CENTRAL CRIMINAL COURT.
FOURTH SESSION, HELD FEBRUARY 5TH, 1844.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, February 5th, 1844, and following Days.
Before the Right Honourable WILLIAM MAGNAY , LORD MAYOR of the City of London; Sir John Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Creswell Creswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Peter Laurie, Knt.; Charles Farebrother, Esq.; Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Michael Gibbs, Esq.; John Johnson, Esq.; Sir James Duke, Knt.; John Musgrove, Esq.; Thomas Challis, Esq.; and William Hughes Hughes, 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. FOURTH 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, February 5th, 1844.
First Jury, before Mr. Recorder.
522. ELIZABETH BROWN was indicted for stealing, at St. Marylebone, 1 watch, value 12l.; 1 watch-chain, 7l.; 1 guard-chain, 8l.; 1 seal, 6l.; 3 rings, 200l.; 2 breast-pins, 50l.; 1 brooch, 2l.; 1 key, 10s.; 2 labels, 12s.; 1 coffee-pot, 15l.; 1 coffee-biggin, 15l.; 1 pair of sugar-tongs, 1l.; 2 butter-boats, 6l.; 2 salt-cellars, 3l.; 10 forks, 19l.; 49 spoons, 30l.; 1 pair of sugar-tongs, 1l.; 1 shawl, 14l.; 1 scarf, 3l.; 14 yards of velvet, 3l.; 35 sovereigns, and 13 half-sovereigns; the property of Robert Clavering Savage, her master, in his dwelling-house: and MARIA MALLER , for feloniously receiving 1 coffee-pot, 1 coffee-biggin, 2 butter-boats, 2 spoons, 1 scarf, 14 yards of velvet, and 2 sovereigns, part of the said goods; well knowing them to have been stolen; against the Statute, &c.
ROBERT CLAVERING SAVAGE . I live in Wellington-road, in the parish of St. Marylebone. The prisoner Brown entered my service a few days previous to Christmas last, as housekeeper and cook—she had lived with me in 1830, and then conducted herself with propriety—on the 26th of Dec., about half-past six o'clock, I left her in charge of my house—there was also a male, and a female (named Harriet) servants in the house, whom she had hired for me—I returned about eight, and found Brown gone—in consequence of suspicion, I examined my plate-chest—I had left the key of the plate-chest on a bunch on the mantel-shelf of the common parlour—she had no charge of the keys—the key of my tea-chest was on the same bunch—I missed a silver teapot and biggin, two silver butter-boats and two gravy-spoons, a gold watch, chain and guard, a gold watch, seal and ring, a gold breast-pin, and some 10l.; and 5l.; notes and sovereigns, which were in a brown-holland sample-bag in the plate-chest; I also missed a cashmere shawl and scarf, and fourteen yards of velvet—I have since seen some of the jewellery, plate, and shawls in the policeman's hands—one of the rings cost me 100l.;, and the other 130l.;—the total value of he property was 500l.; or 600l.;
Cross-examined by MR. BALLANTINE. Q. How far do you live from Euston-square station? A. About two miles—I am a private gentleman—I have known Brown since 1830—I took a lodging for her after she left me about thirteen years ago—I visited her at that time for about two months—we lived as man and wife thirteen years ago, but she had certain functions to fulfil in my house—it is five years since I last saw her—I believe Maller is her sister—I asked Brown to come the last time, as a person had left me suddenly—I was obliged to get somebody in a hurry.
WILLIAM LEE (police-constable K 268.) On the night of the 26th of Dec., about ten o'clock, I saw the prisoners in Chapman-street, St. George's—Brown was tipsy—Maller asked me if I could direct them to Providence-street—I said, "Where is it near?"—she said, "Close to the railroad"—I asked what railroad—she turned to Brown, and asked what railroad she meant—she said, "Close by Euston-square"—they were about four miles and a half from there—I asked where they came from—Brown then dropped a bag at my feet, and took no notice—I said, "You have dropped something"—Maller took it up—I said, "There appears something like money in this bag"—Maller said, "It is only a little money and some things we have bought; this is my sister, and a married woman"—she said it being boxing-day, she had taken a little drop too much, and she was quite ashamed of her; could I direct her where to get a cab—I directed them towards the Commercial-road—after they were gone a short distance I went after them, and stopped them again—they had gone towards the Commercial-road—taking the bag from Brown, I said to her, "What money have you got in this bag?"—she made no answer, but Maller said, "About 20l.;"—I asked her if there were any notes—she said, "None"—I said, "I think it is not all right; you must go to the station"—Maller said, if I went to No. 5, Duke-street, the lady there would satisfy me that all was right—I took them to the station, and in the bag I found on Brown were three 10l.; and eight 5l.; notes, thirty sovereigns, twelve half-sovereigns, 15s. 6d. in silver, and 4d. in copper; a gold watch, a gold guard and chain, three gold pins, three gold rings, a seal, and three silver cruet-labels—I asked where she got them—she said they belonged to her, and her grandmother had given them to her—Maller had got a band-box, and in it a silver coffee-pot, coffee-biggin, two butter-boats, and two gravy-spoons, and she was carrying a bundle of velvet—I asked what money she had about her—she said a half-sovereign—I found on her two sovereigns, twenty-five shillings, and threepence-halfpenny—she said, "All these things belong to my sister"—I asked both where they got the plate from—they both refused to answer—they said they had not given their right names, and refused to give their address—I made inquiry—Mr. Savage came forward next morning, and claimed the property.
Cross-examined. Q. Which of them refused their address? A. I asked both where they lived—they both said they would not tell me—Brown gave her name as Brown, and the sister said hers was Maller—Maller afterwards said these were not their right names, and I think Brown also said so—Maller appeared rather flurried—she did not cry till she was locked up.
EDW. WANDERER TOWNSEND (police-constable K 8.) I went into the cell where Brown was confined, at half-past eight in the morning of the 27th, with the paper in my hand, which had the particulars of Mr. Savage's robbery—I cautioned her that she need not answer my questions, and what she said might be used against her—I asked if her name was Benbow—she said it was—I said, "What is your master's name?"—she said Savage, but that he had behaved very bad to her—I said, "That did not justify you in robbing him; who is this woman?"—she said, "She is my sister," but that she knew nothing of the robbery—(Maller was in another cell)—she said, "I went to my mother's, at No. 2, Charles-court, Featherstone-street; my sister was there; I called her out, and told her what I had done; she commenced crying, and asked me how I could do so; she then came away, and we went to Duke-street"—I said, "Duke-street, Commercial-road?"—she said, "Yes"—I then left her, and went to Maller's cell, and asked if her name was Benbow—she said it was not—I left her, and looked again at the particulars, and a shawl and scarf were mentioned—I went and took a green shawl from Brown—I
said, "This is not yours"—she said, "No"—I went to Maller's cell, took a green scarf from her, and said, "This is not yours"—she said, "No."
Cross-examined. Q. Is it under the direction of the Police Commissioners that you cross-examine prisoners? A. By giving them a caution in the first place that they need not answer unless they think proper—I told them both so—I understand Maller lived at No. 2, Charles-court.
Brown. He did not caution either of us; he told us it was not the first time we had been there. Witness. I did not—a witness heard me caution them—they were four cells from each other.
Brown. Mr. Savage is not my master; he did not take me as a servant; he would never let me rest; I might have been comfortably married two or three times, but he always found me out; he has been my total ruin; we had a desperate quarrel that night, and he went out to meet a married woman; he cannot deny it.
MR. SAVAGE re-examined. I deny it—I do not deny meeting a married woman, but I had not seen Brown for six years—the whole of this property is mine—I never showed it to Brown, or told her I had it.
MARY WILDING . I live at No. 1, Charles-court, Featherstone-street—my husband is an iron-founder. On the 26th of Dec., between seven and eight o'clock, I saw Brown come down the court—I always understood her name to be Benbow—her mother lives at No. 2—I did not see her go in there—a younger sister of the prisoners asked me to lend them a shawl, but I was going out, and declined.
MR. SAVAGE. They are mine, and had-been in my plate-chest.
Brown's Defence. I asked for a cab to take us to Euston-square, intending to return with the things.
BROWN— GUILTY. Aged 32.—Strongly recommended to mercy by the Jury and Prosecutor.— Confined Two Years.
MALLER— NOT GUILTY .
GUILTY . Aged 56.— Confined One Year.
OLD COURT.—Tuesday, February 6th, 1844.
Second Jury, before Mr. Recorder.
524. JOHN BOYD was indicted for breaking and entering the dwelling-house of James Reed, at St. Gabriel Fenchurch, and stealing therein, 2 barometers, value 10s.; and 2 decanters, 10s.; his goods: and 1 coat, 2s. 6d., the goods of Edward Hill; and that he had been before convicted of felony.
JAMES LAMBOLL (City police-constable, No. 511.) On the 19th of Jan., about a quarter past six o'clock in the morning, I was on duty in Fenchurch-street—the prisoner passed me in the carriage-way carrying two barometers, one under his arm and the other over his shoulder—I went back after him, stopped him, and asked what he had under his arm—he made no answer—I asked where he got these two barometers from—he said a man had given them to him just above—I said perhaps he would go with me and show me the man, or I should take him to the station—he turned round, went a few steps, and said, "Oh if you mean that, you had better take the barometers," or
he should throw them down—I took the barometers in one hand and him in the other—we went a few steps, and he pointed to a man passing on the other side with a bag in his hand, and said, "That is the man, why not take him?"—I said, "No, I shall look after you"—I called after the man—he looked round, and went on—I took him to the station, and found two decanters in his pocket, a pair of slippers in his hat, and part of a box of lucifers in his trowsers pocket—the coat he was wearing belongs to Edward Hill, the prosecutor's servant—he was about fifty yards from the prosecutor's house when I stopped him—he refused to give his name and address.
JAMES REED . I keep the Railway tavern, Fenchurch-street, in the parish of St. Gabriel Fenchurch. The prisoner was a waiter in my service two years ago—on the morning of the 19th of Jan. my servant came down about half-past six—he came up and called me, and I came down directly, before seven, and found the street door was about an inch ajar—a pane of glass about twelve inches square was taken out of the skylight of the coffee-room, which would enable a person to get through—I should say it was big enough for a person to get through—it would be rather a difficult job, but he must have got in that way—there was no other way in which he could possibly get in—I spoke to the policeman on duty, looked round, and missed two barometers and two decanters—one barometer had been hanging up in the bar—the other was up in the first floor—the prisoner knew well the ways of the house—these slippers and coat belong to one of my men—the house was left fastened overnight, and the window pane was quite sound—this coat is mine, also the barometers and decanters.
GUILTY . Aged 20.— Transported for Ten Years.
525. SARAH HOPWOOD was indicted for stealing 14lbs. weight of coals, value 2d., the goods of Charles Bagne; and ELIZABETH HOPWOOD and JANE HOPWOOD , for feloniously receiving the same, knowing them to be stolen.
----LEE (police-constable B 190.) On the 7th of Jan., from seven o'clock in the morning till a quarter to eight, I was near the prosecutor's house, No. 19, Coleshill-street, Pimlico, and saw the prisoners Elizabeth and Jane come down the street, and stand right opposite Mr. Bagne's area—I watched them, and saw them putting something over the area—I then saw them receive a jug of cold coffee and a basket containing 14lbs. of coals—I did not see the person from whom they received them—I only saw a hand reach it up the area to them—they then walked away—I went and asked what they had got—they said, "Nothing"—I took them to the station, returned to the prosecutor's, and took Sarah, who was servant there.
CHARLES BAGNE . The prisoner Sarah was my servant—I had no other—we always took the keys of the area gate and street door up stairs with us at night, so that no one could get in till we came down in the morning—my family consists of my wife and three daughters—they were up stairs at the time this occurred—my daughters slept in the front bed-room, and Mrs. Bagne and myself in the back—no one but Sarah was down stairs—I went down before my daughters—I spoke to them, and they answered me from their room—a person might climb over the area.
NOT GUILTY .
WILLIAM LEE (police-constable K 268.) On the 26th of Dec. I stopped two women, named Brown and Maller, in Chapman-street, St. George's, about ten o'clock at night—in conveying them to the station Maller tried three or four times to get behind me, and in coming down King David-lane, Brown, who I was leading, was very tipsy and became more violent—just before we came to the station Maller stooped down, and by that means got behind me—I put Brown into the station, and in handing Maller in I immediately missed a basket which Maller had before been carrying—I found property to the amount of between 500l.; and 600l.;—I did not know of the robbery then—I only stopped them on suspicion—I afterwards ascertained that a basket of plate was missing, and I believe that basket contained the plate—Maller had the opportunity of getting rid of it at the time she stopped behind—I do not believe anybody was following us—there was some one passing just at the time, and I suppose the basket was got rid of to that person—I did not notice who it was.
CHARLES CLARK WILLIAMS , pawnbroker. No. 29, New Gravel-lane, Shad-well. On the morning of the 12th of Jan. the prisoner came to my shop, and tendered these two silver tea-spoons to pledge—I observed the crest, and said, "These are part of the property which has been stolen, and I must detain you"—she then said, "You can keep the spoons, let me go"—I immediately sent to Mr. Vallantine at the station—he came, and I gave her in charge.
Prisoner. I did not know they were silver. I have always pledged at his shop, and he never knew anything against me. Witness. She has been in the habit of pledging with me for the last six years.
ROBERT OBWOOD VALLANTINE , police-inspector. Williams came to me—I went to his shop and saw the prisoner, she said, "I picked the spoons up in King David-lane on boxing night"—I found nothing at her house.
NOT GUILTY .
527. THOMAS LINAHAN was indicted for feloniously receiving of a certain evil-disposed person, 19 forks, value 19l.; 37 spoons, 24l.; 1 pair of sugar-tongs, 1 butter-knife, and 1 pair of scissors; the goods of Robert Clavering Savage.
WILLIAM LEE (police-constable K 268.) I stopped Brown and Maller in Chapman-street about ten o'clock at night, on suspicion of felony. Maller was carrying a bundle, a basket, and band-box—in taking them to the station-house she stopped behind in King David-lane—my attention was more particularly directed to Brown, who was drunk—I observed Maller stopped down there, and when I got to the station I missed a basket she had been carrying—most of the property stolen from Mr. Savage was found on—the two women—there was still some plate missing.
ROBT. ORWOOD VALLANTINE (police-inspector K.) In consequence of what Maller and the last prisoner said to me I went on board the brig Isabella, in the Regent's canal, on the 12th of Jan., and found the prisoner in the hold at work—he asked what he was charged with—I told him with receiving a basket of stolen plate—he said, "I was passing through King David-lane with this woman (alluding to Tuckfield who was with me) when a woman gave me a basket, I waited about five minutes, nobody came for the basket; I opened it and saw it contained plate; Tuckfield said, 'Give me that salt-cellar,'which was in the basket, I gave it her, then went towards the wooden bridge and gave the basket of plate to a man and went home"—I told him his
mother had offered two spoons in pledge—he said he knew nothing of that—I asked him if he should know the man again, he said, no.
MARY ANN TUCKFIELD . I live in Prussian-gardens. On the 26th Dec., I was in King David-lane with the prisoner, and about the middle of the lane I saw Lee with two women in custody, one of them carrying a basket—I saw the woman who was behind give the basket into the prisoner's hand—she said, "Take this basket"—it was a good way from the station-house door—we then went to a room in King David-fort to open the basket, and I saw a pair of salt-cellars, a pepper-box, and some spoons and scissors in it—I asked the prisoner for the salt-cellars—he gave me them and the scissors—I gave the salt cellars to my mother—I left the prisoner in possession of the basket of plate—I did not give information of this—I did not know what to do.
ROBERT CLAVERING SAVAGE . I live in Wellington-road, Regent's-park. These salt-cellars and scissors are part of the plate stolen from my house on the 26th Dec.—I have lost 100l.; worth of property, which has not been found—Brown absconded from my service—I traced a quantity of plate into her possession.
WILLIAM LEE re-examined. Maller loitered behind about three doors from the station and could get rid of the basket—the prisoner has known me many years, and knew I was a policeman—the house he went to in King David-fort is a brothel—I cannot find that he had any previous knowledge of Maller.
Prisoner's Defence. I was halftipsy, and met this girl; I was walking with her in King David-lane: the woman was coming along; I was swinging my hands out of my pocket; she shoved the basket into my hand; I stood about ten minutes with it, and said to the girl, "It is queer that woman thrusting this into my hand; "I went to this house, opened the basket, and took out the salts; she asked me for them; I gave them to her; I came out with the basket, saw a man, and asked him to hold it; I gave it him, and ran away; I did not see Lee with the woman.
NOT GUILTY .
PHILIP HAWKES . I live at No. 263, High Holborn. On the afternoon of the 11th of Jan., I was in the counting-house in the centre of the shop, and saw the prisoner come into the shop, take up a dressing-glass, put it on his arm, and walk out with it—I directly followed, and took him with it in his hand—I asked what he was going to do with it—he said a gentleman sent him in for it—I directly gave him in charge—it belongs to my brother, Edward Hawkes.
Cross-examined by MR. CROUCH. Q. How many yards was the glass from the door? A. Seven or eight—a person coming in might see me in the counting-house—he came in deliberately, and walked out very nimbly with it—I never saw him before—he did not appear intoxicated.
GUILTY . Aged 50.— Confined Six Months.
OLD COURT.—Wednesday, February 7th, 1844.
WILLIAM WINDSOR . I am groom to William Anthony Collins. On the 10th of Jan., about six o'clock in the evening, I was in Bond-street, and saw the prisoners with two others, a few doors on this side of Clifford-street, next to Piccadilly—my attention was first drawn to them by Jeffcott, who I thought I had seen some years ago—I saw Jeffcott attempt to take something out of a chaise-cart—a boy who was in charge of the chaise, stood by the side of the horse—I watched, and saw one go behind Jeffcott and take a small parcel out behind, out of the same chaise—no one was in the chaise—he gave the parcel to the other, and they both walked off together—I followed, and saw a policeman, informed him, and he took them.
Cross-examined by MR. PAYNE. Q. Had you ever seen Anderson before? A. I do not remember—he was standing on the curb, on the opposite side of the street, at the time the parcel was taken—the constable took them about a quarter of a mile off, by the Egyptian-hall—I did not lose sight of them—I was not forty yards from the chaise.
Cross-examined by MR. HORRY. Q. Had you been nearer? A. Yes, I had passed them—the boy who stood at the side of the horse might have seen this if he was sharp enough—the parcel was taken from the back of the chaise.
JAMES MARTIN . I live in Gutter-lane, Cheapside. On the 10th of Jan., about six o'clock in the evening, I was in Bond-street, with a chaise—I went into a house with some samples of scarfs, came out, and put them into the box at the back of the chaise, leaving a lad, as before, at the head of the chaise—I returned to the house, and when I came back missed a parcel of 112 satin scarfs—I have brought a sample from the parcel here—I know them to be mine.
Cross-examined. Q. What were they in? A. In small boxes, inclosed in paper, and tied up.
(Jeffcott received a good character.)
JEFFCOTT— GUILTY . Aged 17.
ANDERSON— GUILTY . Aged 17.
Confined Six Months.
Before Mr. Justice Coleridge.
MR. PRENSERGAST conducted the Prosecution.
ROBERT RIDLEY . I live in Dorset-street, Salisbury-square, St. Bride's. The prisoner's mother lodged with me, and he lived with her—they had the two attics, which are front rooms—the prisoner slept in the room furthest from the stairs, his mother and sister in the other room—I was in bed on the 31st of Jan., when he came home; but at two o'clock in the morning I heard some women screaming in the street, and cries of fire—I got up, looked out of window, and saw flakes of fire falling from the rooms above—they appeared to come from the further room—the policemen were let in—I went up with them—when I got into the further room I felt in the bed, and found the prisoner, laying there—it was too dark to see anything—I took hold of him by the
throat, and, with assistance, we pulled him off the bed—I called him a rascal—he said, "Take care, look about well; there is plenty of fire yet, and you will be burnt out"—some of his sister's clothes had been burnt in the mother's room, and a quantity of water thrown over the floor of that room—the room he was in was in a state of confusion, and a coverlid, which I believe belonged to the mother's room, thrown on his bed was burnt—there was such a smoke in the room I do not think any one could have lived there ten minutes—the bottom of the door of the mother's room and part of the floor was partially burnt—it was the door from the passage into the mother's room—the sister's gown and apron were laying against the cupboard, by the side of the fire-place, burnt—he laid on his bed without any clothes over him—they were thrown aside, but not burnt—the coverlid which had been thrown on his bed had been burnt, and outside, in the gutter against his room, were some burning bed-clothes—the door was burnt about twelve or fourteen inches high—I did not observe any part of his own room burnt.
Cross-examined by MR. HUDDLESTONE. Q. How long had the mother lodged with you? A. Four or five months—the flakes which came from the window were as if things on fire were being thrown out—I found the mother's room-door locked—there is a door from that room to the prisoner's—the burning on the door was within a yard of the foot of the mother's bed—the door was not on fire when I went to it—the paint was blistered, a sort of charcoal—I saw no red—the floor which was burnt was close to the door—the prisoner was undressed—he was very drunk.
COURT. Q. Was there a candle in either room? A. There was not—I did not perceive any fire in the grate.
ANN JONES . I am the prisoner's mother—he came home about half-past twelve on this night very drunk—I did not go up stairs with him—my daughter did, and when she came down she and I went out—the policeman persuaded us to go to the coffee-shop in Bride-lane, and as we returned in about an hour we found him coming along in custody—I went up stairs, and found the bed-clothes had been burning—we had left a little fire in the grate.
EMMA TURNER . I am the prisoner's sister. I and my mother laid down in our clothes till my brother came home at half-past twelve—I let him in—he was very much intoxicated—he said the policeman was outside, and called out "Police"—I went up stairs with him—he asked me for his supper—he threw the beefsteak which I gave him into the fire, and said if I did not go out he would throw me out of window—I went out—he said nothing about burning—about two months before, he took a lucifer, and hove it under the blanket—it went out, and he said he would burn the things—I said, "Do not,"and he did no more—that is all I ever heard him say about burning—I and my mother remained out for about an hour—there were some birds over the fire-place when we went out—when we returned they were on the parapet outside—they belonged to my brother—when I went out I left a candle, and a fire in the grate—I found all the bed-clothes burnt, except a piece of carpet—a gown of mine was burnt, and the floor scorched.
Cross-examined. Q. The birds were in a cage? A. Yes—he was drunk when he said he would burn the things.
DAVIND GROVES (policeman.) On the 31st of Jan., about one o'clock in the morning, I was in Dorset-street, and saw the prisoner come home drunk, knocking violently at the door—the door was opened—the mother and daughter came to me about a quarter of an hour after—they went to a coffee-shop—the prisoner put his head out of window, and made some remark to them, which I did not hear—after they were gone he put his head out of
window in his shirt, and looked towards the door—he said, "I have often told you to go, and if you don't go I will burn you out"—they had gone away then by my advice—I watched for about half an hour, and saw a light going from one room to the other—it remained in one room a few minutes, and I then went round my beat—as I returned there was a cry of "Police! fire!"—I then saw a greater light than usual at both windows—I sprang my rattle, and saw fire come from the attic windows—somebody knocked at the door—I followed Ridley up stairs, and in the second room we took hold of the prisoner on the bed—both rooms were full of smoke—after some time we got him to put his trowsers on—he said, "You had better look about, there is plenty of fire about"—we looked under the bed, but found nothing more—in taking him to Smithfield station he was very abusive, and said he did not see what he had done—he did not see any harm in a man setting fire to his own things, that his sister and mother were always imposing on him—he seemed very wild—I saw the birds on the coping where he had been leaning over, and things burning in the gutter.
COURT. Q. Did you examine the door? A. Yes—the lower pannel was scorched, but nothing more than scorched.
NOT GUILTY .
Before Mr. Justice Cresswell
GUILTY . Aged 28.— Transported for Life.
Fourth Jury, before Mr. Common Sergeant.
532. JOSEPH WILLIAMS was indicted for feloniously breaking and entering the shop of Edward Allwright, on the 24th of Dee., and stealing therein 2 dead ducks, value 10s., and 1 dead goose, value 5s., his property.
EDWARD ALLWRIGHT . I reside in Castle-street, Leicester-square, and have a shop at No. 45, Dean-street, Soho, the door of which I left safely locked up at ten o'clock on Sunday morning of the 24th of Dec.—I received information from my landlord about ten the same evening, went to my shop, and found the prisoner in custody, and two turkeys and a goose lying behind the counter, which I had left banging on the hooks.
JAMES FETCH . I live in the house where the prosecutor's shop is. On the 24th of Dec., between nine and ten o'clock in the evening, I was sitting in my parlour, and hearing a noise in the shop, I went out into the passage and found the street and shop-doors open—Mr. Allwright's shop-door opens into the passage—the street-door is often left open for the lodgers—I closed the shop-door, and sent for a policeman—two came—we went into the shop, and found the prisoner there, and saw two turkeys lying on the floor.
MICHAEL RAY (policeman.) I was sent for, went into Mr. Allwrights shop, and found the prisoner lying at full length under the counter, and two turkeys and one goose lying by the side of him—there was no appearance of the lock being forced—I found nothing on him.
JOHN ALLWRIGHT . I am the prosecutor's son. About half-past eleven o'clock in the morning, after my father was gone, I had the key given to me to go to the shop—I think I shut the door when I came out, but I am no sure.
Prisoner's Defence. I had been with a friend having something to drink, and coming home, met a female at the corner of New Compton-street; she took me into this passage; we heard somebody coming, and she went away; I had hold of the door; I do not know how it came open, but the gentleman
pulled the door on me, shutting me into the shop; I was timid, and was glad to creep anywhere; I am not aware that anything was removed.
NOT GUILTY .
533. JOSEPH STAGG was indicted for stealing 1 sheep, price 38s., the property of William Baker.—2nd COUNT, for killing it, with intent to steal the carcass; and that he had been before convicted of felony.
WILLIAM BAKER . I have a field opposite the Wellington, at Highgate, in which I saw fourteen sheep of mine safe on Tuesday morning, the 9th of Jan. about half-past ten o'clock—I received information on Wednesday morning, about nine, went to the field, and there were but thirteen—I traced some footmarks of two or three men to where the sheep had been all scuffled together, and caught—one had then been dragged over the fence into the next field about 100 yards down the wood-side, and then dragged into the wood—I there found the skin, head, and feet, and the inside—some mutton was afterwards shown me by the policeman, which I compared with the skin, and it corresponded—(produced)—here is a brand mark on the skin—here is some wool on the mutton, and here is a hole or two in the skin, which corresponds with the mutton, and the joints correspond—I can swear that the mutton produced is part of my sheep.
HENRY TATE (police-constable G 136.) On Tuesday night, the 9th of Jan., I stopped the prisoner in Peter-street, Clerkenwell, about half-past nine, with another man who escaped—I asked the prisoner what he had got—he said, "Some mutton"—I asked where he got it from—he said he bought it in the street—I asked who of—he said, of a man in the street—I asked where—he said he did not know—he would not give me any further information, and I took him to the station—I found on him two shoulders of mutton, and a leg, quite warm, this saw and two knives, all over mutton-fat.
Prisoner. They may do as they please about it, I have been sworn to falsely, once or twice before—I told him I bought it for 6s.
JOHN SULLIVAN (police-constable N 26.) I produce a certificate of the prisoner's former conviction—(read)—he is the person who was tried and convicted—he had only been out of prison three days when he committed that offence.
GUILTY . Aged 35.— Transported for Fourteen Years.
MR. RYLAND conducted the Prosecution.
JONATHAN WHICHER (police-sergeant A 27.) About seven o'clock on the evening of the 17th of Jan., I was on duty in plain clothes, in Oxford-street, with Sergeant Parker, and near the Circus saw both the prisoners, who I had seen a few evenings before—they were standing near a cart which had a basket of clothes in it, which they appeared to be watching—the cart went away—the prisoners went down Oxford-street—I followed, and kept them in sight—they overtook a man drawing a truck with several boxes and trunks in it—Hughes went into the road, and looked into the truck—the man turned down Orchard-street, and the prisoners followed—Payne went up to the man drawing the truck, and walked by his side some distance—when they got into the dark part of Portman-square, which is the east side near the enclosure, Hughes went behind the truck and endeavoured to get out one of
the boxes, but did not succeed—they followed the man into the New-road and then returned into Oxford-street, loitered about some time, and then followed another cart down Oxford-street and Edgware-road—that was not the prosecutor's cart—they still kept in company—the prosecutor's cart was standing opposite a green-grocer's in the Edgware-road—they passed it, turned back, and came and stood near the cart a minute or so—they then walked a little distance—Hughes went back to the cart, took the horse-cloth, and walked away towards Payne, who was waiting twenty or thirty yards distant—he was in sight—I stopped Hughes with the cloth on his arm, and asked what he was going to do with it—he said he took it for a lark, to throw at his friend—Payne walked away, and was apprehended by Parker—Parker had not kept in my company the whole time—I lost him for about an hour—Payne appeared to be looking out at the time Hughes took the cloth.
Cross-examined by MR. BALLANTINE. Q. In what direction was he looking? A. All ways, looking round—this occupation took me nearly three hours—it was not till the end of that time that they took the horse-cloth—I do not know where Parker went to when I lost sight of him—we were watching the prisoners—we did not keep together; we were obliged to dodge them the best way we could—I fell in with him again—I did not inquire where he had been—he told me he had lost me accidentally—the prisoners were not playing with each other at all—we had occasion to watch them two or three nights previously—I did not take them into custody then; they did nothing to justify me in doing so—there have been a great many robberies in that part of the town from carts, and we were sent down to watch—I am not aware that there have been a good many complaints of the inefficiency of the police about there—I swear that—I and Parker were directed to watch there every night.
HENY PARKER (police-sergeant N 28.) On the night of the 17th of Jan. I was out with Whicher, and saw the two prisoners—we watched them for three hours, and about ten o'clock I saw Hughes in the custody of Whicher—Payne was about thirty yards off—I went after him—he asked what I took him for—I said, for stealing a coat or something from a cart, and he must come with me, we had got his friend—he said, "I have no friend; I know nothing about it."
Cross-examined. Q. Do you know of many robberies being committed in the neighbourhood? A. Yes—I have heard no complaints about, the police—I did not watch the prisoners for three hours myself, because I had lost them for about an hour and a half—that slipped my memory at first—I was on one side of the road, and Whicher on the other, and in consequence of so many vehicles going backwards and forwards I lost them for an hour and a half—I saw them again in Oxford-street, and followed them into Edgware-road—I was in plain clothes, and always am, unless I appear in Court—I did not point them out to anybody but Whicher.
JOSEPH BAGLEE . I was out on the night of the 17th of Jan. with my horse and cart—I stopped at a door in the Edgware-road about ten o'clock at night—I put the cloth on the horse, and went into the shop—while I was in the shop the policeman brought Hughes in with the horse-cloth, which is mine.
Cross-examined. Q. Who had it when it was shown to you? A. Either whicher or Hughes.
Hughes's Defence. The officer says he was watching us for three hours, and at seven o'clock we were at home in Jewin-street, City; the officer states in his deposition that I either took the cloth out of the cart or off the horse;
it was from neither; had it not been on the curb-stone I should not have seen it; I stepped on it before I saw it; I picked it up to throw at Payne.
(Charles Williams, watch-maker, of No. 24, Bateman's-row, Shoreditch; John Redding, cabinet-maker, of No. 48, Long-alley; and Thomas Whiting, livery-stable-keeper, of Cambridge-heath; gave Payne a good character.)
PAYNE*— GUILTY . Aged 25.
HUGHES(†)— GUILTY . Aged 25.
Transported for Seven Years.
CAROLINE QUINT . I am in the service of Mr. Richard Molton, of No. 18, Chancery-lane. On the 22nd of January I left the house about five o'clock, and on my return saw the prisoner, and a woman with a child in her arms, standing at the door—the other woman got into the passage, and knocked—she wished to speak to Mrs. Molton, and asked me to take a letter up to her—I went up twice, and about a minute after I let her out I missed my master's coat from the passage—I ran out, and overtook her not a quarter of a mile from the house—she let it drop—this is it—the scarf was in the pocket.
Prisoner. I was not in the passage. Witness. No, she was not; she was standing outside—she and the other woman were both running together when I missed the coat.
(The prisoner put in a written defence, stating that she had picked up the coat.)
GUILTY . Aged 40.— Confined One Month.
(The prisoner received a good character, and was recommended to mercy.)
THOMAS SLADE , carrier, Bonnington, Hertfordshire. On the afternoon of the 18th of Jan. I received a box at Queen-square, to take to Bonnington—I did not then know what was in it—I afterwards received information, and it was gone from my cart—it was afterwards produced by the officer—this is it.
JOSEPH BARBER (policeman.) I saw Stacey take the box from the cart, which was standing at the corner of Lower Berkeley-street, Connaugbt-square, and pass it to Jones—I had seen them together about half an hour previously.
Jones. I saw two chaps running, and they dropped the box; I picked it up; two men cried, "Stop thief," I threw it down, and ran with Stacey; the two chaps ran another way; after running through two or three streets, a man caught me, and the constable did not come up for three minutes; the man collared the policeman too, and would not leave him go; I was taken nearly three-quarters of a mile from the place. Witness. I pursued him directly—he was captured by another constable—a wine-cooper first stopped him, and when my brother-constable came up he collared him as well, and would not let him go till I came up and told him who we were—we were in plain clothes—I am sure Jones is the man—not three minutes elapsed before he was taken—I watched him all the way up Oxford-street—he had been about Bond-street for some time.
Stacey. I had not the box in my hand at all; Jones picked it up when the others dropped it. Witness. They first tried to take the box at the corner of Old Cavendish-street, and again at Hyde Park; and in passing Connaught-square Stacey took it, and passed it to Jones, who threw it down at my
feet, and ran away—I captured Stacey, and my brother constable captured Jones.
JONES— GUILTY . Aged 18.
STACEY— GUILTY . Aged 19.
Confined Six Months.
ABIGAIL PHILLIPS . I am the wife of Nathan Phillips. On the 15th of Jan., about nine o'clock in the evening, I was in my parlour, at No. 125, High-street, Shadwell, and, on going to the cupboard, saw the prisoner crawling on his hands and knees down the shop—I went to drive him out—he was a good while before he got up; he pretended he was lame, and could not walk—I saw a coat lying down on the floor, which had been lying on a shelf in the shop—I turned him out, said he had come in to rob me, and called him a thief—he said if he saw a policeman he would give me in charge, he was very insolent, and caused a mob round the door—sergeant Harris came up, and I gave him into custody—the coat had been in the shop twenty years—there are divisions between the shelves, and it could not have got down without being pulled down—I had seen it safe about six o'clock—no one had been in between six and nine, that I know of.
BENJAMIN HARRIS (police-sergeant.) I took the prisoner into custody—he said he went into the shop for a pennyworth of thread, and a needle; that he dropped his penny, and was on his hands and knees looking for it.
Prisoner's Defence. I had a penny in my pocket; my trowsers were ripped; I went into the shop for some needles and thread, and the penny dropped; I was looking about for it; I saw it near the counter, and as I was stooping to pick it up the prosecutrix came-out, laid hold of me, hit me, shoved me about, turned me out of the shop, and called me several names; she did not see me touch the coat.
NOT GUILTY .
GUILTY . Aged 23.— Transported for Seven Years.
OLD COURT.—Thursday, February 8th, 1844.
Second Jury, before Edward Bullock, Esq.
539. THOMAS ISRAEL was indicted for stealing, at St. Marylebone, 1 writing-desk, value 4s.; 6 spoons, 1. 10s.; 2 books, 6d., 1 pencil-case, 5s.; 3 rings, 15s.; 3 breast-pins, 5s.; 2 brooches, 5s.; 6 shirt studs, 5s.; 1 penholder, 5s.; 1 thimble, 1s. 6d.; 1 buckle, 2l.; 1 purse, 6d.; 1 neck-chain, 1s. 6d.; 1 locket, 7s.; 1 half-franc, 5d.; 1 shilling, 6 sovereigns, 8 half-sovereigns, 16 half-crowns, 60 shillings, and 6 sixpences; the property of Thomas Bishop, his master, in his dwelling-house: and JOHN SANDS and CHARLES FREDERICK BARKER for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.: to which ISRAELpleaded GUILTY , Aged 13.—Recommended to mercy by the Prosecutor.— Transported for Ten Years.—Parkhurst.
THOMAS BISHOP. I live in Circus-street, Marylebone, and deal in coals, potatoes, and wood. Israel was in my service occasionally for three years—on
Thursday morning, the 11th of Jan., I left my house in the care of my wife and Israel—I had a writing-desk in the room we occupy at the back of the shop, standing at the end of a chest of drawers—it was locked—there was about 12l.; in it, six sovereigns, three half-sovereigns, and the remainder in silver; half a dozen silver spoons, two banking books, some brooches, lockets, a silver pencil-case, three gold rings, and a long silk purse, with part of the money in it—I am quite sure I left it in the room locked when I left, about eleven o'clock in the morning—I was fetched home about a quarter to ten in the evening—it was then gone, and Israel had absconded—the desk was returned to me about half-past eight next morning, by the lamp-lighter, with the books, a marriage certificate, and a few other papers which it had contained.
ISAAC SPREADBOROUGH (police-constable D 61.) In consequence of information, I went and apprehended Sands, at his mother's house—I told him I wanted him on suspicion of the robbery at Mr. Bishop's—he said he knew nothing about it—I said, "You were out all last night"—his mother said, in his presence, "No, he was not, for he slept at his aunt's"—I told him be must come to the station along with me, and said, "You were out all last night"—he said, "No, I only told you so before my mother"—he had said before his mother that he had slept at his aunt's—when we got against the station door he said, "I will tell you all I know about it"—I took him outside—he then said, before the inspector and sergeant, that he went to Astley's play-house last night, with Israel and Barker—I said, "If you went to the play along with them, you must have known something about the robbery"—he said he did not know about it, for he met Israel with the box, that they went down a mews close against Montague-square, that they broke it open down the mews, and went from there to Montague-square, but what was in the box he did not know; they put it down in the square, and Barker said to Israel, "You d----fool, why did not you throw it over the railings into the square?"that they then went to Astley's Theatre, and, coming out, a policeman stopped Israel, and was rubbing him down outside his clothes; that he then left them, and saw no more of them.
Cross-examined by MR. PAYNE. Q. Did he not say he did not know how much there was, for he had none of it? A. He did.
JOHN HALL (police-constable D 64.) On the night of the 11th of Jan. Beckley gave Israel and Barker to me, against the Victoria Theatre—I found a knife, a comb, and this watch, on Barker—Beckley gave me two sovereigns, a half-sovereign, and 11s. in silver—Barker said that was part out of the desk—as he was going along he commenced telling me about the robbery—I said what he stated to me I should state to the Magistrate—he said he was in the Royal Oak public-house, at the corner of Circus-street; that he was called out by Sands; that he went with them into the square, and afterwards to Astley's, in a cab, from Oxford-street; that they then came back, and he and Israel remained at the coffee-shop, in Bird-street the whole of the night; that next morning they went over the water, and purchased these things with the money which they had out of the desk, and went from there to the Thames Tunnel, then came back to the New-cut; that there was an argument about a pin that had been left in one of the old coats; from there they went to Astley's Theatre again at night, where we apprehended them.
SANDS and BARKER— NOT GUILTY .
Before Mr. Justice Coleridge.
540. ELIZABETH TODD and SARAH TRUSSLER were indicted for feloniously forging and uttering a receipt for £116. 9s. 7d. with intent to defraud the Rev. John Hume Spry, and others.—Other COUNTS, varying the manner of laying the charge.
MR. CLARKSON conducted the Prosecution.
ROBERT WILLIAM SHEATH . I am a clerk in the Marylebone Savings Bank. Dr. John Hume Spry and several others act as trustees—in January last we had an account of a person named Mary Todd as a depositor—on Saturday the 20th Jan., between eleven and twelve o'clock, the prisoner, Elizabeth Todd, came to the bank and presented this deposit book to me—it is the book which was given to the person who had invested the money in the name of Mary Todd—the first deposit was made on the 14th October, 1837—I cannot say whether she was alone when she came—she presented the book and said she wished to withdraw the whole of the money—there was then 116l.; 9s. 7d. standing in the name of Mary Todd—I asked her if it was her own money, and if the account belonged to her, she replied that it was her account and that she paid the money in—I then proceeded to fill up the notice ticket now produced previous to its being signed—I handed it to her and told her to write her own name—she wrote a name here which I could not exactly make out, and asked her what name it was—she said Mary Todd—I then asked her again if she had paid the money in—she said she did—I told her it was not much like the writing in our book, and if she could not write it better on the day of payment she would have some difficulty in getting the money—she said she had not written for some years, and had not got her spectacles with her, but between that and the day of payment she would bring her spectacles, and also practise writing in the mean time—we require ten days' notice of an intention to withdraw money—she then left, and on the Tuesday week following, the 30th, she came again—I filled up a receipt and handed it to her to sign—she wrote the name of Mary Todd once—I looked at it and asked her if she could write it better—she said shew ould try, and then wrote the name the second time on the same paper, and I struck out the first—I was not satisfied with that second writing, and snowed it to Mr. Douglas Finney, the assistant secretary—he asked her to write the name again on the back of the receipt, which she did—he said he was not satisfied with the handwriting and should require her to make a declaration before a Magistrate—the prisoner Trussler then came forward and said she could make oath that the was the person who paid the money in—Mr. Douglas Finney then said he would fill up a declaration for them both to sign—he asked Trussler if she was present when the first deposit was made, she said she was—he then prepared this declaration for them to make before a Magistrate—I am not positive which took it, but they went away with it—they returned in about half an hour and communicated with Mr. Douglas Finney—I have been a clerk in the bank twelve years—I never saw the prisoner Elizabeth Todd before to my recollection—I was not the person who received the original deposit in September, 1837—Mr. Douglas Finney received it himself—there are three entries in the deposit book in my handwriting—I cannot say of whom I received those deposits—the depositor does not sign after the first time.
Cross-examined by MR. WILKINS. Q. I believe there are several thousand depositors in this bank? A. Yes—another person besides myself is engaged in receiving deposits, and occasionally others—there are seven different handwritings in this depositor's book, by which it would appear seven persons
have received deposits—I did not show her the original signature, nor did she ask for it—here is an entry of 20l.; being drawn out on the 29th Dec. 1840.
Q. Is not the signature to your voucher for the receipt of the 20l.; the same writing as that given when they came on the last occasion to take out the money? A. I think not—I do not believe it to be the prisoner's writing on that notice—I believe it to be the same as in the original book—I cannot say I was present when the 20l.; was paid—I took the receipt for it—I do not pay the money nor see it paid—I must have seen the party making the application, but cannot recollect them.
Cross-examined by MR. HUDDLESTON. Q. Whose initials are these, S. G.? A. Samuel Gregson, one of the managers—I believe he does not receive money—the book after it is received goes to the manager, who calls the person's name, asks them what they have paid, if they answer correctly he puts his initials to it and returns the book—this entry of 10l.; received on the 30th Dec. 1843, is by James Cummings, a cashier—he is not here—I do not recollect who paid the money.
DOUGLAS FINNEY . I am assistant secretary and actuary to the Marylebone Savings Bank—I remember Sheath calling my attention to the signature of Mary Todd, on Tuesday 30th Jan., on a paper—I told Elizabeth Todd the signature was not satisfactory to me, and asked if she was the Mary Todd who deposited the money in the first instance—she said she was—I then said I should require a declaration to be made before a Magistrate of the fact—the prisoner Trussler was about a foot from her—I cannot say whether she heard this conversation, but Trussler came forward on my saying that, and said, "I came with this party, and know her to be the Mary Todd"—I then asked if she saw her write her name in the signature book in the first instance—she said, "No, I was waiting outside"—I then asked Trussler if she would have any objection to make a declaration as to these facts—she answered, no—I then prepared a declaration, which is here—I read it over to them, very carefully explaining to them that if they declared here anything that was false, they would be considered guilty of perjury and liable to the same punishment—after reading it over to them and explaining the penalty, I asked if they were willing to make it—they said they were, and then left with the declaration, in about a quarter of an hour they returned—Trussler said, "We have come to tell you the truth, sir"—Todd then said, "The account was my sister's, who is now dead"—I said the case was of so serious a character I could hear nothing further till my father, who is the actuary, returned—I directed them to sit down in the office—after a short time my father returned, and they were shown in to him—before that Todd might have mentioned in my presence that there was a son living and a will left—she certainly did afterwards—I believe she remarked that nearly the whole, if not the whole, of the money had been paid in by her, and belonged to her—I was present when they were shown in to my father, and then Todd stated that the account was not hers, that the money had been paid in by her sister in the first instance—that her sister was dead, had left a will, and there was a son living, but that the whole, or nearly the whole of the money had been paid in by her, and belonged to her that on a former occasion she had received the sum of 20l.;—I then procured the receipt for 20l.; which I showed her and asked if that was her handwriting, pointing to the signature—she said it was—after Trussler had admitted this was not Mary Todd, I said to her, "How could you allow me to prepare this declaration, when you state that you came with the right Mary Todd, and you knew at the time this was Elizabeth Todd?"—I believe she began to cry—I could not swear as to the very answer she made—I and my father told them if they were allowed to go they must consider the charge
as hanging over them, and most probably in the course of to-morrow (Wednesday) they would hear something more of it—I originally took the account in the name of Mary Todd, but have not the slightest recollection of the person by whom the money was paid.
Cross-examined by MR. WILKINS. Q. They gave correct addresses? A. Yes.
Cross-examined by MR. HUDDLESTON. Q. When Trussler first spoke, was Sheath present? A. Yes, all the time, and I should think heard what she said before the declaration was prepared.
ROBERT TODD . I live in Crown-court, Covent-garden, and am the son of the late Mary Todd—she was a spinster—I proved her will on Saturday, the 27th of January—I knew she had money in the Marylebone Savings' Bank—she died on the 16th of January—I proved the will in a sufficient sum to comprehend the money in the bank—the prisoner Elizabeth Todd is my mother's sister—I have known Trussler five, six, or seven years.
Q. Were you aware, on the 20th or 30th of Jan., that Elizabeth Todd was about to receive, at the bank, the money paid in your mother's name? A. There had been some conversation respecting this with her, and I was to a certain degree, aware of it—I was aware there was money coming to my aunt, out of this account, for money she had advanced to my mother in her life-time—all the money except the original deposit, I understood, from my mother, had been paid in by my aunt Elizabeth, but only part of it was her money, part belonged to my mother, and part to her.
Q. Why did not you, as the executor, go and receive the money? A. During my mother's life-time some conversation arose respecting her name in the deposit-book, or the bank-book, I do not know which, but it was to the effect, that the book has only the name, of Todd, and I urged the propriety of her taking the book herself, at the next deposit, that I should have no difficulty in establishing the fact that it was her money, and no other Todd, knowing I was her executor, her answer was, "You know your aunt has paid in most of the money, and she will not cheat you,"and that she had on one occasion drawn out 20l.; of the money.
Cross-examined by MR. WILKINS. Q. Had there been a conversation between you and the prisoner about taking the money out of the bank? A. Between my mother and the prisoner, in my presence—I did not object to her taking it out, knowing she would not wrong me, and that she had drawn 20l.; out before, I did not conceive there was anything wrong, and they did not suspect the signature when my mother was living—it was stipulated that what was due to me should come to me—the conversation I had with my mother about wishing her to alter her name in the book, was while we, were walking in the street—nobody was present at that conversation.
WILLIAM CHING (police-constable D 97.) At ten o'clock on Wednesday morning, the 31st of Jan., I went to No. 86, Gloucester-place, and found Elizabeth Todd in the kitchen—(I got that address from the savings' bank)—I told her I must take her for attempting to defraud the Marylebone-bank—(she was in service there)—she said, "I have not defrauded, what I have done has been through ignorance"—I then went to No. 6, Wilton-crescent, which address I got from the bank, and found Trussler there—I told her I must take her for attempting to defraud the Marylebone bank—she said what she had done she had done innocently; she had not attempted to defraud them, it was only done to save the legacy duty.
Cross-examined by MR. HUDDLESTON. Q. Trussler was in service at Wilton-crescent? A. Yes.
The notice to withdraw the 116l.; 3s. 7d., and a receipt for the same,
signed together with the declaration, were here read; the prisoner's correct addresses were stated in the declaration.
(The prisoners received excellent characters.)
TODD— GUILTY . Aged 55.
TRUSSLER— GUILTY . Aged 38.
Strongly recommended to mercy by the Jury and Prosecutors.
Confined Two Years.
Before Mr. Justice Cresswell.
541. JOHN DAVIS alias Blythe and HENRY ROBINSON were indicted for burglariously breaking and entering the dwelling-house of Edwin Leaf, in the night of the 10th of Oct., at St. Alban, Wood-street, with intent to steal, and stealing therein, 1800 yards of ribbon, value 50l.; 140 handkerchiefs, 12l.; and 72 yards of silk, 8l.; his goods; and GEORGE HIRT for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.; and that Davis had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
ALEXANDER THWAITES . I am clerk to Mr. Edwin Leaf, silk warehouseman, Wood-street, Cheapside, in the parish of St. Alban. I have the charge of the warehouse—I secure it at night, and open it in the morning—on the 10th of Oct. I secured the warehouse at twelve o'clock at night—I went round the premises, and saw all the bolts and fastenings were secure—I observed the counting-house window was perfectly secure—I went into the ribbon-warehouse—the ribbons remain on the counters at night, with paper covered over them—the handkerchiefs are secured from being soiled by wrappers and papers—part of them were on shelves, and part on the counters—they were perfectly safe that night—I went down to the warehouse at seven next morning, entered the counting-house first, and found a drawer in which I keep cash, had been broken open since left it the preceding night—my desk was also forced open, and there was a ladder placed against a shelf in the counting-house, on which books are kept, that would enable a person to get up to the counting-house window, which is a sky-light, very easily—that sky-light had a square of glass taken from it, which would enable any person outside to get into the counting-house—they might get there from a court at the back of the premises on to the flat leads—there are three shelves, which they might use as a ladder to get down from the sky-light—I found a screwdriver on the desk, a taper, and a box of lucifer-matches—there is not the slightest difficulty in getting from the counting-house into the warehouse—it is on the same floor, the ground-floor—I entered the handkerchief department of the warehouse first, and found the wrappers which covered the shelves had been lifted up, and remained in that state—I did not miss anything from there myself—I went into the ribbon warehouse, and found the papers which had covered the ribbons thrown on the floor—I saw some ribbons were gone—I could not tell how many—the locks, and bolts, and everything remained as I had left them the night before, except the sky-light—about thirty young men reside in the warehouse, and sleep in the house—the warehouse forms part of the house, and is under the same roof.
Cross-examined by MR. WILKINS. Q. Is there an internal communication between the warehouse and dwelling-house? A. Yes, a door.
WILLIAM WHITE . I am in the employ of Mr. Leaf, and am the ribbon buyer. I went to the warehouse at nine o'clock in the morning of the 11th of October—I had left between eight and nine overnight—the ribbons were then all perfectly safe—when I came in the morning I found the papers removed from the counter, and fifty or sixty pieces of ribbon taken away—rolls are
half-pieces—they were worth aboat 50l.;—a portion of them were patterns, which were engaged by me for Leaf and Co. in Aug.—they were coloured—the other portion were black ribbons, and open to other warehouses—about the 8th of Nov. I was in the prosecutor's warehouse, and William Waller, who lives in Bridge-street, Southwark, and is a customer of ours, came there, about eleven o'clock in the morning, and brought ten pieces of black figured satin ribbon for sale—there were twenty rolls—our black ribbon was undressed—I knew them again when he produced them, and detained them—I afterwards produced them to Mr. Leaf.
Cross-examined. Q. Did you engage them from patterns? A. Yes, from Abraham Riley, of Coventry—a portion of goods were shown to me, and I selected them—I have seen Hirt before in our warehouse, but never sold him anything, to my knowledge—I am not aware of having sold him a quantity of orange ribbon in August—I think I have seen him there more than once.
MR. CLARKSON. Q. Were any ribbons produced by the police, which you recognised? A. Yes—they were coloured satin—I do not remember the quantity—it was nearly the whole of those lost.
Prisoner Robinson. Q. Can you swear the same patterns of ribbons are not in other bouses at Coventry? A. I never saw any in any other house—I go to all the houses in Coventry almost every week, to see their stock.
WILLIAM WALLER . I am a linen-draper, and live at No. 4, Bridge-street, Southwark. On the 8th of Nov. I went to the warehouse of Mosenden, a general dealer, in the Minories, to make a purchase—among other things, he produced to me twenty half-pieces of black ribbon—in consequence of what he said to me, they were sent home to me, with other goods—they were the same as he had showed me—in consequence of directions I received from him, after keeping them a day or two, I took them to Mr. Leaf's, and produced them to White—I offered them to be dressed, or for sale—the sale was effected—an explanation then took place—a price was agreed on, and he kept the ribbons, but did not pay me for them.
Cross-examined. Q. What were the ribbons charged to you? A. Mosenden charged me 11s. 6d. the piece—Hirt's face is familiar to me, but I do not know where I have seen him—I do not know him in the fur trade.
HENRY NATHAN . I live in Camomile-street, and am a merchant, entirely in drapery and haberdashery goods, not in the general line. I have known Hirt seven or eight years, as a commission man—he once kept a warehouse in Gutter-lane—he frequently came with samples of goods, and also has taken samples from my place—he produced a quantity of black and coloured ribbons to me three or four months ago—part of the black was undressed—I have since seen ribbons in possession of the police, which correspond in appearance with those produced by Hirt—they are precisely the same—he asked me if I would buy them—I said, "No, they don't suit me"—he then said, If u you do not think proper to buy them of me, I will introduce you to my principal"—I said, "They won't suit me"—he said again, "Are you frightened to buy them? if so, I will introduce you to the principal, to whom they belong"—before he made that observation, I said to him, "Hirt, you are getting on in trade; I never saw you with a parcel of goods before"—he said, "They don't belong to me,"and asked, if they did not suit me, would I recommend him to a customer—I said, "You know the ribbon trade as well as I do"—he mentioned several names, asking if they would suit so and so, and, among them, Mosenden—I said, very likely they would, as I had seen Mr. Mosenden that morning, and sold him a similar lot of goods—he then left, as I supposed, to go there—he had left the ribbons in my passage for a quarter of an hour or so before I saw them, and said be would go and get a sample of bandanas,
which sample he brought—it was two pieces—he asked if they would suit me—I said no, they were too common—he took away the ribbons and bandanas.
