON. Q. Do you know there has been an extent issued against Cook? A. I do not know what an extent is—the Crown has not taken any steps—this is the first word I have heard of it, to the best of my recollection—I went on the first day, and on asking Charles for the key, he said he would rather I would seal up the scrutoire, than give me the key—I am not able to say whether he refused to give up the key or not—he might have locked up the scrutoire in my presence, but I sealed it afterwards.
MR. DOANE. Q. What key were you talking about? A. The key of the scrutoire—there was a discussion, about whether I should take the key or seal it up, and he said he would rather I should seal it up.
Brompton—I had been informed he was dead—I stood at the gate, and asked to get in—I saw Charles Davis—he said he would not allow me to come in—I asked him by what authority he refused me, being an old medical attendant and friend of the captain—I said, "Is it by authority of Mr. Colville or Mr. Bourdillion?"—he said, "No"—I said, "Why do you keep me out? you don't think I will steal anything"—he said, "I won't let you in till I know to whom the property belongs, I am keeping it for the rightful owner"—I said I had heard the things were being made away with—he said, "It is a lie"—I then turned back, under an impression that the captain was not buried, and I said, "Will you not let me see his body?"—he said, "I will not let you in at all"—I said, "Has the captain made a will, or left his property to any one?"—he said, "No."
MARGARET CAROLINE COOX . I am the wife of Samuel Cook. There was some of his property in the house of the late Captain livingstone, in Pelham-place, Brompton—I have seen some of it since this inquiry, at a house at Prospect-place, Old Brompton, which is occupied by Ayley—amongst the property were two candlesticks, a pair of snuffers, seven forks, a chimney ornament, two salt-cellars, two decanters, 300 newspapers, one feather-bed, 100 books, two yards of carpet, and other things—I also saw some things at Clark's, the auctioneer's—some of them were my husband's, and some Captain Livingstone's—I resided in the captain's house up to Feb. last, and then left—I have not been there since—I have only passed it once since—my husband's property was in the house when I left in Feb.—Trigg was in the captain's service when I was there. In consequence of information from Dr. Lynch, I went to the captain's house about eight at night, on the 11th of Oct., but did not go in—I saw Trigg assisting at the hall door, and several men—I do not know whether Charles Davis was there—they were removing printed books and papers from the house into a van—I caused some of the police to follow the van—on the following Friday I went to the first-floor front room of the house in Prospect-place—I saw the same papers and books there that I had seen placed in the van—some of them belonged to my husband—the others belonged to Captain Livingstone—I had seen them in his house—I found a bed and other things there—I then caused Trigg and Charles Davis to be taken into custody—a day or two after, I got a search-warrant, and went to the house of George Davis, in Pond-place, Chelsea, and saw some other property.
Cross-examined. Q. Who is your attorney? A. Mr. Steel—I am the prosecutrix of this indictment, as far as my husband is concerned—I do not know that any one else employed Mr. Steel—my husband is in the Queen's Bench—he has been there between twelve snd thirteen years—he has been in the Fleet for not answering a suit in Chancery, and he was removed to the Queen's Bench—I have not borrowed money of the late Captain Livingstone—I swear that—I have had money of him—I cannot tell how often—it was for the purpose of housekeeping—I never had money from him on any goods I claimed to be mine—I first left the capta n last March twelve months, and he sent for me again last Jan.—he was very ill at the time—I finally left in Feb., by my own desire, and by desire of my friends—the captain did not desire me to leave—it was the wish of my eldest son—I had been living in that house with Captain Livingstone about three years—I never borrowed any money, or had any advances of him, nor had advances of him on any goods of my husband's or mine—I have not had as much as some hundreds of pounds from the captain, that I know of—I used to live in the drawing-room, and dined with him sometimes—we were on friendly terms—I never lived with him on any other but friendly terms, in the ordinary sense of the
word—I was not his housekeeper—I lived there for the protection of my property—I never was under his protection—the signature to this paper is mine.
Q. What does all this mean? "Whereas, my husband, Samuel Cook, being now a prisoner for debt, and being in want of money for the support of himself, and me, and his family, he authorized me, from time to time, to raise money on certain articles of furniture and books, and in consequence of Mr. Jeremiah Livingstone's having advanced to me various sums of money amounting to 76l., I do deposit with him the following books, manuscripts," &c. A. These were the books belonging to my husband—Messrs. Amory's, the solicitors, were to have had these books in their possession, for which they sent 20l. through the hands of Mr. Livingstone, and Mr. Amory holds these books now.
Q. How much have you had sinee this was dated—500l.? A. No, I have never had 500l.—I cannot say whether I have had 300l. since 1834, when this is dated, but it was not for my purposes—I left Mr. Livingstone by the advice of my friends—I heard I was charged with having taken away a deed of conveyance, of my husband's—I was charged with taking a bond at the same time, but nothing else—they were missed a few days before I left—it might be about Jan. last.
Q. Were you not in the habit of breaking sealed letters addressed to Mr. Livingstone? A. Not but by his desire—I opened a letter in his presence by his desire, and answered that same letter to the gentleman—I never was applied to for any keys of Mr. Livingstone's, which had been lost—I never had any keys—I had that bond in my possession which I was charged with having taken—Mr. Livingstone gave it me to take down to the Rev. Mr. Donald, at St. Alban's—I did not take it out of the scrutoire—Mr. Living-stone gave it me, and I brought it to him again—I took it for the purpose of obtaining some money on it, but I did not obtain it—I handed it back to Mr. Livingstone again, and after that Mr. Colville had it in his possession at the Court of Chancery—Mr. Colville told me himself that he got it from the hands of Mr. Livingstone, and the deed too—I never was ordered by Mr. Livingstone to leave the house—to the last moment he solicited me to remain, in the presence of Trigg—I had not been living upon Mr. Livingstone for above ten years—I was living on my own means, which he obtained upon my papers—he was not in a condition to lend me money but on my papers—I might write to him in 1835 to get money of him—I was then seeking to get money on our papers.
Q. Look at these receipts for money you have had from Captain Livingstone—A. I am aware of them all, Sir—they are all fictitious—I was made to sign and do anything—these letters are my signature—I acknowledge them all.
MR. DOANE. Have you ever been charged before a Magistrate with taking these things? A. No—the books referred to in this agreement are in the charge of Mr. Amory—I never lived improperly with Captain Livingstone—my daughter and sons were living there—Mr. Amory has visited me there, and Mrs. Coles was with me in the house—Captain Livingstone stood godfather to my youngest daughter—the Captain was always in difficulties of a pecuniary nature—he had but 40l. a-year to live on—the object of my going to live there was to take care of these documents—the money I had was for the purpose of keeping the house.
FREDERICK JAMES CLARK . On the llth of Oct., in consequence of a message, I went to Pelham-place—some servant let me in, and I saw Charles Davis—I told him I had come down to take instructions to sell the furniture by auction, having understood he was the sole representative of Captain Livingstone—he asked me how long it would take—I said about ten days or
a fortnight—he replied that he had many things to pay, he had no money to pay them with, and he wished it to take place sooner—he said, was it out of order for me to buy the things?—I said, "Certainly not; I can buy them if you please; but it I buy them I shall have to remove them to London to sell, by which there will be a loss of, at least, thirty per cent, and it would be better they should be sold on the premises;" but he nrged they should be sold—I went home and made a valuation of the property, and offered him 72l.—he accepted it—this document was signed between us—in consequence of that, I sent a van and took the things on the 11th—I took them to my premises, after paying the rent and tuxes—I gave my clerk cash and a blank cheque to pay it.
