CENTRAL CRIMINAL COURT.
THIRD SESSION, HELD JANUARY 1ST, 1844.
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, January 1st, 1844, and following Days.
Before the Right Honourable WILLIAM MAGNAY, LORD MAYOR of the City of London; The Rt. Hon. Thomas Erskine, one of the Justices of Her Majesty's Court of Common Pleas; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; Anthony Brown, Esq.; Sir John Key, Bart.; Sir Peter Laurie, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; Michael Gibbs, Esq.; Sir George Carroll, Knt.; John Kinnesley Hooper, Esq.; Sir James Duke, Knt.; Hughes Hughes, Esq.; and Thomas Challis, Esq.; Aldermen of the said City: John Mirehouse, Esq. Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
MAGNAY, MAYOR. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 1st, 1844.
First Jury, before Mr. Recorder.
MESSRS. PRICE and BALLANTINE conducted the Prosecution.
JAMES FINDON , smith and engineer, No. 90 1/2, St. Giles's. In Oct., 1842, I advertised a cabriolet for sale, and I believe on the 8th of Oct, the prisoner called on me—I told him the price of the cabriolet was fifty guineas—after some conversation he agreed to give 50l.;—he said it was not convenient to pay the money then, but he would give me a good reference—I said, if he would give me a good reference I would take a bill—he referred me to Hodges and Parker, bankers, No. 10, Austin-friars—he pulled out his card, which I produce, and at the same time he dropped a loose check out of his pocket-book, similar to one which I produce—I told him I never heard of the name of Hodges and Parker—he said they were merchants and private bankers, and that it was not an uncommon thing for merchants to be private bankers—he said he would call again in the course of the day—after he left I went to No. 10, Austin-friars, and saw the names of Hodges and Parker on the door outside—I saw a person, who appeared to be a clerk, in the outer office—I asked to see one of the partners, and I saw a person who said he was a partner—I do not know who that was—I do not know Parker's person—I do not think it was Hodges—I showed him Mr. Green's card, and told him he had given reference to them—he said that Mr. Green kept an account with them, and it was all regular—I asked, if they had a cabriolet to sell worth 50l.;, whether they would trust him? and he said most certainly they would—I then returned home—soon after the prisoner called again—I told him they gave him a most excellent character, but that the person I saw was a very young man, and asked him for a reference to some tradesman whom he dealt with—he laughed, and said, "Well, I will give you my coach-builder, Mr. Charles Thompson, of Mortimer-street, Cavendish-square"—I went there, and Mr. Thompson said Mr. Green's family had dealt with him for a long time, and were highly respectable; that his father had been a banker at York, or in Yorkshire, and he was then about selling Mr. Green a second-hand cabriolet himself—I then let him have the cabriolet, and he gave me this 50l.; bill, drawn by myself, payable two months after date at Messrs. Hodges, Parker, and Co., No. 10, Austin-friars, and accepted by himself—I paid the bill away, and it was returned to me, dishonoured, by Mr. Corbyn—I sent my clerk to Hodges and
Parker's, I did not go myself—two or three days before the bill became due I accidentally met the prisoner in Holborn—he did not know me, but I made myself known to him—he then asked whether I had heard of the failure of the house of Hodges, Parker, and Co.—I do not know what I said, for I had been then informed that they were a gang of swindlers—I did not tell him so—two or three days after the bill had become due the prisoner called on me, and offered me a bill on Captain Farquharson or Ferguson—I asked him for payment of my bill, and he offered me this other bill instead—I asked him to leave it with me, that I might inquire into the character of it, but he said, "No"—I did not take it—I have never got my cabriolet again, or a farthing for it.
Prisoner. Q. When the cabriolet was advertised, whose property was it? A. My own, entirely—I do not know the meaning of a chaunt—it was not got up between Mr. Corbyn and myself, and advertised for our mutual benefit—I bought it of Mr. Large, of Queen-street—I do not think the check produced is the one you dropped—you put it into your pocket-book again—I have a whole check-book here, which I got from the witness, Mrs. Jones, with various other papers—you left me your card, with "10, Essex-street, Strand," on it, I believe—the person I saw, who represented himself to be one of the firm of Hodges and Parker, was a tall young man, about twenty-five or twenty-six—he gave you a very good character, said you were very regular, kept a very good account there, and so on—I think he said you were the son of some great man at York, a banker, or something of that sort; and as for Mr. Parker, that he was the son of some great man at Bristol, or the West of England.
Q. Mr. Parker told you that? A. I do not know Mr. Parker, or any of them—you did not refer to Mr. Thompson at the same time you referred to Hodges and Parker, but when I asked for a reference to some tradesman—Thompson gave you a very excellent character—he said you were about purchasing a cabriolet of him at a price considerably higher than mine, and you yourself told me that you were about purchasing a cabriolet of him, but that mine was better at 50l.; than his at 80l.; or 90l.;—I did not call on you in Essex-street—I told Mr. Corbyn to do so—you told me you wanted a Clarence for a friend, and I told Mr. Corbyn, thinking to do him a service, as I heard so good a character of you—Mr. Corbyn waited on you for an order for the Clarence—when you told me that Hodges and Parker had failed, you said it would seriously derange your affairs, but you would look in upon me, which you did, and offered me the bill on Captain Farquharson, payable at joint-stock bank, if I would give up my bill—it was a larger amount than my bill—I was to return the balance when the bill became due—you would not leave it for me to make inquiry respecting it—you spoke of leaving some wine warrants with me as security for the payment of the bill, but I thought they were like the bills, good for nothing, and I directly told you you were a swindler, and a gang of swindlers—I never saw Mr. Hodges or Mr. Parker driving about in the cabriolet, nor ever saw or heard it was in their possession.
ADAM HAMILTON . I am agent and factor of Messrs. Rogers, cutlers, at Sheffield, and live in Hatton-garden—the prisoner called on me there with Parker, I think, in April, 1842—I have seen Parker repeatedly since—the prisoner introduced him as Mr. Parker, of the firm of Hodges and Parker, No. 10, Austin-friars, and gave me a card, which I have not with me—he said they were young men, merchants, who had just commenced business, that they were persons of property and respectability, that they were large importers of brandies, and he thought they could sell a great many of our goods—I had
known the prisoner about three years previously, by his having married into a very respectable family in Sheffield, and, consequently, I did not make the usual inquiries, which I otherwise should have done—I parted with the goods on the faith of his general character and respectability previously—we had executed an order for him three years previous, and it was regularly paid; in fact, I believe the goods he had on his marriage were all obtained in Sheffield, and paid for regularly—he was then living in Great Winchester-street, and paid me with a check, honourably and fairly—one part of these goods consisted of a case of seventeen or eighteen pairs of plated desserts—that order was given me by Green and Parker together, and they were to be sent to Austin-friars—he then gave an order for a quantity of ivory knives and forks, and razors, which I wrote for and executed—I took a porter with me, and delivered them in Austin-friars, on account of Hodges, Parker, and Co., not to the prisoner—he did not order anything on his own account—his name was not mentioned—this is the invoice—when I took the goods to Austin-friars, the prisoner was there, acting as one of the firm, indeed I supposed him to be the Co.—they were taking lunch together, which I did not like the look of—I stated to them at the time, that I expected cash on delivery—the clerk I saw said they always paid on the first Monday in the month—but when I called on the first Monday of the month, they said I was rather hard, in pressing for the whole amount of this invoice and the other, and they settled the small account, which I believe was about 14l.;, begging I would let this stand over till the first Monday of the next month—I think it was the first Monday in May that they paid me the 14l.;—the amount of the other account was between 60l.; and 70l.;—the goods were sold at trade price, to sell again—they were supposed to be going to France—they had them at the regular merchant's price—if it had been, a regular mercantile transaction, I should have allowed them two months' interest, or taken a bill at two months, upon satisfactory reference—I received one letter from Parker, while at Austin-friars—I have it not here—I think I should know his handwriting—I never saw Hodges—I believe he was here the Sessions before last, and was let out on his own recognizance, and is gone—the trial was put off then because we could not find Green, and now we cannot find Hodges—(looking at a letter)—I cannot swear to this handwriting—I do not know Parker's handwriting—I only had one letter from the firm—I never saw Parker write, or acted with him upon any letter I received—all the transaction I had with him in writing was the account, when they paid me the 14l.;—I have never received any money for the other goods—their clerk afterwards called, and told me they had absconded—I think they were broken up in the middle of May, 1842—the goods were ordered in the name of Hodges, Parker, and Co.
Prisoner. Q. Does this bill of parcels contain an account of all the goods that were sold by you to Hodges and Parker? A. I believe not—it is for the goods they have not paid for—the other one that you paid for was a separate bill of parcels, and they had a receipt—it was on the former bill that you called, and introduced Mr. Parker—you have got that—the one I have was found on the premises with other papers—it was positively stipulated that the goods should be sold for cash—you were present when I called, the first Monday in the month, and you said you thought I was very hard to wish it settled then, you knew our house was too respectable to mind a month's credit, and so on, and I let it be—the first parcel was delivered on the day you called, and the second parcel a few days after, and you thought it very hard I should include them—goods delivered after the first day of a month.
are paid for before the following month—we get our money on delivery nine times out of ten—I made no scruple about delivering the things, believing you to be a respectable man—if I had been paid, I should have taken off two months' interest, at 5 per cent.—20 per cent. was taken off the first parcel, in addition to the 5 per cent.—I cannot say you were a partner, certainly, but it looked very like it.
COURT. Q. Who paid you the money? A. The prisoner and Parker, at least they handed it over to the clerk, and he gave it to me—I cannot swear I actually saw the prisoner touch the money—he interfered about the credit, and I took him to be a partner.
Prisoner. Q. Were any other parties being paid at the time besides yourself? A. No—I have not traced any of the razors to your possession—I have tried to do so, but you are too deep for me—I saw nothing more of you till I heard Parker was in Whitecross-street—I remember stating that at your marriage our house made your plated goods, and put an extra plating on them—it was supposing you to be still a respectable man which deceived me—if Hodges or Parker had come and solicited credit, or ordered goods, I should have looked into it—I have heard that Mr. Hodges is the son of a medical man in Guildford-street, and I have also heard that Parker, Hodges, and yourself, are three of the most notorious swindlers in London.
CHARLES CORBYN , coach-builder, Great Queen-street. I received this bill from Mr. Findon, and on Saturday evening, 11th of Dec, the day it became due, I went with it to Austin-friars, but not expecting to get the money, as I had heard that the firm was gone—when I got there I found no Mr. Hodges or Mr. Parker—I saw the laundress, who said they were gone.
Prisoner. Q. Was the bill presented within the hours prescribed? A. I think it was between six and seven o'clock—I know Mr. Hodges—his father is highly respectable—he is a surgeon, and has attended my family many years—I never heard of there being a lunatic relative in the family—I have heard that there is an old lady bed-ridden there—I never heard any one but you say that she was a person of large property—I have heard that she has recently died—I have not heard of Mr. Hodges coming into a considerable property in consequence—the bill remained in my possession till you were taken to Bow-street—Mr. Findon has since paid me the money for it—I met you at Mr. Findon's—I think he sent for me—I believe I had not the bill with me—you proposed something to Mr. Findon about a bill of Mr. Ferguson, or Farquharson—he did not accede to it—you did not produce it—I asked you for a reference, and you would not give one, or lend the bill to make inquiry—I saw no wine warrants—you talked of such things—as far as I recollect, neither bill nor wine warrants were produced—I may be mistaken, but I do not think I am—you walked out of the counting-house—I did not say you were ad—swindler, and a brazen-faced monkey, nor did I hear it said—something tantamount to it was said—I do not know whether you said we could take a legal course, if we preferred it, and sue—I blamed Mr. Findon for not giving you into custody—I did not call you back, and offer to arrange it—when the bill was first given I called on you in Essex-street, from what Mr. Findon told me, understanding you wanted two carriages to send abroad—you declined to purchase them—I then supposed you to be respectable.
COURT. Q. Then you thought he would be good for the payment of a bill? A. Yes—he did not encourage my application, or take any steps to get the carriages into his possession—he declined dealing with me.
MR. HAMILTON re-examined. It struck me that it was about the middle of May the firm was broken up, because I should have gone on the first Monday
in June for the remainder of the bill, but I must be wrong—this invoice is dated the 31st of August—it must have been in September they were broken up—it was about quarter-day.
MR. FINDON re-examined. No, it was not till the 8th or 9th of October.
CYRUS ALEXANDER ELLIOTT . I live at Cowper-house Asylum, Old Brompton. On the 31st of August, 1842, the prisoner came to me respecting a horse which I had for sale—I showed it him, and told him the price was thirty-five guineas—he rode with me in my cab, behind the horse, as far as Essex-street—I was about going to Norwich, and promised to write to him on my return—he was very anxious, but I was in a hurry, and could not make arrangements then—I wrote to him on my return, and he called on me once or twice before it was finally arranged—he ultimately agreed to purchase it for thirty-five guineas—he said he was a parliamentary agent, and that he was about to remove to chambers nearer the houses of Parliament, for the convenience of business—he said he had been residing in Essex-street, but had taken a country house—I told him I wanted cash for my horse—he said he could not pay me cash—I said then he could not want a horse—he said he did want it particularly, because he was having a Brougham or carriage built at his coachmakers', Messrs. Thompson—he said he should have either a dividend or money on his own or his wife's account on the 10th of Oct.—I said then he had better wait for the horse till the dividend became due—he said it was very necessary he should have it, as the Parliamentary Session was about to begin—I declined selling the horse without the money—he then gave me a reference to Hodges, Parker, and Co., his bankers, and gave me this check—I did not go there—a friend of mine, Mr. Benton, went to make inquiries, and, in consequence of what he told me, when the prisoner called again I told him I would take a bill upon Hodges and Parker backing it—he brought a bill to me, reporting that it was backed by them—I afterwards passed the bill to Mr. Benton—he returned it to me—I have not got it here—I have never been paid for the horse, and I have likewise refunded the money to Mr. Benton, 37l.; 15s., besides expenses—I never went myself to Hodges and Parker.
Prisoner. Q. You do a little in the horse-dealing, do you not? A. No—this horse cost me 45l.;—I had put it up at Tattersal's, and bought it in at thirty-three guineas—I was offered thirty-four guineas for it after the sale, but would not take it—I wrote to you, on returning to town, asking you to purchase it, if you were not suited with one; I very likely asked you to come to Brompton and see it—you called, and dined with me—I refused to take thirty-four guineas—you ultimately agreed to give me my price by an acceptance—I asked if you would give any further security—that was on Mr. Benton's representation, after his inquiring at Hodges and Parker's—the horse was not delivered to you immediately on your giving me the bill—I gave you a memorandum, stating that if the bill was found to be properly drawn, you were to have the horse next morning—I found it was regularly drawn, and you had the horse—the bill has not been paid—I had notice given me by the holder of it—I took no steps about it—I did not instruct my solicitor to do anything—I know Mr. Vallance—he is not my solicitor—I did not instruct him to write a letter to you, stating that if you did not take it up I should take legal proceedings—I believe Mr. Vallance issued a writ—I believe he did not serve it—I have it in my possession now—I heard that he served one on Mr. Parker, in Whitecross-street—I have not heard that he served a copy of it on you—it was not at my suit.
the Mauritius, is the owner—in June, 1842, I let two rooms on the second floor to Hodges, Parker, and Co.—the rent commenced on the 24th—Mr. Parker took the rooms of me, and told me he wanted them for counting-houses—the name of Hodges, Parker, and Co. was written up on the door in less than a week after they were in—they kept one clerk—I saw the prisoner there, I should say, in less than a month, but I cannot say exactly—I have seen him there several times—I have attended on them—the prisoner was backwards and forwards, and took a great deal of authority at times in speaking to me—I should consider he had been one of the partners—he did not speak of "us" and "we"—he has spoken to me about eating and drinking—he had mutton chops and lunch there, which I paid for—he never paid for anything to my knowledge—Mrs. Green has also been there two or three times—the luncheons were carried into the account of Hodges, Parker, and Co. in my book—Mr. Green's name never appeared—they were not paid for—I once asked the prisoner to settle my book, and he told me I should have it, but I never got it—the chops were furnished for them all—Hodges and Parker were there at the time Mr. and Mrs. Green were there—just before the 29th of Sept. the prisoner told me Mr. Parker was in Whitecross-street—that was the time they left—the prisoner came backwards and forwards after that, but I am not aware that he had anything to eat after—another person waited on them in my absence—I generally attended on them—I let the rooms at 24l.; a year—one quarter's rent was due, which was 6l.;, and 6l. 0s. 6d. for attendance, luncheons, and so on—I was previously paid 10l.; for luncheons, and so on—the clerk brought it out to me—I do not know his name, or what has become of him—they appeared to be carrying on business as merchants and bankers—samples were brought there, but no goods—I remember some samples of knives and forks coming there—I cannot say whether the parties were all together at the time—I never took the samples in—they were taken up into the counting-house—they professed to be bankers—I cannot say whether any one called for, or paid in money—I had no business in their room, unless they called me—I have seen persons go up and down, I cannot say on what business—(looking at a card) I have seen cards of this description about the room, with "Hodges, Parker, and Co., Merchants, 10, Austin-friars," and checks of this description—they were kept in a drawer which they called the cash-drawer, where the money-bowls were kept—I cannot say that I have seen the prisoner Hodges and Parker together at the time these things have been in use—I put in a distress about ten days after Michaelmas for the 6l.;—I saw Mr. Hodges at Bow-street—the prisoner has a different appearance now—he had not mustaches on when he used to come to Austin-friars—I realized just enough by the distress to pay the rent, and no more—there were the desk-fittings, the desk, table, fender, fire-irons, stools, and chairs—I let the rooms unfurnished—I caused the name to be taken off the door.
COURT. Q. When did they leave? A. Parker went into White Cross-street before the quarter, and they left at the quarter—till within about a week of the quarter they continued coming backwards and forwards, after Parker left, but there was no business going on—Mr. Green used to come backwards and forwards, and young Hodges, for about ten days—young Hodges came after the distress was put in—not Arthur Hodges, but bis brother Thomas—before I put in the distress, Mr. Wadeson, an attorney, who lives next door, and is agent for the house, applied for the rent several times, from day to day, till he was tired of it, and then he desired me to fetch the broker—he did not apply in my presence—I found a great many cards and checks when I took possession.
Prisoner. Q. When you put in your distress, did you take all the property that was on the premises? A. Yes, except some furniture which I had let with the rooms—after the execution was in, Mr. Thomas Hodges was there, and Mr. Arthur Hodges was there several times during several days, and sat with the broker—when I asked you to settle my book, you might have said that you would make application to Mr. Parker for me—you told me something of the kind—I cannot say when I first saw Mrs. Green there—the clerk told me it was Mrs. Green—I think I saw two ladies at the counting-house.
DANIEL DESBOIS , watchmaker, Gray's-Inn-passage. On the 21st of Feb., 1843, Mr. Parker called on me to buy a watch—he selected one at about 32l.;, and a gold neck-chain at about 5l.; or 6l.;—he did not pay me for them, but referred me for his character to Mr. Hodges, in Guildford-street—I went there, and wanted to see Mr. Hodges' father, but could not—I saw the son, Arthur, who said he knew the character of Parker better than his father—on that reference I let Parker have the watch on credit—I have never received a farthing.
Prisoner. Q. Where was Mr. Parker residing when he purchased this watch of you? A. In the neighbourhood of the Regent's-park—he gave me that direction, but was not to be found after.
COURT. Q. In what terms did Hodges speak of Parker? A. As a trustworthy person—he said nothing about his being a banker or merchant, or having any place of business, but merely generally as to his respectability.
Prisoner. Q. Was nothing said about his being about to have ample means in a short time? A. No.
DANIEL DESBOIS , jun. I am son of the last witness. About Dec, I called at Mr. Hodges', at No. 104, Guildford-street, about my father's bill—it is Dr. Hodges' dwelling, and has been for some years—I asked for Arthur Hodges, and saw him—I told him I had called in reference to the payment of my father's account—he said Mr. Parker was not in town, but would be shortly in the receipt of his dividend, when he would be at his hotel, and would no doubt pay me—I asked him for Parker's address, and he could not give it me, which I said I thought was rather odd—he said he did not know where he was—I then went away—he did not tell me where his hotel was—I did not ask him—indeed I was pretty sure he was deceiving me, and did not go further with my questions—I saw it was a bad business.
WILLIAM WINKWORTH , 11, College-place, Camden-town. On the 11th of Sept. the prisoner drove up to my house in a carriage, with a pair of horses—he is materially altered, he had no mustaches then, but I am sure he is the person—he looked at my apartments, and proposed taking them—he eventually said he would take the house furnished at 11. 0l.; a-year—he gave me this card as a reference: "Arthur Hodges, Parker and Co., merchants, 10, Austin-friars, London"—I went there, and saw a young man—I said, "Your name is Hodges?"—he said, "My name is not Hodges, my name is Parker; what have you come for?"—I said a person of the name of Green had taken my house, I told him the rent he had taken it at, and asked if he thought him a person of sufficient stability to pay that rent—he said he had known him for some years, that his father had been a banker at York—he gave an excellent account of him, and I let him the house—he came in on the 17th of Sept., 1842—I believe he left about the 22nd of Dec.—I first learned that he had left on the 23rd of Dec—I saw him previous to that at the house, about the 9th of Dec—I told him that a person had called upon me, and asked who I had let into my house; that he said, "You have let a d—d scamp into your house;" that I asked him his name, and he said, "I do not choose to
give you my name, but I will give you a reference to a person named Jennings;" that I went to Jennings, to know if the character was correct, and he said, "Oh yes, perfectly so, he is a d—d scamp, he took my lodging about three years ago, and went away 36l.; in my debt"—I told all this to the prisoner, and he appeared to admit more of it than I should have thought—I said, "If that is the case, I must have my house"—however, between the 10th and 23rd this Jennings, who lived in the neighbourhood, called upon the prisoner, but I do not think I saw him afterwards—I did not get my rent—he sent me this check or bill for 29l.; 17s. 4d., which is a fictitious one—the bankers would not pay it—he sent it in this letter, through a man named Bickley—it is in the prisoner's writing, at all events the signature is his.—(This letter was dated London, 23rd Dec, 1842, addressed to Mr. Winkworth, signed James Green, and stated that he had directed the bearer to deliver to him the enclosed bill, drawn by William White on Thomas Farquharson, and requesting him to send him a receipt for the same.)—He mentions no place to which the receipt is to be sent, it is merely dated "London"—I was not pressing him for rent, I could not find him—he left the house, and this was sent three weeks or a month afterwards—I was in no worse position by his sending me this bill—he and his children broke my tables, and every thing that was breakable in my house—here is another letter which I received from him.—(This letter was dated Dec. 23, signed James Green, and stated that he had been taken in execution for a debt, which he should be able to settle to-morrow, and that he had deputed a friend to call, and pay what he was indebted.—The bill was also here read, and was at three months, drawn on Thomas Farquharson, Esq., 5, Leadenhall-street Chambers, payable at the Union Bank of London.)
Prisoner. Q. When I took the house was a memorandum of agreement drawn up? A. Yes, by my brother-in-law, an attorney—there was no rent due when I applied to you to give up possession of the house—you made no objection to giving it up—in fact the police were after you, and you were not to be found—Mr. Jennings had taken out a warrant for you, having struck him, and broken your umbrella over his head, when he applied for the 36l.; you owed him—you left the house on account of that, and were pursued by the officers—Mr. Bickley called on me after that—he lives in Chapel-street, May-fair—I do not know whether he is a solicitor—he handed me this bill, and wished me to give a receipt, to be sent to you—the people at No. 5, Leadenhall-street Chambers, knew nothing of Thomas Farquharson—I have not come here to recover my money, but for the good of the country—I expect nothing from you—I have never been in business—I was once chief cashier to a patent pin manufactory—it was a respectable place—it is still in existence—they never had the character of swindlers—I lent them 500l.;, which I got again—I was usher at a school at Brompton a long time ago—I do not know why I was discharged—I am married—I do not know that there was some young lady about to be run away with.
(The prisoner, in a very long address, stated that Parker, at the time he became acquainted with him, was a person of considerable property, the son of one of the largest wool-staplers at Bristol; that some years afterwards upon renewing his acquaintance with him, he learnt from him, that at his father's death Mr. Hodges, as bankers and merchants; that upon his representations he was induced to withdraw accounts which he then had at the Union Bank of London and Barnett, Hoare, and Co., and place it with Parker, he offering him greater facilities in his business. That he and Mr. Hodges subsequently ascertained Parker's father had died insolvent, Parker being taken in execution for
debts amounting to 15,000l., contracted before the partnership with Hodges; that upon this being made known to Mr. Hodges's family, the partnership ceased, Mr. Hodges senior agreeing to make an arrangement of the affairs, he having come into possession of 5,000l., and the debts contracted by Hodges and Parker not amounting to 1,000l., he (the prisoner) being the principal creditor: and that owing to the failure of this house, he was unable to pay the debts he had contracted.)
GUILTY . Aged 29.— Confined Twelve Months.
ALLEN PIPE (police-constable H 51.) On the 30th of Nov., about half-past four o'clock in the afternoon, I was in High-street, Whitechapel, and saw the prisoner and another—the prisoner took two rolls of Cloth from inside the prosecutor's door—I went after him—he was walking with the cloth under his arm—he was stopped by two of the prosecutor's shopmen, about fifteen or twenty yards from the shop—he said, "You would have lost your cloth, sir, if it had not been for me; a man threw it down, and I picked it up "—he was given into my charge—in crossing the street towards the station, he began scuffling with me, and kicked me several times—I then endeavoured to get him into the shop again; in doing so, he got his legs between mine, and struck me—we both fell, and some more got on the top of me—I held him for some moments on the ground, and tore the tail of his coat off, but I was so overpowered that he got away—I found him on Wednesday, the 13th of Dec, at the Star public-house—he then denied being the man, and said I had made a mistake—he was taken to the prosecutor's, and shown to the shopmen—I am sure he is the same man—when I first saw him I believed him to be the man, but would not swear to him—it was a very dark, foggy day—when I saw him the second time, I was positive he was the man.
Prisoner. I know nothing about it—I was sitting in the public-house, having a pint of beer; he came in and said, "Stand up;" I did so; he said, "Come to the light;" it was as light as it is here; the other policeman said to him," Is that the man? "and he said, "I think it is;" he said, "Come along with me;" I said, "What for?" he said, "For stealing two rolls of cloth"—I went to the prosecutor's shop; there were about ten shopmen; he showed me up the shop twice, and back again, and asked if they knew anything of me; they said no; but when he said, "Do you know anything of the man that stole the roll of cloth? up jumps one and said, "That is the man."
JAMES TUCKER . I am shopman to Mr. Jacob Dudden and another. On the 30th of Nov., about a quarter-past four o'clock in the afternoon, in consequence of what a lad told me, I looked out, and saw the prisoner take two rolls of tweed, and walk away about sixteen or twenty yards—I ran after him, stopped him, and asked what he was about to do with them—he said he was going to take care of them—they are worth about 5l.;—they were just inside the door, and were the two top pieces of a pile—he was going away from the shop—I got the assistance of a constable, and he was taken back to the shop—Pipe came in, and he was given into his charge—I observed a crowd of about twenty bad characters round the door, and when Pipe got the prisoner a short distance, the crowd pushed them up to the mouth of a court a few yards from our house, rescued the prisoner, knocked the policeman down, and very much ill-used him—I am quite sure the prisoner is the man who took the cloth—he is differently dressed, but I can speak to him from his features and voice—he was in our shop five or six minutes—he was
brought to me in custody about a fortnight after, and I identified him immediately—the policeman asked if any of us knew the man, and I immediately said, "That is the man"—I have not the least doubt of him.
(Property produced and sworn to.)
Prisoner's Defence. I know nothing about it; at the time they state the cloth was lost I was laid up with a bad leg, and Mrs. Truman, where I live, can state the same; the policeman knows her.
ALLEN PIPE re-examined. I know his landlady; she is a lodging-house keeper, in Essex-street, Whitechapel—I never heard of his having a bad leg—he said nothing of the kind at the station or before the Magistrate—he was remanded twice—I have not got the tail of the coat, I lost it in getting a second hold of him—I have made inquiries at Mrs. Truman's about him—I could not find the coat—he had none of it on when I took him the second time.
GUILTY . Aged 19.— Judgment Respited.
OLD COURT.—Tuesday, January 2nd, 1844.
Second Jury, before Mr. Recorder.
GUILTY . Aged 34.—Recommended to mercy.— Confined One Month.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Wednesday, January 3rd, 1844.
Third Jury, before Edward Buttock, Esq.
385. JOHN ROBINSON was indicted for feloniously uttering a forged order for the payment of 3l.; 10s., well knowing it to be forged, with intent to defraud Richard Clark:—also, for uttering a forged order for payment of 3l.; 10s., with intent to defraud William Humphries ; to both which he pleaded
GUILTY .— Confined Two Years.
GUILTY Aged 17.—Recommended to mercy.— Confined One Month.
387. ANN STONE, LYDIA JOHNSON , and LOUSIA ELLIS were indicted for stealing 3 handkerchiefs, value 10s. 6d. the goods of George Grumbridge.—2nd COUNT, for stealing 3 yards of silk: and they had been all previously convicted of felony.
RICHARD ROGERS . I am assistant to Mr. George Grumbridge, linen-draper, Ratcliff-highway. A few days before the 22nd of Dec., a pane of glass was accidentally broken in the shop window; I placed a wooden card and some goods against it, to barricade it—on the 22nd of Dec., between six and seven o'clock in the evening, I heard a slight noise at the window, and saw that the card had been raised from the hole—I placed myself where I could have a
view of the hole without being seen, and in three or four minutes I saw the three prisoners together outside the window—I distinctly saw Johnson and Stone's faces—I saw Johnson put her hand in through the hole and make several attempts to get at some articles; at last I saw her push the goods on one side which intervened between the handkerchiefs, and draw them out—they were lying about a foot from the hole—I ran out of the shop with another young man, and secured all three at the hole—I saw the handkerchiefs drop from Johnson's dress apparently—I picked them up—they all three denied taking them, but afterwards they all begged for mercy, Johnson especially—I saw no other females about at the time, but passers by—no persons were standing at the window—I am quite sure Ellis was the third party—these are the handkerchiefs—(produced)—they are Mr. Grumbridge's property.
Johnson. Q. You said at the station you could not say which dropped them? A. I distinctly saw them drop from your person.
Stone's Defence. I never saw the handkerchiefs.
Johnson's Defence. There were three little boys at the window, who must have kicked them in running out.
Ellis's Defence. I was standing close by the window, but never saw Johnson touch them.
STONE— GUILTY . Aged 17.
JOHNSON— GUILTY . Aged 23.
ELLIS— GUILTY . Aged 17.
Transported for Seven Years.
Before Mr. Justice Erskine.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOHN SERGEANT (police-constable E 65.) I know the prisoner—I was present, in April, 1842, when he was tried and convicted of uttering a counterfeit shilling and half-crown—I am positive he is the person described in that record.
JAMES MOORE . I am a blacksmith, and live in Buckinghamshire. On the 21st of Dec. I was in Covent-garden market, with holly to sell—the prisoner came and asked the price of it—I had never seen him before—I told him 1s.
a bundle—he gave me a shilling, and went away with the bundle—I bit the shilling directly he was gone, and found it was bad—I put it into my pocket, in a bit of paper—I had no other money in that pocket—next morning the prisoner came again and asked me the price of holly—I told him 6d. a bundle—he offered me a bad 5s. piece—I had it in my hand, and said, "Old man, you are not going to do me the same as you done me yesterday morning"—he said, "Did you see me yesterday morning?"—I said, "Yes, and I will swear to you; you gave me a bad shilling yesterday morning, and now this is a bad 5s. piece"—he said, "If you don't like my money give it me again; I will change it, and come and pay you for your holly"—he took the 5s. piece out of my hand, and went away—a person who stood by went and told the beadle, who directly went after him down to the lower part of the market, called me, and I went with him—I had lost sight of him, round the pillars, for a minute or two—it was not above five minutes before he was taken—I had marked the crown-piece with my teeth, before he had it back, enough to know it again—I gave the shilling to Richard Moore.
Prisoner. Q. Was it not between nine o'clock and a quarter past that I tendered this piece? A. I should think between nine and ten, I cannot say particularly—it might be as late as half-past ten when the charge was made at the station-house—it was not twelve—at the station I pulled out a counterfeit shilling, wrapped up in a piece of paper—there was no others with it—the inspector asked me how I knew it was the same shilling, in taking it out with those three—I had two other bad shillings wrapped up in another piece of paper in my left hand pocket—I had taken them in the market, I do not know who of—the other one was in my right pocket—I took them all three on the Thursday—when I took the first two I put them into my pocket along with other shillings, not knowing they were bad—I did not put the shilling I took from you into the same pocket—I had it in my mouth, and when I found it was bad, I searched, and found I had two more among my other money—I put those two into a bit of paper, and the other in another bit—I did not bite the other two—I gave them all to the beadle at the station, still wrapped up—they were shown to several at the station—they were taken out of the papers, and the inspector asked me how I knew the one out of those three.
RICHARD MOORE . I am beadle of Covent-garden market. I was on duty there on Friday morning, the 22nd Dec.—the prisoner was pointed out to me by James Moore—as soon as he saw me he ran between two carts, and I saw him put something to his mouth—Johnson, another beadle, first took him, in my presence—when I came up he had hold of him by the collar—I then saw him pitch something from him—we struggled, and all three fell on the ground together—he was then secured, and taken away—I have a shilling which I received from Moore at the station—it was wrapped up in this piece of paper—he gave me two other shillings as well, in another piece of paper—this was distinct from them—he took them all from one pocket—at the station I asked him if he could identify either—he said, "Yes; the one that is wrapped up in the piece of paper by itself, I bent it, and marked it with my teeth"—that was in the prisoner's hearing—I have kept it apart from all other coin since.
Prisoner. Q. Which pocket did the prosecutor draw the money from? A. The right hand breeches pocket—to the best of my knowledge, he drew the three coins from one pocket—when we saw you fling something from you we did not pick it up, because you threw us down—it was thrown among a bundle of holly.
CHARLES NYE . I am a salesman in Covent-garden market. I was present on this Friday, and saw Johnson scuffling with the prisoner—they fell down—Johnson picked the prisoner up—Moore was also in the scuffle—I afterwards picked up a crown-piece immediately under where the prisoner lay—I took it to Bow-street, and gave it to Johnson.
Prisoner. Q. Why did not you follow us down to the station with it? A. I did, but was not admitted—I asked to see Mr. Johnson—you were lying
on the stones, close by some holly—I took the crown-piece off the holly—it was close to where you lay—I did not put it into anybody's hands before Johnson received it.