Cross-examined. Q. During all the time you have known him has he borne a good character? A. I always knew him to be a poor man, and never knew anything against his character—he has repeatedly brought samples of ribbon to me—they were very common spun bandanas—I made the observation about never seeing him with such a stock before, after he said I need not be afraid.
BENJAMIN JOSEPH MOSENDEN . I am a warehouseman, and carry on business at No. 7, Minories. On the 17th Oct. Hirt came there and brought a parcel containing ribbons—he said he had got a quantity of ribbons for sale—I asked how he came to me, being a total stranger—he said he had shown the ribbons to Mr. Nathan, who they would not suit, and be told him they might suit me perhaps—I said I was busy and could not look at them then, if he would call in an hour I would see if I could purchase them, and he left them, he came in about an hour, and I purchased the lot at 25l.;—it consisted of forty-nine pieces and a half—I agreed to give him 10s. a piece—some were worth 8s., some 12s., and some 13s. or 14s. a-piece.
Q. Are the whole worth as much as 50l.;? A. Nothing of the kind, I speak of their fair value to sell in a warehouse—I received an invoice of them which I produce—I gave him a 20l.; and a 5l.; note—my father wrote the numbers of the notes on the back of the invoice at the time I gave him the notes—the 5l.; note was 49049, dated 12th August, 1843—I sold a portion of the ribbons to a customer, and gave a portion of them to Mr. Waller—I offered them to him for sale at 11s. 6d. a piece, the undressed satin—he would not buy them, he did not think them cheap—I asked if he would get them dressed for me in the City, they were not fit for use—he said he would, and asked me to give him a price with them—I said 11s. 6d.—they were sent on sale, or to get dressed—it was a portion of what I had bought of Hirt—the other portion I had in my warehouse, and afterwards delivered them to the police inspector, Sparey, sealed up.
Cross-examined. Q. I find the prisoner's address is on the back of the invoice "Geo. Hirt, 7, James-street, Hackney-road?" A. Yes—my father entered the number of the notes on the back of it in the counting-house—I took it out and gave Hirt the money—I do not think he knew I had taken the numbers—the goods were left on the counting-house desk for about an hour when he went away—25l.; is a fair price for the goods—I never saw Hirt before.
JOHN KEMPSTER . I am a clerk in the Bank of England. I produce a 20l.; note and a 5l.; note, No. 49049, dated 12th August, 1843—the 5l.; note was paid into the bank by Hankeys on the 24th October—I gave sovereigns for the 20l.; note on the 17th October.
Cross-examined. Q. How long have you known him? A. Two years—I always considered him a very respectable man.
COURT. Q. Where does he live? A. He lived for about twelve months about one hundred and fifty yards from me at Haggerston, but for eleven weeks before the 20th Nov., (when he was missing,) he lived at 7, James-street.
10th November I went to Mr. Mosenden's warehouse—and on the 16th November I received from him twenty-eight rolls of ribbon (a portion of the ribbons were given to me at the time of the robbery to farther my inquiry)—on the 8th January Hirt was brought to the station by Tyrrell—I asked if his name was George Hirt—he said it was—I said I had a warrant against him——he was about to say something, but I said he had better reserve what he had to say for the Magistrate.
Cross-examine. Q. Did not you find a great many invoices on him? A. I did.
ROBERT TYRRELL . I am a constable, and act at the General Post-office. I know Hirt—I took him into custody on the 8th of Jan.—I met him in Hoxton, and told him I heard he was wanted respecting some ribbons, he must come with me to the station—he said it was a bad job, that he was only an agent, and all he got was 24s.—I said why did he not come forward—he said he had been in the country, and intended to come forward.
Cross-examined. Q. How long have you known him? A. I have known him in the fur line perhaps twelve months or two years—I never knew any thing against his being a decent and honest man—he said he had been selling goods in the country for a gentleman named Lazarus, of Little Britain.
ROBERT TAYLOR (City police-constable.) On Saturday, the 13th of Jan., I received twenty rolls of black ribbon, which make ten pieces, from James Pearse, who is in the employ of Mr. Leaf—on the 5th of Dec. I took the prisoner Robinson into custody, and asked if he knew a man named Hirt—he said he did very well—I said, "Are you aware that Hirt has been selling some ribbons which have been stolen from Messrs. Leaf, of Wood-street?"—I said, "I am informed you are the man who took the ribbons to Hirt to sell"—he immediately answered, "I know nothing of the ribbons, no further than a man named Davis brought some ribbons and silks and asked me if I could sell them for him; I recommended him to Hirt"—I asked if he would give me a description of Davis—he said he represented himself as living in Church-street, Coventry, and that he believed he was now stopping at Stamford-hill.
Cross-examined. Q. Have not you sometimes sold Hirt goods? A. I believe we have—I do not know about ribbons—I know he has dealt at our place.
Cross-examined. Q. What sort of bandanas were they that were stolen? A. I know nothing of them.
ROBERT TROTTER HARDY . I am the buyer of bandana handkerchiefs for Mr. Leaf. When I left the premises on the 10th of Oct. they were perfectly safe—I came again at nine o'clock in the morning, and missed some instantly—they were printed, and some China—none of them were common spun—I missed altogether from twelve to twenty printed ones, and six or twelve pieces of China—the value was a little above 20l.;—I have since seen six pieces of printed bandana in possession of John Walls—I believe them to be part of what were stolen on the night in question—I have seen another piece in possession of Peto—they were printed, and two others in possession of Cotton—they are all printed—I believe all I have seen to be part of the stock lost that night.
JOHN WALLS . I am assistant to Mr. Wood, pawnbroker, Ashby-street, Clerkenwell. I produce six pieces of bandana handkerchiefs pawned on the 11th of Oct. by the prisoner Robinson for two guineas—I have the counter duplicate here—I asked him who he brought them for—he said he brought them for Mr. John Davis—I asked if he knew them to be his own—he said yes—I asked if he was a linen-draper—he said he was not exactly a linen-draper—I said, "What, does he keep a tally shop?" (which is a place where people pay for goods weekly) he said, "Yes he does"—I asked if there was any thing wrong in his affairs, if there was any fear of his becoming a bankrupt—he said, "The fact is, he is on the eve of bankruptcy, but they will all be redeemed again"—I heard of this robbery afterwards, and on the 31st of Dec. I accidentally met Robinson at Bow—I asked if his name wai not Jones (he had pledged them in the name of Jones, Tabernacle-row)—he said, "No, sir, my name is not Jones"—I said, "Indeed"—he said, "No it is not"—I said, "You live in Tabernacle-row, do you not?"—he said, "No"—I said, "Where do you live?"—he said, "I live at Hoxton"—I said, "Where have you been to?"—he said, "I am going to Stratford"—I told him he was going the wrong way for Stratford, that I was going there, hot he was coming from it—he said, "Then I will turn back and go with you"—I said, "No you will not, we will go ahead now; you know me, I suppose, don't you?"—he said, "No, sir, I do not"—I said, "You surely must know me, at Mr. Wood's, at the corner of Ashby-street, St. John-street-road?"—he said, "No, sir, I do not"—I walked on with him some distance till I met u officer—I told him this man was wanted—he took him, and we came to London.
JOHN WILLIAM PETO . I am shopman to Mr. Brown, pawnbroker, Ryder's-court, Leicester-square. I produce a piece of printed bandana hand-kerchiefs, which I took in pawn on the 14th of Oct., for 10s., from the prisoner Robinson, in the name of Thomas Williams, Bunhill-row—I have the counterpart of the duplicate.
CHARLES JEANS . I am in the service of Mr. Hawes, pawnbroker, Kingsland-road. I produce two pieces of printed bandanas, one pawned on the 14th of Oct., for 10s., in the name of John Johnson, Wellington-street; the other on the 16th of Oct., for 7s., in the name of James Grant, Wellington-street—I cannot be positive, but believe it was Robinson pawned them.
FRANCIS COTTON . I am a pawnbroker, and have one shop at No. 28, Hackney-road, and another at No. 90, Shoreditch. I produce two pieces of printed bandana handkerchiefs, pawned on the 16th of Oct., in the Hackney-road, for 8s., in the name of John Brown, No. 20, Wellington-street—I have no knowledge of the person—here is the counter duplicate—I gave a corresponding ticket to the person pawning it—another piece was pawned at the shop in Shoreditcb, on the 2nd of Nov., which I produce—I have the counter duplicate of that—I was not present when it was pawned—the young man who took it has left.
THOMAS MAYNARD . I am assistant to Mr. Edwards, pawnbroker, No. 162, High-street, Hoxton. I took a piece of printed bandana handkerchiefs in pawn on the 14th of Oct., in the name of James Brown, No. 7, Flemmiing-street, for 7s.—I believe it to be the prisoner Robinson—I gave him a copy of the duplicate now produced.
ANN SWIFT . I am a widow, and live at No. 12, Lloyd's-row, Clerkenwell, On the 17th of August the prisoner Davis took a room at my house, in the name of Blythe—while he was bargaining for the room, I saw the prisoner Robinson walking up and down—I am sure he is the man—he was ontside the door—Davis took a furnished bed-room, and took possession of it the next day, and Robinson brought two boxes, and told me they were for Blthe—I
assisted him in taking them into Davis's room—they both came together the same night, and remained that night in the same room—Davis continued there till about the 16th of Nov.—Robinson was generally there, and slept with him mostly—they used to go out together—they did not come home regularly—Blythe was in the habit of staying out all night at times—when that happened Robinson went out with him, and neither of them returned—I cannot recollect whether that happened much in Oct. or not—I saw Davis come home one morning without his hat, I cannot say when—I cannot say whether they had gone out together the night before that morning—he brought a carpet-bag home with him that morning—I cannot say bow long that was before he left the lodging—after he left the lodging, Robinson came and fetched things away two or three times—he said he came for shirts once—I did not go into the room with him—Pearse, the police-inspector, came to my bouse about the 22nd of Dec.—I showed him the room Davis had been lodging in—I pointed out to him the boxes, and saw him take possession of the carpet-bag—I cannot say whether it was the one Davis had brought home one morning, because he had three at different times—I know it was one he had brought there—Pearse came again the next day, and broke one of the boxes open—the other was open—he took some duplicates out—while they were lodging in the house, I saw two pieces of ribbon once in a chest of drawers in Davis's bed-room—one was all black, the other a black ground with colours, but I cannot speak to them.
EMMA SAINDERS . I am servant to Mr. Young, who keeps a coffee-house, at No. 209, Shoreditch. The prisoner Hirt lodged there at one time—he sometimes slept there a night or two, and sometimes three or four nights—then he would go away, and not come again for a fortnight—the last time he lodged there about five nights, ending on the Saturday night before he was taken—he had been absent. I think, about three weeks before those five nights.
CLARENDON HYDE PEACH . I five in James-street, Hackney-road. The prisoner Hirt rented a house of me from the 23rd September till the 9th December—I did not see him for the last five weeks of that time, but his wife remained there that time.
MARY STAPLETON . I keep a lodging-house, No. 10, Wellington-Street, Kingsland-road. On the Thursday after last Shrove Tuesday, Mrs. Robinson, who took our lodging, came there—I saw the prisoner Robinson the same evening—he stopped at my house till the Monday night that he was liberated from the Compter—he was sometimes out at night, and for three or four days together—I knew Davis by the name of James—he was in the habit of coming to see Robinson often—sometimes not for a week, a fortnight, or month, but sometimes frequently.
NICHOLAS PEARSE (police-inspector.) On the 22nd December, in consequence of information I went to Mrs. Swift's house—she showed me a room and pointed out two boxes and a carpet bag—I took the bag to the station in Bunhill-row—the officer on duly produced a key in Hirt's presence—I unlocked the carpet-bag with it and found another carpet-bag in it which was unlocked, and in it was twenty-two skeleton and other keys, a centrebit, and an instrument belonging to it which is used at times to break into houses—I went there again the next day and broke open a box—I found in it a duplicate belonging to Wood's shop in Ashby-street, two of Hawes, two of Cotton's, and one of Edward—I have compared them with the duplicates produced by the policeman.
FRANCIS COTTON re-examined. These two duplicates are mine, one is the one I gave the person who pawned the goods with me on the 16th October, the one of the 14th is not here, this is dated 2nd November.
WILLIAM WHITE re-examined. I have examined the different ribbons produced, they form almost the whole of the ribbons lost on the night in question—these are undressed black ribbons, the identical patterns we missed—we paid 27s. a piece for the black ribbons—the narrow coloured ones 12s. 6d.—the other widths 16s. and 24s.—the greater portion of them are the wide ones at 24s.
DAVIS' Defence. I bought them.
JOHN MARTEN . I am a constable in the employ of Ward and Co., Wood-street, warehousemen—I produce a certificate of the conviction of Robinson, which I got from Mr. Clark's office—(read)—I was present at the trial—he is the man.
(Samuel Lazarus, a fur manufacturer, gave Hirt a good character.)
DAVIS— GUILTY . Aged 22.
ROBINSON— GUILTY . Aged 40.
Transported for Life.
HIRT— GUILTY . Aged 47. Transported for Ten Years.
First Jury before Mr. Common Sergeant.
542. GEORGE HURCAM and JAMES REEVES were indicted for stealing 412lbs. weight of coffee, value 19l.;, the goods of Henry Cone.—2nd COUNT, stating it to be the goods of Catherine Fincham and others.—3rd COUNT, stating it to be the goods of the St. Katharine Dock Company; and that Reeves had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
JOHN MAJOR . I am clerk to Catherine Fincham and others, tea-dealers, Martin's-lane, Cannon-street. On Saturday the 13th January, they were in possession of this warrant for the delivery of three bags of coffee which was at St. Katherine Dock, imported by a vessel called the Symmetry—the number on it is 11, and the date 3rd January, 1844—I sent it out by Hutchin, one of our porters—Cone was usually employed to draw goods from the docks for us—I never saw that warrant again till I saw it before the Magistrate—the three bags of coffee never arrived at Messrs. Fincham's—the prisoner Hurcam brought one bale of coffee from the London Docks to us on the 13th—the warrant for that was delivered to Hutchin at the same time as the other—I heard Hurcam say that he could not get the three bags of coffee—he did not say why.
Hurcam. I said to the warehouseman I was too late, and that was the reason I could not get them. Witness. You might have said so, I do not recollect it.
HENRY CONE . I am a town-carman. I am in the habit of drawing goods from the Docks for Fincham and Co. On Saturday, the 13th of Jan., I received this warrant from Hutchin's—my carts were all engaged at that time—I sent to the prisoner Hurcam's brother William, and his cart was brought to ray house by the prisoner Hurcam, about two o'clock—I delivered him the warrant, and gave him directions to go to St. Katharine's Docks for the three bags of coffee, and bring them to Messrs. Fincham—I also gave him a warrant for another bale of goods from the London Docks, at the same time, to be delivered at the same place—I saw him again on the Monday, about twelve
o'clock on the stand on Dowgate-hill, with his cart, not going to the St. Katharine's Docks—there had been some inquiries made of me by Messrs. Fincham, about their coffee—I told Hurcam there had been great inquiries about that coffee, that it had not come to hand—he said he had not received it—I went to his brother, and made inquiries of him—I received another message from Messrs. Fincham and Co., in consequence of which I went again to the prisoner Hurcam, and found him in the Three Crowns, Dowgate-hill—I inquired again respecting the coffees, where they were, and what really were delivered—he said he had delivered the order back to Messrs. Fincham—I said, "If you had not got the coffee, you ought to have delivered the warrant back to me"—I then went back to Messrs. Fincham to inquire for the warrant—I did not find the warrant or goods there—next morning I went to St. Katharine's Docks—in consequence of what I heard there, I procured a constable, and gave Hurcam into custody—he said he knew nothing about the coffee, that it was taken away by some one—I afterwards gave directions to have Reeves taken.
Hurcam. I told him I had left the order at the Dock.
Reeves. Q. What grounds had you to give me in charge? A. From information I had at the Docks; and I saw you come out of the public-house where Hurcam was, and run across the road in the direction of St. Katharine's Docks—I did not see you together.
WILLIAM MATTHEWS . I am clerk of the office of the D warehouse, St. Katharine's Docks. On Saturday, the 13th of Jan., I received this warrant from the Long-room—it was lodged there by the person who came to obtain the goods, and was passed by the ledger-clerks, and sent by one of the messengers to the office the goods lay at—tbe ledger-clerks give the party who lodges the warrant a red note—the warrant is compared with the goods in the warehouse, and if they are found to be all right, they are delivered to the person producing the red note, or to the cart the order is endorsed for—the red note is to identify the cart—the warrant is brought to me, I endorse it with the party's name on receiving the red note, and deliver the goods to the name and description of the vehicle endorsed on the warrant—I send it to the warehouse, and the person there delivers it—I received this warrant about twenty minutes past three on Saturday the 13th of Jan.—about half an hour after that the prisoner Hurcam brought me this red note—it is marked, "Hurcam's cart"—that denotes that it was to be delivered to Hurcam's cart—I told him it was too late that evening—he told me to send the warrant into the warehouse to try what I could do to deliver them—I did not send it—the goods were not delivered on the Saturday—I kept the warrant and red note till the following Monday morning—about nine, or soon after, on Monday morning, somebody came to the office where I was, to apply for three bags of coffee—I did not notice who it was—I did not pay attention enough to the person to speak to him—I sent the warrant to the delivery foreman to deliver the goods—I signed the pass about ten, to allow the goods to go out by Hurcam's cart.
Hurcam. Q. Why did you not send the warrant up on Saturday; you knew I was waiting for the goods at the back of the warehouse? A. I should, had there been a delivery foreman there at the time.
COURT. Q. Do you know whether the person who came for the warrant on the Monday was the person who delivered it on the Saturday? A. No—to the best of my recollection it was not—I believe it was not.
RICH. PAVIT I am messenger at St. Katharine's Docks. On Monday, the 15th, I was acting as warehouse clerk at the office of the D warehouse—about half-past ten o'clock that morning Reeves came to the office, and applied for
Hurcam's pass for three bags of coffee—I looked for it, and in about a quarter of an hour I found it in another book—I got it signed by Matthews—I then delivered it to Reeves—this is it—(The pass was dated 15th Jan., for Hurcam's cart to pass with three bags of coffee, No. 11, from the Symmetry.)
Reeves. Q. Where was I when I gave you that pass? A. By the window—I am certain you are the person I gave it to—Black was the foreman that delivered the goods—the person obtaining the pass would have to deliver the pass to the gate-keeper.
JOHN HANSON BLACK . I am assistant foreman of the warehouse D, St. Katharine's Docks. On Monday morning, the 15th of Jan., about ten minutes to ten o'clock, I received this warrant from one of the messengers—I told Holmes, the labourer, to open the door and call out for Hurcam's cart, and see who it was for—he did so—the coffees were weighed in the ware-house, and the gross weights were lcwt. lqr. 8lb., lcwt. 11lbs., and 1cwt. 1qr. 1lb.—I then filled up the pass, and sent it into the office with this warrant.
WILLIAM HOLMES . I am a labourer at St. Katharine's Docks. On Monday, the 15th, at a little past ten o'clock, I was at the D warehouse—by the direction of Black I opened the loop-hole and called out for Hurcam's cart—Reeves answered, "Here I am"—I asked him what it was in for—he said, "Three bags of coffee"—he had a horse and cart with the name of Hurcam on it—I also saw Hurcam—both prisoners were together, and in conversation—the bags were weighed, and delivered to Reeves—he left Hurcam, and got into the cart—Mr. Black gave me this pass to take to the office—I did so.
Hurcam. Q. How do you know it was me talking to Reeves? A. I saw you as plainly as I see you now—I was at the loop-hole on the fourth floor—you had a jacket with sleeves, similar to what you have now, and a white apron—I did not see what coloured horse it was—when I took the pass to the office I wanted to go aside for a necessary purpose—I went close to where Reeves stood with the cart, and noticed the name on it; and for this reason, the men are generally in a hurry to get out, and I thought you were not.
Hurcam. If we had stolen it, I should think we should have been in a hurry to get away; he had no business down there; there is a nearer place under the quay; this was 200 yards out of his way; he is not regularly employed at the Docks, and he is doing this to get a regular place. Witness. It was the nearest place to go to.
GEO. EDWARD LAUNDY . I am deputy warehouse-keeper at warehouse D. On Monday, the 15th Jan., about half-past nine o'clock, I passed near the gate where Holdway was on duty, and heard him in conversation with the prisoner Hurcam about some coffee—he said, "There is the warehouse-keeper, you had better speak to him"—he came up to me, and said he came for three bags of coffee which was too late to be delivered on the Saturday night—I said I thought it must be delivered—he said no—I told him to go with me to the office, and I would make inquiry—I went, found the goods were not delivered, and directed the warrants to be sent to the warehouse for delivery of the goods—I told him they were in course of delivery and went away.
Hurcam. You said they had been delivered; I asked who to; you said you did not know—I said, "Would you know the man?" and you said, "I should not like to swear to him." Witness. I never had any such conversation—you applied to me first on the Monday, and again on the Tuesday—I then told you they were delivered—I left you in the Long-room, and on my return you were gone.
MR. CLARKSON. Q. Are you sure he is the man who at half-past nine asked you about the goods? A. I have no doubt of it—(The warrant was dated 3rd Jan., 1844, for three bags of coffee, imported in the Symmetry, deliverable to Messrs. Fincham, weighing 1cwt. 1qr. 8lbs. 1cwt. 11lbs, and 1cwt. 1qr. 1lb. The red note stated that three bags of coffee from the Symmetry had been applied for, and was endorsed "Hurcam's cart ")
JOSEPH HOLDWAY . I am constable and gate-keeper of St. Katharine's Docks. On Monday, the 15th of Jan., about half-past nine o'clock, I saw the prisoner Hurcam at the docks—I saw his horse and cart, but did not take notice of the colour of the horse.
Hurcam. Q. Was it a little or a large cart? A. It was a lightish town cart.
Hurcam's Defence. I have witnesses to prove where I was at work from nine o'clock in the morning till half-past eleven on the Monday morning when the coffees were missed.
WILLIAM HURCAM . I am the prisoner Hurcam's brother. On Saturday evening I had two carts ordered for nine o'clock on Monday morning, at Messrs. Green and Son, stationers, No. 83, Queen-street—I do their carting—I sent the prisoner there at nine on the Monday morning—I did not go with him, but at ten minutes past nine I saw him there, standing at the tail of his cart, loading; and at half-past nine I saw him there; and again at ten minutes or a quarter to ten, I cannot say to a few minutes—after ten I saw him crossing Moorgate-street with his cart loaded, as I had occasion to go to St. John's-gate for orders—he was driving.
MR. CLARKSON. Q. Are you the man whose cart was called for by Cove, because his own were engaged on Saturday? A. Yes—I have known Reeves a year or two perhaps—I am not in the habit of employing him—he has worked for me, not within the last three or four weeks, not regularly, but occasionally, if I could not get anybody else—I have "William Hurcam" on my carts—I was before the Magistrate when my brother was being examined on this case—I was once tried myself for stealing some beans, or something like that—I went about my business after the trial—I was not convicted that I know of—I was found guilty not exactly of stealing the beans, but of knowing the party that did steal them—they put me where I saw some. people better than myself, and some worse, in a country house where a good many gentlemen live, near Brixton—I was not put on the treadmill, they kept me in better quarters, because I was a better sort I suppose—I was in solitary confinement a little while.
RICHARD ROONEY . I live at Bethnal-green, and work at Messrs. Green and Son's, 83, Queen-street. On Monday, the 15th of Jan., the prisoner Hurcam brought a cart to our door at nine o'clock, and continued there till ten minutes past ten—I loaded the cart, and sent him with a load of paper to the City-road—he came there for that purpose.
MR. CLARKSON. Q. Was your master, Mr. Green, or any body in the house, at home at the time? A. Yes, Mr. Green, sen., was, and one of his clerks who made out the invoice—neither of them are here—this was on the 15th of Jan. to the best of my recollection—I should not like to swear it.
HURCAM— GUILTY . Aged 23.— Transported for Seven Years.
REEVES— GUILTY . Aged 30.— Transported for Ten Years.
JOHN CARTER , Tripeman, Homer-street, Marylebone. On the 13th of Jan., at eight o'clock in the morning, I went to Newgate-market—I left my gelding, cart, set of harness, whip, and horse-cloth safe in Newgate-street—I was absent about eighteen minutes—when I came back they were gone—I came out of the market three times—I have since seen them in the hands of the policeman.
Cross-examined by MR. PAYNE. Q. Were there other carts standing there as well as yours? A. There were wagons unloading—I left no one to take care of my cart—I returned the three times to look after it, and the third time it was gone.
CHARLES PAYNE (police-constable G 216.) About twenty minutes past six o'clock I was on duty in St. John-street, and saw the prisoner, who I knew before, passing through Smithfield-market with a horse and cart at a smart trot—he came to nearly a walk with it—I ran, caught hold of the horse's head, and asked whose horse and cart he had there—he said his own—I said, "I don't believe it is"—he said, "Well, if it is not mine, it is a friend of mine's"—I said, "Where is your friend?"—he said, "At the Bull's Head, Smithfield"—I said, "I will go as far and see"—I went, and the Bull's Head was closed—I said, "I am convinced now your friend is not here"—on the way to the station, he said that previous to being at the Bull's Head with a friend, he had been at the Dark-house, Newgate-market; whilst there he treated his friend to a glass of brandy-and-water, and while drinking it the cart drove away—I showed the cart, horse, and harness to the prosecutor—he immediately identified it.
Cross-examined. Q. He told you a lot more about the Pavilion theatre, did he not? A. Yes—I do not know that he was amusing himself at my expense.
JURY. Q. Was he tipsy? A. No, he pretended to be so on the way to the station, but he was not.
GUILTY . Aged 28.— Transported for Ten Years.
GUILTY . Aged 20.— Transported for Seven Years.
The prosecutor stated his loss to amount to 210l.;
CHARLES DIXON . I am groom to Henry James Cook, of High-street, Islington. About half-past seven o'clock, on the 16th of Jan., I had the articles stated all safe in the stable—I locked the stable-door—next morning I went to the stable, and missed them—the tiles were taken from the roof, and a hole made large enough for a man to get in—these things produced are all my master's.
FREDERICK GREEN , of Brewer-street, Clerkenwell. On the 16th of Jan. I was returning home from Hornsey, and between six and seven o'clock met the prisoner and two others at the corner of Sermon-lane, Liverpool-road—I had known Butters six or seven years—he said to me, "Do you want to buy any harness?"—I said, "Not at present"—he said, "Do you know any body that does?"—I said no, but if I heard of any body that did I would tell him—I am a harness and coachmaker—he asked me the value of it—he did not produce it—I told him to describe it—he described it as a martingale,
saddle, two whips, and an umbrella—I told him I thought it was worth about 50s., but if he would let me see it, I could tell him better—he said he had not got it then, but if I went up to the Belvidere in half an hour, I could see it—I went there about nine o'clock, and these are the articles he brought—I showed them to the prosecutor.
Prisoner. Q. Was I by myself when the harness was brought to the Belvidere? A. No, two others—one had the whip.
CHARLES WRIGHT (policeman.) I went to the Belvidere a few minutes before nine o'clock, and there saw this harness—I saw the prisoner carry it in, followed him in, and asked whose it was—he said not his—I said, "You brought them in; I am not satisfied, you must go with me"—he said, "Well, I will go with you, they don't belong to me."
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Six Months.
EDMUND WILLIAM HILL. I am a farmer, and live at South Mimms. On the 11th of Jan. I had a haycloth on the tail ladder of my cart as I was returning home—I saw it safe on this side of the Torrington Arms, at Finchley—I missed it—it has been shown me by Loader.
JOHN LOADER . I am shopman to Mr. Waller, of Goswell-street. On the 13th of Jan. the prisoner offered this hay-cloth in pledge, with the name of "Hill, farmer," stamped on it—we questioned him particularly—he said he was in the employ of Mr. Hill, he had been to market with a load of hay, that he met with an accident, broke his cart, and could not get home without pledging this to defray the expenses to repair it—he brought a second person to confirm his statement, and we advanced him 15s.—while standing at the door on the following Thursday the name of Hill on a cart struck me—I stopped Mr. Hill, and he claimed the cloth—next morning the prisoner passed the door, and I gave him into custody.
Prisoner. I stopped and asked if the owner had been to own the cloth—I pawned it for safety.
MR. HILL re-examined. The prisoner was not in my employ—I never saw him till he was at the police court—the maker's name is also on the cloth.
Pritoner's Defence. I found it in the road coming from Barnet on the Thursday; my shoulder was put out, I could not carry it, and sent it on to Islington-gate by Wilson's omnibus, for the owner to have it if he came for it; I left it there till Saturday; I met a man, who was a stranger to me; he said if he was me he would pawn it, and said I must tell them I had met with an accident with the cart, or they would not take it in.
GUILTY. Aged 28.—Recommended to mercy.— Confined One Month.
JAMES GLOVER . I am foreman to William Austen, who is building Eastbourn-terrace, Paddington. He finds the lead and other materials—they are his houses—on the morning of the 25th of Jan. I observed one of the houses had been stripped of the lead gutters, which were fixed to the house—I had seen it safe three weeks before—a portion was left—the constable showed me some lead, which I compared with what remained, and it fitted in every respect.
Cross-examined by MR. PAYNE. Q. How was it cut? A. In different directions—one piece was cut in a kind of circle, and that corresponds—one piece matches in exactly.
GEORGE HIMBURY (police-constable D 102.) On the 25th of Jan., about six o'clock in the evening, I was at the back of Eastbourn-terrace, and heard something in the building—I stood for a minute or two, and heard something very heavy fall a few yards from me like lead—I got down on the ground that was dug out, went by the ladder, and saw the prisoner coming out of the second floor window on the ladder—I stood back against the doorway—he came down, looked round, stopped and picked up something very heavy and dark, put it on his shoulder or head, and walked past me round the building—I was close after him, within a yard or two—he got out into the road—I followed close behind him, and was going to take him by the collar—he heard me kick against a stone or brick, turned round, dropped the lead, and ran—I picked it up.
Cross-examined. Q. Did he get away after it was dropped? A. He fell down, and I took him into custody immediately—the lead was found two or three yards from where he fell.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Four Months.
HENRY RUSSELL , cabinet-maker, Curtain-road, Shoreditch. The prisoner was my journeyman—on Monday evening, the 22nd of Jan., I was entering the gate of my yard, and said to the prisoner, "Mr. Goslett, are the men all gone?"—he said, "Yes, except the two apprentices Joe and Jim "—in a minute he went to a dark corner, and let two large pieces of wood fall—I said, "What have you got there?"—he said, "Only two old pieces of slab, which I was going to take to old Mrs. Clark"—I said I must see what they were—I knocked at the door—my daughter brought out a light, and called the apprentice to go for a policeman—the prisoner ran away—I ran after him, and caught him—he dropped two pieces, which were picked up by a little boy—I brought him back, and gave him in charge—these nine pieces and this green baize are mine—he had them under his arm.
Prisoner. Q. What mark have you? A. I can swear to this piece—I bought it at Liverpool for very fine, and it turned out to have a stain in it—he was using this wood in a job—he was a confidential man.
Prisoner's Defence. I am in the habit of doing little jobs for myself, and taking a little baize to work on.
GUILTY . Aged 44.— Confined Six Months.
549. ELEANOR THOMPSON was indicted for stealing 1 sheet, value 3s., the goods of Ann Taylor; 1 petticoat, 1s. 6d., the goods of Ellen Taylor; 2 shifts, 3s.; and 3lbs. weight of bacon, 1s. 6d., the goods of Susanna Mary Carr: and MARY PONSONBY for feloniously receiving the same, knowing them to have been stolen; and that Thompson had been before convicted of felony.
ELLEN TAYLOR . I live in East-street, Marylebone. My mother, Ann Taylor, is a widow. On Friday, the 29th of Jan., about half-past twelve o'clock in the day, I put on the landing of our lodging a sheet of my mother's, and a flannel petticoat of mine—I missed them between four and five—Mrs. Aggs gave me information—I went out and overtook both the prisoners in High-street—the sheet was found on Ponsonby, and the petticoat at her house—they are mine and my mother's.
SUSANNA MARY CARR . I am single, and lodge in this honse in East-street. On the 29th, between three and four o'clock in the afternoon, I hung two shifts on the landing—I missed them the same day—I found them on the foot of the bed in the prisoner Ponsonby's house.
ANN AGGS . I am the wife of John Aggs, and live on the second floor of this house. About half-past three or four o'clock this afternoon I was coming down stairs, and met the prisoner Thompson—I asked who she wanted—she said she was going to the top of the house—I begged her pardon for stopping her, and passed on—when I returned, I asked them if they had seen such a person, and they missed the property.
STEPHEN PURDRIAN (policeman.) In consequence of information I went to the Shepherd and Flock, High-street, Marylebone, and found both the prisoners—I requested them to come outside—they did so—I observed Ponsonby had something on her arm covered over with an apron—I asked what she had there, and took it from her—it was a sheet, which was immediately identified by Taylor as her mother's—I took both prisoners to the station—I asked Ponsonby whose property it was—she said she was going to wash ir, it was her daughter's—they are mother and daughter—I went to Ponsonby's house, and found these two shifts and a petticoat—I found this bacon on the following morning—I know Mr. Long's handwriting—I saw him sign this, and heard the prisoner make this statement—(read)—"Ponsonby says, I went home, and my daughter was there; she wanted me to pawn her cloak; I would not; she then gave me the articles to hold till she came out of the pawnbroker's; after that we went into the Shepherd and Flock; the policeman came and tapped me on the shoulder; I followed him out; she left the things in my room; it was dark at the time."
THOMPSON— GUILTY . Aged 35.— Transportedfor Seven Yeart.
PONSONBY— NOT GUILTY .
MICHAEL RYAN . I lodge in Walters-court, Islington. On Sunday night I came home about ten minutes to twelve o'clock, and went to bed—there is no lock to the front door, or to the room I and my wife slept in—there were two beds in the room—about two in the morning the other woman made a report that there was some person attempting to take the goods—I jumped out, heard some one go down stairs, followed her, and caught the prisoner at the door—I kept her in custody full ten minutes, and then she dropped the shawl—I sent for the police—it belonged to my wife—she had no business in the room—I never saw her before—this is the shawl—(produced.)
The certificate of the former conviction not being signed, was not received in evidence.
GUILTY of the larceny. Aged 25.— Confined One Year.
JOHN PHILLIPS . I am servant to John Skinner, a publican. On the 13th of Jan., at a quarter to six o'clock, I was coming from the back of the house without a light—I saw the prisoner in the kitchen with the candlesticks in his lap in a white apron—he was coming out of the door—I had locked the
kitchen door, and got the key in my pocket—he must have opened the door—there were no marks on it—I asked what he had there—he said, "Nothing"—I said, "You have got something belonging to me"—he said he had not—I directly went to lay hold of him—he pushed me backwards, rushed away, got out into the yard, and dropped the candlesticks—I ran after him and caught him about 100 yards off—there is a back-way out into a cab-yard—he pushed me down, and cut my forehead—I held him till I got assistance, and took him back to the house—the constable came and took him-these are Mr. Skinner's candlesticks—I am sure I locked the door—I found him in the room in about five minutes after.
Prisoner. I had to go to the public-house; a fellow-servant worked there; I was going to the skittle-ground; the candlesticks lay between the kitchen and closet doors. Witness. They were on the mantel-shelf in the afternoon, between three and four—I saw the prisoner about two feet inside the kitchen.
GUILTY . Aged 19.— Confined Three Months.
OLD COURT.—Friday, February 9th, 1844.
JOHN PASSINGHAM . I live in Claremont-square. The prisoner was in my service, and left on Friday, the 5th of Jan.—I had a snuff-box, which I saw safe some days before in the drawing-room, on the table or chimney-piece—this now produced is it—my wife is too ill to attend, and I cannot speak to the sheet or towels.
GUILTY . Aged 60.— Confined Six Months.
HENRY PARR , cheesemonger, St. John's-street-road. On Saturday, the 6th of Jan., at nine o'clock, I received information from Smith, and missed a cheese from just within the doorway—I ran out, and saw Mays running—I called, "Stop thief "—I stopped him—he had nothing with him—he asked what I was following him for—I said to give him into custody—he said if I did not let him go he would hit me, and called out to some persons by name to assist him—I gave him into custody, went back to my shop, and found my cheese had been brought back.
ELIZA SMITH , of Rawstorne-street, Clerkenwell. On Saturday morning, the 6th of Jan., I was going past the prosecutor's shop, and saw Lamb take the cheese from Mr. Parr's shop, and walk away with it—a person who was standing by, with a bag in his hand, received it, and both went round the corner, putting it into the bag—I cannot say who that person was—this is the bag he had—he was about four doors from the prosecutor's when Lamb took the cheese.
Lamb. Q. How can you swear to me? A. Because you turned round
and looked at me—I was a very short distance from you—I did not say at the office that I could only swear to you by the back of your jacket.
JAMES TOMKINS of St. John's-square, Clerkenwell. On Saturday, the 6th of Jan., about nine o'clock, I was in Ashby-street, and saw Mays and another boy running very swiftly—Mays had this sack, which I noticed particularly, having a green ribbon in it, and something bulky at the bottom—Mr. Parrturned round, and ran up Ashby-street—I ran with him, and in Northampton-square picked up this sack, with the cheese in it—I carried it back to Mr. Parr's shop—I am quite positive of Mays—I always was—this is my signature—(the witness's deposition being read, stated, "I saw Lamb and another boy, I believe the prisoner Mays")—I always swore positively to him—there was no one else running in the street.
Lamb. Q. Where did you see me? A. I did not say it was you—it was a boy your height, and I have no doubt it was you—you were running about three yards from Mays.
Lamb's Defence. I was not near St. John's-street; I was in Leadenhall-market, portering, at the time.
Mays's Defence. I was coming from the Angel, Islington, when the prosecutor tapped me on the shoulder and detained me for this.
LAMB— GUILTY . Aged 19.
MAYS— GUILTY . Aged 19.
Confined Three Months.
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 14.— Confined Six Months.
GUILTY . Aged 33,—Received a good character.—
Confined One Year.
MESSRS. ADOLPHUS and GURNBY conducted the Prosecution.
LEWIS STEPHEN LYNES . I am assistant to the Accountant-General to the Excise at' the office on Tower-hill. The papers respecting auction duty are deposited' there—they are sold off at intervals—none have been sold since 1829—those from 1829 to 1839 were deposited in a particular room, and labelled—I was in that room about fifteen months ago—they were then all in order—I have examined within the last few weeks, and missed more than a ton weight—I know nothing of John Wood, senior.
MICHAEL FITZGERALD . I am accountant of the Excise. I took an account of the auction papers—those up to January, 1830,. were sold, and those from 1829 to 1839 were deposited in this apartment, and labelled in order—there are upwards of a ton now missing.
Wellclose-square. On the 5th January the prisoner came to my shop and brought 42lbs. of paper, which I bought at 1 1/2 d. per lb.—I asked where he got them from—he said they were his own, he bought them of Mr.—(I cannot recollect the name) over the bridge, or over the water—I asked him to make me a bill of it—he said he could not write—I asked what his name was—he said John Smith—I asked where he lived—he said No. 16, Chambers-street, which I wrote on a piece of paper, and paid him 5s.—the policeman called about a fortnight after, and I gave him 34 1/2 lb. of the same paper—I had used the rest—a boy named Wood came with the prisoner—I went with Woodhouse to a house in Goodman's-yard—found the prisoner in bed there, and knew him directly—this is the paper.
THOMAS COXON . I am clerk to Bass and Co., who have an office in the Excise-office. I have seen the prisoner loitering about there at times for two or three hours, mostly in the evening—he has lighted our lamp at times.
JOHN WOOD , jun. I shall be twelve years old next Aug.—I have come from prison—I have seen the prisoner at the Export-office of the Excise on Tower-hill more than once—I never saw him take anything from there—I went with him to Mr. Tanner's—he took some paper and sold there—he asked three-halfpence farthing per pound—Tanner gave him three-halfpence—I do not know where the paper came from—he came to me with it at the pump on Tower-hill, where I was waiting for him—my father came with him on this occasion, but the prisoner carried the paper—my father waited outside Tanner's shop—I did not see him give my father the money.
NOT GUILTY .
The same evidence was given as in the former case; the witness Tanner added that when he went to the prisoner's residence he had told him that Wood had waited outside the shop to receive the money, but the witness had not seen him there.
WILLIAM PILE (policeman.) I was on duty near Mr. Nokes' house on the 9th January—I was called in, and found young Wood there—I afterwards went to the prisoner's house, and found him in bed, and took him to the station—he was asked in my presence where he got the paper—he said Wood had given it to him to sell, that he had received 12s. for some, that he had 4s. of it and Wood 8s.
Prisoner. I took paper to two shops besides Tanner's, he had the last of it—I came outside and gave Wood the money—he gave me 4s.
GUILTY . Aged 39.— Confined Six Months.
MR. PRENDERGAST conducted the Prosecution.
ALEXANDER DAVIS . I am a brush-maker, and live in the Strand. On the 28th December this paper was brought to me—the prisoner, to the best of my belief, is the person—I do not swear positively to him—it was a man dressed like him, and his height—I only received it out of his hand—I went into the counting-house and directed my man to enter the goods, and give them to the person waiting—(the order was for eighteen different brushes signed Henry Grey)—I think I might confidently swear to the prisoner, but I should not like.
CHARLES SCOTT . I am in Mr. Davis' service—he gave me the order—I looked out the goods and delivered them to the person waiting—it was a man similar to the prisoner—I have no belief on the subject—I do not believe he is the man—he is very much like him—I believe he is not the man—he is dressed differently now to what he was at the police court—he was dressed there like the man in the shop—I could not swear it was him at the police court.
Prisoner. Q. When did you see me write? A. Two or three times at a coffee-shop—I have seen you write several times—you once entered an order in Mr. Gray's book, and endeavoured to get the money for it.
HENRY GRAY . I have in Earl-street, Blackfriars. The prisoner was in my employ for a few months—he left a few months before the 28th of Dec.—this order is not my writing—I gave nobody authority to write it.
NOT GUILTY .
GEO. FOWLER COLEMAN . I live at Mr. Chequers's, Blackfriars-road. The prisoner brought this order to me on the 23rd of Dec.—I am sure he is the man—he asked if Mr. Chequers was at home—I said not—he said he would return again in a few minutes, which he did—Mr. Chequers was not in, and I did not let him have the goods—he went away, leaving the order with me—he did not ask for the goods—he produced the order, and said he would come in a few minutes, which he did, and I refused to deliver them—I had seen him before in Mr. Gray's service—(the order was for six brushes, three water brushes, and three spoke brushes; signed, for H. Gray, S. Unwin.)
Prisoner. Q. At what time did I bring the note? A. After eight o'clock on Saturday evening—I did not see anybody with you—the shop was closed, and you gave me the order at the door.
GUILTY . Aged 27.— Transported for Seven Years.
OLD COURT.—Saturday, February 10th, 1844.
MARGARET M'LAREN . I am the wife of Hugh M'Laren, and live in Catherine-street, Limehouse-fields. On the 26th of January, about one o'clock, I was in Portland-street, Commercial-road, standing in a crowd, looking at a show—I felt a hand in my pocket, turned round, and saw the prisoner—I asked if he had picked my pocket—he said, "No, I did not"—he passed something, I do not know what, to another boy, who passed through the crowd—I put my hand into my pocket, and missed 2s. 3d., which I had there
not two minutes before—I had half-a-crown besides, which had got between a book, and was not taken—I gave him into custody, and he said, "Well, if you think I have picked your pocket, go to my mother, and she will give it you"—I knew nothing of him or his mother.
GUILTY . Aged 14.— Confined Two Months, and Whipped.
BRISK WOOD . I am thirteen years old, and live in North-street, Lime-house-fields. On the 17th of Jan., between four and five o'clock in the afternoon, I was in a field opposite the Ben Jonson, at Stepney—there was a chaise standing at the door—I saw Williams take a coat out of it, and give it to a boy, who got away—Yarwood was close by at the time—they all three walked on together—I went and gave information.
Williams. Q. How did you see me take it? A. You took it out of the chaise, and put it under your arm—I did not know you before—I am quite sure it was you.
JOSEPH JACOBS . I am pot-boy at the Ben Jonson. Wood came and told me something, in consequence of which I went after the prisoners—I saw them walking on gently—they turned round, saw me coming, and ran—I ran after them—Williams jumped over a bank, and ran across the fields—Yarwood stopped for a minute, and then walked gently on—I caught him—I saw the other boy, with the coat under his arm, running towards the Cemetery—he got away—they were about 100 yards from the chaise when I first saw them—Williams was in the middle.
Williams. Q. Where did you see me with the coat? A. Just round the corner of the Ben Jonson.
Williams's Defence. Wood said he should not have said any thing, only the gentleman would give him 1d. or 2d.—when Jacobs came up, he said, "I saw you;" Wood said, "No, you did not;" Jacobs said, "If you say I did, I shall get some money as well as you;" Jacobs called Wood on one side, and said, "Say it was the big one that took it, we shall have to go to the office, and get something for it."
WILLIAMS— GUILTY . Aged 17.—Confined Two Months. YARWOOD— GUILTY. Aged 11.—Recommended to mercy.— Confined Fourteen Days.
walking along on the opposite side of the street with something very heavy under his arm, rolled up in a great-coat—I crossed to him, and he crossed to the other side—I crossed after him, and he went back again—I then stopped him, and asked what he had got—he said he should not tell me, he should go down White Lion-passage—I stopped him there, and asked him again—he said, "I shall not tell you"—I said, "I wish you to satisfy me; or I shall take you to the station-house"—I took the bundle from him, took him to the station, and found it contained this lead pipe—next morning I went with Mr. Bailey and his plumber to the building, and compared this lead with the sink—it fitted exactly, and also where some had been pulled down from the wall.
JAMES BAILEY , builder, Portland-place, Edgware-road. I am building some houses in the Harrow-road, Paddington—the materials were mine—I have missed a great quantity of lead from time to time—I saw this lead safe Iast Monday week—I went on the Saturday morning with Himbury to the house, and missed it—one piece had been fixed in the sink, and the other in the front kitchen, to supply a boiler—I compared this produced with those places, and they exactly fitted.
Cross-examined by MR. PAYNE. Q. Who are you building these houses for? A. Sir John Eyre, on his ground—the lead is mine—I was not to be paid for it unless it was fixed there, and in proper order, and if it was missing I had to replace it—all this lead was fixed.
COURT. Q. Were the materials all yours? A. Yes, brickwork and every thing—I have to leave the houses in a complete finished state—the buildings are not complete.
GUILTY . Aged 16.— Judgment Respited. Before Mr. Justice Coleridge
563. PATRICK CONNELL was indicted for feloniously assaulting William Henry White, and cutting and wounding him on his head, with intent to murder him.—2 other COUNTS, stating his intent to be to disable and do him some grievous bodily harm.
On the evidence of Mr. M'Murdo, the Jury found the prisoner not in a fit state of mind to take his trial.
Before Mr. Justice Cresswell.
564. JOHN MARABELLO was indicted for feloniously assaulting Joseph Lever, and with a certain loaded pistol shooting at him with intent to murder him.—2nd COUNT, stating his intent to be to maim.—3rd COUNT, to do him some grievous bodily harm.
MR. HOWRATH conducted the Prosecution.
JOSEPH LEVER . I am a baker, and live in Silver-st., Golden-sq. I was the owner of the house 41, Silver-street, some time ago. I sold that house to the prisoner—there was a trifling dispute between us about the fixtures—subsequent to that, on the 26th of Jan., I was passing No. 41—the door was open—I stopped, looked in, and saw the prisoner in the parlour—I said, "Old fellow, are you going to let us have the fixtures?"—he said, "What do you want?"—I repeated it—he rose from the chair, and advanced to the door where I was standing outside—he came within a yard of me, I should Say—he then drew a pistol from his pocket, and presented it at my head—seeing the pistol, I turned round, and made my escape into the next house, No. 40—I went direct through the passage to the yard at the back of the house—I went into the yard, and closed the door after me—when I was closing the door, I heard the report of fire-arms—I saw no more of the prisoner till I saw him at the station—I afterwards observed that something had gone through the door.
Cross-examined by MR. WILKINS. Q. How near were you to him when he presented the pistol at you? A. one yard—I then ran down a passage—the hole in the door was somewhere about twenty-four or twenty-five inches from the ground—I do not know that it was only eighteen inches—I have not measured it—I have known the prisoner some years—I did not know him when he was a courier—I do not know that he had been in the habit of carrying pistols in his pocket—I had formerly occupied the premises on which these fixtures were, and when I left, I left the fixtures there—I did not on the 17th of Jan. break open the shop-door with the assistance of two bricklayers, nor the bakehouse-door—I did not give instructions for that to be done—I know Mr. M'Evoy and James Boulger—I remember going to the premises, about 17th or 18th of Jan., with two bricklayers—I gave them orders to remove the iron-work of the oven, and they did so—that was some short time after I had left the premises—I think the final settlement was on the 13th—I never resided on the premises—I held the lease, and held possession till I disposed of them to the prisoner—I had finally arranged with him on the 13th or 14th—in taking out the oven a great portion of the tiles were removed—they formed the bottom of the oven.
Q. Did not you say after you had done that, that you would go up to the shop and serve that the same? A. I am not bound to say that I did—I am not certain whether I did or not—I might have said so in the hurry of the time—if I did, that formed part of the fixtures as well—I am not certain—it is possible I might—I afterwards sent the iron back—that was after the pistol was fired.
MR. HOWARTH. Q. Did you go for the purpose of removing what you considered your property? A. Yes.
COURT. Q. That was what you were disputing about? A. Yes—the bargain was that they were to be left there to remove at my convenience.
CHARLES JOSEPH REYNOLDS , Printseller, Denmark-street, St. Giles. On the 26th of Jan., near one o'clock in the afternoon, I was passing along Silver-street, and saw the prosecutor entering the passage, followed by the prisoner—seeing them running I was somewhat surprised—I followed, and the prisoner fired the pistol—the prosecutor had retreated towards the yard door, before that—he closed the door on him, and the pistol was discharged by the prisoner—I saw the pistol in his hand—I just laid my hand on him, and a policeman came in—I went to the yard door, and said, "The prisoner is in custody," and then followed to the station—the pistol was fired as the door was in the very act of closing—to the best of my belief the prisoner was about three yards from the door, two or three yards, I did not measure.
JOHN MILLER (police-constable C 14.) I was in Silver-street on the afternoon of the 26th of Jan.—I heard a report, as I supposed, of fire arms—I went to the spot from whence it came, and saw the passage full of smoke—the prisoner was pointed out to me as the party who discharged the pistol—I took him to the station, searched him, and found an unloaded pistol in his right hand coat pocket, and in his left hand coat pocket I found a loaded pistol—I drew the charge before the Magistrate—it was loaded with the powder and ball which I now produce.
Cross-examined. Q. Have you measured the height of the hole in the door? A. No—I cannot say whether it is about eighteen inches from the ground.
WILLIAM EASTWOOD (police-constable C 71.) I lodge at No. 40, Silver-street, the house in which the pistol was discharged. I was sitting in my own room, and heard the report of fire arms—I immediately ran down stairs, and saw the passage full of smoke—the prosecutor was in the yard—on
searching the yard I found this ball lying on the stones about two inches from the door, outside—I found a hole in the door, through which the ball had passed, in the bottom panel—I compared this ball with that hole, and it exactly corresponded.
Cross-examined. Q. It was about eighteen inches from the ground, was it not? A. About that—I did not measure—it was not in the middle of the panel, more to the edge on the latch side, nearly a foot and a half from the edge.
COURT. Q. Does the door extend all across the passage? A. Yes—I should say it is between three and four feet wide.
David Talbot, tailor; Ann Smith, No. 12, Tyler-street, Regent-street; John Howard, boot-maker, No. 31, Little Windmill-street; John Shipley, saddler and harness-maker; Thomas Reed, baker, No. 44, Old Compton-street, Soho; Zachariah Patterson, baker; and John Muckle, deposed to the prisoner's good character.
GUILTY on the 3rd Count. Aged 48.—Recommended to mercy.— Transported for Fifteen Years.
Before Mr. Justice Cresswell.
565. WILLIAM HANSFORD was indicted for feloniously assaulting Arthur Hansford, and cutting and wounding him on the head and face with intent to murder him.—2nd COUNT, stating his intent to be to disable him.—3rd COUNT, stating it to be to do him some grievous bodily harm.
MR. RYLAND conducted the Prosecution.