Cross-examined by MR. CLARKSON. Q. It was by direction of Charles Davis that you paid the rent and taxes? A. I cannot speak for certainty—I was not there—I think Charles Davis received about 50l.—there were no directions to keep it secret—I sent my van about three o'clock in the afternoon, and it was got away about six—(agreement read)—"I agree to take 72l. for the furniture as above described, and hereby authorise you to remove the same.—CHARLES DAVIS."
SARAH ATLEY . I am the wife of Joel Ayley, of Prospect-place, Old Brompton. Charles Davis took a room in my house on the 11th of Oct.—he said it was to remove some goods to, which had been left to him by a gentleman—some goods came that day—I saw a female there—I cannot speak to her—next morning I saw Charles Davis there again, and some other man—there was a cart there, and one chair; a feather-bed, and a lot of papers, were brought—theroom was full—I did not see the cart go away.
JAMES SKELTON (police-sergeant B 4.) I know the prisoners—I saw the property removed from Captain Livingstone's house on the 11th of Oct.—I took the name and number of the van—I went to Prospect-place on the 13th with Mrs. Cook, and she identified the property in a room there—I have every reason to believe it was the property I had seen removed—after that I took Charles Davis into custody—I told him it was for stealing a quantity of papers, books, and furniture—he said he supposed Mrs. Cook had done this—I said she had—he said, unless she gave him 1000l., he would not give her the papers up, and that the late captain had given him every thing in the house, and he had got witnesses to prove it—I took Trigg, and she made the same statement about the papers, and that she had witnesses to prove that the things were given to Charles.
MORRIS MULCAHAY (policeman.) I know where Captain Livingstone lived—on the day after he died I rang at the bell, and saw Charles Davis—I asked if Captain Livingstone was dead—he said, "Yes, he died yesterday"—I asked if Mr. Colville had been acquainted with it—he said, yes, there had been a gentleman at the house yesterday, and he expected two that day, at he was waiting for orders.
JOHN WILLIAM NICHOLL . I officiated as clerk to the Magistrate when the prisoners were examined—I took down what Charles Davis said—(read)—"Charles Davis says, 'I do not mean to tell where the deeds and papers are.' "
MR. CLARKSON called
----WOLF. I am articled clerk to Mr. Flower, the attorney. I delivered to the solicitor for the Ordnance, two boxes of papers, which I obtained from Charles Davis—I have done all in my power to get all
the papers from Charles Davis that be possessed—I have a letter from the solicitor acknowledging the receipt of it.
MR. DOANE. Q. You were before the Magistrate on this case? A. Yes—I remember Mr. Steele being there—there was something said about the property, I do not know what.
JAMES M'CABE , tailor, Pond-place, Chelsea. I am brother-in-law to Charles Davis—in consequence of applications made by him to me, I went to Captain Livingstone's house, three weeks before his death, to assist him in and out of bed—I slept on the premises—he died on the 2nd of Oct.—Charles Davis and Trigg were there—I went into Captain Livingstone's room on several occasions—on Saturday evening, about the 30th of Sept., three days before the captain died, there was a ring at the bell—my wife, Charles Davis, Trigg, and I, went into the room—the captain was in bed—he said he wished to give the keys to Charles, and he was to take possession of every thing—he said, "Charles, I give these keys to you; you are to keep them, and take possession of every thing; be sure and keep Mrs. Cook out"—Charles said he was very much obliged—the captain said he had been a good servant to him the time he had been with him, and he should make him all the recompence he could—about three o'clock, on the following day, the bell rang—I and my wife went up—the captain said he wished to leave these things in writing to Charles, and called to Trigg for a pen, ink, and paper—they were brought, and he endeavoured to write, but was not able—he was up—he said he was sorry to think he was not capable of writing, and Charles said, "Never mind, captain, I am much obliged to you for what you have done"—there was only a stroke or two of writing made—I left the room—the captain appeared to know what he was saying and doing, but he was very infirm.
MR. DOANE. Q. Your wife is here, I suppose? A. Yes—I had only known the captain three weeks previous to his death—my wife was engaged as nurse to him by Trigg—I am not able to say how long Charles Davis had lived with him—I do not know where he lived before he went there—I had no association with him previous to that—I cannot tell where he was seven weeks before the captain died, nor eight months, nor twelve months—the captain rang the bell for me to go up—he told me so—Charles Davis was in the bed-room—it was about six o'clock on Saturday night—I had had my tea down in the kitchen—I cannot say what time I had tea—when the bell rang my wife and I were in the kitchen—I went up first and my wife followed—we went into the captain's bed-room and found Davis and Trigg there by the side of the bed—the captain was in bed—I went into the room first—the captain spoke first—the moment we got in the room he said, "I wish to give Charles every thing"—I will not swear that that was the first thing; it was, to the best of my knowledge—Charles said, "I am very much obliged to you"—I cannot say who was the next to speak—I never was at a death-bed before—I was not there all the time—I went down stairs after the captain had said that—that was all that transpired before I left the room—I left Charles Davis, Trigg, and my wife in the room—I did not go in the room again that night—I went into the kitchen and the other three came down in about half an hour—I do not know the time—they came down together—we had no conversation about what took place—Charles said he was very much obliged to the captain, he thought he was very kind—I went out into the yard for a little walk—I slept in the house and was there entirely—I came back into the kitchen from the yard—I saw Charles Davis, Trigg and my wife—I had no conversation about this matter—about three on Sunday the bell rang—we were all down in the kitchen—Charles Davis or Trigg generally answered the bell—Trigg went up on that occasion—we all followed, because we thought there was something
amiss with the captain—I said I thought the captain must have tumbled out of bed—I, and my wife, and Charles Davis went up together—I went into the bed-room and found Trigg there by the captain's bed—the captain said he wished to get up and go down stairs—Charles said he thought he was not capable of going down, it would be too much fatigue—we then took him out of bed, assisted in dressing him, and set him on a chair—he said, "Charles, I want to write this down in writing," and he asked Trigg for a pen and ink—she fetched it—he was not capable of writing—he said, "I am very sorry to think I am not capable of writing"—Charles said, "Never mind, captain, I am very much obliged to you all the same"—there was a table and inkstand brought before him—that was all—we got the captain in bed, and all four of us assisted in undressing him—I should think the whole of this took about two hours, and then we all came down stairs into the kitchen—I left my wife there—I went down by myself to the kitchen, and left my wife and the other two—I should think they remained with the captain about half an hour, and then they all three came down—it was before our tea time—I believe the captain had some barley tea given him—there was no further conversation than what I have told you—I was not there all the time on Sunday—I was not present at any other conversation on the Sunday—I did not see any thing more of the captain alive—I work for myself—I have made clothes for Mr. Coley, who lives at Old Brompton—I cannot say exactly whereabouts—I am not able to say what I made for him last I was at work for him last Wednesday or Thursday—I did not take it home—I am not able to say who did—I made a pair of trowsers—I made them at Mr. Coley's house at Brompton—I do not know where—I have worked for Mr. Taylor, I made something for him a twelvemonth ago.
MR. CHARNOCK. Q. Are Mr. Taylor and Mr. Coley masters? A. Yes, and I made these things there—I did not know where Charles Davis lived, for I was some distance from him—I saw the keys delivered to him bv Capt. Livingstone—I am not in a fit state to be before any Court—I am afflicted in my side, and have been under the doctor's bands for four or five years—I do not profess to give an account of every word—when Charles Davis came down he said he was much obliged to the captain for what he had done for him.