FREDERICK JOHN JOHNSON . I am beadle of Covent-garden market. On Friday morning, the 22nd of Dec., the prisoner was pointed out to me by Moore and a man named Bird—he had something rubbing in his hand—I went towards him—he went between two carts standing close by, at a hurried pace—I was close behind him—he put his hand to his mouth—I seized hold of him by the back of his neck, and he then with his right hand pitched something from him—we had a terrible scuffle—when on the ground, I put my hand to his throat, and felt some hard substance pass my finger and thumb, down his throat—ha swallowed it—he said, "What do you want?"—I said, "What you have got in your mouth"—he said, "It is gone, what can you do now?"—I had a further struggle with him—he seized my left hand, put it into his mouth, and bit my middle finger very severely—with a good deal of difficulty I got my hand out of his mouth—we got assistance, and got him to the station—he was searched, and four shillings, and 5d. in copper, was found on him, in good money, and a bit of chalk, which I have here—there is a blueish colour on one of the flat surfaces—it is broken in two pieces now—it was all in one when I had it first—it is as I took it from him, except what the paper has rubbed off—I have seen the effect of rubbing metal on chalk—I produce a crown-piece which I received from Nye.
Prisoner. Q. When I ran between the carts, you saw me throw something from my right hand? A. When I caught hold of you by the back of your neck—I did not pick it up, because I thought securing you was the most necessary thing—I will not pretend to say what you threw away.
JAMES MOORE re-examined. This is the shilling the prisoner gave me—I find a mark here that I made on it—this shilling and the other two bad ones had been in the same pocket, in paper, but I wrapped this in a piece of paper by itself, and the other two in another piece—they were together in the two papers—I swear to the mark on this shilling—I made it when I took it—this is the crown the prisoner gave me—(looking at it)—I know it again by a small mark—the larger mark was made at the station—I think here is a small mark—I bit the one the prisoner offered me, and there is a similar mark here—I know it is the crown the prisoner offered me by this mark I made on the edge with my teeth when I took it—(showing it)—I also looked at it attentively at the time, and am sure it was a bad one.
Prisoner. I should like to see him bite it again—(the witness did so.)
Prisoner's Defence. I did tender a crown-piece to Moore, but it was not a bad one; for I immediately went to the White Horse, nearly opposite where he was standing, and had some gin and beer, and had the remainder of the change in my pocket when I was taken, I know nothing about the shilling, I was not in the market at the time. It is very strange the crown should pass through the Magistrate's hands at Bow-street, and he not see the marks, and that he should ask the witness why he did not mark the piece before he gave me into custody, and that when I came up on the Wednesday following it should be cut, and marked as you now see it; he says I was not more than five minutes out of his sight; whereas he owns it was about half-past nine or ten o'clock that I tendered the crown to him; and he cannot say whether it was not as late as twelve when we got to the station. If any other person was standing at this bar, he would as soon swear to him as me.
GUILTY . Aged 21.— Transported for Ten Years.
MR. ADOLPHUS conducted the Prosecution.
JAMES CHAPMAN . I am drayman to Messrs. Goding and Co., Belvidere-road, Lambeth; the deceased, William Knott, was my mate. On Thursday, the 9th of Nov., he was driving, and I was riding on the front plank of the dray—when the accident happened we were just against the Civet Cat, at Kensington—there is barely room for two omnibusses and a dray to pass there—the deceased was driving at a moderate pace—just as we were passing a cart, standing at the corner of the street where the Civet Cat is, two omnibusses came up together, one on each side, but the off one was a little a-head—that was a red one—Clinch drove it—Horne drove the other, which was a blue one—that was on the near side, which was its wrong side—we were all three going towards London—the red one was on the off, its right side, but on the wrong side for passing another carriage—when they came on each side of the dray, the deceased was walking by the side of the dray, conversing with me, against the front plank, which I was sitting on—he was in a place where, if unmolested, he could have had command of his horses, and driven his dray properly—the red omnibus was coming furiously, but the blue one stopped just as it came alongside; I did not see at what pace it came up—the red one went galloping by at a furious rate, and went on—its coming at that furious rate, and their whipping the horses on each side the dray, caused the alarm to our horses—at that time something, I did not see what, took the deceased off his standing, while the omnibusses were by the side of the dray—the horses in the dray made a start from the flogging of the horses on each side of them, and attempted to run away—they ran about twenty yards—Knott was hanging at the front chain of the front pin of the dray at the time the horses started—he was taken off his feet—when I saw the danger, I tried to get hold of him as I was sitting on the dray, but I could not—I jumped from the dray as quick as possible, ran to the fore-horse's head, and stopped the horses—they were some distance from the blue omnibus—it was then stopping—the red one did not stop at all—I looked back, and saw a congregation of persons round Knott, just picking him up—I did not see the wheel pass over him, because I was in the act of stopping my horses—my back was towards him—Mr. Oak sent for his cart, and his man, and a constable took him to the hospital—I was obliged to go on with my dray—I did not know either of the prisoners before.
Cross-examined by MR. CLARKSON. Q. Was the deceased properly the driver of the dray, or were you? A. Generally I was—he was the foreman, but we took it by turns—I was the driver—he was my mate to render me assistance—we generally make it a rule for one to drive out and another home—it is our own rule—the proper place for the driver is not generally speaking at the head of the foremost horse—sometimes we have a young horse in the shaft, and are obliged to attend to him—we had not got a young horse on this occasion—we had an old one in the shaft—no doubt the driver must be at the head of the foremost horse, but if he wanted to ask me a question, he must come back to the dray—he asked me, "Do you know what turn we are going to have? "—we have long journeys sometimes—one man is quite sufficient to drive two horses, and we give one another the chance to rest ourselves on the front plank of the dray—we had put our beer down at the Swan public-house, Hammersmith—the Civet Cat is two miles or thereabouts from there—I drove down the road, and was sitting on the dray coming back, till we came to the Civet Cat—I had not been sitting there
all the while—the deceased said, "Get up, and have a ride"—he had just the same wages that I had—I had not been riding on the shaft from Hammersmith to Kensington—I had been driving my horses as usual, from the Swan to the Civet Cat.
Q. Did you not just now say that you took it by turns, one to drive out, and the other home? A. Yes, I drove out, the deceased drove home—he drove all the way from the Swan—I had been on the plank about half way from the Swan to the Civet Cat, for a mile—I had no whip in my hand—I had no command of the horses where I sat—the deceased was talking to me by the side of the plank where I was sitting—he was in a situation to have control over the horses at times—when he attempted to get forward towards the horses the omnibus was alongside of him—if he had been at the head of the horses, he would have been able to stop them, certainly—if he had been in front he could have put his hand to the rein of the shaft horse, and stopped him directly, and if I had been in front instead of riding I could have done it—had not the near-side omnibus been there the deceased would have been at liberty, and could have cleared himself—it was about four or five yards from the place where the blue omnibus stopped to the place Where the deceased fell—I cannot say exactly, for I jumped off the dray when I saw the danger—my back was toward him when I was in the act of stopping my horses—I will swear Horne whipped his horses—I saw them both whip their horses, the blue omnibus was not going at a rapid rate—it was alongside the dray when I first saw it—I attempted to take the deceased by the collar, but could not—I am confident I did not take hold of him—I did not attend the first coroner's inquest—I did the adjourned one—I was not summoned to the first, and knew nothing of it.
Cross-examined by MR. WILKINS. Q. On which side the dray was the deceased? A. On the near, his right side—Clinch drove by on the other side—there was a puncheon and eight barrels on the dray—I was not leaning against them at all—they were not piled up to any height—they were all behind, except one barrel on the front plank—I am confident they were not above my head—I cannot say what caused the horses to start, more than the whipping and flogging of the horses of the omnibusses—I believe I never said that it was the rattle of the omnibusses' wheels which started them—I could not say whether it was that, or whether it was the flogging of the horses—the deceased was hanging to the chain of the front pin of the dray, quite close to me—if he had not been off his feet, I could have reached him, and saved him, perhaps, which was my intention—he had a whip in his hand—neither of the omnibusses touched my dray, driver or horses, that I know of.
MR. ADOLPHUS. Q. Were the horses in any way alarmed or put off their pace until these two omnibusses came and made the clatter near them? A. They were not—they were walking as steady as possible, at their regular old original pace, till the omnibusses came—both the prisoners were whipping their horses at the same time—we were then going home to the brewhouse—we had only been to the Swan—we were in no particular hurry.
COURT. Q. How far was the blue omnibus from the cart at the corner of the Civet Cat? A. It had passed before I saw it—the dray had passed the cart before the blue omnibus came alongside.
HENRY OAK , butcher, Kensington. On the 9th of Nov., about two o'clock or half-past, in the afternoon, I was standing in my shop, which is not quite opposite the Civet Cat—I could see what passed at and near the Civet Cat—I saw a dray pass—the horses were on the gallop—it was when the accident happened—I saw both omnibusses—I did not see the blue one at the Civet Cat till after the accident—I can only imagine that the rapid pace of the dray horses was caused from the driving of the red omnibus—I had
not seen the dray before I saw the red omnibus—I do not know at what pace it was going before—when I saw it, it was passing the off side of the dray, driven at a rapid rate—the horses were gallopping—it was on the off side of the dray—the blue one was standing still when the accident occurred—I saw a man under the near side wheel of the dray—his arm was under the wheel, which passed over it—Clinch did not pull up or stop his horses in any way—I helped to pick up the man, and had him conveyed in my cart to St. George's Hospital by one of my servants—the prisoners are the men that were driving the omnibusses.
Cross-examined by MR. CLARKSON. Q. Were either of the draymen in the proper place to take care of their horses? A. I do not consider that either of them were—if either of them had been at the head of the leading horse I fear the accident would still have happened—there was a cart between them, and it was next to impossible he could get to his horses—if either of them had been at the head of the leading horse, he would have had an opportunity of stopping him by taking him by the bridle—I should say there is not a more improper place for a man who has charge of a brewer's dray, than sitting on the front plank, at the shaft horse's tail—I did not observe whether there were any reins—the first time I saw the blue omnibus it was stopping immediately opposite the Civet Cat—the horses went from one end of the window to the door—they took up the whole space of the front of the Civet Cat—they did not go on from that spot till after the accident happened—the Civet Cat is about twenty-five or thirty yards from where the man fell—it is rather a narrow highway, but there is sufficient space for three vehicles to go abreast—when I first observed the dray it was on the left-hand side, going towards London—it was obliged to go in the middle of the road in passing the cart—that was where I first saw it—it came out from the near side to pass it—the horses were galloping then—they began to gallop first at the cart—I saw the gallop begin—at that time my attention was directed to the man at the dray—I ran across, and then saw the blue omnibus stopping—it had not passed the cart—if the driver of the blue omnibus had been parallel with the dray, and whipping his horses, I must have seen it—I saw nothing of the sort—Chapman was sitting on the dray, fronting the shop-window—the deceased, when I first observed him, was at the wheel, running towards his horse with the whip in his hand, when they first broke out into the gallop—if he had been at the head of either of the horses, I think the accident might have been prevented—I saw not the slightest impropriety in Horne's conduct.
Cross-examined by MR. WILKINS. Q. How far had the red omnibus got beyond the dray when this happened? A. It was passing the dray—the horses took fright at the moment the omnibus was at their head—it could not have got forty yards when the accident took place—as far as I could judge, I believe this was purely accidental.
MR. ADOLPHUS. Q. As far as you could judge, would the accident have been avoided if the red omnibus had not driven at that pace? A. I can only imagine that—I do not recollect whether the dray horses were abreast, or one ahead of the other—I think the deceased was too far behind to have any command of his horses.
COURT. Q. What was he doing? A. I saw him running forward to the horses—I did not see him again, from the confusion, till I saw him under the dray—my eye was not on him at the time he first fell to the ground—I did not see him hanging to the chain—I did not see him approach the leading horse—I only saw him by the side of his mate, who was sitting on the shaft—he was at the wheel, or something behind it, when the horses started, and he ran forward with the whip in his hand—he approached the side of Chapman—I did not see him beyond that—the dray had not then passed the cart—it was in
the act of passing—I did not observe whether the deceased had passed it—I did not see him after that till he was under the wheel—the dray passed the cart as near as possible—there was not room for the man to pass between them.
RICHARD MASTERS , linendraper, Broadway, Hammersmith. On the 9th of Nov. I was a passenger by the blue omnibus driven by Horn—I also saw a red omnibus driven by Clinch—we were comiug to London—my attention was first drawn to the red omnibus waiting for the other coming up, nearly opposite Lord Holland's gate, taking up passengers—we passed it—when we got to the National Schools, which is a very narrow part, there was some obstruction, but, being inside, I could not see what it was—the red omnibus came up on the off side of us, and we went both abreast at a walking pace until we arrived at the church—we being on the near side, drove round where there is a wide opening to the church, to take the near side—I then perceived a brewer's dray in front of us—we went past on the near side of the dray, and the red omnibus on the off side—my attention was drawn to it from the furious t rate at which the red omnibus was passing—I was looking directly across the backs of the dray-horses, the coachman at the same time flogging both his horses—the blue omnibus was going at a fair ordinary pace—the dray-horses instantly started off into a gallop—my decided opinion is, that it was occasioned from the flogging of the horses of the red omnibus—I did not observe the driver of the dray until the horses took fright—the blue omnibus immediately pulled up, and I saw the driver of the dray hanging to the fare part of the dray, or the shaft—my impression was, that if he let go his hold he was a dead man—I fixed my eye intently, the omnibus stopping—the dray had gone on before us—I saw the near wheel of the dray rise up, and by that I knew the man was under it—I did not see him under the wheel—at the time the dray-horses started off, our omnibus was by their near side—we never went further than that—I was sitting at the back of the omnibus, on the off side—I could command a complete view of the dray, and of the accident which happened—in my judgment the dray-horses were startled by the flogging of the coachman on the red omnibus, and going at the furious rate he was going.
Cross-examined by MR. WILKINS. Q. The red omnibus passed on the off side? A. Yes—there were other passengers inside the blue omnibus besides me—I appeared at the inquest at the request at both the prisoners—a person from Clinch waited on me, and requested me to be there—I do not generally ride with Horn—I do not know that I ever rode with him before—they were both entire strangers to me—sometimes I ride by Hardwick sometimes by Kirby, and sometimes by Cullen—at the time Clinch drove rapidly by, his omnibus, the blue one and the dray were the only vehicle! in the road—I first saw the deceased hanging to a part of the dray or shaft—I did not notice any cart till after I got out of the omnibus to request the policeman to let us go on, as I was in haste—I then saw the cart standing before the blue omnibus—all the time I saw the dray it was in the middle of the road—I did not attend the inquest—I told the policeman I would come forward at any time I was requested, but I was never informed when the inquest took place.
CHARLES WALKER , tailor, Ear-street, Kensington. On the 9th of Nov. I was a passenger outside the blue omnibus—the red omnibus was some distance ahead of us, stopping at Lord Holland's gate to take up passengers—the red omnibus stopped again at Newland-street to pick up three passengers—the blue omnibus then passed, and stopped to pick up a passenger at a baker's gate, just by the Adam and Eve—the red omnibus passed again—when we arrived at the National Schools we were compelled to walk behind
the dray some distance, on account of the dray going at so slow a pace—the two omnibusses were abreast—we were not able to pass, the road being narrow and vehicles coming from London—when we came to an open space near the church, which stands back, the blue omnibus attempted to pass on the near side—it pulled out a little to pass, and just at that time the red omnibus also attempted to pass, and did pass, just at the time the dray had arrived just by a post at the corner of the Civet Cat—the red omnibus, at the time it passed, was driven at the rate of nearly seven miles an hour, or between six and seven—I cannot say whether the horses were trotting or galloping—I saw the driver of the dray walking along by the side of the horse in the shafts of the dray, with a whip on his right shoulder—at that time the blue omnibus was trying to pass, but by that time the dray had arrived a little further, where the road runs rather narrow, and there was scarcely an opportunity for it to pass—just at that time the dray-horses had started off—the red omnibus was passing just at that time, and had arrived to about the first horse, the leader of the dray—I cannot say what the driver of the red omnibus was doing at the time, for seeing the man hanging to the shaft of the dray took my attention off—I saw the dray-horses start off into a kind of canter—I cannot say what occasioned them to do so, my attention was directed to the man clinging to the shaft of the dray—at the same time, his fellow-servant, who was sitting on the first plank of the dray, put his hand out, as in the act to catch hold of the deceased, to assist him and hold him on, as it were—it appeared to me as if he let go of the man, and the moment he did so the deceased fell off on his back, rolled over on his face, and the wheel went right across his back—I got off the omnibus, and assisted him up, and he was taken to the hospital—the blue omnibus was standing still at the time.
Cross-examined by MR. WILKINS. Q. Did you see any thing at all like furious driving? A. I did not—it was impossible for Clinch to be driving furiously, the mere length of the dray was not sufficient to spring his horses into great speed—we had been walking behind the dray for some distance, and a driver could not have sprung his horses into a greater speed than six or seven miles an hour merely the length of the dray—I was sitting outside in front, and had a full view of the whole—no one could have had a better view than I had—the deceased, if he had had presence of mind could have got on the causeway—I distinctly saw Chapman catch hold of the deceased by the collar, and as soon as he let him go he fell—the dray horses were going very slow when I first saw them.
MR. ADOLPHUS. Q. You swear positively that Chapman had hold of the deceased's collar? A. Yes—it could have been for scarcely any time, the whole was done so momentarily—it was merely a grasp—I never drove at omnibus—I have frequently conducted one—any of them, I have no partiality for any—I was in a situation to see every thing—I did not see Clinch whip his horses, or go at any extraordinary pace.
COURT. Q. Did you see a cart standing any where? A. Yes, about two doors past, at Mr. Cox's, the cheesemonger's, I think—I did not see the dray pass it—just at that time our omnibus stopped and I got down to assist the deceased—the dray had not passed the cart before the deceased fell—the blue omnibus was sixty or eighty yards from the cart at the time the deceased fell—we had not arrived at it, nor had the dray, when the deceased fell—there was nothing between him and the footpath at the time he was hanging by the dray—the heads of the of the blue omnibus bad arrived nearly to the box of the dray wheel, it then pulled up—it was going very gently at the time—it had merely pulled out behind the dray to try to pass it, but found there was not space sufficient to do so.
Cross-examined by MR. CLARKSON. Q. Was that at the part of the road where the church stands? A. Yes—there would have been room to put there, but the houses project again into the road, which did away with the ability to pass—Horn pulled of the moment it appeared there was not room to pass on the near side—he had perfect command over his horses—I do not believe that he at all contributed to the accident.
ALBERT TIPPEN , whitesmith, High-bridge, Hammersmith. On the 9th Nov., I was a passenger outside the omnibus driven by Horn, and was, on his righthand side—at Kensington there was another omnibus abreast of ns, driven by Clinch—they are both strangers to me—when we came near the church there was a dray walking, and the drayman by its side—Clinch attempted to pass on the right hand side—he did nothing more than try to get his horses by fast by the whip—he flogged them to get them by—he pat his horses in to a swifter pace, on account of trying to pass the dray, because the dray started about the same time his horses did—it was all done so momentarily that you might say they both started together—the deceased attempted to catch hold of his horses, and by that means, I think, he missed his hold, and caught hold of some part of the dray, where he hung until I suppose he was exhausted, he then fell, and the wheel went over him—he was taken up, and carried to a doctor's.
THOMAS SWAIN ( police-constable T 176.) Hearing an alarm, I went up—the deceased was picked up, taken into a shop, and I afterwards took him to St. George's Hospital—the blue omnibus was standing still when I got up—I did not see the red one—I ran after it, but could not catch it—the accident had not happened half a minute previous to my going up—it must have driven at a tremendous rate, or I must have seen it, as I ran some distance.
GEORGE FREDERICK POLLOCK . I was house surgeon at St. George's Hospital on the 9th of Nov., when the deceased was brought there—he was suffering from compound fracture of the left elbow joint, and had also symptoms of fractured ribs—I attended him up to the 80th of Nov., and then he died—I attribute his death to the injuries received in the arm and ribs.
MR. CLARKSON conducted the Prosecution.
MARIA CAFFYN . The prisoner is my husband; he has not bean in any business since I married him; we live at 28, Lower Belgrave-street, Belgrave-square. My husband had been for some time past under medical care—he had had nothing to eat for nearly a week, excepting jellies and beef-tea; but on the 9th of Dec. he asked for a little meat for dinner—he had some sent up by his daughter by a former wife—he sent for more—I went up with, a little pudding, and, on entering the room, he was walking up and down, as he had been the whole morning—that day he appeared extremely restless, and never sat down at all—he bad had a very restless night the night preceding, and was pacing up and down the room all day—I observed that the dinner I had sent up to him was all consumed—I said, "How did you like your dinner? but I need not ask you, as you ate it and sent for more"—I did not say that in any way to provoke him in the least—his daughter was present—he had been ill for three weeks—I had been nursing him, and doing everything for his health—I had been on good terms with him upto that time—I said, "The doctor, perhaps, would not have allowed it
you, inasmuch as you have not taken your medicine for three days," which was the case—I did not say another word—I turned round to open the door of a third room, into which I was going for my bonnet; in doing so I looked to the right, and saw his daughter hastening to leave the room—I never saw anything more till I received a blow across the back of my head with a poker—he had not said a syllable before I received the blow—it was an extremely violent one—I then received another blow as soon as it could be repeated—I was trying to get out on to the landing—he then put his left hand together, and nearly closed the door—as I opened it I received another blow—I put my hand up, and the poker, I think, came between my fingers—I then saw that it was a poker that he had in his hand—I was making my way to the landing, and received another blow with the same poker on the left arm—I was endeavouring to make my way down—I put my hand on the landing, to enable me to jump off the four remaining stairs—he then came down the first landing, met me, and aimed a blow in front, but this arm, being on the banister, received the poker; I rather think it came in contact with the banister, which broke the poker—this arm was lacerated by the blow—I walked to the bottom of the stairs—two or three of the females of the house met me—one of them set me on the steps, and I remained there till Dr. Griffiths came—I had given the prisoner no provocation; I had said nothing to him but what I have stated.
Q. What had been the nature of hit illness before this? A. He had been very low-spirited—he generally had very good health—he had passed very restless nights, and when I have asked him the reason he has said they were coming to take him away to prison—five or six nights before this occurrence he attempted to get up in the bed—I asked if he wished for anything; I had jellies to give him—he said he required nothing but to get up; and he put his arms across his head, and said, "lam requested by my Saviour to pray naked as I came into the world"—he stood in that position for a length of time—he was quite naked—I then told him he had been a long time, he must be very cold, he must allow me to put something on, and I would call his daughter to send for some one to get him into bed again—he never left the bed; he was standing upright on the bed all the time—after I had put something about him he dropped on his knees, and I called his daughter, who was lying on a sofa in the adjoining room—I said, "If you will, come and assist me; your father, I think is in a very strange way"—I believe I related this circumstance to Mr. Griffiths, one of his medical advisers.
Cross-examined by MR. BALLANTINE. Q. For how long a period had you observed these peculiarities in your husband? A. For two or three months I have observed that he has been very different as to his spirits, and that without any particular cause that I am aware of—I have a small income, which he has been partaking of—his conduct had been more peculiar for the last few days than previously—he had bad a strait-jacket on for the last four or five days, and was under medical treatment for insanity—there was a man named Sanderson in the house for the purpose of taking care of him—he once made an attempt upon his daughter in my presence—he and she were very good friends—I entered the room with a spoon and plate, to give him some pudding—his daughter stood at the foot of the bed, and attempted to feed him—he had been reading the epistle or gospel for the fourth Sunday after the Epiphany—he threw the book away, took the plate out of my hand in a most violent manner, swallowed the contents in three mouthfuls, and threw the plate and spoon on the bed—his daughter was standing in front of him—he seized hold of her two arms, and held her very violently—she had said or done nothing to provoke him.
WILLIAM GRIFFITH , surgeon, Lower Belgrave-street. On the 9th of Dec., about a quarter or twenty minutes past three o'clock, I Was sent for to attend the prosecutrix—I found her sitting on the step of a door leading into the garden, supported by some females, and bleeding very profusely from two scalp wounds on the fore, and one on the back part of the head—they were serious wounds—there was a lacerated wound between the fourth and little finger, and a good many contusions on her arm—such an instrument as this poker would have been likely to have caused the injuries on the head—I believe I had seen the prisoner twice within three or four days before this—I have not prescribed for him, or sent him medicines—I was requested by his wife to see him, with a view of ascertaining tht state of his mind, in order to sign a certificate—on those occasions he was in a strait-waistcoat—I had no doubt on my mind as to his being insane, but did not feel myself at liberty to sign a certificate then—I saw him immediately after this occurrence—he was then in a strait-waistcoat—I considered it necessary that be should be to restrained—he was walking about the front room, pacing, and staring vacantly—the habit of walking np and down a room, or anywhere else, in a state of restlessness, and disinclination to sit, is, among others, one indication of a deranged mind—my opinion then was that he was insane—I have not seen him since he has been in custody—I hare not seen or heard anything in the least to alter my opinion—I believe I first heard about the prisoner's praying in bed at Queen-square.
Cross-examined. Q. You were asked to sign a certificate for the purpose of confining him in a lunatic asylum, I suppose? A. Yes—we generally consider that a very responsible doty—he was so sullen and reserved, that I did not feel myself justified at that moment in signing the certificate, although I had no doubt of his state of mind, nor have I now.
Q. Was his state of such a description that He might not have been conscious of the difference between right and wrong? A. I do not think I am in a condition to answer that question.
MR. CLARKSON. Q. Was it by your advice that he was placed under re straint, or did you merely recommend its continuance? A. I believe that was all—I attended the prosecutrix for some days.
RICHARD COLLER . (policeman.) On the 9th of Dec I was sent for to this house—I found the prisoner with a strait-waistcoat on—he was given into my custody—I also received this poker—it is in two pieces.
MR. BALLANTINE called.
MARIA CAFFYN . I am the prisoner's daughter, by former wife—I believe he is fifty-nine years old—he has been up to a certain period a very good and affectionate father, and was of a quiet disposition—for the last six Of seven months I have observed an alteration in his demeanor and habits—he did not talk so much, and he used to come into my mom, and walk up and down the room, without talking—that had not been his usual habit—his spirits were very high, and he was always laughing and talking—about six weeks ago, we thought at dinner-time that he was much better—he was reading the Bible all that morning—we took him some rice pudding, and said, "Come, hate a little rice pudding; put that book down, and you will be better after "—we tried to give it him once or twice—he seemingly shrunk back—I said, "Come, father, have a little rice pudding"—presently he snatched it out of my hand, and devoured it in two minutes—he threw the plate down at the bottom of the bed, and tried to get hold of me, but I shrunk back—on the Saturday in question he said his dinner was neither hot nor cold—on the day before, he asked me to taste some jelly—I took a spoonful—he said, "Now take another"—I
took another—he said, "You dare not eat it all"—I said, "Yes, if I knew it would do you good, but it won't"—! put the glass down, and he bullet aid, "Maria, you won't take another? "—he did not tell me the reason why—I was in the room with Mrs. Caffyn when this matter began—I did not know that the poker was on the fender—I was up stairs all that morning—he was sitting shut in the room about five minutes alone with me—he said, "Maria, she is going to swear against my life"—that was the first time he had hinted anything of that kind. to me—I had dose nothing whatever to provoke him—I did not see him take up the poker—I heard a scream from Mrs. Caffyn, and flew to the door, and as soon as I was there she was—we both ran away—William Sanderson had the care of my father.
WILLIAM SANDERSON . On the day this happened I was at the prisoner's house—I had been sent there by the authorities of the parish, I think, on the 4th of Dec, to take charge of him—I had been there five days and nights on the evening that I left—when I saw him first he appeared to be melancholy—he had a strait-waistcoat put on when I came—I assisted in putting it on—I thought it was necessary—I had reason to believe that he was capable of doing mischief if left to himself—I have had charge of several lunatics—I do not believe he was in a sound state of mind when this happened—I was down at my dinner at the time—I rushed up stairs, when he was striking his wife, the poker broke, and the pieces fell right over my bead—I seized him—he was violently excited—some two or three days before this, he had asked me to throw him out of the window.
NOT GUILTY, being insane.
Second Jury, before Mr. Recorder.
391. JAMES GOLDSMITH was indicted for feloniously forging and uttering an acquittance and receipt for 6s. 6d., with intent to defraud Francis David Lewis.—2nd COUNT, with intent to defraud her Majesty's Postmastergeneral : also, for embezzling 6s. 6d.; the monies of Francis David Lewis, his master: also, for obtaining 1 half-sovereign, 5 shillings, and 2 sixpences, by false pretences, from T. S. Richards ; to all of which he pleaded
GUILTY . Aged 20.— Confined Two Years.
392. CHARLES JOHNSON was indicted for feloniously breaking and entering the dwelling-house of Jane Williams, on the 17th of Dec, at St. Luke's, Chelsea, and stealing therein 1 spoon, value 2s., and 1 box-cover, 2s.; her goods: and that he had been before convicted of felony.
LYDIA KIRK . I was residing in the house of Miss Jane Williams, No. 14, Blenheim-street, in the parish of St. Luke, Chelsea. On Sunday, the 17th of Dec, I left the house, about two o'clock, leaving no one in it—I fastened the windows and doors, and fastened the back door—I returned about half-past eight o'clock, and received information from Mr. Garbutt, and found him and his son, two policemen, and Mr. Wilson, out next door neighbour, in the house—I went into the back bed-room, on the first floor, where there was a travelling trunk, which I had left, with a cover over it—I found that cover removed—I saw scratches on the trunk, and saw the point of something which had been used, taken from underneath the hasp, by Bertram Garbutt—I had left the tea-spoons in the cupboard of the sideboard, in the back parlour—one had been removed—I found it on the opposide sideboard, with another which I had left there dirty.
Cross-examined by MR. PRENDERGAST. Q. Were you left in charge of the house? A. have an apartment in it—Miss Williams is out a great deal—the box was in the back bed-room—I had been in that room in the morning
to open the window—the room was not used, it was not kept shut up—the box was standing under the window—I did not observe it particularly—it always stood there, close to another large box—I had to lean on it to open the window—I could not get close to the window without leaning on it the tea-spoon was removed from where I had put it with the other, and where it was always kept—the other was as I had left it—it bad been wood, and a clean one had been placed with it—I fastened the back window myself with the snap in the middle, before I went out on Sunday morning—there is no shutter to it.
CHARLES GARBUTT . I am a turner, and live next door to Miss Williams. On Sunday evening, the 17th of Dec., about half-past six o'clock, I went into my back garden, and on returning to go in doors, I observed a light in the prosecutrix's back room, first floor—I knew that, the house had been left with no one in. it, and after looking about for a minute or two, I saw two men close to the window—I endeavoured to discern their features—I did see one of them, it was the prisoner—after inserting them for two or three minutes, I went into my house, called my son, went into the street to No. 13, called Mr. Wilson, and test my son and him to the back of the house, through Mr. Wilson's house—after giving them sufficient time as I thought to secure the back, knocked at the front door of Mist Williams's house—I received no reply—after a short time I heard a cry of "Thieves" at the back—my son then came through Mr. Wilson's house, and told me they were endeavouring to escape by the back garden—I then west. down to the end of the houses, and sent my son to the end of King-street, where there was another outlet—in a minute or so I heard a cry of "Stop thief "—I ran, and found the prisoner in the custody of my son and the policeman—I did not see the other man.
Cross-examined. Q. You do not mean to say you saw the persons distinctly A. Yes, they had a light between them, and the prisoner's face must have been a few inches from the window—I believe it was a candle they had, but it was not held high enough for me to see whether it was a candle or lamp—I was between six and eight yards from the window—I think they were too busily engaged to see me—they were stooping down and getting upright, and two distinct times I saw the prisoner's face close to the glass, at least within a few inches—it was for a very short time, probably for half a minute, or not quite so much—that was all the opportunity I had of observing him—I had never seen him before to my knowledge.
BERTRAM GARBUTT . I am the son of last witness. On Sunday evening, the 17th Dec, I was called by my father, and went with him to Mr. Wilson's—I then accompanied Mr. Wilson through his house, got on the wall, and saw two men standing just inside the back door of the prosecutrix's house—one had a candle—I cannot say which—I saw the prisoner's features—they blew out the candle, or extinguished it, in a short time, and both ran along the garden, jumped up on a closet at the end, and went over into one of the adjoining yards, along King-street—I hallooed, "Stop thief"—I returned through Mr. Wilson's house on seeing one escaping over the wall, at my father's request I went round into King-street, and there saw the prisoner in the act of getting over the wall—he jumped or came down from the wall—there is a passage into King-street through one of the houses—I think he observed me, for he made a thrust at me when he got to the end of the—I was waiting at the end for him—he could not have escaped that way except by passing me I jumped on one side to avoid his blow, and struck him dn the arm with a stick I had—he ran away, and I after him, crying out, "Police" all the time, and "Stop thief"—he partly turned round, and I struck him over the head with
my stick—I was close behind him—he ran away again, and stopped of his own accord in Manners-street—I there saw a constable—I defied him to proceed any further, and the constable came up, and took him into custody—when I came back I went into Miss Williams's house, and into the back room first floor—I saw the box there—the cover was lying on the bed—there were marks of endeavouring to open the lock—I examined it, and found a piece of steel underneath the hasp—I picked it out with a pen-knife, and gave it to the constable next morning.
Cross-examined. Q. The persons must have come out at the back door? A. Yes, I saw them come out—it was open when I saw them in the passage—it opens into the garden—I was on the wall—my attention was attracted by seeing a light at the back door—the front door was shut when I was there—I afterwards looked at the back door, and window—there were no marks of breaking that I saw—I looked pretty closely.
JAMES SHUTTLE WORTH (police-constable V 144.) On Sunday evening, the 17th of Dec, I was in Manners-street, and heard a cry of "Stop thief" and "Police"—I taw the prisoner running towards me, followed by Mr. Garhutt—he stopped of his own accord—I took him—he said, "What have I done?"—I said, "I don't know"—I took him to the station, searched him, and found on him this jemmy and an old knife—this jemmy is broken, and corresponds With this piece, which was given me by young Mr. Garbutt—I went into the house—I found no marks of entry—I saw scratches on the lock of the box—produce the spoon and cover.
Cross-examined. Q. You saw no marks any where? A. No—when saw the prisoner in the street, I had him in view possibly a minute—he was running very fast, and he stopped—he did not attempt to avoid me at all—, was at the opposite side of the street, at the corner, when he turned down Manners-street.
LYDIA KIRK re-examined. This is the cover that was over the box, and this is the spoon that was removed—when I left the house, I took the key with me—on my return I found the front door shut as I had left it—I am quite certain I pressed it after me when I left—I went out about two o'clock—I went to chapel, and to a friend's to tea—the spoon is quite different from the rest—it is old and plain—there is no mark on it.
GEORGE CHAPMAN . I am a servant out of place. I was formerly in the police V division of police, No. 131. I produce a certificate of the prisoner's former conviction, from Mr. Clark's office—I was present at the trial in 1841—he is the person—he was tried in the name of Joseph Thompson, for a plate robbery—(read.)