ALFRED HANSFORD . I live with my father and mother, in Munster-street—I have three brothers, one named Arthur, who is older than me. One Sunday morning, about eight o'clock, when Arthur was in bed, my brother Edwin and I wanted to take out two dogs which we have—one of them would not go out with him—the prisoner, who is my father, was in the room—he took a broom-stick to poke the dog out—it threatened to fly at him, and bit the broom—Arthur then kept the dog back, and said it should not go out, it was his dog—after breakfast my father was reading the paper—Arthur interrupted him and my father told him to be quiet—Arthur said he bad a right to talk, that was amusing himself with reading the paper, and he was amusing himself he with talking—my mother begged my brother to be quiet, and then my father took up the poker to him, and said he would make him be quiet—my brother then took up the tongs—my mother said, "For God's sake, put down unlawful things, there will be mischief done"—my father then put down the poker, and my brother put down the tongs—my father said he would not do a bit of work till that dog was got rid of—he then punched his fist on the table, and broke a piece off it—my mother then said to my father, "Well, you need nol to have broken my poor father's table"—my father then took up the piece of table and smashed it all up—there were two pots on the table—they fell off—my mother said, "Now you have broken my father's table, I will break your pots"—she kicked one, and broke it—Arthur broke the other pot, and said he—would do that much towards it—after my father broke the table, Arthur struck him with his fist, and knocked some of his teeth out—after that Arthur went out to buy a cap (the shops are open in Tottenham-court-road)—he came home again, and we were at dinner—my mother offered Arthur some dinner—he said, "No, I have had some"—my father said, "Don't give it him, eat it yourself"—soon after that Arthur went out again—he returned in about an hour and a half, and laid down on a chair to sleep, and slept till about six o'clock at night—we had then had our tea—my mother sent
me and Edwin to John-street, Golden-square—we were gone about an hour and a half altogether, and took Arthur's dog with us—when we came home we did not go up stairs directly—as we were going up the stairs, I heard a cry of "Oh!" and when I looked into the room I saw my father beating Arthur with the fire-shovel—he hit him on the face—Arthur was lying back in the chair at the time—he apparently had just awoke up—the dog had come into the room with us, and flew at my father—I and Edwin went down stairs, and fetched the policeman.
Cross-examined by MR. PRENDERGAST. Q. Your father put down the poker, and Arthur the tongs; did Arthur say anything about fighting? A. He said he would fight my father with his fist, and struck him once, he knocked two of his teeth out, and cut his lip—my father sat down, took up the paper, looked at it, and said we should hare plenty of time to read it to-morrow—Arthur went on talking nonsense, not bad language—he kept saying, "Wonders now never cease, since the art of man is so increased"—he said that and other things, in jeer, to my father while he was reading the paper—when I came home in the evening, I heard no noise on the stairs besides crying, "Oh"—the pillar and claw of the table my father had broken was in the corner of the room—the struggle was about the middle of the room—when I went in my brother was leaning back on the chair—this jeering and quarrelling between my father and Arthur had been going on from the morning—the dogs were not troublesome in the house.
THOMAS VICKERS (police-constable S 183.) On Sunday evening, the 14th of January, I was at the station near Munster-street—about half-past nine o'clock the witness and another came, and, in consequence of what they said, I went to No. 3, Munster-street, went up stairs, and found Arthur on the landing, bleeding from his head—I looked for the prisoner, and found him in the back kitchen down stairs, took him in charge, and told him he had ill—used the boy—he said, "I am the man that has done it"—he said nothing more then—as I was taking him to the station, he said, "He has aggravated me all day, and I mean to pay him for it"—at the station he said he was very sorry for what he had done.
Cross-examined. Q. Had he then heard the boy was very badly hurt? A. Not that I knew of—I had returned, and took the boy to the hospital—he knew he was gone there.
JOHN KING (police-constable S 321.) On Sunday night, the 14th of Jan., about half-past nine, I was on duty in Munster-street—I heard a cry of "Police," went to No. 3, and saw a man at the window, who called out,"For God's sake, come up stairs, I think there is murder being done in the house"—I went up, and met the prisoner on the stairs, standing on the landing—I passed him, went into the room, found the boy Arthur bleeding from a wound on the top of his head, and his nose was broken—he came towards me—I held him till a medical man came—Vickers came in afterwards—I afterwards saw the prisoner in custody, and heard him say he had been aggravated the whole day, it was enough to drive a man mad—I went with him to the station—it was said the boy was in a dangerous state—he said he was very sorry for what he had done.
JAMES HARROD (police-constable S 179.) I met the two little boys in the street and went to the house—I got there after King and before Vickers—I went up stairs and found Arthur bleeding very much from the head—I took charge of him, and sent King to look for the prisoner—a medical man was sent for—I produce the fire-shovel which I found behind some chairs in the room in which the boy was—it was in the bent condition in which it is now—there is some hair on it, and there was blood on it, but is now gone.
THOMAS SADLER LEE . I am house surgeon at University Hospital—the boy Arthur was brought there on Sunday evening the 14th Jan., at near eleven o'clock—he had four wounds on the scalp, varying from an inch and a half to three inches long, two of them one above each other, over both eyes, the skull was fractured; there was a fissure; the scalp was torn from the skull; over the right eye the covering of the bone, the peritoneum was removed; his nose was very much injured, there being a large cut extending from one cheek to the other, across the nose; the two nasal bones forming the prominence of the nose were broken in pieces, and the two processes of the superior maxillary bones were both bare; the six front teeth of the lower jaw were entirely broken off level with the gum; the tongue had a triangular wound, and there were several smaller wounds about the face; he appeared to have bled very much, and was quite in a collapsed state when he came in—I ordered him to bed—he rallied, and I dressed the wounds—none of the wounds were dangerous in themselves, but from the effect that might follow I supposed him to be in great danger.
ARTHUR HANSFORD . On Sunday the 14th Jan., I was at home with my father and mother—there was a dog of mine in the room—my brother called the dog to go out—I remember being at home on the evening of that day—my father and mother were going to tea—I went to sleep, and awoke about eight o'clock—I said, "Mother, I suppose all the tea is gone"—she said, "No, it is not," and gave me some tea, and bread and butter—I went to sleep again—I sat on a stool leaning my head on a chair on some clothes—I cannot swear to anything else till as I was going out at the door, some boys said, "Good bye Arthur"—the policemen were then carrying me out—I recollect nothing more till I found myself in the hospital.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 47.— Confined Two Years.
Before Mr. Justice Coleridge.
566. WILLIAM WICKING was indicted for stealing 1 watch, value 6l.; 1 spoon, 3s.; and 1 fork, 3s.; the goods of Charles Adolphe Savin, his master, in his dwelling-house, at St. George, Hanover-square; and that he bad been before convicted of felony.
MR. PRENDERGAST conducted the Prosecution.
CHARLES ADOLPHE SAVIN . I live at No. 33, South Audley-street, in the parish of St. George, Hanover-square—the prisoner was my errand boy. On the 17th Jan. I missed a gold watcb, a spoon, and fork—I was out in the morning, and on returning I received information, saw the prisoner, and asked if he had stolen the watch—(I made him no threat or promise)—he said, "No"—I went out leaving him with the uncle of our female servant—I afterwards came back, saw him again, and he told me he had stolen the articles—I had not left him in the uncle's custody—the watch was kept on the mantel-piece in my bed-room, and the spoon and fork in the kitchen—Ihave not found the property—the prisoner told us that when he, went out of my house on the 16th, he met a man who took the watch from him as he was looking at it, and told him to follow him, that he went to a Jew in Monmouth-street, and sold it for 4s., but the Jew would not buy the fork and spoon, as they were not silver, and the man took them away from him and ran away.
Cross-examined by MR. BALLANTINE. Q. At what period of the day did you miss your watch? A. About half-past nine or ten in the morning—I had seen it safe on the mantel-piece in the course of the day before—it was not in ordinary use, but an old family watch—I generally wound it up every
evening, but had not wound it up for a week before—I first spoke to the female servant, after missing the watch—I did not accuse her of having committed the robbery—I asked her if she did it, at the same time I asked the prisoner—I told the prisoner's father that I believed it was not his son that had stolen the things, but the servant—it was not in consequence of what the servant's uncle told me, that I again went and accused the prisoner—he came and said I had accused his niece wrongly, that it was the boy that did it—I cannot recollect the exact expression I used to him—I think I said if he had robbed me of anything else it was better for him to tell me so at once—it was not after that that he told me he had taken the watch—the servant's uncle and the prisoner both told me he had stolen the watch—he came to me with the servant's uncle, and told me so himself—the uncle came first, and the prisoner afterwards—the prisoner did not hear what the servant's uncle said to me—I spoke to him first—I asked if he had robbed me, and he said yes—I did not tell him I would give him in charge if he did not tell me about it—I did not ask him if he had robbed me—I told him it was wrong to rob me, and he said he was very sorry for it, and so on—neither the servant or here uncle are here—the prisoner was in my employ a little more than three weeks.
MR. PRENDERGAST. Q. What was the watch worth? A. About 6l., but I cannot say, it is an old one—the spoon and fork were not worth much.
JAMES POWELL (police-constable C 191.) I took charge of the prisoner—I did not hear the prosecutor make him any promise or threat—he said that after he had taken the watch, he was going down Oxford-street, a man came to him, and asked if he wanted to sell the watch, he said, "No," that the man took the watch out of his hand, and ran down Oxford-street, that he followed him, he turned down Monmouth-street, and went into a shop—that he went in and saw the man receive 4s. for the watch, 2s. of which he gave him, and 2s. he kept himself, that the man in the shop would not buy the fork and spoon, and the man made away with them.
Cross-examined. Q. Was the prisoner searched? A. Yes—nothing but a comb was found on him—I did' not hear any conversation between the prosecutor and prisoner.
GUILTY , Aged 16.— Transported for Ten Years.
First Jury, before Mr. Recorder.
567. WILLIAM WEBB was indicted for stealing 3 saucers, value 3s.; 1 teacup, 1s. 6d.; 1 jug, 1s. 6d.; 1 tumbler, 1s.; 1 caraffe, 3s. 6d.; and 2 table cloths, 1l.; the goods of Edward Ellis and others, his masters.
MR. DOANE conducted the Prosecution.
THOMAS CRAMPTON . I am a porter, and live in Harvey's-buildings, Strand, and let out most of my house in lodgings. In Oct., 1842, the prisoner took a first floor room in my house—he said he would bring his wife to look at it, and he brought a woman who passed as his wife—he gave the name of Bourne—they continued to live there as man and wife till Jan.—Mrs. Bourne was found dead on the 8th of Jan.—an inquest was held on her body, and then for the first time I found the prisoner's name was not Bourne.
Cross-examined by MR. BALLANTINE. Q. Did you know anything of the woman's occupation? A. No, she used to be out most mornings for about an hour—I never saw her bring in parcels or anything in her apro—she had a key to let herself in.
to the lodgings, and found the woman had destroyed herself—an inquest was held on the 9th of Jan., and on the 10th I was near Agar-street—the prisoner came up to me, and wished me to go up and take some parties into custody, who were removing his goods—I went with him to the room, and found Gould, the parish beadle, removing them—the prisoner wished me very much to take him into custody—I refused, and said if the parish removed the goods, I should not interfere.
Cross-examined. Q. Can you recollect what expression he used when he asked your interference? A. He wished me to take them for removing his goods unknown to him—he knew me, as I was the first person who had found Mrs. Bourne—they occupied one room on the first floor—I do not know whether there was a cupboard in it.
THOMAS GOULD . I am beadle of St. Martin's parish. After the woman committed suicide, by direction of the overseers, (as it was understood Webb was not her husband,) I went to Harvey's-buildings, to the apartments, and all the goods I found in the room I removed to the workhouse—while doing so the prisoner came into the room, and asked by what authority I removed them—I said, "By order of Mr. Le Breton, our clerk"—he said I had no right to remove them, they were his—he fetched a policeman—I took them to St. Martin's workhouse—I produce a quantity of sugar, a glass soap-dish, salt-cellar, three saucers, some tea, a piece of carpet, a tea-cup and stand, a cream-jug, which has the words, "Reform Club" on it, and other articles—I delivered all the articles to Tetsall, the master of the workhouse.
Cross-examined. Q. How many rooms did they occupy? A. Only one—I found the jug in the cupboard—I did not notice whether there was a key to it—I found the other things on a shelf—I was removing the things under the idea that they belonged to the deceased—the sugar was all lump—it was in a box under the bed—I think there was female apparel in the box.
GEORGE TETSALL . I am master of St. Martin's workhouse. On the 10th of Jan. I received from Gould four table cloths, a napkin, and other things—he brought them in a cart—they were placed in my care the moment they came into the house—I gave Poulter the table linen.
WALTER SCOTT . I am secretary to the Reform Club, of which Mr. Edward Ellis is a member and one of the trustees. The prisoner was employed by the club as engineer—the steam-engine ventilates the apartments—he had 21s. a week and his board—he slept out of the house—Bourne was employed occasionally at the club—the prisoner had access to most of the rooms—this linen has no mark on it—this table-cloth is the club pattern——it has been cut, and has no mark on it—all the linen corresponds in quality and pattern—here is about an inch and a half cut off this table-cloth—the mark ought to be on the corner which is cut off—I cannot speak to the glass—this cream-jug is the same pattern, and has "Reform Club" on it—Mr. Smith, of Conduit-street, supplies them.
Cross-examined. Q. Are you the party directing this prosecution? A. I am not—it is under Mr. Coppock's direction—I was once assistant secretary to the Reform Association under Mr. Coppock—the prisoner has been in the employ of the club upwards of two years, and was so on the 9th of Jan.—I have no recollection of having seen Mrs. Bourne—I will not swear to the
linen or other things—we take stock four times a year, and always miss a large quantity of glass and crockery—I set them down as missing or broken—I took stock about the first week in Jan.—to the best of my recollection I have missed four cream jugs within the last three months—every time I take stock I miss articles—I authorised the housekeeper some years ago to allow Bourne and others to take away broken bread—she bad no duties at the club except when employed in the room of a sick servant—she did not have to clean the house—she may have been so employed occasionally.
COURT. Q. How had the prisoner access to the articles? A. He had to go to all the rooms—he had no business to handle these things—he had his meals in the house—Mrs. Bourne was in the still-room where the china was kept, but not the glass—that was in the adjoining room—I have seen the prisoner in the still-room—there are upwards of sixty servants.
HANNAH TILEY . I was housekeeper at the club till last Tuesday. I saw Bourne at the club last on the Sunday after Christmas—the prisoner was there every day—here is a table-cloth with a piece torn off—it is the pattern of our cloths, and our mark would be on the part that is cut off—it is ours—Bourne was allowed to carry broken bread away.
Cross-examined. Q. Are there usually marks on the linen of the club? A. Yes—the principal linen has the name wove in—this is the same pattern—it is the best linen—Bourne generally came there charing and other things—that gave her access to the kitchen—she would be in the still-room and the adjoining room—I never saw a little girl come with her—she was in the habit of taking away bread tied in a cloth.
GEORGE SMITH . I keep a china and glass warehouse in Conduit-street, and supply the Reform Club. These are precisely such articles as I have supplied—I supplied cream jugs of precisely the same pattern as this—I recognize this as having been made for the club—it has the words "Reform Club" and the device—I do not supply other people with such articles as this.
Cross-examined. Q. Have you any means of knowing when you did supply this? A. No—I have made several—the club took all that were so marked—I have none in stock.
EMMA SLEEP . I am nine years old—I lived with my mother, Mrs. Bourne, in Harvey's-buildings, Strand—the prisoner lived with us—I called him father—I went by the name of Bourne, and so did he—I remember his going out in the morning, and coming home in the evening—I did not know where he went—I have seen him bring lump-sugar and nuts home—it was a small quantity—he brought that cream-jug home full of pickles one morning a long while ago—it was weeks ago—he said nothing when he brought it—my mother put it into the cupboard—my father gave it to her.
Cross-examined. Q. Did you eat the pickles? A. Yes, we finished them a fortnight or three weeks before my mother's death—I did not hear my mother say any thing about taking the jug back to the club—I think the pickles were finished on a Sunday morning—I do not remember any conversation between my father and mother about the jug—my mother brought home bread from the club, and butter sometimes, and saucers, and cups sometimes—I never saw her bring home any glass—she has sometimes brought home a little bit of lump-sugar—she said she had it given to her—she was in a very bad state of spirits, and always fretting, before she died.
Court. Q. Before the pickles were brought in that cream-jug, had you ever seen it in use for any other purpose at home? A. No.
NOT GUILTY .
of the 25th of Dec., with intent to steal, and stealing therein 12 spoons, value 4l.; 2s.; 1 pair of sugar-tongs, 10s.; 1 coot, 30s.; and 1 card-case, 3s., his property.
MARK WHEELER . I live at No. 8, Newton-street, Holborn, in the parish of St. Giles's. On the 26th of Dec, on coming down stairs, about half-past seven in the morning, I perceived that a panel of the workshop was broken out, a tool-chest in the shop broken open, and a saw taken out—a square of glass was broken in the kitchen-window, for the purpose of turning the catch to lift up the sash—it was up—a bureau in the front kitchen was forced open, the lock forced off, and twelve silver spoons and a pair of sugar-tongs, four salt spoons, and two table spoons gone—I also missed a top coat and a japanned card case, worth all together more than 5l.;—when I retired to bed the night before, at eleven o'clock, the house was quite safe—the prisoner worked for me three or four years ago—the spoons were marked "M W"—I have not seen any of them since.
WALTER PRENDERGAST . I am porter in the prosecutor's service, and now live in Wild-street, Lincoln's-inn-fields—at the time in question I lived in Parker-street, Drury-lane—on the day before Christmas-day I met the prisoner in Broad-street, Bloomsbury—I had not seen him for a good bit—we got into conversation—I asked how he was off for employment—he said very badly, and he did not know where he should dine on Christmas-day—I told him not to be at a loss, he was welcome to a share of what I had—he accepted the invitation, came a few minutes after one o'clock, and remained till eleven at night—I let him out—he turned towards Little Queen-street, and said he was going home—he produced 6d. and said it was all his wife had given him to provide dinner for Christmas-day—my lodging was uot above three minutes' walk from the prosecutor's.
JOHN NEWMAN . I live in Harrison-street, Gray's-inn-road. On Christmas night I was in the Rose and Three Tuns public-house, Little Earl-street, Seven-dials, and a little after twelve o'clock the prisoner and a female entered the house—I was with a party of friends, some of whom knew the prisoner, and got into conversation with him till about one o'clock—he called me on one side, and asked if I knew where he could get a lodging—I said I did not know—he pulled out a quantity of spoons, a pair of sugar-tongs, four salt spoons, some tea spoons, and two table spoons—I saw the letter W on the spoons quite plainly—there was another letter, but I could not see what it was—they were old-fashioned letters—the W stood first—I could see that distinctly—it was like on the top of the M—the prisoner said he had got articles in his pocket which would fetch 25s. in the morning—he said he had done a crack, and was going to do another one—he was not sober—he spent a good bit of money in drink—he went to Mr. Rice's coffee-shop, at the corner of Compton-street and Broad-street—I went with him and a party of friends—one was a cabinet-maker named Mack, who I knew well—we parted company about four or five o'clock—he did not entertain the whole company—I did not have a farthing at his expense, only the female that was with him, and I cannot say whether he paid for what she had.
Prisoner. I do not recollect seeing him that night; the last time I saw him was in the House of Correction at Clerkenwell, beating oakum for the prisoners to pick, better than eight months ago, at the time the roof was taken off—he is a well-known character. Witness. I was never in the House of Correction, or ever saw the prisoner there—I never saw him before Christmas night, unless it was in Newton-street, where I have lived for years—I am a shoemaker, and have plenty of work—what the prisoner says is false—I have worked for Mr. Collet, of Harrison-street, sixteen months.
SYDNEY NEWMAN . I am the last witness's wife. I was with him on Christmas night, about twelve o'clock, at the Rose and Three Tuns, in Little Earl-street—after we had been there a short time I saw the prisoner there—he produced some silver spoons—I did not notice them particularly—I saw him with some money.
WILLIAM POCOCK (police-constable F 81.) I apprehended the prisoner in Monmouth-street, on the 27th of Dec—I told him he was charged with stealing a quantity of spoons and other property from the house of Mr. Wheeler, in Newton-street, on the night of the 25th—he made no answer—Seven-dials is about ten minutes' walk from the prosecutor's.
Prisoner's Defence. I never was nearer the place than where I dined with Prendergast; I was rather tipsy when I left there, and did not go home; I do not recollect seeing Newman since I left him at the House of Correction; he was there for nine months, for uttering bad money.
(The prosecutor and Newman were directed to describe on paper the sort of letter on the spoons.)
NOT GUILTY .
598. PATRICK CONNER was again indicted for stealing 1 coat, value 1l.;, the goods of Thomas Matthew Davis: 1 shawl, 10s.; 1 pair of earrings, 3s.; and 1 brooch, 2s.; the goods of Sarah Davis; and that he had been before convicted of felony.
SARAH DAVIS . I am a widow, and live at No. 55, Museum-street, Bloomsbury. I have known the prisoner about twenty years—on the 27th of Dec. I went out about half-past four o'clock—I locked my door, and left my key over the ledge of the door, for my grandson, who was out—I came home about a quarter to six—I missed my key, and opened it with another—I found my box was entirely broken, and things banging out of it—I missed a great-coat of my son Thomas's, and a shawl, a pair of ear-rings, and a brooch, of my own, from the looking-glass—the prisoner's wife lived with me—the prisoner and her were separated—she was living with me at this time—she went out with me, and came back with me, so that she could not have taken the things.
Prisoner. Q. Did not you before this make a plot with Mrs. Jones to have me punished? A. Never—I never said so at the Grapes, Seven-dials—you robbed me several times, and I denied you coming to my place.
ELIZABETH ELLEN NEWELL . I am the wife of Charles Newell. I was stopping with my aunt, in a room next to the prosecutrix's—on the evening of the 27th of Dec, whilst sitting at tea with my aunt, the prisoner came to my aunt's door, opened it, and said, "I beg pardon," as if he had made a mistake—he closed the door directly—I took a light, went to the door, and saw him standing very near Mrs. Davis's door—I asked what he wanted—he pointed to Mrs. Davis's door, and said he wanted his wife—about a quarter past to five o'clock, a little after this, I went out to light a friend down stairs, and saw him stooping down, as if he was feeling for the key-hole of the door—after letting my friend out, I directly came up, and found the key in Mrs. Davis's door, on the outside, and the prisoner was in the room—I went and tapped at Mrs. Davis's door—he said, "Out"—I asked if Mrs. Davis was in, and he said, "Out," a second time—I knew the prisoner's voice—about five minutes after I heard the footsteps of a man going down stairs—that was about twenty-five minutes after five o'clock.
JHON NEEDY , clothes salesman, No. 10, Monmouth-street. On the evening of the 27th of Dec., between five and six o'clock, I saw the prisoner walking along, with this coat over his arm—he offered it for sale, I gave him 5s., and he was to give me 6s. for it back on the Saturday following.
ANN LOMAX . I am the wife of Henry Lomax, and deal in female wearing apparel, at No. 18, Monmouth-street. On the 27th of Dec. the prisoner came to my shop, and offered this shawl for 1s.—I asked if it was his own—he said it was his wife's—I gave him 1s. for it the officer came in at the moment, and took him.
MRS. DAVIS re-examined. This brooch, ear-ring, and shawl, are mine—the coat is my son's, and was in my box.
Prisoner's Defence. It is a complete plot; I have been there several times, as fellows came after my wife; Mrs. Davis is such a wretch as that; her own brother was transported for highway robbery; they are a bad family all together; I do not deny listening at the door; I found these things on the landing; the prosecutrix has come to swear anything in the world; her son would not come forward; she takes her own daughter to France in the summer time to make a prostitute of her, and the same with my wife; I can never get a chance to see her; they would swear my life away, and hang me, if they could; the ear-rings are only brass; it is all a plot; they put the things on the landing because they knew I was next door; I could not get in this night, because they had these fellows there; I tried to burst the door open; they are a desperate family altogether.
MRS. DAVIS re-examined. My son was at Bow-street, and they said he need not come here—I live with my son-in-law, Mr. Lowe, who is a respectable man, and has his country house in Bayswater—I do not know what the prisoner means—I have always worked hard for my living, my son, and all—I have lived in the same house forty years—his wife came to me when he was in the House of Correction, as she had no place to put her head in—I have known her for years, as a very industrious and hard-working woman, and I gave her an asylum, and I have lent the prisoner a bed to lay on when he had not one.
Prisoner. Her son is a blacking-bottle maker, he keeps his country house, and lives with her daughter, whom she takes to France to prostitute.
CHARLES ROBERTS (police-constable D 26.) I produce a certificate of the prisoner's former conviction, from Mr. Clark's office—I was present at the trial—he is the person described in this certificate—(read.)
GUILTY . Aged 50.— Transported for Ten Years.
OLD COURT.—Monday, February 12th, 1844.
Third Jury, before Mr. Justice Coleridge.
570. THOMAS FROST was indicted for stealing 1 sovereign, the money of the Right Honourable William Baron Lowther, Her Majesty's Postmaster-General.—2nd COUNT, stating it to be the money of John Playle.
The ATTORNEY-GENERAL, with, MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
Jan. I was at the Post-office—I had previously procured this letter with the Birmingham post-mark on it, addressed to Mr. Tyrrell, Bank of England, London—Mr. Russell, another inspector, was with me in the assistant-inspector's room—I saw Mr. Russell inclose a sovereign in that letter, and a 1l.; note of the Edinburgh Bank—before the sovereign was inclosed in the letter I marked it on the obverse side, and Mr. Russell marked it on the reverse side—Mr. Russell sealed the letter with coloured wax—this is the sovereign—my mark is a dot, on the head side, after the word "Rex"—I have a memorandum, which I made at the time, of the mark, and it answers the description of the coin—the date of the coinage was also taken down—the letter, with the sovereign in it, was placed in this other letter, directed to "Mr. F. Morgan of Birmingham, to be left at the Angel Coffee-house, next door to the Bluecoat-boy, City-road, Islington, London"—I then sent for Henry Rice, the superintending letter-sorter, and gave him the letter, with directions to place it among the prisoner'sletters in the Inland-office—at that time the letter, with the sovereign in it, was certainly placed within the folds of the other—it was allowed to fall into it, so that it could not be perceived, and it could not shake out—the prisoner was on duty that morning—I went to the Angel Coffee-house, where the outside letter is directed—I got there about ten minutes past nine—I was not acquainted with the landlord up to that time—I stated to him why I came—about a quarter of an hour after I had been there the prisoner came—that house is within four or five doors of the first house at which he delivered any letters—he delivered this outside letter to the landlord, who immediately gave it to me—the other letter was not then in it—I saw the prisoner deliver this to the landlord, and without losing sight of it, I received it from him—I then went to the Bank of England, and saw Mr. Tyrrell, to whom the inner letter was directed—I ascertained that he had not received the letter—I was on duty at the Post-office next morning, the 30th—John Arthur, the letter-carrier for the Bank of England, received instructions to bring all letters directed to the Bank of England to me that morning, and had done so up to eight o'clock, about which time he brought this inner letter, directed to Mr. Tyrrell, saying he had just found it on his desk—he gave it to Mr. Boydon, another assistant-inspector—I was not there at that moment, but I received it within a minute afterwards—it was then sealed, but it had been opened—it was not opened in my presence—Mr. Rackley, another assistant-inspector, showed the letter to the prisoner, who was sent for as he was leaving the office, about a quarter-past eight in the morning, and said, "Have you seen that letter before?" or, "Do you know anything of that letter?" or words tantamount to that—he said he knew nothing about it—Mr. Rackley replied that he had evidence that the letter had been in his possession yesterday—the prisoner's seat is about six or eight yards from Arthur's desk—there are ten or twelve letter-carriers' seats between them—the sovereign is my own.
Cross-examined by MR. WILKINS. Q. Was any impression placed on the seal of the enclosed letter? A. It was fastened with the point of a pencil-case, so as to form a ring of the circumference of the pencil-case—the mark I made on the sovereign was a slight indentation with the point of a fork, made after the word "Rex"—I did not see the mark Mr. Russell made, but I saw him in the act of marking it—I did not see where Rice took the letter to when I gave it him—he took it singly from my hand—he had no other with him that I know of—he left the room immediately, as if he was going to the Inland-office—I did not see that letter again till the following morning—it was then in the possession of Mr. Boydon, accompanied by Arthur,
in Mr. Kelly's room—about 260 persons were employed that morning in the same room that Arthur's seat is in—about ten persons were between the prisoner's seat and Arthur's—I had taken this sovereign out of my own private purse—the Scotch note was not mine.
THOMAS RUSSELL . I am an assistant inspector of letter-carriers at the General Post-office. On the morning of the 29th of Jan., I was on duty in the inspector's room—I saw Mr. Playle produce this sovereign—I put a mark on the reverse side—it is here now—I am confident this is the same sovereign—when marked, it was enclosed in a letter addressed to Mr. Tyrrell, and that was put into the folds of another, directed to Mr. Morgan, Angel Coffee-house, near the Blue-coat-boy, City-road—I took this memorandum of the description of the sovereign at the time, "Letter directed to Mr. Tyrrell, Bank, put inside a letter for Mr. Morgan, City-road, from Birmingham; sovereign of George III., date, 1817; puncture or dot made between the fore-legs of the horse"—that is the puncture I made.
HENRY RICE . I am a letter-sorter in the General Post-office. On the 29th of Jan. I was on duty at the Inland-office—I was sent for to the inspector of letter-carriers' room about twenty minutes to eight o'clock, and Mr. Playle gave me this letter addressed to Mr. Morgan—my attention was called to another within the folds of it—I was desired to put it among the prisoner's letters after they had been sorted in the Inland-office—I took out the inner letter, and copied the address—I then replaced it in the letter again as it was—I felt the letter directed to Mr. Tyrrell, to ascertain that it contained something, and I felt it contained something like a coin—I supposed it to be a sovereign—after placing the one letter within the other—I took them to the Inland-office, where I placed them with the City-road letters, already sorted for the prisoner's delivery—I remained there about teu minutes—Brooks, the collector, came and took all the letters away in a tray—I did not see where he took them to, but it was his duty to take them to the letter-carrier's office—I am certain he took this letter away, because he took the whole that were placed there—I sent a communication to Mr. Boydon.
Cross-examined. Q. I suppose there was a tray full of letters? A. There was—I did not notice the seal of the enclosure.
JOHN BROOKS . I was in the service of the Post-office. On Monday morning, the 29th of Jan. I delivered letters to several letter-carriers of the 8th division—the prisoner was one of the letter-carriers of that division—I put the letters on the different seats—I put on the prisoner's seat the letters of the City-road district, which is in the 8th division.
THOMAS BOYDON . I am an assistant inspector of letter-carriers in the General Post-office. On Monday, the 29th of Jan. I was on duty at the Post-office—Rice made a communication to me—I saw Brooks come from the Inland-office with the letters on the tray—I saw him take from the tray that portion of the letters belonging to the prisoner's district, and place them on the seat before him—the prisoner was at bis seat at the time—I saw him take the whole of that parcel of letters in convenient portions, and divide, and arrange them for delivery—next morning, about twenty minutes, or half past eight o'clock, I received from Arthur this letter, directed to Mr. Tyrrell, Bank of England—Arthur went with me into the inspector's room—I there found Mr. Rackley, another assistant inspector, the prisoner, and the officer—I produced the letter, and told Mr. Playle I had received it from Arthur—the prisoner was not exactly present—there was only a door dividing the room—he was within hearing—Arthur said he had just found it on his seat.
delivered at the lodge kept by Mr. Tyrrell—on Mondays they are delivered to one of the Bank porters at the door—he calls at the office for them—they are delivered by my assistant—there are some registered letters which I take myself—I was on duty at the Post-office on Tuesday morning the 30th—I had been at my desk, and left it for about two minutes—when I returned I found this letter there, directed to Mr. Tyrrell, Bank of England—I cannot say whether the prisoner was in the room at that time—I had not seen him that morning to take any notice of him—I put the letter into the box where I generally place the Bank letters, and afterwards took it into the inspector's room—Mr. Boydon came to the door, and took the letter from me—when I found it in my seat there was nothing in it to my knowledge—I did not feel anything in it—if there had been a sovereign in it, I have no doubt I should have felt it—I felt no such thing—my seat is fifteen or sixteen yards from the prisoner's—other men are between me and him.
JAMES TYRRELL . I am a Bank porter, and reside at the lodge at the Bank. All letters that come to the Bank of England pass through my bands—on the 29th of Jan. I received no letter for myself—I first saw this letter directed to me at Bow-street-office on Tuesday, the 30th of Jan.
MATTHEW PEEK . I am a police-officer attached to the General Post-office. On Tuesday morning, the 30th of Jan., I was sent for to the inspector's office—I there saw the prisoner, Mr. Rackley, Mr. Blott, Mr. Russell, and Mr. Playle I believe—this letter addressed to Mr. Tyrrell was produced, and the prisoner was asked if he knew anything about it; but before that, he was cautioned that whatever he said would he used in evidence against him—he said he knew nothing about it—it was stated to him that it was known it was in his possession the day before—he said he knew nothing about it—I asked where he lived—he said at No. 26, Goswell-terrace, Goswell-road—I went there, and saw a female on the first floor, who answered to the name of Frost—I afterwards went back, and stated, in the prisoner's presence, what had passed between myself and Mrs. Frost—I said to her, "I want the sovereign your-husband gave you yesterday"—she went into a back room—I followed her, and from a chest of drawers she took this box and gave to me, stating that the sovereign was inside—I only found one sovereign in it—it was not locked, nor Were the drawers—this is the sovereign which I have produced—I asked her when her husband gave it her—she said the day before, after he had done his delivery—I returned to the Post-office with the sovereign and box, and stated to the prisoner that his wife had given me the sovereign, stating that he gave it to her yesterday—he said that all the money he had got, he got on his work yesterday for his directories and postage—he was asked where he got the sovereign from—he said he did not know—the sovereign was shown to Mr. Playle and Mr. Russell—I afterwards pointed out the woman who gave me the sovereign, to Mr. Rickards and Richard Craddock.
Cross-examined. Q. How long ago did you know her as his wife? A. They have lodged there two years and nine months—the last time I saw them living together was about a week ago—last Monday week or fortnight.
ATTORNEY GENERAL. Q. Are you the landlord of the house? A. I am—they always lived together as man and wife up to his being taken in charge—I understood from him that she was his wife.
GUILTY . Aged 31.— Transported for Seven Years.
Before Mr. Justice Cresstvell
571. THOMAS DUNNETT was indicted for that he, being the captain of a British ship, unlawfully did leave Edward Wilkinson and Hierome Gibbs, two of his crew, at Bahia, before the completion of the voyage for which they were engaged.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution. EDWARD WILKINSON. I was a seaman on board the brig, Sarah Charlotte, the prisoner was the master. I was shipped at Guayaquil, in South America, on the 6th of June, 1843—Mr. Howard, of Harwich, I believe, is the owner of the ship—there were two seamen on board, named Hierome Gibbs, and James Clyne—Clyne was on board when I came on board—Gibbs joined us at Guayaquil, a fortnight or three weeks after—we were bound to Vigo, in Spain—I fell sick in the course of the voyage—I signed articles when I engaged—Clyne and Gibbs had the fever and ague on them—we were short of provisions—we put into Bahia, I believe, in Oct.—Gibbs, Clyne, and I went ashore there—the captain asked me if I wanted to go ashore to the hospital—I said, "Yes, I should like to go to the hospital"—we went ashore and saw the doctor—I cannot say whether the other men said anything about going ashore—the captain did not make me any promise before I went ashore—the captain went with us to the doctor—he had not been anywhere else first—the doctor told him we were not sick enough to be left ashore, all three of us—we then went to see the English consul, Mr. Porter—he said he could not do anything for us without a certificate from the doctor—as we were coming out of the consul's office, the captain said we might take his boat, go on board and fetch bur things ashore, and keep out of the English consul's sight till the ship had sailed—we did not get our clothes on shore that day—we got them next day, and went to a boarding-house in the town, the captain gave two of os ten dollars, and five dollars to Gibbs, twenty-five dollars among the three—we did not see him afterwards—we did not stay within doors while we were at the boarding-house—we were walking about the streets—Captain Nunn brought us the dollars—he was a passenger, I believe—I believe the brig sailed a day or two after we had gone ashore, but I am not sure—I had not been in the hospital, or under any sick, care during that time—after we had been ashore some time, the English consul's clerk saw ns in the street, and knew us again—he told Mr. Porter, who sent for us in the afternoon—he maintained us for about a week, and then sent us home in the barque Mary—he gave us each a certificate—Clyne has gone out to New York, from Liverpool—we landed at Liverpool—I went before a Magistrate, and stated these facts—I was working while on board on the passage from Guayaquil to Bahia, until I was sick—there were two watches—I was first in one watch, and then in another—I took my turn regularly like the other sailors—the captain saw me do so—he gave me orders, which I obeyed—I was sick for about nine days—before that I worked as a sailor.
Cross-examined by MR. CLARKSON. Q. I believe Mr. Justice Willis, from Sidney, happened to be at the consul's? A. I cannot say—I saw two or three gentlemen there—I remember Mr. Justice Willis telling me in the captain's presence, that as the doctor said we were well enough to go, if he had any control over us, he would flog us if we did not go—I did not hear the consul say we ought to go—I will swear he did not say so—he might, but I did not hear him—I did not hear the captain say we would not go—I did not go aft to the captain on the vessel coming into Bahia, and say I was so ill I could not stay, and could not work as I Iwas so sick, and that I wished to go to the hospital—I cannot say for the other two—I was not with them—I
will swear I never mentioned it till the captain mentioned it to me—I was well and hearty when I shipped—my head and neck were so full of vermin, that I was obliged to have all my hair cut off by the mate shortly after I came on board—the other seamen did not say they would not allow me to be below with them until I had undergone that process—I complained to the captain that I was too ill to work, about six weeks before we got into Bahia—I complained to him several times—I was below for about nine days—I had not got the fever—I had got the frost in my arm—my hands were all broken out with sores and ulcers—I was not able to take a rope in band to do any work for some time—I continued for the six weeks before the ship arrived at Bahia, to represent to the captain that I was in such a state as to be totally unable to do my duty—I could not do my duty as I ought—I was earnestly anxious to get into the hospital at Bahia—I saw the other men on shore that were shipped instead of us—they were shipped from an American brig, I believe—I do not recollect the captain's name—three men were shipped from Bahia.—(The ship's articles were here put in and read, by which it appeared that Edward Wilkinson was shipped on the 5th of June, the vessel being bound on a voyage from London to any port in South America, and in the Indian and China seas, if required, and back to any port in Europe, Signed, THOMAS DUNNETT, Jun.)—I cannot say whether James Lodine and Thomas Smith were two of the men shipped instead of us—I did not bear their names—I saw the men in the street—I saw the consul write something—I remember, before the Magistrate, your showing me a document signed by Mr. Porter, and I said it was something similar to his handwriting, that I believed it to be his—I do not know the name of the consul's clerk—I never heard his name that I know of—I believe he was a foreigner—(This was a memorandum endorsed on the articles as follows:—"5th of Oct. 1843. These are to certify, that George M. Harvey, second mate, has this day been shipped on board the within named vessel, at the master's request, and with my sanction; as also three seamen, James Lodine, Thomas Smith, and Christopher Todd. Signed, Edward Porter, Consul"—we had a man named Sadler on board—he was shipped second mate—I believe he deserted the ship at Bahia, after we left the vessel—I did not see the three men ship themselves on board—I never saw them after the brig sailed—whatever I received I had from Captain Nunn—I knew Gibbs on board the vessel—I am not aware that he had come out of prison shortly before he shipped—I have heard it spoken of, but I do not know anything about it—I believe he was sick when he was put on board at Guayaquil—he was sick all the passage mostly.
Q. He never even signed articles, or did any work on board, did he? A. No—he did what he could on board—the captain did not tell me in Mr. Nunn's presence, at the consul's, that as the doctor would not give me a certificate I must go on board again immediately—I did not hear him—or that the brig's boat was then lying ashore ready to take us on board—I will swear he did not say so—I did not say I would not go on board, as I was too ill to do any duty—the others said it was no use going on board, because they were sick—the captain did not then say that he could not leave us ashore, and should be obliged to have us taken up, if we still refused—I did not hear it said that it would be cruel to oblige us to go on board—the captain did not then turn round, stating that he was going to the consul's to state that we refused to go on board—I believe the vessel put into Bahia because we were short of provisions—she went in for beef and pork—she had some on board, but we were short—I cannot say how long after we touched there the beef and pork was put on board—I went ashore, I think, the day after, or the day but one after—I believe the vessel was four or five days in the port—the
consul's clerk did not take us before the consul, when he found as walking about Bahia—he sent for us about an hour or two after—he did not threaten to send us to prison for skulking—on my oath, he did not—he asked us how we were left behind, we told him, and be sent us on board the barque Mary—we did not go to the consul and represent ourselves to be in distress—the consul's clerk found us about a fortnight after the vessel sailed—we were at Bahia three weeks and three days altogether.
MR. ADOLPHUS. Q. Was the money which Captain Nunn brought you, money that you expected, or was it quite unexpected? A. It was expected, because the captain asked me when I went ashore what I should be satisfied with, and I told him ten dollars a month—the consul maintained us at the boarding-house till he put us on board the Mary—I was lousy when I went on board, and had my hair cut off—I worked just the same as if I had no vermin about me.
COURT. Q. You were to have ten dollars a month? A. Yes—that was to be computed from the time I went on board till I went ashore—I received nineteen dollars in advance—the ten dollars did not quite make up my pay according to that bargain—I had been four months on the voyage.
HIEROME GIBBS . I was at Guayaquil in June, 1843. Captain Dunnett came to me—I was in the hospital—he told me, as soon at I felt myself able, to come on board of the ship, which I did—I was unwell when I first went there—I got better in a fortnight after I was on board the ship; I quite recovered my health—I was then appointed second mate—I did not sign articles—the captain agreed for me to go home second mate of the ship to England—on our passage home we were short of provisions, and had to put into Bahia—I was not well then, and I asked him if he would be good enough to allow me to see the doctor—he said yes, and I went ashore to see him—before that I asked him if he had any more medicines to cure the fever and ague—he said no, he had no more in the ship—he told me I must go ashore, and see the doctor—I went, and saw the doctor—Wilkinson and Clyne were with me—Clyne is gone to New York in a ship called the Montezuma—the doctor told me I was not sick enough to go to the hospital, and by the captain applying a little medicine I should get over it—I told him there was nothing on board the ship—the captain was there at the time—I told the captain then that I wished to see the British consul, and he and I, Clyne and Wilkinson, went to the consul—the captain spoke to the consul, and the consul told him that he could not leave us there unless the doctor would give us a certificate to go to the hospital—with that we came down from the consul's office to the English store again; and, coming down the last flight of stairs, the-captain stopped me, and told me he did not want any sick men on board of his ship, therefore I must go and conceal myself, and he would pay me my wages when the ship went away; I stopped in the English store, and he went aboard—he told me he would give the passenger the money to bring to me, because he could not pay me himself—he told me I could take his boat and fetch my clothes on shore, which I did; at least, I could not take his own boat, I had to get another one, because they told me I was under a fine for not getting a pass from the Custom-house—I did get my clothes in another boat next day—I remained in the store till Captain Nunn came—he brought me five dollars, that was all—that was not as much as was due to me by a great deal—I remained there till the ship sailed—I was seen in the street by the consul's clerk, and went before the consul—he asked me if I had run away from the ship—I told him no—he said, "I will not allow you to ship in any ship out of this port"—he paid my expenses, found me a house to live in, and sent me home in the Mary.
Cross-examined. Q. How soon before you shipped on board the Mary was it that you fell in with the consul's clerk? A. It was a fortnight after the ship sailed—I was on shore three weeks and some odd days altogether—I and Wilkinson were together when the consul's clerk met us—I attended at the police-office, in Arbour-square, for the purpose of giving evidence in this case before the Magistrate, but I was not called—I do not know whether the clerk of the Admiralty Solicitor was there with me—I was not in Court when Wilkinson was examined—I was outside, in the place where the fire was, in the back place—I was not called in, or examined—I did not hear you ask whether it was intended to examine me—I will not swear that my name was not called, but I never heard it—I will swear I did not hear myself called, and that I did not hear you ask whether I was to be called—I was put in prison at Sidney by Captain Dunnett, on a former voyage—I do not know Judge Willis—I have not seen him here to-day—I was not put in prison for deserting my ship, but for asking for my rights—I was taken before Captain Brown, the Superintendent of the Water Police—I was not put into prison for refusing to do my duty—I did not see Captain Brown sign any paper about me—Captain Dunnett charged me with refusing to perform my duty—he would not give me my small stores, therefore I was forced to deny duty—that was the first voyage the ship ever went—it was the same ship—on this voyage I went on board at Guayaquil—I believe it is rather a difficult place to get hands in—I do not know that the master of a merchantman is glad to get anything there—there are plenty of good men there, but good men sometimes will not go to sea, because they get a better living there—it is a difficult place to get good hands to go to sea from there sometimes—it was so—I do not know that men can be got much more readily at Bahia—there was only the three that were there—it is much more likely for vessels to find men, and for men to find vessels, at Bahia than at Guayaquil—I had the fever and ague whilst I was in the hospital at Guayaquil, and I continued to have it till I came to Bahia—I was fit to perform my duty till I came into cold weather—the ship's articles were never brought to me—I know that a man does not become one of the crew till he signs articles—I knew my wages depended on it—it was the captain's place to bring the articles to me, to let me sign them—I did not ask him, because I did not think of it at the time—when I was well enough I was to ship as second mate—the captain sent Sadler forward at Guayaquil, and took me in his place—he did not do duty as second mate from Guayaquil to Bahia, not at all; I did, as far as laid in my power—Wilkinson saw me do my duty while I was able to do it—I sometimes went to the topmast head, and out to the bowsprit end, when it was blowing a little—I was called upon a great many times during my watch in the night to reef, when it has been blowing hard, and so was Wilkinson—that was very hard work—I and Wilkinson have been called out together.
COURT. Q. You have reefed on the same yard-arm, have you not? A. Yes, I have, many times, between Guayaquil and Bahia.
MR. CLARKSON. Q. Do you remember when the captain came down stain from having seen the consul, his complaining to a gentleman he called a judge that he had taken you to the consul's, because you said you were so ill and could not work; that the consul said you were well enough to work, and that you afterwards said you would not go on board again? A. No—that was the gentleman I spoke to—I asked if we could get into the hospital, and he said he would have nothing to do with it—it was a third gentleman—the doctor was one, the consul the other, and the other gentleman was the third—he said if he had been captain, and we had refused to go on board, when the doctor would not give us certificates, he would flog us, and send us on
board; but I did not refuse to go on board—the captain did not, in my hearing, complain to that gentleman that we had—I swear that—the English store is by the waterside, not five minutes' walk from the consul's office, it is one—it is several doors off—a man standing outside the office could not see up to the store—it is too far away—it is in the same street, along the beach—they are the length of this court apart—it was at the store we concealed ourselves—I did not represent myself to the consul's clerk as being in distress—he saw me in distress—I met him by accident, and he sent for me directly—he asked if I had deserted the ship—I said, "No"—he did not say, "Why, Gibbs, you have run"—he did not use the word "run"—I swear that—I do not know the master of the Eschylus—I did not see the Eschylus in port—I did not see an American brig—I did not see the three men that shipped instead of us three—I was with Wilkinson and Clyne, bat never saw the men, and never knew anything at all about it—I did not go on board the Eschylus—I did not see the captain of the Eschylus at the consul's—if I had ran away from the ship I should very likely have got a voyage home—I could have got another ship.
RICHARD STEVEN . I am collector of the customs at the port of Harwich. I have a certificate of the registry of the Charlotte—the name "James Howard" is written here—he is a ship-owner at the port of Harwich—I did not see him write it—I know the signature—the declaration is signed by him—I know Mr. Howard personally—he is a British subject—he lives at Manningtree, near Harwich—he is the proprietor of several ships, by my official books—I never saw him on board any of those ships.
Cross-examined by MR. BALLANTINE. Q. Where was he born? A. I do not know—I know he is a British subject, by the declaration which he made.
MR. ADOLPHDS. Q. Is he a housekeeper?; A. Yes—the house has been pointed out to me that he lives in—I never saw him in that house—I know him personally—I believe him to be an Englishman.
Witnesses for the Defence.
WILLIAM CLARK . I was chief mate on board the vessel commanded by Captain Dunnett—I joined the vessel at Guayaquil—Wilkinson and Gibbs shipped a day or two after I did—when we arrived at Bahia, Wilkinson and Gibbs came and asked the captain leave to go ashore, to see the doctor, consul, as they did not wish to stay in the ship, for they were not able to their duty—the captain said he could not put them ashore till he had himself first seen the consul—the captain went ashore to see the consul, and sent a boat for them about one o'clock—they then went on shore, and came on board again about four o'clock in the afternoon—(we anchored at Bahia on the 4th, and left on the 7th, I think)—Wilkinson did not come on board again at allgibbs and Clyne said they had come for their clothes, as they had got a discharge from the consul, to stop on shore at Bahia—it was too late then to take their clothes on shore, and we did not let them have them—they came again next day—they said nothing about the doctor.
MR. SHEPHERD. Q. You heard them say they had a discharge from the consul? A. I did not hear it—I supposed so, or they would not come for their clothes.
MR. BALLANTINE. Q. You gave them the clothes, because you believed they had a discharge, but on the first day they came, had they said so? A. No.
THOMAS NUNN . I was a passenger on board the vessel—before it arrived at Bahia, I had heard both Gibbs and Wilkinson complain to the captain of sickness, Gibbs, from the time he first came on board, and Wilkinson, perhaps
three weeks or a month before—I saw Gibbs state—my opinion is, had we not touched at Bahia, and got medical advice, he would have died—we arrived at Bahia on the morning of the 3rd I believe—on the vessel coming into port, four of the men came to the captain and requested to go ashore—three of them, Gibbs, Wilkinson, and Clyne, in consequence of ill-health—the captain went ashore with me before he would allow them to go ashore—I did not remain with the captain while he was at the consul's—I met the men with the captain at the chandler's-ship store, and saw him go with the men to the consul—on their return I heard him tell them, "You hear what the consul has said, the doctor will not grant you certificates, you must go on board"—they replied, "No, we will not go on board, it will be cruel for the consul to compel us to go on board in the state we are in"—the captain said, "I shall go to the consul and report you, and of course he will be obliged to take you up as deserters"—the captain left me, to go to the consul—I did not go with him—I saw the captain again a few minutes after—I know Lodine, and Smith, and another man—I consider they were shipped instead of these men—I was with the captain afterwards, looking after other men, and he got these men from the master of the Eschylus, lying in the harbour—he went to the consul for his papers—I was not with him when he got them, but he shortly afterwards returned, and the vessel sailed—I took the last man on board myself—I went to the consul to do that, but he was not in town—I saw his clerk—the vessel sailed about three hours after that—I gave the witnesses some money—it was not given me by the captain—I did not give them dollars, but what is termed milrees, which is paper money—I have never had that money repaid to me—it was a present from me to the men—I considered it really a cruelty to have sent the men on board the ship, and believe they deserted the vessel in consequence of ill-health, and with the feelings of a sailor I could not allow them to be left destitute in that country, without assistance—I am a sailor myself, and have commanded a merchantman—I swear the money was my own, and it was given them for my own objects.
MR. SHEPHERD. Q. What was it you said? A. I thought it cruelty to leave them ashore without assistance—I considered them ill—I had prescribed them medicine—I thought it cruel the consul should have refused to give them a certificate—that is what I mean—the milrees I gave them, I suppose would amount to above 4l.; 10s., or 4l.; 12s. English, but the exchange varies—I gave it them entirely from feelings of compassion, and I think any man, under the circumstances, would have done so—the captain dared not give them money as deserters from a ship; and as proof, he did not wish to defraud them of their wnges, he brought them on shore himself to the consul, in his own boat, and a doctor with them—he never told me to give them money—I do not know that the consul did not grant them certificates—I was at the store when the captain was talking to them, except for a very few seconds—the consul's office is only four doors from the store—I saw them walking with the captain—the captain could not have had any conversation with them at the store when I was not present, nor at any time—I should say that was not more than two or three hours previous to the vessel sailing—I believe I was scarcely ever absent from the captain, except at the time he went to the consul's—he never went from the ship without me.
MR. CLARKSON. Q. While you were at the store, did the captain ever tell them to conceal themselves till the brig had sailed? A. Never, nor to keep out of the way of the consul, in my hearing—if that had been said at the store, I should say I must have heard it—I never knew anything of the captain except on this voyage.
GUILTY .— Fined 5l.;
Before Mr. Justice Coleridge.
572. HENRY HODDER was indicted for feloniously breaking and entering the dwelling-house of William Egerton, at St. Dunstan, Stepney, and stealing therein 1 model, value 6d.; 1 tobacco-pipe, 6d.; 1 musical pitch-pipe, 6d.; and 3 weights, 9d.; his goods.
WILLIAM EGERTON. I am a cabinet-maker and appraiser, and life at No. 34, Jamaica-street, Stepney. I have a front parlour converted into a shop—part of that window had been broken, but was secured by a little painting on a panel being nailed against the window inside—on the 13th of Jan., a little after seven o'clock in the evening, I had fastened down that window, and drawn down the blind, when I heard a rustling in the window—I stepped towards it, and taw a lad's arm in the window—I went out of the shop, up the passage, and, as I was opening the door, saw the prisoner—he commenced running away—I ran after him, up James-street, into Charles-street—he threw several things away as he ran—he ran against a gentleman, and stopped—I did not lose sight of him—I was not more than ten yards from him—I came up, and said I must take him back again, as he had been taking something out of my shop window—when we came back to where I had seen him throw something away, I picked up part of a fancy tobacco-pipe—I sent for a constable, and gave the prisoner in charge—I went to my window, and missed a musical pitch-pipe, a fancy tobacco-pipe, a brass pattern horse-shoe, and three brass weights—they had been about two feet within the window—he could reach them all very easily, by thrusting his arm through the glass, and moving the painting on one side—the nails were pushed out—the prisoner saw me pick up part of the property—he said he had not taken them, that he was running after another boy—I said I believed he had taken something, for I had seen him throw something away—he said he would assist me to look for anything I had lost if I would let him go—I would not do so—it was just dusk—I had never seen the prisoner before—he was dressed as he is now—I am quite positive I did not lose sight of him—ten yards was the greatest distance he was from me.
JAMES SORRELL (police-constable K 110.) I took the prisoner into custody on this Saturday night, and found in his pocket this brass model of a horse-shoe—I saw a person in the street pick up this musical pitch-pipe, which he handed to me—the prisoner said he knew nothing of it.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Six Months.