ANN M'CABE . I am the wife of James M'Cabe. I was in Captain Livingstone's service some time before his death—in the beginning of Sept. Charles Davis and Trigg were there—on Saturday evening, the 30th of Sept., previous to the captains death, there was a ring at the bell—we were down stairs—I went up, and my husband and Charles Davis, to the captain's bed-room—he was in bed in a very weak state—Trigg, Charles Davis, my husband, and I were in the room—the captain said he wished us to come to his bedside—he called to Charles Davis—he went to his bedside—we all went—the captain said, "Charles, come here, I want you"—Charles went—he held the keys up to Charles, and said, "Take these keys, they are yours, the furniture, and every thing in the house is yours; take possession of it, and keep Mrs. Cook out"—I am certain, as near as I can recollect, that these were the words used—Charles said, "Thank you, I am much obliged to you"—he took the keys, and put them into his pocket—we shortly after all went down but Trigg, who remained with the captain—when we got down Charles said he was very much obliged to him, the captain always promised to be kind to him for his kindness to him, and the captain had often repeated to me before this that he should be kind to Charles, because Charles had been kind to him I afterwards saw the keys in Charles's possession down stairs—he continued to have
possession of them till after the captain died—on Sunday afternoon Trigg rang the bell—I went up to see what was wanted—she said the captain wished to get up and be dressed—my husband and I went up—Charles came up afterwards when we rang for him—(I am giving an account to the best of my recollection)—we all assisted to dress the captain, and he walked into the next room with our assistance—he came back into the room, and wished Trigg to fetch him a pen, ink, and paper—she fetched it from the parlour—the captain wished to hate put down what he left to Charles—he tried to write, but was not able—he said, "Charles, I am not able to write now, but never mind, it will be all right"—he did not appear capable of writing—Charles took the pen out of his hand, and said, "Never mind, captain, you are not able"—we then all assisted to undress him, and persuaded him to go to bed, he seemed so much worse.
COURT. Q. Where was the pen and ink brought to? A. To the table in the front bed-room, where the captain slept—he did not say any thing about Mrs. Cook, except on the Monday evening before his death, when there was a loud noise, of knocking at the door—the captain got out of bed and locked himself in.
Cross-examined by MR. DOANE. Q. You are sister to Charles Davis? A. Yes—I believe he was living in Camden-square before he went to live with the captain—I am not aware where he lived—I had not seen him for two or three months—before he went to live there he came to me—he was working as a mason for some one in Erompton-fields—he went to work at a mason's about seven or eight months before the captain's death—I will not swear he was in the captain's service seven weeks before his death—I was not there—he was there three weeks while I was there—it was the captain's wish some one should be there, and Trigg sent forme—I had not known her—I do not know whether she uas acquainted with Charles—she was taken into custody at my husband's house—I was not examined before the Magistrate—I was not able to go—I have no doubt I saw the captain with the keys on Saturday evening—we were all four present—Charles had the keys in his hand when he came down into the kitchen—Trigg remained with the captain all the time—I and my husband and Charles Davis came down into the kitchen between six and seven o'clock—I did not part company with my husband from the time of my being in the captain's room till we came down into the kitchen—my husband went out about an hour after—I do not know where he went to—Trigg let him out at the front door—I remember his coming in—Trigg let him in—I think he returned about eleven o'clock—he left me in the kitchen when he went out—I never lost sight of him from the time we were in the bed-room till he left to go out—we had our tea on Saturday evening after we came down, about seven o'clock—we all drank tea together—that was what my husband waited for—on Sunday afternoon my husband, Charles, and I were in the next room to the captain's—Trigg went into his room first—she came in, and said she wished me to come in and assist the captain up—we had been in that room the whole day—we lit a fire there early in the morning—we all three of us went from that back bed-room into the captain's—I or my husband did not make any remark about any accident happening to the captain—I helped the captain out of bed—he said he should like to be got up and go down stairs—he was got up, and we assisted him into the back bed-room—he remained there a few minutes.
Johannah Bradshaw, wife of a publican, Leader-street, Chelsea, gave Trigg a good character. Samuel Sandall, undertaker, Mount-street, Grosvenor-square; Charles Warman, domestic in the House of Commons: Richard
Davis, silk dyer; John Chapel, smith, Leader-street; James Dixon, plasterer, Pond-terrace; gave Charles and George Davis good characters.
GEORGE DAVIS— NOT GUILTY .
CHARLES DAVIS— GUILTY . Aged 21.
ELIZA TRIGG— GUILTY . Aged 23.
Transported for seven Years.
Sixth Jury, before Edward Bullock, Esq.
GUILTY . Aged 14.— Confined One Week.
WILLIAM WADGE . I am an engineer, and live in Long-acre. On the 11th of Dec., at twelve o'clock at night, I was in St. James's Park—this prisoner asked me for some gift—I aid I had no money—she still kept hold of my arm—about half a dozen policemen met us, and she quitted my arm, went some distance, then came and took my arm again—I said I wanted nothing to do with her—she left me, and at the instant I felt a sudden jeck at my left-hand pocket—I found it was turned inside out—I had 6s. 6d. loose in it—I caught hold of her—she said, "Let me go—I said, "No, you don't go any further; you have robbed me"—I seized her two wrists—there were some females near; she need some slang language, they came up, and she tried to pass the money from her hands to theirs, but could not, and it fell on the ground—I picked it up at her feet.
WILLIAM CLARKE (police-constable A 117) About half-past twelve o'clock that night I was on duty in St. James's Park—I saw the prisoner and the prosecutor struggling—he said she had robbed him—I took her—I saw 6s. 6d. lying at her feet—the prosecutor's pocket was turned inside out
GUILTY . Aged 27.— Confined Four Months.
FRANCIS BURDETT NORBURY . I live In Wentworth-place, Mile-end-road, and am a linen-draper. Last Saturday night I was serving a customer—I heard a noise and whispering at the door—I went to the door, and saw both the prisoners walking close together about four yards from the door—I can swear to Fitzgerald, but did not see Green's face—I followed him, and did not lose sight of him—he was thrusting these stockings into his pocket—they had been hanging about two feet inside my shop door—I called to Green, and said, "Young fellow"—he ran off—I ran, and caught him about 300 yards off—he said, "What are you taking me for? I have done nothing"—I felt his pockets, and found nothing there—an officer came and took him—I returned towards my shop, met the prisoner Fitzgerald, and gave her in charge—I had three pairs of stockings delivered to me—I did not see them picked up—here is my own ticket on some of them.
GEORGE BRAILLIE . I am between twelve and thirteen years old, and am employed by the toll collector. I was passing Mr. Norbury's shop, and saw Fitzgerald and another girl standing outside the shop—Fitzgerald had a yellow handkerchief on—some one kicked her, and that enabled me to see her person—I then saw Green come from the prosecutor's shop, and run away—Mr. Norbury ran after him—I saw Green drop something by a barrow—a gentleman picked it up, and gave it to Mr. Norbury.
FREDERICK ISAAC GOLD . I am a baker, and live next door to Mr. Norbury—I heard him call out, "Halloo, young fellow"—I saw a man run—he dropped some stockings—I picked them up and gave them to Mr. Norbury's servant.
GEORGE WEBSTER (policeman.) I heard a cry of "Stop thief"—I went up and found Green in custody of Mr. Norbury—he said, "What have I done? all this is because I ran away"—he showed a great deal of resistance, and tried to get away—two other constable assisted me, and we took Fitzgerald—I have one pair of stockings which I got from Woods.