MR. W. W. COPE, Governor of Newgate. I know the prisoner perfectly well—he was in my custody at the time mentioned, and went to Guildford gaol for twelve months.
GUILTY . Aged 22.— Transported for Ten Years.
HENRY STURGES. I am a silver-spoon finer and polisher, and have been three months in the employ of John Lyas and Son, and live in Lower Symmond's-street, Sloane-square, Chelsea. The prisoner was also employed to polish plate—he worked in the same shop with me—on the 23rd of Dec, about nine o'clock in the morning, several persons, including myself and the prisoner, were at work in the shop—I saw the prisoner go from where he was at work over to the fining skins, which were in charge of another workman, where he had no right to go—I suspected and watched him—he took a spoon,
passed it into the skin, took from there some silver, and put it into a piece of brown paper—I turned my head, so that he might not think I was watching him—he passed from there to his wheel, where he was at work, and then put it into his pocket—the skins are used to preserve the fine filings from the metal from falling on the ground—they are used in the polishing and shaping of spoons and forks—this skin belonged to a man who was gone to his breakfast—I went into the counting-house, gave information, a policeman was sent for, and he was taken.
cross-examined by MR. PAYNE. Q. How many people were there in the shop? A. About four, sitting in a line at work—the policeman came in about a quarter of an hour—the prisoner was in the shop all the while, and the other men—his lathe was not above two yards from the place where he went—I never had any words with him—we were always on good terms.
WILLIAM BATEMAN . I am clerk to Messrs. Lyas and Son. The prisoner was employed as plate-polisher—he had no right to have filings—there are skins for receiving the filings underneath each man's board—Sturges gave me information—I immediately informed Mr. Lyas, who sent me for a policeman—the prisoner has been some time in the employ—latterly his wages have averaged 1l.; a week.
Cross-examined. Q. Sometimes more, sometimes less? A. Yes, from 14s. to 1l.;—I believe he has been two years there—I have only been clerk there since May—I only know that the filings are similar to ours—they are worth about 3s.
HENRY STURGES re-examined. I was there when the policeman came—directly I informed the clerk, Mr. Lyas came out of the counting-house, and stood by the side of the prisoner the whole of the time—he had no opportunity of removing anything from the wheel.
HENRY DEAN ( police-constable G 16.) On the morning of the 23rd, about half-past nine o'clock, I went to the shop of Messrs. Lyas—I searched the prisoner in the shop—in his pocket there was a very small remainder of fine grains of silver, and just above the wheel where he should be at work, in the corner of a shelf, I found this silver—he was very near the wheel at the time, looking at me when I was searching—I said, "I believe this is the silver; this is a very bad job"—Mr. Bateman said, "Yes"—the prisoner said nothing—he knew of the charge.
Cross-examined. Q. Will you swear there was any filings in his pocket? A. Yes—a very small quantity—a few grains, not sufficient to produce—it might be from his fingers—there were none in the other pocket—the spoon was his own property—it was found in the pocket where the silver grains were.
MR. BATEMAN re-examined. The business is carried on in the name of John Lyas and Son, but the whole of the property is Henry John Lyas's—he pays me
NOT GUILTY .
394. HENRY SIMCOE was indicted for stealing 2 coats, value 5l.; 2 pairs of trowsers, 2l.; and 2 waistcoats, 1l.; the goods of Joseph Pritchard, in the dwelling-house of William Gray": and ROBERT SIMCOE , for feloniously inciting him to commit the said felony and also for receiving the property, well knowing it to have been stolen; against the Statute, &c.: to which
HENRY SIMCOE pleaded GUILTY . Aged 22.— Transported for Seven Years.
be sent home on Saturday, for the purpose of attending a funeral—I think they represented themselves as brothers, I will not be certain—at the time appointed, the 16th, I took two coats, two waistcoats, and two pairs of trowsefs, to No. 12, Platt-terrace, St. Pancras-road, between eleven and twelve o'clock—I knocked at the door—it was opened by Henry—(it had been agreed when I took the order that I was to have the money on delivery)—he was dressed in a very slovenly style, with no handkerchief or hat, and, I think, no waistcoat, and in his slippers, as if he had just got out of bed—he took me into the back parlour, and, after a few observations, took up the garments, one by one, and very deliberately threw them across his arm, having previously inspected them—he said, "Sit down, I will step into my brother's room and fit them on"—he shut the door, and went into the passage—my suspicions were immediately aroused—I opened the door, and in half a minute heard the street door close—it was a very short distance from the room I was in—I immediately went out into the passage, met the landlady on the kitchen stairs, and made an inquiry of her—I opened the street door—not a minute had elapsed, but he was out of sight—my little boy was outside—he had followed me unknown to me—I went home, and found Robert was in custody, with one suit of clothes—Henry was not in custody for several days after—I have recognised the second suit of clothes at the pawnbroker's.
ALFRED PRITCHARD . I am thirteen years old. On the 16th of Dec. I went, by my mother's direction, after my father—he went into the house in Platt-terrace, and n about two or three, or perhaps five minutes, I saw Henry Simcoe come out, carrying some black clothes across his arm—he had a very shabby coat on, and no hat—he went into Brighton-street—I lost sight of him as he turned the corner of a court—I watched the door of a house in Brighton-street, which was open—a young man spoke to me, and in about two minutes I saw the two prisoners come out of the house—they each had a bag, apparently with something in it—Robert carried a blue bag, and Henry a black one—one took the direction of Cromer-street, and the other turned down a court—Robert came up to me—he said nothing—I said, "Stop thief' and he threw the bag at me—I called after him, and saw him stopped—he was taken to the station—Henry got away at that time—I delivered this blue bag to the policeman.
Robert Simcoe. I did not throw the bag at him; he took hold of it, and hallooed out, "Give me my father's clothes," and I let go of it. Witness. He threw it towards me.
JOHN CORBETT . On the 16th of Dec, between half-past eleven and twelve o'clock, I was in Brighton-street, and saw the prisoner Henry turn the corner, with the clothes under his arm—I lost sight of him—I saw the last witness looking about—in a few minutes I saw the prisoners, I believe, come out of a house—Robert is the one who first came out—he had a blue bag with him—I saw the last witness with the bag—whether Robert threw it at him or not I cannot say—the prisoner Henry came out of the same house—Robert went back from the boy, and said to him, "Go back, you fool"—they both ran down the street in different directions—I afterwards saw Robert in custody.
FRANCIS HARDEN (police-constable E. 88) I stopped Robert—he said, "It is not me, it is the other one had the clothes"—I received a blue bag from this boy at the station, containing a black coat, waistcoat, and trowsers.
GEORGE JOHN RESTIEAUX (police-constable E 49.) I apprehended Henry—I told him it was for a robbery at Mr. Pritchard's, and I had been told that the things had been pledged for 30s.—he said, "That was wrong, they were pledged for 35s., and I tore up the duplicate"—I showed him this letter, and he said, "That is in my handwriting"—it is a letter that was sent to the prosecutor.
JOHN BIGGINS , assistant to Mr. Masland, pawnbroker, Westminster-road. I produce a new black coat, waistcoat, and trowsers, pawned on the 16th of Dec., for 1l.; 15s., by the prisoner Henry, in the name of Henry Simcoe.
FRANCES GRAY . I live at Platt-terrace, Somers-town. The prisoners both lodged in my back parlour—on the morning of the 16th of Dec. I heard a knock at the door—Robert was out at the time—he had left the house about ten minutes or a quarter of an hour before—Henry was within—they had no other room in my house.
Robert Simcoe's Defence. I was disappointed in having some money which I expected to pay for these clothes; on Saturday morning I went out on business; I left my brother at home; he knew where I was going; I left him to make excuse to the man, and to tell him that he should have the money in a day or two; in half an hour afterwards he came to the house where I was, and said he had got the clothes, and I could take my suit in this bag; he was dressed, but not in the slovenly manner spoken of; he said he was going as far as Smith field, would I go with him; I said I would; when I got out the boy took hold of the bag, said they were his father's clothes, and called, "Police;" I turned round to ask what he meant, and saw my brother running away, I followed, and the policeman took me.
ROBERT SIMCOE— GUILTY . Aged 24.— Transported for Seven Years.
OLD COURT.—Thursday, January 4th, 1844.
395. EDMOND RISLEY was indicted for burglariously breaking and entering the dwelling-house of Elizabeth Lang, about three in the night of the 1st of Jan., at St. Leonard, Shoreditch, with intent to steal; to which he pleaded
GUILTY . Aged 21.— Transported for Ten Years ,
396. JANE THORNBURY the Younger, was indicted for stealing 1 ring, value 5l.; 5s.; and 84 yards of silk, 14l.; the goods of Jane Thornbury and another: 1 gown, 3l.; the goods of Jane Batty, in the dwelling-house of the said Jane Thornbury, and that she had been before convicted of felony.
JANE THORNBURY . I am single, and keep a haberdasher's shop in High Holborn. The prisoner is related to me—she was staying with me about the latter end of Oct. or the beginning of Nov.—she left on the 10th of Nov.—I afterwards missed a diamond ring and some silk—this is the ring—(produced) and this silk is mine—I know it by the colour, the selvidge, and the quality—it was. marked, but the mark is taken off—it exactly corresponds with what I had—it was kept up stairs in the warehouse—the ring was in a small box, on the glass, in the bed-room—Jane Batty is an assistant in the shop—I pay the rent of the house, and live in it—it is in the parish of St. Giles's-in-the-Fields.
WILLIAM PETHEBRIDGE . I am in the employ of the executors of Mr. Hedges, pawnbroker, Drury-lane. On the 28th of Oct. I took this diamond ring in pledge—I have reason to believe of the prisoner—I do not swear to her—I gave her a duplicate.
GEORGE NUTT , shopman to William Brown, pawnbroker, Ryder's-court, Leicester-square. On the 7th of Nov. this black silk was pledged with us—to the best of my belief by the prisoner—I cannot say positively—I gave a duplicate for it.
JAMES SCHOFIELD , shopman to Mr. Hall, Piazza, Derby. On the 15th of Nov. some black silk was pledged with us by the prisoner, in the name of Green—I can positively swear to her—on the 18th she pledged some more in the name of Elizabeth Hammond—I cannot swear she pledged that.
GEORGE WESTON (police-sergeant.) On the 15th of Dec. the prisoner was given into my custody at Manchester—I have three duplicates, which I got from the superintendent of police at Manchester, in the presence of the prisoner—I asked her whether they were the duplicates taken from her box—she said they were, and were her aunt's property, that she pledged at Derby.
Prisoner's Defence. I took the thirty-six yards of silk and pledged it, but not the ring.
GUILTY . Aged 26.— Transported for Ten Years.
Before Mr. Baron Rolfe.
THOMAS PIKE , plasterer, 8, Chapel-place, Chapel-st., Pentonville. On 27th of Dec. I and my wife were standing at Battle-bridge, at the end of Bagnigge Wells-road—I was a few yards from her, when the prisoner came up, and took her round the waist—she put her hand up to put him away, and he took hold of her a second time round the waist—I came up, and told him if he pleased to walk on, for that person belonged to me—he did not go away at the time, so I pushed him on one side—with that he struck me—we closed together, and fell down, the prisoner uppermost—as I lay on my back I received a blow on the left side of my face, which caused a wound—I received a wound in the right ear, and like wise in the neck, but how it was done I cannot say—I was taken away, and taken to Mr. Griffiths, a surgeon.
Cross-examined by MR. CLARKSON. Q. Your wife was looking into a picture-shop, was she not? A. A stay-shop—he took no indecent liberty with her—he was in liquor.
LUCRETIA PIKE . I am the prosecutor's wife. On the afternoon of the 27th Dec. I was standing at the end of Bagnigge Wells-road—the prisoner came, put his arms round my waist, and said, "How are you to-night, my dear?"—I threw my hand at him, and desired him to go on about his business, I had nothing to say to him—I went towards my husband, who was a few yards from me, as fast as I could—the prisoner followed me close, and attempted to touch me a second time—my husband then gave him a push from me—the prisoner took him by the collar, and struck him, and they fell together—I saw nothing more of him till he was taken from the crowd, covered with blood—he was taken to a surgeon's.
Cross-examined. Q. Did you observe whether the prisoner had anything in his hand? A. I saw nothing—he did not fall from a blow from my husband—I think it was through the mud being so thick and dirty—they both fell—the prisoner did me no injury—he appeared to be very tipsy.
WILLIAM GRIFFITH , surgeon. On the 27th of December, about a quarter past nine o'clock, the prosecutor was brought into my shop, bleeding from wounds on the face, ear, and neck—I dressed them—he has been to my place,
I think, three times since—my assistant attended to him—I saw him—the wounds were not of a serious character, nor likely to leave any permanent mark—the ear was divided a little, it barely penetrated through the skin, and the face was cut—I should say it had healed—that on the face was a cut, and must have been done by pressure, by some substance—it had penetrated barely half an inch.
Cross-examined. Q. Would not a wound of anything like half an inch have gone right through? A. Certainly not—I anticipated no injury from the beginning—I strapped it, and that is all.
JURY. Q. Might not such a wound hare been occasioned by a fail against the edge of the curb? A. The wound in the face might, but not the other.
JOHN MASTERS . On the 27th of December I was at the end of Battlebridge, and saw the prisoner lay hold of Mrs. Pike round the waist—Mr. Pike then came up and pushed the prisoner away—with that the prisoner lunged at him—in two or three moments the prosecutor was down, and while he was on the ground the prisoner made two or three stabs at him with a screw-driver—I saw it—I pulled him off the prosecutor, and told him that was not a fit instrument to use—he said, "Let me finish the job, as I have begun it"—I said, "No, not with that instrument," and took it out of his hand—he came up and wrestled with me for two or three minutes, trying to get it back from me again—while wrestling the policeman came up and took him into custody—I had the screw-driver in my hand, and gave it to the policeman.
Cross-examined. Q. What are you? A. A shoemaker—I work for my father—I wrenched the screw-driver from the prisoner's hand—I did not ask him if he had any objection to sell it—I said, "Sooner than you should use that instrument I would give you half-a-crown to give it to me"—I had half-a-crown—I did not offer him 1s. for it, nor 15d—I do not believe a word was said about selling it—I cannot say, as there was so much noise—he did not several times refuse to sell it to me, saying it was the screw-driver he used in his trade—I swear that—I did not get it from him on pretence of buying it—I was dodging about Battle-bridge with it—I have worked at shoemaking about three years altogether, not always with my father—I have worked for Mr. Jones, of Northampton, and Mr. Lamsden, of Corporation-row—about seven years ago I was in custody foran assault on a policeman—I bit his thumb—he was going to take me into custody for having words with my father—I was not tried—I went to the office, and was fined 10s., or seven days—I had the seven days—that was the first time I was ever in custody—I was in custody about two years and a half ago, on suspicion of taking a purse out of my master's coat—I was discharged—I have never been In any other trouble—I have lived and slept at my father's regularly for the last three years.
JOHN ARCHER (police-constable G 8.) On the 27th of Dec. I saw a crowd at Battle-bridge, went up, and saw Masters and the prisoner struggling together—there was a cry that he had stabbed a man, and I took him into custody—Masters gave me this screw-driver, saying, "Here is the chisel he did it with"—the prisoner turned and said, "No, it is not a chisel, it is a screwdriver"—I gave him to another constable, and went with the prosecutor to the surgeon's.
Cross-examined. Q. Where did you first see the screw-driver? A. In Masters's hand—I did not see him take it out of his pocket.
MR. GRIFFITH re-examined. The wound might have been inflicted with this screw-driver.
Cross-examined. Q. If the man, drunk as be was, had used that jobbing with all his violence, must he not have inflicted severe wounds? A. I should say so.
JURY. Q. Were the wounds inflicted by three distinct blows? A. By two—the wound on the side of the face was on the opposite side to the ear—they might have arisen in a struggle, particularly if the tool was in the man's hand.
HENRY WEBB ( police-constable G 106.) I received the prisoner from Archer, and took him to the station—as we went along he wished to get back again to the prosecutor—I said it was a pity he was so violent as to stab the man in his face—he said, "I intended it for his eye"—I had said nothing to induce him to say so—he was struggling to get away from me—I said, "It is a pity you were so violent as to stab the man in the cheek with such an instrument as a screw-driver"—he said he meant it for his eye, for he had stolen his tool—he swore.
Cross-examined. Q. Did he say "D—n his eyes" two or three times over? A. He said so once—"D—n his eyes, he stole my tool."
(The prisoner received an excellent character.)
GUILTY of an Assault. Aged 29.—Recommended to mercy.— Confined One Month.
Before Mr. Justice Erskine.
398. JAMES HARVEY SMITH and SAMUEL SMITH were indicted for burglariously breaking and entering the dwelling-house of Luke Wootton, about three in the night of the 24th of Nov., with intent to steal, and stealing therein, 2 clocks, value 6l.; 31 spoons, 1l.; 13s.; 58 knives, 2l.; 14s.; 58 forks, 2l.; 1lb. weight of cigars, 10s.; 1lb. weight of tobacco, 3s. 6d.; 1 table cloth, 2s. 6d., his goods.
MR. BALLANTINE conducted the Prosecution.
LUKE WOOTTON . I keep the Merry Carpenters, in Old-street, St. Luke's. On Friday night, the 24th of Nov., I went to bed about half-past twelve o'clock I fastened up the house myself—I had two clocks, one in the bar, and one in the parlour—I had six silver tea-spoons, one silver table-spoon, sugar-tongs, two boxes of cigars in the bar, fifty-eight knives, fifty-eight forks, some tobacco, and a tablecloth, the greater portion or all of which were safe on I the preceding night—I called up the servants at half-past six next morning—one of them made a communication to me—I came down, and found the house had been broken into—the servant is not here—there is a wall running down by the side and back of my house, separating it from Tilney-court—I found a hole had been cut in that wall, large enough to admit me through—they had then cut some holes through the pannel of the back-door with a centrebit, sufficient to put a man's arm through and unbolt it—I found that door open when I came down—I have known James Harvey Smith by sight a very short time—I know he lived down the court, but do not know exactly the house—when I came down in the morning I missed all the articles I have stated.
Cross-examined by MR. WILDE. Q. Did you ever see either of the prisoners at your premises? A. Never—I have a son, who has caused me great distress—he has not been transported—he has been charged with stealing a pewter pot—he is living with me, and was at this time.
MR. BALLANTINE. Q. Was he in the house? A.
house, but does not live there—it is three years since that he stole the pewter pot—he has been working with me ever since, and has conducted himself with every propriety.
JOHN BRITTAIN , general salesman, No. 73, Bethnal-green. On Monday evening, the 27th of Nov., between eight and nine o'clock (about half-past eight I should say) the prisoner, James Harvey Smith, came to my shop, with a large carpet bag, and asked if I would purchase a spring dial—I said, "No"—he said, "I should not come to you, only that the pawnbrokers are closed, and I am too late for them"—he said he was in trouble, he expected a distress and execution, or some words to that effect, and that he wished to make up money—I said, "Where can I see the clock?" thinking that I had seen him somewhere in the neighbourhood—he said, "I have it with me, in this carpet bag "—he said he had broken the glass—he laid the bag on the counter, and I assisted him in taking the glass out, before we could remove the dial—I looked at the clock, and asked whether it was his own—he said, Yes "—I asked how long he had had it—he said, "Four years"—that it cost him 3l.;, and he would take half the money for it—I said, "It is a very old-fashioned clock, will it go?"—he said, "Yes"—I said, "Then you have no objection to my hanging it up?"—he said, "None at all," and assisted me in putting on the pendulum—in hanging it up I did not see the nail, and asked my wife, who was standing by my side, to bring a candle, which she did, and handed it to the prisoner—he held it at my right hand, and she stood by my left—I was on a stool, or old chair—after I hung the clock up, I said it was more than I could possibly give for it, I would give 13s., if that would be of any service—he said such a sacrifice as that was enough to make a man strike his own father—I said I could not help it, it was an old thing, the glass waa gone; it would cost me a sovereign to make it right, and I could not give as much as if it was in perfect order—I assisted in putting it into the bag again; and as he was taking it away, I said, "Well, I will make it another shilling, if that will do"—he refused—in about a quarter of an hour he returned with the clock, and said be found that no one would give him what I had offered, and therefore I must have the clock—I gave him four half-crowns and four shillings for it—he left the clock with me—I said I was not in the habit of buying goods at the door, of strangers, and would he oblige me with his name—he gave me," William Nichol, 32, Green-street," which is all in a line with my own street—I entered it at the time in a book, which the constable has—I have since been to that address with the officer, and found no such person living there—the only party I could find in Green-street was his uncle, Mr. Calvert—after purchasing the clock, I put it behind my counter—I "was shutting up at the time, and after closing took it under my arm to my brother's, in Whitecross-street—I left it there, and he afterwards sold it to Mr. Watson, in the City-road—I am sure this now produced is the same clock—I swear positively to it—I have the winder here—I did not try this at the time I made the purchase, but after he was gone, and I found it would not fit this clock—he left the winder with the clock—I did not give my brother the winder—I kept it and delivered it to Shipley the officer—I know the clock by its general appearance, its old fashioned state, and the dial is partly obliterated which I observed to him at the time—I mean the numbers, not Mr. Wootton's name, for I had not time to examine that at the time, as I was shutting up—I examined the works, but not minutely—here is the hole by which I hung it up—I did not see the clock after it got into Mr. Watson's possession, till it was shown to me at Worship-street—Watson is not here nor my brother—I was charged with having purchased this clock, and I then gave a description of the person I had purchased it of—on Monday evening, the
4th of Dec., I saw the prisoner James pass my shop—I followed him about six or seven houses from mine, when I was getting towards him suppose he saw me, and after he had crossed the road, he went in different direction to what he had been going—he went towards Bethnalgreen, and returned again—I went up to him, caught him by the arm, am said, "You are the person that sold me the dial on Monday night last'—he said, "I never had a clock or spring dial of any kind to sell "—that was the name he gave it—I mentioned both clock and spring dial to him—he said, "No, I never had a clock," and I said, "The spring dial"—he said no—I said, "I am certain you are the man"—he said, "I am not"—; then said, "Well, will you have the kindness to walk over, and my wife will see you?"—he did so—when in the shop I called my wife, and said to her. "Have you any knowledge of this person? "—she immediately said, "Yes, I have, you are the person who sold a clock to my husband last Monday night'—he said she was quite mistaken in the identity—I then sent for a constable, and gave the prisoner into custody—this carpet bag produced by Moore I believe to be the one the prisoner brought the clock in—I am certain as to the blueness of the pattern—there was a padlock on it when he brought it to me which he unfastened with a small key that he had—the padlock was fastened on to this little loop or book.
Cross-examined. Q. I believe you never saw either of the prisoners before? Why I have a knowledge of James Harvey Smith—I stated to Mr. Bingham, the Magistrate, that I had a knowledge of his person, and I was almost certain I could find him—I said so at the time I was discharged—Mr. Bingham said, "Have you any knowledge of the person?"—I said, "Yes, I have"—I took him to be a different person—I took him to be a professional gentleman who had bought goods, or something at my shop window, and I had a strong impression it was this medical gentleman, but when I came to ascertain and see this party I found it was not.
Q. Then you saw a person who resembled this man before? A. Yes—I thought he was a medical gentleman—I have since ascertained where the prisoner lives—it is about a mile and a half from my house—before this purchase I thought I saw a person resembling him pass and repass frequently as I was at my window, a great deal of my business being done in the open air—I deal in unredeemed goods, furniture, and other articles—I am not a marine store dealer—I subsequently sold this clock for 1l.;—I have no receipt of the sale—it was sold through my brother—I do not know that it was sold for 4l.;—it was sold to Mr. Watson on the Wednesday—my wife assists me in the business—I have no assistant—she is not constantly in the shop—she was not in the shop when the prisoner came in with the clock—she heard a remark pass from him which brought her forward—she was in the parlour adjoining the shop—the door leading into the shop was shut, but there is another door in the passage which was open—she came out three or four minutes after the prisoner entered—he spoke loud enough to be heard in the parlour—it is a glass door—I have always spoken with the same certainty of the prisoner—I described him to the officer as having little hair, and the night he was taken he had a great deal of hair hanging down over his eyes—the night I made the purchase he had very little hair to be seen—his hat was on—I described him as having sandy whiskers, and rather light hair—that means a dark brown—from what little I could see of it I should say it was brown—I think my wife saw me try the winder to the clock, but I will not be certain—she was in the shop assisting me to clear away, but it was after I got in the goods that I tried it—I do not think she was there—she knew of my being charged with receiving this stolen clock—she was not in the shop on the 4th
of Dec. at the time I saw the prisoner pass, but when I brought him back I called her out—she was not aware that I went out of the shop when I did—I had a person from the opposite side talking to me at the time, and I said to him, "Look after my window, there is a person I want to nail "—it was a young man in the service of Mr. Waring, a broker—he is not here—he is called William—I do not know his other name—when I brought the prisoner back, I asked my wife if she had a knowledge of this person, and her answer was "Yes, it is the person who sold you the clock on Monday last"—I did not say to her, "Is not this the person of whom I bought the clock of on the 27th?"—I swear I used no such words—she was aware I was on the look out for the person—I had been out every night since I had been liberated—I was not liberated on condition of finding the person—I was discharged on my own recognisance to appear on the Thursday following, and in the meantime I took the prisoner—it was not intimated to me, on my release, that I was to find the person—I said I would endeavour to bring him forward, at I thought I had a knowledge of him from passing and repassing—Mr. Bingham said, "As you think you know the party, it will be for you to bring him forward"—I did not say I would bring him forward on the Thursday, I swear that—I said if there was a possibility of my finding him I would do it—I did not say there was a possibility—I said I had a knowledge of the person; he might have bought books at the window, or made purchases, I had a slight knowledge of his face, and through that knowledge I bought the clock—I believe what I stated before the Magistrate was taken down; I do not know as to the latter part—when I gave my evidence it was taken—I signed it—(looking at his deposition)this is my signature—it is my statement on the first occasion—(the witness's deposition being read, stated, "One of the bags produced by Moore is like the bag the prisoner brought the clock in")—I am sure I stated to Mr. Bingham that the bag was a blue one—I do not know why it is omitted there—the depositions were read over to me, and when I heard the word "like" the bag, I did not make any remark, because I considered they supposed that enough—I was not satisfied at the time, and I believe I did make a remark to some one; I do not know whether it was to one of the parties in the deposition-room, or the clerk; I think it was to the clerk—I said that I was certain as to the carpet bag, not to my belief—I will not say it was to the clerk; I believe it was to one of the officers or the clerk; I know it was to some one in the room, or it might have been to Mr. Wootton; I will not be certain who it was—I stated to Mr. Bingham that I had a previous knowledge of the person, that he might have bought hooks at my window, and that it was from having that knowledge I bought the clock; indeed, when I asked where I could see the clock, I thought he would tell me somewhere in the neighbourhood—I did not know he had it with him—that is omitted in the deposition,—I do not recollect that I made any complaint of that.
MR. BALLANTINE. Q. Do you now believe that you had ever seen the prisoner before the evening of the 27th of December? I have every reason to believe I had—it was at my own examination that I told Mr. Bingham about my previous knowledge of the person, not at the examination of the prisoners.
ROSINA BRITTAIN . I am the wife of last witness. I was at home on the evening of the 27th of Nov., and saw a person with a clock—it was the prisoner James Harvey Smith—I was in the parlour, at needle-work, when he came in—my husband was talking to him—I saw them through the glass of the parlour door—I came into the shop on bearing the words "trouble"
and "distress"—when I got into the shop they were talking together—I did not notice the conversation particularly, but I know it was that he wanted my husband to buy a clock—I went into the parlour for a candle, and they hung it up—I held the candle in my hand till, I think, the prisoner took it out of my hand, in hanging up the clock, to show the hook—I saw the prisoner leave with the clock in a carpet bag—I did not notice the pattern of the bag, and cannot say anything about it—he came back in about ten minutes—I saw him return, I had not left the shop, and my husband purchased the clock for 14s.—I saw the prisoner again that day week, when my husband brought him into the shop—I have no doubt about the prisoner being the person who brought the clock.
Cross-examined. Q. Had you ever seen him before? A. Not before he came with the clock—I had been in the parlour, working, for about an hour—I only remained there two or three minutes after the person came in—the words "trouble" and "distress" brought me out; seeing a respectable looking person, I wanted to know what it was—the words were, "trouble and execution"—I remember one remark the prisoner made when my husband offered him a sum which he did not think sufficient; it was, "Oh dear, it is enough to make a man strike his own father"—I have often talked this matter over with my husband; we have been in a great deal of trouble about it—I do not think we have asked each other about what the prisoner said—my husband has not asked me if I remembered the expression, "It is enough to make a man strike his own father"—he did not remember the words, and I did—I do not know that I told him that expression was made use of; I might have done so—I do not know that he told me he did not remember those words; he may have done so, I really cannot remember—he did not speak of it; I certainly did mention the words to him; I do not know when; I suppose it was at the time it happened—I do not remember his saying, "Very true, I remember well that he did say so"—on the 4th of Dec. my husband did not tell me to take care of the shop before he went out; it was that that so surprised me, because he always does tell me when he leaves the shop—when he came back he called me—I went into the shop directly, and the prisoner was standing with his back towards me—my husband said, "Do you know that person?"—I looked, and said, "Yes, I do; it is the gentleman that sold you the clock this night week," or "a week ago," I might have said—I was aware he was looking out for the person, because he had promised the Magistrate he would do his best endeavours—I did not hear him say so, as I was not there, but he told me he was going to see if he could find the man.
ANN BAIZE . I live at No. 2, Tilney-court. The prisoners occupied a parlour in my house, underneath my room, since September—on Friday afternoon, the 24th of Nov., about four or five o'clock, I was coming down stain—their room door was open, and I saw them both there—I saw them no more that evening—I went to bed near upon twelve o'clock—I slept in the room over them—I was disturbed during the night, by hearing persons going in and out, a great deal, from the hours of two till four—they came from the parlour—the street door is on the same floor as the parlour—I did not hear that door opened—it is generally open all night.
Q. Then how did you ascertain that persons went in and out? A. By hearing their footsteps to and fro—there were no other lodgers on the parlour floor but the prisoners—it is a three roomed house, one above the other—the parlour formed the entire floor—none of the footsteps passed up stairs—they ceased about four o'clock, as near as I could form any idea—between eight and nine in the morning I saw James Harvey Smith at the dust-hole—I said,
"Mr. Smith, I am rather surprised that you did not hear or see something of it, for you were in and out all night"—he made no answer—I had then heard of the robbery—I came down to the place where the wall was broken through—it is about seven or eight yards from the house to the dust-hole, and about eight or nine yards from the house to the hole in the wall—I did not see the other prisoner that morning—in the course of that afternoon, as I was sitting at my work, there was a great smell of smoking of cigars in their room—I had noticed the smell of tobacco before—I did not see what they were smoking—Samuel Smith came home on the Tuesday, as James was taken on the Monday—I do not remember the day of the month—it was more than a week after the robbery—I bad seen them in the meantime working together, not every day—I was at home all day on Friday, the 24th—I cannot tell whether either of the prisoners went out that afternoon—I heard neither of them goout till I was gone to bed—I should think the footsteps I heard were of one person, by the sound of them, and only one.
Cross-examined. Q. You were examined before the Magistrate? A. Yes—what I stated was taken down in writing—this is my signature—(the witness's deposition being read, stated, "I remember the night of Mr. Wootton's robbery, Friday, the 24th of Nov., and all that night I could get no sleep, by hearing the prisoner and his brother go in and out of the house, which they did a great many times; they could not have gone far, for they were no sooner out than they were in again")—I occupy the middle room—I know the difference between the smell of tobacco and cigars—there is a great difference—I am a children's fancy cloth cap maker—I am—widow—my Husband has been dead two years the 3rd of last July—I was with him when he died—he has been transported—his brother told me he was dead—I did not claim his effects at the time he was transported,; it"wai an Iritn young woman—I cannot recollect when he was transported—I should say it is six or seven months ago, but I can' t recollect the month, for I was not told of it till the Saturday after—I was not here.
COURT. Q. What did you mean by saying had been a widow two years? A. The person I was living with has been dead two years, not my husband.
MR. WILDE. Q. Do you know a person named Crockett? A. Yes—I was living with him when I was married to my husband—I have been subpœnaed here to-day—I saw the officers when they came to my house to search—they asked me if I had heard anything of it and I stated that heard them in and out from two till four on the night the robbery was committed—I told them I heard the footsteps of one—nothing was said about what remuneration I was to have for coming up—some one said that if I was subpœnaed here, I should be paid for my time, leaving my home and family—it was after that I told what I have said—I did not say if I was paid for my attendance I would give evidence—it was after the subpœna was given to me that I was told I should be paid for my trouble—the officers said nothing about my receiving anything for my attendance.
MR. BALLANTINE. Q. When were you served with a subpœna? A. Last Sessions, on the Monday morning, and it was then I was told I should be paid my expenses—I lived with Crockett nine years—during all that time I was living away from my husband—he went away with a young girl, and left me—I did not know that he was tried and transported till it was all over—Crockett died in my presence, two years ago last July.
JAMES BRANNAN (police-sergeant G 20.) On the morning of the 25th of Nov., from information I received, I went with Inspector Shackell to the prosecutor's premises—I saw a hole cut in the wall, about two feet square, large
enough to admit a man—there were several holes cut in the back door—I produce the panel—a hole was cut through large enough to admit a person's arm to reach the bolt—I know the house occupied by the prisoners, No. 2, Tilney-court—from the hole in the wall to their door, I should say, is from twenty to thirty feet—on the 7th of Dec. I apprehended Samuel Smith at the police-court, Worship-street—I told him he was charged with being concerned with his brother, then in custody, charged with burglary—he said he knew nothing at all about it, that he had been stopping with his uncle, in Bethnalgreen-road—I said, "Be careful"—he then said, "Oh, no; I have been part of the time with my uncle at Barnet."
JAMES SHIPLEY (police-constable G 73.) I produce this clock, which I got from Mr. Watson, a salesman, in the City-road, on Wednesday, the 29th of Nov,—I hare had it in my custody ever since—this winder was given me by Mr. Brittain.
LUKE WOOTTON re-examined. I believe this clock to be mine, and this winder I swear to—it does not belong to this clock, but to another which is in my tap-room—this clock came out of the bar—my name is across the dial now, bat it has been attempted to be rubbed out, and there is the name of Thwaites and Co. stamped on the movement—I missed this winder after the robbery—I can swear to it by using it so many years—this little key which is tied to it is the key of the clock-case, and was hanging in this clock door, in the rim, on the night of the robbery—I have not seen any of my other property—the value of all I lost is 20l.;—this winder was kept on a shelf in the bar by the side of this clock—I have still got the winder of this clock.
Cross-examined. Q. I believe both the prisoners were allowed to be out on bail? A. Yes.
Witnesses for the Defence.