Before Mr. Justice Cresswell.
FRANCIS MANSER (police-constable S 87.) On the 26th of Jan. I was on duty, in private clothes, in Camden-town, and saw the prisoner, in company with two others, in Camden Villas-road—I saw him go into several gates, up to several houses, and come out again, go down St. Paul's-terrace, and through different streets, till he came to the Albert-road—he went into several houses there, and at last went into the gate of No. 9—he remained in there about five minutes, then came out, and passed his companions, they taking no notice of him, which made me suspect he had something—I stopped him, and asked what he had got—he said, "Nothing"—I put my hand into his pocket, and found these forks.
Prisoner. It was the other young man who was with you who put his hand into my pocket. Witness. No, he went after the others—they got away.
GEORGE VENN . I am footman to George William Wainwright, of No. 9, Albert-road. On the morning of the 26th of Jan. I had some forks of his in my custody—about half-past one o'clock I left them in my pantry cupboard, to go up stairs, hearing the bell ring—there is a way from the garden to the pantry, down two, three, or four steps—I was not absent more than five minutes—I then went down to the pantry, but did not miss the plate till the policeman came with it in his hand—these are the forks—they are my master's.
Prisoner. I beg for mercy.
GUILTY . Aged 21.— Transported for Ten Years.
Fourth Jury, before Mr. Recorder.
MR. WILKINS conducted the Prosecution.
JOHN OVERTON . I am clerk to William Reid and Co., brewers—there are four partners, I believe. Some alterations were going on at the brewery, and the prisoners were employed there as carpenters—in consequence of what occurred, I directed Daniels to watch the oat-loft, and on the 23rd of Jan. I was called to a gangway leading to the loft, and found Daniels with the prisoners in custody—there was a basket on the ground between them, containing pump sling brasses—I have compared them with the slings, which they fit—they had been standing against the wall on the oat-loft—the prisoners had no business in that loft—there were no repairs going on there—there were some short bolts in that loft—the prisoners were not using such things—the basket did not belong to our firm—I know the brasses by their fitting this iron frame, which was also in the loft—I have no doubt of their being the prosecutors'—they have been among the old stores for fourteen years, unused—I had seen them safe two days before.
Cross-examined by MR. PAYNE. Q. Did you know Walters in the employ of Mr. Cubitt the builder? A. He was not sent by Mr. Cubitt to our place, prosecutors employed their own carpenters to the job.
GEORGE RUSSELL (policeman.) I found this brass on the floor of the oat-loft, in a basket, a little after seven o'clock in the morning of the 23rd Jan., in the presence of Overton, Daniels, and the prisoners.
FREDERICK DANIELS . I am deputy engine-keeper to St. James, Clerkenwell—I was employed to watch the oat-loft for three mornings, and on the 23rd Jan. I saw Inman come into the loft with a candle—he went to the farther end of the loft, took something from the wall, laid it on the ground, and began hammering—I could tell it was metal by the sound—he seemed to put it into something which I afterwards found was a pan—he went out of the loft, and returned in about ten minutes with a basket on his shoulder, followed by Walters, with a light in his hand—Inman went to where he bad put the articles, took two pieces of wood out of the basket, then put the articles into it, and covered them with the wood—Walters was holding the candle to him, within five feet of him, lighting him to do it—Inman then put the basket on his shoulder and went out of the loft followed by Walters—I followed them into the gangway, stopped them there, sent for Overton, and they were secured—I carried the basket to the station.
Cross-examined by MR. BALLANTINE. Q. Who did Inman work under? A. A man named Ward, I believe.
Cross-examined. Q. How near to the loft were they at work? A. About 250 feet—they had no business there.
RHODES S. MOULD . I am clerk to the Magistrate at Clerkenwell police-court. I took the prisoners' statements—this is the signature of Mr. Combe the Magistrate—the prisoners were cautioned that whatever they said might be given in evidence against them—this is a correct statement—(read)—the prisoner Inman says, "The foreman told me if I found any brass about I was to take possession of it, and take it up to his place"—Walters says, "I went to look for some bolts, and Inman told me he was going to take these bolts up to Mr. Hewitt."
JOSEPH WILLIAMS WARD . I am foreman of the carpenters. I hired the prisoners for Messrs. Reid—they acted under my direction—I never authorised either of them to collect and bring brass to me—I never said a word to them about brass—I was in the loft with Overton, and said to Walters, "What have you to do there?"—he said he went after some bolts—I said to Inman, "What have you been doing there?"—he said, "This is a bad job, master"—they ought to have been at work that morning in the mill-loft, which is 150 yards from the oat-loft—neither of them had any business in the oat-loft.
Cross-examined. Q. Were there any bolts there? A. Not such as Walters represented be went after—they were nothing like them.
(The prisoners received good characters.)
INMAN— GUILTY . Aged 33.
WALTERS— GUILTY . Aged 40.
Recommended to mercy.— Confined One Year.
FRANCIS WILKS . I am a picture-dealer, and live in Southampton-row, Russell-square, in the parish of St. George the Martyr, Bloomsbury—it is my dwelling-house—on the evening of the 19th Jan. I was at the back of my shop, and hearing a noise I went into the shop and found the outer door open, which had been before closed—I am quite sure the latch had caught—I missed two oil paintings, worth 11l.;, from the window close to the door—they had been safe just before—nobody had gone out of the shop after I left the door secure till the dog barked—I have not recovered the paintings.
Cross-examined by MR. WILKINS. Q. Is there an internal communication between the shop and dwelling-house? A. Yes, by folding-doors.
FREDERICK WILLIAM WEST (police-constable F 106.) About six o'clock on the evening of the 19th Jan., I saw the prisoner, and watched him—I saw him lay hold of the handle of the prosecutor's door, open it, and go in he came oat with a picture in each hand, and went towards Bloomsbury-square—there is a cab rank there, and I lost sight of him—I went to the prosecutor's—I saw the prisoner again on the Monday following and took him—I had such a knowledge of him before as to be quite positive he is the man.
Cross-examined. Q. How near were you to him? A. He passed by me nearer than you are, before he went to the door—I noticed him as he passed me—he out-ran me—he was dressed as he is now—there was gaslight from the shop window—one picture appeared about a foot square, and the other much larger.
MR. WILKS re-examined. One picture was about 2 feet by 15 inches broad, including the frame, and the other about a foot square.
GUILTY .(†) Aged 21.— Transported for Ten Years.
576. GEORGE FORD, HENRY SMITH , and HENRY WILLIAMS , were indicted for feloniously breaking and entering the shop of James Edwards, and stealing therein 1 sack, value 1s.; and 8 carriage-springs, 7l.; his goods; and that Smith had been before convicted of felony.
ABRAHAM KERR . I am journeyman to James Edwards, a coach-spring maker, in Dudley-court, Denmark-street, St. Giles. I locked up the workshop on the 19th of Jan., about eight o'clock, and took the key home with me—I returned at half-past nine, in consequence of information, and found the lock of the work-shop wrenched off, and the things inside all in confusion-some springs, which I had hung against the wall, were taken down and put into a new sack belonging to my master, ready to be taken away—they are worth 7l.;
Cross-examined by MR. HOWARTH. Q. Where does your master reside? A. At Humpstead—nobody lives at the shop—it is a smith's workshop—nothing is sold there—the springs are ordered and sent home when made—when I returned I found Wynch and a lot of people round the door—I think it would make a good deal of noise to put the things in the shop in confusion—the door opens out into the court—the sack was about two feet from the door—there was no light in the shop—the policeman was outside with his light.
WILLIAM WYNCH (police-constable F 62.) I was on duty in Denmark-street, a little after nine on the 19th of Jan., and on going into Dudley-court, I heard a talking in the prosecutor's workshop—I looked at the door, and found the bar down, and the padlock on the ground—I went for assistance, and Restieaux and Baker came—we then went into the shop, found the three prisoners inside, and took them in charge.
Cross-examined. Q. Had you been round your beat before? A. Yes, about five minutes before—it was all right then—I could not hear what was said when I heard the talking—I heard no other noise—I went with the prisoners to the station, leaving two other policemen in charge of the place, who are not here—I found the sack about half an hour after, when I came back—it was about a foot from the door—I did not see it when I first went—I had no light, but one was turned on—the sack was standing up against the wall.
Smith. I have witnesses to prove I was not there that night; he is false-swearing. Witness. He was one of the three; he escaped that night, and was taken again next day in Marlborough-street.
WILLIAM BAKER (police-constable D 108.) I went to Wynch's assistance at the shop—I noticed that the locks were forced—I found the three prisoners inside, first Ford, and then Smith—he was behind the forge—I collared Ford, and asked what he did there—he said, "Nothing, don't hurt me, Baker, you know me, I will go with you quietly; it is a lag for me"—I then collared Smith, took him out, and gave him to Restieaux—on the way to the station, Ford went quietly to the corner of Great St. Andrew-street—there was then a rush of the mob, and Smith was rescued—I was knocked down in the road with Ford—I held him—he tore part of his coat-sleeve almost off in endeavouring to get away, but I succeeded in keeping him—Restieaux came and assisted me in taking him along after Smith had escaped.
Cross-examined. Q. You have apprehended a good many prisoners? A. Yes—I have been in this Court a good many times—v did not return to the
shop—when I entered it I turned my light on, but did not examine the-premises—I left 135 E in charge of the door—he is not here—I knew Ford before, when he lived at a public-house, in Regent-street, two years ago—Williams was on my left hand when I went into the shop.
Smith. These officers are constantly here to transport poor men innocently; he and Restieaux have had three or four cases this session; they do it for their expenses; I know nothing of the springs. Witness. I have had three cases this session—two have been transported, and the other had six months—I proved two former convictions against one prisoner—we only get paid in one case—I feel a pleasure in transporting such characters, for the benefit of the public.
GEORGE JOHN RESTIEAUX (police-constable E 49.) In consequence of information, I went with Baker to the prosecutor's shop, and found the three prisoners inside—Ford and Smith went behind the forge, and Baker fetched them out—Ford said, "I will go quietly with you, Mr. Baker, it is a lag "—I tied Ford and Smith together with a handkerchief—on our way to the station, at the corner of King-street and Great St. Andrew-street, a crowd rushed on us—they divided me from Smith—they wrenched the handkerchief asunder, and Smith was rescued from me—he assaulted me violently—I pursued, but lost him—I returned, and found Baker and Ford on the ground—we then conveyed them to the station—I went back to the shop and found these headsprings packed up in this sack—I had not noticed the sack before, as I was anxious to secure the men—I left a policeman at the door, and directed him not to let anybody in till I returned—when I returned I found the prosecutor's servant standing just inside the door.
Cross-examined. Q. Where was the sack? A. Close by the door, inside, against a small bench—I had been gone to the station very nearly three quarters of an hour—I have been concerned in a great many cases—I looked behind the forge when I first went in to see if I could find the jemmy which the door had been opened with.
Smith. He transported his own son from here not long ago. Witness., I never had a relation accused of felony—this has often been said by prisoners here—there was a lad tried here three different times, whose mother married a cousin of mine, and this boy out of bravado gave the name of Restieaux.
Smith. He told my sister he would be sure to transport me. Witness. I never said so—his sister and all the family are here.
A. KERR re-examined. I did not notice the sack immediately on going in—I went in very nearly as Restieaux came out—I went right past him—a policeman was at the door—the prisoners had been taken to the station.
Smith's Defence. I had nothing to do with it; when I was taken I was coming from the park; I went into a public-house to have something to drink, and they came in and took me.
----M'Carthy, John Smith, carver and gilder, deposed to Ford's good character; Thomas Ridout to that of Williams; and Thomas Rowley and John Brown, to that of Smith.
JOHN WOODHOUSE (police-sergeant N 15.) I produce a certificate of Smith's former conviction from Mr. Clark's office—I was present at his trial by the name of James Walters, and know him to be the person—(read.)
FORD. Aged 21.
WILLIAMS. Aged 20.
GUILTY of larency— Transported for Seven Years.
SMITH— GUILTY . Aged 20.— Transported for Ten Years.
OLD COURT.—Tuesday, February 13th, 1844.
JAMES EDWARD BARR . I keep a pork-shop in Bagnigge Wells-road. Between eight and nine o'clock on the evening of the 19th of Jan. the prisoner came to my shop, and ordered 2lbs. of pork chops and 1 1/2 lbs. of sausages—she said she came from No. 6, Percy-circus—I said, "What, from Mr. Brusius?"—she said, "Yes," she was servant there, that she had been out for the day, had just come home, they had company, and had nothing for supper—Mr. Brusuis is a customer of mine, and I delivered her the articles—she was brought back in ten minutes by Mr. Meeking, who said she had been to his shop and ordered sundry goods in the grocery line, and represented herself as coming from another house—I asked what she had done with my goods—she said she had not taken them—I gave her in charge.
GEORGE MEEKING . I took the prisoner back to Mr. Barr—I had seen her in his shop and leave it—I followed her—she went to No. 1, Percy-circus, and pretended to knock at the door, but she did not—I went up to her, and asked what she wanted there—she said she wished to see the servant—I said I would knock for her—she asked to see the servant who had lately come there—they said there was not any servant there—I said, "You had better come and show me where to take my goods."
----BRUSIUS. I live at No. 6, Percy-circus. I never saw the prisoner till she was at the police-court—she was never in my service—I never sent her to Mr. Barr's for these things.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy.— Confined Fourteen Days.
Before Mr. Justice Coleridge.
GUILTY of an Assault. Aged 34.— Confined Two Years.
Before Mr. Justice Cresswell.
579. CHARLOTTE SCOTT was indicted for feloniously forging and uttering an acquittance and receipt for 60l.; 14s. 3d., with intent to defraud Nicholas Lord Bexley and others.—Other Counts, varying the manner of stating the charge.
MR. DONE conducted the Prosecution.
GEORGE THOMAS LEE . I am chief cashier to the Provident Institution for Savings, in St. Martin's-place. On the 6th of Jan. this deposit-book was presented to me—the amount in it is 60l.; 14s. 10d. principal and interest, due to the depositor—in consequence of it being presented I filled up a bank receipt, and presented the book to the person who presented it to me—it was a female—she said nothing—I saw her sign the receipt "Ann Lee"—we keep a book with the original signatures of the depositors, which they sign the first time they cone to deposit money—on referring to that signature book I found only a cross—v said, "You cannot be the depositor, Ann Lee cannot write" (previous to referring to the signature-book I saw that she was writing her name, and I asked if her name was Ann Lee, she said it was)—she said, "No, I will tell you all about it; Ann Lee was a very old woman; she is dead; she gave me this book, and wished me to come for the money"—I asked if the deceased had any relatives living—she said, "No"—I asked if she had left a will bequeathing
her the property—she said, "No"—I directed the messenger to take her to the secretary, Mr. Boodle—(receipt read.)
Cross-examined by MR. BALLANTINE. Q. When, did you first recollect that the prisoner said her name was Ann Lee? A. Throughout the transaction—I have never forgotten it—I was examined before the Magistrate—it is my custom to ask their names—when I called out "Ann Lee," the prisoner presented herself to me as such—I am not sure that she said anything—when I asked if her name was Ann Lee, she said it was—that was immediately after she had signed the receipt—she had written the name before she told me her name—I said, "What is your name?"—she said, "Ann Lee"—that was after I had seen the name she wrote—I put the question in consequence of the variation—I knew that Lee made a mark—I did it in order to obtain from her a direct acknowledgment of her name, to ascertain whether she was deceiving me—it was immediately afterwards that she told me it was Lee—I think the transaction could not have taken more then five minutes—I was not in the habit of seeing the person who went by the name of Ann Lee—I have received one deposit from her, which was the last.
EDWARD BOODLE . I am secretary to the Provident Institution—Lord Bexley is a trustee—his Christian name is Nicholas—there are others. On the evening of the 6th of Jan. Holloway brought the prisoner into my room—it was mentioned that she had represented herself as Ann Lee, who was dead—I asked her how it was she came to receive the depositor's money who was dead, without mentioning the fact that she was dead—she said she had not mentioned it, she did not think it was necessary; she was a poor, ignorant woman, and had no one to consult with; she was not aware she was doing wrong—I asked why she had not consulted with somebody at the Bank as to the death—I said we should have been very happy to have given her directions, and asked her who had given the notice the week previous—she said she had done so herself—I asked her why she did not then mention the death—she made no answer—v asked if she was married, and whether her husband had not advised with her—she said no, she had not spoken to him, because he was addicted to drunkenness—v said she had got herself into a serious scrape by having signed the name; that I should detain the book, and she must attend before the managers on the following Tuesday—she mentioned that the depositor had given her up this book during her lifetime, to remunerate her for the trouble she had had with her—she left, and came again on the Tuesday, the 9th, accompanied by a woman and child, and she attended before the managers—she said the depositor was a very old lady indeed, and had died in her house very suddenly, and that she had some time previous upset some vessel of boiling water over her child—she mentioned that as a reason why the deceased had left her the money—she said she had been at no expense for her funeral, she had been buried at the expense of the parish of Marylebone—the managers considered it a case to be investigated, and she was given into custody.
CHARLOTTE CROSS . I am the wife of George Cross, and live in Harley-street, Cavendish-square. I have known the prisoner five years—she lived at No. 25, Nassau-street, Middlesex Hospital—I was lodging with the prisoner just before this—v went to live with her, I think, in May, and continued till a week before Christmas—while I was living there, the deceased, Catherine Bryan, called Ann Lee, came to lodge there, about June or July, and lodged there till she died—she was there seven or eight months—I never heard of her going by the name of Lee—v always knew her by the name of
Bryan—I remember her scalding the prisoner's child—I slept with Bryan till the night that she died—she appeared to me about seventy-seven years old—she said the only way she could recompense the prisoner was, that what property she had should be the prisoner's—Bryan died about ten days before Christmas—I went to a situation that day, and two days after Bryan died, the prisoner came down to the house where I was living in Harley-street—she did not tell me that Bryan was dead—one reason was I was in a very great hurry, and was called away—I saw her again, I think, on the Thursday evening—she then told me Bryan was dead, when I asked her—I then hinted to her the propriety of searching the old lady's bed—I told her the old lady was very reluctant to let me make the bed or clean the room; she did not like to see me do it—one Sunday evening, about five weeks ago, the prisoner told me she had been to the bank—I had not heard a word about it before that—she said she had been to the bank, and was afraid she had done wrong by signing her name at the bank—she did not say what name she had signed.
Cross-examined. Q. You have known her five years? A. Yes—she was a well-conducted woman all that time.
FANNY COPSON . I am a widow, and live at No. 33, Upper Charlton-street, Middlesex Hospital. I was related to the deceased, Catherine Bryan—I called on the prisoner on the 23rd of Dec, after her death, and asked for Mrs. Bryan—she said Mrs. Bryan was gone, dead, and buried at St. John's-wood; that she had left three old gowns and two old bonnets, which hung about the place, which she must take down, as she had let the lodgings—she said Mrs. Bryan bad paid her 18d. on Saturday morning, as she died on Monday, as her week's rent, and 7 1/2 d. was all she had in her pocket, and all she was possessed of—she said nothing about any deposit-book at the bank—she said she died without any relations—I said I was related to her—she said I was no more related to her than she was.
Cross-examined. Q. How often had you seen Mrs. Bryan within the last twelve months? A. It is impossible to say—I had seen her about ten days before—I sometimes saw her once in five weeks, sometimes in ten days.
JAMES FAULKENER . I am visitor's-inspector of Marylebone workhouse. On hearing of Mrs. Bryan's death, I went to the prisoner, and asked if she had any relatives to bury her, or any effects to pay for the burial—she said there were no relatives of any kind, nor any effects, except a few letters in a box, which I took possession of—the parish buried her in consequence of that.
(The prisoner received an excellent character.)
GUILTY. Aged 40.—Strongly recommended to mercy by the Jury.
Confined Two Years.
Before Mr. Justice Coleridge.
MR. WILDE conducted the Prosecution.
ROSINA JOHNSTON . I am the prisoner's wife; he is a mason; previous to the 24th of Dec. we had been living apart for fifteen weeks. On Sunday, the 24th of Dec., he came to my lodgings between five and six o'clock in the morning, but I did not see him—I went in the middle of the day to Mr. Miller's, No. 18, King-street—Mrs. Miller had sent for me—when I got there he was in the house, but I did not see him then—he afterwards came into the room, and asked me how I did—I said I was pretty well—he asked how the
child was—I said, "Quite well"—we have had one child—I wished to leave the room, but he would not allow me—I told him I had some work to get ready for a customer—he said he did not care for customers; he would not allow me to leave the room—the work was for a person who was going out to tea—I told him I wished to go home to get it ready—he said I should not—Mrs. Miller said she would give me needle and thread if I would do it there—she did so—he took the band-box from me, with the work in it—I asked him to give it me back—he said he would not let me have it, except he got to my lodgings—I asked Mrs. Miller for a pair of scissors to cut the trimming of a cap—the prisoner took a pair of scissors from his pocket, and said he had brought them back to do my work—he had taken those scissors away better than a twelvemonth before—I said I did not wish to see them, Mrs. Miller had lent me a pair—he then put them into his pocket—Mr. Miller was in and out of the room, and Mrs. Miller was there all the time—the prisoner wanted me to take him to my lodgings—I said, as I had been before a Magistrate, and been honourably separated from him, I did not wish him to come—he went into the hall, and had my band-box, with the work in it, in his hand—I did not feel inclined to go—Mr. Miller came and wished me to go—the prisoner asked me to go into the back room, and talk with him—I did not wish—Mr. Miller came to me, and asked me to go again—I asked him to go and talk to him; and while he was talking, I got out of the house without him—the lady had sent her servant for the work—I was going back to Mr. Miller, to get him to get the work from him, but I saw him with the band-box—he came out with Mr. Miller—I let him go up the street, then went and asked him for the work—he said I should not have it—I took hold of the band-box, pulled it from him, and ran from him—he came into the street, to strike me—I asked him the meaning of this foolish behaviour, and what he wanted—he said he wanted to go to my lodgings, he wanted to see his child—I told him to go and sit down till I had delivered my work, and he could either go home and see the child, or I would bring it to him—he asked how long I should be—v said it might be half an hour, or better; I would come as soon as possible—he said he would go into a public-house at the corner of the street where I live—he said, if I would not come to him, he would buy pistols, and blow our brains out—I left, and came as soon as possible to the place, which was the Magpie and Stump—I found him sitting there with Mr. Miller—he said v had been to let some person know he was coming—a quartern of rum was called for—he desired me to pay for it, which I did—they had been drinking before v went in—I had a little of the rum—the landlord cleared the house, as it was time for afternoon service at Church—the prisoner told me to lead the way—he wanted me to take him to my lodgings—I said, "Very good, you can come, so that you come quietly"—Mr. Miller wished to go home, but he insisted on his coming with him to see his child—we got to the lodgings—I went in first, and when I got up stairs, my landlady and the old lady who kept my child were sitting at tea—he came up immediately after, and called to Mr. Miller to follow him—on coming into the room he struck at Mr. Miller—he called to Mr. Miller in a very rude way, and asked what brought him there—Miller 'said he came at his invitation—he then turned and struck me, knocked me off the chair, and then turned to strike Miller again—Miller said he did not wish to interfere with him and his wife, and left the room—he said, "Mr. Miller, you have been a fancy man of my wife's," when he struck him—Miller's nose was bleeding, and he went away, saying he did not want to interfere—only me and the prisoner were in the room then, and he locked the door—v wished to pacify him—he said, "Sit still, you shall never rise more"—he had struck me twice,
and at the third blow I became insensible—he had struck me on the temple—I felt the blood spring from my head through my right ear—when I recovered he had got me on the other side of the room—he had dragged me from one side to the other, and was jumping on my breast with his feet, and beating me on the head occasionally—he said he had come to do for me—he gave no reason for this, except saying Miller was my fancy man—I was too much beaten to recollect what he might say, but I recollect his coming forward with a pair of scissors—I put up my hand, and the scissors cut my finger, and went through my lip—I became insensible; and when I came to myself, the floor was covered with blood—my head smarted very much; I felt it bleeding very much, and became quite blind—he shook me, and told me to look up—he said, You are not dead yet"—some time afterwards he called me an ugly name, and said, "Look up, here is your child"—I said, I could not see my child—he said, "You shall never see it more till you are in hell; I could finish you with one stroke, but it would be too much mercy for you"—he said, "I have a deadlier stroke for your heart yet; if your much beloved son was here, you should hear his cries while I thrust his heart, and you could not help him"—he went and opened the door, and listened, and seemed to stand in an attitude—I could not see him, but heard him unlock the door, and he seemed as if listening—some period afterwards I heard voices coming up stairs—the officers then came—I went to the hospital, and was there twelve days or a fortnight—my head is still in a great deal of pain.
Cross-examined by MR. COBBETT. He was at your lodgings between five and six o'clock in the morning? A. He was there better than an hour, but I told my landlady not to let him in—they did not let him in till I had got over the paling into the other yard with my baby—the next time I saw him was at Miller's, between twelve and one—I think he had been there better than an hour—he did not offer me the scissors, but asked if I knew them—he had been drinking, but did not look tipsy—I am confident he used the words I have stated—he has never accused me to my face with going with other men, but behind my back he has scandalised me very much—v heard so from several people—he never had any occasion—I never said anything to him about it—as he was very passionate I thought it better not—I have told him he was very foolish, but he always denied saying anything of the kind—he said not to mind his way, because I was aware he only said it in a passion.
COURT. Q. When did you go to the London Hospital? A. On the Tuesday—a medical gentleman attended me till then, and dressed my wounds.
CATHERINE WEST . I am a widow, and wjis living in the same room with the prosecutrix, and was in the habit of minding her child—v did not hear the prisoner say why he beat his wife—he came on the morning of the 24th, and knocked at the door—Mrs. Ford answered him, "Who is there?"—he said, "Johnston"—she came up stairs to tell Mrs. Johnston, and asked what she was to do—he went away without seeing her—I saw no more of him till about five minutes to three o'clock in the afternoon—Mrs. Johnston came up first and Mr. Johnston afterwards—on the stairs I heard him say to Mr. Miller, "Come on"—he came into the room and Miller stood against the door—the prisoner came in and put his arm round his wife's neck—he then turned to Mr. Miller and asked what he did there—Miller said, "I should not have come only you asked me, to make things comfortable between you, and now I shall go, you seem as if you were likely to be comfortable"—the prisoner turned round, looked at him, and said, "You have no business here," and he struck him—he then turned round to his wife and struck her, then turned to Miller again and struck him and caused his nose to bleed—I heard nothing said
about a fancy man, or why he struck Miller—he then turned and repeated the blows to his wife, and said, "I will do for you"—I was in the room all this time—I begged of the prisoner to govern his passion—he said he wanted to see his child—I went down stairs to fetch the child, and as I came up he aimed a blow, but I am not able to say whether he meant it for me or the child—he did not strike either of us—he struck against the door—I went down to speak to Mrs. Todd—Miller had gone down after he had the second blow—I told him he had better go down—when I came up again I found the door locked—I knocked, and the prisoner opened it—I took the key out of the door and put it into my pocket—I saw a great deal of blood about the room—his wife was removed from where be first knocked her down, up to the opposite corner under the clock—she was sitting on the floor with her bands extended on the ground supporting herself, bleeding furiously, and holding her head down—I went for a constable—I could not get one at first, and went to Denmark-treet—the prisoners had been drinking, but was not quite tipsy—I think be knew perfectly well what he was doing—v did not hear him say anything about a man being in bed with his wife till the police came—when v remonstrated with him and held his bands, he said if I did not leave the room be would serve me the same.
Cross-examined. Q. Did you go down for the child as soon as he asked for it? A. Yes—that was after he had knocked his wife down, and while she was on the floor—I went down and returned immediately with the child—he was very violent—when he aimed the blow I stooped, and be hit the door—he was striking every thing, he appeared in a mad state—is ten months old.
WILLIAM MILLER , cabinet maker. No. 18, Lower King-street, Commercial-road, About ten or eleven o'clock on the 24th Dec. I saw the prisoner, and went to the Magpie public-house with him—I fell in with him again, and he persuaded me to come with him—we had some liquor at the Magpie—his wife was with us then—she met him as she bad promised—she was not with us at first—I think we had about three quarterns of rum between us three, what he had before I do not know—we had had about half a pint of rum at my bouse between five or six of us—after we came out of the public-bouse, he persuaded me to stop a few minutes longer with them as I had been so kind to them—I said I would go as far as the door—he begged me to come up with them—I said no, I had had enough of their family affairs—he went up, and I staid there for a few minutes to see how they got on up stairs—hearing all was not quiet, I went up and said, "Halloo, Mr. Johnston, I thought you were all comfortable up here"—as soon as I said that be gave me a blow on the nose, and made another hit that I did not get—he made use of a very bad expression, and said, "Go out of my room"—he did not say why he struck me—he behaved very well all the time he was with me—I did not hear him say anything about fancy man—as soon as got the blow I was struck-like, I did not know what it was or what to think of it, and left the room to wash my nose.
Cross-examined. Q. Do you mean to say he struck you the moment you got up stairs? A. Yes—as soon as I got within the door—I was half in the room and half out—I do not think I had stood there a moment—I went up because all was not quiet, and the landlady told me to go up—I did not say when I got up stairs, "Seeing you are pretty comfortable, I shall go," that was at the street door—he never accused me of being his wife's fancy man that I know of—v never heard him.
the prisoner—I saw his wife lying on the floor—there was a great quantity of blood on the floor—she was bleeding from the head, nose, mouth, and ear—the prisoner was sitting on a chair—I saw something bright in his hand which Iconsidered at the moment was a knife—I asked him what he had done with that knife—he said he had no knife—I senrched about, but could find no knife or any implement like one—I told him he must consider himself my prisoner, and come with me to the station—he asked me to wait a few minutes, for his wife would forgive him for what he had done—he was the worse for drink in my opinion, but was quite sensible of what he was doing—on the way to the station he said he had found a lump of an Irishman about six foot high with his wife when he entered the room, in the very act of committing adultery, and he asked me if I would not do the same as he had done if I found the same when I went home—he said he had given the man a d—d good slap at the side of the head and kicked his * * * down stairs—in searching him at the station in the morning I found on him this pair of scissors and a sixpence—his shoes were all clotted with blood, and the fore part of the legs of his trowsers, about three inches high, were all wet and clotted with blood.
CHARLES THOMAS BLACKMAN . I am a medical student and house-surgeon at the London Hospital. On the 26th of Dec. I admitted the prosecutrix into the hospital—I found two wounds on the head, one on the upper lip, and another on the hand between the two middle fingers—her head, face, neck, and upper part of her chest were covered with contusions—she was in a very weak state, and there was great difficulty of breathing—she was sent to bed—all the wounds were incised wounds, and were very likely to have been inflicted with such an instrument as these scissors—she was released as an inpatient in about a fortnight.
Cross-examined. Q. You found no wound on one of the fingers? A. No, it was between the fingers, on the hand.
Ann Connibear, College-street, Westminster; Ann Ladd, No. 69, Orchard-street; Elizabeth Harris, William Harris, Hannah Kitchen, and Alexander Gibson, deposed to the prisoner's good character.
GUILTY . Aged 32.— Transported for Fifteen Years.
First Jury, before Mr. Recorder.
MR. WILDE conducted the Prosecution.
HENRY HOWES . I am labourer to Mr. Hall, and live near Renter's farm, which was occupied by Mr. Hatton, a farmer. I was present on Tuesday evening, the 16th of Jan., when Mr. Hatton died—I knew him very well—he was in as good health as he could be, before the accident in question happened.
Cross-examined by MR. CLARKSON. Q. How long had you known him? A. About five month—he was about fifty-nine years old—I never saw him tipsy—I knew very little of his habits.
JOHN WYNDHAM HOLGATE . I am a surgeon, and live in Beard-street, Hendon. I attended the deceased the day after the accident—on removing the dressing of his head there was a long torn wound extending five or six inches to within an inch of the outer corner of the right eye—it went through the integuments down to the bone in front of the head—he died from nervous spasm, from locked jaw, which in my opinion arose from the injury—that is not the reasonable result of concussion—it does sometimes arise after wounds
of comparatively small importance—we do not usually find locked jaw after injuries of the head—much oftener from injuries to the extremities.
Cross-examined. Q. Did you know him before the transaction? A. No—at the end of the third day the constitution was giving way—there were preliminary symptoms of what is called delirium tremens—the nervous system was shaken—there was no fractured skull—I should not have recommended his being driven home a few hours after the accident, but should not consider that accelerated the complaint—there was no post mortem examination—I saw him twelve hours after the accident—if concussion of a serious character had followed it must have subsided before I saw it—I feared very much for hit life, and was surprised at his going on so well as he did—it was a serious and alarming wound.
MR. WILDE. Q. can you tell whether the symptoms of delirium tremens arose from drinking habits or the injury? A. Most men of his class of life receiving a shock present such symptoms, not quite delirium tremens, but something like it—a concussion weakens the nervous energies.
JAMES TIFFIN , baker, Gray's Inn-lane. On Saturday, the 6th of Jan., I was in a chaise with the deceased—he was driving himself, and just by Judd-place, in the New-road, at half past two o'clock in the day, I saw one of Mountain's omnibuses, driven by the prisoner—there were two omnibuses going at the rate of nine or ten miles an hour, coming the same road, and the company's buss, wanting to pass the other, which the prisoner drove—they were very close together—we were in conversation about something very particular, and Hatton was driving at not more than five miles an hour—the prisoner's buss came in contact with our chaise, lifted it up, and pushed Mr. Hatton, who was driving on the off-side, off his seat—his hat fell off—when the buss left go of the chaise, Mr. Hatton pitched out on his head.
Q. How did the omnibus come in collision with the gig? A. On the nearside of the road, it struck the off wheel of the chaise, and lifted the gig up—I should say the road is thirty-five or forty feet wide—there was a great deal more than space enough to pass the gig on the proper side—the gig was on its proper side—I think it was caused by the company's omnibus coming behind the prisoner's—when the omnibus had got hold of the gig, the other omnibus passed by on the other side of the omnibus, there was plenty of room for all three—the gig was within four feet of the curb—the gig was about six feet from wheel to wheel—Mr. Hatton was perfectly sober for anything I know—I had been in his company about a quarter of an hour.
Cross-examined. Q. Were you talking on a subject interesting to you both? A. Yes—we had been drinking beer at the Globe, at the corner of Baker-street—he drank no spirits with me—he had no brandy—we were in earnest conversation respecting his son—he talked with great earnestness—I never saw him drink spirits—I did not see the omnibus till it came in contact with the chaise—I do not recollect saying I saw it in Tottenham-court-road—I went with Mr. Hatton to the doctor's, and heard him make use of bad words there—Mr. Simmonds did not say he smelt of liquor.
Cross-examined. Q. Did he smell very much of liquor? A. He smelt of spirits, decidedly—he was taken to Bid borough-street—I called there about twenty minutes after, and saw him with a glass before him, which, from the colour, I fancy was rum—I interdicted him from drinking it—I understand he went to Hendon in a jolting chaise, which was the most injurious thing that could be done—he swore at me very much after his wounds were dressed, and called me a b—y doctor—if that had been while dressing his wounds, I
should have thought it was from pain, but as it was after, I thought it was liquor—excitement might come on, but not so soon after the accident—he did not manifest any excitement while being dressed—the accident might reduce excitement if he was intoxicated before—it might be the effect of the injury he received.
MR. WILDE. Q. Did not you advise that he should go home? A. No, quite the contrary—I put three sutures on his wound, and adhesive plaster—that could not increase the irritation.
JOHN CURTIS . I live with my father, at Thornhill-wharf, Pentonville. On the 6th of Jan. I was at King' s-cross, and saw two omnibuses going at the rate of about nine miles an hour, within three or four yards of each other, I think, but I could not plainly see the Association one which was behind—they were coming towards me—I saw the Great Western omnibus, in attempting to pass the chaise, catch the near hind-wheel, and throw the chaise half over, and when it came down again it pitched the deceased out on his head—there was no difficulty in passing—the road is fifty or sixty feet wide—the chaise was three or four feet from the curb, and going at the rate of four or five miles an hour—I think with ordinary care the accident might have been avoided—the prisoner did not stop—I ran after him, seeing Mr. Hatton was bleeding from the head—I said to him, or the conductor, "You had better stop, I think you have killed a man!"—I hallooed three or four times, both the conductor and the prisoner were turning their heads—a gentleman inside put his hand out, and insisted on their stopping.
Cross-examined. Q. How long was the gig in your sight before this happened? A. Not more than two or three minutes—it was the hind-wheel of the omnibus that struck the chaise—it caught the tires of the wheel—it was sixty or seventy yards from the Cross—the omnibus stopped parallel with the Cross—I have seen the Great Western omnibuses before—I think they are more carefully driven than other omnibuses—the practice of the other proprietors is to put one omnibus before, and another behind, to hunt them.
The Hon. CHARLES LENNOX BUTLER. v live in Grove-end-road. I was in this omnibus—I entered it near Harley-street—it went at a fair pace to the corner of Tottenham Court-road—we started from there at a rapid pace, and I observed another omnibus running at the side of us—both drove at what I considered a fair pace till we arrived at Euston-square—they stopped at the side of the square, as if to rest for a moment, then drove at a very fast rate indeed, till they arrived at the spot where this accident happened—I was in such a state of alarm, that I took out my pencil and entered the number of the omnibus I was in, and the one that was racing against us—I put my pocket-book back, and in two minutes this occurred—I saw somebody thrown out of a chaise—v sat facing the window next to where it occurred—there were not many passengers, but they were all shook, or raised off the seat, by the concussion—I immediately called to the conductor to stop—he took no notice—v called a second time more peremptorily—he then called to the driver, who stopped—a man ran up and told him to stop.
Cross-examined. Q. On which side of the omnibus were you? A. On the right, and about the centre—there were five other passengers—I summoned the two drivers before the death occurred—I cross-examined the witnesses before the Magistrate—v was brought up to the law, but did not take to it—v have not employed any attorney.
COURT. Q. You thought mischief would arise, and gave information when it occurred? A. That is all—I never saw the deceased before, or the driver.
Cross-examined. Q. How long before the accident had you seen him? A. About half an hour—he passed me between St. Pancras church and Tottenham Court-road—I first met him in the New-road, about half-past two o'clock—he asked if I had got a load—I said, "Yes"—that is all that passed—I have not seen him drunk for some time—he had left off drinking to excess for about half a year—I never drank with him—I never knew him drunk for two or three days together—he was certainly sober when I passed him.
MR. CLARKSON called
JOHN HARDIMAN . I am a plumber, and live in Threadneedle-street. I was in Mr. Simmons's shop when the deceased was there—Tiffin came in while I was there—the deceased was evidently under the influence of liquor, and I should say decidedly Tiffin was drunk—I was merely passing, and went in—I never saw the prisoner before.
MR. WILDE. Q. What is your definition of decidedly drunk? A. Why, by his gestures, or his face, seeming not to be interested in the person wounded, going away and leaning on the counter, and giving his opinion of every thing—he could walk, but evidently could not stand still.
COURT. Q. Had you seen Tiffin before? A. No, nor the deceased—I went up to Tiffin, and asked if there were any friends whom he could take him to—he said he did not know anybody, and murmured something to himself—he evidently seemed decidedly intoxicated.
Q. Why do you infer the wounded man was under the influence of liquor? A. His strong belching of wind, which was evidently impregnated with spirits—I form my opinion without knowing the previous circumstances.
JAMES ACKERMAN , butcher, Bear-alley, Farringdon-street. On the 6th of Jan. I was on the outside of the omnibus driven by the prisoner—I was examined by the Coroner, and bound over—I was not examined before the Grand Jury—I sat next the prisoner, on the off side—he drove from Lisson-grove to Tottenham Court-road, at about seven or eight miles an hour; if any thing, it went slower—from there to King's-cross I did not observe any racing—an omnibus passed us, as we stopped to take up a passenger, by Park-square—as we approached King's-cross, I saw a chaise, and two persons in it—it was four or five yards behind a cart—the prisoner hallooed out as loud as he could, and the man in the chaise pulled the off rein, which pulled the horse on to the omnibus—when he saw that, he pulled the near rein, which turned the wheel of the chaise round—by so doing, the omnibus wheel caught the chaise wheel, and lifted it off the ground twelve or fifteen inches, and, with the concussion, the person driving pitched on his head, without putting his hand out to save himself—I never saw a man pitch out so helpless—I had noticed the gentleman in the chaise when we stopped at Cleveland-street—I remarked to the prisoner that he was a country farmer, but he looked to me a little mumpy, as if he had drunk too much—the prisoner was not the least in fault—it was impossible to help it—there were two omnibuses coming at the time to meet us—had the chaise been in a straight direction, nothing would have happened—the prisoner was pinned in with these two omnibuses, and had no chance of getting out of the way.
COURT. Q. What was there to prevent his waiting for the two omnibuses to pass? A. He was on the wooden pavement, and there was plenty of time for the person driving had he kept behind the cart, nothing would have happened—the cart was ahead—he turned to pass it—then the omnibus man hallooed
to him—we were not going at more than six or seven miles an hour—there was an omnibus close on the one the prisoner was driving, coming in an opposite direction—had he moved three inches further on the off-side he must have been on it—we were on the left hand side of the road, coming from Seymour-street—it was natural to go by if there was room—I could not see the omnibus that was coming the same way—we were not more than four or five yards behind the chaise, and could not stop in an instant—I stated before the Coroner that two omnibuses were coming in an opposite direction—(looking at his deposition)—this is my handwriting—(the deposition being read, did not state this fact)—that question was not asked me at the time—I did not see the omnibus behind at the time of the accident—as soon as I gave my evidence I was asked no more questions, but was told to leave the room—I was not asked whether there was room for the chaise to pass.
MR. WILDE. Q. Have you known Gilbert long? A. I should say about six months—I never rode on the omnibus before—I have not been frequently in his company—nothing attracted my attention to make me look behind while we were passing the chaise—I had my eyes before me at the time the man in the chaise pulled his horse under the omnibus—the near wheel caught the gig—I cannot say whether it was the hind or fore wheel, as I was on the off side of the omnibus, but from what I did see of it I should say it was the fore wheel—the man pulled the horse on the omnibus first, then by pulling the rein checked the horse, made it stand still, and by that means turned the chaise round—I was in advance of the gig, but previous to the omnibus catching hold of the chaise at all the old gentleman pulled the rein, which pulled the chaise round—I heard it come in contact—I saw the chaise more forward when the wheel caught it, and saw him pitch out—I looked over the coachman's shoulder—there was a young gentleman sitting outside besides me.
COURT. Q. If you could see all this, the driver could see it? A. Very likely—he was nearer than I was—he had as good an opportunity or better of noticing the embarrassment of the driver, but neither me or any man ia England, at the time the chaise wheel was turned round, could pull the horses up in time to save the concussion—the prisoner hallooed to him before he pulled the wrong rein—I should say the gig was five or six feet from the curb—there was plenty of time for the gig to pass on the near side of the cart—there might be two or three carriages' width between the omnibus and the other side, but he could not get to that side of the road because two omnibuses were coming in an opposite direction to meet him—I have been in the habit of driving for years, and have horses of my own.
DAVID OLIVER . I live with my father, who keeps the Load of Hay poblic-house, in Praed-street, Paddington. I was outside Gilbert's omnibus—before it came to King's-cross it was going at the rate of seven or eight miles an hour—it was not racing with any other omnibus—I observed two gentlemen in a chaise at King's-cross going in the same direction—just as the omnibus got near the chaise the driver pulled the right hand rein and pulled the chaise right across the omnibus, and when the omnibus man saw that he was very near to him he hallooed to the man to tell him where he was going—I did not then see the deceased do anything—the prisoner pulled his horses to get away from the chaise, and in so doing the back wheel of the omnibus I think caught the wheel of the chaise—he could not possibly have avoided the accident, the man pulled so suddenly before him—he did try to prevent it, but could not—he could not have checked his horses mure than he did.
COURT. Q. How many omnibuses did you see? A. I saw two coming in a different direction, from King's-cross, and one besides the one I was on
going the same way—I think I mentioned about the other two omnibuses before the Coroner—I did before the Magistrate, if I did not before the Coroner—perhaps I did not state all I knew before the Coroner—I saw the two omnibuses just at that time, which prevented the prisoner getting further to the right—I did not see the one that was going in the same direction at that time—I was sitting on the box on the left hand side—I had seen the prisoner before this—he very seldom comes to my father's house—he is a chance customer—I believe the omnibuses sometimes go past my father's, and sometimes they stop there—I do not know the names of the omnibuses that were coming in a contrary direction.
JURY to MR. BUTLER. Q. Did you see two omnibuses coming in a contrary direction? A. I was inside the omnibus, and could not see anything before me—my back was to the right side.
JOSEPH CHICK . I am shopman to Mr. Furness, an oilman, at King's-cross. I was examined before the Coroner, and was bound over—I was walking in the New-road a few yards from the deceased's chaise, and saw him thrown out—I saw the omnibus the prisoner was driving, and heard him halloo out to the old gentleman for him to go nearer to the curb—the old gentleman pulled the off rein—Gilbert could not pass to the right of the chaise because there were two omnibuses passing the other way—he could not pull up or stop the omnibus to prevent what happened, on the wood pavement.
HENRY COXETER , of St. John-street, Clerkenwell. I was riding in the New-road on a gray horse behind Gilbert's omnibus—I saw the hind wheel catch the wheel of the gig and lift it up, it rebounded down again, and then I saw one person in the gig instead of two—I was about twelve yards behind, and I saw the horse's head come to the off-side towards the omnibus at first—then the person who was driving, I suppose, pulled the rein, because I saw the horse's head come first one way and then another—whether that was from the alarm of the omnibus coming, or from the act of the driver, I cannot tell—the moment the horse's head went the other way, the gig tripped up and went down again—from what I saw I should say Gilbert could not have done anything to prevent it—there was one omnibus about eighteen or twenty yards behind Gilbert's, and this gig was three or four yards from the curb when Gilbert passed it.
COURT. Q. Was there not two-thirds of the road vacant beyond Gilbert's omnibus? A. No—there was an omnibus coming from the City towards Paddington at the time, and there was a cart almost behind one omnibus and alongside the other—there were carts and things coming along, occupying the space.
Q. On your oath, have you not stated directly the contrary? is this your handwriting? A. Yes—(the witness's deposition being read, stated there was two-thirds of the road vacant by the tide of Gilbert's omnibus when the accident happened)—I said as I say now, there were omnibuses meeting—there were not two-thirds of the road vacant—I do not know why I did not correct this when it was read over to me—they must have made a great mistake, and I not paid attention to it when it was read—I had only arrived from France a week, where I have been living—I was about thirty yards behind.
EDWARD MILLER . I live in Arlington-street, and am foreman to Mrs. Bull, an omnibus proprietor at Paddington—I was driving a cart in the New-road, behind the deceased's chaise—the omnibus was at the side of me, going at about seven miles an hour—I saw the horses' heads get abreast of the chaise—the deceased on that pulled the reins so as to bring the horse's head to the near side, towards the curb—the omnibus wheel instantly caught the chaise and threw the gentleman out—I saw no racing of the omnibuses—there
were several things passing at the time, some going to Paddington, and one or two omnibuses coming from the City going in an opposite direction, very close to the spot—I should say that prevented Gilbert from going more to the right, away from the chaise—if the horse's head had not been pulled on one side and thrown the wheel out, he would have got by—I saw he was frightened by his pulling the rein, he nearly stopped—if he had kept straight on nothing would have happened—he had passed me in the same direction—had he hit the horse at the same time he pulled the rein he might have got out of the way—the wood pavement is very greasy there, it is just laid down.
GEORGE MARRISON . I am conductor to the omnibus No. 40216. I was in the New-road and saw the accident—I saw no racing—Gilbert's omnibus was driving at seven or eight miles an hour—he called to the old gentleman in the chaise, who at first pulled the off rein and then the near rein sharp, which backed the chaise wheel against the omnibus wheel—that was the cause of the omnibus going against it—from what I saw Gilbert could not have done anything to prevent it—he could have prevented it if the chaise had not happened to back—I have every reason to believed the accident would not have happened but for that.
MR. WILDE. Q. You were conductor of the prisoner's omnibus? A. Yes—my stand is on the near side, and I was looking on the near side—I am looking out for passengers at times—I saw the chaise before the omnibus touched it—I was looking towards King's-cross.
COURT. Q. How often were you called to before you stopped the omnibus? A. After the accident happened, twice—I gave notice to the prisoner immediately, the wood pavement being so slippery he could not pull up at first—I called to him the first time I was told to do so—I did not feel the concussion when we came in contact with the chaise—I know the wheel of the chaise took it off its feet and off the ground—the man fell out of the gig after we got clear of the wheel—I saw that—I called to the prisoner before I was called to—the gentleman called to me immediately the accident happened, and I called to the driver directly.
MR. PAYNE. Q. Did the coachman get down? A. Yes, and went and sat in the doctor's shop eight or ten minutes.
COURT. Q. Did you see another omnibus going the same way as yourself? A. Yes—we had not been racing, nor going as fast as we could—the omnibus passed us once and stopped to pick up a passenger, and we passed it again—we were not going more than seven or eight miles an hour then—at the time of the accident the other omnibus might be about ten yards off—we were a-head—I could not see whether there was room to pass on the of side, but there was on the near side if the chaise bad not backed—the last passenger we took up was the gentleman in Devonshire-place—there is no wooden pavement there—the other omnibus took up their passenger, I think, between Cleveland-street and Tottenham-court-road—we had neither of us stopped from the commencement of the wood pavement—we cannot pull up just at a moment, even if a passenger hails us.
Q. Why not pull up if the road was crowded? A. There was room to pass if the chaise had not backed against us.
EDWARD STAINTON . I was driving an omnibus in the New-road towards Paddington, from the City. Gilbert's omnibus was driving about six miles an hour—when I first saw it, it was coming down the road—I was within twelve yards of it when the accident happened—I was going on my near side and another omnibus got before me—I do not think there was room for Gilbert to clear the chaise by coming nearer to me—if the chaise had been nearer the curb there would have been—I do not think four omnibuses can
pass abreast there—there was nothing to prevent the omnibus passing if the chaise had pulled on one side—the chaise, in my judgment, occupied half the road, which is about nine or ten yards wide—we should take six feet—I think the gig was about the centre of the road—I dare say he might have passed on the near side—it takes a few yards to pull up on the wood pavement—six miles an hour is not a very slow pace.
MR. WILDE. Q. The wood pavement has lately been put down, has it not? A. Yes, more than a fortnight—I have been driving there a week.
GEORGE SOLOMON JOHN HANDS . I was in the New-road on this day, driving an omnibus towards Paddington. I was about twenty yards from Gilbert's omnibus—I saw the chaise come off the wheel of the omnibus, and the old gentleman fall out—the horse and chaise were towards the curb when it happened—Gilbert tried to pull out of the way all he could, and so did the chaise, and the two came together by that means.
COURT. Q. Were you in front of Stainton's omnibus or behind it? A. In front—I was nearer to Gilbert's omnibus than he was—I was coming from the City, and so was he—the prisoner was coming in a contrary direction—I never noticed the omnibus behind me to see how far off it was—if the prisoner had turned from the gig and pulled further off, he would have driven through the pannels of the buss behind me—I had noticed the prisoner—I had passed him—the road is about thirty or forty feet wide where this happened—my omnibus coming up in front prevented the prisoner taking a more middle line of road—we generally try to keep the middle of the road, except when passengers hail us—there might have been room for three omnibuses to pass, besides the gig.
MR. PAYNE. Q. Did the omnibus, coming in a direction towards him, keep so near to him that he could not go more to the right than he did? A. He could not go any more to the off-side, the omnibus behind prevented him—I had just passed the buss behind.
WILLIAM TITFORD , undertaker, 48, Chester-placet Kings-cross. I was at the corner of Liverpool-street, New-road. Isaw the old gentleman in the chaise, and the prisoner's omnibus—the deceased pulled the reins in the act of crossing the road, as I supposed to go up Gray's Inn-road, close to the front of the horses—several people called out loudly to him, and I called myself, and the omnibus man pulled as well as he could—his fore-horse's legs were in a sliding position when the box of the near-side fore-wheel came under the box of the chaise-wheel, lifted it off the ground, and when it came on the ground again, it shook him from his seat, and he fell over like a person jumping out of the chaise—I ran over, raised him from the ground, and found his head in a dreadful state—I said they had better take him to the hospital—he said, "Oh, no, d—it, it is all right"—I took him to a doctor's—a person came up to him, I think he called him Low or Crow—he said, "Well, Master Hatton, how did this happen?"—he looked up and said, "Well, Low, I am glad there is somebody here I know"—we got his arm in a sling and helped him across the road to the doctor's—from what I saw, it was impossible for the prisoner to have done more than he did to avoid the accident—an omnibus had drawn up on his off-side, and he must have pulled into the pannels of that omnibus or the chaise.
COURT. Q. Which wheel of the omnibus was it that did it? A. The fore near-wheel—I think the road is wide enough for six vehicles there—it most be from ten to twelve yards wide—there was another omnibus and a cart coming from the City in front of him, and he must have driven into one of them—there were omnibuses close on the other side of him—it was impossible for him to pull the other way—I am not in the habit of driving.
JOSEPH LOW re-examined. I saw Titford and Mr. Hatton on this occasion—I helped to take Mr. Hatton up, and never left him till he had his wound dressed—I believe him to have been perfectly sober—I have known him many years, and would take on myself to say, he was perfectly sober.
NOT GUILTY .
OLD COURT.—Wednesday, February 14th, 1844.
Third Jury, before Mr. Justice Cresswell.
MR. ATTORNEY GENERAL, with MESSRS. WADDINGTON and CHAMBERS, conducted the Prosecution.