ROBERT EDWARDS (policeman.) I saw Green in custody near the end of Mile End-road—I took Fitzgerald—she said she had done nothing—I got a pair of stockings from Charles Talmedge, and another pair from Mr. Smith, in Dyer's yard.
CHARLES TALMEDGE . I am a shoemaker. Last Saturday night I heard a cry of "Stop thief," and saw the two prisoners in custody—I saw a pair of stockings on the pavement close behind Fitzgerald—I took them up and gave them to the officer.
Green. I was coming home; I was running, and the gentleman took me; I saw no stockings; I was drunk.
Fitzgerald. I know nothing of it; I was standing there; the man said I looked like one of the girls that was at the window.
GREEN— GUILTY .* Aged 23.— Confined One Month.
FITZGERALD— NOT GUILTY ,
HANNAH DOBSON . I am the wife of Henry Dobson, of Hammersmith—the prisoner was his journeyman—on Tuesday morning, the 5th of Dec, at a little after eight o'clock, we found the prisoner and another man who was in our employ intoxicated—I went to the prisoner's bed room, and found a pint of rum in a bottle in a rat-trap, covered with the prisoner's clothes and some sacks—I took it down and showed it to my husband—I went into the cellar where I bad a four gallon cask of rum—it was removed out of its place—I had seen it safe about a fortnight before—the prisoner was given Into custody.
Cross-examined by MR. BALLANTINE. Q. You were not able to say that it was the same rum as that in the cask? A. I was not; but competent judges have decided it was the same rum—another man had access to the room where I found this bottle, but he does not live in it—my servant can go to that room—I never charged her with taking any rum.
CAROLINE FORD . I am servant to Mr. Dobson—on the 4th of Dec. I was making the prisoner's bed between eleven and twelve o'clock, and saw an empty bottle on the chimney piece—I moved it, and noticed it particularly—the same afternoon, between four and five o'clock, I saw the prisoner go down stairs with a jug in his hand—he said, "I am going to get a little rum, and do not you say any thing"—he said the door was open and his master was gone out—I saw him go back to his own room with the jug.
Cross-examined. Q. You did not take any of the rum? A. No—I did not see him drink any part of it—I was not in his room.
GUILTY . Aged 31.— Confined One Month.
360. THOMAS LEWIS, CHARLES SELLERS , and SAMUEL HOPLEY , were indicted for stealing 24 hinges, value 6s., and 24 plane-irons, 1l. 4s.; the goods of Robert Wallis.—2nd COUNT, stating them to be the goods of William Nicholls.
PATRICK FINNIGAN (police-sergeant K 21.) On Monday night, the 4th of Dec., a little before ten o'clock, 1 was looking through a first-floor window, and saw the three prisoners coming across Stepney-churchyard—when they came to the turnstile they looked round, and went in the direction of the bonehouse, in the churchyard—when they got there one of them stooped down—they were talking, and seemed to consult each other—they then returned to the turnstile—I went and met Lewis—the other two were coming through, but they were not within hearing—I opened Lewis's jacket, and found ten iron hinges—when Sellers came up, I searched, and found under his jacket ten new hinges—they appeared to me to be the same sort as the others—I asked where he got them, and Lewis made answer, "We picked them up in the churchyard;"—I found on Hopley two hinges and a brass rosette—I asked where he got them—Lewiss again said, "We have not stolen them; we picked them up in the churchyard"—I took them all to the station—I then went back to near the bonehouse, where I had seen them—I found a nail-bag there, and I saw a mark in the gratt near the wall, as if something had been concealed there—it was such a mark at would be made by tools in a bag.
THOMAS WALLIS . I live with my father, Robert Wallis, a boat-builder—he has premises in Horseferry-road, near Stepney-churchyard—a timber merchant asked my father to take care of a chest of ironmongery goods—the chest was put in the further end of my father's boatshed—the chest was not locked—there were hinges in it, but I cannot say how many—at near at I can tell, from two to three dozen, and a great number of plane-irons—I cannot tell how many—they were missed on the 4th of Dec—I had seen hinges in the chest similar to those produced, and missed about two doten from the chest—I have occasionally employed Sellers, and once employed Hopley.
Lewis. We were coming through the churchyard, and saw two papers;—they turned out to be hinges.
LEWIS— GUILTY . Aged 20.
SELLERS— GUILTY . Aged 18.
Confined Three Months.
HOPLEY*— GUILTY . Aged 18.— Confined Twelve Months.
CHARLES BRUFORD . I am a cabinet-maker, and live in Wellclose-square—this plank of mahogany is mine—I saw it in my front yard, between seven and eight o'clock in the evening, on the 2nd of Dec, and in about an hour I missed it—on the 7th of Dec. I saw it again at the station—I know the prisoner by sight.
JOSEPH SAYER . I am a cabinet-maker—the prisoner used to work for me—on Saturday night, the 2nd of December, between nine and ten o'clock, I saw him with this plank of mahogany—he told me he had bought it of some carpenter, and asked me to buy it—I said I could not, unless I could have satisfaction as to where he got it—he gave me this paper, which purports to be a pass from the ship Magic, lying in the docks—he said he had the wood from tome ship carpenter—(read)—"From the ship Magic:—Admit the bearer to pass from the ship Magic; one plank, 3 bags.—WILLIAM TOWNSEND."
was brought to the station—I received this plank, and Sayer gave me this paper.
Prisoner. The man told me he was carpenter of a ship, and he would meet me at a coffee-shop on the Sunday morning. He said he did not want to sell it particularly, and if he did not, he would have a chest made of it.
GUILTY . Aged 23.— Confined Two Months.
THEOPHILUS CLARKE . I live in Clerkenwell. Between four and five o'clock yesterday afternoon, I saw the prisoner pull down, from the lobby of my door, this comforter—this piece of print hung on the rail of the doorway—she had got it up—I laid hold of her, and she dropped it.
Prisoner. I had it in my hand, but I never attempted to go away. Witness. I know you did not, but you had got hold of the print.
COURT. Q. What was she doing with the comforter? A. She put it round her neck—she told me afterwards that she did it because she was in distress.
CHARLES BROADERBRIDGE (police-constable G 86.) I took the prisoner—she said she was destitute, and in want of food.
Prisoner's Defence. I was standing at the door, looking at the print, and the witness came, and said I wanted to steal it; I had no intention of stealing.
GUILTY . Aged 35.—Recommended to mercy.— Confined One Week.
PRISCILLA LUPTON . I am a widow, and keep a shop in Cross-street, West-moreland-place, City-road. About a quarter before four o'clock on the lst of Dec., I was sitting in my parlour, at the back of my shop—I saw the prisoner in the shop—I got up to serve him, and saw him leaning over the counter, with his hand in the till—I screamed—he took his hand out, dropped eight farthings on the counter, and ran out—he never spoke a word—(there was more money in the till)—I ran out, and cried, "Stop thief"—he was taken by my neighbour—I went back to my shop, and picked up the eight farthings—I went to my till, and missed about eight farthings from it—I had seen my money safe not five minutes before—the prisoner was brought back to my shop—I am certain be is the person.
WILLIAM SILVAY . I was in Britannia-street, where I live—I heard the cry of, "Stop thief," and saw the prisoner run past me—I ran and caught him—he asked what I wanted him for, and said he had done nothing—a mob collected, and the people said, "We had better take him back to the shop"—he was taken back, and Mrs. Lupton identified him.
Prisoner. I was standing at the corner of the City-road. Witness. No, you was running as fast as you could—it was as much as I could do to catch you.