JOHN CALVERT , stone-mason, No. 10, Chester-place, Bethnal-green. I know James Harvey Smith—his mother and myself or brother and sister—on the 27th of Nov. he came to my house, between six and seven in the evening, and remained till about a quarter to eleven—I recollect that evening particularly, because I gave him an order for a new pair of boots that night—I ordered him down the night prior—he was with us on Sunday evening, and I told him if he came down on Monday evening I would give him an order for a new pair of boots, which I did, and he brought in his pocket a pair of shoes which he bad had to mend for one of the children.
MR. BALLANTINE. Q. Are you married? A. I am—my wife is very much afflicted with paralysis—she is living with me—we have nine children living—at the time in question my two little ones and my eldest daughter were living with me—my daughter was at home the whole day, and the whole evening—I occupy the whole of the house—I have no servants—my family do the household work among them—no one else was at the house on this evening—the outer door is always kept shut after we leave work, which is generally at six o'clock—there is a knocker, but no bell—I cannot tell who opened the door to the prisoner—I believe it was the little girl, but I should not like to swear it—she was in the room—she is about ten years old—I teach her her prayers, and she goes to a place of worship generally every
Sunday—I am confident I did not open the door—I cannot say with certainty whether my eldest daughter did or not—he knocked at the door, he could not get in without—I cannot say whether he gave a double or single knock—he comes there very often, because he has nowhere else to go—I am the only friend he has in London—he comes sometimes once a-week, sometimes twice, and sometimes three times—he may have come every day when slack of work, perhaps, for a week—I have lived at this place five years—he had not been to me often in the week in question—the 27th of November was on a Monday—he did not come again that week, not till the 1st of Dec.—I never went to his house—I have a brother living at Barnet—the prisoner had tea with us on this evening—we have tea sometimes as soon as we have done work—we were about tea when he came most probably, but I cannot tell—these are things I do not study much—I cannot say whether he had tea with me—he might have bad it after I had gone into the other room, I cannot say—my daughter got tea of course, but whether before or after be came I do not recollect—I went into the other room, and cannot say—I was away, per-haps, three quarters of an hour—he might have had tea in my absence—I recollect having my tea—I think it must have been before he came in—I think tea was prepared before he came in—I should not like to swear to such a thing—he is to frequently there to see us, that I do not take any notice of when be comes, or whether we have had tea or not—we had nothing else that evening—I dare say he had his supper—we supped about ten o'clock, my daughter got it—I cannot tell what we had, whether it was meat and bread, or bread and butter—it was something of the kind—I do not know whether I partook of it or not—it is very seldom I eat any supper—I cannot say whether my daughter partook of it—I do not know whether the prisoner had it all to himself—we had nothing to drink—we never have—he went away after supper—on my bath, I do not recollect whether I sat down to supper, or not—sometimes I sit and smoke my pipe, and they eat their supper themselves—my child did not sit up—she went to bed between eight and nine by herself—I have got on the boots I gave him the order for—he brought them home on the 1st of Dec.—I have provided some of the funds for this defence, and was bail for him at the Police-court—I gave the same evidence there that I have here, about his being at my house—I was swom sod examined—I first heard of his being taken on the 3rd of Dec.—my daughter told me of it—some one bad told her while I was out—I think I saw him at the Police-court on the Wednesday morning, as I heard of it on the Tuesday night—I then gave this evidence about the 27th—I knew nothing about the 27th, except when I came to recollect that I gave him an order for the boots that very evening.
Q. How came you to know there was any particular point attached to the 27th, when examined at the Police-court? A. There was no particular pointthat I know of—the Magistrate asked me if I recollected where he was on the 27th—nobody else bad mentioned the day to me previously, that I know of—I knew nothing of what I was to be called upon to prove till the Magistrate said, "Do you know where he was on the 27th?"—I had no notion of anything particular about that day till the Magistrate asked me that—no communication had been made to me about that day before—I swear that—my daughter told me he was apprehended, that is all—I did not offer myself as a witness—I was not called as a witness—I gave the young man a character, that is all—I had not heard the charge—I heard the charge at the Court, and heard Mr. Brittain give his evidence, and mention the day, and then they asked me if I knew anything about the young man.
MR. WILDE. Q. You attended before the Magistrate to give him a good character, if required? A. Yes, and while there the Magistrate asked me if I knew anything of him in reference to the 27th of Nov.—I have known him since he was a little boy, and he has always been very honest and industrious—I could never wish to see a better young man—I he is a boot and shoe maker—I he has been in London fourteen or fifteen years, off and on—I some times he has been away—I he lived with my brother seven or eight years—I I also know Samuel—I he is a saddler and harness-maker—I he has not been long out of his apprenticeship—I—I he has been in London about ten weeks—he was apprenticed at Bungay, in Suffolk, I think.
COURT. Q. Was what you said before the Magistrate taken down, and did you sign any paper? A. No, except the bail paper—I saw a gentleman writing while I was speaking—I I expect that my deposition was taken down—I do not remember hearing it read over.
ELIZABETH CALVERT . I am the daughter of last witness—I know James Harvey Smith—I remember his being with us on the 26th and 27th of Nov.—I he came on the 27th, about seven o'clock in the evening, as near as I can tell, and remained till about eleven—I he brought home a pair of boots that he had repaired for my sister, and took an order for a pair for my father—I made a memorandum of the work he brought home—I it is my custom to make memorandums of work that is not paid for—I think I have the piece of card here upon which I made it at the time—I it is a piece of card belonging to a pocket-book—(producing it)—I put it down because we did not pay him for his work every time he brought it home.
MR. BALLANTINE. Q. This is a portion of sheepskin, I see? A. Some-thing of the kind—it belongs to this pocket-book or work-case (producing it)—I keep it for the purpose of putting down matters of this description, any thing that happens in the course of the day which I wish to remember—I occasionally put down matters connected with my father's business on this piece of skin—I cannot recollect when I put down any matter of that kind before—the memorandum is, "My sister's boots repaired on the 27th of Nov., the charge for them 6d.;" and here is, "My father's boots were brought home on the 1st of Dec."—I put that down at the time they were brought home—it was necessary for me to do so, because my father was not at home at the time—I believe there is a book of my father's in which entries are made—I give these accounts to my father—I do not keep a book regularly for the purpose of making entries of this kind—I have not access to my father's books—I keep memorandums of my own—I always carry this about with me—I said I thought I had it here, because possibly I might have left it in my pocket at home, as I changed my pocket this morning—I was not quite certain that I had it here when I put my hand into my pocket—I have not put my hand into my pocket to ascertain whether it was there, since I have been here, nor have I been spoken to about it by anybody—I recollect the evening in question well—I have not made any memorandum of any other evening—we had done tea when the prisoner came, and 1 believe the tea—things were cleared away—we had supper between eight and nine o'clock, which is our usual time—we took coffee for supper, which we generally do, and bread and butter and a haddock—we all sat down to supper—my father does not generally take coffee—he sat down to supper—he did not take coffee, nor any haddock, I think—the prisoner sat down with us, and my little sister—I cannot remember who opened the door to him.
MR. WILDE. Q. Have you had any shoes mended since this new order I given by your father? A. No, I do not think we have—I cannot remember—I am sure my father was present at supper.
JOHN BRITTAIN re-examined. An entry respecting the clock was made in a book which I have here—it is not usual to wind a clock up on purchasing it—I hung it up, put the pendulum to it, and it went very well—it must have been partly wound up.
(The prisoners received excellent characters.)
NOT GUILTY .
First Jury, before Mr. Recorder.
JAMES COLEMAN . I keep the Boston Arms, Boston-street, Regent's-park. On the 23rd of Nov. a check was presented to me—I refused to cash it, because it was crossed to a banker—I am not able to recognize the prisoner as the person presenting it—a second check was afterwards produced to me by the same person, for which I paid 8l. 15s.—this is it—the party brought a decanter with her to take away some rum and shrub, which came to 1s. 8d.—I deducted that from the change—I presented the check at Drummond's next morning, and they made a note on it, "The handwriting differs," returned it to me, and declined to cash it.
JOHN HATCHETT , of 20, John-st. Adelphi. On the 20th of Nov. I filled up a check on Messrs. Drummond, the bankers, for 8l.; 15s., payable to George Rocque—I crossed it, and put it into a small pocket-book and card-case—I had a blank check in it as well—on the 21st I called at Mr. Rocque's—he was from home—on the 22nd I went to Brompton in an omnibus—it was quite fall—I lost my pocket-book—I did not miss it till the morning of the 23rd, as I had no suspicion of losing it—I have no other way of accounting for the loss—the check produced is not in my handwriting—it is altogether a forgery—there is a letter and a number which I can identify by the margin of my check-book, having the same number and letter—this is the same check which I lost in a blank form from my pocket-book—I have no knowledge of the prisoner.
Cross-examined by MR. DOANE. Q. You think you last it in the omnibus? A. Yes—I believe I sat between a respectably dressed man and woman—Che prisoner was not in the omnibus.
JOHN PHELPS (police-sergeant D. 13.) On the 14th of Dec. I went to No. 32, Boston-place—I found the prisoner in the back bed-room, second floor—I searched her boxes—she asked me if I thought she should be transported—I said I could not say—she said, "Will you take me into custody?" I said, "Yes"—she said, "Well, then you are a very cruel man"—she said a gentleman had given her a check to take to Mr. Coleman to change—her mother lived in the apartment—it is not in the same street as Mr. Coleman'i, it leads out of Boston-street, and is about twenty yards from his house.
Cross-examined. Q. Did you know her before? A. Yes, she has been an unfortunate girl about three or four years—I have known her five or six—her mother is a laundress—her father formerly belonged to our division of police—I never heard anything against her honesty.
RICHARD WILLIAM CALDWELL . I married the prisoner's sister, and live No. 24, Boston-place—the prisoner came to my house with something like a pocket-book in her hand—I did not see it—she produced two checks, one written on and one blank—she asked me if I could get the one that was written on changed—I read it, and am sure the amount was for 8l.; 15s.—I cannot identify this as one she produced—I said I would have nothing to do with it—I was on good terms with her—this was a month ago, I should say,
or it may be longer—I cannot say exactly—the prisoner is younger than my wife—she did sot say how she got the checks—I have had no quarrel with her—I believe she is unfortunate—she assisted her mother as a laundress.
NOT GUILTY .
On the evening of the 9th of Dec. the prisoner came and ordered a quarter of oats—he said he came from Mr. Taylor, cabinet-maker, Southampton-row, and bad been recommended to come there by his master, who had been recommended from some one else who knew Mr. Neville, to purchase a quarter of oats, that his master had lately been dealing with Mr. Shuker, at 26s. a quarter, and understood he could get them cheaper at Mr. Neville's—I took him round to the mill, and stated the case to my master, who received the order from the prisoner, and desired me to give him 4d., which I did, and booked the order.
Cross-examined by MR. PAYNE. Q. Had you ever seen him before? A. Not to my recollection—he was with me about ten minutes—I have not the least doubt of him.
PHILIP WALLER . I am carman to Mr. Neville. On the evening of the 9th of Dec. I went with my master's horse and van to carry the quarter of oats to Gloucester-street, Queen-square—I stopped at the bottom of Gloucester-street, and knocked at the gates—the prisoner made his appearance at the same side of the way the gates were on, and said, "I think you will have to go round to the shop, young man; the men are gone; they leave at eight o'clock"—it was then about half-past eight—I asked where the shop was—he said, "No. 8, Southampton-row"—I asked what trade they were—he said, "Cabinetmakers"—he went with me to the corner of the court, at the Queen-square end, and told me to turn to the left—I asked him to give an eye to my horse—he said he would—I went to No. 8, and found no Mr. Taylor—I had to go from No. 20 to No. 8—I afterwards returned to Gloucester-street, and the, horse and van, the two sacks of oats, and the prisoner, were gone.
Cross-examined. Q. Had you ever seen him before? A. No—I was gone about two minutes, or perhaps rather more, to No. 8—when I returned the van was not at the corner, nor yet in the street—the street is three or four hundred yards long, but there is a turning to the left, which it could have gone down—I ran as I thought after the van, but could not find it—I saw it again on Sunday morning—I am quite sure of the prisoner.
JOHN DYER , No. 3, Arthur-street, Chelsea. On the evening of the 9th of Dec, I was with Henry Jones, in King William-street, Strand, and met the prisoner with a van and horse—he asked if I wanted a job—I asked what it was to do—he said to take a van home to Mr. Neville's, the corn-dealer, in Gray's Inn-road, and I should get 1s. for my pains—I was to tell Mr. Neville that he was waiting about for the money, and he was afraid of the horse's catching cold—I drove the horse and van, and met Mr. Neville in Guildford-street—he took me to the station—there were no oats in the van.
Cross-examined. Q. Had you ever seen the prisoner before? A. No—I was only at the station about ten minutes.
ALFRED HOOPER NEVILLE , corn-dealer, Chichester-place, Gray's Inn-road. On the evening of the 9th of December, Cooper brought the prisoner round to me at the mill—he gave me an order for a quarter of oats, to be sent to Gloucester-street, Queen-square—I can swear he is the man—I afterwards
found my horse and van in Guildford-street, driven by Dyer—I had seen the prisoner at my warehouse, on the 27th or 28th of July, and bought a load of bird-sand of him for 12s.
Cross-examined. Q. Are you sure you had seen him before? A. Quite positive—these oats were not sold to Mr. Taylor—the prisoner said they were to be tent to Mr. Taylor's before eight o'clock—I supposed them to be for Mr. Taylor, or I should not have tent them—I gave credit to the prisoner, he ordering them as for Mr. Taylor—I did not direct the carman to get the money if he left them at Mr. Taylor's.
GUILTY of stealing the oats only.—Recommended to mercy. Aged 25. Confined One Year.
401. JOHN CASEY and DAVID WHITEHEAD were indicted for stealing 3 sovereigns, 8 half-crowns, 27 shillings, 16 sixpences, 3 groats, 12 penny-pieces, and 72 halfpence; the monies of William Pennycad, in his dwelling-house.
WILLIAM PENNYCAD , grocer, No. 48, High-street, Wapping. On Wednesday, the 13th of Dec, I went to bed, about a quarter or twenty minutes before twelve o'clock, leaving my son and daughter up—I came down about a quarter to seven o'clock next morning, and round the parlour door unlocked,—I took the key of the shop off the table—I found the shop door still locked, but on entering I noticed five candles at the end of the counter—I had only left four there overnight—one of them had been lighted apparently for about ten minutes—I took down the shutters, and after some minutes a customer came in, and on going to the till, there was only one or two halfpence in it—I missed two 5s. papers of coppers, "from underneath, where I had left them over night—I then looked in a little drawer, where I had left my gold and silver, and that was also gone, but supposing my son had taken it up with him, I said nothing about it till he came down—I afterwards found the parlour window open—there is a court at the side of my house, separated. from my yard by a wall, twelve feet high—the door leading into that court I fastened myself the evening before—I know both the prisoner, they have frequently been in my shop to buy things—I had seen them looking into my shop the night before, and standing at the corner of the court—among the silver I lost were a fourpenny-piece and a sixpence, which had marks, by, which I could identify them—I should also know the paper in which I enclosed the 5s. parcels of copper—this now produced by the constable in it—this six pence I can swear to, being battered—I scrupled about it when I took it and examined it particularly, and this fourpenny-piece I recollect, having a hole near the edge.
JOHN PENNYCAD . I assist my father. On the 13th of Dec. I went to bed at near twelve o'clock—I fastened the parlour door—the parlour and shop doors lead into the same passage—the shop door is usually locked, and the key laid on the parlour table—the key of the parlour door we take up stairs, and place on the bureau in the bedroom—I noticed that the shop door key was on the table on the night in question—next morning I found traces of persons having coming over the wall from the court—there is a water-closet about six feet high, and a dust-hole close to it—I found a woman's cap on the top of the water-closet—it appeared to have been stepped upon by dirty-feet, as the roof is slanting, to prevent their slipping or making a noise, in getting into the yard—the parlour window looks into the yard—I found the
top sash down—it was not so overnight—they must have lifted up the window, and got in, which they could do very easily, as it was not fastened.
ANN JULIAN . I am the wife of George Julian, and am servant to Mr. Denton, who keeps the Old Dundee Arms, next door to the prosecutor—it is being rebuilt, and I slept at Mr. Pennycad's. On the morning of the 14th of Dec., I got up about a quarter to seven o'clock—I found the door leading into the yard from the house, bolted inside—the door leading from the yard into the court was shut to, but unbolted, and the bottom bolt was taken right away—I have often seen the prisoners in company together—on the night before the robbery I saw Casey and another boy, not Whitehead.
Casey. This witness said before the Magistrate that I and this boy were standing at the corner of the court, and that we started off on seeing her come with a candle, which is false; we were standing with our backs against the wall. Witness, They were looking through a pane of glass, I passed them with a lighted candle, and they both started round.
DANIEL HALEY . I am a shoemaker, and live in Plough-alley, which is the court adjoining the prosecutor's. I know theprisoners—they have been in myplace—I saw them on Tuesday and Wednesday nights, the 12th and 13th—again on to me on Wednesday about six o'clock, and staid till ten—I saw them they came Thursday—I had then heard of the robbery, and wished them to leave my place as soon as possible—I did not like their company.
WILLIAM ARGENT ( police-constable H 126.) On the 15th of Dec., about sixo'clock in the morning, I went to No. 1, Smith's-lace, Wapping, where Whitehead's father lives, and found Whitehead in bed—I told him
I wanted him with Casey for the robbery at Mr. Pennycad's on Wednesday night—heraid he did not know anything of Casey at all—I told him he ought to know him, he had seen him before—he said he was in bed at ten o'clock that night—I took Casey half an hour after in Blue Anchor Yard, Rosemary-lane, and told him I wanted him with Whitehead for the robbery at Mr. Pennycad's—he said he was in bed at ten o'clock.
JOSIAH ALLEN (police-constable H 124.) On the 16th of Dec I went to the house where we took Casey, after he had been examined before the Magis-trate, and in an old cupboard in the back room found three sovereigns, five half-crowns, seventeen shillings, three sixpences, three fourpenny pieces, eight-pence, and seventy-five halfpence, buried under some coals in these two brown paper wrappers, and tied up in an old handkerchief—the coal cupboard was in a room adjoining that in which I found Casey in bed—no one lives in the house but his mother and himself.
Casey. A man, his wife, and family live overhead? Witness, The staircase leading to their room is in another court, and there is no access to the two rooms occupied by him and his mother—his mother was at home when he was taken.
Casey's Defence, I cannot account at all for the money; I am a hard working lad, and am not very often in doors; several people go into my mother's house; I left the shoemaker's at ten o'clock, and went home, and to bed at twenty minutes to eleven; I did not look into the prosecutor's shop that evening.
Whitehead's Defence. I was not near the prosecutor's house that night; I left the shoemaker's at ten, and was in bed by half-past ten o'clock; I knew Casey by sight, but not by name.
NOT GUILTY .
402. WILLIAM SYER was indicted for burglariously breaking and entering the dwelling-house of Edward Stephen Jackson, about four in the night of the 3rd of Jan., with intent to steal, and that he had been before convicted of felony.
EDWARD JACKSON . I live at 6, Lower Charles-st., Clerkenwell—it is the dwelling-house of my father, Edward Stephen Jackson. About one o'clock in the morning of the 3rd of Jan., I rEturned home and shut the door after me—the lock catches so as to be secure when I draw it to—the front parlour door was shut when I came in—I slept in the back parlour—I shut that door—between four and five o'clock in the morning I heard a voice calling out, "Thieves," and a noise as if a person was running down stairs and stumbling—I rushed out of bed, and secured the prisoner in the corner of the passage—I found my bed-room door open—it was moonlight—a knock cane to the door—I opened it—the constable was on the step, and I gave him in charge—I found the front parlour door open, and saw that somebody had been sick, and the rim of the prisoner's hat was covered with the same—I was the last person up that night.
WILLIAM JACKSON . I am brother of the last witness, and live at my father's. I slept in the second floor back room—I shut my room door when I went to bed—it is fastened by a common catch—between four and five o'clock in the morning I heard the door open—I coughed, and on that heard a person walk down stairs, remain there for a moment or two, and then come up again a little way—I jumped out of bed, cried out "Thieves," and slammed the door violently—in about two minutes I went down stairs, and found my brother had hold of the prisoner.
BARNABAS BRIGHTY (police-constable G 160.) Between four and five o'clock in the morning, of the 3rd of Jan., I was passing Mr. Jackson's door, and heard a cry of "Thieves"—on the door being opened I received the prisoner in charge from the witness—he said nothing—he appeared to have been drinking, but was not drunk—I found a flash note on him—I asked how he got into the house—he said he did not know.
Prisoner's Defence, I am charged with breaking and entering the dwelling-house, whereas nothing was broken; if I had gone there with any intention of committing a burglary I should certainly not have lost all my recollection; I must have been in the place for hours; I know not how I got there; I had been drinking overnight till nearly twelve o'clock, and after that I forget everything that did happen.
Prisoner. Q. Was I not intoxicated when you took me? A. You had been drinking, but were not drunk—you were violent to me and the prosecutor.
GUILTY .— Transported for Ten Year.
OLD COURT.—Friday, January 5th, 1844.
Third Jury, before Mr. Common Sergeant
WILLIAM GADBURY . I am a carman, living at No. 76, London-wall. On Monday, the 14th of Dec., the prisoners came to me about a horse and cart which I had previously advertised—I brought it out—Redburn represented himself as living with his father, at Islington, and to be in the coal and potato line—I accompanied them to Islington with the horse and cart—when we got
into the Lower-road, Peck said to me, turning to our left, there was the shop, in the green-grocery and coal line, where they lived—Redburn said, "The old chap, meaning his father," is not at home, he is at market; we will just go a little higher up, and wait a little time; the horse will be a little cool, and by that time he will be at home"—we waited about half or three-quarters of an hour at the. Thatched House, Lower-road—Redburn then said, "The old chap is at home now, I shall just go and try him; we have got two or three hundreds of coals to take, a hundred here and a hundred there, and the old chap will have an opportunity of seeing the working of the horse; if he don't have him, you will have, at all events, half-a-crown for your time"—Peck said, "I had better accompany him"—I think he said the old chap would think he had got a fault in his fore-feet—I was foolish enough to let them go away with it, and saw no more of them till they were in custody—I have never found the horse or cart.
Redburn. Q. What price did you ask me for the cart? A. Twenty-two guineas; and you offered to give twenty.
Redburn. I get my living by clipping and trimming horses.
REDBURN— GUILTY . Aged 21.
PECK— GUILTY . Aged 19.
Transported for Ten Years.
(There was another indictment against the prisoners.)
NEW COURT.—Monday, January 1st, 1844.
Fifth Jury, before Edward Bullock, Esq.
404. DANIEL LLOYD was indicted for breaking and entering the dwelling-house of William White, at St. Mary Abbott, Kensington, and stealing there in, 21bs. weight of dripping, value 6d. his goods; and that he had been before convicted of felony.
JUDITH WHITE . I am the wife of William White, and live in Parker-court, Knightsbridge; I sell bones and rags—we occupy the front parlour, which has a window with two sashes, one going down, the other up, and kept down by its own weight. On Tuesday evening, the 7th of Nov., about half-past seven o'clock, I left the parlour, and locked the door—I am sure the lower sash was down—I did not leave any one there—I returned about eight, and found the lower sash had been raised about a foot—I missed two pounds of dripping out of a blue dish—it was there when I went out—I made inquiries, went to Elwood's, and found some dripping there which corresponded with what I lost—it was weighed, and weighed two pounds,
SAMUEL PROCTOR . I live in North-street, Chelsea. About a quarter be-fore eight o'clock on Friday evening, the 7th of Nov., I saw the prisoner leaning against the prosecutor's door-post—I asked if he was lodging there—he said no—he said there was a piece of dripping he meant to have—I went home—I did not say anything to him—I then saw him come to the end of the court with the dripping under his jacket—I saw him lift the window-sash up—I had seen that dripping in the prosecutor's window.
JUDITH WHITE re-examined. I only rent the parlour, and have one sleeping-room not connected with the parlour—we go out into the passage to go up stairs—the passage if open to other persons—the house belongs to Mr. Robertson, who does not live there.
MAURICE MULCAHAY (police-sergeant B 2.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person—I was present at his trial—he had been before convicted.
GUILTY . Aged 18.— Transported for Seven Years.
WILLIAM PHIPPS (police-constable N 331.) About half-past ten o'clock on Tuesday night, the 10th of Dec., I was in a lane in Lower Clapton—I saw both the prisoners walking together—Murphy had a bundle on his back—I asked what they had got jn the bundle—Murphy said a goose, and it was their own; he got it from Waltham-abbey—they went very quietly to the station—Murphy carried the bundle—he untied it—I found a goose in it—it was quite warm, and appeared to have been a very short time dead—I asked if they wished to say anything—Barr said it was his own, and he brought it from Edmonton; and Murphy said he saw the other at Clapton-gate, and was going to take the goose from Clapton-gate to town for him.
Cross-examined by MR. BALLANTINE. Q. Was there a dog with them? A. I saw none—the goose was kept about a mile from where I met them—at the station Barr said it was his own—I am quite certain about it, and always have said so—this is my signature to these depositions—they were read over to me, and I signed it—I have always said that Barr told me the same story—(the deposition being read, omitted to state that Barr had said the goose was his own.)
WILLIAM EDWARD WATSON . I live with Mr. Thomas Hersant, a butcher, at Upper Clapton. He has a field with two ponds about 100 yards from his house—he had four geese in the field—they were safe on Sunday morning when I went to feed them—they were safe there at three o'clock in the day—on Monday morning I missed an old goose which I knew well—I went to the station, and saw it there—it was my master's.
Cross-examined. Q. Should you have known anything about the goose being missed, except from something told you? A. Yes; I knew how many my master had—I do not know either of the prisoners—I do not know of Murphy having been with my master in the morning.
JAMES WICKENDEN . I live at the Robin Hood, High Hill Ferry. On Sunday evening, the 10th of Dec, I saw the prisoners together in my master's tap-room, for about an hour and a half—I did not see any bundle—they had a dog—the prosecutor's field is about two hundred yards from our house.
Cross-examined. Q. Did you see them come in? A. Yes—Murphy some in first, and Barr afterwards—he gave Murphy some bread and cheese, and some beer.
NOT GUILTY .
GUILTY . Aged 24.— Confined Six Months.
GUILTY . Aged 21.— Confined Six Months.
GUILTY . Aged 14.— Confined Eight Days, and Whipped.
NICHOLAS PEARCE (police-inspector.) At a quarter past four o'clock in the afternoon of the 16th of Dec. I was in Fleet-street—I saw the two prisoners standing together, and looking in Mr. Doudney's window—I passed, and saw Williams go into the shop—in a few seconds he came out, and was putting something under his coat—he was instantly joined by Forward—they went away together—I stopped them, and saw these trowsers drop from Williams—I took them both.
GEORGE MOYES , of New-street, Shoe-lane. About a quarter past four o'clock, this afternoon, I saw Pearce take the risoners—I took Williams, and saw these trowsers drop from under his coat—I took them up.
William's Defence. When I was taken, Pearce said he was up a court, thirty or forty yards off, and could he see me go in and steal them?
Forward's Defence. I know nothing about them, mud never saw this man before.
WILLIAMS— GUILTY . Aged 22
FORWARD— GUILTY . Aged 28.
Confined Four Months
410. GEORGE BROWN was indicted for stealing 84lbs. weight of lead, value 15s., the goods of John James Harris, and fixed to a certain building against the Statute, &c.—2nd COUNT, not stating it to be fixed.
JOHN JAMES HARRIS, watchmaker and jeweller, Upper East Smithfield. I have a warehouse and other premises in Glasshouse-yard. The prisoner was in my employ for three years, and left about eleven months ago—he had to do jobs about the premises in Glasshouse-yard, and protect them—these premises are my property—he had no business there at all after he was discharged—I know this lead was on my premises.
Cross-examined by MR. PAYNE Q. Has he been in the hospital since he left you? A. Yes—'I gave him some relief.
JOSEPH HARDWICK , a smith, Burr-street. About a quarter before seven o'clock, on the night of the 18th of Dec, I went up Glasshouse-yard, where I have a blacksmith's shop—I was standing at my shop door, and heard one of my water-casks fall down—they were near the prosecutor's premises—it was a very foggy night—I went up, and the prisoner was standing close by the cask—I asked him what he was doing there—he said, "Nothing"—I said, "How came the cask to tumble down?"—he said he did not know—I found the head of the cask stove in—I asked how it came knocked in—he said he did not know, and walked away—I got a light, and brought my foreman with me—I then got an officer—in coming up the passage from the house met a I strange man—I went further, and saw the prisoner again, with this lead on his shoulder—the policeman stopped him—I went the next morning to the warehouse, and found the lead was gone—it was seven feet further than the water-cask—I examined the cask that night, and again in the morning, and there was a mark of lead where it was stove in, and the colour of lead in the dent.
Cross-examined. Q. Was not what you said to the prisoner, "What are
you doing here?" A. yes and I said, "What did you knock this cask down for?"—he said he did not—I know it was lead he was carrying, because I was close to him—he threw it down a cellar steps close by him.
COURT. Q. Was the lead you picked up where you saw this thrown down? A. Yes.
GEORGE SEAMAN (police-constable H 120.) I was fetched by Hardwick—I saw the prisoner with something heavy on his shoulder—he chucked it down a cellar steps—I collared him, and asked him what he had chucked down—he said he did not know—Hardwick went down with the candle in his hand, and brought up the lead——the prisoner then said he picked up the lead just by the pump, and he had a right to any thing he picked up—he said, in going to the station, that he had gone up there to get a pail of water, and found this lead by the pump, he did not care about being transported, as he did not wish to stop in this b----y country—I did not see any pail—I saw the part where the lead had been taken off—I took the measure, length and width, and found it corresponds with this lead.
Cross-examined. Q. Did the prisoner appear to hare been drinking? A. Yes—the lead fitted exactly—it was all in one piece, and was not cut from the building.
FERDINAND M'KEE (policeman.) I was called—I went with Mr. Harper, and found the head of the water—cask knocked in, and in the cellar, the door of which was open, I found a key and a candle—I saw a ladder outside, standing within a few feet of where this lead was taken from.
JAMES ARNOLD . I am in the employ of Mr. Harris. About five o'clock that evening I went to a tavern—the prisoner and three other men were there—about seven I was sent for to Glasshouse—yard, and the key found in the cellar was shown to me, which belongs to the box of my master, which I had in my possession when I got to Mr. Harris's that evening—I cannot say whether I had it at this tavern—I had it five minutes before.
(The prisoner received a good character.)
GUILTY Aged 22.— Confined Six Months
NEW COURT.—Tuesday, January 2nd, 1844.
Sixth Jury, before Edward Bullock, Esq.
GUILTY . Aged 48.— Confined Six Months.
GUILTY . Aged 16.— Confined Six Months.
413. WILLIAM OVERTON was indicted for stealing 1 pewter pot, value 6d., the goods of William Carwardine Howard and another: also, 1 pewter pot, 6d. the goods of Charles Hickman: to both which he pleaded
GUILTY . Aged 40.— Confined Four Months
GUILTY . Aged 19.—Recommended to mercy.— Confined Four Months.
GEORGE BATCHELOR . I live in Willow-place, St. Pancras. I took the prisoner into my place about four months ago—he staid with me till the 3rd of Dec—I employed him to go and buy goods, and sell them again for me in the street—on the morning of the 3rd of Dec. I gave him some money, and sent him out to buy goods and sell them—he went away—I had a great-coat in my bed-room up stairs—I am sure it was there—I missed it after the prisoner was gone—I never saw it again till a fortnight after when I saw the prisoner at the Straw-yard—he had my coat on his back—this is it—I did not lend it him—he never wore it with my knowledge—there were eight shillings, four sixpences, and twelve pence on the table down stairs that morning, and after he was gone that money was gone too.
Prisoner. You used to lend me the coat and handkerchief sometimes. Witness. No—I did not give you 6s. on the 1st of Dec. to go to market—I did not lend you the coat, or say "Give me 1d. for the loan of it," nor help it on to your back.
Prisoner's Defence. I sold the goods, and gave him half the profits, and on the 1st of Dec. I went with him to market; he gave me 6s. to buy fish; when I came home he asked me if I wanted any more money; I said yes; he gave me 6s.; I asked him for the loan of his coat; he said, "Yes, you must give me 1d. for the use of it;" I sent to him twice to tell him I had lost part of the money; if he would send me my own old coat, I would return his, and try to make up the money.
GUILTY . Aged 20.—Recommended to mercy.— Confined Four Months.
416. JOHN DOCKERTY and JOHN SIMMONDS were indicted for stealing, on the 16th of Dec, 1 box, value 3d.; and 14lbs. weight of figs, 5s. 3d.; the goods of William Atkins; and that Simmonds had been before convicted of felony
WILLIAM ASH , shoemaker, Jewin-street. On the afternoon of the 16th of Dec. I saw the prisoners together—they came up to Mrs. Atkins' shop at the corner of Jewin-crescent, looked into the door, then went to the centre of the front window—they returned to the door, looked in again, then went to the corner of the house, spoke together, and then I saw Dockerty go up the steps and take a drum of figs off the centre of the pile in the window—he came into the street, and put it into a bag—they went round the Crescent together—I told my son to go round and stop them at the other end—I went to the shop, and hallooed out, "You are robbed"—I ran up the Crescent, and saw them both walking together—Simmonds had the figs under his arm, in a bag—he saw me, and threw them down—Dockerty ran into the road—I called to a man to take him—I went on to the end, and saw my son stop them—I never lost sight of them.
Cross-examined by MR. CHARNOCK. Q. Where were you first standing. A. In my shop, directly opposite the prosecutor's—they walked first, but when they saw me, they ran—I should think not two minutes elapsed from the time of my seeing the figs taken, and my taking the prisoners.
ELIZABETH ATKINS . I am the wife of William Atkins, grocer, Jewincrescent. I was called by Ash—I ran out and saw the prisoners together—I saw Simmonds throw down a drum of figs—I picked them up in this bag—I
know it—it is my husband's—I took Dockerty, and Ash's son took Simmonds.
Cross-examined. Q. What mark is on it? A. The letter E—this was taken out of the window—we had 500 marked E—we had sold a great many.
DOCKERTY— GUILTY . Aged 18. Recommended to mercy.
Confined Three Months
SIMMONDS— GUILTY . Aged 20.— Confined Six Months.
ARCHIBALD ELLIS . On the 21st of Dec., between eight and nine o'clock at night, I was at work on a new building in Cambridge-street, Islington—I saw the prisoner—he was not at work there—he came into the back yard of the building—I said, "Well, mate, you hare been drinking!"—he said, "No, I have not "—he took a scaffold board off the ledge of the premises—he put it on his shoulder, and carried it away—I followed him* and Saw him stopped by a policeman—I did not know at the time whose it was—he appeared to have been drinking, but knew what he was about.