JOHN HOLLAND . In June last I was in the service of Mr. Cotes, liverystable keeper, Chelsea—he lets out carriages for hire. On Friday night, the 30th of June, Colonel Fawcett ordered a carriage at my master's to take him up next morning—I think at a quarter to five o'clock—on Saturday morning, the 1st of July, I went to Colonel Fawcett's house, No. 188, Sloane-street, Chelsea—I got there at a quarter to five o'clock with a brougham, a close carriage with one horse—Colonel Fawcett came out in ten minutes or a quarter of an hour, and got into the brougham—he directed me to drive to the Hay-market—I drove to No. 21, Hay market, to the shop of Mr. Williams, a bool-maker—Colonel Fawcett got out, and rang the bell, and went into Mr. Williams's house—he came out in a quarter of an hour or twenty minutes,—another gentleman followed him—they got into the brougham—I was ordered to drive to, I think, No. 29, or 27, Great Portland-street—the other gentleman got out there, rang, or knocked, went in, and remained, I should say, twelve or fourteen minutes—he came out, accompanied by another gentleman—the gentleman who came from Portland-street came out and asked me if I knew the Brecknock Arms—the gentleman at the bar looks like that gentleman—it was a man who had mustaches on—I think it is the same gentleman—he is altered, rather—I fancy his hair is darker—he asked me if I knew where the Brecknock Arms was—I told him I did not—a close street cab also drove up to the same house after the gentleman spoke—I saw the driver give the gentleman who came out of the house a card—the gentleman asked him if be knew the Brecknock Arms, Camden-town—he said, "Yes"—he got into the cab, and ordered me to follow the cab—the gentleman from the Haymarket got into my brougham—Colonel Fawcett had remained sitting inside all this time—the cab drove on towards Camden-town—I followed it, it pulled up for a second or two, at the barracks in the Regent's-park, the Portland-barracks, I think they call it—I saw the gentleman in the cab put his head out of the window as if he was inquiring for something—I did not hear him speak—he was rather too far off—I did not observe his face then, to recognize him—I did not stop at the barracks at all—I caught them just as they went on, and followed them again—we then drove to the Brecknock Arms—the gentleman got out of the cab, and gave the cab man his fare, I believe he gave him some money, and he drove away—I observed his face at the time he was paying the cab man—the gentleman at the bar looks very much like him, in my opinion he is the gentleman—the gentlemen in my brougham got out also—there was a gentleman's open carriage or hack there when we drove up—another gentleman came up and spoke to the gentleman who left Portland-street—he was a stoutish gentleman—I believe it was Mr. Monro—I know
Mr. Gulliver, the surgeon—I did not know him before—I saw him there—I am sure he was not the gentleman that came and spoke to the gentleman that came from Portland-street—the gentlemen then went away—some went into the field, and some went to the toll-gate—I think the gentleman from Portland-street, and Mr. Monro, went away, and Mr. Gulliver went out of the road into the field, which is close to the Brecknock Arms—Colonel Fawcett and the gentleman who came from my carriage, walked through the toll-gate on the main road, towards the same field as the other gentleman had gone—the main road is along the side of the field they went to—there is only a board paling which separates it from the road—I saw them go through the toll-gate—I could not see them further—I also lost sight of the gentlemen who went into the field—the last gentleman I saw was Colonel Fawcett and the gentleman from the Haymarket come back again across the road, through the toll-gate, and go into the same field that the other persons had gone into—after they got into the field, they went on in the direction the others had gone—I lost sight of them, and some time after that I heard the report of a pistol or gun—I do not think I heard more than one report—I looked in the direction the report came, and saw two gentlemen coming across the field that led into the road, coming towards the gate, towards the Brecknock Arms, in an opposite direction from that in which I had seen them going before—one was, I think, Mr. Monro, and the other was the gentleman from Portland-street—they were both coming together—they came out into the road, and ordered the coachman that was driving the open carriage, to drive them to the barracks—he was waiting at the Brecknock Arms—I cannot say which of them gave that order—they got into the open carriage, and were driven off—I was there for some time after they were gone, and the gentleman I had taken up at the Haymarket, came to me, I suppose in full fourteen minutes after, and wished me to go with him—I went—he took me first across the field, near the road, then across another field into a third—I then saw Colonel Fawcett lying on the ground—Mr. Gulliver was with him—he appeared to be in a dying state—I assisted in taking him to the Brecknock Arms—they refused him admittance—I then drove the gentleman who bad been taken up at the Haymarket to Dr. Liston.
Cross-examined by MR. WILKINS. Q. Had you seen the gentleman you call Mr. Monro before? A. Never—I only call him Mr. Monro from something I have heard—Colonel Fawcett was not known to me before; I did not know it was him till next morning.
CHARLES LONGMAN . I am a private in the Royal Horse Guards, Blue, and was servant to Lieutenant Monro, and have been so ten years. I did not know Mr. Grant while I was living with Mr. Monro—I never saw him in company with Mr. Monro—I think I had seen him once in town walking with my master, but I cannot say what street it was in—I cannot swear to him—he was something of the description of the gentleman at the bar, but darker hair—it was two or three months before July—besides a room in the barracks, Mr. Monro lived in Brompton-square, before we were quartered at the Regent's Park Barracks; and he was living, just before July last, in Munster-street, Regent's Park—he usually slept at home—he had moved his family to Brompton-square a fortnight or a month before—on the night of the 30th of Jane Icannot say where he slept—I did not sleep at the house—I saw him about eight o'clock that night, outside the barracks—he gave me directions that the regiment would march in the morning, and I was to get all things ready—I slept at the Jew's Harp, close to the barracks—on Saturday morning, July the 1st, I came to the barracks about three o'clock—master called to me, about a quarter before five, out of the stables, and told me he wanted breakfast—I went and got breakfast ready for him,
and he had it; I rather think Mr. Gulliver breakfasted with him, but I was in a hurry, and cannot say—I afterwards got the carriage ready, a four-wheeled carriage; I think you call it a chariot—it had only one horse—my master and Mr. Gulliver got into it—I drove to the Brecknock Arms, Camden-town—they got out there, walked about a short time, and then a four—wheeled carriage came, a brougham, Ibelieve—two gentlemen got out of it—a third person came up in a street cab, and got out—there were five persons altogether—I only know two of the five, my master and Mr. Gulliver—I do not think I should know the two that got out of the brougham, and the one that got out of the cab, not to swear to them—it was quite light, but I had my horse to attend to—the gentleman that got out of the cab had moustaches—very soon after the five had alighted, they walked away, two down the road, and the other three down the fields—I lost sight of them—in fifteen or twenty minutes I heard the report of fire-arms, but cannot say whether it was one shot or two—in ten or twenty minutes after the report I was Mr. Monro—some gentleman came a little way behind—I cannot swear, but to the best of my recollection it was the gentleman who got out of the cab—they got into my master's carriage, and I drove them to the Regent's Park Barracks—they got out there—I got off the box on the right side, to hold the horse—master got out on the left, opened the door, and let the other gentleman out at the left side—they both went into the barracks—I have no recollection of seeing the prisoner anywhere—I do not think he is the person—he might be something like, but his hair is a great deal darker, if he is the person—my master left the barracks that morning—I cannot say whether he went to Knightsbridge Barracks or not—I have not seen him since.
ELIZABETH ARNOLD . I am the wife of John Arnold, of No. 27, Great Portland-street. I let lodgings in the course of last year—I had lodgen there in June—the prisoner lodged there—I have no doubt of his being the person—his appearance was not different to what it is now—he wore hair on his upper lip—he lived there about twenty weeks—the last time I saw him was Friday, the 30th of June, about four o'clock in the afternoon—I know Lieutenant Monro by sight—he breakfasted with him that morning—he was in the habit of coming backwards and forwards to Mr. Grant, I think, for weeks—I cannot tell how I learnt his name, but I have heard it mentioned—I believe he was there again on the same afternoon—I did not see him—I heard he was there—I did not hear his voice—Mr. Grant came home again that Friday evening, I should say between nine and ten o'clock—I did not see him—I never saw him after four or five o'clock in the afternoon—the last time was when he was outside, passing the window—his portmanteau and things were left, and were taken away some months after—he had given no notice of going away—I had no other gentleman lodger in June last.
SARAH LONGMAN . I lived as housemaid to Mrs. Arnold, in Great Portland-street. Lieutenant Grant, the prisoner, lodged there—I have no doubt of his person—he wore mustachios—I know Mr. Monro—he was at my mistress's sometimes two or three times a day—he came to see Mr. Grant—I was not there any part of the day on Friday, the 30th of June—I was out of town—I returned on the same evening, and saw Mr. Grant in the parlour in his apartments—I know he did not sleep there that night, because his bed was not tumbled in the morning—he did not return again that I know of till the 22nd of last month—it was then he took his things away.
JOHN WILLIAM HEINKE . At the end of June and the beginning of July last I was living at No. 103, Great Portland-street, opposite Mrs. Arnold's—I know a person who had been pointed out to me as Mr. Grant—he was living at No. 27, Great Portland-street—I had been in the habit of seeing
him for some time before that—the gentleman at the bar is the person—I saw him last on the 30th of June, Friday, I think it was, in the house and out of the house—about five o'clock I saw a stout gentleman with him, who bad been pointed out to me as Lieutenant Monro—I had seen the same gentleman with him frequently before—I saw them on the 30th of June on the step of the door together coming out of No. 27, Portland-street—it was between four and five o'clock in the afternoon—Mr. Monro went towards the barracks, and Mr. Grant towards Oxford-street—Mr. Grant at that time wore very light moustaches.
Cross-examined. Q. What are you? A. An ironmonger, in business with my father—a neighbour of mine pointed out a stout man to me some months before as Lieutenant Monro—I only know something a neighbour told me—I do not recollect who pointed out Mr. Grant to me—I have not given evidence before on this question.
JHON JONES (police-constable.) On the morning of the 1st of July I was on duty at Camden-town, near the Brecknock Arms—a short time before five o'clock I saw a sort of open private carriage dr hack approaching—I believe it was a private carriage—it was driven by a gentleman's servant, Longman—I saw two persons in it—shortly after I saw another carriage, a sort of private brougham, without a number—there were two gentlemen in it—I was a good way down the road at the time it stopped, and did not notice who got out—I saw no other carriage come up—about twenty minutes or half an hour after the carriages drove by, the turnpike man who keeps the Maiden-lane toll-gate gave me some information that led me into the field near the toll-gate—I inquired, and saw sent to a plaee and saw two gentlemen standing and another gentleman lying on the grass wounded—I could recognize all three as the gentlemen I had seen in the carriages—the gentleman lying down turned out to be Colonel Fawcett—I had seen him in the last carriage, the brougham—the other was one of the gentlemen in the open carriage—it turned out to be Mr. Gulliver, the surgeon—I assisted in taking Colonel Fawcett to the Brecknock Arms, and then to the Camden Arms—I did not see any of the other gentlemen before I knew there was a duel—I saw the carriage that was driven by Longman go back—I saw two gentlemen in it—I cannot recognize either of them again—they both had moustaches—they met me on the road as I was going down—I merely had a glimpse of them—they were going slowly by.
EDWARD DAVIS . On the 1st of July I was toll collector at Maiden-lane gate, within about twenty yards of the Brecknock Arms—between five and six o'clock in the morning I saw an open carriage come up to the Brecknock Arms with two gentlemen in it—they got out, and walked abont a little—then I saw a close carriage with one horse, a brougham—I did not see how many got out of that, but there were five gentlemen afterwards—I did not see a third carriage—two gentlemen walked a little way down the turnpike road, then returned, and I did not see any more of them—I did not see what the other three did—I heard nothing—Iv saw two gentlemen return from the field—I should say they were two of the five I had seen before at the Brecknock Arms—I could see no other persons about—they got into the open carriage and drove off—I cannot say. whether the gentleman at the bar is one of them—the gentlemen who went away in the carriage bad moustaches.
GEORGE GULLIVER . I am a surgeon. I was acquainted with Mr. Monro—I was in the same room with him on the morning of the 1st of July—I went to bed about two o'clock—Mr. Monro's name is Alexander, and I think Thompson, but I am not certain—I got up a little before five in the morning—Mr. Monro applied to me to accompany him—I did so—we started from the Barracks in his carriage, about five—we went to the Brecknock Arms—after
we had been there some time a brougham drove up—I am not certain who was in it—I think Colonel Fawcett was—I knew him very well—I have no date whatever that he was there that morning—(I know Lieutenant Grant, the prisoner—I was acquainted with his person—in June and July he had moustaches)—after somebody got out of the brougham, a hack-cab drove up—I did not see anybody get out of it—there were five persons there, including myself—Mr. Munro, Colonel Fawcett, Mr. Grant, and a gentleman, who I understand was Mr. Cuddy—I do not know him—by Lieutenant Grant I mean the prisoner—they went into a field adjoining the Brecknock Arms—I followed them—they stopped in the field furthest from the road—there was one field between them and the road—I stood with my back towards them—I heard the words, "Ready, fire"—I then heard the report of a pistol, and a shout of, "Doctor!"—I went to Colonel Fawcett, I found him lying on the ground, wounded on the right side—Mr. Monro, and the gentleman that I understood was Mr. Cuddy, were near him—I do not recollect seeing Mr. Grant at that time—there was something said about levelling—Colonel Fawcett said he was not coolly levelling at Mr. Monro—Mr. Monro and Colonel Fawcett shook hands, and Mr. Monro said, "God bless you, Fawcett"—I assisted Colonel Fawcett—I put him into the best position to enable him to breathe—his respiration was very much embarrassed before that—I do not know what became of Mr. Monro—I saw him leave Colonel Fawcett and go away—I do not know that I saw Lieutenant Grant, I am not certain that I did—it is probable that I must have seen him, but I cannot call it to recollection—I saw him last, to the best of my recollection, as they were going down to the field—Colonel Fawcett was removed first to the Brecknock Arms—they refused to take him in, and then to another public-house, I think the Camden Arms—he went nowhere else—he was put to bed there—he died of the wound, I understand, on the third day, I think—I did not see him after he was dead—I saw him last on the Sunday preceding his death—I attended him with Mr. Liston—I saw him several times—in my judgment the wound was mortal—it was possible for him to have survived—persons have survived as bad wounds as that.
Cross-examined. Q. How far were you from the place where the words "Ready, fire," came from? A. Probably twenty yards—Colonel Fawcett was about thirty-eight years of age, I guess, and Mr. Monro about the same—Colonel Fawcett said he was not coolly levelling at Mr. Monro—Mr. Monro had said that he was—Colonel Fawcett's wound was on the right side of the chest, under the arm.
ROBERT LISTON . I am a surgeon, residing in Clifford-street. On Saturday, the 1st of July, I was called to attend Colonel Fawcett, at the Camden Arms, Camden-town—he was in bed, complaining of great pain, and suffering from a wound in his side—I should say that it was inflicted with a pistol bullet—it was a little below the armpit, on the right side—I continued to attend him till his death, early on Monday morning—on Monday morning I saw a gentleman named Sandys make a post mortem examination—I then extracted the bullet—I cannot say that this now produced is it—I did not mark it—the wound was certainly the cause of his death—the ball entered through the sixth rib—I think it passed across the route of the lung, and lodged in one of the vertebrae of the back, one of the bones composing the spine—in my judgment it was a mortal wound.
MATTHEW LEONARD COLEMAN . I am a clerk in the War-office. I produce the original commission of the late Major Fawcett of the 55th—not his first commission in the army, his last commission—it describes him as Lieut.-Colonel in the army, Major of the 55th Regiment.
NOT GUILTY .
Before Mr. Justice Coleridge.
583. JAMES SMYTH was indicted for feloniously sending a letter to Thomas Robinson, demanding from him money with menaces, without any reasonable or probable cause.—6 other COUNTS varying the manner of laying the charge.
MR. CLARKSON conducted the Prosecution.
THOMAS ROBINSON . I am butler, in the service of a nobleman. About three months ago I was residing with my master at Brighton—I there became acquainted with the prisoner by meeting him in the street accidentally—we fell in conversation about the different sights that were passing in Brighton—I met him and conversed with him several different times—he did not know I was in service—I did not know how he was getting his living—I never visited him or he me, we merely spoke casually in passing—I came to London on the 2nd Jan—we put up at Grillion's hotel, Albemarle-street—about a fortnight after I came to London I met the prisoner in the Strand, he recognised me, and said, "What, you have come from Brighton," or something similar to that—I said, "Yes"—we entered into conversation a little time in walking up the street together—it was raining very hard—I asked if he would like a glass of ale—he said he should prefer a glass of gin and water, and I gave him one at a public-house close to Charing-cross hospital—before we went to the public-house he asked if I would take a parcel to Brighton for him—I said with great pleasure, for I should be returning there—he said it was a present that he intended to give to the person where he was lodging in Brighton, who had behaved very civilly to him—he asked me my address in town—I told him where I was staying—I then parted with him and went back to Grillion's hotel—I think this was about the Wednesday, and on Saturday the 27th he came to the hotel—there is no room or place of reception there for the servants, except the front ball where persons are passing to and fro—I had a bed-room there—my master was labouring under a disorder for which he had undergone an operation—about nine o'clock, or a quarter to nine, on the evening of the 27th, the prisoner came to the hotel—he was shown up to my room—he did not bring any parcel for me—he said he would send it—we were talking together in my room for twenty minutes or half an hour—his conversation was about travelling, where he had been, and what he had seen, at Ireland, Liverpool, and several places, and about what he bad seen at Brighton—I never took, or attempted to take, any liberty of any kind whatever with him during the time he was in my room, or in my company—I went down stairs with him and let him out—I should say he did not drop in my room any brown pocket-book with three 5l.; Bank of England notes in it—he could not have done so without my finding it—he did not drop any on the stairs, nor were any such afterwards found—on the following Monday morning, about eleven, I received this letter—it came by the post—as soon as I had read it I went down to Mr. Grillion and asked his advice about it, which he gave me—that was about ten minutes after Ireceived it—when I met the prisoner in the Strand he gave me this card of his address, "Mrs. Walters' and Mrs. Hunt's private lodging-house, No. 116, Drummond-street, opposite the arrival side of Euston-square station."
Cross-examined by MR. WILDE. Q. From whom did you receive that letter? A. The waiter at the hotel.
WILLIAM SQUIRES RABBETH . I am clerk to Messrs. Wright and Smith, attornies, Golden-square. Iwas applied to on this matter on the evening of the 31st of Jan.—a letter came to our office, directed to the firm, which inclosed a letter which I have, and which brought my attention to this—I afterwards saw Robinson on the subject, and received from him this card, and one or two letters—the letter in question I received from Mr. Wright—in consequence of an arrangement that was made, I went to Grillion's hotel, and saw Robinson—in consequence of what he told me, I went to Vine-street station, procured the assistance of Mount, the constable, and went with him and Robinson to No. 116, Drummond-street, the address on this card—I knocked at the door, and asked whether a person named Smyth lived there—I found that he did, and was at home—I was asked into the passage, and the prisoner came down to me—I introduced myself as a friend of Mr. Robinson's—he asked me to walk in, which I did, into the back parlour—I told him I understood he made a very abominable charge against Mr. Robinson—he said, "Hush, hush, there are gentlemen in the other room, they will hear what you are saying"—I told him that rather than avoid any exposure in such a disgraceful matter, I had called to endeavour to arrange it—I produced a letter to him, not the one in question, and said, "I believe that is your handwriting, Mr. Smyth?"—he said it was—I then asked whether he had written a letter dated the 28th of January, in which he said he had lost 15l.;, and claimed three 5l.; notes—he said he had—I asked what was the reason that he claimed those three 5l.; notes—he said that Mr. Robinson might have settled it at that time if he thought proper—I then asked if he had written a letter the following day, in which he claimed 30l.;—he said, "Yes, I certainly did write the letter"—I asked why he wrote that second letter—he said that Mr. Robinson had not acted in a gentlemanly manner, and that was the reason he had doubled his demand, or the reason why he asked 30l.;—I said I thought it was a great pity a thing of this sort should become publicly known; that I had seen Mr. Robinson, but, unfortunately, all the money he had in his pocket was 5l.; but I had promised to go to a friend of mine and get 20l.; more, in which I had failed—he then asked, if I was a friend of Mr. Robinson's, why I did not pay the money myself; at the same time adding, "If your friend won't advance money, why don't you go and get it?"—at the latter part of the conversation I drew my purse from my pocket, and said, "All the money I have is about 7l.; or 8l.;"—I then produced a 5l.; note, and said, "Will you take this on account, and I will pay the other 25l.; in the course of to-morrow?"—he said, "I have no objection to take the 5l.;, providing you promise me faithfully to bring the 25l.; to-morrow"—I asked what time it would be convenient for me to see him, and one o'clock was fixed—I gave him the 5l.; note of the Brighton Union Bank—the policeman was waiting opposite the house at this time—I asked the prisoner if he would be kind enough to show me the way to the door, (for the purpose of giving notice to the policeman—all the story about bringing the money to-morrow was a scheme for the purpose of giving him into custody with the note on him)—he came to light me to the door—he put the light down on the ground—I took off my hat, which was the signal agreed upon with the policeman—he came up immediately, and I gave him into custody—Robinson was waiting a door or two from us—I made a motion to him, and he came up and identified him—when the policeman came up, the prisoner ran from him, down the passage, and into the back parlour—the policeman and I followed him—he made a motion with his arm, as if to throw something out of his hand, and, as I followed him in, a piece of paper dropped on the table—I took it up, and it was
the 5l.; note I had given him—when I gave him into custody he said, "Hush, hush, don't make a noise, this thing may be settled."
Cross-examined. Q. I believe he had neither hat nor coat on at this time? A. He had no hat, he had a coat on—he did not intimate to me at the door that he was desirous of getting his hat and coat—I am sure of that—he did not say when he had got his hat and coat he should be ready to go with me—I swear that he rushed into the room again—I cannot say for what purpose—I went with a lie in my mouth in order to catch him—I did not show him the letter of the 28th.
Cross-examined. Q. Have you been on intimate terms with him? A. Formerly, but not very lately.
(Letter read)—" Sunday, 28th January, 1844, Mr. Roberson, Sir, It gives me the greatest pain to be under the necessity of writing to you on a subject I am now about to do, but I think it better to apprize you of the circumstance before writing to his Lordship, your master; as I lost on Saturday night, in your bed-room, or on the stairs of the hotel, a small brown pocket-book, containing three 5l.; Bank of England notes, of which I have not the numbers, and having a call for a large demand of cash on Wednesday morning, will, I assure you, greatly injure me; and that dreadful insult offered by you on that night, in wishing me to let you commit such a crime on my person as you did, is much against you, and unless you forward to me the sum lost, by Tuesday night, my solicitor will write to his Lordship on Wednesday morning concerning your base conduct. I am bent on going to the utmost extremity of the law, should you fail in sending it to me at my lodging, 116, Drummond-street, Euston-square, by the time named. I feel so disgusted with you, that I sincerely hope, you will not attempt calling on me; for a man of your years to be guilty of such a crime, was you now here, I am sure I should give you in charge; return me what I have lost, and keep out of my way, and no one shall ever hear of it. Mr. Roberson, Grillion's Hotel, 7, Albemarle-street, Piccadilly, London."
JOSEPH MOUNT (police-sergeant C 6.) Mr. Rabbeth applied to me for assistance to go with him to Drummond-street, and about nine o'clock on the 31st of January I went to the house with him and Robinson. I remained outside while Mr. Rabbeth went in—we had agreed upon a signal to be given—after he had been there some time he gave the signal, and I went in and took the prisoner in custody by his direction—I saw a piece of paper in his hand which he dropped on the table—Mr. Rabbeth picked it up and gave it to me—it was this 5l.; note which I produce.
GUILTY . Aged 33.— Transported for Twenty Years.
584. JOHN WILLIAM HARTMAN and ROBERT SUMMERS were indicted for feloniously uttering a forged bill of exchange for 10l.;, with intent to defraud Adolphus Leipman, knowing it to be forged.—2nd COUNT, calling it an order for the payment of money.—3rd COUNT, calling it a warrant.
ADOLPHUS LEIPMAN . I am an outfitter in Parson-street, Ratcliffe-highway. On the 26th of January, about half-past two in the afternoon, the prisoners came and asked if I would cash their notes—I knew Hartman before, but not Summers—I asked Hartman who Summers was—Hartman said he had shipped him—Summers said yes, be shipped him, and he paid him 10s.—I asked Summers (who described himself as Brown,) where the ship was, and he said at Deptford—Hartman produced two notes from his pocket—he said he shipped both men—I asked Summers where he got the notes from—he said
he had shipped to-day, had signed articles on board, and that was his note—Hartman was standing by at the time—I asked bow much he wanted on his note, he said 6l.;—I said it was too much—he said he wanted to buy some tools—I told him I had got plenty of tools, and he picked out 2l.; 10s. worth of tools, 5l.; worth of clothes, and wanted the rest in money—I asked where his clothes were—he said his tools were on board, he had been working there three weeks already, but his clothes were with Hartman in the house—I asked Hartman if that was true, he said, "Yes"—they came back about six or half-past—I had told him before, he should bring his clothes to my house for security—he said he told the waterman not to bring his clothes on board, but he had brought them on board this afternoon—I said he should endorse the note to me—he said at first he could not write—I asked him who wrote the articles—he said, "I wrote the articles on board"—I said, "Well, write the same name as you wrote to the articles," and he wrote his name on the back—I saw it was a lie, and asked if he had change for a 5l.; note—he said no—I went out as if to get it, got a policeman, and gave him into custody.
Hartman. He has, known me more than three years, and has been in my house; I never offered the note to him, and never had it in my pocket; he took it from me by force; he asked Summers for it. Witness. I have not been three years in London—I saw him once in the Commercial Dock, where he was turned out for smuggling—I did not know where he lived—I did not ask Summers for his note—Hartman said he had shipped the two men, and they must pay him, one 10s., and the other 5s., and he would not part with the notes till they gave him the money.
Summers. He asked me for my note, and I said Hartman bad got it. Witness. He asked me if I wanted to cash his note—I said, "Let me see the notes," and Hartman produced them.
JOSIAH CHAPLIN (police-constable H 124.) I received the prisoners into custody, on the 26th of January, at Mr. Leipman's shop—he gave me these two notes—the one in question purports to be signed by Captain Gee—I asked Hartman whether that was Captain Gee's handwriting—he said he did not know Captain Gee; it was written by some old gentleman over the water, but he did not know where to find him—both prisoners were present, and the prosecutor—I asked Summers where the ship laid—he said in the East-country Dock, Rotherhithe—I went there, and could not find such a ship, or such a master as Gee—I also went to Lloyd's and to the Custom-house, and could find no such name.
GEORGE WALLER . I am clerk to Atkinson, Wilkin, and Company, ship-brokers, Nicholas-lane. We have nothing at all to do with the East-country shipping—our firm carried on business in White Hart-court, Lombard-street, up to Dec. last—I know no such ship as the Brandle, or any such master as Gee—I have been in the business three years; during all that time I have known no such name—we were at that office till about the 5th or 6th of Dec.—since that time the office has not been occupied by any broker, up to last Saturday week—(note read) "Port of London, 26th Jan., 1844. Three days after the ship Brandle, W. GEE, sails from the Downs, please to pay J. Brown, carpenter, or his order, the sum of 10l.;, being two months' wages in advance, provided he sails in the above vessel, and place it to account, as per advice, Calcutta, for your humble servant, W. GEE, Commander. Payable at Mr. Wilkin's, White Hart-court, No. 3, Lombard-street."
Hartman's Defence. The man brought me that note, and asked if I could cash it for him; I said he could at the Jews, and nowhere else; I knew Mr. Leipman two or three years ago; he called me in; Summers said, "Hartman has got my note," and he took it from me.
(The prisoner Summers, in a very long defence, stated, that a young man, dressed as a waterman, came up to him in Ratcliffe-highway, asked if he wanted a ship, took him into the Gibraltar public-house, and introduced him to a gentleman, as Capt. Gee, who engaged him, and gave him the advance note in question.)
NOT GUILTY .
Fourth Jury, before Mr. Recorder.
535. JOHN WILLIAM HARTMAN was again indicted for feloniously uttering a forged bill of exchange for the payment of 10l.;, well knowing it to be forged, with intent to defraud George fiainbridge.—2nd COUNT, calling it an order for the payment of money.—3rd COUNT, a warrant.
MR. HORRY conducted the Prosecution.
GEORGE BAINBRIDGE . I am a ship-chandler, and live at Rotherhithe. I have known the prisoner two or three years—he was a ship's-carpenter when I first knew him—he was without a ship sometimes, was recommended to me, and was in my employ—he has brought me advance notes to be cashed—on the 23rd of Dec. he brought me two notes, an advance-note and a monthly note—these are them—(read)—"Advance note. London, Dec. 23, 1843. £10. Sir, Three days after the steam-boat Argonaut has sailed from Plymouth, please to pay to William Hart man, or bearer hereof, 10l.;, provided the said William Hartman has sailed in the said steam-ship, being part of his wages in advance for an intended voyage to Odessa, as per agreement with your obedient servant, APERSTED, Master. THOMAS FARMER. To be paid, No. 18, Sidney-place, Commercial-road East." Endorsed, "J. W. HARTMAN."—"Dec. 23, 1843, London. £5 per month. One month after date, please to pay to William Hartman, or bearer hereof, the sum of 5l.;, in part of bit wages as carpenter on board the Argonaut steam-boat, now bound on a voyage to Odessa. Payable for three months, and continue the payment of the said sum monthly until the completion of the aforesaid voyage, unless the contrary shall appear. APERSTED, Master." Witness. He stated he was engaged in the capacity of ship's carpenter by Captain Farmer; that it was a steam vessel going to Odessa, and had been purchased by the Russian Government—he said he bad been two voyages before with Captain Farmer—he asked me to advance 5l.; on the notes—I advanced him 2l.; 15s. on the 10l.; advance-note—he was in my debt for various things—he left the monthly note also with me—he requested me to pay 1l.; per month to maintain his two children—I was to receive the money on his account, and pay over 1l.; per month to his children, and the balance was to be settled when he came home—I saw him write his name on the notes at the time I advanced him the money—he put" J. W. Hartman," and I called to his attention that in the body of the note it was "William Hartman"—he said John William Hartman was his right name, and that was always the way he signed it—he said he met with Captain Farmer at his house, or counting-house, in White Hart-court—I went there in the course of the week, and found that he was not engaged in any such ship, nor was any such ship going out.
Prisoner. He did not give me any money on the note; he gave it me on some goods which I had at the East India Dock, and here is bis handwriting to prove it—(producing a paper)—he went with me to Black wall to see them, and paid the expenses. I told the person to let him have the goods, and he took me home and gave me the 2l. 15s. on them. Witness. This is my handwriting—I did not advance him the 2l., 15s. on the goods—the paper is, "Please deliver to Mr. George Bainbridge, or bearer, all the things belonging to me, landed from the----, by paying the charges. J. W. HARTMAN"—he requested
me to take care of those goods for him till his return—there was 2l.; charged on them, which he had not the means of paying—it had nothing whatever to do with my advance, indeed I never had the paper in my possession—he took it with him—it was on the faith of the notes that I advanced the money—I never got the goods into my possession, nor ever saw them.
THOMAS FARMER , of No. 18, Sidney-square, Commercial-road. The prisoner went out to Odessa with me in 1838, and came home with me as my servant—on the last occasion I sent him out in the Argonaut, as carpenter, in 1839—she has never come back—she was for the Russian government—I did not send her out on the 23rd of Dec. last—she was commanded by Captain Heppenstall—I know his writing—the signatures to these notes are not his writing, nor anything at all like it—I have not shipped the prisoner by the Argonaut during the last six months—I had no Argonaut to put him into—there was no such voyage, nor have I shipped him under the command of any person named Apersted or Heppenstall—these notes were not drawn with my knowledge—the prisoner has no such claim.
Prisoner. I hope Captain Farmer will give me a character, as I have been with him so long. ' Witness. He never wronged me.
Prisoner's Defence. I came from Rotterdam the Sunday before Christmas; on the Friday before Christmas I went to the East India Dock, to see if I could get a ship; I met a mate, who was a Russian, who asked if I was going out to Russia again; I said if I could get a chance; he said there was a steamer in the dock which was bought by the Russian government, and Captain Farmer was going to take her out; he said if I came on Saturday I should go as carpenter; I went, and saw a gentleman on board, who said he was the captain, and he gave me the two notes; I took them to Mr. Bain-bridge; he would give me no money on them till he had seen Captain Farmer, and he gave me the money on my goods; I have never seen them since; when I came to see about it, I found I had been made a fool of, that there was no such Captain Farmer; I have cashed about fifty notes with Mr. Bainbridge, and he charged me 2s. in the pound, and three parts in clothes; if he did not fetch the goods it was his own fault; I gave him charge of them, and he said he would take them for the 2l.; 15s., and settle when I came home; there were more than 6l. worth of copper skuttles, shawls, and other things; I have not returned the money to him yet; he was never at home when I called, and I was taken afterwards; Mr. Bainbridge did not see the goods; he saw the sacks they were in; there was a looking-glass among them, which was covered over; he told the lady there the goods belonged to him, and I said, "If that gentleman comes, the goods are for him;" there was a gentleman in the office at the time.
GUILTY . Aged 55.— Confined Two Years.
MR. E. PLATT conducted the Prosecution.
WILLIAM ROBINS . I live in Adam and Eve-court, and am errand-boy to Mr. Fletcher, a green-grocer. On Monday evening, the 22nd of Jan., about eight o'clock, the prisoner and two other boys were coming past my master's shop—he knocked two apples off a basket on purpose, and kicked one along—he then picked it up—I went to take it from him, and he handed it to the other two—I took hold of them to pull it from them, and the prisoner said, "If you don't leave them alone, I will stab you"—he up with a knife, and stuck it right into my breast—I did not see him take out the knife—I was
wounded very little, and bled a little—it touched my breast-bone—he ran away, and was taken—it was done rather in swagger than anything else.
Cross-examined by MR. HORRY. Q. They were playing and knocking about a good deal, were they not? A. Yes.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 12.— Confined Two Months.
WILLIAM MITCHELL . I live at No. 32, Tottenham-court-road. On the 25th of Jan. the prisoner came to my shop and produced this paper to me—perceiving it was not Mr. Chapman's writing, I questioned him upon it—he said Mr. Chapman was very unwell, and Mrs. Chapman wrote it, and gave it to him—I was aware Mr. Chapman was unwell, and believing his statement, I furnished him with the two bars of solder—( paper read)—" Please let the bearer have two bars of solder for Mr. Chapman, Lamb's Conduit-street.
WILLIAM MITCHELL . On the 26th of Jan. the prisoner came and produced this paper—I questioned him upon it, and he said Mr. Chapman was still very unwell, and it was written by Mrs. Chapman, and given to him—I asked him where Mr. Chapman's men were at work—he said at the Infant-school in some street in Gray's Inn-lane, I think Baldwin's-gardens—(paper read)—"Please to let the bearer have four bars of solder and two brushes.
Mr. Chapman, Lamb's Conduit-street, 26th Jan."—he said Mr. Chapman was so unwell that he could not write himself—he did not say it was written by Mrs. Chapman for Mr. Chapman—he said it was written by Mrs. Chapman, and given to him—I cannot say whether Mrs. Chapman conducted her husband's business during his illness—I questioned the prisoner as I did before, about his having the order from Mrs. Chapman, and received similar answers—I let him have the solder—I considered that he applied by Mr. Chapman's authority—I knew that he worked there some time back, perhaps twelve months; I cannot say exactly, and I supposed him to be still in the service—I considered this as a request from Mr. Chapman, that upon his credit I should furnish the goods.
Cross-examined by MR. M'MAHON. Q. Did you not at once see it was not signed by Mr. Chapman? A. I did—that made me question him as to how he came by it, and he said it was written by Mrs. Chapman on account of Mr. Chapman's illness—I did not, upon seeing this, think the prisoner had come to the wrong shop, and that be ought to have gone to a Mr. Chapman's, because I have served Mr. Chapman a long time.
Q. If that paper had been laid on your counter, and nothing said about it, would you have sent the goods to Mr. Chapman or not? A. I should, on account of seeing the name, and knowing the party well—I should have sent to inquire whether Mr. Chapman wanted them—I should not have taken the paper as conclusive that he did want them—I did not take this for Mr. Chapman's signature—but for the prisoner's representations I should not have acted upon this paper—I had not seen the prisoner for some months before—in fact, I did not recollect him till he named who he had been with—he had then come with another person for some bacon for Mr. Chapman—the other
person was the messenger—I believe the prisoner never came on a message from Mr. Chapman to me—he mentioned that the job was at the Infant-schools in some street out of Gray's Inn-lane—I believe Mr. Chapman has work there as a plumber—I never received such a note from Mr. Chapman before—he did not mention any man's name to me as having given him the order—he did not say he saw it written—he said Mrs. Chapman wrote it and gave it to him.
HANNAH ELIZABETH CHAPMAN . I am the wife of John Chapman. I did not write this paper, nor authorise or know of its being written—it is not my husband's writing—he was ill at the time, and is so now—the prisoner was not in our employ at this time—he had not worked with us for about twelve months—if he represented that the goods were ordered by my writing, and that he saw me write it, it is quite untrue—I never remember sending any one to Mr. Mitchell's—I did not manage my husband's business during his illness—my husband has sent to Mr. Mitchell's for articles—he used to send the plumber who might me be at work for him at the time—if the prisoner had been at work with the plumber he might probably have been sent for things that were wanted.
Cross-examined. Q. You are not in the habit of writing orders for your husband? A. No, I do not think I ever did to Mr. Mitchell—my husband sometimes has many workmen, but only one plumber generally—that man has not authority to send orders—he never sends without Mr. Chapman gives him an order to go—Mr. Chapman always puts his own name to it—the plumber never sends notes for himself—this is the form in which my husband sends his orders—his name is always in the paper—he puts "J. Chapman"—he never puts Mr.—he generally puts J. Chapman at the bottom—the purport of the paper is generally "Mr. Mitchell (or whoever it may be) please to deliver to the bearer," (whatever he may request.) J. Chapman, 42, Lamb's Conduit-street."
HENRY FOWLER ( police-constable E 111.) About a quarter past four o'clock, on the 26th of January, I saw the prisoner in company with another, with five bars of solder—I followed them to the corner of Church-street, St. Giles—I stopped the prisoner and asked where he was going to take it to—he said to Mr. Chapman's in Lamb's Conduit-street—I said it was a round-about way to Mr. Chapman's—he gave me a bill which he had had from Mr. Mitchell, and said, "If you think there is anything wrong about it, you had better go there and see"—I went back to Mr. Mitchell's and asked if he knew the prisoner, and if it was right—he said he knew him as coming from Mr. Chapman but it was not Mr. Chapman's handwriting—the prisoner said that Mrs. Chapman wrote it and gave it to him—I went to Mr. and Mrs. Chapman's, and they knew nothing about it—the prisoner then said, a man named Wallis, living in Bell-court, Gray's Inn-road, gave him the order.
Cross-examined. Q. Do you know where the Infant-schools are? A. I believe in Baldwin's-gardens—I am not aware that the Catholic-schools in Lincoln's Inn-fields are called Infant-schools—if he meant those schools, that would be the way.
COURT. Q. But would it be the way to Mr. Chapman's? A. No.
Cross-examined. Q. Did you ever work for Mr. Chapman? A. No.
MR. MITCHELL re-examined. If it had been Mr. Chapman's handwriting I should not have objected at all to the form of the request—if it had been laid on the counter and nothing said, I should not have sent the solder by the
bearer, but by one of my men, to ascertain whether it was correct—I should not have acted on the paper alone, until I ascertained whether it came from Mr. Chapman—that was why I questioned the prisoner.
(George Horan, cabinet, case, and razor-strop maker;----Francis, James Harris, and Jane Dunn, green-grocer, gave the prisoner a good character.)
Guilty of uttering. Aged 19.— judgment Respited.
GEORGE HOWELL . I go on the river collecting fat from the boats. The prisoner, Howell, is my brother—Glenayne had been taken upon a charge of felony, and was discharged—I had some dispute with him, and he accused me of giving information against him—on the morning of the 24th of January, I was in my boat at Ratcliffe—cross—the prisoners met me in a boat and challenged me to fight—I refused to do so, and Glenayne raised his paddle and struck me on the head—my cap came off'—they both raised their paddles together, and both struck me—I was knocked down in the boat—I called for the police, and when the police were coming the prisoners rowed alongside a tier of ships—Glenayne jumped out of the boat and ran away—my head was cut.
JOHN HUMPHREYS , of Upper Well-alley, Wapping. I get my living by buying fat—I and the prosecutor were on board a ship—the prisoners came aboard and asked how much they would take for the fat—the prosecutor told them, and they said it was too much—they began rowing together—the prosecutor left them, went over the tier of ships, and went inside, and I with him—the prisoners followed and hallooed out, "Mind your jackets and copper funnels"—the prosecutor said he was not ashamed to show his face anywhere, and got into his boat—Glenayne hit him on the head with the scull, and Howell hit him in the belly with his scull—he did not return it—I saw his head bleeding.
Glenayne. Q. Did he not run forward, take up a scull and strike me over the shoulder with it? A. No—he did not call you bad names.
JOHN GASCOIONE ( Thames police-inspector.) I found the prosecutor with his head bleeding—I took him to a doctor, and then to the hospital ship—he appeared very ill, and his head was bleeding very much—I took Howell into custody, and sent Oliver after Glenayne.
GEORGE BUSK . I am a surgeon. I examined the prosecutor's head, and found a wound about two inches long on the top, dividing the skin but not reaching the bone, there had been a good deal of bleeding, and he was rather stunned—it was not a dangerous wound—he was ill for a few days—he required bleeding two days afterwards.
Glenayne's Defence. We were rowing down the river and the witness called us, we could not agree about the fat; we got about twenty or thirty yards from the vessel, and saw the prosecutor go to the vessel and get the fat; he came into his boat and challenged to fight either of us.
Howell's Defence. My brother called me some very bad names, and fetched the captain to turn me out of the ship; he said I was a thief, and stole copper funnels and jackets; the captain shoved me over the bulwarks into the boat.
did I say he was a thief—I was ill used by him four months ago, and the night before this he and some of his associates threatened if I did not take care of myself I should catch it again.
GLENAYNE— GUILTY of an Assault. Aged 22.— Confined Nine Month ,
HOWELL— GUILTY of an Assault. Aged 20.— Confined Six Months.
OLD COURT.—Thursday, February 15th, 1844.
Second Jury, before Mr. Recorder.
NOT GUILTY .
GUILTY of an Assault. Aged 38— Confined Six Months.
WILLIAM WHEELER , chair-maker, Sun Tavern Fields, St. George's. The prisoner came to me twelve months ago and ordered some chairs, which he said he wanted to fit up Sergeant Wells' house, at Woolwich-common, that he was papering the rooms—I made half a dozen chairs and left them with him outside a public-bouse near the West India Dock, the others he and a friend fetched away on a truck—he was to be there to pay for them—he came and told me to make six more, and two elbows, to take them down to Charlton pier, and he would be there and pay for them—I asked him for the money, 2l.; 4s.—he said he could not pay me, for the lady had not paid him—he did not say when he should have the money—he sent me a letter which I hare lost—I have never got my money—I could find no such person as Sergeant Wells on Woolwich-common—I went to Short's-court, the address the prisoner gave me, and found him there—he told me not to send the chairs, because the lady was gone to Gravesend—I told him I had been all over the town and could not find out Sergeant Wells—he said he did live there—he went away from that neighbourhood after that—I afterwards found him in a beer-shop in the Commercial-road, got a policeman, and took him in custody—I let him have the chairs on account of a bill he pulled out of his pocket with Sergeant Wells' name on it, to the amount of above 7l.;—he said he was going to take it to Sergeant Wells, and he would pay me when he got it—I believed he was employed for Sergeant Wells, and that I should be paid out of that money, by his showing me the bill, or I should not have let him have the goods.
Prisoner. Q. Did not you pack the first half-dozen chairs up, and send down to Black wall for me? A. I took them with you, you called for the next
RICHARD PARROTT , chair-maker. On the 6th of May last I was living in Charles-street, St. George's-in-the-East—the prisoner came there—he was a stranger—he said he was a master paper-hanger, living at No. 3, High-street, Woolwich, that there were several marching regiments come into Woolwich, and he had got the furnishing of all the officers' rooms and apartments—(I have made inquiry at Woolwich, and there were no officers there that wanted their rooms furnished—only one marching regiment was there at the time)—he
ordered two dozen chain of one sort, half-a-dozen, and two arm-chairs—we agreed for 3s. per chair the two dozen, 8s. the half-dozen, and 3s. apiece the two arm-chairs—I said I could not get them done against Saturday, as they wanted polishing—he said, "I suppose you can get me half-a-dozen and two arms done against to-morrow"—I said I could oblige him with it—he came at one o'clock on Friday, the half-dozen were finished—my little boy was just finishing the two arm-chairs—I said if he would wait twenty minutes or half-an-hour, they would be ready—he said he could not stop, he would take the half-dozen, and if I would allow one of my men to carry them down as far as Old Gravel-lane, he would send the money back by him, as he had a little business to do on the way—the man went with him, and when he came back, said if I took the two arm-chairs and the other two chairs, the prisoner would pay me the money—I went to Woolwich, and to the direction he gave me, and there was no such place to be found—I caught him coming out of a public-house in Woolwich, after wandering about a long time, I said, "Do you know me?"—he said, "Yes, you are the chair-maker; have you got the two dozen chairs ready? did you bring them down with you?"—I said, "No, you must pay me for the others "—he said, "I will soon get you the money; you go into the public-house, and wait till I return"—he kept me there till twelve o'clock—I saw nothing of him afterwards—I was obliged to walk from Woolwich without a halfpenny in my pocket—he has never paid me a farthing—I should not have let him have the goods, if he had not represented that he was employed to furnish the officers' apartments.
JOSEPH FRY , chair-maker, Shoreditch. On the 11th of Jan. 1843, the prisoner came to me and said, "Fry, I am recommended to you; I want two pattern chairs, to show a lady," whose house he was furnishing—he went into the shop, and saw a half-dozen finished; he said, "Let me have the whole of this half-dozen, and the pattern of another colour "—I took them to the Shades'-pier—he was to have sent me the money for the six next morning, and an order for the other five—instead of which he only sent for the other five, stating that the lady would not pay him till he got the other five, to make up the two sets—I let him have the other five on the Saturday, with the promise of a post-office order on Monday morning—he sent me a letter for six more chairs, but I never got any money.
Prisoner, Q. When you brought the other chairs down, did not I say I would let you have some money as soon as I could? A. You said the lady would not pay you—I said, "The lady knows they are not your chairs, let me go and ask her"—you said, "No, the lady will not like that, and it will make me look so little."
COURT. Q. Did he ever tell you where the lady was? A. No, or else I would have gone myself—I went all over Woolwich and could find nobody who had employed him—I have a letter here which he sent me—he acknowledged it to be his when I met him on the pier—he said, "Where are the chairs I sent for"—(This letter was dated 16th Jan. 1843, signed R. Emery, and stated that the lady refused to pay till the had the other half-dozen, and if they were sent by the first packet, he would meet him and pay for them)—he told me the lady lived on Sand-hill, but did not say where—there is such a place I believe—he never told me her name, or I should have inquired for her.
Prisoners Defence. This occurred about fifteen months ago. I was employed by a Sergeant Weller, of Woolwich-common, to furnish his house; he did not live with his wife, but another woman; he did me out of all my papering, and is gone to Australia; Mr. Catchpole, of
Cannon-street-road, said he would pay Wheeler, and he said, "No, I'm d—if I will have it, I will have him;" the lady was Mrs. Parker, of Sand-hill, she employed me to fit up three of her rooms. I had not had these chairs a week altogether before two of my children fell ill, and I lost my wife and was afflicted myself. I used to live at No. 3, Short's-alley, High-street, Woolwich. I bad two paper-hangers working under me; I moved down to Graves-end about ten months ago for change of air. Parrot happened to see me there, and called me everything that was bad before a gentleman who employed me. I never left him in the public-house, neither was I there at the time.
GUILTY . Aged 32.— Confined Twelve Months.
SARAH BROWN . I am the wife of Alexander Brown, who is a seafaring man. I let lodgings—I have known the prisoner nearly five years—in October last he came to my house, and said he had come from the Phantom brig on the coast of Africa, that he had got 250l.; prize money to receive, and put these papers into my hand—he said I must go with him next morning to Somerset-house, to get some of the prize-money—I went with him—he did not get any the first time—he went two or three times—he did not receive any money in my presence—on the 14th Nov. he paid me about 20l.; which he owed me, and left 7l.; in my hands—he drew that in two or three days—he then asked me to advance him more money till the middle of December upon these two papers, which he said were prize papers—I let him have sometimes 1l. and sometimes 2l., at different times, and with cab hire, and all together it came to 29l.; 13s. 5d—I went with him once in a cab to Norfolk-street, Strand, for the purpose, as he said, of getting some money—I cannot recollect the day of the month—I went several times—he took me to a public-house near where he said the agents were—I went with him again to Norfolk-street—I began to feel dissatisfied, not having his money at the time he told me—he left me more than two hours, and when be came back he said, "I am all right"—I said I was very glad of it—I said, "Have you got your money?"—he said, "No, I have not got my money, but I have got a paper which the agent has signed for me to get my money on the 2nd January"—he gave me this third paper—I made all these advances before I received this—I remarked that it was but for 6l.; 5s.—he said, "Oh, yes, it is"—I said, "This is not all you have got to take?"—he said, "It is a mistake, it is 65l.;"—next day, I think, he took me up to the Admiralty—he said he could not pay me that day, he could not get the money, it was not all paid into the office—the last time he took me out he gave me the slip and went away, before that he asked me if I had any money, I said all I had was 18d., and I gave him 6d.—I afterwards heard of his being at the King and Queen public-house in Mary-street, and found him there in a fresh suit of clothes—he got away from me then—I found him again in the Commercial-road, told him I had lost all my money by him, and desired him to settle with me—I had borrowed some of the money to assist him—I have been selling my things also to raise the money, believing he would pay me at last—I should not have trusted him with this large sum of money if I had not believed they were genuine papers entitling him to money—he brought me a newspaper to satisfy me it was payable at that time—there is no mention of money in the two first papers, but he represented that he was entitled to receive money, and these papers would enable him to get it.
Prisoner. Q. What money did I give you the first time? A. I cannot say exactly now, nor what you gave me the second time—he can read and write—I have seen him.
Prisoner. She never sold any clothes to get me money; it was her husband did it to get drunk, and he even took the money out of her pocket; I found some myself on the top of the summer-house, and gave it her; she has been cheating me out of my money; I gave her 69l.; while I was with her, and my board only came to 11l.; whenever I have drawn 1s., she has put down 10s. Witness. I cannot exactly say what he has had—he has had clothes, and left me all his bills to pay, and he was constantly going in cabs—I have not charged him a halfpenny more than he had—I treated him as if he was my son—my husband actually took off his own jacket to pay for the last cab he had, and he missed a ship in consequence of being obliged to wait at home a whole week, as he had no jacket.
(Prisoner. It is false, she only bought me two suits of clothes; I bought all the remainder myself.)
COURT. Q. Are you sure he represented this paper was for 65l.; instead of 6l.; 5s.? A. He did—he went away for about five minutes, and then came back, and said it was all right—it was then altered in this way.
NOAH DAVIS . I am a navy-agent, and live in Upper-terrace, Islington. On the 14th of Nov. the prisoner came to me with other seamen belonging to the Phantom, and applied for an advance on his prize-money—he was entitled to several prizes taken by Her Majesty's ship Phantom—we cannot tell the amount, we can only judge what it may amount to before it is payable—I advanced him 44l.; 1s.—he went to Somerset-house, before the examiners of prizes, and signed a prize-order in my favour to that amount, including the order and stamp—seamen generally calculate that they are entitled to a great deal more than they really are—he wanted about the amount I gave him—he did not ask for more—he considered he would have about 20l.; or 30l.; more—I was to have the commission of 2 1/2 per cent.—about the middle of Dec. he came and asked for a further advance of 20l.;, which I declined giving him—on the 8th of Jan. a payment took place, and I received 28l.; 10s. 10d., leaving my order not yet satisfied by 16l.; 10s. 2d.
JOHN TORBY . I am clerk to Halford and Co., navy-agents, in Norfolk-street—they are agents to Commander Haines, late of Her Majesty's ship Phantom—she was engaged in the suppression of the slave-trade on the African coast, and made prizes—this paper (No. 3) is not genuine—I know Captain Haines's writing perfectly well—it is not his signature, nor is any part of it his writing—these other papers (1 and 2) are genuine—they merely describe the time of his service, and so on—I know nothing of the prisoner—we have no prize-money due at present—on a rough calculation, I should say about 3l.; or 4l. would be due to the prisoner—not more than 5l.; in addition to what has been drawn, under Captain Haines's command—the Phantom was under the command of Captain Butterfield, prior to Captain Haines—it is not in my power to say what the gross amount due to the prisoner would be—we are not agents to Captain Butterfield—I do not know how much he may be entitled to under other commanders, but under Captain Haines, the most would be 5l.; additional—certainly no such sum as 60l.;—it would depend on the number of prizes and slaves taken—I have not heard of any prizes made by the phantom, which could at all account for an expectation of 250l.;—that is a very large sum indeed for a common sailor to receive.
GEORGE JOSEPH BROWN (police-constable K 164.) I took the prisoner into custody—he asked if he was going to the station-house—I said he was—he said, "Then she will get no satisfaction, for I have got nothing, or very little to take, and she will get none, but I shall say nothing"—I found nothing on him—I inquired at the Prize-office, Somerset-house, if any prize.
money was coming to him, and the agent said they had some to pay, but it would be paid to Mr. Davis, to whom the order was made over.
Prisoner's Defence. I never got so much from her as is laid down to me; I expected to be entitled to more money.
GUILTY . Aged 30— Judgment Respited.
WILLIAM FREDERICK FLENLT . I am shopman to Richard Harris, of Portman-place, Edgware-road. On the 13th of Jan. the prisoner came to the shop, and said, "Send 31bs. of sperm candles, sixes, to Mr. Johnson's, No. 77, Hamilton-terrace"—I tied them up, and gave orders for them to be sent—Mrs. Harris executed the order—she is not here.