Prisoner's Defence. I was going to meet a young man; I was walking with my hands in my pocket, and the witness stopped me.
GUILTY . Aged 21.— Transported for Seven Years.
MR. CLARKSON conducted the Prosecution.
JAMES BRADLEY . I am clerk to the London and Birmingham Railway Company. On the 18th of Nov. I was on duty there—Thorogood was one of the porters to carry out parcels, and was employed by Horne and Chaplin—these are the way-bills from Lancaster and Darlington, of the 18th of Nov.—they mention three parcels directed to the storekeeper of the Excise—two parcels from Lancaster, and one from Darlington—the sums to be paid for them, were 6s., 8s., and 3s. 10d.—there are no such sums as 17s. 10d., 8s. 10d., or 5s. 10d.;—it was my duty to make out the tickets in conformity to these items in the waybill—I made out those tickets on the 18th of Nov.—no other person had any authority to make out tickets by that train that day, except myself—here is the waybill from Lancaster, of the 23rd of Nov.—it contains two parcels for the storekeeper of the Excise—the amount chargable on them, being 8s. 6d., and 9s. 8d.—on the 24th of Nov. I made out the tickets conformably to this waybill—those tickets—(looking at them)—for 8s. 10d., 17s. 10d., 5s. 10d., and 7s. 6d., were not issued from our office on the 18th of Nov., and these two for 17s. 10d. each, were not delitered by anybody at our office on the 24th.
JOHN COOPER . I am a clerk to the London and Birmingham Railway Company, at Euston-square. In the way-bill of the parcels from Birmingham, on the 17th of Nov., there is one parcel for the store-keeper of the Excise—it was my duty to check that way-bill with, the parcels, and that parcel was right—the amount of it was 5s. 1d.—the parcels come, up from Birmingham with the tickets on them—the clerk makes them out there—they come up on the parcels and the amount is on the bill—they are called out by the porter and I check them—in the usual course of business this parcel would be delivered to Thorogood the potter, to take to the Excise on the following day.
Cross-examined by MR. PAYNS. Q. What have the prisoners to do with this way-bill? A. It never goes into their possession—a their goes with the parcel.
HENRY RUTTER . I am clerk in the store-office at the Excise-office in Broad-street. On the 18th of Nov. I was there on duty—Bugden delivered four parcels to me—he delivered me these tickets, and I paid the money mentioned on them, 8s. 10d., 17s. 10d., 5s. 10d., and 7s. 6d.—I paid them under the impression that they were the charges from the Birmingham Railway—on the 24th of Nov. I received two parcels, which were delivered by Bugden—these two tickets were with them, which are 17s. 10d. each, and that sum I paid—they were all official parcels, and Her Majesty's money paid for them—here is the signature of John Smith in this book—I did not sign it, and it is net the signature of any person, belonging to our office—we have no such person in the office.
Cross-examined by MR. CHARNOCK. Q. How do you know that this was Her Majesty's money? A. Because I am entrusted by the store-keeper, William Johnson, with certain sums to pay for parcels—the carts are not kept there any time—it does happen at times, but not often, that they are detained a considerable time before they get access to me—they are detsined till they we paid for—I receive all parcels.
MR. CLARKSON. Q. Have you the honour to serve her Majesty in the
Excise office? A. Yes—Mr. Johnson is my superior—her Majesty's account is charged with these sums—I do nothing in the Excise except the duty of one of her servants—I enter the tickets in a book, which is compared weekly and goes before the Board—these were all official parcels.
JOHN DAWSON . I am parcels-agent at the London and Birmingham Railway at Euston-square. Thorogood was the porter there—Francis was formerly a porter there, employed by Home and Chaplin—he was discharged last January for irregularity in the delivery of parcels—Thorogood knew that, for he succeeded Francis—I do not know Bugden at all—neither he nor Francis had anything to do with delivering parcels in Nov.—there is a positive order against it, which is known to Thorogood—it was Thorogood's duty to deliver the parcels sent to the Excise, and a boy accompanied the cart—Thorogood was bound to enter the amount of the money in a book, and to account for it to me—this is the book—on the 18th of Nov. he paid me for parcels delivered to the Storekeeper of the Excise, 5s. 1d., 3s. 10d., 6s., and 8s.—he did not, on that occason, pay me 8s. 10d., 17s. 10d., 5s. 10d., or 7s. 6d.—if such sums have been received, the person has received 2l. instead of 1l. 2s. 11d. which he paid to me—he did not account to me for the sums on the tickets produced—here is in this book the signature of a person named John Smith—on the 24th of Nov. I received from Thorogood two sums of 8s. 6d. and 9s. 6d. for parcels delivered at the Excise—I did not receive two sums of 17s. 10d.—these two tickets of 17s. 10d. each are tickets coming from the Railway-office, but the figures on them are counterfeits, and that is the case with these other tickets—we received a complaint from the Excise as to charges—I spoke to Thorogood—I said, "Whose signature is this in your book against the Excise parcels of "John Smith?"—he said, "It is the signature of a porter belonging to the Excise"—I said, "There appears some irregularity here, and I think it is all wrong; I do not believe in the existence of such a person in the Excise"—he then said he had employed Francis to deliver these parcels—I said, "If you are innocent of any dishonesty in these transactions in the delivery of these parcels, you will take the course I point out, but if not you will take what course you please; it is this, that you will allow Francis, or any person you have employed, to deliver these parcels still; if not, do as you like"—on the 25th I again spoke to Thorogood—perceiving the signature of H. Rurtter against the Excise parcels, I said, "How is it that you have now a genuine signature against the Excise parcels?—I told you to employ Francis as usual"—he said Francis did not meet him as he had done before, and therefore he delivered them himself—it was his duty to keep this book himself entirely—he had no authority to part with it to anybody—it would be a breach of his duty to do so—on the 26th I sent for Francis, and said, "What do you know about these Excise parcels?"—he said, "I have usually met Thorogood in Falcon-square, where he has always handed me the Excise parcels; I have sometimes delivered them, and sometimes employed a man named Bugden to do it"—I said, "On Friday what did you do?"—he said "I met Thorogood in Falcon-square, and received two parcels from him; and I met Bugden, and delivered them to him, who returned shortly after with the money and gave it to Thorogood, and in hit presence signed the book J. Smith"—he stated that the genuine tickets, or the right tickets, had been torn up by Thorogood; and the fresh ones supplied by him to Francis's parcels.
Cross-examined by MR. CHARNOCK. Q. How long have you known Thorogood? A. I think two years or more—he has a great deal of money passing through his hands for parcels, 5l. or 6l. a-day—he should always pay it daily—the amounts put down in this book correspond with the amounts on
the tickets we give, and the turns of money from day to day were accurately accounted for to me—the book, as far as Home and Co. are concerned, is perfectly accurate—these tickets, belonging to the railroad, are only kept in certain places—Francis was dismissed from our employ, as by an irregularity a parcel was lost, but he was not proceeded against—his conduct was notoriously bad, and he was discharged, and this was well known to all the porters—the loss was 12, 000l.—Thorogood was not present at the conversation I had with Francis—Thorogood told me that if anything was wrong he had derived no benefit from it—his book bears signatures which are not genuine—I have shown them to the authorities of the Excise.
JAMES CLARK . I was in the habit of accompanying Thorogood with the cart from the 19th to the 27th of Nov.—generally, before the cart arrived at Falcon-square, he sent me from the cart—on Friday morning, the 24th of Nov. I left Thorogood in Falcon-square, to go to deliver a parcel to Martin, in Gutter-lane; another to Neville, in Foster-lane; and another in Cheapside, sad I was to wait in Cheapside for Thorogood.