JOHN HANCOCK . I am foreman to Mr. Joseph Griffiths. The prisoner had been in my service two months. On this night I did not desire him to take this board any where—on the previous night I employed him to take a short board and a ladder to do some white-waahing at Bethnal-green—this board is my master's—I saw it safe the same day—he had no right with it-there was no reason why he should take it.
Prisoner. The board I took was too short; I wanted a longer one; I came to the building, and took this. Witness, The board I desired him to take was not too short; a longer board might have been used in the upper shop, but I could have done with the short one.
MR. CLARKSON conducted the Prosecution.
SAMUEL HENRY STRIVEN . I am assistant foreman in the East and West India Docks. On the morning of the 15th of Dec., I found a package of copper in No. 11, warehouse, on the ground-floor—it was rolled up in a package, different to what we ever have—it had no wrapper, or anything round it—it had no business there—there was some copper there which had been on a ship's bottom, within a few yards of this—suspecting it was not right, I told my superior, Captain Harrison—he directed me what to do, and I secreted myself behind some rope—on the 16th I went there again, and about ten o'clock the prisoner came down—he was a messenger there, and had no business in the warehouse—he walked directly up to this parcel, took it, and walked away—as he passed me, I moved—he heard me, and turned, and looked—I took him in the alley—I asked what he had got—he said, "Nothing"—I took him to the office—I went back and found this
copper about five or six yards from where I saw him take it from—he passed by the place where I found it—this is the copper.
CHARLES AUGUSTUS NIGHTINGALE . I am assistant foreman in the Docks. I know this bulk of copper, which was placed there—there were 55lbs. deficient from the time it was delivered to me till I was called for to deliver it up again—on the 15th of Dec. Striven showed me what he had seen—I saw this little parcel of copper on the package in No. 11, warehouse—the prisoner had no business there, without he was sent with any message—he had no message when he went there on that occasion—the copper had been in the warehouse five or six weeks—I have looked at these pieces produced—upon my oath, I believe them to have formed part of the bulk that was 55lbs. deficient.
Prisoner's Defence. I was sent to look after Mr. Harris; I could not see him; when I got back about fifty yards, the man came and said I had got the copper.
NOT GUILTY .
JEMIMA THURLOW . I am the wife of Samuel Thurlow, of Myddelton-street, Clerkenwell. The prisoner was in my service three weeks—she was discharged on the 18th of Dec.—after she was gone I missed a coral necklace from a small box in the parlour cupboard, and other articles, which I have not found—I had seen them safe about a fortnight before.
JOHN EDWARDS (police-constable G 32.) I had information, and went to the prisoner's—her mother begged her to confess if the bad taken the necklace—she denied it at first, but at last she took it out of her pocket, and gave it into her mother's hand.
Prisoner, I went to dust the cupboard, and found the necklace; I broke it, and put it into my pocket to get it mended.
CHARLES AARON . I am servant to Isaac Solomons, a clothes salesman, Smithfield-bars. On the 19th of Dec, about eight o'clock at night, the prisoner came to the shop—he had a cloak on, and a coat, which he offered to sell, and buy another in exchange—he said he had seen my master on the Monday night—he tried on one coat—it did not fit—he tried another, whioi did—while he was doing that, two females came in, and asked me the way to London-bridge—on turning my head rather sharp, I saw the prisoner putting coat under his cloak, not the one he was trying on—he said, "It is no use waiting for your master; I shall go to the coffee-house, and get a cup of tea"—he went to the door—I followed—the policeman was going by, and I said, "I give this man in charge"—he ran, and I saw him drop, the coat by the side of the door—I had pulled it off the shelf for him to try on—he had not tried this on—he did not buy any.
Prisoner. Q. You said at Guildhall it was the coat I had tried on? A. No—your cloak was on the right counter, and your coat was at the end of the counter.
Prisoner's Defence. I had seen the master the day previous, and proposed to buy the coat; I went, and, not being able to agree with the shopman, I thought I would call again and see the master; the man took my great-coat and put it on a narrow counter; when I took up my great-coat, I did not see whether I took this one on my arm or not I this coat was two yards from me, by the side of the counter; it was not my intention to defraud any one.
NOT GUILTY .
JAMES THOMAS BEDBOROUGH . I live at Windsor. On the 6th of Dec. I was near Northumberland-house, Charing-cross—I felt a slight touch in my back, and immediately after a policeman came and asked if I had lost anything—I felt in my pocket, and missed my opera glass, which I had in my pocket not five minutes before—this is it.
EDWARD LANGLEY ( police-sergeant A 11.) About three o'clock, on the 6th of Dec, I was at Charing-cross—I saw the three prisoners together following the prosecutor about 100 yards—I saw Windsor close up to the prosecutor—the other two were walking close on Windsor—I saw Windsor in a stooping position, his elbow moved, then they all three left the prosecutor, turned back, and went down Northumberland-street—I spoke to the prosecutor—I then went and overtook them all together id Scotland-yard—I laid hold of Dobson and Windsor at the same time, but Windsor got from me—another officer came, and took Caston—on him I found this opera-glass, and in Windsor's hat I found two locks of hair—they said what, was it for? and seemed much concerned about being taken—at the office, Cation said he did not know any thing about either of the others.
Dobson's Defence. I went over Westminster-bridge; in coming home, I went through Scotland-yard, and met the two prisoners; before I got by them, the officer took me.
(Caston received a good character.)
WINDSOR— GUILTY . Aged 18.
DOBSON— GUILTY . Aged 20.
Confined Six Months.
CASTON— GUILTY . Aged 23.— Confined Four Months
WILLIAM VEALE , dairyman, St. John's-wood, At half-past two o'clock in the afternoon of the 21st of Dec., I was driving past my own house, and saw the prisoner coming out of my parlour window with the writing-desk and cruet-stand—I jumped out, and ran back—I met him crossing the front garden with them under his arm—he threw them down—I tried to take him, but he got off, ran 200 yards, and was stopped by a soldier—I sent somebody to take these things up, and took him to the station—these are my things.
Cross-examined by MR. BALLANTINE. Q. Did you lose sight of him A. Not at all—I saw two more on the opposite side of the road, watching.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Two Months
JOHN SMITHERS (police-constable E 28.) About six o'clock in the evening of the 19th of Dec., I was in Great Portland-street, and saw Collins standing near Mr. Cooper's, the butcher's shop—I did not see Johnson then-Collins walked up and down in front of the shop several times—I watched in a door-way for about ten minutes—I then saw Collins put his hand over a wire-guard at Mr. Cooper's, and take a piece of meat, which he put under the skirt of his coat, and walked away with it—Johnson then stepped out of the first private door next to the shop, about twelve yards off—he gave Collins this handkerchief—he wrapped the meat in it, and they went away together—I followed—Johnson turned, and saw me running—they both began to run—I called, "Stop thief," and Collins threw the meat and handkerchief down against some area railings—I saw another officer—I then ran after Johnson, and when I got near him he cried out, "Stop thief"—I laid hold of him, and he said, "The chap that has done it ran up there," meaning up Norton-street—(Collins had run up that street)—I said, "Yes, and you are the person that gave him the handkerchief"—I am sure I had seen Collins take it—there was a gas-lamp near the shop-door—I returned and took the meat and handkerchief up, where it was thrown down.
Cross-examined by MR. PAYNE. Q. Did you see Collins's face? A. Yes—there was a wire-guard, but a person could put his hand over it without going into the shop—about five minutes after the meat was taken I saw Collins in custody—I noticed his dress, but I knew him by his features.
GEORGE DIXON (police-constable E 153.) I saw Collins running up Norton-street—I caught him, and brought him back to Smithers—Collins said he was not the one that stole it, and when he was taken to the station, he said had it not been for me, that bow-legged fellow would not have caught him.
Cross-examined. Q. Who is the bow-legged fellow? A. Smithers.
HENRY WALTON COOPER . I live with my father, Richard Cooper—I was in the counting-house, and heard a cry of "Stop thief"—the two prisoners were brought in with a piece of neck of mutton—I knew it by a mark which I put on it—I had put it in the window an hour or two previous.
JOHNSON— GUILTY . Aged 18.
COLLINS— GUILTY . Aged 18.
Confined Six Months ,
424. JOHN HUGHES was indicted for stealing 2 pairs of trowsers, value 2l.; 2 waistcoats, 1l.; 8s.; the goods of David Dunbar: 1 jacket, 1l.; 10s.; 1 waistcoat, 15s.; 2 shirts, 4s.; 2 combs, 6d.; and 1 penknife, 6d. the goods of James Taylor: 6 shirts, 1l. 10s.; 1 waistcoat, 3s. 6d.; 2 handkerchiefs, 3s.; 1 towel, 6d.; and 18 spoons, 15s.; the goods of James Taylor, in a certain vessel, on the navigable river Thames.
EDWARD WOODS , foreman to John Boards, pawnbroker, Commercial-road About nine o'clock on the 16th of Dec. the prisoner came, and offered a waistcoat in pledge—I asked if it was his—he said it was his own—I offered him 2s. on it, which he agreed to take—he then opened a bundle, took a pair of trowsers out, and laid he must have 5s.—I thought they did not correspond
with his dress, nor his size—he put down the bundle—it rattled as—if there was metal in it—I sent for a policeman, and he found these things in it.
ROBERT JOHN O'BRIEN (police-constable H 5.) I was called, found the prisoner, and a bundle—I asked what it contained—he said shirts, and they belonged to himself—I found these shirts, and spoons, and other things, and in the browsers-pocket a bill of the clothes—he said he bought the spoons in Rosemary-lane, and the clothes in Newcastle, that he was steward of the City of Hamburgh steam ship, which left that morning, and he missed going in it—I took him to the station, and then examined the bundle further, and found the property produced—I found on him seven keys and a carpenter's punch—he appeared to have been drinking, but was sober enough to know what he did—the tailor's bill led me to the ship called the London Merchant, and there I saw Mr. Taylor.
CHARLES TAYLOR . My father, James Taylor, is steward of the London Merchant—she was lying at Downes's-wharf, on the Thames—the prisoner was fore-cabin steward on board the City of Hamburgh, and also of the Jane Watson about three months ago—on the 15th I was on board the London Merchant, and left it between three and four o'clock in the afternoon—I locked up all the places—on the Saturday morning the officer came to me, and then I found the door of my father's room had been opened, a portmanteau cut open, and a parcel broken open, and a pair of trowsera, two waistcoats, a jacket, waistcoat, two shirts, a towel, half-a-dozen shirts, and eighteen spoons gone—these waistcoats, jacket, and shirts, are mine—the spoons are my father's.
CHARLES HALFPENNY . I was stoker on board the City of Hamburgh when the prisoner was the fore-cabin steward—I went on board the London Merchant on Saturday morning, and found the cabin door had been broken open—Taylor went in—I found a piece of a punch Do the steps of the companion, and this punch found on the prisoner corresponds with the piece of it.
Prisoner's Defence. I went on board the ship, and found this bundle of things—I took them away, not seeing any one about.
GUILTY . Aged 21.— Confined Twelve Months.
SAMUEL RILES . I live at Layton, in Essex, and am a woollen-draper—I have lately removed from a house at Bromley—I employed Mr. Single, an auctioneer, to sell some property at that house for me—amongst it was a double-barrelled gun, belonging to Mr. Thomas Lea—it did not fetch the price that Mr. Lea bad fixed on it, and it was left there amongst the property—I went with Mr. Lea to the premises after the sale, and saw the gun on the premises—I was informed it was not sold—I saw Thomas Hindley place it in the china-closet, at the end of the dining-room—he locked it up there, and I believe put the key into his pocket—I had some wine-glasses in the sale—the sale was over when I went there—I found Hindley and his son there, a boy who was in my own employ, and the prisoner, who was a policeman—I left them on the premises.
Cross-examined by MR. BALLANTINE. Q. Whose gun was this? A. Mr. Lea's, and he entrusted it to me to form part of the sale—I believe the gun was not sold—furniture and other things were sold in the sale.
recollect a double-barrelled gun, which was not sold—after the sale, Mr. Riles and Mr. Lea came to the premises, between six and seven o'clock in the evening—the prisoner was there, as the policeman on duty—I saw him in the room towards the close of the sale—he said I had better remove a copper tea-kettle and some other things, as there were several loose characters about, and they would be missing—he was there when Mr. Riles and Mr. Lea came—Mr. Lea took away a rifle-piece, and Mr. Riles requested me to put the gun into a china-closet in the dining room and take care of it—the prisoner said it Was a nice gun, and he should like it—I locked it in the dining-room closet, and pot the key into my pocket—after Mr. Riles and Mr. Lea were gone, I said I thought we might venture to shut up and leave—the prisoner said, "We can stay a little longer "—there was a little wine left in a bottle, and that we drank—had had a heavy day's work—I laid down on some carpets on the floor, and dropped off to sleep, at nearly eight o'clock—the prisoner was there then—I was awoke about ten o'clock, by Mr. Riles' servant's mother's coming—the prisoner was not there then—next morning, as I was going down to Bromley, I felt in my pocket, and the key of the closet was gone—I thought it might have fallen out of my pocket at home, but next morning, when I got to the house at Bromley I found the key in the closet-door, and missed the gun and nine wine-glasses—the prisoner came to the house about an hour and a half after I got there, and said, "How are you getting on "—I said, "Middling; do you know any thing of the gun?"—he said, "No—I went away about half-past eight"—I said, "Why did you not wake me up? "—hi said, "I don't know; when I was going out I let in a short thickset man, In a brown coat"—I said, "Do you know him f—he said, "No;"—I said, "Should you know him again? "—he said, "No" but you sat talking with him on the carpet"—I said, "How can you say so, when I was asleep—I had not seen any party after Mr. Riles and Mr. Lea left—the prisoner then went and left me there—I saw him in custody on the Saturday afterwards, and on the way to the station, he called me to him, and said, "Why did you not apply to me, instead of reporting it at the station? "—I said, "Why you ought to have brought it back, if you had taken it away, when I taxed you with it the next morning "—he said, "Well, it is in your hands; I have lost my character and my situation; but if you will apply to Mr. Riles to withdraw the charge, I will give up the gun "—I spoke to Mr. Riles, and he said it was out of his power to make any such promise, it was not his own.
Cross-examined. Q. Do you know it was not sold, except by the statement of your master? A. That is the only mode—I had the charge of the gun—it was put up with other lots; but whether it was sold, or bought in, I am not prepared to say—it had not been delivered.
COURT. Q. Was it given into your charge? A. It was, by Mr. Riles, in the presence of Mr. Lea.
MR. RILES re-examined. The house where this sale took place was my own—I was the tenant—my tenancy would not have expired till Lady-day, but I have come to an arrangement with the person who has taken it, and I have given up possession since the sale—I did not sleep there nor my wife, but I had a servant in charge of the premises, who slept there; a boy who had been in my service for years, and is so still; and there was property of mine in the house.
JOSEPH REED . I live at Bromley; I know the prisoner. On the night of the sale, the 11th of Dec., I saw him in George-street, Bromley, about half-past eight o'clock—I saw the butt-end of a gun under his arm, and a bundle in his hand.
Cross-examined. Q. How long had he been in the police force? A. Upwards of five years—I always believed him to be honest.
Cross-examined. Q. These were sold? A. I believe they were.
JOHN DRUDGE (police-constable K 86.) On the 11th of Dec., at five minutes after nine o'clock at night, I saw the prisoner in Bromley High-street, with a double-barreled gun in one hand, and a bundle in the other—I said, "Moore, what have you got there? "—he said, "A gun I bought down at the sale; don't you think I have got a bargain; I gave 25s. for it"—he then turned round, and in his great coat pocket he had a wine-glass, partly in and partly out—I said, "You have a glass in your pocket;" and be put his hand behind, and put it in.
Prisoner. I beg for mercy; I have a wife, and a father nearly eighty years old; it is my first offence,
(The prisoner received a good character.)
GUILTY . Aged 29.— Confined Nine Months.
NEW COURT.—Wednesday, January 3rd, 1844,
Fifth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Two Months.
GUILTY . Aged 17.— Confined Four Months.
428. EMMA ALLBREGHT was indicted for stealing gowns, value 1l.; 10s.; 2 pairs of stockings, 6s.; 1 pair of stays, 8s.; 2 petticoats, 6s.; 2 handkerchiefs, 3s.; and 1 pocket, 1s.; the goods of Edward Thurst Carver and others: and 1 pair of boots, value 6s. 6d.; 1 pair of shoes, 3s.; 1 pair of dogs, 4s. 6d.; 1 shift, 3s.; 1 bag, 8s. 6d.; 1 waistband, 4s. 6d.; 1 apron is. 2s. shawls, 7s.; and 1 rug, 1l.; the goods of Mary Janet Kemp; to which she pleaded
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 14.— Confined Three Months ,
GUILTY .† Aged 13.— Transported for Seven Years.
MESSRS. ELLIS and BODKIN conducted the Prosecution,
ALEXANDER M'DOUGAL , potato salesman, Middle-row, Knightsbridge. On the 8th of Dec, about four o'clock in the afternoon, the prisoner came for 31bs. of potatoes, which came to 1 1/2 d—he offered me a shilling—I looked at it, and observed to him that it was bad—he said his master gave it to him—I said, if he would fetch his master he should have it back—he said his master lived down by the Admiral Keppel, which is half a mile from me—he went off, and I went after him—I had put the shilling into my desk, which I locked, and took the key with me—no one touched it—I afterwards gave it to Mr. Emery.
Prisoner. Q. You sent the'shilling out? A. Yes; I gave it to the boy, who is not here.
MR. ELLIS. Q. Did you bite it? A. Yes, before I gave it to the boy—I swear the shilling the boy brought back was the one I gave him, and which I gave the officer.
ANN ROWLAND . My husband keeps a shop in New-street, Brompton. The prisoner came there at twenty minutes before ten o'clock at night, on the 15th of Dec, for two herrings, which came to 1 1/2 d—he gave me a shilling—I gave him 10 1/2 d. change—after he was gone I looked at the shilling, and found it was bad—my husband went after him, and he wasbrought back—I am sure he is the man
GUILTY . Aged 21.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution,
SARAH BARCLAY BOYD . I am single, and live with my parents, at Lower Homerton. On the 21st of Dec. I was at my sister's, in Essex-place, Hackney—she keeps a confectioner's shop—the prisoner came there for a half-quartern loaf, and a halfpenny-worth of biscuits—they came to 4 3/4 d.—I served her—she gave me a shilling—I gave her change—I gave the shilling to my sister, and she said something to me—the shilling was not out of my sight—got it back from her directly—I afterwards gave it to the policeman—I am sure it was the same—I had kept it by itself—the policeman brought back the prisoner next day.
SAMUEL BRAYBROOK . I keep the Rising Sun. On the 21st of Dec. the prisoner came, between seven and eight o'clock, for half a quartern of peppermint, which came to 2d.—she gave me a half-crown—I gave her change, and she went away—I then discovered the half-crown was bad—I had not parted
with it—I laid it aside, as I did not like the look of it—I am sure I kept it separate from other coin—I sent my daughter after the prisoner—she brought her back—I said, "You have tendered me a bad half-crown"—she said, "Very well, I must change it"—the officer came, and took the bad half-crown, after I had marked it.
WILLIAM FRENCH (policeman.) On the 21st of Dec., about half-past seven o'clock, I saw the prisoner stopped by a young woman, who told her she had passed a bad half-crown—I went to the public-house—the half-crown was given to the prisoner—I asked her to give it me—she said it was hers, and she would not—I took it from her by force—I took this bottle of peppermint from her, and 2s. 4d.
Prisoner. A gentleman gave me the half-crown; I did not know it was bad; I never had the shilling, and was not in the shop.
GUILTY . Aged 21.— Confined Six months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELLEN ELIZABETH CLARK . On Monday, the 18th of Dec., I was coming from school, and saw the prisoner in Rochester-row—he asked me to go and get half a pint of beer for Jem, and said he would give me a halfpenny—he gave me this pot and a shilling—I took it in to Mrs. Clark—I gave her the shilling—she gave me change, and I gave the beer and the change to the prisoner—he said, "That is a good girl," and ran off—I did not get the halfpenny from him.
MARY ANN KENDALL . On Monday, the 18th of Dec., I had been on an errand, between five and six o'clock, and was just by my own door, in Brunswick-row, Westminster—I saw the prisoner—he asked me to fetch half a pint of beer—he gave me a shilling and a mug, and said he would give me a halfpenny—this is the mug—( looking at it)—I went to Mrs. Clark's, and gave her the shilling which the prisoner gave me—I got the change and the beer from her—I went and gave them to the prisoner, who had given me the shilling—Mrs. Clark came up, and the prisoner was taken.
MARTHA CLARK . I keep a beer-shop in Rochester-row—I know Clark and Kendall—I frequently see them—on the 18th of Dec. they came to my bar, there was about half an hour space between their coming in—they, each of them, gave me a shilling, and I gave them change—I did not mix the shillings with other money—the officer has them.
Prisoner. Q. Did I take the money from the girl? A. I saw you take this pot from her—I did not see you take the money.
Prisoner. I was only passing at the time—I do not know the girls.
GUILTY . Aged 21.— Confined Nine Months.
FREDERICK JAMES M'GREGOR . I am a tobacconist, and live at Westminster. On the 30th of Dec. the prisoner came to my shop for half an ounce of tobacco—he gave me a half-crown—I noticed that it was bad, and told him so—he ran out immediately—I pursued, and saw him stopped.
and he was given to me—I received this half-crown from Mr. M'Gregor—I found a knife, half an ounce of tobacco, a stopper, and a thimble on the prisoner—I received a sixpence from Mr. Williams.
WILLIAM WILLIAMS . My father keeps a public-house—on the 30th of Dec. the prisoner came, between eight and nine o'clock in the morning, for half a pint of porter, which came to 1d.—he gave me a 6d.—I gave him change, and he went away—I put the 6d. into the till—there was no other silver there—it had just been emptied—he had not been gone above three minutes before I discovered the 6d. was bad—I gave it to the officer.
Prisoner's Defence. They were calling "Stop thief;" a man stopped me.
GUILTY . Aged 20.— Confined Six Months.
MR. WILKINS conducted the Prosecution.
WILLIAM GEORGE TUNNICLIFF . I am in the service of Mr. Howitt, linendraper, High Holborn. On the 13th of Dec., in consequence of what my employer said, I went in pursuit of the prisoner who I had seen in the shop—I followed her about a minute after she left, and was attracted by some parties looking down a passage—I went down Gate-street, and saw the prisoner standing in a private yard, with this board in her hand, which had had the gimp on it—the gimp was in her pocket, or in her dress, partly concealed—I saw a part of it hanging out of her pocket, or out of a hole in her dress—I said she was a foolish woman—I took the board from her, and asked her to return to Mr. Howitt's—she made no answer—I took her back—she was given into custody—the gimp was worth about 9s—we never sell gimp on the board—I had seen her drag this gimp out of the shop—there was a ticket on it—she trailed it out when she was leaving the shop—I am quite sure I had seen this identical piece of gimp in Mr. Howitt's hand.
Cross-examined by MR. CLARKSON. Q. Is this the first time you have ever said any thing about seeing the prisoner dragging or trailing it out of the shop? A. No, I mentioned it before, on my deposition being taken—I believe the prisoner had been in the habit of dealing with us for a long time—she had a parcel of things she purchased that day—she had bought two sheets of wadding—if she had wanted this gimp she would have had credit for it—I believe she bears a good character—she was not carrying the gimp loose in her hand—when she came back to the shop she took it from her pocket, and had it in her hand then.
MR. WILKINS. Q. Have you power to give her credit? A. I dare say she might have had it—this gimp was not folded at all, but taken off the card—I saw her take it out of the shop on the card.
Cross-examined. Q. You were not before the Magistrate? A. No—I had seen the prisoner once or twice before—I showed her a good deal of gimp, and was pressing her to take some—I was not more pressing than usual—she wanted a particular pattern, and at last said that these would not suit her—she then took up her parcel, and went away.
WILLIAM GEORGE TUNNICLIFF re-examined. Q. When the prisoner was accompanying you back to the shop, did she say anything? A. Not till she got to the shop, she then said she intended to have taken it to show to a lady, and to have returned it.
EDWARD CHATFIELD . I am the principal assistant to Mr. Howitt—the prisoner came to the shop on the 13th of Dec.—I was not standing by during the early part of the time while she was there—I was when she inquired about some gimp—she did not buy any—Mr. Howitt called my attention to her as she was going out—Tunnicliff went after her, and brought her back—when she came back I was gone to the other shop, and when I came back the gimp was there, and I believe in possession of the policeman—the prisoner said she had taken it to show a lady, and intended to bring it back—she offered to pay for it.
Cross-examined. Q. You were not before the Magistrate? A. No—I believe the prisoner was admitted to bail—I knew her as a customer for nine or twelve months—I have since heard from other customers that she is a respectable person—if she had asked for gimp to show to a lady, I should not have trusted her.
MATTHEW HOWITT . I carry on this business. I was in my shop when the prisoner was making inquiry respecting gimp—I seated her at the counter, and called a young man to serve her—in consequence of what I said, Tunnicliff went after her and brought her back—some gimp and a board was produced, which I knew—I had seen it trailing under the prisoner's cloak, or under garment, on her leaving the shop—there was a ticket on the gimp—it had not been sold to her.
Cross-examined. Q. What is the meaning of Howitt, Brothers, over your door? A. I have younger brothers with me, to whom I pay salaries at present—I design to bring them into the business—the prisoner stated she took this for a lady to see, and would have returned it—I should not have trusted her—she refused to give her name and address.
NOT GUILTY .
SARAH MATILDA MOORE . I am the wife of Charles Greville Moore, of Shadwell. On the 18th of Dec. the prisoner came in about seven o'clock in the evening, and told me he had been watching some little boys for some time, who were endeavouring to take the handkerchiefs which hung inside the door—I ran round the counter, and found that four were gone—I said it was very strange if he had been watching them, that he did not tell me before—he made no answer, but smiled, and ran off directly—this is one of the handkerchiefs I lost.
WILLIAM TRIGGE , shopman to Mr. Wood, pawnbroker, Ratcliff-highway. The prisoner offered to pawn this handkerchief about half-past nine o'clock on the morning of the 19th of Dec—I sent for a policeman, who took him.
Prisoner's Defence. I was coming from work; a boy asked me to buy it; I gave him 4d. for it.
GUILTY . Aged 18— confined Three months.
in the shop writing—I saw the prisoner put his arm inside the door and take this piece of cloth off a brass nail—I am quite sure he is the person.
Prisoner. How can you swear to me, there was a thick fog? Witness. There was a gas-light came just from where he was—I can swear to him by his dress and his look—I identified him the instant I saw him.
GUILTY .* Aged 22.— Confined Six Months.
(There was another indictment against the prisoner.)
CHARLES HASTINGS COLLETTE . I am a solicitor—the prisoner was in the service of the laundress where I was—she had the opportunity of getting my books—this book is the property of my partner, Mr. Pritchard, and myself—I did not miss it till the policeman brought it.
Prisoner. I took it to sell for the housekeeper's daughter.
GUILTY . Aged 24.— Confined Four Months.
LOUISA BARNJUM . I am single—the prisoner was in my service—I missed my umbrella on the 19th of Dec, and spoke to her about it—she denied all knowledge of it—she afterwards said she had lent it—this is it.
Prisoner. I did not intend to steal it.
GUILTY . Aged 26.— Confined Two Months.
JOSEPH SMITH . I live in Union-place, and am a shoemaker. On the I afternoon of the 10th of Dec. I was at the corner of Finch-lane, Cornhill, and felt a pull at my pocket—I turned, and saw the prisoner with my handkerchief in his hand—this is it.
Prisoner. It was not in my hand, it was on the ground. Witness. I saw it in his hand, and he threw it down.
Prisoner. I was passing, it laid on the pavement, he turned and collared me.
GUILTY .* Aged 16.— Transported for Ten Years.
ANN STAPLEY . I am the wife of Edward Maitland Stapley, of Goswell-road, tobacconist—the prisoner was in my service, and having reason to suspect her, I searched her pocket, and found this satin, this pair of stockings, and the shoes, which are all mine.
Prisoner. My mistress found the shoes on me, and beat me severely with them.
GUILTY . Aged 16.—Recommended to mercy.— Confined One Month.
442. WILLIAM CLARKE was indicted for stealing 1 coat, value 6s.; 1 cloak, 6s.; 2 gowns, 4s.; 1 pair of trowsers, 2s.; and 1 shawl, 4s.; the goods of William Ellingham, from the person of Sarah Ellingham .
SARAH ELLINGHAM . I am the wife of William Ellingham, we live at Rickmansworth. About eleven or twelve o'clock, on the 19th of Dec., I was going along the road with a bundle, containing the articles stated—the prisoner was driving a cart, and asked me if I would ride—I got into the cart with my bundle, and rode a considerable distance—he behaved very ill to me, and I said, "I shall not ride any further, I ahall get out"—he said, "Get out, I shall not charge you anything for riding yourself, but I shall for your bundle;"—I said, "How much? "—he said, "Fourpence"—I got four penny-pieces in my hand to give him—I threw the bundle out on the bank, and got out—he jumped out, and threw the bundle into the cart, and it fell into the road—I went to pick it up, and he said, "You shan't have it without you pay 6d. "—I said, "Very well;" but he rode on with it—I had not known him before.
Cross-examined by MR. BALLANTINE. Q. Do you not know where he lives? A. I do now, he lives at Iver—I only know that by hear-say—I do not know of his having been robbed—no relation of mine was charged with having robbed him—he would have taken liberties with me if I would have let him—I do not know that he was drunk—he was extraordinary in his manner—he had his senses perfectly about him—he swore very much—he threw the bundle up into the cart with great violence, and it fell through the cart into the road—I went to pick it up—he came again, and threw it up in the cart with great violence, and rode off.
WILLIAM DELVE HEATH SAUNDERS . I am a millwright, and live at Bromley-cottage—I had my fowls safe on the the 30th of December, aft twenty minutes before two o'clock—I missed them the next morning at a quarter past eight—tfcese now produced are them.
Cross-examined by MR. PAYNE. Q. How do you know them? A. They have marks—the old cock is what is called buttoned round, and the other if half buttoned—I have fed them, and am acquainted with their voices—I swear they are mine.
HUGH BRONHAM (police-constable K 367.) I found the prisoner in Mile-end-road with these fowls at a quarter past seven o'clock in the morning, on the 31st of December—he said he brought them from Old Ford, and they belonged to his father, whose name was Baker—he ran away, but I caught him.
Cross-examined. Q. Did he not say at the station that he got them just past the milk-house? A. Yes—that is where the prosecutor lives—he begged of me to let him go.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy,— Confined Three Months.
GEORGE FRANKLIN COLLINS . I am a farmer. On the 23rd of Dec., at half-past four o'clock, I was in Bloomsbury—I received information from a coachman—I went and took the prisoner—I said, "Come back, you have taken my handkerchief"—he
said he had not—I brought him back—my hand kerchief was found, but not on him—this is it—I had missed it on that occasion.
JOHN BATEMAN . I am a coachman. I saw the prisoner deliberately put his right hand into the prosecutor's pocket, and take out a silk handkerchief, which he put into his left-hand pocket—it was found in a shop just by where he was—I did not lose sight of him till the policeman caught him.
GUILTY .* Aged 23.— Transported for Ten Years.
JOHN CHURCH . I live in Devonshire-street, Portman-place. On the 27th of Dec, at half-past twelve o'clock, I was in Long-acre—three or four persons jumped before me, and a person called out, "You are robbed, stop thief"—I turned and saw my silver snuff-box on the ground—Byrne had collared Coleman—there were two other young men with Coleman—Kater came to Bow-street afterwards, and was taken, but whether he was one who was with Coleman I cannot tell—this is my snuff-box.
PAUL BYRNE . I was in Long-acre, and saw the prisoners behind the prosecutor—the other, who is not in custody, held his coat up behind them—Coleman took the box out of the prosecutor's pocket, and passed it to Kater, who dropped it—I jumped across, seized the prisoners, and called out, "You are robbed, stop thief"—the other tried to pick up the box, and I seized him—I had hold of the three at one time, but it being very greasy, there was struggle, and the other and Kater got away; but Kater came to the office, and I recognized him.
Cross-examined by MR. PAYNE. Q. What are you? A. A perfumer—I live at Hemel Hempstead—I had never seen either of the prisoners before—I saw Kater afterwards at Bow-street office, standing there looking—an officer asked if I knew anybody in Court—I looked round, and saw him.
COURT. Q. Had the officer in any way pointed him out? A. No—he asked if I saw anybody there that I knew, and then I looked very hard at Kater—I went down and picked him out.
MR. PAYNE called
CHARLES PELTON . I am a shoemaker, and live in Kentish-town. Kater was my apprentice about fourteen months—he dined with me on Christmasday, and I told him he need not return to me till the Wednesday evening, and on the Wednesday morning he was taken.
CLARISSA KATER . My husband is a sawyer—Kater is my son; he come home from his master's at Christmas. On the morning of Wednesday, the 27th, he was with roe till about five minutes past twelve o'clock, at my house, No. 38, Church-street, Soho—he left me then, and I did not see him again till he was in custody.
JAMES FAIREY . I am a tailor, and live in Church-street, where Mrs. Kater does. I remember the Wednesday after Christmas-day—I saw her son there till five minutes after twelve o'clock, as near as possible.
COURT. Q. What made you remember the time? A. He had to go somewhere, and he said to his mother, "It is twelve o'clock, good bye"—she said, "Mind you be back in good time to go home in the evening."
RICHARD HOLMES . I am a butcher, and live in Lumber-court. I know Kater—I saw him on the Wednesday after Christmas-day standing in the court, opposite my shop, about ten minutes after twelve, and we were in conversation three-quarters of an hour, as near as possible.
JOHN CHURCH re-examined. Q. What makes you speak to the time? A. The Magistrate asked me what time it took place, and on looking up at the clock there I saw it was one, and I laid, "The transaction took place about half an hour ago."
COLEMAN— GUILTY . Aged 17.— Confined Six Months.
KATER— NOT GUILTY .
MARY HOLMES . The prisoner lodged with me, in Vine-place—I missed my shawl and gown at six o'clock one morning, and the prisoner was gone from the room—she had given no notice to quit—I afterwards found my shawl on her, and my gown on Smith.
Prisoner. You lent them to me. Witness, I did not—I had nothing else to wear.
(The prisoner put in a written defence, stating that ihe prosecutrix had lent her the articles, and that she (the prisoner) had lent her wearing apparel.)
GUILTY . Aged 19.— Confined Three Months.
MR. DOANE conducted the Prosecution
FRANCIS HARDEN (police-constable E 88.) On the 11th of Dec. I was called to Mr. Oliver's house, in Fitzroy-square—the prisoner was given into my custody—some keys were delivered to me by the female searcher at the station—I went back to Mr. Oliver's, and, in" the presence of Mrs. Oliver, I opened the prisoner's boxes, which were pointed out to me, and found two duplicates in them.