Cross-examined by MR. E. PLATT. About what time was this? A. I do not know; I suppose some time between five and six o'clock—I will swear it was between four and twelve—it was rather dusk—I do not know that I had ever seen the prisoner before—I am certain he is the man—he said they were to be sent directly—they were sent in about ten minutes.
THOMAS RICHARDSON . I am errand-boy to Mr. Harris. Mrs. Harris gave me 31bs. of sperm candles to take to No. 77, Hamilton-terrace—as I was crossing the road at St. John's-wood I met the prisoner—he stopped me, and asked whether I was going to No. 77, Hamilton-terrace—I said yes—he said he was going to our shop for 3lbs. of kitchen tens, and asked if I should go for him—I said just as he pleased—he said, "Well, you run, and I will take these"—he took them of me, and I went back to the shop—he was brought there by the policeman, with the candles he had taken from me—these are them.
Cross-examined. Q. What time was this? A. About half-past six o'clock—it was dusk—he was going towards my master's when I met him—it was just half a mile from home—he spoke to me first—I am certain I did not give him the candles before he asked me for them—I am certain he is the person.
HENRY HOBBS (police-constable S 174.) About seven o'clock on the evening of the 13th of January, I saw the prisoner in Edgware-road—I crossed to him, and said, "What have you got here?"—he said, "Some candles"—I said, "Where did you bring them from?"—he said, "Down here," pointing towards Kilburn—I said, "What house?"—he said, "A house down here"—I said, "Where are you going to take them?"—he said, "I am going to take them to a house here, to change; I ordered them in t mistake"—I said, "What house?"—he said, "I will show you"—I walked along with him, and when we got opposite Mr. Harris's he said, "This is the shop"—I went in with him, and he said, "These candles were ordered in mistake"—the mistress and young man said, "Why, you ordered them a little while ago"—he said he thought they were a mistake, for he had given another order for 31bs. of kitchen tens—I detained him while the boy went to Mr. Johnson's to see if it was correct—he returned, and said he had seen Mr. Johnson's servant, who said no candles were ordered there—the prisoner then said he had met a friend, a footman, in Oxford-street, whom he had been in the habit of playing billiards with, and he said, "Will you oblige me by ordering 3lbs. of sperm candles," and he did it to oblige this man—I said, "Who is the man?"—he said he knew nothing of him, only meeting
him in Oxford-street as a stranger, and he had frequently seen him at a public-house—I took him to Mr. Johnson's, and they knew nothing of him there—as we were going from there to the station, he jumped out of my hand—I caught hold of the skirts of his coat, and one came off—he ran down the terrace—I caught him, and took him to the station—on the way he said, "Let me go, I will give you a sovereign or two"—I found these candles on him.
Cross-examined. Q. He went quietly with you to Harris's shop? A. Yes; and said of his own accord, "This is the shop."
JAMES TAYLOR . I am footman to Mr. Johnson, of No. 77, Hamilton-terrace. I do not know the prisoner—he was not employed by Mr. Johnson—he had no authority from anybody in the house, to my knowledge, to order any candles, nor were any wanted.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Six Months.
NEW COURT.—Monday, February 5th, 1844.
595. WILLIAM HUNT PEBLING was indicted for stealing 1 bag, value 5s.; 1 gown, 3s.; 4 cravats, 4s.; 1 waistcoat, 2s. 6d.; 1 salt-cellar, 1s.; 5 glasses, 3s.; 4 towels, 2s.; 2 frocks, 3s.; 12 napkins, 9s.; 3 3s.; and 1 counterpane, 10s.; the goods of Robert Duncan.
The prosecutor did not appear.
NOT GUILTY .
CHRISTOPHER ERIXON , of Wolf's-buildings, Rosemary-lane. On the 16th of Nov. I lost a pair of drawers from a line in my yard—on the next night I watched in a cart, and saw the prisoner coming into the yard, and looking round—he put his hand through the rails of my yard from the other yard, drew it out, and turned his face towards me—I got down, took hold of him, and said, "You d——rascal, what are you going to do there?"—he said, "I am going to ease myself"—I gave him into custody—he had a stick with a hook, and knife, and he had these drawers, which I had to wash for a man.
Prisoner's Defence. I bought them in Petticoat-lane.
GUILTY . Aged 20.— Confined Three Months.
597. MARY ANN HELM was indicted for stealing 1 bed, value 2l.; 2 pillows, 3s.; 3 blankets, 4s.; I counterpane, 4s.; 4 chairs, 10s.; 1 looking-glass, 4s.; 2 candlesticks, 3s.; 2 goblets, 1s.; 1 dish, 4d.; 2 frying-Pans, 1s.; 1 knife, 3d.; and 1 fork, 2d.; the goods of Samuel Weller.
MAKY WELLER . I am the wife of Samuel Weller, of Little Russell-court, Drury-lane. On the 11th of December the prisoner took a furnished room at my house—she left on the following Thursday week—I then went into the room, and missed two candlesticks—the bed, pillows, and blankets, and these other things, I had missed before she left—I am sure they were there when she took the room—I did not see her again till she was taken into custody—I
saw her in the room on the Wednesday night, and asked what she had done with the goods—she said poverty compelled her to part with them, but her guardian would make them good.
Cross-examined by MR. CLARKSON. Q. She never denied what she had done? A. No—she said, when she came after the place, that she had been abandoned by her husband, that she was a woman of property, and had a little money in the funds—after I had missed the goods I took an order from her, on a gentleman, to pay me the money—I took a note, and she was to redeem the goods—if that had been paid I should have been satisfied—she was apprehended at the workhouse.
NOT GUILTY .
EZEKIEL BETTERIDGE , ivory-turner, Craven-street, City-road. The prisoner was my journeyman for ten or eleven months—he left on the 6th of Jan. in consequence of information, and something I lost, I went to the prisoner's—house, in John-street, Spitalfields, with the officers, and found these thirteen inkstands under his bed—I can swear to them—I am the only manufacturer of them—I cannot say when I lost them—I have a large stock—we had missed a great quantity of goods and tools—they are not finished—the prisoner was a cabinet-maker—he had no right to take them, but he could get at them.
WILLIAM ALDERMAN (police-sergeant H 7.) I went with the prosecutor to the prisoner's house—he was not there, but I found these things under the bed—I know Mr. Broughton's handwriting, this is his—(read)—"The prisoner says, 'I plead guilty to the charge, but I deny taking the planes.'"
Prisoner's Defence. They were in a lumber place, I thought there was no harm in taking them.
GUILTY . Aged 20.— Confined Three Months.
JOSEPH MORTIMER , cheesemonger, Old Brompton. I am in the habit of attending Uxbridge-market—a constable brought Hemmings to me in custody—in consequence of what took place, I went to Roadnight's house—he produced two half hams—one I knew for certain to be mine—the other I had no doubt about—Hemmings had assisted to unload my cart in the morning, and to load again in the afternoon—there were a number of lads standing about, that were occasionally employed to assist in putting the things in—I have no doubt these are my property.
JOHN HIGGINS , general dealer, Uxbridge. On the 24th of Jan. I was in Chequers'-yard, Uxbridge—Mr. Mortimer's stall is close to there—I saw Hemmings pass away two half cheeses, and when Mortimer was putting on his coat, Hemmings said to Fletcher, "You pop in"—he did so, and Hemmings gave him something—what it was I could not see—he came out, and ran off—I pursued, and informed the police.
to Fletcher—Fletcher said, "You know you gave it me"—Hemmings said, "I did not, you took it,"
HEMMINGS— GUILTY . Aged 2O.
FLETCHER— GUILTY . Aged 19.
Recommended to mercy
Confined Two Months.
Confined One Month.
On the 6th of Jan. I was in the back parlour behind my shop—I saw the prisoner come in, in a stooping position, to the back of the counter, take a pair of brushes, and go out—I followed him eight or ten doors, and took them from him—he said, "Don't punish me, sir; I am a poor lad."
Prisoner's Defence. I was passing by, looked in, and walked away; the prosecutor came and said I was one of the party who were there the other day, and took some goods from the door, and he would make an example of me; he afterwards said he did not think I was the person, but he was in a passion.
(The prisoner received a good character.)
GUILTY. Aged 18—Recommended to mercy— Confined One Month.
ANN STRANGEMAN . I live at Uxbridge, and am the wife of William Strangeman. The prisoner slept at my house on the night of the 25th of Jan.—he went away about eight o'clock the next morning—after he was gone I missed a sheet from the adjoining room to where he slept—no one had slept in the room that night—this is the sheet—it is marked.
WILLIAM LINNY (police-constable T 76.) I went after the prisoner on the 25th of Jan., and apprehended him at the Greyhound public-house, with this sheet on his lap—he said he bought it—I asked of whom—he said he did not know.
Prisoner's Defence. I gave a young lad 10d. for it
GUILTY . Aged 28— Confined One Mtnth.
JOHN BURGOINR . I am servant to Peter Hill, a baker, in Coam-street, Brunswick-square. On the 5th of Jan. I left my basket at the corner of Bedford-place—I came back in two minutes, and the prisoner was pointed out to me—he had four loaves—I ran after him, and charged him with it—he said they were not mine at first, and then he said he did it for want.
Prisoner. This is my first offence.
GUILTY. Aged 47.—Recommended to mercy— Confined Six Days.
GUILTY . Aged 44— Confined Six Days.
GUILTY . Aged 16— Confined Six Month.
GUILTY . Aged 17— Confined Six Days.
ELIZABETH EMERY , widow, Broad-street-buildings, City. On the afternoon of the 20th of Jan. I was at the corner of Cornhill, coming from Leadenhall-market—there were three persons at the corner—the prisoner was one—as I walked towards Bishopsgate-street, they kept round me, and I felt something touch my side—I turned round, and the prisoner had got his hand into my pocket—I immediately called out, "You have robbed me," and he ran away—I had two shillings in my pocket, which were gone—I had had them in my pocket about five minutes before—a person ran and brought him back—he said he was very sorry for what he had done, that he merely touched me, and I was frightened; he hoped I would let him go.
Cross-examined by MR. BALLANTINE. Q. Did you recollect, when you were examined at Guildhall, what the prisoner said? A. I mentioned it, and heard it read over to me, and then I signed the depositions—I am certain I stated it to the Magistrate—(the witness's deposition being read, contained no statement of anything said by the prisoner.)
Q. Have you and Archer been talking about this matter? A. No—I am quite sure I had two shillings in my pocket—I had put them into my pocket before I went to market, at half-past ten o'clock—I had put 10s. into my pocket—I had been to the market, and paid 7s. 6d. for my marketing—I had the remainder when I paid the last bills—I am sure they were not in sixpences—I only know I had two shillings, from reckoning the amount I had paid away—I fancied I had lost a comb, but I found that when I got home—I fancied it, when a comb was found on the prisoner—I said that was not my comb—I know I had some shillings in my pocket, because I felt them when I put my hand into my pocket.
JOSEPH ARCHER . I am time-keeper at the Flower Pot, Bishopsgate-street About twenty minutes past one o'clock in the afternoon of the 20th of Jan. I was in Bishopsgate-street—I heard a cry of "Stop thief"—the prisoner ran down Great St. Helen's—I ran down Crosby-square, and took him in St. Mary Axe—I took him back to the prosecutrix—he was searched at the station, and nothing found on him.
Cross-examined. Q. Did you hear him say anything to this lady? A. The lady identified him—he said he was sorry for what had happened, would she forgive him?—I am quite certain that was what was said—I did not hear him say, "I did not pick your pocket, I only pushed against you," I did not tell the Magistrate so.
NOT GUILTY .
NEW COURT.—Tuesday, February 6th, 1844.
Sixth Jury, before Mr. Common Sergeant.
607. EDWARD KELLY was indicted for stealing 1 ring, value 5s.; 2 half-crowns, 14 shillings, 21 sixpences, 924 pence, and 1822 halfpence, the property of William Trinnick, in his dwelling-house; to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
FREDERICK LANGLEY MOORE . I am in the employ of Thomas Moore. On the 26th of Jan., as I was coming up from our vaults, under Skinner's-hall, College-street, I passed the prisoner in Basing-lane, carrying this basket with twelve bottles of brandy—I knew the basket—I ran to the warehouse,
and missed a basket and twelve bottles, which I had placed safe in the morning—I took the prisoner—he said a person asked him to carry it to London-bridge—the basket had "T. M." on it—I can swear to it—he was coming in a direction from the warehouse.
Prisoners Defence. I was coming down the town; a man gave it me to carry.
GUILTY .* Aged 18.— Transported for Seven Years.
609. THOMAS WILLOCK was indicted for stealing 31bs. weight of fat, value 6d., the goods of Daniel Squires, his master; and THOMAS SMITH for receiving the same, well-knowing it to have been stolen; against the Statute, &c.
MR. WILDE conducted the Prosecution.
CHARLES THAIN (City police-constable, No. 19.) Between six and seven o'clock on Sunday evening, the 21st of Jan., in consequence of information, I went to Mr. Squire's slaughter-house with Coombs—I saw a quantity of fat on the table—I wrote the word "return" on small slips of paper, and shoved the pieces of paper into the fat, with skewer—Coombs assisted me, and wrote his initials on the paper—I then left—I next saw the fat in the possession of Coombs, at the Mansion-house, on the morning of the 22nd of Jan., and found a ticket with the word "return" written upon it—on a subsequent examination, I found five more—they are the same that I inserted into the fat.
DANIEL SQUIRES . I keep this slaughter-house in Aldgate—Willock was in my employ. On the 21st I had some fat—I saw it safe on Sunday evening, when the officer marked it—on the Monday morning I saw it in a cupboard on my own premises—it was my own fat.
MARY ANN SQUIRES . I am the wife of Daniel Squires. On the 21st I saw Willock between six and seven o'clock in the morning, in the kitchen, standing on a ladder, taking the fat from the cupboard, and secreting it about his person.
SAMUEL COOMBS re-examined. I went to a public-house about seven o'clock on Monday morning, and saw Smith there—he took this fat from the form, and took it into the skittle-ground—I saw him bring out a basket of fat on his shoulder, about nine o'clock, and take it to Mr. Brown, a tallow-chandler, in Fenchurch-street—I tapped him on the shoulder, and said I was a police-constable, I should take him for feloniously receiving that fat—he said a man gave it to him to sell.
DANIEL SQUIRES re-examined. I know that Willock was acquainted with Smith for twenty years, and Smith knew Willock was in my employ—about a month ago I bought some sheep at Smithfield, and gave Smith 1s. to bring them home in the cart—he took them to the slaughter-house where Willock was.
Cross-examined by MR. BALLANTINE. Q. Were you there when he took them to the slaughter-house? A. Yes.
WILLOCK— GUILTY . Aged 43.
SMITH— GUILTY . Aged 30.
confined four months.
ELISHA TURNER . I live in Francis-street, Newington. about ten o'clock, on the 14th Jan., I was in Broadway, Blackfriars—I felt my coat pocket pulled—I turned and saw three lads—the prisoner was one—he ran down Broadway, and dropped my handkerchief—the other two ran down a court.
Prisoner's Defence. Two lads ran by me and pushed me into the road.
GUILTY . Aged 17.— Confined Three Months.
JOHN EDWARDS . I am in the employ of John Gregory, a carcass butcher, who has a stall in Leadenhall-market. I had a sheep safe there about half-past five o'clock on Tuesday the 24th Jan.—I missed it when Childs came to me—I found it at the station—it was my master's—I had killed and dressed it—the head was off.
Cross-examined by MR. BALLANTINE. Q. Do you mean to swear that you did not hand it over to Spencer yourself? A. No—I was in the cellar killing when Childs fetched me out—I missed one sheep from a hook on the rail where I had hung it about half-past four o'clock in the afternoon—they hung there for sale—there was no one there to sell them—if any one comes I am called out of the cellar.
Spencer. Q. You killed nine sheep, are you sure your master did not sell that one? A. There were three sold out of the nine—I will swear that I killed that sheep—it had a particular mark on it, by a score on the side, which is different by two or three cuts from those my master sold—I know he did not sell this—I marked it in a particular way and gave it two more cuts at the side—I had no motive for doing so.
WILLIAM CHILDS (policeman.) About half-past five o'clock, on the morning of the 24th, I was coming through Leadenhall market and met the two prisoners—they went into the market—they had no sheep then—I went down Church-row into Crutched-friars, and there I saw Spencer walking quickly with a sheep on his back, in a direction from the market—when they got forty or fifty yards Spencer gave it to Anderson and he gave Spencer his hat to carry—they went through Tower-hill to Thames-street, and there I took them—Anderson had the sheep on his back—I asked where he got it—he said he brought it from Leadenhall market—I said, "Where from?"—he said, "I don't know, that is my master,"pointing to Spencer, who was near enough to hear what was said, but he said nothing—I went and asked Spencer what he was doing with the sheep—he said he had brought it from Whitechapel—I took them both, and in going to the station Anderson told me he brought it from Mr. Gregory's—at the station I said, "Will you take me to where you brought it from?"—he said, "Yes"—he took me to the market and showed me the hook, and said he took it off the hook and gave it to Spencer.
Cross-examined. Q. How was it you did not say a word about that before the Alderman? A. I did—it was not read over to me—Anderson did not tell me that Spencer desired him to take it off the hook—he said he was very sorry, he hoped I should be as lenient as I could with him, but he took it off the hook and gave it to Spencer—I do not expect anything if these persons are convicted—this is my handwriting to this deposition—(The witness's deposition being read, did not state the conversation deposed to.)
Q. Did you desire what you have stated should be added? A. No—I did not think it was necessary—I have been a witness some hundreds of times—upon my oath, I mentioned this before the Magistrate—the clerk never took down that part.
GEORGE HYDE (City police-constable.) I was on duty in Thames-street, and saw the prisoners—Anderson carried the mutton—I went and asked Spencer if it was his own—he said yes, that he brought it from Whitechapel, and was going to carry it to King William-street—I went and asked Anderson where he brought it from—he said from Leadenhall-market.
Spencer's Defence, I met Anderson; he said, "Shall I carry this sheep for you?"—I said, "Yes."
(Spencer received a good character.)
SPENCER— GUILTY . Aged 51.— Confined One year.
ANDERSON— NOT GUILTY .
GUILTY . Aged 17.— Confined Four Months.
GUILTY >. Aged 35.— Confined Four Months.
GUILTY . Aged 53.— Transportedfor Seven Years.
The prosecutor stated his loss at 230l.;
ISRAEL LEVY . I am assistant to my father, Moses Levy, of Gravel-lane. About twelve o'clock, on Friday, the 5th of Jan., I was returning home, and saw the prisoner enter the passage of our house—the door was open—I followed him in, and closed the street door—he returned from the parlour to the passage, with his arm full of shoes—when he saw me, he said, "How much a pound do you give for metal?"—I said, "This does not look like metal"—he then dropped the shoes, used very violent language, and tried to get away—I called a man from the warehouse—as I was going out, one of the prisoner's companions gave me a violent blow on the note, which broke the bridge—when I got the prisoner to the station he was very violent—he said, "I know this is a bellowser for me, and I won't have it for nothing," and he struck me again.
CHARLES COBB . I am the prosecutor's foreman. I heard the cry of "Thieves"—I came down, and saw the prisoner struggling with Israel Levy, and by the parlour door there were a number of shoes, which had no business there.
HENRY FEEBETT (City police-constable, No 624.) I was called to the prosecutor's house—when I got there I saw several persons round the prisoner, holding him—he was trying to get away—he was given into my custody—on the way to the station he began to kick, and got me round the legs—a comrade came up, struck me, and assisted in throwing me down.
Prisoner's Defence. I went to the house; the prosecutor came, caught hold of me, and slammed the street door; he knocked me into the passage, and the policeman came; he said, "I will tell him I caught you going up
the passage, and I know you were after no good.;" since I have been here, he said he did not know that a girl was cleaning the parlour, and she had put the shoes against the door, and he was very sorry for what he had done.
GUILTY .* Aged 22— Transported for Seven Years.
MESSRS. CLARKSON and PAYNE conducted the Prosecution.
ELIZABETH HARDY . I keep a nursery-ground at Edmonton—I succeeded my father in the business. The prisoner was in my father's employ many years—he after that continued in my employ—he was authorised to sell trees, and receive the money for them, on my account—there was a book kept, in which the entries of things sold, and the sums received, was made—it is in the prisoner's handwriting—it was his duty to pay me every evening, sod to enter it in the book—here is an entry, on the 13th of Nov., to Mr. Fryer, "three apples, three cherries, 6s.; two pears, 2s.;" 8s. in all—I received 8s. on the faith of that entry—if 12s. had been paid, I never received the difference—I never received any garden pots purchased of Mr. Fryer on that occasion—I find an entry'on the 28th of November, to Bartholomew Humphery, of one standard plum, 2s. 6d.; three standard apples, 3s.; one standard cherry, 1s. 6d.; making altogether 7s.—I received the money upon the faith of that entry, as so many sold, and so much received—if he received 8s., I never received the other shilling.
Cross-examined by MR. WILDE. Q. The persons send their servants, and it was the prisoner's duty to go and take these things from the ground? A. It was—I have generally seen him every day—I have occasionally seen persons assisting the prisoner in extracting the trees from the ground—I never saw any money transactions with those persons—there were three other persons on the premises—it was the prisoner's duty to call them to help him if he wanted them—the prisoner was to superintend for me—I placed implicit confidence in him—he has been living near my premises—he has a garden, not a nursery—I am not aware that he had any of my things on his premises—I cannot tell whether my pots were there—there have been no misunderstandings as to the way in which bis ground was employed—I had reason to complain of his laxity of duty on my premises—I was not aware that he any things off his ground—I have not been informed that there was a commission allowed to persons who helped to get up trees—there is a gratuity lowed to a gentleman's servant, but in the trade there is a greater gratuity.
MR. CLARKSON. Q. How long is it ago since you found him out in acts of this sort? A. About two years and a half—I then forgave him—he then absconded, but at the intercession of his sister, I consented to take him again—in his book a lesser number was entered, and in one instance the 6 was turned into a 5—I never authorized a commission of 33 per cent, on the sale of fruit-trees.
HENRY FRYER , publican, Tanner's-end, Edmonton. In Nov. I bought eight trees at the prosecutrix's—I asked the price, and the prisoner said the same price as the others, which was 1s. 6d. each—they were brought home for me by Colton—the same day I bought three casts of pots for the prisoner—they came to 5s. 3d.—I received a bill from Cotton, and have lost it—it was made out in Miss Hardy's name, and amounted to 12s.—I did not buy the pots on account of Miss Hardy—I sent the prisoner the balance, 6s. 9d. deducting the price I paid for the pots.
BARTHOLOMEW HUMPHREYS , coachmaker, Tottenham. At the latter end of Nov. I went to Miss Hardy's, and bought one plum-tree, 2s. 6d.; four apple-trees, 1s. each, and one cherry, 1s. 6d.; 8s. in all—the prisoner
offered to send them home, but I declined, and said I Would send down for them—I did not ask for any commission, and did not get any.
(The prisoner received a good character.)
GUILTY . Aged 41.
ELIZABETH HAEDT. The prisoner was in my employ. This is the book he kept of the trees he sold, and the money received—there is an account of trees sold to Mr. Talbot on the 22nd of Nov—apples of different sorts, 18s.—that is all I received—here is an entry to Mr. Hill, on the 15th of Nov., six apple-trees, 6s., two pears, 2s.—I have not received more than 8s.—there is an entry of four pear-trees, 4s., on the 12th of Dec—I have not received more—I did not authorise him to allow Mr. Hill 2s. out of 6s.—or 10s.—or to take anything of the kind himself.
GUILTY . Aged 41— Confined Six Months.
GUILTY . Aged 17— Confined Three Months.
GUILTY . Aged 19— Confined Four Months.
NEW COURT.—Wednesday, February 7, 1844.
Fifth Jury, before Mr. Recorder,
GUILTY . Aged 26— Confined One Year.
GUILTY . Aged 18— Confined One Year.
JOHN FINNIGAN , furrier, Noble-street. The prisoner occasionally assisted me to make up my books, and to carry money to my bankers. On the 8th of Jan. I gave him a 5l.; Bank-note, two sovereigns, two half-crowns, and one shilling; a cheque drawn by John Lee, for 14l.; 15s., and a cheque drawn by Ellis and Everington, for 7l.; 19s., making, in all, 30l.;—he was to pay it in to my account at Masterman and Cos'.—he did not come back—I did not see him again till Monday, the 15th, when he was at the station—these are the cheques—(looking at them)—the prisoner was about to enter into the matter, and I said the least he said there I thought was the best—he then said he had lost a sovereign, and did not wish to return—I asked why he did
not return the next day—he said he did not like—he was disposed to return the money—I said why did he not return the note—he made no answer.
Cross-examined by MR. BALLANTINI. Q. I believe he had been about ten weeks in your employ? A. Yes, but he was with me four or five years previously, in a confidential manner—he was rather inclined to drink, but not so as to prevent his attending to business—the two cheques were crossed to my bankers—it was his duty when he took any money to enter it in a book in the warehouse—he has entered this particular sum—I sent him particularly for a cheque-book, not having one.
GUILTY. Aged 44.—Recommended to mercy.— Confined Six Months.
MR. DOANE conducted the Prosecution.
GEORGE FREEMAN (City police-constable, No. 358.) About twenty minutes after eight o'clock on Sunday evening, the 14th Jan., I was at Puddle-dock—I went to Mr. Muggeridge's wharf, and found the prisoner in a place they call the laystall, in the act of putting a full sack on his back—I asked if he was employed by Mr. Gore—he said, "No, I am not employed by any one"—I then asked what he was going to do with the sack—he said he did not know—there was an empty barge close alongside the"wharf, and next to that outside, was the full one—he afterwards said he was going to shoot it into the empty barge—it was near the shoot where they throw things down into these barges—I took him—the sack was full of oats—I left it there and sent another officer for it.
Cross-examined by MR. BALLANTINI. Q. Where was Mr. Muggeridge's shoot lying? A. Alongside the empty barge—it was about two feet above the second barge, and between the laystall and the full barge there was an empty barge—Mr. Muggeridge's barge appeared to be full—I do not recollect hearing the prisoner saying he had tumbled over this sack—I had known him by sight about the neighbourhood—the sacks are landed from Puddle-dock, not through the laystall—the barges were moored—it was nearly high-water—the water came quite up to the laystall—the sacks were for landing—none of them had been landed.
JOHN MORGAN . I am lighterman to Mr. Templeman. On the 11th Jan. I loaded the barge Louisa with oats alongside the vessel, brought her to Puddle-dock, and moored her alongside Mr. Muggeridge's wharf—there were 500 sacks in her—I saw Mr. Hodson, the foreman, in the evening, and gave him the meter's bill—I did not notice what names were on the sacks—most of them were Mr. Muggeridge's sacks.
Cross-examined. Q. Where did you load the barge? A. In the middle of the river, at Mill-stairs, nearly a mile and a half from this wharf—moored the barge at about half-past six o'clock—I counted the whole of the sacks on getting them in—I am certain it contained 500 sacks.
JOSEPH HODGSON . I am in the service of Henry and Edward Muggeridge's corn-merchants. On the 11th Jan. I received a bill relating to some oats on board the Louisa—I saw the sacks on the barge—I did not count them—I
afterwards saw these sacks unloaded, and I counted them on the Monday following, the 15th Jan.—I found 498 sacks of oats in the Louisa—they were my masters'—about half-past six o'clock on Monday morning I found a full sack about two yards from the shoot at Gore's wharf—it was Messrs. Muggeridge's sack, and was marked H. and E. Muggeridge—it corresponded with those in the barge—I know the prisoner—he had no business on the wharf on Sunday night—I cannot say whether the wharf was closed—it is a public wharf till ten o'clock on Sunday night, and is open to accommodate the lightermen—the prisoner was not employed by Messrs. Muggeridge.
WILLIAM HALES , I am in the employ of Mr. Gore, who has a wharf at Puddle-dock. On Monday morning, about four o'clock, I found a sack of oats in the hold where we put our manure—I let it remain there, and gave information—I gave it up to Mr. Muggeridge's foreman—the prisoner was not employed by Mr. Gore—he had no business at Mr. Gore's wharf on Monday night.
HENRY ROWS (City police-constable No. 353.) In consequence of information from Freeman, I went to the laystall about half-past eight o'clock on Sunday evening and found a sack of oats—I took it to the station—I took a sample from the sack—I also saw a sack in possession of Mr. Hodgson—I took a sample from the corn in the barge—I think the samples corresponded.
GUILTY . Aged 31.— Confined One Year.
JAMES JOSEPH JOLLAND . I am a dyer, and live in High-street, Newington—the prisoner assisted in my business, and was employed to receive money on my account—she has never accounted to me for 2l. from Mr. Lester, at Messrs. Godfrey and Sons', vinegar-merchants, Bankside—when she received any money she was to give it up directly, and have it entered in the cash-book directly she came in—she was not allowed to retain it.
WILLIAM LESTER . On the 11th of Sept. I paid the prisoner 2l., for Mr. Jolland—it was due from Messrs. Godfreys—she produced this bill, and put her name to it, on payment of the money—the colour did not stand, and the prisoner said she was authorized to deduct the 9s. 6d., and signed her name to the bill—I gave her 2l.;
Prisoner. I paid it to Mr. Jolland's sister—he never received any monies from me—she received all the bills, and kept the books. Witness. My sister generally received the money, and kept the books—there is no entry of this in the books—my sister is not here.
NOT GUILTY .
THOMAS STONE . I live in Christ's Hospital. On the 4th of Nov. I paid to a female a sum of money—to the best of my belief it was the prisoner—I cannot positively swear to her—this is the paper she signed—I gave her a 5l.; country note, asking her to give me the change—she said she had not got it, and went out of the house, and obtained it, brought it back, and gave it to my servant—I was gone out then—I delivered the 5l.; note to the prisoner—this is a bill sent to me by Mr. Jolland—here is a receipt to it—it was written in my presence by the prisoner—she has not put her name to it, only, "Settled, for J. J. Jolland, Nov. 4, 1843"—I saw her writing, but did not look at the bill, to see what she had written—I was in another room—a servant
came to me and said a person had called for Mr. Jolland's account—I had the bill by me at the time—I went into the room, and said to the person, "So, you have called for Mr. Jolland's account?"—she said, "Yes"—I produced the bill, and the money was paid on the footing of that account immediately.
Prisoner, Q. Do you recognise me as the person? A. To the best of my knowledge you are the individual—my servant is not here—I am not aware whether she had any conversation with the person, except when she took the change—the individual took the note out, the bill being 4l.; 14s. 9d., and brought the balance back to my servant.
JAMES JOSEPH JOLLAND . I live in High-street, Newington. The prisoner was formerly in my service, and left me on one day in Oct.—she wasnot in my service on the 4th of Nov., nor employed or allowed by me to collect any money on my account—Mr. Stone, of Christ's Hospital, was indebted to me 4l.; 14s. 9d.,—I know the prisoner's handwriting—to the best of my belief the writing on this bill, "Settled for J. J. Jolland, Nov. 4, 1843," is hers—I can speak positively to it.
Prisoner's Defence I did not fetch any of that work, nor take any of it home. I did not know the amount of the bill, nor whether Mr. Stone had the bill or not.
J. J. JOLLAND re-examined. I have seen the prisoner write at the desk repeatedly—my opinion is formed from seeing her write—I can swear positively that this is her handwriting, without any doubt in the world—this "Mr. Stone" on the top is my sister's handwriting—my sister has perhaps called for bills, and received them, but she does not usually do it—I am quite sure that what I say is the prisoner's writing on this bill is not my sister's—I am quite sure the receipt is the prisoner's writing.
Q. Is this in the prisoner's usual character of handwriting? A. Yes, I am quite familiar with her handwriting.
(The prisoner put in a written defence, declaring that she was not the person who had received the money.)
GUILTY .* Aged 21.— Confined One Year.
MATHEW GARDNER . I live in Garden-row, London-road, Southwark. I am assistant store-keeper to the Gas Company—I have always understood it to be the Chartered Gas Company—their works are in Horseferry-road—we have an act to authorize the company to sue and to be sued in this name—the prisoner was in their service as a gas-fitter—I missed some brass cocks out of the store-room under my charge, and I had the remainder counted, but I did not count them myself—they were lost from a room to which the prisoner had access, to get meters—he applied to me on the 12th of Jan. for meter, and I allowed him to go into the store-room for it—upon his coming out I caused the cocks to be counted, and supposing that they were correctly counted, I missed two—I called him, and told him I missed two, and he said he had not got them—the warehouseman asked if he had got them about him—the prisoner said, "No"—it was proposed to search him, and I sent for policeman—before he had time to arrive, the prisoner pulled two brass cocks from his coat-pocket, and put them on a shelf—he said he did not know what induced him to take them.
Cross-examined by MR. WILDE. Q. The prisoner has been in the employ upwards of nine years? A. I believe so, and during that time has given every satisfaction—he has borne an unexceptionable character.
NOT GUILTY .
CORNELIUS BELCHEM , grocer, Little Russell-street. On the 5th of Jan. the prisoner came to me, and said he had left his former master, and asked if I could give him any employ—I said, "Not at present"—he asked if he could deliver some hand-bills for me—I said if he would deliver a few, I would give him a small trifle, and his tea—he was to call the next morning, which he did, and I sent him with some parcels, which he delivered—he came back, and I gave him his dinner, and then gave him a parcel to deliver to Mr. Law, the keeper of the Borough Compter—I also sent him to Mr. Taylor, in Brick-lane, with 3s. 9d., to get 7lbs. weight of cocoa—he never returned—I never received the money for the parcel.
Prisoner. I never had the money. Witness. I gave him three shillings, a sixpence, and three pence.
THOMAS LLOTD (City police-constable, No. 584.) I apprehended the prisoner in Botolph-alley, Eastcheap, on the 11th of Jan.—I asked if his name was Maddox—he said it was not, it was Evans—I said I must detain him according to Mr. Belchem's description of him—I asked if be knew Mr. Belchem—he said he did, and he had received some money on Mr. Belchem's account, but had lost it—he then said his name was Maddox—he said nothing about the parcel or the goods—the depositions were read over to me—this is my writing—(looking at the deposition)—I do not recollect making this statement at all.
GUILTY . Aged 20.— Transported for Seven Years.
JOHN PERRETT , boot and shoemaker, Paddington-street, Marylebone. On the morning of the 5th of Jan. I was at breakfast in my parlour, at the back of my shop—on turning my head, I saw the prisoner take these boots and shoes off my counter—he went out—I followed him to the door, and called, "Stop thief"—he was stopped just before he got to High-street—(he went along Paddington-street towards High-street)—I laid hold of him, and charged him with having taken my boots and shoes—he said he had not—I said I was certain I had seen him take them off the counter—I took him into my shop, and in a few minutes the constable came—I found the boots and shoes just outside the door—I am sure the prisoner was the person who took them—I lost sight of him going out of the door—I saw him again running very fast.
Cross-examined by MR. WILDE. Q. Were there any other persons in your shop? A. No—there were marks on my shoes, which I know them by—I did not lose sight of the prisoner while I was following him—I followed him twenty or thirty yards—there was no turning.
JOHN FOX ALL , hosier, Paddington-street. A little before nine o'clock, on the morning of the 4th of Jan., I was at my door, directly opposite the prosecutor's—I saw the prisoner coming out, with something under his coat—I heard the prosecutor shout loud—the prisoner had just got to the next house, and dropped a parcel of shoes in the doorway—I saw him stopped—the boots and shoes were picked up by a young woman, who took them into the shop—I am quite sure I saw him drop them.
Cross-examined. Q. Did you see any one else outside the shop? A. There was no one at the time—I had been standing there five minutes.
(Properly produced and sworn to.)
GUILTY .(†) Aged 21.— Transported for Seven Years.
CHARLES JARMAN . I live with my father and four brothers, in Addle-street, Wood-street. The prisoner is one of my brothers—on the 11th of Jan. I went out, leaving the prisoner in charge of the room I lived in—my brother James had a box there—it was safe and locked.
JAMES JARMAN . I am the prisoner's brother. I went home to dinner at four o'clock, on the 11th of Jan.—I found the room door unlocked, and no one in the room—in a few minutes I missed my coat and violin, worth 16s., from my box—on the second night after, the policeman came and told me my brother had givep himself up, and told them what he had done with the coat and violin.
DAVID BROOKS , of Wheeler-street, Spitalfields. On Thursday, the 11th of Jan., I saw the prisoner in Widegate-alley—he was about to sell a violin and coat—he told me he was offered 2s. for them—I asked if they belonged to him—he said, "Yes"—I asked why he wanted to part with them—he said his mother was dead, his father had gone into the country, and he wanted to raise some money to go down to his father—I said they would pledge for more than 2s.—he said if he could get some one to pledge them he should be glad—I pledged them for him at Mr. Arnold's, in Shoreditch, for 3s.
Prisoner. I gave him the tickets, and 3d. for his trouble. Witness. It is false—he was going to tear them up—I told him where I lived, and said I would take care of them—I never saw him before.
----ARNOLD, High-street, Shoreditch. Brooks pawned the coat and violin with me, for 3s.
THOMAS GROVER (City police-constable, No. 135.) About eleven o'clock, on Saturday night, I met the prisoner—he told me he had broken open his brother's box, and taken a coat and violin—he wished I would lock him up—I took him to the station, and the inspector sent for his brother.
Prisoner. I never told him that I had broken my brother's box open. Witness. Yes, he did, and said he pawned them in High-street, Shoreditch.
GUILTY . Aged 16.— Transported for Seven Years.—Parkhurst.
SAMUEL COOHLAN . I am in the service of Thomas Mace, of Broad-street, St. Giles. On the night of the 9th of Jan. my attention was drawn to the side counter—I missed a piece of bacon from it—I ran into the street, and saw Brooks holding the prisoner—I brought him back—my master asked him where the bacon was—he said, "The bacon is in your shop, so help me God."
HENRY LUCKING . I am in the service of Mr. Cooper, next door to the prosecutor's—I was in the prosecutor's shop—the prisoner came in, took a piece of bacon up, and went out—a boy had got hold of him by the legs.
CHARLES BROOKS . Ilive with my father in Great St. Andrew-street. I saw the prisoner come out of the shop, and heard Lucking call, "Stop thief—the prisoner had a piece of bacon under his arm—I followed him and caught him against the railings—I seized him by the legs—I then saw him take it
from under his arm, and slide it along on the ground—another person in a smock frock ran off with it.
WILLIAM BOWYER (policeman.) I apprehended the prisoner—he said he went into the shop for half an ounce of tobacco and laid down 1 1/2 d. on the counter—he came out without the tobacco or the halfpence.
(The prisoner pleaded distress.)
GUILTY . Aged 34.—Recommended to mercy.— Confined Seven days.
GUILTY . Aged 19.— Confined Six Months.
GEORGE CAWSE . I live in Curzon-street, May-fair. The prisoner was my potman, and had to receive money and to account to me every night—I delivered him a bill of 4s. 8d. for Mr. Bell, on the 18th Dec—I did not receive the money, nor did he account to me for it.
Cross-examined by MR. BALLANTINE. Q. Did you that day deliver other bills for other customers? A. Yes—I cannot recollect how many—I think he accounted for forty-seven pots of beer that evening—he did not balance the account—he owed me 5s. 3d. besides that day's beer—he did not pay me any money over that evening—I think he paid me 5s. 3d. that evening, including 2s., 4d.—I am sure it was not 8s. or 9s.—I did not make any entry of what I received—I send out a quantity of beer, and he has to account for that when he comes back—I am not aware that he was trusting persons with my beer.
ROBEET BELL . I am porter to the Duchess of Cleveland, Seymour-place, May-fair. I deal with the prosecutor—the prisoner came to me on the 18th Dec, and brought a bill for 4s. 8d.—I paid him and he gave me a receipt.
Cross-examined. Q. You have paid many bills to him? A. Yes, generally every week.
WILLIAM FLOOK (police-constable C 98.) I took the prisoner on the 26th Dec. at his master's house—he said he had received this bill, and if Mr. Cawse would give him time he would pay it on the following day.
GUILTY . Aged 20.— Confined Two Months.
WILLIAM THOMAS . I keep an eating-house in High-st, Shoreditch. The prisoner was in my service—I received some pence which I put in papers, and locked them in a drawer up stairs—my cousin or I kept the key—on the 3rd of Jan. I went to the drawer—I found it locked—I opened it and missed two papers of coppers—on the 5th of Jan. I searched the prisoner's box—it was locked—she burst it open saying she had lost the key—I found this paper of copper in it—I know it, as it is rather a thicker paper than we usually put them up in—it was done up like the others, and a person could tell by the feel what was in it—I gave her in charge.
Cross-examined by MR. DOANE. Q. Do you swear to it by anything but by the paper being thicker than usual? A. Nothing else—it is not at all uncommon to have a large accumulation of copper done up in this way—the prisoner showed no hesitation in bursting open this box—she said she had got it in change for a sovereign which had been given her by a gentleman whom she had met.
denied stealing the coppers, and said they were her own—I said, "You need not tell me unless you choose; but where did you get them?"—she said she went out on the Friday before, and met a gentlemau in Covent-garden and received a sovereign from him, that she changed it at the bar of a public-house, and got a half-sovereign and 5s. in coppers—she was remanded, and, at the Magistrate's request, I went with her to Covent-garden market, to find the house—she pointed out a house in Drury-lane—she said that was the house—I asked the landlord if he had any other bar-man than the young man behind the bar—he said no, it was his son, and he had no one else—I then asked the prisoner if that was the young man—she said, "Yes"—the young man denied it, and the master and mistress said they never had so many coppers—this paper contains copper pence.
GUILTY. Aged 22.—Recommended to mercy.— Confined Four Months.
FREDERICK THOMPSON . I am clerk to Thomas Cubitt, he has a house in Gordon-street. On the morning of the 11th of Jan. I went with the police-constable, and found the lead taken away from the lobby-flat, at the back of that house, which had been entered by the scullery window, in the area—I had seen the lead safe there early on the previous morning—I saw this lead compared by our foreman, with parts where it had been cut away—it corresponded exactly, and it is Mr. Cubitt's.
CHARLES BRANT (police-constable E 106.) On the 10th of Jan. I met the prisoners together in University-street, about a quarter of a mile from Gordon-square, going in a direction to Tottenham Court-road, from Gower-street—I followed them and stopped them—Clark was with me—I took William—he had a quantity of lead on his shoulder—I asked what he had got—he would not tell me, but said what he had got was his own—I took the lead with them to the station—I afterwards compared it with the house in Gordon-street—it exactly corresponded with where it had been cut away—there was the marks of nails, and marks on the board where it had been taken from.
FREDERICK CLARK (police-constable E 152.) I was with Brant—I took Henry with a quantity of lead on his shoulder—he did not say where he got it—I saw it compared with the flat in Gordon-street—it corresponded exactly with what was left on the flat.
William Foy. I was coming from King's-cross, and two men asked if I would earn a couple of shillings. They asked us to carry the lead to Crow-street, and wait till they came.
WILLIAM FO'Y— GUILTY . Aged 19
HENRY FOY— GUILTY . Aged 17.
confined six months..
ESTHER PITMAN , widow, Chiswell-street. On the 30th of May the prisoner came into my service, and left on the 30th of June—while she was with me I missed three shifts and other things—these are my shifts—they were kept in a drawer in the store-room.
Prisoner. I did not take them; her drawers were turned over three times, in my presence, and they were not missed. Witness. They were missed with other things—this one has my mark on it.
JAMES HAMS (policeman.) I produce three duplicates, which I got from the prisoner's mother—two of them refer to these shifts pawned on the 14th and 15th of June—I told the prisoner her mother had given me the duplicates—she said she must have been a pretty sort of a mother.
GUILTY . Aged 22.
LUCY SHEPPARD . I am single, and live with the prisoner's mother, in Greenwood-street, Mile-end. On the 2nd of Aug. I went into the country, leaving the prisoner at home—I returned on the 21st of Dec, and missed the articles stated—the prisoner was not at home—I spoke to the police, and saw the prisoner at the office—these are the tongs—they are mine—the other things have not been found—I called the prisoner's mother up, and told her my room had been robbed, and she gave me the duplicate of the tongs—I also lost a watch.
JAMES HAMS (policeman.) The prosecutrix gave me information, and I took the prisoner at the House of Correction, on the 9th of Jan.—I told her the charge was for breaking into Mrs. Sheppard's room, and stealing a watch, tongs, blankets, and two books—I received the duplicate of the tongs from Mrs. Sheppard, and by that I got the tongs.
WILLIAM DAVIDSON DAY (policeman.) I was called to the station to take charge of the prisoner, while Hand's went to her mother—the prisoner said she had committed the robbery, and taken the key from the table-drawer—that she undid the door with it, and the watch the left with Mrs. Fisher—she said she had taken a pair of blankets, a pair of sugar-tongs, a watch, and some books.
GUILTY .* Aged 22.— Transported for Seven Years.
(There were two other charges against the prisoner.)
WILLIAM HENRY PURSEY , fruiterer, Spring-street, Paddington. About twelve o'clock on the 9th of Jan., I was going through Westburn-street—I saw the prisoner 'and another—the prisoner was leaning against some railings—I watched them, and went down to a house—when I came out again, the prisoner was walking away with a bundle—he had none when I saw him before—I followed him up Cambridge-terrace, into the Edgware-road, and pointed him out to the policeman—I afterwards saw him in custody—he had no bundle then—I went back the road he had passed, and found the bundle inside some railings at the corner of Queen-street, and saw it picked up—this is it.
WILLIAM BECKLEY (police-constable D 158.) I met Pursey—he pointed out the prisoner to me—I followed him—he turned up Queen-street—I ran, and when I got there he was running across the road in the direction of Little Queen-street—he let the bundle fall—he turned, and saw me—he ran on—I took him, and brought him back the same way—a man took up a har, and gave it him—he said it was his—I saw the bundle at the corner of Little Queen-street.
MARY KIRK . I am servant to Richard Walker Rushforth, of Westburn-street. There are three pairs of boots in this bundle, two pairs of boots, belonging to Miss Walker, and one pair to Mr. Daniel Rushforth, Mr. Rushforth's
son—they were all under the care of Mr. Rushforth—they were put on the ground-floor, near the kitchen, to be cleaned.
GUILTY . Aged 17.— Confined Four Months.
NEW COURT.—Thursday, February 8th, 1844.
Sixth Jury, before Mr. Recorder.
639. JOHN WHITE was indicted for stealing 5lbs. weight of brass, value 3s., the goods of John Payne; and JOHN DAVIS for feloniously receiving the same, well-knowing it to have been stolen; against the Statute, &c.
MR. WILDE conducted the Prosecutions.
THOMAS BARNES (City police-constable, No. 334.) About five o'clock in the afternoon of the 22nd of Jan., I was in Shoe-lane, near the Black Dog—I saw White there—he handed a small parcel, wrapped in paper, over to the bar-maid, winch she put under the counter—I remained near, and about eight o'clock Davis went into the Black Dog, and the parcel was handed over to him by the bar-maid it contained this brass.
MARY CHESTER . I am housekeeper at the Black Dog—the two prisoners were in the habit of frequenting there. In the afternoon of the 22nd of Jan., White left a parcel—Davis called in the evening, three or four hours after, and asked for the parcel his master had left—I gave him the same parcel.
Cross-examined by MR. BALLANTINE. Q. How long has White frequented your house? A. cannot say.
Cross-examined by MR. BALLANTINE. Q. Was there any concealment? A. No.
GEORGE WARDLE (City police-constable, No. 325.) I took this ingot of brass to Mr. Payne's—I was in company with Barnes, and apprehended White—I was in a public-house, watching them—I saw the ingot of brass compared with the brass at Mr. Payne's—it corresponds exactly—White was taken for a piece of metal he had left at a public-house for Davis—he said he had left nothing of the kind; he knew nothing about him—I saw the parcel delivered by the bar-maid to Davis—Iknow it was the parcel which contained the ingot of brass—I saw it taken away by Barnes, and examined it—Davis was taken as soon as he left the house—Barnes was standing at the door.
Cross-examined by MR. BALLANTINE. Q. Do you swear that you saw any metal on the prosecutor's premises with which this corresponds? A. No, only in the mould—the brass corresponds with the mould.
Cross-examined by MR. DOANE. Q. Did you go to Davis's house? A. Yes, and searched it—he did not offer any resistance when he was taken—I saw him brought up before the Justice—I gave my evidence, and so did all the other witnesses—Davis showed that he bore a good character, and the Justice allowed him to go at large without bail on entering into recognizances—I saw him in front of this Court on Tuesday, and told him I wanted him—I had got a certificate of the indictment.
out of my premises—it is manufactured by me—it is now in a rough state—it is again melted and mixed with other metal—it fits the mould in which I cast—there is no other mould like it—I possess the patent of this mould—White is in the employ of Whitfield and Hughes, in New-street-square—he came constantly to my premises, several times a day—he was there on the 22nd of Jan.—the Black Dog is about twenty or thirty yards from my premises—there was brass of this kind in the foundry, to which he had access—I have no doubt whatever that this was on my premises.
Cross-examined by MR. BALLANTINE. Q. How long have you been la business? A. The last two year—I succeeded my father—this mould may have been in the factory a great many years—there are other houses of the same kind as mine in London, but not many—we do not supply retail dealers—we cast work for other houses—during my father's time there were several robberies, and I am now prosecuting five cases of receiving—there were two or three similar cases to this in my father's time—I have twenty servants, about the same number as my father—I have dealt with Whitfield and Co. during the time I have been in business.
COURT. Q. When did you last cast brass in this mould? A. On the previous Thursday—I believe this brass to have been cast recently—if it had been cast long, the grain would have been dull, and if it were broken now it would be very bright—the whole appearance exhibits that it was recently cast—I should think it had been cast within three weeks—it is very rare that I have any on my premises a week old—what is made is generally used the succeeding week.
MR. BALLANTINE. Q. Does not the dullness arise from want of its being handled? A. No—it would obtain a brighter colour from its being handled, bat still there would be a distinction.
(The prisoners received good characters.)
WHITE— GUILTY . Aged 38.— Confined One Year.
DAVIS— NOT GUILTY .
640. JOHN MULLINS was indicted for stealing 2 table cloths, value 15s.; 3 decanters, 1l.; 1 vase, 2s.; 1 sugar basin, 4s.; 14 wine glasses, 14s.; 23 knives, 23s.; 2 sheets, 1l.; 1 yard of lace, 2s. 6d.; 1 pot of cold cream, 2s. 6d.; 1 basket, 6d.; 2 water bottles, 5s.; 12 tumblers, 2l.; 6 spoons, 3l.; 1 pair of candlesticks, 10l.; and 1 shirt, 5s.; the goods of Robert Keate, his master, in his dwelling-house.
JAMBS SMITH (police-constable E 107.) In consequence of information, on Saturday the 6th Jan., I went to Mr. Murray's house in Rutland-gate—I found the prisoner living there as butler—I told him I took him on suspicion of felony—he said he knew pretty well what it was about—I asked him to go down stairs into the pantry—I sent for Mr. Murray, who came, and cautioned the prisoner not to answer any questions, or say anything that might criminate himself—he then pointed out a large trunk, a carpet-bag, and a hat-case, as his property—I took them with him in a cab to the station—on the way he said his wife often said she would do for him, but he never thought she would keep her word—in the trunk I found twelve knives, a carving-knife, a fork, and a steel, two pairs of socks, and twelve duplicates—in the carpet-bag I found shoes, and other things, the prisoner's own property, and four plate brushes—I went the same day to George-street, Foley-plase, where the prisoner's wife lodged—I found there a pair of plated candlesticks, a snuffer and tray—the wife gave me thirteen duplicates and eight wine glasses.
Cross-examined by MR. BALLANTINE. Q. Were the words he used whea apprehended, that he knew very well what it was about? A. Yes, he also
said he guessed there was something the matter—I received the information from his own wife, and in consequence of that information went to his apartments—she came up to me in Riding House-lane, about two o'clock the previous day—she did not tell me any time to go and see the boxes—I had never seen her before—she came up and spoke to me as a policeman on duty.
HANNAH SUTLIFFE . I am housemaid to Robert Keate, Albemarle-street. The prisoner was butler there about three months—he quitted his service on the 28th Dec.—I know a person named Bridget Mullins, by sight—she was h the habit of calling on the prisoner—she never came farther than the street door, except three times—the first time the prisoner had met with an accident, and he said, "If my laundress comes, ask her down, I want to see her"—another time she came to inquire for the prisoner, he was out, and my fellow-servant insisted on her coming down till he came in, which she did, and was shown into the housekeeper's room—I saw her come in and go up—on the last time, when she went away the prisoner went out with her—we did not know she was his wife—she always came in the character of his laundress—she did not give any name till New Year's-day, which was the third time that was when she came to tell me she was the prisoner's wife—he was gone then—these are Mr. Robert Keate's candlesticks—I had seen them occasion* ally in use—I believe these knives to be Mr. Keate's and such as were in me—here are some of the same pattern to compare them with—these socks and carpet-bag are Mr. Keate's—the prisoner's wife had no opportunity of taking anything while I was with her—I did not lose sight of her when she came in January—I think these plate-brushes were there when the prisoner came into the service—here is a shirt, and a table-cloth, with Mr. Keate's name on them—this china vase is Mr. Keate's, and was always kept in the pantry cupboard—when the prisoner's wife came she brought linen to him and took it away to be washed, and with the single exception of that time when she waited in the housekeeper's room, she was not out of the prisoner's company—he came in and they went out together.
Cross-examined. Q. Have you seen his wife since he has been committed? A. Yes, at the office—she used to tell me tales about him—she had a child at the breast, which she called his child—Mr. Keate has eight servants—my duty generally takes me up stairs three or four hours every day, and then the butler attends to the door—there is an area gate—while the prisoner was there he and I were the only persons in the house, except for six weeks—during that time. I was in the country, and then another female and the prisoner were in the house—he had charge of the place, and access to the cupboards and plate chest—while I was in town I kept the key of the cupboard and the linen—when I left I gave them to Mr. Keate—these are common plated candlesticks—these knives were in parlour use—this shirt was kept in Mr. Keate's drawer.