Cross-examined by MR. CHARNOCK. Q. Were you not sent to various parts to deliver parcels? A. Yes—the object of my going with the cart is, that Thorogood may remain with it while I deliver parcels.
(Francis and Thorogood received good characters.)
FRANCIS— GUILTY . Aged 28.— Confined Twelve Months.
THOROGOOD— GUILTY . Aged 22.—Recommended to mercy by the Jury.—;
Confined Six Months.
BUGDEN— NOT GUILTY .
GUILTY .— Entered into their recognizances to keep the peace.
Before Mr. Justice Alderson.
MR. CLARKSON conducted the Prosecution.
THOMAS BLOGDEN , coal and corn porter, Effingham-place, Deptford. At the time in question I lived in Giffin-street. On Monday, the 14th of Nov., I came home for good about twelve o'clock—I had been drinking, but was not tipsy—the prisoner, who is my wife, had been out, and returned with me—I found my two children at home—my eldest is about ten years old, the other about five—when we got home I told my wife to shut the street door, which she did—I went up stairs, and she followed me—I sat down in a chair, and said, "Where is the candle?"—she said, "We have not got one"—I said, "Why don't you get one?"—she said, "Why not get one yourself?" using a bad expression—I asked her if I was to have any peace here—she said not—I said, "If I am not to have any peace here, I will go to one of master's barges at the Mill"—I went towards the door, which was open—she shut it in my face, and prevented my going out—I returned from the door, and laid down—she then opened the door, and began to abuse me again—I went to the door, and she shut it again—I went from the door to the window, opened it, and was looking out, because I would not hear her abusive talk, and said I would not answer her any more, or listen to her abuse—while leaning out of window, she came behind me, took hold of my legs and threw me out—she said nothing at the time—I lost my senses—I came to next day,
and found myself in bed in my own room—I was confined to my bed six or seven days, and was in-doors, I think, eleven days.
Cross-examined by MR. HORRY. Q. This all took place in the dark? A. There it a gas-light at the corner of the street, which throws a very little light into the room—when I am in bed, I can see there is a light—I had had several drops of beer, but was not tipsy—I had been drinking with my wife—I was not in company with other persons drinking all the evening—I was at the Oxford Anns with her about seven or eight o'clock—there were a great many persons—I left there, and we went down to my wife's brother, and remained till twelve o'clock—we drank there—a number of as were making very merry—I did not drink a great deal—I cannot say how much—I had no gin, only beer—I suppose altogether I might drink two pots—the prisoner drank—I did not see that she was forward in liquor—I had something in my handkerchief to eat after I got home, but I did not eat it—I had no fire—I wanted a fire to cook it with—I did not ask her to make a fire, nor did she say I could not have one at that late hour—I wanted to go out again, because I could have no peace there—she did not ask me not to go out at that time of night—I did not try to open the door—I did not go to the window and say, if I could not get out one way I would another, nor anything of the sort—I said, "Well, if you won't let me go out that way, I know how I can get out, "and went to the window, and threw it open—I heard the door open, and as soon as I did so, I fell out—she crossed the room and threw me out—she said the children wanted tome victuals, and complained of my not finding them any—I did not then want the victuals cooked, nor did she say, "No"—it was in the evening that the mentioned to me about the children wanting victuals—I did not give them any—I had no work nor any money till afterwards, when I borrowed the money, with which I bought the victuals I had in my handkerchief—she was admitted to bail on the first occasion—the second hearing was a fortnight afterwards—I did not go to her, and ask her to come and live with me again—she has been living with me since that time—she come and opened the door—I refused to let her, but the stopped for a fortnight.
THOMAS BLOGDEN . I am ten years old, and am the prosecutor's son. I was in bed with my little brother when he and my mother came home—I heard them quarrelling—mother began making bad words—I do not know what about—my talker was at a wedding, and came borne about one o'clock—mother stood with the door in her hand, and began making wicked words—I saw her catch hold of my father's legs and throw him out of window—I am sure I saw her take hold of hit legs—he was looking out of window, and said, "I will have nothing at all to say to you, I do not want to make a disturbance"—mother crossed over the room, took hold of his legs, and chucked him out—she then ran down stairs, clapped her hands together, and said, "Oh dear, he hat fallen out of window"—I am quite sure he did not fall out—he was chucked out—I saw that distinctly—she did not cry.
Cross-examined. Q. Were you asleep when your father came in? A. No—I went to bed about nine o'clock—mother came home, left father at the wedding, put me to bed, and then went out again—there was no candle or fire in the room—there is a gas-light opposite—my bed is down under the window—my father did not get on my bed—there are two windows—he was looking out of the other—I was lying down—mother got into the passage and shut the door—father tried to go out—she shut the door in hit face, and said he should not go out again—he was quite sober—he tried to go out at the door, but could not—I did not hear him say, if he could not get out at the door, he would get out somewhere else—he went to the window and opened it, as mother was just opening the door—nobody came in at the door
at the time, he went to the window—there was nobody in the room but mother, me and my brother—I did not hear my father ask for a fire—Mrs. Wright told me, if I said anything against my mother, she would cut my tongue out—I did not tell her that my father was going to give me a beating my father and I have not talked about this—he told me to say nothing but the truth.
MR. CLARKSON. Q. What part of the room was your mother in at the time your father went out of the window? A. She caught hold of his legs, and chuked him out—he was brought into the room again in about a quarter of an hour, by James Digby—mother was not crying at that time.
JAMES DIGBY . I lived in the same house as these people—they occupy the middle front room, on the first floor—I lived in the bottom room, the front kitchen—I have to come up stairs to get to the street—Mrs. wright lives over my head, and Blogden over her—the window out of which he was thrown is from twelve to thirteen feet from the ground, and there is a stone-pavement underneath it—I was at home, and in bed on the 14th of Nov., and heard something fall—I got up, and heard the little boy call out, "My mother has chucked my father out of window"—I immediately jumped up, opened the door, and there laid the man on the pavement on his back under the window, he had no sense when I spoke to him—Dr. Arthur was sent for, and I afterwards held the candle while he set his hip bone.
Cross-examined. Q. Did you see the window-sill afterwards? A. Yes, I saw no dirt or mud outside it—I went up stairs directly—I did not look at in next morning.
JOSEPH ARTHUR , M. D., Deptford. I was sent for, and found the prosecutor in bed—his left hip was dislocated—there was no further serious injury—I set it, and attended him afterwards—in my judgment a dislocated hip is dangerous to life—tetanus may occur, and it may be impossible to reduce it—this dislocation was not dangerous to life—had it been left unreduced till morning, and a spasm of the muscles taken place, it might have been dangerous—it might have produced death, if I had not reduced it, if it had been have been dangerous to life—with ordinary care I do not think it would—death has arisen in such cases under the most experienced surgeons.
Cross-examined. Q. Have there not been cases in medical books, where dislocation has not been reduced, and the party remains lame, but otherwise in good health? A. Yes—if this dislocation had not been reduced lameness might be formed, and life not be affected—as far as I could see, the prosecutor had been drunk—if a person got out of window, and dropped on one foot more than another, that would be likely to produce dislocation—I conclude that he fell on his knee—the prisoner called me, and told me that her husband had fallen out of window—she appeared perfectly sober.
JESSE SEYMOUR (police-constable R 171.) I was on duty in Church-street, Deptford, on the morning of the 1st of Nov. I went to Griffin-street, and saw the prosecutor lying in the passage—he was taken up stairs to his me to take her in charge, and said it was her had thrown him out of window—she denied it, and said she was standing in the passage, against the door, when he fell out—the window is between twelve and thirteen feet from the ground—the pavement below is stones.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 32.— Confined One Year.