JAMES PALMER , shopman to Mr. Chapman, pawnbroker, London-street, Fitzroy-square. On the 29th of Nov. two sheets, a boa, and a scarf, were pawned with me, in the name of Sadler; and on the 1st of Dec. a woman came, in the same name, and took out the boa and the scarf, she placed instead of them two more sheets, and two pillow-cases—the duplicates of them correspond with the duplicates the officer found.
JANE OLIVER . I am the wife of William Oliver, of Fitzroy-square. The prisoner was my housemaid from May till December, when I gave her into custody—the policeman afterwards brought some keys—I pointed put the prisoner's boxes to him, which were brought down, packed up—they were locked—the keys opened them, and I saw the duplicates found in one of the boxes—these four sheets and two pillow-cases are mine—the prisoner must have taken them from the dirty clothes, or on their return from the wash—she had no authority to take them.
Cross-examined by MR. WILDE. Q. She had access to this linen? A. She had no business with it—she must have taken one or two at a time—I changed my servants once or twice before I went to France, but not since—I called on the prisoner's sister—I did not state I had been robbed by the footman and the cook—I did not examine the prisoner's boxes before she went away—I went and stood in her room, and told her to put her things together, and I would not lose sight of her—she unlocked her boxes, and put her things in—I did not touch anything, nor look over her—I have five servants—these sheets belong to half a dozen pairs, which are without a seam—Have the corresponding
ones, and can swear to the mending of them—I saw them last October, when I returned from France.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
(There was another indictment against the prisoner.)
MR. BALLANTINE conducted the Prosecution,
JOHN CLEMENTS . I am a constable of the London Docks. I thought it necessary to watch at the south railing of the docks with Somes—we have a watchman on the docks who leaves at six o'clock in the morning—on the morning of the 14th of December I and Somes came to the dock and stationed ourselves where we could see the south quay, where there are warehouses and sheds in front of them—the back of the sheds faced us when we were there—the moon was shining—we had only been stationed there a few minutes when we heard a rtoise from the quay shed—I saw the prisoners come from the shed—Johnson worked there as an extra labourer—they went up to two hogsheads of brandy, and I heard them boring them—I and Somes waited a few minutes, and then went softly to the casks, and saw the prisoners—each was crouching down at the bulge of a cask of brandy, each of them holding bladder to a brass cock—there were no brass cocks there before—I rushed forward and tried to seize Eglington—I fell down, and Eglington succeeded in running away to the jigger-room—he went over the roof there—I called to a policeman—I afterwards saw Eglington in custody—I have no doubt that be is the person—Johnson got away—here are six bladders, two cocks, two gimlets, and two sacks, which I found by the casks.
Cross-examined by MR. DOANE. Q. Had you seen the casks of brandy? A. Yes, the previous evening, and after that the private watchman came on duty—I saw the prisoners plainly—they came out of a shed—Eglington came out first—after that a bag was thrown out, and then Johnson came out—I had seen Eglington in the docks for three or four months before—I had a clear view, and have no doubt that Eglington was one of the men.
MR. BALLANTINE. Q. This brandy was in possession of the dock company, and the dock was liable to pay the duty on it whether it was stolen or not? A. Yes.
WILLIAM SOMES . I was watching with Clements—I followed Johnson when he ran away—I lost sight of him about two hundred yards down the south warehouse, which would enable him to escape from the dock—I knew him before, and have no doubt that he is the person—I speak positively to both the prisoners.
EPHRAIM STOCKEN ( police-constable H 183.) I head a cry of police, and ran round to the outer part of the dock—I saw Eglington leap from the roof of a house on to a vessel—I followed and took him—he said he had been on board the vessel the whole night.
EDWARD WIGLEY (police-constable H 141.) I took Johnson into custody at Ellen's-place at the house of Eglington—he came there and asked the woman there if Eglington was at home—I took him, and charged him with stealing the brandy—he said, "That is all you know about it"—he said he had slept with his mother that night in Suffolk-street, Borough—he was asked if he knew Eglington—he said no.
minutes past six, and I saw the two casks of brandy—they had no cocks in them.
JOHNSON— GUILTY . Aged 23.— Transported Seven Years.
EGLINGTON— GUILTY . Aged 29.— Confined Six Months.
449. JOHN WILLIAMS was indicted for stealing, on the 22nd of Dec., 2 padlocks, value 1s.; 250 brass column rules, 6l.; 1 pair of shears, 1s.; 1 gas branch, 10s.; 121bs. weight of lead, 4s.; the goods of Fortunatus Robert Townsend Crisp and another: 1 composing-stick, 4s.; 1 apron, 6d.; the goods of William Darell: and 2 composing sticks, 10s.; the goods of George Fellows.
FORTUNATUS ROBERT TOWNSEND CRISP . I am one of the proprietors of the Farmer's Journal, and live in North Wellington-street, Strand. I have one partner—I missed two padlocks and these other things—these are them—they are ours—the place was locked up the evening before.
WILLIAM CHADWICK ( police-constable L 9.) At ten minutes before five in the morning of the 22nd of Dec. I was going into Bell-yard, and saw the prisoner come out of the yard—I observed a bundle behind (he door containing these things—I found this screw-driver on him, which corresponds with some marks on the door.
GUILTY .* Aged 21.— Transported for Seven Years.
WILLIAM LATCHFORD . I live in Ely-place, Holborn. About seven o'clock, on the 25th of Dec, my cloak was safe, either on the pegs or the chair in my house—the prisoner knocked at my door, and asked for me, and while my servant was gone down, the prisoner walked in, and took the cloak—I took him in the passage with it on him, and gave him in charge—he appeared to be tipsy when I took hold of him.
GUILTY . Aged 49.— Confined Three Months.
JOHN MERRICK . I live in Henry-street, Hampstead-road. On the 29th of Dec. I saw the prisoner take this cheese from outside Mr. Webb's door, and put it under her cloak—I went after her, and found on her two pieces of cheese, which Mr. Webb identified.
Prisoner. Q. Did you not see me go into the shop? A. Yes, then you turned round, and took the cheese.
Prisoner. I went into the shop with the cheese, and paid for it; I put the money on the counter. Witness. I asked her to point out the person who she paid—she could not—there was no young man in the shop but me, and she did not pay me.
GUILTY . Aged 64.— Confined Two Months.
This gown was safe on the 24th of Dec.—I misted it on the evening, of the 27th—this is it—it is my master's.
GEORGE JOHN RESTIEAUX (policeman.) Between five and six o'clock in the evening of the 26th of Dec. I saw the prisoners in Charlotte-street—I followed them to Stratton-street—Taylor had this gown in his apron—I took them, and Taylor said, "Dunkley got the gown somewhere, and gave it me to carry," and at the station Dunkley said he picked it up in Charlotte-street—there were no marks of mud on it, or on the apron that it was wrapped in—they afterwards boih said they lived in one room.
Taylor. He picked up the gown, and gave it me to carry.
TAYLOR— GUILTY Aged 10.— Confined Six Months.
DUNKLEY— GUILTY Aged 12.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
HENRY TAYLOR . I live in Elm-place, Pimlico—I know the prisoner by sight—last Sunday, about five o'clock, be came to me, and said, "Go and get me half an ounce of tobacco, and I will give you a halfpenny"—he gave me half-a-crown to pay for it—I went with it to Mr. Norman—I gave him the half-crown—he gave it back to me—I took it to the prisoner, and said, "Mr. Norman says this is a bad one"—I gave him back the same half-crown.
FREDERICK NORMAN , tobacconist, Queen-street, Pimlico. About five o'clock last Sunday, Taylor came to me—he threw down a half-crown—I rubbed it on a piece of stone—it was bad, and I returned it to him—this is the same.
JAMS GIRDLE . I live in the next court to the prisoner—about half-past five o'clock last Sunday evening, he asked me to fetch half an ounce of tobacco—he gave me half-a-crown to pay for it—I went to Mr. Bowerman and gave the same half-crown—he detained him.
Prisoner. I never saw you till you were at the station.
Witness. I am aure you are the person—I knew you before.
GUILTY . Aged 18.— Confined Nine Months.
WILLIAM CLARK . On the 18th of Dec. I was standing at the corner of Church-street, Brick-lane, and saw the prisoner coming towards me—he rushed against me—he put his hand into my pocket, and tried to take my handkerchief—I said, "You are attempting to pick my pocket"—he said, "You b——, if you say that again I will be a match for you"—he went to a shop door, gave a whistle, and put himself in an attitude to strike me, but the policeman came upon him.
Prisoner. Q. Who had you with you? A. Two persons—I was bidding one of them good bye—I did not kick you.
Prisoner. Q. Where was I? A. In the attitude of fighting—the prosecutor said you knocked hit hat off, by running against him—I did not say, "You have got a blow in your eye," nor that I believed you were innocent—a gentleman came to the station, and said he believed you was innocent—I do not know who he was, but the prosecutor said he came up at the time that you did—the prosecutor was not intoxicated.
Prisoner. The prosecutor poshed against me; I said, "You are a nice gentleman," and a man with him said, "Don't hit him;" he said, "I will kick him," and he did; I went to a house where I bad been before, and returned in two or three minutes; he then struck me in the eye; we had six rounds in the road; he only gave me in charge because I should not give him in charge for an assault. Witness. I saw no fight at all.
GUILTY . Aged 21.— Confined Three Months.
GUILTY .— Confined Three Days, Sixth Jury, before Edward Bullock, Esq.
GUILTY . Aged 9.— Confined Eight Days, and Whipped.
HENRY FOWLER (police-constable E 111.) At half-past eight o'clock, on the night of the 15th of Dec., I was on duty at the corner of Percy-street, Tottenham Court-road, and saw the prisoners in company with another—they turned out of Tottenham Court-road into Percy-street—I saw them separate, and watched them for about a quarter of an hour—I saw Field come and give Purdey a book—Purdey was half-way down Percy-street—Field then left Purdey—I went to the corner of Tottenham Court-road, to see if I could see a constable to take them into custody—I then went after Field, and took him in Percy-street—the other officer took Purdey.
Cross-examined by MR. HORRY. Q. You lost sight of them? A. Yes—I was satisfied they were not going to move away, and they stopped there till I came hack—I took Field about fifty yards from Mr. Brown's shop—Purdey wad taken about thirty yards from Field—no one saw what took place but myself.
COURT. Q. How far was Purdey from Mr. Brown's shop when he got the book? A. About two hundred yards.
JOHN BROWN . I am a bookseller, and live in Charlotte-street, Percy-street This is my book—I lost it on the 15th of Dec.—I had seen it safe about one o'clock that day—I did not miss it till the policeman brought it, about nine at night—there is a private mark on it.
Cross-examined. Q. Are you quite sure these books were sot sold? A. Yes—they are both mine—I have only a boy who serves in the shop, but
the books all past through my hands before they leave the shop; if I was out he would tell the books, but they would not be put down till I came in—I saw them in the middle of the day—there were five volumes of the Church Magazine next to these, which I strongly suspect the prisoner had.
Purdey's Defence. Field was not in my company; I found the books placed behind the pillar of a door in Percy-street; a gentleman came on horseback, and desired me to ring the bell; I went there, but there was no bell.
PURDEY— GUILTY . Aged 17.— Confined Four Months.
FIELD— GUILTY . Aged 16.— Confined Twelve Months.
ELIZA STOCKHAM . I am the wife of Benjamin Stockham. In Sept. last, the prisoner took a furnished room at our house with another person, and left on the 14th of Dec.—I missed these blankets and pillow-case from her bed on the 14th of Dec.—she did not come back after that—I found the dirty sheets still on the bed, and the clean sheets I had furnished her with, missing—these are the things—I never allowed her to pledge anything, and she never told me she had done so.
Prisoner. You must have had some other key; I had the key of the room in my pocket.
Witness. No, I had not; you were in the yard when I looked.
THOMAS BARTLETT (police-constable K 16.) I apprehended the prisoner in Salmon-lane—I told her it was for stealing these things—she said, "I did it, no one else did it," and that she pawned them—at the station she produced four duplicates.
Prisoner's Defence. I did not intend to steal them; I had not left my lodgings, nor given warning.
GUILTY . Aged 29.—Recommended to mercy.— Confined Four Months.
JAMES SHARGOLD . I am assistant to William Angus, of George-place, Knightsbridge. On Tuesday evening, the 12th of Dec., the prisoners came into the shop together—William aiked for a scarf—they looked at some collars, and bought one for 6d.—William said they would call the next morning—the next day I was spoken to by a Mr. Bennett—I examined the scarfc and found this was missing.
Cross-examined by MR. BALLANTINE. A. What time was this? A. Between five and six o'clock—I speak with certainty to the prisoners—I never saw them before.
MICHAEL M'DONALD ( police-constable D 66.) On the 15th of Dec. the prisoners were given into my charge, by a man named Bennett, in Lowndes-square—as I was going to take them they doubled back, and John ran away—after running through several streets, I took him, and the young man who gave them in charge took William—next day I went to a house in Warwick-street, Golden-square—I found this scarf and other things in a back room on the ground floor, under an old bedstead, and a rug drawn over them—I heard
the prisoners examined before the Magistrate—they said something about Warwick-square.
NOT GUILTY .
RICHARD DAVIS SKINNER . I am a seaman, and lodge in Chopping-court, Gravel-lane. On the night of the 27th of Dec. I went home with the prisoner—I put my jacket on a chair alongside the bed—I missed it in the morning, and I spoke to the prisoner about it—I went to my sitter, got some money, and the prisoner got it out of pledge—I then went back and laid down—the prisoner said, "Take off your clothes"—I took off my things, and put them under the pillow—that was between one and two o'clock in the day—when I awoke I missed my jacket again, and the prisoner too—I went down stairs, and she was there—I said, "Go and get my jacket; I don't like my friends to see me a second time without it"—she used very bad words—I went and got the officer to come and take her—when I met her the first time I said I had no money, but I should be paid on the Saturday night—she said that would do for her.
Prisoner's Defence. He had no money; next morning he said he should like to have something to drink; I went for a pot of half-and-half, and some gin, which he partook of; I pawned his jacket, and gave him the duplicate; he went away, and returned; I pawned his jacket for the same as I did before; he sat by the fire smoking and drinking till the money was all spent; then he asked me to redeem the jacket; I said I could not now, all the money was spent; he said if I did not he would give me in charge.
NOT GUILTY .
JOHN SIMPSON , shoemaker, Boshers-court, Marylebone. At a quarter past twelve o'clock on the 12th of Dec. the prisoner came to my shop to be fitted with some boots—she decided on a pair, but did not choose to give the price—she then went out, and I missed a pair—she was just outside the door—I insisted on her returning, and said I was certain she had something about her—she dropped this pair of boy's boots from under her shawl—they are mine, and are one of the pairs I showed her—she pleaded great distress, and begged to be let go—I sell these for women's boots about St. Giles's—they are called boy's boots—they are strong ones.
Prisoner. I came outside, and just laid hold of a pair, and looked at them—he pulled me back, and gave me in charge; I was not off the step of the door.
Witness. She offered to pay 5s. for another pair of boots.
GUILTY .* Aged 24.— Confined Four Months.
BENJAMIN WATTS . I live in High worth-street, St. Marylebone. On the 22nd of Sept. I was employed by Mrs. Morgan, to watch her shop in Earl-street—I watched in a dark turning, nearly opposite—I saw Cordwell go into the shop—he took a dead goose by the neck, and handed it to Waite, who stood outside the door—he was going away with it—I ran across the road
and collared him with the goose in his possession—I took him into the shop, and he began scuffling—Cordwell was in the shop all the time—he had bold of another goose, and a turkey—he struck me, and I fell down—he struck me again, and ran away—the officer came, and I gave Waite into custody—I have known Cordwell for two or three years.
Cross-examined by MR. DOANE. Q. Have you ever gone by any other name? A. No—they nick-name me Sands, because I live with my grandfather—I was convicted here of stealing a shovel—I have only been here once—I had three days—I was not charged with attempting to break into a dwelling-house—I will swear positively that I have only been charged on one occasion—I was in the House of Correction fourteen days on suspicion—I had been ill in bed, and went out to take a walk, I spoke to some parties, and was taken—if it bad not been for Cordwell and his associates, I should not have been in prison at all—I had seen Waites' father once before—he said he would have me locked up if I came near his house to take bis son away.
JAMES PORTER (police-constable D 55.) I went to Mrs. Morgan's and found Waite in custody—I took him—the goose was in the shop—Watu took it up and gave it to me—Waite said he was going by the shop, and Watts pushed him in and pulled down the goose before him.
NOT GUILTY .
SAMUEL HOWE (police-constable G 84.) At four o'clock in the morning of the 27th of Dec. I was in Goswell-street—I saw the prisoner with a bundle on bis head—I stopped him, and asked what he had got there—he said meat, that he was going to Brook's-market for his father, and brought it fron Ironmonger-row—I said I should take him to the station—he then said a man gave it to him at the back of Shoreditch church—he was coming in the direction from the prosecutor's shop—the bundle contained a shoulder, neck, I and loin of mutton, and a piece of beef—I went to Mr. Taylor—he identified the sack and meat as his—this is the sack.
Prisoner's Defence. I was asked to carry it from Shoreditch church.
GUILTY .* Aged 18.— Confined Six Months.
464. JOHN ADAMS was indicted for stealing 1 work-box, value 12s.; one knife, 7s.; 1 rule, 1s.; 1 needle-case, 6d.; 1 pencil-case, 2s.; 1 cross, 3s.; 1 necklace, 1s. 6d.; 2 brooches, 5s.; two ear-rings, 4s.; 1 breast-pin, 3s.; 1 ring, 1s.; 1 toothpick, 6d.; and 1 bodkin, 1s.; the goods of Elizabeth Palmer: and 1 table-cover, 5s.; the goods of Michael Roche.
ELIZABETH PALMER . I am single, and live in Charlotte-street, Somers-town. About half-past eight on the night of the 14th of Dec. I went up stairs from the kitchen—I saw the parlour-door open, and some feet between me and the door—I called my mother—the prisoner opened the door and ran out—I ran and called "Stop thief!"—he had the table-cover under his arm—he crossed the road to Mrs. Hales' door, and laid it down—the work-box was inside it—he turned round, picked up the box again, gave it to me, and said, "I am not the thief; he is gone that way "—I said, "Yes, you are"—I followed him round Chapel-street, and never lost sight of him—Mrs. Farr
laid hold of him—he was brought back, and kept till a policeman came—the work-box contained a ruler, needle-case, pencil-case, and other things—they are mine—the table-cloth belongs to my father-in-law, Michael Roche—they were in the front parlour.
Prisoner. Q. Did not I come out of a mews quite a contrary way to what you were coming? A. No—you turned into the mews—I was close to your heels—you asked what the matter was—I said you knew well, as you were the thief.
Prisoner's Defence. I was returning home—I turned into the mews, and came out—I saw the prosecutrix with a lot of boys—I said, "What is the matter?"—she said I was a thief—I said, "Don't lay hold of me "—Farr laid hold of me, and I walked back with her.
GUILTY . Aged 21.— Confined Six Months.
MR. WILDE conducted the Prosecution.
JAMES BRANNAN (police-sergeant G 20.) In consequence of information on the 7th of Dec., I went with two officers to a public-house in Mitchell-street, St. Luke's, nearly opposite the prosecutor's warehouse—I waited there from five o'clock till about a quarter past—there was a gas-light burning over the window—we had a. full view of the prosecutor's door—I saw the prisoners and another-Walker and the other went to the door with their faces to it—Durall had bis back to them, and bit face to the public-house—he was looking up and down the street—the other two appeared to me to be feeling the door—Durall was two or three feet from them-after that a brewer's servant came towards the door—the prisoners separated—Redman and I came down stairs, and partly opened the public-house door—Walker then passed close by the door—the other two were then at the warehouse door—Walker went across and joined them—they tried the door repeatedly, but were disturbed several times, by persons entering the street—the last time I saw Durall, with the one not in custody, stand with their hacks to Walker, and their faces towards me—Walker stood at the doorway, and I heard the door rattle—I opened the public-house door, and Durall, with the other, went towards Brick-lane—Walker went towards Helmet-row, which was in a contrary direction—I crossed the street, and followed Walker—he crossed Mitchell-street, looked back, saw me, and quickened his pace—I called to him to stop—he commenced running, and paid no attention to me—I said, "Stop, or else I will knock you down"—he turned round on me, with this chisel in his band, which I believe he took out of his pocket—he held it up to me with both hands—I knocked it out of his band with a stick I had, and secured him—I said I belonged to the police, and that he and his gang were breaking into Mr. Pizzie's warehouse, in Mitchell-street—he said he was never there at all—Redman came to my assistance, and we pushed Walker into a baker's shop—I took this bag from his hat, and took him to the station—I then examined the warehouse door—there was a mark on the door, near the lock, which corresponded with the point of this chisel—the door had been painted green, and there was a small piece of the paint near the top of the chisel.
Cross-examined by MR. WILKINS. Q. You do not mean to Bay there is any paint on it now? A. No, nor was there when it was before the Magistrate, but there was when I showed it to Mr. Pizzie at the door—we were in plain clothes—Kershaw, one of the G division, gave me information of this, and was with me on the occasion—I was not on duty that night—I have been thirteen years in the police—I never was in the army—I and my brother officers met at a coffee-shop one morning, at the corner of Helmet-row; but on the last morning, I think we met at the station—we met at five o'clock, but whether we met that morning at the police-station or at the coffee-shop, I do not recollect—I think I was at the coffee-shop first, shortly after five—I think we had half-a-pint of coffee each, and went directly to the public-house—that was the fourth morning we had been there—the landlord was at the window, when we saw the prisoners, and his attention was directed to them; but he could not swear to the prisoners—the warehouse door was from twelve to fifteen paces from the public-house window—with the exception of the gas, it was as dark as at any time of night—it was a little foggy, but not very foggy—I never heard the landlord say that it was so foggy, that he could not discern the features of any person—what I understood him to say was, that our breath on the window caused a fog—I produced this chisel before the Magistrate on the first occasion.
Q. Upon your oath, did you produce it at all till the Magistrate reprimanded you for treating one of these prisoners severely? A. Upon my oath he never censured me for any thing—Walker said I hit him on the hand when he held this chisel up in a menacing attitude—it was not when he complained of my having struck him that I drew forth this chisel as my justification—Mr. Pizzie and Redman were with me when I examined the marks on the door, between nine and ten o'clock in the forenoon—there was one very large mark on the jamb of the door, and a small one on the door, which exactly corresponded with the chisel, which was put into the mark after the door was open—there was no force used to make it fit—I had seen Walker six or seven tiroes that morning—his face was familiar to me—I did not strike him more than once—I had a bottle of ginger-beer that morning, and I think Redman had a small glass of brandy—I went out first and crossed the road—in less than two minutes I was followed and joined by Redman.
MR. WILDE. Q. Fog or no fog, are you sure Walker was one of the parties? A. Yes, quite—he passed close to me, not thinking that I bad the door open.
Durall. Q. You know you are false swearing; you never saw me near the place; where was I when you took me? A. I took you the same morning at a house in Half Nichol-street—I know you was at Mitchell-street—you stood once within eighteen inches of me.
HENRY REDMAN ( police-constable G 224.) On the 7th of Dec. I was with Brannan watching Mr. Pizzie's warehouse—I saw the prisoners in company with another try the warehouse door on several occasions—Brannan and I went down to the public-house door and opened it—the prisoners had bees disturbed, and they passed close by the door where we stood, concealed—they then went back and tried the warehouse door again, and I heard it rattle—they were disturbed again by some one crossing the road—they went back and tried again—Brannan then opened the door to go out after Walker, who went towards Helmet-row—I went after Durall and the other, but lost them—I went back to the warehouse, and found a skeleton key in the door, which I produce—I then went to Helmet-row, and found Walker in Brannan's costody—after he was taken to the station I went with Brannan and another
officer to Durall's house in Half Nicholl-street, Shoreditch—I knocked at the door, and asked if Dick was at home—I was told he was gone out—I waited about half an hour, and Durall came home—I told him I belonged to the police, and I should take him for being in Mitchell-street that morning attempting to break into Mr. Pizzie's warehouse—he said, "I was not there"—I said, "Yes you was, and gave me a run"—he said, "I was not, I hare been to the docks to look for work"—I found this shawl in his hat, and asked what he did with that at the docks—he said, "I took a bit of victuals in it this morning"—I said, "There is no victuals in it now"—he said, "No, I hare eat it"—I took him to the station—it was then about a quarter before eight o'clock—I went to Mr. Pizzie's warehouse, and saw two marks just below the lock of the door—I fitted this small crow-bar or chisel to the mark just below the lock, in the presence of Mr. Pizzie and the officers—it corresponded exactly—I had examined the door before, and there were no marks that I observed, and I know there was no key in it—I knew Durall before by having seen him about—I have no doubt he was one of the men.
Cross-examined. Q. This piece of iron is not a bolt, is it? A. No—I am not one of the detectives—I was on duty that morning—I was sent to the public-house by my superintendent—there were three of us—we were in plain clothes—we met at the station, and went from there to the public-house—I had 3d. worth of brandy, but nothing else, either there or any where else—I am not aware whether the other men had—there was a little fog that morning—the landlord was in the room with us, watching a short time—he then went down, and we also—I put the chisel into the mark in the door—I got it in easily—the door was shut at the time.
MR. WILDE. Q. Were you the only person who tried it to the mark? A. Brannan tried it also—I had been there on the, morning of the 6th—I had the brandy at the King's Head—I do not remember going to any other place on any other morning—I was there on two mornings before that—it was on the morning of the 7th that I had the brandy—I used no violence in fitting this chisel.
Durall. Q. Do you know me? A. Yet, by seeing you in company with thieves on several occasions.
CALEB PIZZIE . I am a trimming manufacturer—I have a warehouse, in Mitchell-street, St. Luke's. On Wednesday evening, the 6th of Dec., I Had goods in my warehouse—no person sleeps there—next morning the man who had been attempting to undo the door with the key came to me, and the policeman came up at the time—it was then about nine o'clock—I observed the marks of a chisel on the warehouse door, and between the door and the doorpost, which the officer pointed out—they appeared to be the marks of the chisel, as if from pushing it in between the door and the post, and there were marks of green paint on the chisel.
Cross-examined. Q. You would not like to swear it was this chisel which made the marks? A. I should be very sorry to do that.
(Walker received a good character.)
WALKER— GUILTY . Aged 21.— Confined Eight Months.
DURALL— GUILTY . Aged 22.— Confined Twelve Months.
NEW COURT.—Thursday, January 4th, 1844.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 21.— Confined Six Months.
(There was another indictment against the prisoner.)
GUILTY .* Aged 18.— Transported for seven Years.
(There was another indictment against the prisoner.)
GUILTY . Aged 19.— Confined One Month.
470. CHARLES JAMES KNIGHT was indicted for stealing 7lbs. weight of type, value 28s.; and 4 side-sticks, 2s.; the goods of George Nichols, his master: and ISAAC RICH , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. CLARKSON conducted the Prosecution.
GEORGE NICHOLS . I am a printer, and live in Earl-court, Leicester-square. Knight was my apprentice—in consequence of information, on the 18th Dec. I went with a policeman to Rich's house, in Kingsgate-street, Holborn, where be carries on the printing business—he was not at home—I went into his office, and found some type, some borders, and iron side-sticks, which I claimed—the type was by itself, laid out for regular business—each type was distributed into a case, as we always keep them—I took from the case what I claimed—these are them—I had been missing such type, and side-sticks, and borders, for the last eight or ten months, to the amount of 60l.;—when I hid selected these. Rich came in—I said, "You have property on your premise! brought here by Knight, my apprentice"—he made no reply—I said, "Tell me the founder whom you got these things from?"—he said he did not know—I afterwards produced the two side-sticks to him, and said, "These are my property"—he made no answer—Knight was outside the door at the time, is custody—I gave the type to the policeman—Rich did not say anything on that—I then gave him into custody—he and Knight were taken to the police-court—I returned'with the policeman to Rich's premises—I there found some more type and side-sticks, which I claimed—they were in cases in different parts of the office—there was a man named Napier in our company—he collected with me that portion that forms these two lots—I am positive they aw mine—there is about six or seven pounds of type altogether—neither Knight nor any one, had authority from me to lend or dispose of any articles in my business—before I went to Rich's that morning, Knight had been called down into the presence of Napier, and he had identified Knight as the person he alluded to—Knight did not make any answer—there was some type found behind the bed which belonged to me—there is a practice in the trade of one printer borrowing a line of type from another, but it would be kept together—if one printer was to borrow the words "boots and shoes" it would be kept together in that state in his office.
Cross-examined by MR. BALLANTINE. Q. How many of these iron sidesticks are there? A. Three—there is no private mark on them, nor anything uncommon in the shape or size—the gradual slope is particular—other side-sticks are sloped, but they are not so sudden in their slope—they are more progressive—I have never seen in other person's possession side-sticks
so gradual as these—Mr. Hopkinson, the engineer, makes them—this gradual slope is my plan—it adjusts the type more accurately—these bars are type as well as the letters—there is nothing in the ban that I can identify—they are not at all uncommon—there is no slant in this"U" or "W"—I can identify them, because I have lost property of this description—other type would not be of the same colour—according to the wear and usage it hat, it loses its brightness—type used the same number of times, would have the same appearance—I do not swear to this type—it forms a complete border—I got this border from his place—neither of these borders on this card are my printing—I do not know Bell—I have seen him—I have heard that he is the person from whom Rich purchased the business—Bell gave me his direction, which I gave to my solicitor—on going to Rich's house, I had this conversation—to the best of my recollection, I am prepared to swear that this was the whole of the conversation—I swear that I first said, "You have property on your premises brought by Knight," and that I said that before I asked from what founder he bought the type—I will swear there were not twenty other questions asked before that—nor ten—nor five—the policeman was present—I only found his wife there—I merely said I was come to search for stolen goods—I did not send her into a fit—Rich came in in about five minutes—I did sot hear his wife say, "Here is a fine thing, Mr. Nichols is here searching this place for stolen goods"—it might have taken place—Rich did not sty, "What business has Mr. Nichols here?"—I do not think he knew my name—I said words to this effect," Mr. Rich, you have got a great deal of my type here"—he did not say, "No, I have not," nor say no, at all—I said, "Oh, my apprentice has told me all about it, and owned to every thing"—I did not say "You may as well assist me in the search"—the officer did not, in my presence, caution him from saying anything—Rich did not say, "Oh, I do not care, he may search as long as he pleases, and take away what he likes"—that may be the substance of what he said, but they were not his words—I was collecting a lot of type together—he said, "You may as well say the whole office is yours"—I have been acquainted with Napier since the day he was brought into the parlour by my brother—I ascertained that he was in Bell's employ that day—I have offered to take Napier into my employ—I think that must have been on the 2nd examination—it was not on the examination on which Napier admitted that what he had said before, was false—it waa on the third examination, he said that—it was after my offer to take him into my service—it was not because I thought him a liar that I offered to take him—it was on account of his honesty in the first instance—in fact I did not make the offer, it was suggested—my brother said, "I think this boy deserves to be taken in your place," and I said, "In all probability I may."
MR. CLARKSON. Q. Is the whole of this type, to the best of your judgment, your property? A. Yes, I can swear to such as I have selected—Napier was brought by my brother to my house for the first time, when he identified Knight as the person who had been at the shop—on the first examination Rich was admitted to bail, and Napier returned to his service—on the second examination Rich was not admitted to bail—on the third examination Napier altered his story.
JOHN NICHOLS . I live in Chandos-street, and am a printer; I am the prosecutor's brother—I had information, which led to my taking Napier to my brother's—Knight was called down, and Napier said, "That is the person that lent the type."
(Mr. Clarkson here gave up the case for the prosecution.)
NOT GUILTY .
HENRY WOOD . (police-constable K 44.) I laid 60lbs. of lead on these premises—I have compared the lead produced with the premises—I had marked it two days before, because about 3001bs. had been taken before.
DANIEL SUTHERLAND (police constable K 127.) I detected the prisoner with this lead on him, between eight and nine o'clock in the evening, on the canal bridge, about 100 yards from the premises—he said a man gave it him to carry—I asked where to—he said he did not know.
Prisoner, I said I had it from a party to carry who was walking behind me. Witness. There were several persons walking behind—the men were coming from work—a man stated that a man gave it you, and described his dress, but I saw no man in particular—when I laid hold of you, you laid the lead down, and would not carry it.
Prisoner's Defence. I met this man; he asked me to carry it, and I did—I missed the man, and the policeman came and asked where I got it; I sail from the man, to carry, and he would give me a pint of beer: I gave a description of his dress.
GUILTY . Aged 19.— Confined Six Months.
WILLIAM HENRY MILLS . I live in Edgware-road, and have one partner. At half-past five o'clock on the 27th of Dec. I received information, and missed five handkerchiefs—these two were brought back—I can swear they are mine—I had seen them hanging on the door-post five minutes before.
CHARLES DEAN . I live in Bury-place. I was in Edgware-road on this evening, and saw two boys run away from the prosecutor's shop—Smith wai one—I ran and caught him—I asked what he had taken—he said, "Nothing"—he dropped a handkerchief—I said I would take him to Mr. Mills—the policeman came up, and he dropped another—the policeman took him.
MICHAEL CUSACK (police-constable D 60.) I was on duty—Mr. Mills gave me information—I went into Chapel-street, and saw Smith coming towards me—Dean had hold of him—Smith dropped a handkerchief—another boy standing by took it up and gave it to me.
JOHN THRUSSELL (police-constable D 168.) About half-past five o'clock Cusack gave me information—he had got Smith—I had seen Knight and Smith together about half-past five—I went to Knight's lodging, and found him in bed—I said, "I want you"—he said, "What for? "—I said, "For a robbery at Mr. Mills's of the silk handkerchiefs "—he said, "I know nothing about it"—I said, "You must get up," which he did—I then found this handkerchief round his body.
Knight. I had had it a long time.
KNIGHT— GUILTY . Aged 14.
SMITH— GUILTY . Aged 12.
Transported for Seven Years.—Penitentiary.
THOMAS TELFER . I am in the employ of Alfred William Edward Toys. On the 27th of Dec. I saw this cloak safe about three minutes before I missed it from the lobby—I saw the prisoner going to the right with it—I ran and asked what she had got—she said, "Nothing"—I stopped her, and she had this cloak concealed under her shawl—she had been drinking, but was not drunk.
Prisoner, I met a person who gave me a drop of drink—I hare no knowledge of taking the cloak.
WILLIAM TURNER . (police-constable B 109.) I produce a certificate of the prisoner's conviction, in Oct., 1840, which I got from the Clerk of the Peace at Westminster—(read)—I was present—the prisoner is the person.
Prisoner. I can bring plenty of people to prove I was confined at the time. Witness. I am certain I cannot be mistaken—I never had the least doubt of her—she escaped from me, and I retook her in the park—I have not seen her since.