JAMES HALL , shopman to George Frederick Hall, pawnhroler, Norfolk-street. This table-cloth was pledged, with two sheets, for 8s., on the 29th of Dec., by a female; and on the 2nd of Jan., a decanter, for 1s., by the same female.
ROBERT KEATE . I am a surgeon, and live in Albemarle-street, in the parish at St. Gorge, Hanover-square. The prisoner was my butler three months—I believe these candlesticks, china vase, coffee-cups, and drinking glasses, to be mine—there are two candlesticks like these missing from my stock—I have frequently seen the vase in the drawing-room—there has been no one in the house but myself for three months—I had only the housemaid in town while the prisoner was with me—she became ill, and I sent her into the country, and sent for another to come up to take her place—I had a vast
number of glass articles—the name of Stoddart is on some of the knives—they are surgical instrument makers, and do not make knives for other persons—Stoddart has been dead some years—I do not know whether any knives or forks are missed from my stock, as my footman is out of town.
Cross-examined. Q. May your stock have been deficient before the prisoner came? A. I cannot say—I am so occupied, that I leave it to my silversmith to look it over when my servants come—he has never stated to me that there was any deficiency—the prisoner had the key of the chest, containing plate worth 300l.;
ANN CHESTERMAN . I live in Oxford-market. I saw a certificate of the prisoner's marriage—he lived with Bridget Mullins as his wife—they lodged at Davis, the chandler's shop, a few doors from me—when he was taken they were lodging at No. 25, George-street, Foley-place—his wife occupied the second floor back room.
WILLIAM BEZANT , pawnbroker, South Audley-street. I have a table-cloth, pawned on the 30th of Oct., for 2s., and twenty-three knives on the 11th of Oct., for 8s., by a female—I saw the prisoner's wife at the office—I cannot say whether she was the person.
MARY RUSSELL . I keep a glass and china shop, in George-street, Foley-place. I bought twelve glasses for 4s., of a person who called herself Mrs. Mullins—I do not know her to be the prisoner's wife—I never saw him till he was at Marl borough-street—the woman told me she had been in business, and had these left.
NOT GUILTY .
641. JOHN MULLINS was again indicted for stealing 13 knives, value 2l.; 1 fork, 5s.; 1 steel, 2s. 6d.; 1 carpet-bag, 2s. 6d.; 1lb. of snuff, 5s.; 2 mugs, 2s.; 1 jar, 6d.; 1 box, 5s.; 1 bottle, 2s.; 4 brushes, 7s.; 1 pair of candlesticks, 2l.; 1 pair of snuffers and tray, 1l.; 10s.; and 3 pair of socks, 1s., the goods of Robert Keate, his master, in his dwelling-house.
JAMES SMITH (police-constable E 107.) In consequence of information, on the 6th of January, I went to Mr. Murray's house—I told the prisoner what I came about—he said he knew what it was about—I was dressed in plain clothes—he asked me to go down into the pantry—Mr. Murray was sent for, and cautioned the prisoner not to say any thing—I told him I should take him and his property to the station—he pointed out a large box, a carpet-bag, a leather hat-case, and a silk umbrella—in the trunk I found. thirteen knives, three pairs of socks, a jar of cold cream, a jar of snuff, a carving-knife, fork, and steel, a pewter bottle, a fur boa, and four plate brushes, and at his lodging, a pair of candlesticks, snuffers and tray—I went from Mr. Murray's to the station-house, taking the prisoner with me in a cab—on the way he said his wife had often said she would do for him, but be never thought she would keep her word—I went to the lodgings in George-street, Foley-place, the same day—I saw the prisoner's wife there—she gave me thirteen duplicates, a piece of lace, and eight wine glasses—all the duplicates are in the name of a female.
Cross-examined by MR. BALLANTINE. Q. Had you reason to believe, when you went to the house, that the prisoner had a box there? A. Yes, his wife told me he had a box, a carpet-bag, an umbrella, and a hat-case—I did not know where they were to be found, or where they were kept—I met him at the hall-door—the carpet-bag was full of a quantity of shoes that had been worn, and some other trifling things of his own—I cannot say whether it was
locked or not—he put things into it and locked it when I took it away—the knives were at the bottom of the box, and his own linen, and a quantity of books and other things were over them—there were other servants at Mr. Murray's—I have been there since to ascertain whether Mrs. Mulling had been there.
COURT. Q. Where were the socks? A. About the centre of the box—the boa was near the bottom of the box—the brushes were in the box.
HANNAH SUTLIFFE . I believe this carpet-bag to be Mrs. Keate's—I had seen it in use—it has been in the house for the last six years—I cannot exactly swear to it—it has every appearance of Mrs. Keate's bag, with the exception of her name, which was on a leather at the back—there is an appearance of a leather having been taken off—I have been eight years in the service—this carpet-bag was used to carry things when they travelled—I have often had it in my hand—it usually hung in a press in Mrs. Keate's room—I have every reason to think that these thirteen knives are Mr. Keate's—there is the same name on them as on one I have brought from home—I know nothing of the snuffers or the jar—I fancy I have seen the bottle, but am not certain—I think these are four brushes that the prisoner showed me when he was cleaning the pantry drawer out, where they were kept—these socks are Mr. Keate's, and have "R. K." on them—these candlesticks are such as were used in the family two or three years ago—they were put up at the top of the pantry cupboard—I have no doubt they belong to Mr. Keate—I believe this snuffer-tray was used in the school-room—I have not seen the candlesticks for the last year and a half.
Cross-examined. Q. I suppose the policeman and you have talked this matter over? A. No, I have not seen him since the last time I was at the station—I know that Mrs. Keate has not got her carpet-bag in the country, because I have had it in use for the young ladies—we went out of town on the 28th of October, and on the Monday before it was in use—I sent it to Mr. Keate's laundress with some dirty linen in it—I did not know of its coming back till the prisoner said to me at the station, on the Saturday, "Did not you send it to the laundress?"—I said "Yes"—none of his things were in the bag to go to the laundress, only the young ladies' things—they were brought home in a basket, and the carpet-bag with them—I did not see the bag brought home.
COURT. Q. When was this conversation with the prisoner about sending this bag to the laundress? A. On the 6th of Jan., the day he was taken—I was asked at the station if I could swear to the carpet bag—I did not wish to swear to anything as Mr. Keate was not in town—I said no I would not swear to it—the inspector said, "You must swear to it"—I said, "No Sir" it was then said that I had lent the prisoner this carpet bag—I said I had not—the prisoner said, "Did you not send it to the laundress?"—I said, "Yes, it ought to have come home the night before I left town"—I have not seen it in Mrs. Keate's cupboard since Sept. last—I was not at home when the things came from the laundress—they ought to have come home on the Friday, and they did not—the prisoner was in town when they came home—they came down to the young lady the week following—the prisoner was continually in town, till he quitted the service—I was in the house part of the time, and did not go out except to chapel on Sunday evenings.
(The prisoner received a good character.)
GUILTY. Aged 37.—Recommended to mercy by the Jury.— Confined One Year .
WILLIAM DARLINGTON , cabinet-maker, George-street, Hampstead-road. On the 6th of Jan., as I was coming up stairs from the kitchen, I heard foot-steps at the foot of the stairs—I found the prisoner and another in the hall—the prisoner had a large bundle tied up in a red table-cover in his hand—the other had a kind of dirty clothes bag, or something of that kind—they both got out of the house, and the other got away—the prisoner had his face towards me—the other was opening the door—I sprung forwards—the prisoner got out, and shut the door in my face—I got it open—he dropped the bundle at the foot of the steps, and ran away—I followed him, and called "Stop thief!"—he crossed George-street, and up the New-road, and was stopped within about twenty yards of Tottenham Court-road—I only lost sight of him when he shut the door in my face—I did not lose sight of him from the time he began running—when I came up to him a young man had got hold of him—I collared him, and said, "Come along you vagabond to the place from whence you came"—I accused him of robbing the house—he said, 'Oh no, he did not'—I asked him, why he called "Stop thief"—he said because I called "Stop thief"—a policeman took him—I found the bundle in my house, which I had seen on the steps—it was picked up and taken inside—these two blankets, two sheets, and four table covert, are the property of Henry Bond, my lodger.
Cross-examined by MR. PAYNE. Q. This was about seven o'clock in the evening? A. Yes—the prisoner crossed Orange Tree-yard—there is a turning out of George-street to go to the yard—it leads into the New-road—I was about three yards from him when I saw him with the bundle—he was about six yards from the house when I opened the door—he had only just dropped the bundle—I was flurried—there were not many persons running.
COURT. Q. Are you clear that the person you saw running out in the street, was the person you saw at the top of the stairs in the hall? A. Yes.
SAMUEL RAVENHILL , engraver, Batemans buildings. Between seven and eight o'clock, on the 6th of Jan., I went to the New-road, I heard the cry of "Stop thief," I turned round, and saw the prisoner on forwards crying "Stop thief"—I hesitated a minute, till the prosecutor called out "Stop him" I took hold of him for a minute till the prosecutor came up and took him—there was no one running before him—he said, "I am not the thief, I was running after the thief."
Cross-examined. Q. Which way were you going? A. Towards Tottenham Court-road, and he was going the same way—I turned round immediately I heard the cry—he was the very first—I cannot tell whether any person had gone before I heard the cry.
WILLIAM DOWNS (police-constable S 190.) I went to George-street, and found the prisoner detained there—I was desired to bring him into the house—Mr. Darlington showed me a bundle, and said the prisoner stole it, and desired me to take him—he said, "It was not me"—when he got to the station he said he lived in Bunhill-row—I inquired, and no one knew him there.
Cross-examined. Q. Perhaps you inquired for the name of Tyson? A. Yes, that was the name he gave.
HENRY BOND . I lodge at Mr. Darlington's house, in George-street—these articles are mine—they are worth about 50s.—I left them in town when I left on the 24th of December—I returned on the 10th or 12th of January.
Cross-examined. Q. How do you know them? A. There are several
marks on the toilet-covers of port-wine, and the sheets are considerably larger than most sheets.
GUILTY . Aged 19.— Confined One Year.
643. WILLIAM SMITH was indicted for stealing 1 saddle, value 3l.; 1 bridle, 5s.; and 1 horse-blanket, 5s.; the goods of Edmund Haynes: 1 saddle, value 2l.; 15s.; and 1 bridle, 5s.; the goods of John Shipley: and 18 whips, value 45l.; the goods of Thomas Callow; to which be pleaded
GUILTY . Aged 29.— Confined Twelve Months.
GUILTY . Aged 56.— Confined One Months.
GUILTY . Aged 32.— Confined Three Months.
MR. DOANE conducted the Prosecution.
WILLIAM LAWLEY . I am a pawnbroker, and live in Old Gravel-lane. The prisoner was my apprentice for fifteen months—I have no other apprentice—I had missed money from time to time—on the 19th of January Blakeboroogh, a smith, was engaged on my premises—I saw him mark seven half-crowns, seventeen shillings, and eleven sixpences—I emptied the till of all other monies—I placed the marked money in the till about eight o'clock, and left it alone—I arranged with Blakeborough that he should watch—I left the shop a few minutes, leaving the prisoner there, and soon after Blakeborough made a communication to me—I returned, and emptied the money from the till—I counted it and found one shilling and one sixpence deficient—I took the prisoner to the back part of the shop, and said, "You have taken money from the till"—he denied it—I said, "It is no use your denying it, I know what you have taken, I shall send for a policeman and search you"—he said, "You may do that and welcome"—I put my hands into his pocket, but found nothing there—I sent for a policeman, he took from some part of his trowsers one shilling and one sixpence—I called Blakeborough to see what he was doing, and I kept him in that position till the policeman arrived—I saw Blakeborough take the money from his hand.
Cross-examined by MR. WILDE. Q. The prisoner is an orphan, is he not? A. I believe he is—I received a premium with him—I promised him if he conducted himself well I would keep 6d. a-week back, that as soon as it accumulated sufficiency he might purchase a silver watch, in addition to 4d. a-week which I allowed him—I have no recollection of his telling me he was entitled to 6d. a-week.
STEPHEN BLAKEBOROUGH . I am a smith, and live at Camden-street, Walworth. I was engaged on the prosecutor's premises—I marked seven half-crowns, seventeen shillings, and eleven sixpences, which the prosecutor gave me—when he left the shop, I placed myself so that I could see the prisoner distinctly—he was standing behind the counter, near the till—I observed a move of his body, he then moved round the counter, and I saw him place something under the band of his trowsers—I told Mr. Lawley what I had seen—we went into the shop immediately—I saw one shilling and one sixpence in the prisoner's hand—his master laid hold of him, and asked me to
look and see if I had seen it before—I recognised it as what I had marked—these are them.
JOSEPH SEAGER (police-constable K 225.) I took the prisoner, and received one shilling and one sixpence from Blakeborough—in taking the prisoner to the station he said he did it because his master would not allow him more than 4d. a-week.
GUILTY. Aged 17.—Recommended to mercy.— Confined Two Months.
647. ANN RACHAEL CRAMP was indicted for stealing 4 1/2 yards of printed cotton, value 2s. 6d.; 1 locket, 10s.; 1 petticoat, 3s.; 1 handkerchief, 4s. 6d.; and 1 brooch, 4s.; the goods of Catherine Hancock.—2nd COUNT, stating them to be the goods of John Hancock.
CATHERINE HANCOCK . I am the wife of John Hancock; I am servant at the King William the Fourth, King William-street The prisoner and her husband were living there—he was assisting my mistress in moving from King William-street to Vauxhall-road—on the 27th of Dec. while he was at the house I missed the articles stated—I missed the print after I had taken the box away, when I was in lodgings at Bedfordbury, but the other articles before—the print was safe on the Thursday, and I missed it on the Tuesday—I had left my box behind me at the King William the Fourth, and left the prisoner there—this is the printed cotton—it was all in one, and it is in pieces now—I am quite sure it is mine—I have not seen any of the other things.
Cross-examined by MR. HORRY. Q. Do you know Elizabeth Smith? A. Yes; she was the servant that succeeded me—she was not in the house before I left, but was there when I returned for my things on the Saturday—the prisoner was admitted to bail by the Magistrate—I called on him with a policeman at her house—I told her that the girl at the King William the Fourth had got a piece of print, and she said that the prisoner had sold it her; and I said whoever sold it must have taken it from me—I told the prisoner that Mr. Brown had told Smith to consider where she got it from, and she said she bought it from Mrs. Cramp for 1s.
ELIZABETH SMITH . I am servant at the King William the Fourth. On the 26th of Dec, I saw the prisoner in the kitchen—she brought a piece of print like this down under her arm, and put it under the dresser—my mistress came down directly after—she took it away, and put it into a meat-screen—when my mistress went up stairs the prisoner pulled it out again, and said that she had a piece of print that Mrs. Beeston wanted, and she did not see why she should have it, would I have it—I said I did not particularly want it—she wanted 2s. for it—I said, "It will only make two aprons; I have got 1s.; will you take that?" which she did—I succeeded the prosecutrix as servant—she left her box there—when I got to the house I had the room she used to have—I saw the prisoner, on Christmas-day, on her knees at the box, pulling the things up, with some letters in her hand.
Cross-examined. Q. Have you not been discharged by the landlord? A. No; it was my own wish to go; he wished me to stop—I did not give him warning—I only stopped to oblige him till he got a servant—I was never stopping there as servant—I never had a word of complaint on his part—I had a word with the bar-man—I never saw the print before—I was not intimate with the prisoner—we have been for days together backwards and forwards—she had pretty well all her meals in the kitchen, and took her tea with me that evening—the first time I spoke to any one about the print was about a week after I bought it—I was at work at it—a friend came in, named Brown; he knew the print, and asked where I got it—I did not tell him at first that I bought it of the prisoner—he did not tell me I was to sit down and consider.
where I got it, or any words to that effect—I said I bought it in Wbitechapel, and then he said it belonged to a friend of his; and then I said, "I bought it of the prisoner in this very house"—I told the prosecutrix where I got it, and said I would rather give it up than have any fuss about it—there was a sheriff's officer in the house at the time—it was between five and six o'clock in the evening on Christmas-day that I saw the prisoner at the proseculrix's box—I have seen her at the box twice—the first time was on Sunday—I am not in service—I am going to a place where I lived before—I think I saw the prisoner come up stairs to go into my room one afternoon—I do not recollect that my room door was open—she might have knocked at my room door—I recollect her coming, and my being told that she had directions to look for some cording and pipes for caps—I left the child and her together—when Brown questioned me about it I thought there was something wrong—I told him I bought it in Whitechapel.
MICHAEL HIGGINS (police-constable F 91.) I apprehended the prisoner—I told her Mrs. Hancock charged her with taking a piece of print, and leaving it at the King William the Fourth—she said she did not know anything about it—I told her I should take her to Bow-street station, where I should take Smith as well—on the road she said she had a piece of print in her possession, and asked me to let her go to her husband—I said I would not let her run about at that time—she said she was sent to the box by Mrs. Beeston, the landlady, butshe did not say that to me—this is my deposition—I signed it—it was read over to me—I afterwards got Smith to the station—I did not pay any attention to what she said.
Cross-examined. Q. Did not you direct the locket and the handkerchief to be put into the indictment? A. Yes—I mentioned before the Magistrate the conversation that took place in going to the station—this is my writing to the first examination—I mentioned the conversation, whether they took it down or not, I cannot say—I did not desire, on the 10th of Jan., to make to additional statement—what I stated the first day was read over to me, and I signed it—no questions were put to me at all—I think I signed my name two different days—I made the same statement on the 10th as the 5th—I have been in the police fourteen years.
WILLIAM WELLESLBY MEDLYCOTT (police-inspector F.) I remember the prisoner being brought to the station—Smith said she saw the prisoner at the prosecutrix's box—she denied it, and denied taking the print.
CHARLOTTE BEESTON . I was landlady of the King William the Fourth. The prisoner was in company with her husband, assisting me in packing up the furniture—I do not know anything about the loss of the cotton.
NOT GUILTY .
DANIEL MARRIAGE , chimney-sweeper, York-hill, Clerkenwell. The prisoner was in my employ about three months—he was to receive money, and give an account of his day's work, whether he was paid or not—on the 17th Jan. I sent him to sweep a chimney at Mrs. Whiting's—he was to receive 6d.—within half an hour he was sent to sweep Mr. Miller's chimney—he came back about three o'clock, and went away, and I did not see him again till eight o'clock the next morning—he did not pay me any money—I asked if he had got paid for sweeping these chimneys, and he strongly denied it—I did not see him again for an hour and a half—as he was at breakfast, I told him he had received the money—he strongly denied it—I said, "I shall give you into custody"—he said, "You have no occasion to be frightened, you will have
your money, I dare say"—he never brought me the money from either of these persons.
MARTHA BEBSEN . I am in the service of Mr. Miller, of Acton-place, Bag-nigge-wells. On the 17th of Jan. the prisoner came to sweep the kitchen chimney—I saw my mistress's little girl pay him a fourpenny-piece and two penny-pieces—he put them into his pocket.
Prisoner's Defence. As I was going home I put my hand into my pocket, and the two sixpences were gone; I wanted to borrow 1s., but I could not.
GUILTY . Aged 22.— Confined Three Month.
FRANCIS BEST . I am servant to Mr. Burgess, pawnbroker, Chichester-place. On the 23rd of Jan. I was in the shop—I saw in a looking-glass, which was placed for the purpose of seeing persons at the door, the prisoner standing at the door—by the manner in which she was handling the gown which hung there, I watched her, and saw her take one pin out—she put her hand and took out the second pin—I ran round the counter, and by that time she had got it down, and secreted it under her shawl—I pushed her into the shop, and sent for a policeman—I said she had stolen the gown—she said she did not know what she was pushed in for—she was pushed up into a corner—she moved her body about, and I saw the gown on the ground by ber feet.
Prisoner's Defence. I was merely looking at it with the intent to buy it, the pins came out, and it fell down; I put it under my shawl to take it into the shop.
GUILTY . Aged 44.— Confined One Month.
WILLIAM TOGANNAH DAZLEY THEOBALDS . I live with William Theobalds, my father, a boot and shoemaker, in High-street, Kensington. On Saturday, the 6th of Jan., the prisoner came to our shop and said she wanted some hoots to fit Mrs. Price, of Kensington National-school, that she came from Mrs. Price—she said fours would do—I asked if she wanted side-laced or button boots—she said side-laced—Mrs. Price is a customer of ours—I got down a pair of 3 1/2 boots, a pair of four boots, and a pair of 4 1/2 boots, and delivered them to the prisoner—I asked if she would have a bag to take them home—she said no—she gave me a snuff-coloured handkerchief to do them up—I should not have let her have them unless she had said she had come from Mrs. Price.
THOMAS EASTLAND (police-constable T 17.) I apprehended the prisoner—this pair of boots were given to me by a pawnbroker, named Stewart, and these other two pairs I found in the prisoner's box—she told me it wit her box, and gave me the key.
GUILTY . Aged 17.— Confined Two Months.
GUILTY . Aged 28.— Confined Three Months.
RICHARD ETHERIDGE (police-constable E 168.) At six o'clock in the evening of the 15th of January I saw the prisoner go into a bookseller's shop in Great Russell-street—he came out again, and then went into Tottenham-court-road—he went into a chandler's shop in Steven-street, came out, went to Rathbone-place, and went into a chandler's shop—he stood a few minutes, I stood looking through the window at him—he went on his hands and knees round the counter—he was then coming out of the door, and I asked what he had got—he said, "Nothing"—he flung his hand behind him, and I heard something rattle, and saw something flung on the counter, which went behind the counter—I took him behind the counter, and picked up two half-crowns and six shillings—the till was standing on the floor—there was 5s. 7 1/2 d. in coppers on the floor.
REBECCA KELLY . I am the wife of Leonard Kelly, and keep a shop in Rathbone-place—I was in the parlour at the back of the shop—something attracted my attention—I came into the shop and saw the prisoner in the policeman's custody—I looked behind the counter and saw the till on the floor, and two half-crowns, and six shillings, and some copper scattered about—the till had been under the counter twenty minutes previous.
Cross-examined by MR. PAYNE. Q. Was the door of the shop open? A. Yes; no one had been in the shop between the time of my seeing the till safe and seeing the prisoner.
(The prisoner received a good character.)
GUILTY .* Aged 16.— Confined Twelve Months.
NEW COURT.—Friday, February 9th, 1844.
Fifth Jury, before Mr. Common Serjeant.
653. JOSEPH TUOHY was indicted for stealing 2 account-books, value 1s.; 9lbs. weight of paper, 1s.:—also, I order for payment of 83l.;—also, for embezzling 9l.; 9s. 2d.; the property of Henry Bedford, his master: to all of which he pleaded
GUILTY . Aged 45.— Judgment Respited.
654. GEORGE CHADWICK was indicted for stealing 1 half-crown, 3 shillings, 1 sixpence, and 2 pence, the monies of Charles Pullen, his master; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 13.— Confined Six Months.
655. JOHN FREDERICK WATSON was indicted for stealing 1 pair of trowsers, value 7s.; and 1 waistcoat, 3s.; the goods of Joseph Redington: also, 1 handkerchief, 5s., the goods of James Robert Dunn: also, I cost, 2l.; 10s.; 2 waistcoats, 1l.; 1 shirt, 6s.; and 1 handkerchief, 4s.; the goods of George Hayward: also, 1 half-crown, and 2 shillings, the monies of Joseph Redington: and that he had been before convicted of felony: to all of which he pleaded
GUILTY . Aged 25.— Transported for Fourteen Years.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 24.— Confined Six Months.
GUILTY . Aged 44.— Confined One Year.
MESSRS. ELLIS and HUDDLESTON conducted the Prosecution.
JAMES BRYSON . I keep the Two Brewers public-house, Brewer's-green, Westminster. About three, on the 11th of Jan., the prisoner came for a glass of gin—I gave it him—he fumbled about his pockets, and pulled out a penny—I said it would not pay for it—he then felt all his pockets, took up the penny, chucked down a bad shilling, and said, "That will pay for it"—I took it up, bent it, and flung it at him—it fell on the floor—he picked it up, and went out—he came again, about ten minutes after, for a pint of beer—I drew it—, he took another counterfeit shilling out of his pocket, and threw it down on the counter—it was a straight one—I took it in my hand—I called my man to get a policeman—the prisoner went out—I followed him, and he was taken—I saw the officer search him, and a good many counterfeit shillings were taken from his mouth—I gave the officer the second shilling that the prisoner gave me.
RICHARD COLLIER (police-constable B 110.) The prisoner was given into my custody—I found he had got something in his mouth—I pinched his throat, and got nine shillings out of his mouth, and got this one shilling from Mr. Bryson.
GUILTY . Aged 52.— Confined One Year.
GEORGE MARSHALL , coal-dealer, Phillips'-buddings, Somers-town. Between eight and nine o'clock at night, on the 9th of Jan., the prisoner ordered half-a-hundred weight of coals, and two bundles of wood, which came to 5 1/2 d., to be sent to No. 14, Wilstead-court, with change for a five shilling piece, which I sent by my lad, Butcher—he was absent about twenty minutes—when he came back he brought me a bad crown-piece—I gave it to Dicks.
GEORGE BUTCHER . I am servant to Mr. Marshall. I took the coals, and 4s. 6 1/2 d. change, to Wilstead-court—they said it was not there—I was coming back—the prisoner called after me from a little court close by, and said he made a mistake, I had better give him the change, and he would give me the five shilling piece, he wanted to go and get a box of congreves—I gave him the change, and he gave me a bad five shilling piece—I told him I must try it, which I did with my teeth, and a piece came off—I said it was bad—he took no notice, but ran off—I took it home, and my master held it, while I marked it.
wood, and change for a five shilling piece, to be taken to No. 52, Drummond street—I took the things, and 4s. 6d. change—as I was going I met the prisoner—he said, "Are you going to No. 52, Drummond-street?"—I said, "Yes"—he said, "Have you got change for a five shilling piece?"—I said, "Yes"—he said, "Give it me, here is a crown piece, I want to get a box of congreves"—he told me to take the coals to No. 52, Drummond-street—I did, and it was not there—I took them home, and gave the crown piece to my master.
EDWARD TOWNER . I am Tucker's master—I sent him with some coals and wood, and gave him a half-crown and two shillings—he brought me back a bad crown—I marked it with a shovel—I gave the same one to Dicks.
Prisoner's Defence. I was not near the place.
GUILTY . Aged 21.— Confined One Year.
GEORGE BEMAN , of Down-street, Piccadilly. On the 23rd of Jan., about two o'clock, the prisoner came for half-a-pound of soap—he gave me a half-crown—I gave him change—as soon as he left, I found the half-crown was bad—I locked it in my desk by itself—he came again on the 30th of Jan. for half-a-pound of soap, and gave me a 5s. piece—I found it was bad, and gave him into custody, with the half-crown and crown-piece.
Prisoner. I was never in the shop in my life. Witness. I am certain it was him—it being unusual for me to have retail customers, I noticed him particularly.
Prisoner's Defence. I never was in the house, but on the last time—a man stood at the corner, and sent me for it.
GUILTY . Aged 16.— Confined Six Months.
ANTHONY EDMUND DYER WHITE , bookseller, Prince's-ttreet, Soho. On the 27th of Dec, the prisoner came into my shop for a sixpenny song-book, I gave her one—she gave me a half-crown—I gave her 2s. change—I put the half-crown in my waistcoat pocket, where I had no other money—five or ten minutes after, I found it was bad—I hammered it asunder, and threw it under the stove, in the back-kitchen—on the 3rd of Jan. I looked under the stove with the policeman, and found the two pieces—I gave them to the officer—on the 3rd of Jan. the prisoner came again for a sixpenny book—I took down one, she gave me another half-crown—I put it between my teeth, and found it was bad—I gave her into custody.
Prisoner. Q. Did you not say I was not the party who gave the first half-crown? A. I never had the least doubt of her.
GUILTY . Aged 22.— Confined Six Months.
SARAH YOUNG . I am the wife of James Young, who keeps the Two Brewers, Little St. Andrew-street, Seven Dials. On the 27th of Jan., about ten o'clock in the morning, the prisoner came for half-a-pint of beer—she gave me a sixpence—I put it into the till—there was no other money there, except halfpence—I gave her 5 1/4 d., and when my bar-man came for change for 1s., about ten minutes after, I took out the sixpence, and found it was bad—I put it at the further end of the till, in paper—she came again next morning for half-a-pint of beer—my bar-man served her—she gave him a sixpence, and he brought it to me for change—I kept it in my hand while he said he would go to get change, but he got a policeman—I gave both the sixpences to him.
GUILTY . Aged 19.— Confined Six Months.
WILLIAM DRUCE . I am the son of Thomas Druce, butcher, Weymouth-street, Marylebone. On the 27th of January the two prisoners came to the shop, and one of them asked if we had any pieces of meat—they both pulled the pieces over—I sold them three quarters of a pound for threepence—Cook gave me a sixpence—Penn was close by and saw the sixpence—I put it in the bowl—it was quite a new-looking sixpence—there were two very old sixpences in the bowl—both the prisoners went away together—after they were gone I took the new-looking sixpence out of the bowl, before any other had been put in—I looked at it, and let it be in the bowl till a man came in and told me something—I looked at the sixpence and marked it—I afterwards gave it to Allen.
JAMES HOBBS , publican, Weymouth Arms, Weymouth-street. About three o'clock on Wednesday the 27th of January, the prisoners came to my house together—Cook asked if she could get a steak cooked—I said yes—they both went in the tap-room—a policeman came in—he went into an adjoining room—then Cook came and asked for a pint of beer and a slice of bread—I served her—she gave me sixpence—I noticed that it was bad, and told her so—she said, "Is it? I will give you another"—I said, "No"—the policeman came and took her—I gave him the sixpence, after I had marked it.
penn. Q. Did I go up to the bar? A. You were a few yards off—I cannot say which carried the steak.
Cook's Defence. I was selling oranges, and got the two sixpences; I met Penn, she said she was much distressed; I said I had got sixpence from a lady, who did not take any oranges, and I will give you a pint of beer; I went to Mr. Druce, and gave him a sixpence, which I think was an old one.
Pernn's Defence. I was in great distress; she said that she had been out and had taken two sixpences from two men in the street, and a lady gave her sixpence, she would buy a piece of meat and give me a bit; she bought
three quarters of a pound of meat, at fourpence a pound; I had elevenpence and offered the man threepence for a pound for myself.
JURY to WILLIAM DRUCE. Q. Did Penn purchase, or offer money for a piece of meat? A. She wanted to buy some at threepence halfpenny a pound.
COOK*— GUILTY . Aged 68.— Confined Two Years.
PENN— NOT GUILTY .
PHILIP SMITH . I am a painter, and live in Little Exeter-street, Lisson-grove. On the 25th of January, I was behind Mr. Savage's counter—the prisoner came in for a pennyworth of pudding—he offered me a shilling—I called Mr. Savage, who came out and served him, and took up the shilling.
CHARLES SAVAGE . I was called out of the parlour to give change for a shilling, which was on the counter—I took it up and laid it on a recess by itself—the next day I gave it to a policeman—on the 26th a person came into my shop again—he offered me a bad shilling—I detained it—he left—I followed him—he joined the prisoner, and about a hundred yards further on, two more joined them—I then followed them to the Refuge for the Destitute—I kept the shilling—I pointed out the prisoner to the officer.
THOMAS HALLIGAN (police-constable D 83.) Savage pointed out the prisoner—I found a counterfeit half-crown and a counterfeit shilling in his right-hand jacket-pocket—he said he picked them up in Hyde-park.
Prisoner's Defence. At the time he says I was in the shop, I was at New Cross.
GUILTY . Aged 23.— Confined Six Months.
JOHN DARTON ABBOTT . I keep the White Lion, High-street, St. Giles's—on the 2d of February, about half-past four o'clock in the afternoon, the prisoner came with two bottles for some gin—she gave me 1s.—I gave her change and placed the shilling in the till—there was no other there—in about an hour she came again for some more gin, which came to 3 1/2 d.—I had noticed the first shilling was bad, and placed it on the stove by itself—she tendered another bad shilling—I said, "This is the second bad one, I shall see if the police know you"—she said, "Very well, I shall stand to my colours, I shall not go"—I called the policeman and gave her into custody with the two shillings which she had given me—she asked me to let her go for the person who sent her, but she did not say who sent her.
HONORA CONOLLY. I searched the prisoner at the station—I found on her 4s. 3d.—I gave it to Bell.
GUILTY . Aged 36.— Confined Six Months.
prisoner came for 1s. worth of cigars—she tendered me a bad 5s. piece—I kept it separate from other money, and marked it—I gave it to Palmer.
HENRY DUNTHAN , cooper, Upper Thames-street. About five o'clock, on Friday, the 19th of January, the prisoner came to my shop door and wanted a cheap pail—I said 2s. was the only priced pails I had—she took one and gave me a crown piece—I went to the next public-house for change—they had none—I did not part with the crown piece—I did not tell the prisoner anything about it—I gave it to Gynne.
Prisoner. I had five shillings from a gentleman, and was going to buy a few things; I never was in the cigar shop.
GUILTY . Aged 17.— Confined Three Months.
SAMUEL SPECK (City police-constable No. 119.) On the 5th of January I was on duty in plain clothes—I saw two boys in Milton-street—they went to a public-house in Old-street to the tap-room window, and put their hands up to the window—the prisoner came out, and they all three went together to Shoe-lane—the prisoner went into a public-house at the corner of Fetter-court, in Shoe-lane—he was in about an hour—the other boys were outside—they then went back to the same place in Old-street—they spoke to a man at the door, and returned to Shoe-lane and whistled—the prisoner came out—they all three went in company to Pontifex's in Shoe-lane—I followed them—the prisoner went up Robin Hood-court—I caught hold of him when he came down again, and I asked what he had got—he then began dropping money—he dropped a sixpence—I picked it up—I left it at the station, and he had his breakfast out of it—Ellis then came up and took a counterfeit half-crown from his hand—I took him to the station, and found four counterfeit shillings in his pocket, wrapped up in a piece of cotton stocking—the prisoner said he knew nothing about it.
JAMES ELLIS (City police-constable No. 142.) I was with Speck, and founds bad half-crown in the prisoner's hand—I saw Speck find the four bad shillings—as we were taking him to the station he tried very much to get his hand into his pocket.
Prisoner's Defence. A person asked if I wanted work; he said he would give me 1s. 6d. to carry some boxes to Long-acre, and he gave me 1s. 6d. when I returned; it was raining fast; I went to the first public-house for a pint of beer; a female came in, and I changed a shilling; the bad half-crown I had had several days; I did not know I had the four bad shillings; the officers must have put them in while they were searching me in the street.
GUILTY . Aged 25.— Confined One Year.
room on the second floor—the door was open—when I got on the landing it was immediately closed and bolted by Smith—she screamed out—I broke it open, and saw the two prisoners there—Knight had a spoon in his hand with melted metal in it—he was close by the fire-place, and there was a fire in the grate—he flung the spoon at Irons, the constable th—e metal fell about his coat—Knigbt made a grasp at something on the mantel-piece, and a quantity of coin fell on the floor—I caught hold of Knight, and ten counterfeit shillings were in his hand—I found two counterfeit shillings in his waistcoat pocket, fifteen shillings on the floor, and three on the table, and on further search I found six others—there were two spoons in the room, some plaster of Paris, and some portions of metal in the spoons—here is part of the bowl of a spoon—the other part has been melted—Smith did not say or do anything—Knight said, "Emma, it is all up with us; we are done for now"—two of the shillings are not quite finished—they were quite hot on the table.
THOMAS IRONS (police-constable B 158.)I was with Piper—Smith caught hold of me to prevent me going to the fire—I got from her, and Knight threw a spoonful of boiling metal at me—it went about my coat—he seized something on the mantel-piece, and endeavoured to throw it in the fire—I caught hold of it, and it fell on the floor—I saw Piper take ten shillings out of Knight's hand, and two shillings out of his pocket—he said to Smith, "It is all right"—as we were going down stairs a woman met us, and said, "Have they got you right?"—he said, "Yes, they have got me like a b—bullock—I am sold—I will have my revenge."
MR. JOHN FIELD . These shillings are all counterfeit—the greater part are finished, and three are unfinished they are made of Britannia metal—this bowl of the spoon is the same as the money is made of—plaster of Pint is used for making moulds.
Knight's Defence, I met Smith, and went home with her; a man and a woman were in the room, and when I sat down for about five minutes they left the room; the policeman came and took us.
KNIGHT— GUILTY . Aged 18.
SMITH— GUILTY . Aged 24.
confined two years.
670. HENRY ANSCOMB was indicted for stealing, on the 15th of Feb., 46 yards of mousseline-de-laine, value 50s.; the goods of Silvanus Partridge and another: and WILLIAM ANSCOMB and FRANCES ANSCOMB for feloniously receiving the same, well knowing them to have been stolen.
MR. E. PLATT conducted the Prosecution.
JAMES LODONNY . I went to live with Messrs. Partridge and Price, on the 26th of Feb., 1842, and lived there one year and ten months—I quitted on the 29th of Dec—Iknow all the prisoners—I have been acquainted with the female about fifteen months, and the son about twelve months—I had the power of going into all the rooms at Messrs. Partridge's—about Feb. 1843, I took two or three pieces of mousseline-de-laine—forty-six yards altogether—I gave them to Henry Anscomb—I did not tell him where I got them from—he came to meet me at the General Post-office—he came to the corner of Foster-lane, which is exactly opposite my master's premises—he came by appointment—I gave him the dresses, and he took them away—I met him at the corner of Foster-lane, walked to the Post-office with him, and gave them to him at the side of the Post-office—that is about twenty yards from the house—not within sight of it, but round the corner—in Dec. I took eleven
yards of blue orleans, one dress, and afterwards two remnants of red print—I gave them to William Anscomb, the eldest son—I took no other mouslin-de-laines in Feb. before the 15th—Igave the son eleven yards and a half of mouslin-de-laines before the 15th—mouslin-de-laine was the chief thing I took—I received a sum of money at that time varying from 4d. to half-a-crown, from Henry Anscomb—Ican identify the mouslin-delaine I gave him before the 15th Feb.—this is it—I received 2s. for that eleven yards from Henry Anscomb—he came down about the Post-office to meet me—my employer's house is No. 16, Cheapside, exactly opposite Foster-lane—this dress formed part of a running account—sometimes I received more than at others—it was put down to the account—there was a small account I think kept by Mr. Anscomb—I think this dress was put down in that account—I used to ask Henry Anscomb how we stood, whether I owed Mrs. Anscomb any money, or she me—I never saw the account till after that—I spoke to Mrs. Anscomb about some of the dresses, but not of this one—I spoke to her about the account sometimes when I have been to the house on a Sunday—I should think there was an account before the 15th Feb.—I had been taking these things from about Nov., 1842—the account was kept from the beginning till Feb.—I had received different sums of money at that time from Henry Anscomb, and sometimes from Mrs. Anscomb—I cannot say the exact sums I received from her before the 15th, but I recollect that, from it being on Sunday morning—she agreed to give 2s. for some, and half-a-crown, and 3s. 6d. for others—that was not set down in my presence—Henry Anscomb brought the money down when he came for the dresses—he said he got the money from his mother—when I have been there I have said, "How do you like such and such things?"—that was previous to Feb.—she never asked me how I got them—she said such and such a dress was very pretty, and she should like another sometimes—she said she should be able to sell one hundred of them—I took these things several times—I cannot say how many—I cannot say that I asked Mrs. Anscomb any question about any dress in Feb., but I did previous to that—when I went on a Sunday to her house, I asked her if she liked such a pattern as that I sent her in the course of the week—she said Yes, and sometimes No, as the case might be, and sometimes that she would like to have one for herself—I had not told her how I became possessed of them—she knew my name, but not where I lived to my knowledge—I spoke about my being in the warehouse—the paid me 2s. generally for these things—they were worth 12s. 6d. generally—that occurred several times before Feb.—sometimes twice in a week—Henry Anscomb generally took the dresses home—I took some before the 15th of Feb.—I cannot say whether this is one that I took—it was similar to this—I believe it to be the same—Henry Anscomb was in the habit of waiting outside, before that date—I never gave him any things at the door, but I did near to it.
COURT. Q. Is this the mouslin-de-laine with which he is charged? A. Yes—I delivered that to him near the Post-office, several times—not all at once.
MR. E. PLATT. Q. Do you know that this piece reached the possession of either of the other prisoners? A. Yes, by one of the dresses being on the daughter's back when I called, and by seeing small bits about the place—I saw this dress there—I received different accounts—Henry Anscomb generally brought me down the money—I complained to Mrs. Anscomb that he did not bring down enough, and she scolded him for not bringing down the money—that was after February—there was no scolding after the 15th
February—the husband never made any complaint to me with respect to the account before the 15th Feb.—I had no transaction at all with him before that
ROBERT PRICE . I am a partner in the house of Partridge and Price. I can identify this piece of goods, it has been in our stock—we have missed goods from our stock upwards of the last twelve months—I cannot say whether this piece was sold—these patterns are printed exclusively for us—we have lost such articles to a considerable amount—Lodonny had access to the place where this property was kept—this piece formed part of our stock.
HENRY REDMAN (police-constable G 224.) I watched Lodonny upon several occasions from the 16th Nov. last—I saw Henry Anscomb come to meet him on several occasions—I searched the prisoner's house on the 30th Dec. last, and found these two dresses which have been produced—Mrs. Anscomb said she bought it of Lodonny, and gave him 12s. for it, and that she considered was the full value—that was about twelve o'clock, or between twelve and one—I had been there before with Brennan, about nine that morning—Henry Anscomb was then asked whether he knew Lodonny—he said, "Yes"—we asked if he had been having any prints from him—he said, "No, nothing but pieces, such as a yard and a half, or from that to two yards"—the mother was present—she then gave me a little frock, and stated that it was all that she ever had—Henry Anscomb gave me this slip of print, stating that Lodonny gave him that—Henry Anscomb was taken and carried to Mr. Price's—he said there that he had known Lodonny twelve months, or more, fifteen months, and had been in the habit of receiving from him different lengths, such as a yard and a half, or two yards, and his mother had paid him for them, sometimes 1s., sometimes 2s. 6d., sometimes 4d., and there was a difference between his mother and Lodonny then, and he believed Lodonny was indebted to his mother 10s. then—he said nothing in my hearing about any account—I took the father—I said I was sent to take him in custody in consequence of a statement made by Lodonny before the Magistrate—I told him he had been keeping accounts, and I must search the place for that book—I searched the place, but found no book—he said, "I never kept any accounts in any book, I only made an account on a paper of a difference between Lodonny and my wife."
Cross-examined by MR. PAYNE. Q. When Mrs. Anscomb told you that she had had one dress and given 12s., did she point you to these two dresses produced? A. Yes—her daughter had one on, and one she took out of a drawer—she told me that Lodonny told her that small pieces, such as a yard or so, were his perquisites, and she had no idea that he was robbing his employer, that he told her one day, if she wanted any dresses he would get them cheaper than she could buy them, and she paid 12s. for this dress, which she considered was the full value—she also said that Lodonny told her he was allowed to sell dresses, and had 6d.—for every one he sold—I have known the prisoners these seventeen years I have never heard the least against the father or mother—she produced these things.
JAMES BRANNAN (police-sergeant G 20.) I went after Henry Anscomb on Saturday morning the 30th Dec., between nine and ten o'clock, I first knocked at the door, No. 4, Doudney-court—the mother answered—I asked if her son was in—she said, "Yes"—I followed her into the back room and found the boy dressing himself—I said I belonged to the police, and asked if he knew a person named James, who lived at No. 16, Cheapside—he said, "Yes"—I said I had been informed that he was in the habit of receiving printed cotton, and other things from him—Mrs. Anscomb said, "We have never had a piece exceeding a yard and a half, or two yards, and that we believed his perquisites"—I took Henry Anscomb to Mr. Price—Lodonny was questioned
by the solicitor—I came out, and Henry said, "What has he-said?"—I said, "I must not tell you, but he has contradicted you"—he said, "The crying b——, I did it to keep them out of the scrape, but they were all long lengths, I will open all before the Magistrate"—and he said he did not care if he was transported, if his mother was set free.
Cross-examined. Q. You told them what you came about? A. Yes—the female prisoner did not appear agitated—I did not know her—I have known the son from seeing him—I have known the father—his character has been very excellent for the fifteen years that I have known him.
COURT. Q. What is the length of this mouslin-de-laine? A. About eleven yards and a half—one is made up—Henry Anscomb gave me the address of a woman named Jones, that he had sold some lengths to—I found a great many dresses which I traced to different parties, and have them here.
MR. PRICE re-examined. We had Lodonny on the character of his father and friends—I did not know that he had been in service before, or that he was discharged from it at a moment's notice.
MR. PAYNE to JAMES LODONNY. Q. You had lived with a gentleman before you went to Mr. Price, had you not? A. Yes, for a year—I was discharged suddenly without notice—I never asked that gentleman, Mr. Bourne, to give me a character—I do not know why I was discharged.
MR. E. PLATT. Q. Was any proceeding, except discharging you, taken against you? A. No.
NOT GUILTY .
670. HENRY ANSCOMB, WILLIAM ANSCOMB , and FRANCES ANSCOMB were again indicted for feloniously receiving, of a certain evil disposed person, on the 4th April, 23 yards of mouslin-de-laine, value 25s., the property of Silvanus Partridge and another, knowing it to have been stolen.
ROBERT PRICE . I am in partnership with Silvanus Partridge. Lodonny was in our employment—he came in Feb. 1842, and left at the end of the year 1843—I know the mouslin-de-laine now produced—we had such, and have missed such—I cannot say that we have missed this—I gave directions to the officer in November last to watch Lodonny.
Cross-examined by MR. PAYNE. Q. You cannot say when this was in your stock? A. It was in the spring of 1843—we never sell remnants.
COURT. Q. How many yards are there there? A. Eleven yards and a half, I suppose—I do not call this a remnant—they are generally in thirty yards—this was in a length of twenty-two or twenty-three yards.
HENRY REDMAN (police-constable G 224.) I was employed in Nov. to watch Lodonny—I saw Henry Anscomb meet Lodonny on several occasions in the evening, between six and seven o'clock, and, on the 23rd of Nov., Lodonny went into Williams's coffee-shop, opposite the Post-office—Henry Anscomb was there—they sat some time—some money passed from Henry Anscomb to Lodonny, but how much I cannot say—I went to Henry Anscomb, and took him—no promise or threat was held out to him—we asked him if he knew James Lodonny, in the employ of Partridge and Price—he said, "Yes," and he was taken there—he stated he had been in the habit of receiving lengths from Lodonny, for which he paid 1s., sometimes 2d. 6d., sometimes 4d.—I searched Mrs. Anscomb's house, and found the property which I produced on the last indictment—this other property was found at different houses of persons who had bought them—I got this one from Mrs. Johnson—I told Mrs. Anscomb that I came to take her into custody, and asked whether she had bought any dresses—she said, "Yes, the dress my
daughter has got on; the other is in the drawer, which I gave Lodonny 12s. for, which I considered the full value; that is all that I have bought"—she said she had had lengths of him, such as a yard and a half or two yards, for which she had paid sometimes 1s., and she believed them to be all his perquisites—she said, if her son Henry had done anything that was wrong, it was unknown to her—she said she had been acquainted with Lodonny upwards of twelve months—I have not found any book.
ANN JOHNSON . I am a widow, and live at No. 4, Medcalf-place. I gave several articles up to the officer—he came and asked if I bought things of Mrs. Anscomb—I said yes, and gave them up—these things have been purchased, to the best of my knowledge, within a year and a half—at different periods—I cannot name any date—to the best of my knowledge, it was between three and four months since I bought this blue one—I gave 7s. for the one stated in the indictment—they all came from Mrs. Anscomb's—I paid who-ever brought them—there are two dresses that she must have been paid for, this cotton one, and one other—she said she had them from a young man who was in a warehouse, and they were honestly come by, she was to have 6d. on each dress, but not on the cotton one—they were not made up when I bought them, but in pieces—there is about ten yards in the red piece, and about the same in this blue one.
Cross-examined. Q. Which was the first that you bought of her? A. The red cotton one—to the best of my knowledge, that was about a year and a half ago—I cannot say which was the next—I cannot say at what date I bought the one stated in the indictment—it was in the summer; I recollect its being warm weather—this was the last piece I bought, and this is the one I bought before that—(looking at them)—I cannot tell when I bought that, whether it was before the 4th of April; I cannot recollect anything about it—Mrs. Anscomb only brought two of them, this chilli and the red cotton—they were usually brought by the daughter, who is, I think, about fourteen years old—they were never concealed in any way—I never thought there was anything wrong in the transaction I have known Mrs. Anscomb six years—she has always borne the character of an honest woman—she told me that the young man told her they were called remnants, but were part of the old stock—I was not acquainted with the value—I do not recollect her saving that the young man told her he was allowed 6d. on each dress—she said he was allowed to sell them by the warehouse.
COURT. Q. What did you give? A. Two shillings for the red cotton one; it was in two pieces—she said she sold it to oblige the young man—I gave 7s., 6s. 6d. and 6s. for the others.
JAMES LODONNY . I have been robbing my masters regularly for fifteen months—I have stolen sixty or seventy pieces from them—I gave almost all of them to Henry Anscomb; all but a very few—I took this green dress from the warehouse, and gave it to Henry; I cannot say where; he came to the Post-office, and it was about the Post-office somewhere—he was not within twenty yards of the warehouse at that time—he used to meet me at the back of the Post-office—I got 3s. 6d. for this dress—it was put down to the account—I did not see the account at that time, I did afterwards with the father—I had some conversation with the mother about this dress, not with the father—she has sometimes shewn me a pattern, and asked me to let her have a dress or two in the course of the week—I am sure of that, and she showed me a pattern, and I in consequence got her some sometimes, and sometimes I did not, according as it happened—they were all put down to this account—there was once a slight disagreement with me and Mrs. Anscomb about the account—she asked me how much money Henry brought
down—I said 2s.—she said that he ought to have brought 3s. 6d.—10s. was the last amount I received for these articles—it was put down to the account—I agreed with Henry as to what was to be put down—I told him to tell his mother, and he said, "Very well"—he has paid me money himself when I brought him the goods, sometimes as high as 15s.—I generally brought out the goods under my coat—I never saw the book only when I saw it with the father—it was only a sheet of paper doubled up.
Cross-examined. Q. You were rather fond of theatrical amusements? A. I have been sometimes, about once a week—I never performed—I am only acquainted with one actor—I never took any parcels that I stole, over Blackfriars-bridge—I never acted at Sadler's-wells or White Conduit-house—Mrs. Anscomb said that as they sold so cheap at our place, she would try and save some money, and come down to the warehouse and buy some there; she would try to save up 5l.;, and come down to the warehouse and buy a good parcel—I never told her that I was stealing these things from my masters—I always mentioned the price at which they were to be sold.
(JAMES BRANNAN gave the same evidence as in the former case.)
HENRY ANSCOMB*— GUILTY . Aged 16.— Transported for Seven Years.
FRANCES ANSCOMB— GUILTY.—Recommended to mercy.
Confined Four Months.
WILLIAM ANSCOMB— NOT GUILTY .
Cross-examined by MR. HORRT. Q. Do you know William Way? A. Yes; he was in the habit of coming to the house.
WILLIAM POCOCK (police-constable F 81.) About seven o'clock in the evening of the 18th of Jan. I saw the prisoners together in Wych-street, Strand—William Way had this coat—they went down Holy well-street, to a clothes-shop kept by Mr. Hart—they remained there a few minutes, then left, William carrying the bundle—I followed them, and in Museum-street William handed the bundle to Henry—I went and told them they had got a coat in their possession—William said he had been to Windsor to look for work, and on his returning met a gentleman's servant, who gave it him.
Cross-examined. Q. What did Henry say? A. That he knew nothing about it, but he met his brother in Oxford-street.
(The prisoners received good characters.)
WILLIAM WAY— GUILTY . Aged 35.
HENRY WAY— GUILTY . Aged 28.
Confined Three Months.
Sixth Jury, before Edward Bullock, Esq.
MR. DOANE conducted the Prosecution.
GEORGIANA LUXFORD . I am the wife of William Luxford, chandler, John-street, Edgware-road. On the 2nd of Feb. the prisoner came to my shop for a pennyworth of tobacco—he gave me a shilling in payment—I gave him llrf., and he went away—I placed the shilling in the corner of the till, away from other money—about an hour afterwards he came again for a pennyworth of black pudding, gave me another shilling, and I gave him 11d.—I put it on the other shilling in the corner of the till—in the course of the evening I was
induced to look at them, and found they were bad—I placed them on the mantelpiece—I am sure they were the two I got from the prisoner—I then examined a bag where I kept some silver—I recollected the prisoner had been the day before, and given me a shilling—I had put it into the bag with other money—I found one bad shilling there—I put it on the mantel-shelf—on the 3rd of Feb. the prisoner came again for a pennyworth of tobacco—he gave me a bad shilling—I sent a neighbour for a policeman—I asked the prisoner how the thread did which he had the former day—he said, "Very well"—I put the last shilling on the counter—I marked them all, and gave them to the policeman.
JOHN HALL (police-constable D 64.) I was called, took the prisoner, and received four shillings from Luxford—there was some tobacco on the counter, and one shilling by the side of it—I asked the prisoner where he got it from—he said he found it.
GUILTY . Aged 13.— Confined Three Months.
GEORGE WILLIAM BRETT , tailor and draper, Wellsrow, Islington. The prisoner is my mother, and lived with me—this woollen broadcloth is my property—on the morning of the 15th of January I was sent for by Mr. Gardiner—I went there, and saw a blue bag containing this cloth—I was there about half an hour—my mother then came there, and took the blue bag from the bar with the cloth in it—I followed her to the corner of Theberton-street, to a pawnbroker's, and there I gave her into custody—the cloth was at my house a few days previous.