Before Mr. Common Sergeant.
GUILTY . Aged 14.— Confined Six Months.
Prisoner's Defence. I did not know what I was about; I had a fracture in my head.
GUILTY . Aged 38.— Confined Two Months.
369. RICHARD COOPER was indicted for stealing 1 wax figure, value 2l.; 1 chain, 1l.; 1 cloak, 2l.; 1 wince, 1l.; 1 pair of stockings, 3s.; 1 pair of shoes, 3s.; 1 cap, 2s.; 3 feathers, 3s.; 2 ornaments for the head, 17s.; 2 neck-chains, 10s.; 1 cross, 15s.; and 5 buckles, 16s.; the goods of Henry Hope and others.—2nd COUNT, stating them to be the goods of the Commissioners of Greenwich Hospital.
MR. HORRY conducted the Prosecution.
SAMUEL PARSONS , Greenwich pensioner. On Friday, the 8th of Dec., I was acting as boatswain in the Painted Hall, at Greenwich—it is open on Mondays and Fridays to the public—there is a part called the Upper Hall, where the public are not admitted—on Friday the prisoner came in, and passed me—some time after I heard a noise in the upper part of the hall—Ashford was with me—I sent him to the Upper Hall—he came back and spoke to me—we both went to the Upper Hall, and saw the prisoner tearing up the fragments of the robes of a wax figure of the Prince of Wales—there had been a fancy fair there, and this figure was one of the articles for sale—I asked what business he had in there, and who gave him leave—he said he was looking after some papers belonging to James Harrison in a tea-pot—I collared him, and took him into the saloon—he was given in charge—the figure was in a box—it had these chains and ornaments about it, but when I got up to the prisoner they were in his pocket—I did not examine them.
MATTHEW MILDONEY , Greenwich pensioner. On Tuesday, the 8th of Dec., I was sentry at the Upper Hall gate—the prisoner came boldly up and entered, with a rule in his hand—I permitted him to pass, believing him to be a carpenter—I heard a noise, and thought he was doing his duty—I went in, and saw him near the box.
JAMES ASHPORD . I was acting as mate on that day in the Painted Hall—I heard a noise in the Upper Hall—I went up, and saw the prisoner doing something to the contents of the case—he had something red in his hand, I could not tell what.
BENJAMIN LOVELL (police-sergeant R 15.) I was called to the mainguard, and took the prisoner—I found in his pocket this ring, two chains, a pair of stockings, gloves, and pair of shoes—they all belonged to this figure—I asked where he came from—he said, "From John's-row, St. Luke's"—I asked where he worked—he said, at a coppersmith's, and he was
a blacksmith—I said, "How about the property?"—he said, "They have got some of mine, I have a right to have some of theirs."
Prisoner. You did not see the cloak on me? Witness. No: it was lying about three yards from the case.
EDWARD WEST . I am secretary to the Shipwrecked Fishermen and Mariners' Society. There was a fancy-fair held in the Hospital for that Society in June—Captain Henry Hope is chairman of the Committee of Management—a number of things were sent without our knowing the owners—this figure was sent us—it was not sold but was left in the Painted Hall.
Prisoner's Defence. The box was already broken when I went there, and the figure was out; I was seatching for the papers.
NOT GUILTY .
CAROLINE TRUSBUT . I am the wife of George Trusbut; he has gone to sea—I lodged at the Bee-hive at Woolwich—on Monday evening, the 4th of Dec., the prisoner came to my lodging—I had seen her two or three times—she inquired for me—I told her I was very busy—she asked me to go to her place to sleep—I went to my bed-room—she followed me—I had a light—she blew it out—I got a second and she blew that out—I was leaving the room to get a third, and she was gone—I missed a frock from behind the door—this is my frock.
Prisoner. Q. Do you remember coming to my house to take tea? A. Yes; I did not ask you for a night's lodging, nor give you this gown to wash.
JOSEPH HOLLOWAY (police-constable R 197.) On the night of the 4th of Dec. I went in search of the prisoner—I found her near her own residence with this dress on her arm—I said, "What have you got there?"—she said, "It is mine"—I said, "Let me look at it?"—I said, "Is it yours?" she said, "No; Cary gave it me to wash.
Prisoner's Defence. She gave it me to wash.
NOT GUILTY .
Before Mr. Baron Alderson.
371. JAMES COSGROVE was indicted for feloniously assaulting Thomas Nash, the younger, and cutting and wounding him on his hand, with intent to murder him.—2nd COUNT, stating his intent to be to disable him.—3rd COUNT, to do him some grievous bodily harm.
MR. HORRY conducted the Prosecution.
THOMAS NASH . I live in Amber-place, Queen-street, Chelsea, and am labourer at Mr. Freeman's White-lead Works, at Battersea. The prisoner was a labourer there—on the 30th of Nov., about five, I was in the boiling-room—the prisoner was sitting on the steps of the boiler—I had occasion to go up the steps, and put my hand on the prisoner's shoulder, and said, "Joe, stop my water?"—which is a cant expression through the factory, a nick-name applied to him—he got off his seat and took the fire-shovel, and attempted to srike me with it—I caught hold of it and prevented him—I turned on one side, went up two steps, came down again, as my basket was not there—I stood by the fire—the prisoner still had the shovel in his hand—he raised it
and struck me on the top of my head with it—I fell senseless against the wall—I was taken to a surgeon's—I bled all the way there—I recovered in a few minutes—I went to the doctor's three or four times.
Cross-examined by MR. BALLANTINE. Q. Were not you and other workmen constantly using this expression to the prisoner? A. Yes—I am not aware that he is much irritated at it—I know he received a severe injury on his shoulder about fourteen months ago, and was in the hospital—I did not go up the steps to teaze him.
Q. Did not you, before you fell back, take up a sledge hammer and throw at him? A. I have no recollection of it, but cannot say any thing about it—I do not recollect throwing an earthen pan at him—the shovel laid close to him at the time I spoke to him.
JOSEPH CATTERMOLE . I am warehouseman in Freeman's factory. I was in the boiling-room—Nash had occasion to go up the steps of the boiler—the prisoner was sitting on the steps—as he went up he laid his hand on the prisoner's shoulder, and said, "Joe, stop my water, "which is a cant word the men use to him—the prisoner said, "I will have none of your games with me"—he took up the shovel, attempted to strike Nash, who caught it with his hand, turned it aside, ran up the steps, came down again, and stood by the fire—the prisoner still having the shovel, raised it, and struck him on the head—it was not a very hard blow—one of the men said "Jemmy, you ought to have hit him with your hands"—he then said, "I will pay the b—out."
Cross-examined. Q. Did you see Nash afterwards take up a sledge hammer? A. I did not see him—he walked to the doctor's, leaning on our arms, about ten minutes after the blow—it was before he went to the surgeon's, and after he received the wound, I saw the sledge hammer thrown through the door of the other room towards the prisoner—I cannot say who threw it—Thornton, Langley, and the prosecutor were in that room—I do not know that the prisoner is incapable of holding a heavy weight if he lifts it—he was in a passion.
COURT. Q. He did not say he could not hold the shovel any longer? A. No—Nash was apparently senseless, and bleeding from the head.