GUILTY . but not of the previous conviction. Aged 45.— Confined Six Months.
WILLIAM JOSIAH WALKER . I am the son of William Josiah Walker, of Oxford-street. On the 26th of Dec. I was in the shop, and saw the prisoners stooping down, and looking at some boots inside the shop in a basket—I went to them—Lonsdale said, "Are they all the same price?"—I said, "Yes," and they walked away—I missed a pair—I followed and took them, and searched Green, but she had not got them—I turned to Lonsdale, and she said, "I have not got any"—I put my hand under her shawl, and took them from her—these are them—they are my father's—I took the prisoners back to the shop, and Lonsdale said, "I am sorry for it, pray forgive me."
Lonsdale's Defence. I said I had got a pair of boots which a woman dropped—I picked them up.
Green's Defence. A woman dropped them, and said, "Here is an old pair of boots for you."
(The prisoners received good characters.)
LONSDALE— GUILTY . Aged 15.
GREEN— GUILTY . Aged 13.
Confined One Month.
JOHN SPARKS . I am in the employ of Samuel Gilley, a baker. I was out with his cart on the 1st of Jan. at Stepney—I left it in the street—when I returned a loaf was gone—I took the prisoner, and found part of a loaf on him—I can swear it is mine by the mark on it.
Prisoner. I bought part of it of a boy. Witness. It is in two pieces, but it is one loaf, and I can swear to it.
Prisoner. I was going home, and a boy came and said, "Will you buy a piece of bread?"—I said, "Yes"—he gave me this piece, and I gave him 1d.
NOT GUILTY .
WILLIAM HAMILTON . I met the prisoner in Oxford-street on the night of the 30th of Dec., and she went home with me—I bought some meat for supper, and after that it was getting late, and she asked if I was going to bed—I said yes, and asked what she was going to do—she said it was too late for her to go home, she was locked out—I asked her to stop there, and after a while I went to bed—she said she should come and lie down by my side with her clothes on—the candle was put out—she then complained of being very cold, and wanted to lie close—she took my hand, and asked what I had got in my left hand—I had a paper containing a half-sovereign and three fourpenny pieces, which I had put into my shirt sleeve when I went to bed to conceal it—I said, "It is a bit of paper"—I then began to feel whether the money was in my shirt sleeve, and it was missing—I rose and got a light—I could not find it—she said it was in the bed-clothes, I should find it in the morning—I then put the light out, but I could not pacify myself, and lighted the candle again—I said, "I don't like this, I should rather find it"—she said, "Do you think I have got it? if you think that, I will smash you"—I said, "Well, never mind, perhaps I may find it in the morning"—I laid down again, and she said she would not stop longer, she should go home—I got up to let her out—I walked a little way with her, and saw a policeman—I told him the circumstances, and gave her in charge—it was found on her at the station.
Prisoner. Q. Have you the face to say you did not promise me the money? A. No, I did not.
Prisoner. I had the money in my hand—the prosecutor said he had lost half-a-sovereign and three 4d. pieces, one with a hole in it.
MARY ECKETT . I searched the prisoner, and found some halfpence, which she said was all she had—I said she had something in her hand—she said she had not—I said, "You have"—she then said it was two or three 4d. pieces—I found this half-sovereign and three 4d. pieces in it.
Prisoner's Defence. He told me to come to him on Saturday night, and he would give me some money to go to market—I said I had no thieving money.
GUILTY . Aged 37.— Confined Three Months.
GUILTY . Aged 23.— Confined Four Months.
have two yards and two stables—the prisoner was in my service, but left it a fortnight before the 13th of Dec.—I have missed several trusses of hay—here is one trass here which I believe is mine—there is a particular kind of clover amongst it, and it happens to be tied with oat bands.
Cross-examined by MR. DOANE. Q. Do you know the yard which the policeman saw the prisoner come from? A. Yes, it is one of my yards, but I have no hay there, I have it at home—they take it down there as they want it.
JAMBS BRADLEY . (police-constable B 134.) At five o'clock in the morning, of the 13th of Dec, I saw the prisoner go into Mr. Cross's yard—he came out again with this truss of hay—I took him—he said he found it in the yard, and then that Mr. Cross's man gave it him.
Cross-examined. Q. Were there not some men at the bottom of the yard? A. Yes—he had no hay with him when he entered the yard.
GUILTY . Aged 20.— Confined Four Months.
THOMAS BRIERS . I am pot-man to Charles Ellis, who keeps the Old Carved Red Lion, at Islington. On the afternoon of the 2nd of January, I saw the prisoner come out of our back yard with a quart pot in his pocket—I went and seized him, from information I received—he had no business with it in his pocket.
Prisoner. It was not in my pocket, but on the seat in the tap-room. Witness. It was in his pocket, and he was going out with it.
GUILTY . Aged 27.— Confined Six Months.
GUILTY . Aged 22.— Confined Four Months.
GUILTY . Aged 25.— Confined Three Months.
GUILTY .— Confined Three Months.
483. JAMES REEVES was indicted for stealing 1 basket, value 1s.; 2 shifts, 6s.; 3 petticoats, 3s.; 1 pair of stockings, 1s.; 1 night-cap, 6d.; 2 habit shirts, 1s.; 1 table-cloth, 5s.; 2 towels, 2s.; and 1 toilet cover, 1s.; the goods of Thomas Snell: and that he had before been convicted of felony.
NANCY SNELL . I am the wife of Thomas Snell, and live in Gwyns'-place, Lisson-grove—I am a laundress. On the 25th of Dec. I gave my husband a basket of linen, containing the articles stated, to put into the cart—I had examined them—they were the property of the persons I wash for.
JOHN CROMEY . I saw the prisoner take the basket out of the cart—I followed him to Exeter-street and told the officer, who stopped him—he had got rid of the basket while I was looking for an officer—I am quite sure the prisoner is the person who took it.
Prisoner. Q. Where were you? A. Standing at the shop on the same side as the cart was.
Prisoner's Defence. I was with a young man, coming up the street; I know nothing of it.
GUILTY . Aged 20.— Transported for Seven Years.
RICHARD ALLEN SPRIGG I keep a book shop. I saw these books safe in my shop on the 30th of Dec.—on the 1st of Jan. the prisoner came to the shop—I observed his coat sticking out behind—I collared him, and these books dropped from him in the shop—they are mine.
Prisoner. I was in liquor, and know nothing of it; I went in for a sheet of paper.
GUILTY * Aged 27.— Confined Nine Months.
485. ROBERT AUGUSTUS JONES was indicted for stealing 1 mare, price 35l.; 1 set of harness, value 5l.; and 1 cabriolet, 10l.; the property of William Winch; and that he had been before convicted of felony.
WILLIAM WINCH . I am a job-master, and live in White Horse-yard, Windmill-street, St. James's. On the 1st of Aug. the prisoner came to hire a horse and cab—I let them to him—they were worth about 50l.;—he said he was going to Chelsea, and should return between eight and nine o'clock the same evening—he did not come—he said he lived at the Chapter Coffee-house—I went there, and could not find him—I heard of the horse and cab ten days afterwards at Andover.
HENRY BUCKINGHAM . I am a farmer, and live at Andover. On the 3rd of Aug. I was at the pig-market at Newbury with my horse at the New Inn—the prisoner came, and wanted to change a mare for my horse—I refused, and then he asked me to buy the mare and harness, which I did for 9l.;—the mare was very lame—Mr. Winch came and identified it, and I let him have it—the prisoner said he gave 17l.; for it at Mr. Dixon's, in Barbican.
Prisoner. Q. Have you any bill or paper to prove you gave me 9l.;? A. I have a witness to prove it—you gave me your address, Robert Augustus Jones, in some street in Euston-square.
Prisoner. I did not say I lived at the Chapter Coffee-house, but the people there knew me—I went to Cremorne-house, Chelsea, where I said I was going—I had no felonious intention.
GUILTY . Aged 23.— Transported for Ten Years.
NOT GUILTY .
Fifth Jury, before Edward Bullock, Esq.
GUILTY .— Confined Six Months.
JOSEPH SKINNER . I am an auctioneer. The prisoner was employed by me as a coffee-roaster—he was to see that it was properly roasted, keep an account of it, and receive the money for the coffee that was roasted—he used to fetch the coffee from the different grocers, and to return it—some of the customers paid when it was taken home—he used to make up his accounts once a week—the last he made up was to the 2nd of September—I could not get him to enter into the account, or to give me any explanation whatever after then—I applied to him various times—he did not continue in my service—he made an objection to serve me, but he did not leave the premises—he kept carrying on the business, and led me to suppose that in a few days he should be able to purchase the business back again from me—he never paid me 3s. 3d. for anybody—he never paid me any money at all.
Cross-examined by MR. DOANE. Q. You are an auctioneer and broker? A. Yes—I have carried on business at No. 72, Whitechapel-road—I was before a cabinet-maker and upholsterer—I am not carrying on any roasting now—I think the prisoner came into my service about the 24th of August—he was to have 1l.; a week—he was to roast coffee in Flower and Dean-street, which was his house, before the Marshalsea officer took his goods—I believe he was not carrying on the business of a coffee-roaster then, it was at a stand-still—he did not say he wanted 27l.; to get the Sheriffs out—he said his goods were valued at 17l.;—he did not come to me, as a friend and neighbour, to advance him money, to get out of that difficulty—I advanced him some money; but not till a few days before he came out of prison—I advanced him 10s. on the 23rd of August—he sent a message to me for it—he was in the Queen's Bench prison—I advanced it to a person representing herself to be his wife, but I believe she is not—that was the only money I advanced him—the message that was delivered to me was that he wanted 10s.
Q. How came you to get to this coffee-house? A. Because I purchased it, not the business, but the goods, chattels, and fixtures of the Marshalsea officers, when they were loaded in the van, and were going away, if I had not had the charity and good feeling to prevent it—I paid the Marshalsea officers 27l.; for them—before I purchased the goods, the prisoner entered into an arrangement with me, that be would give me up the premises—I did not buy it—I had his consent for possession of the house—I have not two indictments pending over me for breaking into that house—there is an indictment by a false accusation—it is done with a view to get money from my pocket—there is only one indictment against me—it ought to have come on last October, but it did not come on—a legal proper notice of trial was given to the prosecutor—I did not serve it myself, I sent a person—I got into the house before the prisoner was taken into custody—he gave me the possession on the 28th of July—I did not go with a gang of men to take possession—only one went with me, whom I took to leave there—the house was empty when I bought the goods—I kept my servant there till about the 7th of August, and then the prisoner transferred his services over to me—he never tendered me payment of the 27l.;, or a single halfpenny, neither did I ever see a penny of his money—I have been in possession of this place, and carrying on the business of a coffeeroaster, by my servants.
Q. Do you call the prisoner your servant? A. Yes, certainly I do, when a man agrees to work for me for 1l.; a week—I have no witness or document that I took him as a servant—I never took a written agreement with a servant in my life—what business is done by my servants, I presume, in the eye of the law, is done by myself—I call him my servant—he went round to the customers and got the coffee, and kept an account in this book of what he did get—I think he gave me this about the 3rd or 4th of September—the last two pages of the book are his writing—I did not seize this book amongst the goods—if I found the book on the premises it was delivered to me some time prior.
COURT. Q. The goods were going to be taken for his debts? A. Yet—I bought them, and put them into the house till I could dispose of them—I had an understanding with the prisoner, that I should have a public sale then, but he might use the goods—I had no objection to that—he was taken to prison the next day—I roasted coffee by means of servants while he was away—the first engagement I had with him was when he spoke about the sacrifice of the goods; that if I would consent to take to the business, he would be my servant as soon as he came out of prison, and the business should be carried on in my name till he could find a person to purchase the goods again.
NOT GUILTY .
JOSEPH SKINNER . The prisoner was my servant—I paid him 18s. a week, which was the sum Gunner, the last prisoner, had paid him—I engaged him 1—I told him on the Monday morning that Mr. Gunner had given the whole I affair to me, and from that time he would be my servant—he said, "Very well," and every week he received my money.
Cross-examined by MR. DOANE. Q. Did you not find him in the service I of Mr. Gunner? A. I understood he was a journeyman—I never understood he was his apprentice.
NOT GUILTY .
BEATRISS BRAY . I am single, and live in Denmark-street, St. George' s. On the 28th of August the prisoner came to work for me at trowsers making, at my house—she was working there on the 29th of August at seven o'clock in the morning—I went out at a quarter after eleven that morning, and came back at a quarter after twelve—I left her at work when I went out, and when I came back she was gone—I missed a gown, a pair of boots, and a petticoat from a chest in my own room—this is the gown and petticoat—I found them in pawn two hours afterwards.
Cross-examined by MR. PRENDERGAST. Q. I believe you knew her mother? A. No.
CHARLES JAMES MERCER . I am shopman to Mrs. Avila, pawnbroker, Mile-end-road. This gown and petticoat were pawned on the 29th of August, to the best of my belief, by the prisoner—I cannot swear to her positively.
Cross-examined. Q. You had never seen the person before? A. No—I recollect it was a woman, and an hour afterwards I gave a description of the person—she had a bonnet on—I cannot swear whether she had a shawl or a cloak.
SARAH TURNER . I am the wife of George Turner; I live in Denmark-street. I recollect the prisoner going out that day from Mrs. Bray's—I was standing at my own door—I did not know her before, but I observed her, and have every reason to believe she is the person—I could not swear to her.
NOT GUILTY .
WILLIAM MONTGOMERY (police-sergeant F 4.) On the 3rd of Jan., at a quarter before one in the morning, I was in Catherine-street, in the Strand—I heard something fall, and directed Hoyle, who was with me, to turn his light on to a hoarding that was there—I saw the prisoner standing against the hoarding, and this box was close by his feet—I asked if he knew any thing of it, or how he came in possession of it—he said he had found it there—I secured him, and Hoyle took the box—I found eighteen cigars in it, and seventy-two cigars were in the prisoner's coat pocket, which he said he took out of the box when he found it.
ANN MARIA LYON I am a widow, and keep a cigar-shop, in Wellington-street, Strand. This box is mine—I missed it off my counter when Hoyle came to me on the morning of the 3rd of Jan.—I know it was on the counter ten minutes or a quarter of an hour before.
Cross-examined by MR. BALLANTINE Q. In what part was it kept? A. Against the desk, near the window—the door is about three yards from it—I had seen it in crossing the shop ten minutes before—my sister took something out of it about half an hour before—I do not suppose there had been more than two gentlemen in the shop—I am sure the prisoner was not one.
NOT GUILTY .
SOPHIA SAMUEL . I am the wife of Levy Samuel, of New Gravel-lane, Wapping. About two months ago I was at the door with my husband—the prisoner came and said he had come to London and was about to emigrate to Sydney, but he had been unfortunate, and they would not take him—my husband had known him, and he gave him 1s. to get a supper and bed, and invited him to dine on the Sunday—he then came to and fro to our house for about a month, and on the 16th of Dec. he went out and said he would return in five minutes, but did not—I missed these articles, which I had seen safe about five minutes before he went out—these now produced are them—they were entrusted to me on commission, and were is my custody—I did not give him authority to pledge them—I did not see him again till he was, in custody.
WILLIAM TUPPER . I am a constable of Chatham. I went to the house of Solomon Harris, in Chatham, and apprehended the prisoner—Harris said he had received a pledge ticket from him, and it was gone to London—the prisoner said, "I did pawn the things"—I took him to the station, and the next morning he told roe that Mrs. Samuel gave him the things to pawn—I asked him who she was—he said she was a poor woman—as we were coming to London he said he would show me where be pawned them, and where Mrs. Samuel lived, and he did so.
HENRY WILDING , pawnbroker, Shadwell. On the 16th of Dec. the prisoner pawned these things—I knew him, and am sure of him—this is the duplicate—it was brought to me the latter end of last week, and I stopped it.
Prisoner. The things were given me by Mrs. Samuel, to pawn for them;
I understood she gave 35s. for them, and if I could get more, she would re-turn the 35s., and keep the profit; I pawned them for 1l.; 5s., and kept it for money I had lent them.
GUILTY . Aged 27.—Recommended to mercy,— Confined Four Months.
CHRISTIAN BAPTISTE . I am a sailor. On the 2nd of Jan. I was in company with Oakley—we met the prisoner in Back-lane, and went to No. 1, Bluegate-street—next morning at the watch-house I saw my handkerchief round the prisoner's neck—I knew it to be mine—she must have got it at the house in Bluegate-fields—I did not give or lend it her.
Prisoner. I picked it up after he was gone; I did not know who it belonged to; he took some chimney ornaments off the mantel-piece; I missed them when he was gone.
CHRISTIAN BAPTISTE re-examined. I had the handkerchief safe at twelve o'clock the night before last, when I went to her house—I knew no more of the handkerchief till I saw it round her neck yesterday.
NOT GUILTY .
ALFRED OAKLEY . I am a sailor. On the morning of the 3rd of Jan. I met the prisoner in Back-lane—I went home with her—I had been drinking about half an hour before—I had a jacket on, and 10s. in it—I counted my money about half an hour before, and then put it into my inside jacket pocket—when I went home with her I took my jacket off and laid it alongside the bed—I went to sleep and awoke about eleven—she was then gone, and I missed my jacket, hat, and handkerchief—she came up and asked if I wanted water—I said I wanted my jacket—she said my shipmate had it in the next house—I went to my shipmate, and afterwards gave the prisoner in charge—the policeman found my jacket—this is it—the money was not in it when I found it—I have not found my hat or handkerchief.
Prisoner, When I met you, you was going to strike the man that sold oysters, and said you had paid him; I said, "Pay the man, don't be locked up;" you said, "Come and have a drop of gin;" you went and changed half a sovereign; two of your shipmates took the change up; you said you had got no money till you was paid. Witness. No, I did not; I did not take my jacket off, and tell you to get half a pint of gin and peppermint; I was not so drunk but that I knew what I did.
CHARLES POTTER (policeman,) I took the prisoner for stealing the hat, handkerchief, jacket, and 10s.—she said she knew nothing of the jacket—she said at the station that the jacket was at the Angel, in the Back road—I and found it.
JOSEPH WAGER . I am barman at the Angel. At six o'clock on the morning of the 3rd of Jan. the prisoner came with this jacket on her arm—she asked for half a pint of gin and peppermint—she drank part of it, gave the rest away, and took another half pint home—I asked her for the money—sbe said she had no money, but she would leave the jacket till the pawnbrokers opened—she had a pipe and a screw of tobacco.
Prisoner's Defence. The prosecutor had not a farthing; he took off his
jacket, and left it with me to pawn to get half a pint of gin and peppermint, a screw of tobacco, and a pipe; I had nothing for stopping with him: he went out, and said he was going to get his money, and never came back till be gave me in charge; my landlady asked him for money; he felt in all his pockets, and said he had got none, and he would leave his jacket; his shipmate took the change of the half-sovereign.
JURY to CHRISTIAN BAPTISTS. Q. Did you receive the 10s. of your shipmate? A. I did not see the 10s., but I saw he had money, and I gave him 5s. more.
GUILTY . Aged 25.— Confined Six Months.
ISAAC UNDERWOOD , butcher, Stapleford Abbotts. About eleven o'clock on Thursday morning, the 14th of Dec, I went into a field near where I live, to look after my horse, and it was gone—I had not seen it since Sunday morning—it had been in the field for two months—we looked about, and traced him out of the gateway—I came to London, and saw Mr. Monk's man in the road—in consequence of what he told me I went to Mr. Monk's yard, in North-street, and saw my horse there, dead—I knew him by marks which he had when he received a kick on the hock.
Cross-examined by MR. BALLANTINB. Q. He was not in a very good state, was he? A. He was not fat—he had not worked lately—he had had a kick—I did not know the prisoner—my horse was five years old—I should not have liked to have sold him for 12l.;
GEORGE BARNETT . I am in the employ of Mr. Monk, a horse slaughterer. Between ten and eleven o'clock on the 14th of Dec. the prisoner came to our place, and asked me 30s. for the horse which he had with him—I bid him a guinea—he said he would take 25s.—at last I gave him 22s.—he said he wanted it killed—the prosecutor came to my place—I showed him the horse—I saw the prisoner in the evening, and gave him into custody.
Cross-examined. Q. How much would the horse sell for as dog's meat? A. About 2l.;—I did not think it a pity to kill it in the pain it was in—it might have been worth 12l.; before it had the kick—the prisoner said he bought it at Waltham Abbey—I do not know where Stapleford Abbotts is.
THOMAS BARTLETT (police-constable K 286.) I took the prisoner—he said he bought the horse of a man, but did not know his direction—at the station he said he bought it of a man named Griffiths, who lived at Waltham Abbey—I cannot remember whether he said when he bought it.
Cross-examined. Q. Have you made inquiries about the prisoner? A. Yes—I find he buys and sells horses.
NOT GUILTY .
RICHARD WONTNER , woollen-draper, Cloth-fair. I have seen both the prisoners—I have known Edward the longest—he was in the service of James Fowler, a tailor, at Tottenham, who is a customer of mine—about three o'clock in the afternoon of the 16th of Dec. Robert came to my shop—he offered me this note—I took it from him, and in consequence of this note I executed the order, and gave him two yards and a half of four different
patterns of doe-skin, four yards of silk serge, and one pound of thread—it was mine—I do not think the note was wafered.
Cross-examined by MR. PAYNE. Q. Had you ever had orders from Mr. Fowler before? A. Yes, many times, and knew his handwriting—I suspected this was not his writing after I had executed the order—it was done in a hurry—I received it as Mr. Fowler's order, and executed it—I believe the prisoners are cousins—I have known Edward about eighteen months—I believe he bore the character of an honest lad—he had been in Mr. Fowler's service, but was not at this time—(order read)—" To Mr. Wontner, Cloth-fair, Smithfield. Tottenham, Dec. 16, 1843. Sir, please to send by bearer two and a half of each pattern, pin placed; four yards of black silk serge, at 4s.; half-a-pound of Marshall's 35 black thread, and some patterns of fancy waistcoating; Don't keep the lad. Yours, &c., JAMES FOWLER."
JAMES FOWLER , tailor, Tottenham. Edward Renny lived in my service fourteen months, and left last February—I have seen him write very often—this note is not my writing, nor is the signature mine—I believe it to be Edward Renny's writing—I am a customer of Mr. Wontner's—I did not authorize Edward to write this letter, or Robert to take it to Mr. Wontner—I never got the goods.
Cross-examined by MR. PAYNE. Q. Is this like your writing at all? A. Very trifling—any person well acquainted with my writing would not take it to be mine—Edward conducted himself well—this is like his ordinary handwriting.
Cross-examined by MR. HORRY. Q. Did you not form your belief when you found Robert was in custody? A. No—we have 200 or 300 persons in our shop in the course of the day—but I recollect, while I was serving him, I was called to attend to another customer.
Cross-examined by MR. HORRY. Q. Did he not say "I was asked by my cousin to deliver the letter, and did not know the contents?" A. Nothing of the sort, till the depositions were taken, and then he did.
(The prisoners received good characters.)
EDWARD RENNY— GUILTY of Forgery.
ROBERT RENNY— GUILTY of Uttering.
Confined Two Years
Before Mr. Recorder
NOT GUILTY .
Before Edward Bullock, Esq.
GUILTY . Aged 19.— Confined Six Months.
FREDERICK REEVES . I am in the employ of Henry Thomas Garrard Floyd, butcher, at Royal-hill, Greenwich. On the 16th of Dec. I left a piece of salt pork in a tray in the window, while I went out with some other meat—I missed it when I returned—this is it.
Cross-examined by MR. PAYNE. Q. What do you know it by? A. I saw my master cut it off—he put a skewer in it, and broke it off at each end—this piece of pork was matched to the piece it was cut off, and corresponded.
RICHARD ANGEL . I am a tailor. On the 16th of Dec. I saw the prisoner come in a direction from Royal-hill to the prosecutor's door, which is at the junction of two turnings—she looked about her, and took the pork, and covered her shawl over it—I gave information to the policeman, who crossed, and found it on her.
Cross-examined. Q. What were you doing? A. I was then on Royal-hill, singing a song—I am not a ballad-singer—I carry on my business as a tailor—I was moving along slowly—the prisoner, who was intoxicated, came up, and began to abuse me—she drew three or four persons round me while I was singing—I took no notice of her, but crossed over, sung opposite some gentlemen's houses, and then this took place.
GUILTY . Aged 42.— Confined Fourteen Days.
Cross-examined by MR. BALLANTINE. Q. How do you know that? A. I examined the corn bin, and then sent to the person who supplied me to know when the different quantities had been supplied—I was satisfied of my loss before that, but I wanted to be more satisfied.
EMMA NORTON . I am the prosecutor's servant. On Sunday morning, the 24th of Dec, I saw the prisoner, with a watering-can full of oats in his hand, go out towards the gate from the coach-house, and then he went to his own house.
Cross-examined. Q. Where were you? A. At the nursery window, three stories up—it was the prisoner's own can.
GUILTY . Aged 35.— Confined Two Months.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
GEORGE FELTHAM (police-inspector.) On Christmas-day I was at the Dock-yard, Deptford—the prisoner was a policeman on duty there that day—as I visited him, in a part of the yard called the cooperage, I saw him putting something into his hat—I went up to him, and said, "What are you doing? you have been putting something into your Hat"—he said, "No, I have just
been taking my gloves out"—I said, "I know better, take your hat off"—he took it off, and in it I found these pieces of wood—they are such pieces as would naturally be in her Majesty's Dock-yard—he had his gloves in his hand—I said, "You are not fit to be on duty, I shall take you to the guard-room, you have something more in your pocket"—he then put his hand behind him, and took these pieces of wood out of his pocket—I told him to come to the station—he then put his hand into his pocket, or some part of his dress, and took out these pieces of lead—I saw it in his hand—he threw it behind some cooperage timbers—I said nothing, but spoke very sharply to him, and desired him to come on—we went a few paces further, and he threw a second piece of lead from him, which went on some timbers—I made no observation, but took him to the station, and said to the sergeant, "Unbutton this man's clothes, and search him thoroughly"—under his braces were found these pieces of wood, just above the waistband of his trowsers—I then went back to where I had seen him throw the lead, and found these two pieces there—before the Magistrate, he said he picked it up, as he saw it about the yard, for the purpose of giving it to the sergeant, that it should not be lost—there is no mark on the lead—lead is not usually marked—it is such lead as is in use in the Dock-yard.
Prisoner. Q. What was my general character? A. I have nothing to say against you—the men that reside in the yard have their fuel found them.
Prisoner's Defence. I went on duty at six o'clock in the morning, and was taking this wood to the office to boil my coffee, without any bad intention.
NOT GUILTY .
GEORGE FELTHAM . In consequence of what passed on the subject of the last indictment, I went to the prisoner's lodging, in Flagon-row, Deptford—I knew his lodgings from a list we keep of the married men's lodgings—I went with Green—the prisoner's wife was present—this iron chopper, marked with the broad arrow, was found behind the door, amongst some other rubbish, and this iron bolt, which is also marked with the broad arrow, was found in the cupboard—I found five biscuits marked with the Queen's mark—there were such biscuits in the yard—he had no right to them—in a drawer I found five packets of nails with the broad arrow—they appear to have been taken at different times, as they are done up in different parcels—here are five tubs' heads which appear to have belonged to the ship Ganges—I also found a portion of canvas which has got the blue thread in it, which is the Government mark—these three pieces together form a yard of canvas—here are portions of three bread-bags, the pieces together form two bags—they have got the red mark of the broad arrow—they are such as are used in Her Majesty's dockyard—I then found this coil of rope, which I identify by the red yarn of worsted which runs through the whole, from end to end—before the Magistrate, the prisoner said he had the bread bags from Ireland with peas in them.
JURY. Q. Is it not possible to buy these things at an old iron shop? A. I should think not—I never knew them to be sold out of the dock.
Prisoner. Q. Are there not frequent auctions of old iron and stores? A., Yes, but certificates are given of them—the convicts were employed during last summer in conveying some manure out of the docks, but every precaution was employed to prevent any iron or other things going out with it.
JOSEPH GREEN (police-constable R 315.) I was with Feltham when these things were found in different parts of the house—these sacks and canvas were under the bed, and some of these things in a cupboard.
ARCHIBALD COCKBURN GLOAG. I am clerk in the victualling-yard. These things are Her Majesty's property, by the marks on them—they are marked in the usual way.
Prisoner. Q. Were not the convicts employed in conveying rubbish from the yard to the field by my house? A. They might be, I do not know—several pieces of iron might have been removed from the yard, but no man had a right to have them in his possession without a certificate—there are numerous marine store dealers in Deptford—I cannot tell whether they are illiterate persons—they ought to have a knowledge of the law on the subject of these things.
Prisoner's Defence. My brother and I were joint contractors for supplying ordnance stores at Charlemont in Ireland, of which town my father was chief magistrate; I came to England three years since, and went into business, in which I was unfortunate; the ordnance stores at Charlemont were all in my brother's possession, and he sent me a great many sacks over with hardware and other things; my landlord will prove he saw many bills of lading of these stores coming to me; I live within a few yards of those fields where the convicts laid this rubbish, and my children went out in my absence, and found these pieces of iron, which they brought home and washed, the master baker had such a deep regard for me, for my attendance at the Sunday-school, that he gave me three of these biscuits, and a doctor gave me the other.
--------HALL. I know the prisoner's brother was contractor for supplying the military depot at Charlemont—I do not know whether the prisoner had the contract or not—I have seen the prisoner and him together—that is nearly ten years ago—those stores were free to the public to buy—any inhabitant might buy—the prisoner has been extensively engaged in mercantile trade in more than one or two businesses, in hardware, and other things.
MR. ADOLPHUS. Q. Has he been in this mercantile concern for the last twelve months? A. I cannot say—he kept a shop within seven years at Moira—I never knew him keep any shop in England—I have known him here two years.
GUILTY . Aged 32.— Fined 1s., and Imprisoned One Year.
Before Mr. Recorder.
503. GEORGE CASTLE and WILLIAM GEORGE were indicted for breaking and entering the dwelling-house of James Hallet, at St. George the Martyr, and stealing therein, 1 coat, value 1l.; 10s.; 2 waistcoats, 18s.; 1 pair of trowsers, 10s.; 1 gown, 2s. 6d.; 2 shawls, 8s.; and 1 ring, 9s. his goods; to which
CASTLE pleaded GUILTY , Aged 23.
GEORGE pleaded GUILTY , Aged 19.
Confined one year
504. WILLIAM DOVER was indicted for stealing 1 basket, value 2s. 6d.; 24 forks, 18l.; 32 spoons, 27l.; 1 fish-slice, 3l.; 2 knives, 10s.; 4 pairs of nut-crackers, 10s.; and 2 ladles, 10s.; the goods of Edward Merrick Elderton, in his dwelling-house; to which he pleaded
GUILTY * Aged 20.— Transported for Ten Years.
Before Edward Bullock, Esq.
505. THOMAS HACKETT was indicted for breaking and entering the dwelling-house of William Clark, and stealing therein, 4 cloaks, value 1l.; 10s. 4 pictures, framed and glazed, 1l.; 10s.; 2 pairs of sheets, 5s.; 1 shawl, 5s.; 1 work-box, 3s.; 2 shifts, 3s.; 1 frock, 2s.; 1 table-cloth, 1s.; 1 towel, 1s.; 1 table-cover, 1s.; 1 pinafore, 1s.; and 2 pillow-cases, 1s. 6d.; his goods; to which he pleaded
GUILTY .* Aged 20.— Transported for Ten Years.
JOHN HILL . I am horse-keeper at Mr. Burnet's distillery. On the 10th of Nov. the prisoner came to me, and said he understood I had an ass for sale—I said I had, that I did not particularly want to sell it, but if I did I wanted 2l.; for it—he said he had bought a cart and harness, and wanted a good ass to go in it, that the cart was down at Lambeth-walk, and he wanted to get it home—I lent it him on trial to get the cart home—I did not know him before—he referred me to a respectable man, who I knew, as his grandfather—his father was coachman to Mr. Theobald—my son, who is turned eleven, went with him—my son came home without the ass—I saw it again on the 16th of Dec. at the Black Horse, Brixton-road.
THOMAS BAILEY , cow-keeper, Mitcham, Surrey. On the 11th of Nov. I saw the prisoner with a donkey in a cart, which he was offering for sale to a neighbour of mine—I purchased it of him for a sovereign—the policeman came afterwards, and the prosecutor claimed the donkey.
JOHN LEE (police-constable P 80.) I took the prisoner into custody—he refused to tell where the donkey and cart were—I afterwards found it in Bailey's possession—it is the same as the prosecutor has seen.
Prisoner's Defence. My father found it, and told the prosecutor; I was to have the donkey a day or two on trial, and if I liked it, I was to give him 2l.; for it.
GUILTY . Aged 18.— Transported for Seven Years.
Before Mr. Justice Erskine.
MR. WILKINS conducted the Prosecution.
of Dec. I was on duty in front of the prosecutor's house, in Bedford-place, Lambeth, and thought I heard footsteps at the back—I went through the front gate, and walked on the grass-plat—when I got in front of the house, I was obliged to step off the grass on to the gravel—I then distinctly heard footsteps behind the house, I ran round, and while doing so, heard a noise like a person jumping down—when I came round to the back of the house, I saw four men running, and making their escape as from the back parlour window—I secured the prisoner, who was one of them—he made considerable resistance—I sprung my rattle—Cunningham and several constables came to my assistance—I noticed the parlour window open, and the window shutters inside shoved up—no one without could have pushed it up without opening the window, and not then if they had been fastened properly—the shutter was about eighteen inches up—I did not notice the prisoner's feet then—I took him to the station, and found one of his boots unlaced, and the other partly so—I found nothing on him—I returned to the prosecutor's house—the window was then shut down—the kitchen window was open, but I believe, by no force, it was impossible for any one to get in there—it was secured by iron bars—I could not see any attempt at the bars—I had passed the back parlour window three or four times before, that night—the last time was about an hour before I apprehended the prisoner—it was safe then.
Prisoner. Q. Where was I when you first laid hold of me? A. About half way down the garden—you were in the garden—I laid hold of your collar—I said nothing but sprung my rattle—you were running away.
COURT. Q. How high is the parlour window? A. About seven feet from the ground—I could see that the shutter was shut down when I passed an hoar before, I always turn my light on when I go round there.
THOMAS SLIPPER . I am a surgeon, and live in Bedford-place, Clapham-road, in the parish of St. Mary, Lambeth. "On the night of the 5th Dec., I retired to bed about a quarter to eleven—I fastened the shutter of the parlour window myself—I use that room as my surgery—the proper fastening was a screw bolt, but I had dropped that in the shutter ease, and had substituted a pair of forceps for it—I pushed them in the hole and then separated the blades—about half-past two o'clock I was disturbed—I came down—the window and shutters were then both raised about a foot and a half, or two feet—a person could not open the shutter without putting his hand through the window—I am not certain that the window was shut when I fastened the shutters.
WILLIAM ALEXANDER . I am in Mr. Slipper's service. On this night I shut the back parlour window between seven and eight o'clock I think—there was a fastening to the window sash—I am pretty well positive I fastened it. but I will not swear it
JOHN CUNNINGHAM (police-constable V 195.) On this night, in consequence of information I received, I went to Mr. Slipper's house and found this crow-bar, or jemmy, on the ground underneath the parlour window.
Prisoner's Defence. I had been hawking things that day; I had come from Leatherhead; about half-past eight o'clock I met a young man at Mitcham, and stopped there till twelve; he went to Croydon, I came on by myself till the policeman came up and said, "You have been trying to break into that house;" he took me back to the garden, and when he saw the window open he began to spring his rattle; I said, "What are you springing your rattle for?" he said, "You will see presently when some officers come." I went to take my hand out of his, and he took out his staff and rapped me over the head; at the office he said nothing about the window being fastened at first till the prosecutor said he could not swear whether it was fastened or
not; and then when the Magistrate was going to remand me, the policeman directly said, "I was round the garden about two hours before, and I could see that the window was fastened."
MR. SLIPPER re-examined. The house stands in a garden—a railing divides the garden from the road—there is no public thoroughfare through the garden to the back of the house—I should think the distance between the house and the paling is about twenty yards.
EDWARD WHIDDETT re-examined. The garden is completely railed in—the prisoner was at the back of the house, running down the garden, in the direction from the front gate—he could not have got out the back way without jumping over the wall, the other three did so, and escaped.
GUILTY . Aged 20.— Confined Nine Months.
Before Edward Bullock, Esq.
508. GEORGE NICHOLAS GIFFORD was indicted for breaking and entering the dwelling-house of William Cook, at Wimbledon, on the 9th of Dec, and stealing therein, 1 shirt, value 1s. 6d.; the goods of John Davit; 4 candlesticks, 5s.; and 4 towels, 2s.; the goods of the said William Cook; to which he pleaded
GUILTY . Aged 26.— Transported for Ten Years.
Before Mr. Justice Erskine.
509. WILLIAM ORROW was indicted for burglariously breaking and entering the dwelling-house of Thomas Sproston, about two in the night of the 15th of Dec, with intent to steal, and stealing therein, 3 watches, value 12l.; 1 seal, 1l.; 1 snuff-box, 15s.; 1 knife, 5s.; 1 guinea, 2 sovereigns, 32 half-crowns, 40s., and 1 5l. note, his property.—2nd COUNT, for stealing the said property in the dwelling-house, and afterwards burglariously breaking out
MR. PAYNE conducted the Prosecution.
HENRY SPROSTON . I live with my father, Thomas Sproston, at the Rising Sun public-house, Prince's-road, Lambeth—he keeps the house—the prisoner was in his service about eighteen months—he lived in the house some part of the time, but latterly he lodged at No. 29, Caroline-street, in the neighbourhood. On Friday night, the 15th of Dec, I closed the house, and saw it all perfectly safe, at twelve o'clock—I was the last person up, and the first up in the morning—I came down a little after seven o'clock, and found the shutters and window up, of the parlour at the back of the house—the window looked into the back yard—there was a bureau, two tables, and some drawers in the room—on the previous day there was in the bureau a gold watch, two silver watches, above 7l.; in silver, one guinea in gold, and one 5l. Bank of England note, which was all gone in the morning—I missed property to the amount of about 30l.;—I went with a policeman to the prisoner's house on the Tuesday, but found nothing then—I went again the same afternoon, and was in the house when two bottles of port wine were found, and some duplicates, but I did not see them found—I did not miss any bottles of wine—it is impossible to miss any—I was present with two policemen, when the marks on the bureau were examined.
Cross-examined by MR. WILKINS. Q. Was not a man named Simmonds taken up on this charge? A. Yes—I know Spivey—I have never expressed any suspicion of him, nor has my father—I never suspected him—he is a hackney-coach driver—he frequents our house—a man named Baines, a glass-blower, first gave me information respecting this, on the morning after the
robbery—he was not before the Magistrate—I saw a chisel found in a cupboard in the tap-room, and afterwards saw it compared with the marks in the bureau—they corresponded exactly.
MR. PAYNE. Q. Who used the cupboard? A. The prisoner—there was a pointer dog kept on the premises which is very sharp to strangers.
COURT. Q. Was there a lock to the cupboard? A. We used to lock it occasionally—I do not know that it was locked the evening before—I had not seen the chisel in the cupboard before—Simmons lodged in the house—he was not in my father's service—he lodged in the house at the time, and left on the Tuesday after the robbery.
THOMAS SPIVEY . I am a licensed driver of hackney carriages, and live in Cardigan-street, Kensington; I know the prisoner. About six weeks before the robbery I saw Simmons at the Anchor and Hope, Kensington—he called me out, and introduced me to the prisoner—he said, in the prisoner's presence, "Will you go with Orrow and see the back part of. Mr. Sproston's house; Orrow will secrete you there until the house is closed, and then he will come to you, and show you where the property is, and assist you to take it"—I said I would have nothing to do with it—Orrow said, "Do, I will assist you"—I said, "No, I will not"—I then went away.
Cross-examined. Q. Have you ever been anything besides a cab-man? A. I have been in gentlemen's service previous to that—I have been a cab-driver above ten years—I was once in gaol on suspicion of burglary—I have been in gaol for fines from common informers; three times altogether; twice for fines, and once on suspicion of burglary—the bill was ignored—that was last October—I did not threaten to knock Simmons down when he proposed this to me, nor did I go directly and tell Mr. Sproston—about six weeks elapsed before I mentioned it—I know Mr. Sproston's house by going into the tap-room the same as another customer—I do not often go—I do not frequent the house—I was there on the Monday before the robbery—the prisoner and Simmons were there—Simmons wanted me to wait to see Orrow—we did not drink together—we did not sit side by side—he spoke to me outside—we did not go out together—when I went away be followed me—I was told at a barber's shop that I was suspected of this robbery—I then went and told Brooks what had been stated by the prisoner and Simmons.
MR. PAYNE. Q. Why not say anything about it to Mr. Sproston for six weeks? A. Because I was in employ, and did not wish my name brought up, after being situated as I had been—the two occasions on which I was fined were for plying for hire contrary to the Act—I was nearly five weeks in prison about the burglary, and was discharged on the bill being thrown out—I was never tried.
THOMAS COWING . I am a fire-wood cutter, and live in Park-street, Kennington-cross: I know the prisoner. On Monday, the 18th of Dec, I was at the Rising Sun, about three o'clock in the day, and saw Orrow there—he said, "If you see Tom Spivey this evening, tell him to be on his guard for me, and Kiddy (meaning Simmons) and Tom Spivey expect to be taken tonight or to-morrow morning, for Mr. Sproston has had Kiddy in the parlour about it"—I had heard of the robbery on the Saturday morning.
Cross-examined. Q. How do you get your bread? A. By hard work, making penny and halfpenny bundles of fire-wood—I have been seven or eight times in prison, but not for felony; for assaults on the police and others—Orrow and I have not been very intimate, only having a pint of beer, and asking each other to drink out of it—I know the Rising Sun well—I have lived about there all my life—three months was the longest time I was in prison—that was for an assault on a policeman in Lambeth-walk—he wanted
to take me up—I might have been in the skittle-ground of the Rising Sun the day before the robery—I was loitering about the Rising Sun for days before the robbery, because I happened to be out of work for a day or two—I have no shop or house—the last person I worked for was Mr. Bridgman—that was five or six weeks ago—I was three or four months in his employ—during the last six weeks I have lived with my father, who is a shoemaker—several persons were in the tap-room at the time Orrow said this to me—he told it to other persons beside me—he said it out loud, not out loud to them, but he said it to other persons afterwards—he went about telling people.
JAMES BROOK (police-constable L 118.) I took the prisoner into custody on Tuesday morning, the 19th of Dec, in the Prince's-road, near his master's house—I told him I took him for the robbery at Mr. Sproston's—he said he knew nothing about it.
EZEKIEL NEWELL KERSLEY . I am not doing anything at present—I live at Mr. Sproston's. The day before the 15th of Dec. I lent the prisoner a screw-driver, to put a model of mine into a case—this now produced is it.
Cross-examined. Q. Did he not offer it to you back again? A. Yes—I said it might be wanted again, and he put it up in the cupboard.
CHARLES BURGESS GOFF (police-constable L 83.) On Tuesday, the 19th of Dec, I went with young Mr. Sproston, to No. 24, Caroline-street, and into the front room up stairs—in a box there I found these two bottles of wine, wrapped up in paper—this screw-driver I received from Mr. Sproston—I fitted it to some marks in the drawer of the bureau in Mr. Sproston's parlour, and they corresponded with it.
Cross-examined. Q. He is married? A. To the best of my belief—he has lived there since the 2nd of March last—I always considered him a hard-working man.
MR. SPROSTON re-examined. These bottles of wine are marked similar to what we have seen in our cellar—there is a stain on the white of most of our bottles, similar to these, where the white has worn off—I cannot swear to the corks—I believe these bottles belong to my father—the prisoner continued in our employ till he was taken.
NOT GUILTY .
Before Mr. Common Sergeant.
SAMUEL BROWN . On the 14th of Dec. I had a machine safe at ten o'clock in the morning—I was engaged sweeping Mr. Loveland's chimneys—I afterwards found it in the soot, in a shed, in the prisoner's back premises, No. 25, Charles-street, Westminster-road.
Cross-examined by MR. WILKINS. Q. You are a sweep? A. Yes—I sent the little boy Loveland for this machine-head, as the one I had with me was not big enough—I know the prisoner, and he knew me—he is a sweep—I know this machine by having it in use twelve years, and repairing it.
EDWIN THOMAS LOVELAND . I reside with my parents, in Cornwall-road. About eleven o'clock, on the 14th of Dec, the prisoner met me, and asked me who that machine belonged to, and took it away from me—I told him it was Mr. Brown's.
Cross-examined. A. Did you know the prisoner? A. Yes, by his going past my father's—I do not think he knew me.
NOT GUILTY .
GUILTY .*— Confined Six Months.
MR. PAYNE conducted the Prosecution.
FREDERICK LANGTON (police-constable V 36.) I received information, and went to the prisoner's house, at Battersea, on the 5th of Dec—his wife came to the door first, and said she wished I had been there sooner—I said, "What for?"—the prisoner, who was there, said, "A woman has been here insulting me;" and his wife said, "She has been here annoying me"—I said, "I have seen that person, and she makes a serious complaint against your husband, for intermarrying with some woman, you being his lawful wife"—the prisoner said, "I don't deny that, but there if an agreement between us, and I wish you to take her into custody "—his wife said, "I am his lawful wife"—and the prisoner said, "I will produce my certificate that she is my lawful wife "—I said, "Perhaps you will do so"—he went up stairs, and produced this certificate—he said the woman who was there was the Letitia Poulter to whom he was married at Allhallows—I have compared this certificate with the original register, and it is a true copy—I have also another certificate from St. Pancras, and I have both the books here.
Cross-examined by. MR. CLARKSON. Q. How long is it since you were indicted for keeping a house of ill fame? A. I cannot say—how many times I have been indicted for keeping bad houses has nothing to do with this—Miss Wood was not an acquaintance of mine, but she asked me to go to the marriage—I cannot tell how long I had been acquainted with her—I was never indicted for keeping a bad house but once—I cannot tell when that was—I have been married forty-four years—my wife is gone to Norfolk to sea her relations—I do not know whether she has been indicted for keeping a house of ill fame—they got me from my own house to go to the wedding—I then lived at No. 8, Hadlow-street, Burton-crescent—I suppose that was the house we were indicted for—I lived there four years ago—I do not know whether the marriage was in 1839—I do not know how many ladies were living at the house in Hadlow-street at the time—there were ladies living there and gentlemen too—there was a barrister lived there, who kept his carriage—I have been convicted of keeping a bad house—I did not know Miss Wood till she came to the house with two children, and inquired for lodgings—she told my wife she was married, and my wife found she was not, and then Miss Wood asked me to go to the wedding.
Q. Just look at this memorandum. A. I cannot see it—my eyes were hurt with gunpowder, and I can neither write nor read—I cannot tell whether this is the charge made for the lodging—my wife attended to that—I do not know how long Miss Wood lived in my house—I should say she lived there three weeks, but I do not know—I do not know what year it was in—it is three or four years ago—she lived there some time before she was married, and after the marriage as well, but I cannot say how long, and then the prisoner took her to Exeter—I do not know which room in the house she occupied—I cannot say who occupied the front parlour or the back, or any other
room—it was a lodging-house—whether I ever lived in York-square or York-place is my business.
MR. PAYNE. Q. Did you go to the church and see them married? A. Yes—I made a cross like this in a book of this kind—I swear I was sober—I do not know whether we had any drink before the marriage—when the prisoner came off the coach, he sometimes came to the house to Miss Wood before he was married, but it was not often that I saw him, being at work.
MARY ANN MARIA WOOD . I have known the prisoner about nine years—I was between sixteen and seventeen when I first became acquainted with him—I was married to him at St. Pancras church in 1839—this is my signature in this book, and this is the prisoner's—Mr. Stannard was present—just before the marriage I had been living in Hadlow-street—the prisoner told me to take apartments there, and he used occasionally to come there—I had had two children by him before we were married—he first had connexion with me when he took me down to Worcester by the wish of my mother—I was at that time between sixteen and seventeen—my father had been an officer in the army, but unfortunately he was dead.
Cross-examined. Q. Look at this bill; did you give this to the prisoners brother to pay for you? A. No, I will swear that—the prisoner did not have any drink given to him on the occasion of our being married—I never I saw him intoxicated in my life—when I first knew him I lived with my mother at Palmer's-place, Holloway, I think No. 4 or 5—I cannot tell in what year I first knew the prisoner—I think it is about nine years ago—I was not at that time acquainted with any other coachman, I will swear—I know one or two whom the prisoner knew—before I went to Worcester I was not acquainted with any other person who drove coaches—I was not in the habit of kissing my hand as they passed the Peacock at Islington to any but the prisoner himself—I first became acquainted with him by his passing by on his coach—he then came to my mother, she knowing something of him—he then wished to pay honourable addresses to me—my mother did not think him good enough, but I unfortunately was of a different opinion—I knew a person named Blackhurst, in Lincolnshire, in 1837—I knew he was married—I never was drunk—no persons lodged in house in Palmer's-terrace—Blackhurst never came to our place—he was a solicitor, in Lincolnshire—I removed with my mother from Palmer's-terrace to Blackheath—when I left there I went to No. 10, Frederick-place, Goswell-street—I am not aware that Mr. Blackhurst was an amateur performer—I got two situations to perform at country theatres by the prisoner's wish—I performed about six weeks in Lancashire—I never performed with Mr. Blackhurst—a woman named Moore lodged in the house where I was in the country—she went down there as I performer—I should say that is about six years ago—I slept with Moore while I was in the house with her—the prisoner was at that time in London—I did not sleep with anybody but Moore while I was there—upon my oath I was never caught in bed with Blackhurst—I never dishonoured the prisoner in thought, word, or deed—I did not sleep on the sofa one night—upon my oath I did not enter into an agreement with the prisoner, that if for what had illicitly passed between us, he would give me 120l.; I would never annoy him again—120l.; was never named to me—I never signed a bond to that effect.
Q. Now tell me whether this paper is your writing? A. I shall not say it is my handwriting till I know the contents, because I have signed blank papers—I do not know William Davies, who lived in Lower Crown-street, Westminster—I never knew such a person, to my knowledge.
Q. Now take this paper, and tell me whether this is your signature; this
is a bond, dated 1840, that if he or his friends gave you 120l.;, you or your children should never annoy him any more, in consequence of the illicit intercourse that had passed between you? A. This is certainly my handwriting, but this was never filled up when I signed it—unfortunately, my attorney is Mr. Humphrys, he is not here—I did not agree, in May, 1840, that, in consequence of what had passed between me and the prisoner, his friends should raise 120l.;, and I and my children should have nothing more to do with him—it was not stated in that way—I depended on Mr. Humphrys as a man of honour—I did not say afterwards, that as I had married this man, if he did not keep me, I would prosecute him, though I knew his wife was alive—I am not aware whether that is his wife who sits there—I did not know in 1840 that he was married—I knew he was living with a female, and I had seen that female—I had not seen his child till lately—the child who is here now was not born—I did not know he was married and had eight children by this wife—I had no reason to believe it—he had never said so—I have not received a legacy of 300l.; or 400l.; lately—I never told anybody that I had got 300l.; or 400l.;, and I hoped Pannell would come back to me—I understand what you mean—I wrote this letter, (looking at it,) thinking he would come to see his child—it certainly was not true about my having the money—my last child died on the 1st of Dec, and on the Tuesday following I sent the officer to take the prisoner—I have not received the 120l.;—I received 30l.; in consequence of entering into the agreement—I did not pay my attorney out of it—the money was not paid to my attorney in my presence—I was not in the back room while he received it in the front—I was up stairs, while he received it in the back parlour—my attorney had supplied me with money for a week or two before I received this—I do not suppose I had had more than 2l.; or 3l.;—I had not had more than 2l.; or 3l.; from Mr. Humphrys on account of the prisoner—I certainly mean to swear that—I certainly did not know or believe that the prisoner was married up to the time I gave him in charge—I first knew he was married by his own telling me so on the very day I gave him in charge—I never agreed to go and live with Blackhurst—I never stated that I had agreed to go and live with him at Liverpool, nor that I had found out Blackhurst was insolvent, and therefore I would not go—I did not call at the prisoner's house in 1839, and see his wife, before I married him—I have been there since the marriage, but not before—I never saw his wife before the marriage, to my knowledge—I do not remember seeing her at Islington.
MR. PAYNE. Q. Where does this Mr. Humphrys live? A. At No. 4, Milman-street, Bedford-square—the prisoner had paid his addresses to me seven or eight months before my mother entrusted me to go to Worcester with him—I am now twenty-five years old—I only went to the prisoner on the day I gave him in charge, to ask him for the burial fees to bury his own child—I never asked him for anything for myself—my child was at that time at Deptford—he said he would not bury it—I asked him why—he said I had no claim upon him—I asked for what reason I had no claim, as I was his wife—he said, sneeringly, he was married before he knew me, and he would transport me if he could—it was a very short time after I had been to Worcester that I went to Frederick-place with the prisoner—I went there because ray mother had discarded me from home, and I had no one to protect me but the prisoner—we continued together as man and wife for about three years before be left me at Exeter—this bond was not read over to me, filled up as it is now—I never, had connexion with any other person—he had promised me marriage at different times, and the banns had been put up at Shoreditch church, but it was not performed, because he said his uncle objected to it, and would not leave him money.
COURT. Q. How long had you lived as man and wife before you married? A. I should say it was about seven years, or not quite so long.
MR. CLARKSON called
WILLIAM BENTLY . I was a subscribing witness to this bond—I was then clerk to Mr. Humphrys—it was drawn, copied, and read over to Miss Wood and the prisoner in my presence—the prisoner's brother paid 120l.; to Mr. Humphrys, and he paid it to Wood—here is the receipt she gave on that occasion, and my initials to it.
MR. PAYNE. Q. Where did Mr. Humphrys live? A. In Milman-street at that time—he lives now in Featherstone-buildings—he was in the Old Bailey half an hour ago, and I believe he is now gone to the Judges' Chambers—the reading of the bond took place in Mr. Humphrys' private office—Miss Wood was there, and Mr. Pannell, from Guildford, Mr. Davis and Mr. Humphrys—the money was paid at the time the bond was read and signed—Mr. Pannell, from Guildford, produced the money—I cannot tell in what money it was—I think there were eight or ten notes—80l.; was tendered to the prosecutrix, and she received it—I do not know what became of the other money—I do not know how she came to sign the receipt for 120l.;—upon my oath she received more than 30l.;—she received 80l.;—I am still clerk to Mr. Humphrys—I have been so altogether about thirteen years—he has clients—he has taken out his certificate, and carries on business—I mean to say Mr. Pannell, from Guildford, produced 120l.;, and Mr. Humphrys gave Miss Wood 80l.;—whether he gave her more afterwards, I do not know.
MR. CLARKSON. Q. Did you see her receive 80l.; on that occasion? A., I did—whether she received 30l.; on another occasion, I do not know—Mr. Humphrys was employed by her to prepare this bond, and this is her receipt for the 120l.;
JOHN PANNELL . I am the prisoner's brother. I live at Guildford, and am a grocer—I have been there ten years—in April 1840, I was waited on by Bently, about raising money on my brother's behalf, to purchase the quietude of his life from this woman—I, with ray own money, enabled him to pay it—Wood was not there at the time it was paid—she was in the up-stairs room, but I saw her before I left—I pointed out the immorality in which she had been living, and she said she would not trouble him any more if he did not her—my brother was at time carrying on a little business as a butcher, at Battersea—I do not believe he had got 5l.;—I paid the money to get him back to his wife and children.
ELIZA MOORE . I am the wife of Samuel Moore, a carpenter, and live in Fetter-lane. I first became acquainted with Wood about Jan. or Feb. 1838, at the Pantheon-theatre, Catherine-street, Strand—Mr. Smithson was my theatrical agent—I performed at that time—I accompanied Miss Wood to Leatham, in Lancashire, and we both performed there—she acted in the name of Praed—she and I slept in the same bed for three weeks—I met her in 1841, and asked her what she was in mourning for—she said, "Poor Pannell has cut his throat"—I said, "You are not his wife"—she said, "I have been married to him"—I said, "How could that be, when he had a wife before?"—she said, "I know that, but owing to circumstances, they have been divorced, and now I am married to him"—she told me she knew at the time she married him that he had a wife.
GUILTY . Aged 35.—Recommended to mercy by the Jury.
Confined Six Months.
513. EMMA DUNN was indicted for stealing 1 brooch, value 3s.; 1 petticoat, 2s.; 1 pinafore, 1s.; 1 shawl, 1s. 6d.; 1 napkin, 1s.; 4 yards of ribbon, 1s.; loz. weight of tea, 4d.; 1/2 lb. weight of sugar, 4d.; and 3 yards of lace, 2d.; the goods of John Whaley, her master.
SARAH LAKE WHALEY . I am the wife of John Whaley; we live in Mount-street, Lambeth; the prisoner was in my service about five weeks. I received information about the 11th of Dec—I went into the prisoner's bed-room, and searched her work-bag—I found part of a petticoat of my daughter's, which the prisoner had been cutting up, and I found a black brooch belonging to myself, which I had worn on the Friday—I kept it generally on a pin-cushion in my bed-room—I had missed it on the Sunday, and found it in her work-box on the Monday—I had asked her for it on the Sunday, and she said she had not seen it after I saw it in her bag I asked her again, and she said she had not seen it—she went up stairs; I followed her, and locked my bed-room door, that she should not put it on my pincushion again—I then looked in her bag, and it was gone—I sent for the policeman, who searched her box, which she unlocked—a pinafore of my daughter's was found in the box, with her name marked on it, a diaper napkin belonging to me, some remnants of ribbon, about four yards, and some pieces of lace; and here is a worsted shawl belonging to me—I know these things; here is my name on the napkin; she managed to throw the brooch away, and we found it under the bed, in my daughter's room, on the Saturday following—I am quite sure I had seen it in her bag—I missed tea, sugar, candles, and other things.
JAMES FROST (police-constable L 59.) I was present when the prisoner's box was searched—the prisoner took the things out herself—I searched for the brooch—the prisoner said, "You can't find it, it is not there," and I did not find it.
Prisoner, I never said such a thing; I knew nothing of it; the napkin was put in between my mangling things.
GUILTY . Aged 22.— Confined Six Months.
WILLIAM WIKPIELD . I am foreman at Beale's-wharf, Mill-lane, Tooley-street. On the 22nd of Dec. I saw the prisoner go from Haye's-wharf with a hamper in a track, about half-past eight o'clock, and go up Mill-lane—the hamper appeared to have something in it—it was a three or four doien hamper.
WILLIAM LARKMAN . I am foreman of Haye's-wharf. On that morning I missed a hamper containing empty bottles, with the name of Schweppe and Co. on it, but it was on Alderman John Humphery's wharf, and was under his care.
JOSEPH HENRY COHEN . I am a bottle-merchant, and live in York-terrace, Old Kent-road. About ten o'clock in the morning, on the 22nd of Dec, the prisoner came to my place, and brought a hamper with eleven dozen and ten soda-water bottles in it—I bought them of him—he said he was a collector of bottles—I paid him 17s. 9d. for them—the bottles had been used—he sold the hamper to a passer by.
JOHN LINSEY . I am a labourer at Haye's-wharf; the prisoner was not employed there. On the 22nd of Dec. I went to see for the truck, and found it facing Cohen's door, in the Old Kent-road—the prisoner brought it towards Mr. Humphery's wharf, and it was missed from the wharf—it had been there that morning.
GUILTY . Aged 21.— Confined Six Months.
515. JOHN BOND was indicted for stealing 2 gowns, value 7s.; 1 shawl, 1s.; 1 handkerchief, 1s.; and 2 petticoats, 1s.; the goods of Michael Mahon: and EMANUEL LEVY , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
ELLEN MAHON . I am the wife of Michael Mahon; we live at Peckham. These two gowns are my daughter's, who is in place—they were at my place, and I had the care of them—this shawl and petticoat are mine—they were safe in my bed-room, on my bolster, on the 11th of Dec.—I went out at half-past nine o'clock—I did not leave any body in my house—I locked the house door, but not the bed-room door—I returned about five minutes past twelve—my husband was then at home—my husband had cracked the window, and there was a bit of putty put in it—when I came home it was broken in two halves, and it was out of the frame—I missed the articles which I had left on the bolster in the bed-room—the window that was broken was better than a yard from the bolster—a person could not get these things through that pane of glass, except with a stick, which I saw on the ground outside, but there was no hook to it—I know nothing about the prisoners, but these things are mine.
Cross-examined by MR. WILKINS. Q. How do you spell your name? A. I do not know, I am sure. SAMUEL WRIGHT ( police-constable P 172.) On Monday morning, the 11th of Dec, at half-past eleven o'clock, I was at the bridge at Camberwell, leading towards Peckham—I saw the prisoners together, coming from towards Peckham—they stopped in the middle of the field, and Bond gave Levy a bundle—they were nearly half a mile from where the prosecutor lives—Levy put the bundle into his bag, and went towards Peckham, and Bond came towards me—I asked what he had given to the Jew—he replied, "Nothing"—I said, "Yes, you have, a blue bundle"—he said, "That was a bundle that fell from a coach"—I said I was not satisfied, I should detain him—I left him with a gentleman, and went after Levy—I said to him, "You have received a bundle from a young man in the field"—he said he had not—I said, "You have"—he said, "Oh, I have got a bundle, and I am to meet the young man at a public-house in Peckham"—I took the bag from him, and found in it this blue cotton, these two gowns, and this saw—I found these two petticoats under Bond's coat, and this shawl he had with him.
Cross-examined. Q. Were you in your police dress? A. No, in plain clothes—Levy could have got away from me if he had liked.
BOND— GUILTY . Aged 19.— Confined Six Months.
LEVY— NOT GUILTY .
Before Mr. Common Sergeant.
MR. WILDE conducted the Prosecution.
HENRY JONES . I am the son of Robert Jones, who keeps the Roebuck, St. Saviour-street, Southwark. On the 5th of Dec. the prisoner came and called for a pint of porter—he gave me this counterfeit shilling—I went to the door, and saw a policeman—I kept the shilling in my hand, marked it, and gave it to another officer.
Prisoner. You took it up, and put it into your pocket. Witness. No, I did not—you were not drunk.
and put it on the bar table—I sent a boy after him—I did not part with the shilling, but gave it to a policeman.
Prisoner. This is a job between Jones and the policeman.
Prisoner to HENRY JONES. Q. Did not the Magistrate ask you how long it was ago? A. Yes—I told him I had got it down at home, and then I went home and got it.
COURT. Q. How did you know the day he came? A. Because I put it on a paper at home—I was at the office accidentally, and not aware that the prisoner was there.
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 24.— Confined Three Months.
GUILTY .— Confined Six Months.
JOHN BUTLER , butcher, New Park-road, Brixton-hill. Between four and five o'clock, on the 26th of Dec., I had some beef—I missed it, when it was brought back—my daughter had stuck the steel into it to keep it open, and it was brought back with the beef.
JAMES CREASY . On the 26th of Dec. I stood at a distance, with a young man, and saw the prisoner come and take the beef from the prosecutor's window—I followed him, and he dropped it—I am sure he is the person—he had got about fifty yards from the shop—he escaped to a public-house about a quarter of a mile off—he was not taken for an hour and a half—I have known him ever since I can remember.
Prisoner's Defence, I had not been near the shop.
GUILTY . Aged 30.— Transported for Seven Years.
MARY ANN WILLIAMS . I am the wife of Benjamin Isaac Williams. The prisoner was with me three weeks—these things were taken from her box last Sunday evening by a police-officer—they are mine—this table-cover was found folded up under her bed—it is mine.
Prisoner. The paper is my own—I bought it. Witness. On Christmasday she purchased a single sheet of paper of my son—I can swear to the wax—I have some of the same, which I purchased of Cook and Son.
NOT GUILTY .
521. THOMAS LONG and ELIZABETH LONG were indicted for stealing 4 pairs of boots, value 8s. and 1 other boot, 1s.; the goods of the London and South Western Railway Company.—2nd COUNT, stating them to be the goods of William Chaplin and another, the masters of Thomas Long.—3rd COUNT, stating them to be the goods of John Browning .
MR. CLARKSON conducted the Prosecution.
HART ISAACS . I am a boot and shoe-dealer, and live in Harrow-alley, Houndsditch. On the 13th of Dec. I sold some boots and shoes to Mr. Browning, of Farnham—I put them into a sack, secured them at each corner, and sewed them in the middle—they were directed to Mr. Browning, Farnham—they were to be sent from the Spread Eagle to the railway—I sent them by the porter—since then I have seen a pair of Adelaide boots, a pair of boy's half-boots, and another odd Blucher boot—they are part of what I put into the sack and sent to Gracechurch-street—I have also seen the half-boots in possession of Pearl—I have the odd Blucher boot, which I received from the man that showed it to me—this is it.
Cross-examined by MR. DOANE. Q. How many did you send down? A. I do not know how many pairs, because they were a lot—they were not my manufacture—I buy unredeemed pledges of hawkers and at sales—this is an odd Blucher boot—I sent a pair of them down—I might have many pairs like this.
JUDAH ISAACS . I occasionally carry parcels for Hart Isaacs. On the 15th of Dec. I carried a parcel of boots and shoes for him to the Spread Eagle, Gracechurch-street, sewed in a sack—I delivered them as I received them—they were directed to Mr. Browning—I believe this to be the bag I left at the Spread Eagle—I booked it there.
ROBERT HATHAWAY . I am book-keeper at the Spread Eagle. I received this parcel on the 13th of Dec. from Judah Isaacs—I booked it to go by the luggage train—the prisoner Thomas Long was employed by Chaplin and Horne, the delivery agents to the London and South Western Railway Company—I delivered him that parcel that afternoon to take to the station at Nine Elms.
Cross-examined. Q. You have several men who take these goods to the railway? A. Yes—I know he is the person by the entry in this book.
JOHN DEAN . I am principal clerk in the booking-department at Nine Elms. On the 13th of Dec. I received a parcel of boots and shoes from Thomas Long, about half-past six o'clock, addressed to Mr. Browning—I saw it weighed, and placed in a situation to be loaded—I was in the room till Harrison had it—there were a great many parcels—no one had an opportunity of opening them.
JAMES HARRISON . I am guard of the luggage-train at the London and South Western station. This bag of boots and shoes was placed in my road-box—the box I ride in—it was delivered by me at the Farnborough station in the same state, about one in the morning.
Cross-examined. Q. Did it appear full? A. No, it appeared to me to be rather slightly packed—it was sewn in the centre—it was put into my box about eight o'clock.
WILLIAM BERRYMAN . I am porter at the Farnborough-station of the South Western Railway—I received this sack of boots early on the morning of the 14th—I took it into the office, and it was delivered to Trussell's van, in the same state that I received it.
RICHARD GODDARD . Between three and five o'clock in the afternoon of the 14th of Dec. last, I helped to unload Mr. Trussell's van at Farnham—my companion gave me out a sack of boots and shoes—I took them to Browning's shop, and delivered them to Mrs. Browning.
JOHN BROWNING . I deal in boots an shoes, at Farnham. I made a purchase of Hart Isaacs, of boots and shoes—I received a parcel on the 14th, at my house—it was not unpa cked that night, and appeared to me to be as it was packed—I had stopped, and saw it packed at Isaacs—when I unpacked it on the morning of the 15th, I missed seven pairs of boots and shoes, and one odd Blucher boot:—I have seen the fellow to the odd Blucher boot—this is it—I remember these being one pair which I bought—I saw them put into the bag—I saw some others at the station.
Cross-examined. Q. How many pairs of boots were there in the parcel? A. Sixty-four pairs—I saw it leave Isaacs's house, to go to the inn.
JOHN SAUNDERS . I am a hawker and general dealer, I live in Thrawl-street, Brick-lane. On the 14th of Dec. I called at the prisoner's house in Spring-place, Wandsworth—I saw Elizabeth Long—I asked if she wanted anything in my way—she said she wanted half-a-dozen cups and saucers and a pair of pictures—I took them to her the next morning, and in exchange she brought me a pair of boy's boots, tip-toed and heeled—she said she had given 5s. 6d. for them, and they were too small for the boy—she brought me out this pair of Adelaide boots, this pair of slippers, and an odd Blucher boot—I agreed to allow her 5s. for them—I sold her half-a-dozen cups and saucers, and a pair of pictures for them—I sold them to Pearl for 6s.
HENRY PEARL . I deal in boots and shoes—I produce the boots and shoes which I bought of Saunders, on the 15th of Dec. for 6s.—I was carrying them down Harrow-alley, and was stopped by Mr. Hart Isaacs, who examined and identified them.
JOHN HAYNES . I am a police-inspector—I apprehended the prisoners on the 29th of December—I said the charge was for stealing boots and shoes from a package—Thomas Long said he knew nothing about it—Elizabeth Long said she had bought them of a female hawker, whom she had only seen once before—on searching a pair of drawers in her house, I found a duplicate of a pair of boots, pawned on the 15th of Dec. for 2s.—I asked whose they were—she said her own.
JASPER BONISTON DALBY . I am superintendent of police, at the London and South Western Railway. I produce a pair of snow boots—I saw them in the prisoner's house at Spring-place, on the 29th of Dec.—I did not take them then—on the 1st of January I went again, and they were not there—I got them at a house in Suffolk-street, in the Borough, from Mrs. Austin.
Thomas Long's Defence. I know nothing of it.
THOMAS LONG— GUILTY . Aged 31.— Transported for Seven Years.
ELIZABETH LONG— NOT GUILTY .
ADJOURNED TO MONDAY, THE 5TH OF FEBRUARY.