THOMAS COCHRANE . I am assistant to Dr. Conner, of Battersea. On the evening of the 30th of Nov. Nash was brought to the surgery—I found a trifling wound on the top of his head, it was a simple incised wound—it had not penetrated the pericardium, but merely divided the skin—it might be made by the edge of this shovel—it did not appear to have been a violent blow—it had not gone to the bone—I saw him again the following morning, and not afterwards—he was perfectly sensible when I saw him.
(The prisoner received a good character.)
GUILTY of an Assault only. Aged 50.— Confined Six Weeks.
MR. PAYNE conducted the Prosecution.
MARY ASHBY . I am the wife of John Ashby, butcher, of Wimbledon. On the 5th of Dec., about eight o'clock in the evening, I was in a parlour adjoining the shop, and saw a man in the act of taking down a piece of meat off a hook about the middle of the shop, just opposite me—I cannot swear what meat it was—it was a long piece—we missed a breast of mutton afterwards, and when I saw the hook vacant, I remembered that there had been a breast of mutton there—I have known the prisoner by sight for six or seven years—it did not strike me at the time that it was him, or any one in particular—I
know it was a person with a jacket—I will not say exactly what sort of one—he went out of the shop very quickly—I said, "Halloo, Mr., what are you doing?"—he made no reply—there is a yard round by the side of our house where there it a dung-cart—I went down at far as a stable.
STEPHEN CASWELL . I look after cows and sheep, and live at Wimbledon. On the 5th of Dec., about eight o'clock in the evening, I was in my father's shed, about 100 yards from Mr. Ashby's—the prisoner ran past me—I spoke to him—he made me no answer—I saw him again two or three minutes afterwards, walking back again—I cannot say whether he had any thing about him either time.
Cross-examined by MR. BALLANTINE. Q. He did not appear to have any meat about him? A. I cannot say that—he had nothing in his hand—I cannot say how he was carrying his hands—he was about four yards from the dung-cart, when he wat running,—he could have gone to it after he passed me—I saw him pass it and then entered the shed—I came out again, and saw him return in a few minutes afterwards—he did not put any thing into the dungcart—I lost tight of the cart during the two or three minutes I was in the shed—it was standing in the middle of the yard, going up towards the shed—it was the prosecutor's dung-cart—the yard it no thoroughfare.
JOHN ASHBY , butcher at Wimbledon. On the night of the 5th of Dec. my wife spoke to me—I went into the shop and missed a breast of mutton—I went to an empty dung-cart in the yard, which is no thoroughfare, and discovered a breast of mutton in the cart—it was the breast which had hung up in the shop—Budd, my servant, found it there before me—I got a policeman, made a mark on the mutton, left it in the cart, and left him to watch—he afterwards brought it to my house with the prisoner.
Cross-examined. Q. Is Budd still in your employment? A. Yes, he gave me information somewhere about eight o'clock—I immediately went to the dung-cart—he had been in my employment about four weeks—he was here to-day, but I wat obliged to send him home.
JOHN PEARCE (police-constable V. 250.) On the night of the 5th of Dec. I went with Mr. Ashby into a yard, and there saw a breast of mutton in a cart—Mr. Ashby marked it—I watched, and about a quarter past ten o'clock the prisoner came out of the Dog and Fox in company with the potman—he turned into the yard, and returned in about three or four minutes—I observed something bulky under hit jacket—I went up to him, turned back the fold of his jacket, and he had this breast of mutton concealed underneath his jacket—it wat marked—I took him to Mr. Ashby.
MR. ASHBY re-examined. This is the mutton I missed.
GUILTY . Aged 27.— Transported for Ten Years.
Before Mr. Recorder.
NOT GUILTY .
Before Mr. Common Sergeant.
GUILTY . Aged 19.— Confined Six Months.
HENRY DREWIN . I am in the service of Mr. John Henderson, of Clapham-road. On the 7th of Dec. I was in the shop—there were some boots outside—I heard them snatched from the door—I ran out, and saw the prisoner—I overtook him with these boots under his arm, in less than two minutes—they are my master's.
Prisoner's Defence. Another man took them, and gave them to me.
GUILTY . Aged 28.— Confined Three Months.
Prisoner. She lent me the things to pledge instead of paying me my wages. Witness. I never lent her any of them.
GUILTY . Aged 56.— Confined Six Months.
(There was another indictment against the prisoner.)
JOHN PRIOR , bottle-merchant, High-street, St. Saviour's. The prisoner was in my service up to 11th of Nov.—he left without notice—I missed some loaf sugar from the cellar when he had gone—I cannot identify it.
Cross-examined by MR. BALLANTINE. Q. What wages did you pay him? A. 2s. a gross for all the bottles he washed—I had sugar for making British champaigne—he was only in my service for washing and collecting bottles—I did not enter into any agreement with him to share the profits—this is my handwriting—there is nothing about 2s. a gross in this paper—(read)—"Agreement between John Prior and William Greenow, that he John Prior should find money, and pay all expenses, and aid and assist in the business. JOHN PRIOR, WILLIAM GREENOW.") I never signed this.
NOT GUILTY .
Prisoner. I bought it of Mr. M'Cleod, of Stock well-brewery.
GUILTY .* Aged 14.— Confined Six Months.
SARAH ALLEN . I am the wife of William Allen, of the Two Brewers, High-street, Wandsworth. On the 21st of Nov. the prisoner came to the bar of my house, and asked for a bed—I lighted him up to bed—he told me he must go in the morning at seven o'clock, on his road to Kingston—there was one
blanket and two sheets on the bed—it was a single-bedded room—at five the next morning I heard some one feeling in the passage, and my husband went to him—it was the prisoner—he said he wanted to go on his road—I said "This is not seven o'clock"—we called our labourer to let him out—he went out at the back gate—I went into the room just after nine—I missed a sheet off the bed he slept in, and a blanket from the next room—both beds were disturbed, and so was the room below, and a gown and waistcoat which had been below, taken up into the bed-room—I did not see him again till the 30th, when he called again, with his hat over his eyes, and asked for a bed again, in a very hurried manner, as if he had mistaken the house—I knew his voice the moment he spoke, but I could not see his face—I told my husband, he went and fetched him back—I then looked at him more particularly—I am quite certain he is the man—he said he had never been to the house before, or put his foot over Vauxhall-bridge—there were only our regular lodgers slept in the house.
Prisoner. Q. Did you lose any other property? A. I do not accuse you of that.
JOHN CRUMP . I am servant to Mr. Allen—I noticed the prisoner when he came into the taproom on the Tuesday evening. About half-past five o'clock the next morning my master called me to get up, and let the prisoner out—I let him out—I had no light, and it was very dark—I cannot say whether he had got anything.
WILLIAM GARDINER (policeman.) I took the prisoner—he said he was innocent—that he had lived in Calomell-buildings with one Tom Carty, and he had not been sleeping out of the house for three weeks—I went to Tom Carty—I found him living there, but he knew nothing whatever of the prisoner.
ISAAC HALL . I am pot-boy at the Two Brewers, Wandsworth—the prisoner lodged at the Two Brewers—on the 3rd of Oct. he came for a bed—my mistress let him have one—I am quite sure he is the man—when he came again on the 30th Nov. he said his sister lived at Mrs. Everett's—my master lent me there, and there had been no brother there that night.
JOSEPH MOORE . On the morning of the 21st of Nov., Guilford fair-day. I overtook the prisoner about 100 yards from the prosecutor's—I walked with him about a mile and a half out of Wandsworth, towards London—I noticed that he was stout, and since then I notice that he is very thin.
GUILTY . Aged 33.— Confined Two Months.
ADJOURNED TO MONDAY, THE 1ST OF JANUARY.