Cross-examined by MR. BALLANTINE. Q. Do you really mean to say you believe this woman to be your mother? A. Yes—I have placed her at the bar of my own accord—she came to me, and I kept her as a housekeeper—a person named Cheshire committed suicide in my house—I was not living with her—I have spoken to her—I had connection with her—it was not a month after I gave my mother into custody that Cheshire committed suicide—she came into my house when I was in bed and unwell—they were lodgers of mine—they kept the shop when I took it—there were three partners—I took the shop of the three, and Cheshire was one of the partners—my mother has not by my directions pawned things to keep my house—I mean to swear it—she has only on one occasion—I gave her directions to allow a person to pawn things under peculiar circumstances—I kept my mother, and clothed her—she was not to have any wages—she has asked me for money—she has never said if I did not give her money she must pledge something to get it—she has never said so in the presence of John Smith—I never said she might pledge, and be d----I have never told her to pledge in another name than my own—John Smith has pledged things for me—I did not turn out my mother to bring home Miss Cheshire—I had good cause for turning my mother out once—I would not allow her to come into my house one night at a very late hour—I did not say I would drink enough to enable me to go through this.
GEORGE SHARP . I am in the service of Mr. Goodburn, a pawnbroker. I produce four yards and a half of cloth, pawned at my place by the prisoner—I asked if she was pawning it for herself—she said, "Yes"—she gave the name of Tracey, Wells-row.
NOT GUILTY .
675. DOROTHY BRETT was again indicted for stealing 1 coat, value 8s.; 5 shirts, 12s.; 1 pair of stockings, 1s.; 1 window-blind, 6s., 1 pair of stays, 6s.; 1 sheet, 4s.; 1 counterpane, 3s.; 1 pair of trowsers, 2s.; 1 scarf, 1s.; 1 apron, 1s.; and 1 waistcoat, 2s.; the goods of George William Brett.
No evidence. NOT GUILTY .
MR. WILDE conducted the Prosecution.
WILLIAM DAMAN (police-constable G 161.) On the 8th of Jan. I took the prisoner into custody, and found thirty duplicates on his person—I went to his lodgings, at No. 6, Bridgewater-gardens—I there found a trunk, and found this duplicate in it—I then went to Grant, the pawnbroker's, with Woolcott, and some silk was produced.
Cross-examined by MR. PAYNE. Q. Where was the prisoner when you broke open his trunk? A. In custody—I broke it open by order of the inspector—the prisoner said he lodged at No. 6, Bridgewater-gardens.
MR. WILDE. Q. Where was the box opened? A. At the station—the prisoner saw it at Worship-street, and applied to the Magistrate to have the things that were in it.
Cross-examined. Q. Are you quite sure he pawned it? A. Yes—we have a hundred persona come in a day sometimes.
MR. WILDE. Q. Have you any doubt that the prisoner is the person? A. No—this is the ticket I gave.
JOSEPH WOOLCOTT . I am purchaser of goods for Cooper and Batchelor, of Bond-street The prisoner came into their employ on the 13th of March, and left in October, the same year—we took stock in October, and found a deficiency of from 80l.; to 100l.; worth of goods in our general stock—on the 9th of Jan. I saw Daman, and went to a pawnbroker's—there were two remnants of silk produced—these are them—they are my master's—I have no doubt of the first length—the second I am more positive of, having only one of that particular sort in our stock; and from what we have sold, which we can trace, we miss about fourteen yards.
JURY. Q. You have sold similar lengths? A. Yes, but from the particular mode in which we keep our stock, we know every length that is sold—the remnant there corresponds with the deficiency, and the piece we have now in our premises—the prisoner had an opportunity of getting at these silks—this one is of a particular make.
Cross-examined. Q. How many persons were in your employ while the prisoner was there? A. Four or five—the firm consists of Charles Cooper and Henry Batchelor—there is another Cooper in the house, but he is not of the firm.
JOHN SAMMONDS . I am clerk of the gaol, Liverpool. I produce a certificate of the prisoner's former conviction, which I got from the Clerk of the Peace, at Liverpool—(read)—the prisoner is the person.
GUILTY . Aged 22.— Transported for Seven Years.
WILLIAM KING , lace warehouseman, Church-st., Portman-market. Between seven and eight in the evening of the 23rd of Jan., the prisoner came to my shop with a woman—they asked to look at some caps—I showed them some—the prisoner turned to the window while the other woman was looking at them—the prisoner stooped down, and when she got up, she had her shawl folded over in front—I missed a habit-shirt and collar from a line at the back of the window, about half a yard from the counter—she said the articles would not suit that I showed her, she would go outside, look in the window, and see if anything would suit her—they both left the shop—I went outside, and they were both looking in at the window—the policeman was coming by—I asked the women to go into the shop again, and asked the prisoner if she had got anything belonging to me that was not paid for—she said she had nothing at all—she partly opened her shawl to show—I opened it, under her arm, and found the habit-shirt and collar.
Cross-examined by MR. BALLANTINE. Q. I suppose you have a good deal of lace in your shop? A. Yes—the prisoner had spoken about infant's caps—she had not said that she wanted anything for herself.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy by the Jury and Prosecutor.
Confined Fourteen Day.
LUKE DUFFIELD , labourer, Clarence-place, St. Pancras-road. On Saturday, the 13th of Jan., I went to the Albion—Bonner was asleep—the prisoner sat on the right hand side of him, laying his head on the tap-room table—I afterwards saw him pull his hand away from Bonner's right hand trowsers'-pocket—I awoke Bonner, and told him—just before I awoke him, the prisoner told me to say nothing about it—I asked Bonner how much money he had in his pocket—he said 13s. 6d.—I told him to see—his pocket was hanging out, and he had no money—there was a new hole in the bottom of the pocket—several, persons asked the prisoner how he came to do it—he then pulled out of his pocket eight shillings, three sixpences, two halfpence, and four half-crowns, and afterwards three penny-pieces and two half-pence—I found three shillings on the floor—I put them on the table—Bonner asked the prisoner to give him his money—he said he did not have it—Bonner said he would fetch a policeman—the prisoner said he might go.
Cross-examined by MR. BALLANTINE. Q. What money was on the table then? A. Eight shillings, three sixpences, four half-crowns, three penny-pieces, and four halfpence—I have known the prisoner about six weeks, and Bonner about four years—we were all fellow-workmen together—there were twelve persons in the room—they all worked with us—I was sitting opposite the prisoner—about six yards from him—he did not say anything when he put his hand into Bonner's pocket—I mean to swear that I and the prisoner have never had any quarrel—this was Saturday evening.
ROBERT BONNER . I was at this public-house about two hours—I had drank two or three times, and fell asleep about half-past ten—the prisoner was sitting on my left—Duffield woke me, and then the prisoner was sitting on the right side of me where my money was—my pocket was turned inside
out, the bottom cut out, and 13s. 6d. gone, in sixpences and shilling—I asked the prisoner to give me my money—he said I might go for a policeman—when I came back the prisoner said, "Bonner, here is your money"—I counted it and said, "Here is only 12s. 6d., I won't have it"—he stood considering a few moments and said, "I will give you the other shilling if you will say no more about it, and have no more row "—the policeman would not let me take it.
Cross-examined. Q. Did you not see the money on the table before you went? A. No; after I came back with the constable he said 12s. 6d. was all he had taken—I am sure it was not a lark—I have not quarrelled with him
GEORGE ELTHAM (police-constable N 222.) I took the prisoner and found eleven shillings, three sixpences, four half-crowns, three penny-pieces, and four halfpence on the table—I did not find asy knife on the prisoner, or any more money
GUILTY . Aged 20.— Confined Two Months.
679. ELIZABETH ANN CLARKE was indicted for stealing 4 yards of merino, value 12s.; 5 handkerchiefs, 8s.; 2 scarfs, 6s.; 1 veil, 2s.; 5 bonnet covers, 2s.; 2 window curtains, 4s.; 3 yards of silk, 2s.; 16 yards of ribbon, 2s.; and one box, 2s., the goods of William Clarke.
MR. HORRY conducted the Prosecution.
SARAH CLARKE . I am the wife of William Clarke, dyer, King-street, Hammersmith. The prisoner is my daughter-in-law—between four and fire, on Wednesday, the 17th of Jan., I went out, leaving her at home—I returned at nine and received this letter from the prisoner's grandmother—it Is in the prisoner's handwriting—she did not return that night—the next morning I missed a box, and I afterwards missed some handkerchiefs, scarfs, a piece of ribbon, some merino, and a veil—these flow produced are them—they are my husband's—I saw the merino safe the evening before—I did not give any of them to the prisoner—I have been married to her father twelve years, and she has lived with me ever since—she had not said any thing to me about going to Chiswick—she had no occasion to seek a situation—(letter read)—"Hammersmith, Jan. 9, 1844. My Dear Father,—I am sorry to leave you, but I have got a situation, and, as I heard of one, I took the first opportunity of going; it is at Chiswick. I shall write soon".
WILLIAH CLARKE . I am the prisoner's father. I did not at any time give any of these things to the prisoner—I did not hear at any time of her getting a situation at Chiswick—she had no occasion to get one.
ELIZA DAY , dressmaker, George-street. On Monday or Tuesday, the 15th or 16th of Jan., the prisoner called at my father's house and asked if she could sleep with me—I said I could not accommodate her—she asked me to mind a box for her—she said she had a situation at Chiswick, but was not going to it for a month, but her mother so ill-used her she could not stay—on Wednesday night she called and said she had left the box at Mr. Finch's at the bottom of our street, she would go and fetch it—she was gone about five minutes, and then brought it and left it with me—I do not know where she went that night—the box was unlocked—she showed me some of the things in it—these are some of them—she showed me a piece of brown silk, and asked if I would make a bonnet for her—I agreed to do it—I asked how she came by them—she said her father had given them her to make up for herself, as they had been be house so long and the owners had never come for them—she said her mother gave her the bit of French merino when she came away to make up for herself—the constable came the next morning and took the box and all the things in it—I had gone to school with the prisoner.
HENRY BEAVAN (police-sergeant T 3.) About eleven in the morning of the 18th of Jan., I was in Broad-way, Hammersmith—I saw the prisoner—in consequence of information from the mother I asked her if her name was Elizabeth Clarke—she said it was not—she said she was living as servant at Kensington, and gave some name which I did not hear—I took her to the station, and on the road she told me where the box was, and I found it at Day's.
GUILTY . Aged 15.— Judgment Respited.
NEW COURT.—Saturday, February 10th, 1844.
Sixth Jury, before Mr. Common Sergeant.
680. WILLIAM HICKINSON was indicted for stealing 1 coat, value 1l.; the goods of Charles Scrope Hutchinson: also 1 coat, value 2l.; 5s.; and 1 hat, 5s., the goods of Charles Ridley; to which he pleaded
GUILTY . Aged 21.— Confined Four Months.
681. THOMAS M'CARTHY and GEORGE ELMES were indicted for stealing 1 pewter pot, value 10d., the goods of Frederick Blake Jacobs: also 1 pewter pot, value 1s. 6d. the goods of William Wallis, and that Elmes had been before convicted of felony; to which
M'CARTHY pleaded GUILTY . Aged 18.— Confined Three Months.
ELMES pleaded GUILTY . Aged 19.— Confined Nine Months.
GUILTY . Aged 21.— Confined One Month.
GUILTY . Aged 18.— Confined Two Months.
GUILTY .— Confined Six Months.
685. SAMUEL HARMAN, JOSEPH NEALE, THOMAS REDMAN, SYDNEY JOHNSON , and GEORGE GREEN , were indicted for stealing 56lbs. weight of tea, value 5l.; 12s., the goods of the East and West India Dock Company.
MESSRS. CLARKSON and PAYNE conducted the Prosecutior.
WILLIAM DAY DAVIS (police-constable H 36.) In consequence of information, on the 10th of Jan. I stationed myself at the Fenchurch-street gate of the East India Dock warehouse—there is another gate in Crutchedfriars—about twelve o'clock I saw Harman come to the gate at Crutchedfriars—he had a bag containing something—at two o'clock I saw him at the Fenchurch-street gate with a bag—I took him into custody, and asked his name—he said Henry Weedon, and that he lived at No. 8, Gee-street, Clerkenwell—this is the bag—it contains 261bs. of loose tea, and nine packages, making in all 29lbs.
HENRY CHARLES PARKER (police-sergeant H 11.) In consequence of information I received in the early part of the 10th of Jan. I placed myself at the Crutched-friars-gate—about two o'clock I saw Neale come down from the tea warehouse of the East and West India Docks where the sale was going on—I knew him before—he had a blue bag across his shoulder—it
was quite full—I followed him to a house, the Golden Lion, Goodman's-yard, Minories—he was taking this bag off his shoulder and putting it on the table—I said he was my prisoner for stealing the Company's tea—he made no answer—I brought him to the warehouse, and found in the bag eight samples in paper, and 261bs. of loose tea—I took him to Mr. Williams.
THOMAS ROOK . I am contractor for horses to the East and West India Dock Company—I know Harman and Neale—in consequence of directions I watched them on the 10th of Jan.—a little before two I saw them come out of the Golden Lion together with each an empty bag—I followed them to Fenchurch-street warehouse, and waited at the gate—they went to the show warehouse—I then saw them come out of the tea warehouse with two bags full of tea—I saw Harman stopped at Fenchurch-street-gate—as soon as Neale saw Harman stopped he turned back, and went out at the Crutched-friars-gate—I saw Harman before he was stopped—I followed Neale to the Golden Lion, Minories, with an officer—I did not lose sight of him till he went into the Golden Lion with the bag.
RICHARD WILLIAMS . I am principal warehousekeeper of the town ware-house of the East and West India Company—I have been so thirty-nine years, and have been familiar with the warehouse the last eight years—the preparatory steps to selling tea are, on the receipt of an order from a broker, to lay them down for inspection and sale—the lids are taken off the packages, and are laid down in numerical order—the broker attends, or some one, for the purpose of going through the teas, to give them a character for the governance of the trade, and samples are handed up by the servants in trays, each containing samples of three chests; then catalogues are issued—the trade are furnished with a card by the committee of brokers—the names and measures by which they are to sample are determined by that committee, over which the Company have no control—it is then the duty of the parties coming for samples to produce their card, and that card states which number of tin they are entitled to sample by—these are the tins—it is permitted to be piled and coned up as high as they can—it is the duty of the Company to take an equal return, according to the sample they have taken, and the tea is required to be as near the quality of the sample as possible that we may lose nothing—the persons who come to sample bring tea in bags, according to the tea they are about to sample from—it is the duty of the servants to see that no persons sample tea who are not in possession of the card, and who produce the same quality and quantity that they take—Johnson is overlooker, and Green a labourer—they were so employed that morning—the samplers are not allowed to assist themselves—Green was a labourer under Johnson—Redman was a labourer, but his duty that day no way placed him in a position to be at the sample room—I did not know anything till that day of Harman or Neale—I had never seen them before—after they have got their samples, this list is on the table, for the purpose of registering their names as the persons belonging to the houses for which they register, which is signed by them, also the number of samples and the size, and the initials of the persons who take them—it would have been signed by Harman and Neale on that occasion, not by the labourers, they have only to see that they do sign when they take away their samples and bags—in consequence of information, on the 10th of Jan. I directed the gates at both ends to be watched—the mode in which the teas are to be obtained, and the mode of registering the person's name afterwards, are well kuown to Johnson and Redman—a little after two o'clock, on the 10th of Jan., I went to Fenchurch-street-gate—I saw Harman and Neale under the gate, with two empty bags—in consequeuce of a communication made to me, as they entered, I turned round, and followed them up
stairs into the warehouse—that is the show-room—they took their seat at the remote table from the door, where the merchants go for the purpose of sampling—Green was in the room where the table was—there were no persons at the table but Harman and Neale—Johnson was near the entrance door of the room, where he had ample means of seeing what was going on—it was the duty of both of them to see the card—if two persons came together, it would be the duty of Green to see one card, and Johnson the other—they were not both to see the same card—Redman was down in some of the alleys, marking the lots on the chests—Johnson moved across the landing, from door to door—after Harman and Neale had taken their seats, Green brought up samples of tea, which was his duty, to the table where they were sitting—while Harman and Neale were in the room I went into the room to ask for the ware-houseman, Mr. Hitchings; and I went into an adjoining room, where I could command a view of the men and the tray—Green continued to hand the samples up to Harman and Neale at the table—I saw the signing list on the table in the room where Harman and Neale were—after they have got their samples it is the duty of these persons to see that they sign the paper, and that they bring an equal quantity of tea for what they take—I saw Green lay the list on the table—Johnson then directed Harman and Neale down a staircase which would not have given them egress into the yard—it was a different staircase to the one they came up—before they left I saw Redman come up to them, leaning his hand upon the table, and stooping over, holding a conference with them—Johnson was still at the door on the landing—when Harman and Neale got up from the table to go, they each had two bags full—Johnson directed them down the staircase with the bags full—going down that staircase would take them into the street by a way that they would not pass me—I came out, and went up to Green—the list was on the table at the time—I asked him who those parties were, and whether he had seen their cards—he said, "Yes"—I asked him what the number was—he said he did not recollect—I said, "Then show me where they have signed the list"—he turned it over three or four times, and could not find it out; and as the thing was so recent, I rubbed my hand over to see where the ink was wet, and there was not any—he did not give me any name—I could not find the name of Weedon on the list—I then gave Green, Johnson, and Redman into custody—I was afterwards shown a bag of tea by Davis—when I saw Harman in custody of Davis I asked him if he had any card—he said he had not—I after that saw Neale in custody—I have examined the loose tea in the bag—it is congou, and such as we have is the warehouse, and not sample—this (producing it) is the largest measure by which they sample—I sent for Johnson, Redman, and Green, to be brought down to the place where Harman and Neale were—I desired Johnson to look round the room, and see if he recognised anybody, with the exception of females, that he had seen at the warehouse—(Harman and Neale were close by at the time)—Johnson said, "Do you, Sir?"—I repeated the question, and received the same answer—I repeated it the third time, and his answer was, "I say, do you, Sir?"—I put the same question to Redman and Green, while Harman and Neale were close to them—they said they did not know them—in the course of the business which Redman had to perform in numbering the chests, he had no business at the table where the samples were—nothing could call him there—his duty would not call him at all to communicate with Harman or Neale; but he came up to the table while they were sitting there, before they got up to quit the room—I saw Johnson in the act of tearing up a piece of paper at the time I gave him into custody—I took it from him, and have it here; and here are three pieces of paper that were picked up at Redman's feet when he was searched by the officer.
Cross-examined by MR. PRENDEROAST Q. You gave Redman, Johnson, and Green into custody? A. Yes—Harman and Neale were in one inclosure, and Redman, Johnson, and Green were in another—the door at the bottom of the staircase down which they were going was fastened, but they could go down one flight of stairs and pass under the floor I was on, and by going down one flight of stairs again, they would pass out at the door by which they entered.
Cross-examined by MR. DOANE. Q. Green was subordinate to Johnson? A. Yes—I think Green has been in the service as an extra labourer since July, 1838—I had not the means of seeing from where I was, whether any card was handed by Harman and Neale—there were souchong and bohea teas on show that day, and other teas as well—there were two catalogues on show—I cannot say whether any congou was on show that day—there was congou open in the adjoining room—it was under the care of Johnson and Green—the show-room is not very extensive—the tea-chests are arranged up the room, and form alleys, about two feet wide, for persons to go up and down—-the tables were under the windows—it was Green's duty to draw samples from the chests, and I saw him bringing the samples—Redman had nothing to da with the cards in that room on that day—I saw him in conversation with Harman and Neale—I was not in a condition to hear him speak, and cannot swear that Harman and Neale said a word to him—we direct sometimes that the tea shall not be pressed down in these measures—if any of the servants saw the brokers pressing the tea down, it would be their duty to prevent it—if Redman had been on duty in the show-room, it would have been his duty to do it, and if he were not on duty, it would be liable for him to do it—he bad been in the service of the Joint Company since 1835—he is what is called a preferable labourer, from his good conduct.
Cross-examined by MR. BALLANTINE Q. There was another warehouse, in which was congou, but not on show? A. Yes, the congou was placed at a very short distance from the room in which Harman and Neale were—it was in chests which were open—they had been ordered to be opened and laid down by the broker, Hewett and Co., who had the management of it—I think the last sale of congou had been on the 6th of Jan.—it was sold by auction—I am not sure whether any of that remained not taken away on the 10th—they are nailed up immediately after the sale, and put into the delivery pile—the prisoners are charged with stealing about 56lbs. of tea—that includes the samples as well as the bulk—I could see Harman and Neale as they sat at the table, but not the whole of their persons—I saw the upper part of their persons—they could get all this tea without my observing them—I was at some distance in an adjoining room—I saw no congou brought while I was there—I kept my eye on the bags till they went into the room, and sat down at the table—I cannot say whether Green spoke to Harman and Neale—I saw two persons go up to them—the room was not crowded.
MR. CLARKSON. Q. Do the Company ever part with tea in bulk, as this tea is, either with or without an order? A. Never—a person who came with an empty bag, and without any samples, would not be entitled to carry away any tea in samples or anything else—the tea must go in samples or in chests—persons who come without return teas have no authority to take samples--1 saw Harman and Neale go into the warehouse by the door where the direction is given to the public to go up and sample tea—they went on to the second floor, turned to the right, and went to the extreme end of that second room, that would lead them to the show-room—the door at which they entered was open for their exit—after the persons who had come to take samples had taken them, there would have been no difficulty for them to have gone that same way out as they came in, but instead of going from the further.
end of the second warehouse, they turned down another staircase, and if they had gone to the end of that staircase it would have taken them to a door that was closed—they could get out, but by going down the staircase to another door they would avoid me, which they would not have done if they had gone out the way they came in.
JAMES TILLEY . I am a foreman of the Company's warehouse. On the 9th of Jan. I gave directions to Green and Johnson as to the sampling warehouse—I ordered them separately to attend to a tea show on the second floor, and Johnson was to take the command—they were to attend to the gentlemen who came to see the tea on show—the gentlemen usually came in and took a seat at the table—it was their duty to ask for the production of his card, and either one or the other of them was to draw the samples—after they had sampled, their duty was to take the same quantity and quality of tea as nearly as they could, and then to have the list signed—Green and Johnson knew their duty perfectly well—they had been engaged in the same work for two or three years.
Cross-examined by MR. PRENDERGAST. Q. There is access to that room from one staircase, where the prisoners are supposed to have entered? A. Yes—that staircase is about the centre of the two ways from Fenchurch-street and Crutched-friars—there are two other modes of coming down from that room, but the other two entrances were locked—they might go from the second to the first floor, but if they went further it would lead them to a door that was locked—there was but one entrance to the tea show—two doors were locked and one was open—the staircase that Harman and Neale went down led them to the floor below—there was one staircase for them to go upaod the same to go down—they had no right on any other floor—there are boards up to direct persons which way to go—the staircase down which Harman and Neale went, is a direct communication to the room below—I did not tell Johnson to send persons down that other staircase.
Cross-examined by MR. DOANE. Q. Sometimes the men who attend the samples are not very strict about producing these cards? A. It is their duty to do so.
JURY. Q. There are three staircases, do they all communicate with the first floor? A. Yes—it made no difference which staircase they went down to get to the first floor.
Johnson. Q. On that day you and Mr. Hatch came, I told you great inconvenience had arisen from persons going down that staircase, and you told me to direct them along the first floor? A. I told you no such thing.
MR. PRENDERGAST. Q. Would not going along the first floor be a more ready mode of proceeding, than going down the first staircase? A. I should say not—I do not consider it would make any difference—they would haw to go down one staircase to the first floor, but if they went along the second floor they would go direct down at once—there is sampling on the first floor sometimes, but not at the end of the building.
MR. CLARKSON. Q. Had any of the prisoners any business to transact on the first floor? A. Not that I am aware of—the sample room is on the second floor—that was the room to which the public had access—if they had gone along the length of the sample room, they would have gone out straightway—I should say there was no necessity for their going along the first floor.
COURT. Q. Was the staircase that they went down the nearest road to where the sampling is on the first floor? A. I should say it is nearly the same.
he brought with him to the warehouse that morning—he said 5s. 6d.—I asked if he brought any more—he said, "No"—I searched him, and in his left hand trousers pocket I found this purse, containing two penny pieces in one end and a sovereign in the other, and in his left hand waistcoat pocket I found two half-crowns, one penny, and two pieces of paper, with the name and address of the prisoner Harman—he said he did not know Harman and Neale.
COURT. Q. Did the prisoners pass you in going to this room? A. They passed me in the yard, and I followed them up—when I saw them leaving the room, and Johnson directing them they had the bags full—there were no persons in the room when they left but Johnson, Green, and Redman.
----Liscomb, a glassman;----Blake, a glassman; and----Bonner, deposed to Johnson's good character. William Goldsmith, chapel-keeper; Rev. Mr. Cuff, of Kennington; William Harris, a leather seller, Tower-street; and Mr. Clayton, of the Royal Oak, Dover-road, to that of Green. Samuel Yardly, a silk weaver; Francis Reynolds, an undertaker; John Dennis, glass and china dealer; Mathew Murphey, a weaver; Joshua Dorman; John Hill, a hatter; Thomas Grant, a weaver; and William Reynalds, undertaker, to that of Harman. Louis Banfield, a shoemaker; Samuel Grew, undertaker; Jeremiah Watson; Stephen Moss, publican; Richard Gray, cabinet-maker; William Burt, a butcher; and Joseph English, silk-manufacturer, to that of Neale.)
REDMAN— NOT GOILTY .
HARMAN— GUILTY . Aged 51.
NEALE— GUILTY . Aged 45.
JOHNSON— GUILTY . Aged 35.
GREEN— GUILTY . Aged 24.
Transported for seven years.
686. WILLIAM SAWYER was indicted for stealing 9 pairs of shoes, value 10s.; also, 1 half-crown, 4 shillings, and 1 sixpence, the property of William Huddard Dutton, his master; to both which he pleaded
GUILTY . Aged 40.— Confined Six Months.
687. ISABELLA HONEYMAN was indicted for stealing 9 tablecloths, value 4l.; 22 dinner-napkins, 2l.; 3 dressing-gowns, 15s.; 1 watch-chain, 1l.; 10s.; 1 ring, 2s.; 1 handkerchief, 2s.; 1 other dinner napkin, 1s.; and 3 saucepans, 2s. 6d. the goods of Howell Jones Phillips: 4 seals, 10s.; 1 ring, 15s.; 1 cheese-scoop, 2s. 6d.; 1 punch-ladle, 5s.; 1 pair of sugar-tongs, 9s.; 1 sugar-ladle, 3s.; 1 pair of stockings, 6d.; 2 towels, 9d.; 3 yards calico, 1s.; 1 blanket, 2s.; 1 jug, 1s.; 2 printed books, 3s.; 2 knives, 3s.; 2 plates, 2s.; 1 purse, 2s.; 1 pair of shirt studs, 5s., the goods of Maria Phillips, her mistress.
REV. HOWELL JONES PHILLIPS . I live in Upper Seymour-street, with Maria Phillips, my mother. The prisoner was our cook—I know this gold watch-chain—it was my late father's—these seals, and this ring was my late uncle's—these dinner napkins and saucepans are mine, and were in the house when the prisoner was there.
Cross-examined by MR. DOANE. Q. Look at one of the books? Here is the name of my late father in it—it was found in a square chest of the prisoner's at the "Servants' Home"—I recognised it as her chest—she begged for mercy—she unfortunately had an illegitimate child, and had permission to go to bury it—she told me it was her brother who was dead.
ELIZABETH COLLINS . My daughter pledged this watch, chain, and seals—the prisoner brought it to my house to pledge—I asked her how she came by them—she said part was her grandfather's, and part was given her by a particular friend—three rings passed through my hands—this is one of them—my daughter pledged them for her.
GUILTY . Aged 31.— Confined One Year.
688. ELLEN TURNER was indicted for stealing 6 pelerines, value 3s.; 6 collars, 3s.; 1 tippet, 1s.; 1 cloak, 5s.; 1 bonnet, 4s.; 1 muff, 5s.; 1 printed book, 1l.; 2 aprons, 2s.; 13 handkerchiefs, 6s.; 3 packs of playing-cards, 6d.; 2 rules, 6d.; 2 boxes, 2s.; 2 precious stones, 1s.; 1 pair of earrings, 1s.; 4 pairs of stockings, 1s. 6d.; 1 pair of mittens, 1d.; 2 towels, 6d.; 1 petticoat, 1s.; 1 cigar-case, 3d.; 1 bed-gown, 6d.; 9 yards of ribbon, 1s.; 1,3 yards of lace, 4s.; and 5 yards of silk, 3s.; the goods of Harrington Carrington Benwell, her mistress.
HARRINGTON CARRINOTON BENWELL. I live in Portman-place, Edgware-road. The prisoner was in my service in Dec. last—I missed a number of articles—the things now produced are mine—some of them were found in the prisoner's box.
JAMES M'REATH (police-constable D 176.) I spoke to the prisoner, and she said something to me—the searcher at the station gave me eight duplicates—I went to Mr. Loveday's with them, and found some of the property identified by the prosecutrix.
GUILTY. Aged 15.—Recommended to mercy.— Confined Three Month.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
JOHN DIXON . I am in the service of Messrs. Hunt and Co., of Harrison-street, Gray's Inn-lane-road. I was private watchman to the establishment. I received instructions, and on the 13th of Jan. I watched the chasing-room—I got into an adjoining room, in which was a trap, which enabled me to command a view of the chasers' benches—there are two rows of benches in that room where the men work, and a trough runs along to catch the silver filings—I stationed myself there about a quarter before six, I saw the prisoner and a number of men at work—when the bell rung the other men left the room—one person remained to clear up the shop, and the prisoner remained dawdling about the shop—I thought he was filing his nails, but I did not see the file in his hand—I watched him narrowly—he stationed himself near the forge—he then took a gallipot, as I thought, and I saw him pour something from it into a piece of white printed paper—he folded or screwed the paper up, and put it into his pocket or about his person—I proceeded down to the counting-house to get teil clerk to go to Mr. Hunt—I stationed myself near the door—the prisoner came down almost immediately—I top ped him—he seemed confused, and asked me to let him go up again—I fused—he broke out of my custody, and ran up stairs into the chasing-rooidi from whence he came—I got up close to him—he was standing directly opposite me in the middle of the shop—I watched him—Mr. Hunt came inta the shop, and ordered him and me into Mr. Day's room at the end of the
shop—before he went into the room I observed him lay down his umbrella on a work-bench near Mr. Day's room—a policeman was sent for—the prisoner was searched, and I was astonished that nothing was found on him—he dressed himself again, and I went back to search the chasers' shop—I found a paper containing what I supposed was silver dust—I took it to Mr. Hunt, and said, "This is what I suspected"—the paper was opened, and it contained silver dust, called limmell in the trade—after the prisoner was lodged in the station, I went back to the shop, and under the bench where I had seen him standing, I found the mug, which was what I thought looked like a gallipot—I found some fine silver dust hanging about it, corresponding with that in the paper.
Cross-examined by MR. WILDE. Q. Where were you? A. In a room a floor higher than the prisoner.
WILLIAM FRAMPTON. I am apprentice to Messrs. Hunt and Co. I was in the chasing-room—the men left work at six o'clock in the evening—the bench where Fines and Nicholls worked if near Mr. Day's room—they left work at a quarter past six o'clock—I cleared out the trough at the edge of their bench after they left work, but before they were gone—there was no paper screwed up containing silver dust at that time—if there had been I must have seen it—I left nothing in the trough—I swept it clean out—in about twenty minutes or a quarter of an hour after, I saw the prisoner leave his bench, and he walked about the shop till half-past six, and then left—I do not know why he should stay—when he left there was nobody in the shop but me and a man named Rothing—some of the gas-lights were still burning in the shop—in a few minutes the prisoner returned, and the watchman followed him—they stood three or four yards from each other—Mr. Hunt then came in, and sent me for the key of Mr. Day's room—he and the prisoner went into Mr. Day's room—I then went to the bench where Fines and Nicholls had been working, to turn a stool down that I had turned up, and, in so doing, I knocked down an umbrella—I took it up, placed it on the bench, and then I saw a little bit of paper screwed up, which I had not seen when I cleared out the trough—I saw the watchman come and take the piece of paper into Mr. Day's room, and then the policeman came—I know that the prisoner takes in a publication called Punch—it used to lie between his bench and another man's—I have seen a pile of them on his board.
Cross-examined. Q. I suppose you have seen this Punch every where? A. Yes—I have borrowed it of the prisoner at different times—it was taken in by several persons once a month—one apprentice has to stop to sweep up, which takes about half an hour—I generally go at six o'clock, when the men go—each of the men, when he goes, puts out his own light, and if I want them I light them again—some men stop for their wages—it takes about five minutes to pay their wages.
JOHN SAMUEL HUNT . I have more than one partner. The prisoner was one of my apprentices—on this evening, in consequence of information, I went into the chasing-room—I found Dixon and the prisoner there—I went into Mr. Day's room, and told the prisoner I should send for his father, bat I tent for the policeman—I told the prisoner I had long suspected him of robbing me, and asked if he had any objection to be searched—he said, "No"—he was searched—Dixon went back to the chasing shop, and brought a piece of paper screwed up, containing silver dust—I gave the prisoner and the paper in charge of the policeman—he begged me not to send for his father, and said, "Oh, pray, forgive me"—he was taken to the station—I saw a sheet of paper which was found on the right hand side of the prisoner's bench—it turned out to be Punch, and the piece of paper which Dixon brought in with the
silver dust in it corresponded exactly with it—it matched exactly—the average quantity of filings in that particular shop is from fifteen to twenty ounces—I had missed silver and silver dust, and set Dixon to watch—this dust is worth 17s. or 18s.—I was present when Dixon found this mug—I have examined the silver dust in the paper, and that which stuck round the mug, and they are the same.
THOMAS NICHOLLS . I am a chaser, and work near Mr. Day's room—I saw Frampton clearing the trough that evening—he threw some of the limmell on the bench, and I swept it off again—there was no paper like this there then.
JOHN ROWE (police-constable E 91.) I was called to the prosecutor's factory, and saw the prisoner in custody—Mr. Dixon went to the shop—he returned, with a paper in his hand, and said, "This is what I suspected; here it is"—this is the paper the dust was in—I heard the prisoner beg Mr. Hunt to forgive him—he had charged him with stealing this silver—I received charge of this' mug, and part of a number of Punch, from Mr. Hunt—the portion of paper in which the filings were corresponds, with this number.
CHARLES FINES . I am a chaser. This mug belongs to me—I used to keep milk, and sometimes butter in it, in my cupboard, which is a long Way from the prisoner's bench—I had not missed the mug from the sink where I had put it because it was dirty.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy,— Confined Six Months.
GARRATT STACK (police-sergeant S 161.) I found the prisoner with this copper about seven o'clock in the morning, on the 21st of Jan., at Kilburn—I asked where he brought it from—he said from North End, Hampstead, and it belonged to him.
JOHN PARKER re-examined. I saw this copper safe about three o'clock on the 20th of Jan.—this sack, in which the copper was found, was in my possession—it belonged to Mr. Kent—no one slept in the place.
Prisoner's Defence, I was coming to London from West End, and found the copper, and the other things in it.
GUILTY . Aged 43.— Confined Six Months.
Prisoner. I bought them of a man for 2s.
prisoner's former conviction, which I got from Mr. Clark's—(read)—the prisoner is the person.
GUILTY . Aged 18.— Confined One Year.
JAMES SIMS . I am in the service of Mr. John Hazell, a butcher. On the 8th of Jan. I received information, and followed the prisoner abont 300 yards, and he threw this pork down, which he had taken—I called out, "Stop thief"—a man came, and took it up, and it was given to me afterwards—I had cut a chop off each end of it about a quarter of an hour before.
Cross-examined by MR. HOBBY. Q. Are you sure you had Dot told it? A. Yes.
GUILTY . Aged 18.— Confined Six Months.
CHARLES SEYMOUR . I am bailiff to Mr. Alexander Hamilton, at Hendon. On the 11th of Oct., about five o'clock in the day, I was in the road near his farm, and saw the prisoner inside a field at the top of the stack-yard with a duck in his hand—there was another with him, and they were driving two or three of Mr. Hamilton's ducks in front of them—I followed them across the stack-yard field, and there they knocked another duck down, and ran across a field to the wood with a duck in each of their hands—I am quite certain of the prisoner—I knew him long before.
Prisoner. I can assure you I was not near the field.
JOHN BARKER (police-constable S 284.) I heard of this on the 11th of Oct.—I met the prisoner accidentally, on the 25th of Jan., in Tottenham-court-road—I knew he was wanted for this robbery, and took him—I asked if he knew Hampstead, he said, "Yes"—I asked him if he knew Jones, he said, "Yes", he said he knew no more about the ducks than any other person—he used to live at Hampstead—I missed him, and never saw him till I met him.
GUILTY . Aged 18.— Confined Six Months.
DOUGHTY pleaded GUILTY .—Recommended to mercy.— Confined
JAMES DOUGHTY . I live on Saffron-hill. On the 16th of Jan. I missed my watch—this is it—I had seen it safe two hours before—Doughty is my son—I know Hawkins, but I do not know whether he was at my house that day.
gave himself up—he said he was not aware the watch was stolen, but Doughty met him and asked him to pawn it.
HAWKINS— NOT GUILTY .
Fifth Jury, before Edward Bullock, Esq.
GUILTY .— Confined Three Months.
(The prisoner received a good character.)
WILLIAM RICH . I live at College-green, Bristol. On the 9th of February, about two o'clock, I was opposite the Horse-guards with three ladies—I felt a tug at my pocket, and missed my handkerchief, which I had used within ten minutes—I turned and saw the prisoners together within five yards of me—Davies turned backward, and Ward crossed the road—I followed him some distance, then gave him in charge—when I got to the station Davies was there—the handkerchief was found on him—it is mine.
EDWARD LANOLEY (police-sergeant, A 11.) I was near the Horse-guards in plain clothes, and saw the prisoners together—they followed the prosecutor and some ladies for fifty or eighty yards—when the prosecutor slackened his pace they did the same—I saw Davies take a handkerchief from the prosecutor's pocket and put it into his breeches—Ward was close along side of him—the prosecutor followed Ward and gave him to one of our constables—I turned back and took Davies—I found this handkerchief in his breeches, between his thighs—he said he picked it up.
Ward. I was out of work; I hope you will have mercy on me.
Davis. I had been out of work, or I would not have done it.
WARD— GUILTY . Aged 23.
DAVIES— GUILTY . Aged 18.
Confined Six Months.
JOHN SASSE . I am a baker, and live in Ryder's-court, Leicester-square—the prisoner was in my employ—he absconded, and I went to various customers whom he used to serve—I went to Mrs. Elliott's, and they told me the bill which I presented had been paid to the man—I called on Mrs. Barnes, and she said I had not deducted the half-crown which she had paid on account—this is the bill she gave me, and here is "2s. 6d. paid off it" on—I could not swear that this is the prisoner's handwriting—it was his duty to give me the money the day he received it, and these two sums he never gave me.
Cross-examined by MR. PRENDEROAST. Q. Did not he come and tell you he got drunk one night? A. Yes, on Thursday night, the 11th of January—he came to me the next morning—he did not employ a man to do his work—I am sure of that—no man came with a message from him—a great many men came after the place, and the next morning he came and expressed his regret—he booked the bread that he had left on the Thursday—he did not tell me there were some sums he was deficient in—I did not tell him to go on till Saturday—I told him he could finish his week by coming to work—he had no money when he came on Friday—he said he had lost his money and would try to pay me in the course of the day—he commenced his work and left me within a few hours—my basket was taken to another baker's, in Camden-town—he
came to me eight days afterwards, when he knew the police were after him, and then I gave him in charge.
MR. CROUCH. Q. He booked some bread, which he had delivered, and some money he had received on the Friday? A. Yes, but the sums he is charged with, he received several days before, and these were never mentioned by him as received—neither of these sums were mentioned.
ELIZA FRANKISS . The prisoner supplied Mrs. Elliott, my mistress, with bread—I paid him 4s. on the 9th or the 10th of Jan., and he gave me 1d. out—he signed his name to this bill—Mr. Sasse came on the following Monday, and gave me a bill for that week, and I told him I had paid it,
Cross-examined. Q. You cannot tell when it was? A. No—it was in the week before Mr. Sasse called—it was on the Wednesday or Thursday—the bills are generally delivered on Monday or Tuesday, but I very seldom pay the same day.
CHARLOTTE BARNES . I live in Grafton-street. I have bread from Mr. Sasse—on the 9th of Jan. the prisoner called with bread—I owed his master an account of about 13s., and I paid the prisoner 2s. 6d.—he did not mark it on the bill—he left the bill for me on the Thursday following—I was not at home.
NOT GUILTY .
GEORGE KEMP (police-constable N 82.) On the 1st of Feb. I was on duty in plain clothes, in St. James's Park—the Queen was coming from the House—I saw the prisoner behind a gentleman, holding his coat-tail, and I saw him take this handkerchief out of the pocket;—I immediately seised him—he resisted very much, knocked my hat off, and dropped the handkerchief at his feet—this is it—I do not know who the gentleman was.
Prisoner. I never had it; the mob were knocking one another's hats off.
GUILTY . Aged 19.— Confined Four Months.
GEORGE SALLAWAY . I live in Coleman-street. On Monday night last, about half-past ten o'clock, I was coming from Gloucester-place, Hoxton—the prisoner came up to me, and laid bold of my left arm—she asked me to go with her—I said, "Pooh, nonsense," and told her to go home—she then gave me a pull, and shoved herself against me, put her hand into my pocket, took out my purse, and ran away—I missed my purse, and ran after her—I had seven sovereigns, a half-crown, three shillings, and a sixpence in it—I had seen it safe about three minutes before—I caught her, and said she had got my purse—she said she had not—I called "Police"—several persons came about, but they did not interfere, except one woman, who swept her hand round, as if she were feeling for something—the policeman came up, and took the prisoner—I went to the station, and saw my purse there—this is it.
Cross-examined by MR. PAYNE. Q. What makes you say you know you had it safe three minutes before? A. I had but just come from James-street, where I had put it into my pocket—I paid 1s. there—there was another person taken, but the bill was thrown out—I was sober.
JOHN WESTBURY (police-constable N 215.) I was in Gloucester-place, Hoxton—I saw some persons standing at the corner of Bacchus-place—I went up, and the prosecutor had got hold of the prisoner—I was told the prosecutor had been robbed—the prisoner laid hold of my hand, and said, "Stall us off, it is all right"—meaning that I should take her away from the
prosecutor—I took her to the station, and when she was there she was desired to stand up—she refused—we laid hold of her hand, to make her stand up, and in so doing the purse fell from her person, very near her feet—I saw it on the floor, and the officer picked it up—this is it.
Cross-examined. Q. Did not she take you for a gentleman at first? A. I do not know—I was in plain clothes—the purse appeared to drop from her person—I am sure it did not drop from my hand—I never had it in my hand.
JOSEPH FURN (police-constable N 244.) I assisted in taking the prisoner and another to the station—the prisoner was told to stand up—I and Westbury lifted her up, and this purse dropped from her right side.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Four Months.
JOHN WILLIAM . I am a seaman, and lodge in Tite's-alley, Narrow-street, Limehouse. On Saturday night, the 3rd of February, I was in several public-houses—I am not aware that I fell asleep in any of them—the first thing I recollect, was being confined in the Thames police-station, where I awoke of my own accord some time in the morning—the last thing I recollect before that was being at Seeley's tavern in Whitechapel-road—I cannot say what time it was—I know I had some money, because I put four half-crowns into my watch-pocket—I had them safe.
CHARLES BRAT DANIELS . I live in Gloucester-terrace, New-road. I saw a crowd that night in Turner-street—I went to look, and saw the prosecutor lying in the snow, drunk—a woman was standing over him, and said he was her husband—the prisoner came forward, and another man with him, and two or three women—the other man said to the woman, "Do you belong to the sailor?"—she said she did not—the man then said, they bad as much right to the sailor as she had, and they began to rub his ears to revive him, and to lift him from the ground, but it was perfectly useless, he could not stand—I saw the prisoner put his hand into the sailor's pocket, and I heard money rattle, but I did not see him take anything out—I went for a policeman—I was gone about two minutes, and when I came back I found the prisoner in the same place where he had been—he was charged with robbing the sailor—he said he had not.
ROBERT BLACKHOUBE (police-constable K 37.) I went with Mr. Daniels—I saw the prisoner and the sailor—he said, he had not robbed the sailor—I took him to the station—he attempted to escape, and said he would go no further—he bad said previously that all he had about him was 6d. in coppers—in going along, he said he might have 5 1/2 d. or 5 3/4 d., but he was sure it was not more than 6d.—I found a half-crown, a sixpence, and six pence on him—the prosecutor's right hand pocket was turned inside out.
Cross-examined by MR. PAYNE. Q. There were four half-crowns found in the sailor's pocket, were there not? A. Yes, in his watch-pocket, and 4s. 6d. in his waistcoat-pocket.
NOT GUILTY .
JOHN NEWMAN . I am fifteen years old, and live with my parents in Margaret-street. On the 19th of Jan. I was in Amwell-street between five and six o'clock in the evening—I saw both the prisoners walking up and down past Mr. Mathews' shop—Briggs pulled some flannel off the back of a chair, which was standing by the side of the shop—the flannel fell on the seatof the
chair—Connor drew it off, and they went off with it to Chadweil-street, and then Connor gave it to Briggs—they tied it up in a handkerchief, and then ran—we went after them and called out—I gave notice at Mr. Mathews' shop—his man joined us, and called "Stop thief"—I saw them throw the flannel down on the ground—Briggs was taken at the time—Connor got away, but was taken afterwards—I observed the flannel when it was on the ground, and I saw a ticket on it with a large "9," and the word "Welsh" on it—I am quite sure the prisoners are the persons—I thought I had seen them about Margaret-street the night before.
Cross-examined by MR. HORET. Q. What were you doing? A. Standing, with some more boys, at the bottom of Amwell-street—we live in Margaret-street—it was quite dark—I saw the prisoner walk up and down before the shop half a dozen times—Wand was with me, and some others—we gave the alarm when we saw them take the flannel off the chair.
Cross-examined by MR. M'NAMARA. Q. Did you know Connor? A. I thought I had seen him before, but I saw him before he took the flannel—he was about a dozen yards from me when he took it—I saw his face very well, and knew him directly I saw him.
WILLIAM WETHERLY . I am in the service of Mr. Mathews, linen-draper, Amwell-street. I heard from the witnesses about the flannel, and went after the persons—I saw the prisoners in Myddelton-square—Briggs had the flannel, and was tying it in his handkerchief—when I called "Stop thief," they threw it down, and I picked it up—it had the price ticket on it—I am sure the prisoners are the persons I saw in the square—I saw Briggs caught.
Cross-examined by MR. M'NAMARA. Q. you never saw them before? A. No—I cannot say that Connor is the boy—I saw his back.
WILLIAM WAND . I am eleven years old—I was playing with Newman, and saw both the prisoners—I am sure of them—they were walking up and down Amwell-street, before Mr. Mathews's shop—I saw Briggs pull the flannel on to the seat of the chair, and Connor took it off—they went away, and Connor carried it—they went round Chadwell-street—I went to Mr. Mathews's shop, and told what I saw—I then followed them, and saw the flannel lying in the road—a boy took it up.
Cross-examined by MR. M'NAMARA. Q. How far were you from them when you saw them walking by the shop? A. Five or six yards—I was at the bottom of the street when I saw them take it.
EDWARD FRANCIS ADAM (police-constable G 148.) I found this handkerchief in Briggs's pocket—when the examination was nearly concluded Connor asked Jackman for his silk handkerchief—I said, "What silk handkerchief?"—he said, "The silk handkerchief that the flannel was wrapped in"—I went and got the handkerchief, and he said it was his—he had previously told the Magistrate that he knew nothing about Briggs, and was not acquainted with him; and when the Magistrate asked him why he asked for the handkerchief, he said he had lent it to Briggs in the morning.
BRIGGS— GUILTY . Aged 19.
CONNOR— GUILTY . Aged 17.
Confined Two Months.
702. SARAH ALLEN was indicted for stealing 1 cloak, value 3s., the goods of Richard Allen: and ELIZABETH WINTER , for receiving the same, well knowing it to have been stolen.—2nd COUNT, for feloniously harbouring and maintaining the said Sarah Allen.
MARY ALLEN . I am the wife of Richard Allen. The prisoner Allen, who is my daughter left my house about the 18th of Jan., while I was out—when I came home I missed my cloth cloak from a closet in the room down stairs—my daughter had no permission to take or wear it, and, to the best of my knowledge, she had never done so—if she had taken it to use I should not have refused it her—I went to Mr. Watts's, the pawnbroker's, in Hammersmith, and found my cloak—I had before spoken to Winter about things being brought to her by my daughter, and had forbidden her to allow my child to come to her place—both my husband and myself have done so—Winter's husband, I think, is a gardener—she keeps a bad house, and has men and women there at all hours.
Winter. Q. When did you forbid me taking clothes from your daughter? A. Several times—I have known of her having things from my daughter many times, and we have offered to get them out, if she would give up the duplicates; and the reply she made was, "I have other things in with them; I can't let you have them"—she pledged everything even to her very petticoats.
JOSEPH JUPP (police-constable T 55.) I went with Mrs. Allen to Winter's house, in Hammersmith, on the 19th of January—I found both the prisoners there, and took them—I found fifty-six duplicates in the house; one was for this cloak—Allen said she took the cloak from her mother's house, and gave it to Mrs. Winter, who had persuaded her to do it, to make some money to take some things out of pawn—Winter acknowledged to taking the cloak from her, and pledging it.
Winter's Defence. She brought me the cloak to pledge, and lent me the money till the evening; I went next day to take it out, and it was stopped; I did not know it was Mrs. Allen's.
(The prisoners received good characters.)
ALLEN— GUILTY. Aged 20.—Recommended to mercy.— Confined Ten Day.
WINTER— GUILTY . Aged 48.— Confined Eighteen Months.
WILLIAM THORNE . I am errand-boy to Edward Cleaver, woollen-draper, King-street, Hol born. Between eight and nine o'clock in the evening, on the 19th of Jan., I saw the prisoner in the shop—he took a waistcoat-piece from the window, and ran away with it—I ran after him, and cried, "Stop thief"—he dropped it on the step, and ran—I followed, and never lost sight of him—I saw him stopped—I picked up the waistcoat-piece.
Prisoner's Defence. I heard a cry of "Stop thief;" I ran with the other people.
GUILTY . Aged 19.— Confined Nine Months.
LOUISA BRYAN . I am the wife of Thomas Bryan. On Monday evening, the 15th of January, I was in Tottenham-court-road—I taw both the prisoners together at Mr. Ward's shop—Pooley snatched a pair of boots down off the railing, and gave them to Smith, who put them into his pocket—they walked some distance, and looked at me very hard, as I was watching them——I lost sight of them for some time, but I saw them again, and pointed them out—I am quite sure they are the same men—I can swear to them—I gave information—I saw the boots again in an area, but I did not get up in time to see them put into the area—I saw the prisoners in some square about three-quarters of a mile from Mr. Ward's—the area in which the boots were, was in the way from the shop to that square.
Pooley. Q. Did not you come into the station and say, "I believe that is the man, I could not swear it"—and did not the policeman take you to a public-house, and treat you with a pint of ale and biscuit, and say, "Mind you say the same that I told you last night?" A. Certainly not—he brought me in a biscuit, but he never uttered such a word—I was confident you was the man—the policeman said, "Now, before you are positive, be sure you are right."
Pooley. I was taken up ten days afterwards, and was very tipsy; I laid on the floor, and the policeman brought you in; you said you believed I was the man, you could not swear to me. Witness. He was not tipsy—I had never seen him before that night, but he looked at me so had that I knew him—I was watching him and he me.
JOHN WOOLCOTT . I am shopman to Mr. Benjamin Ward, boot and shoemaker, in Tottenham-court-road. On the evening of the 15th of Jan, Bryan gave me notice about a pair of boots—I went and missed a pair from the railing outside the shop—I followed in the way Bryan directed, and she pointed out two men—I went after them with the policeman, and Smith, who was one of them, was taken—I saw him throw the boots over the railing of an area at the corner of Bedford-square—I ran with another policeman after the other man, but he got away—I cannot swear that Pooley was the other man—I can swear to Smith—he threw away these boots—they are my master's.
WILLIAM BAKER (police-constable E 108.) I heard of this robbery, and I took Pooley on the 25th of Jan.—I told him I wanted him on suspicion of stealing a pair of hoots in Tottenham-court-road, in company with another person—he struck me a violent blow on my breast, and made his escape—I succeeded in taking him, after a race with two or three other constables—he said, "I know who has done this for me."
Smith's Defence. I was passing Bedford-square, and was token. I am innocent.
Pooley's Defence. I think it very hard to be taken up innocently; I know nothing of it; I was at work at the time.
SMITH— GUILTY . Aged 20.
POOLEY— GUILTY . Aged 23.
Transported for Seven years.
NEW COURT.—Monday, February 12th, 1844.
Fifth Jury, before Mr. Common Sergeant.
GUILTY .— Confined Three Months.
GUILTY .— Confined One Year.
GUILTY .— Confined Three Months.
JOHN GEORGE WICKERS . I am in the employ of John Goldfinch Brown and another, lightermen. On the 23rd of January, about half a ton of coalf was lost from their barge, called the Fred., near Crown-wharf, between five and six in the morning—the coals produced correspond with ours.
Cross-examined by MR. BALLANTINI. Q. What coals are they? A. Barrett's Walls End, a second class of coal—a great quantity come up of the kind—my master has offered a reward for the discovery of robberies.
HENRY JOSEPH KINO (Thames police-constable, No. 30.) Between twelve and one in the night of the 23rd of January, I was rowing down the river with two officers, and was near the junks at Crown-wharf—I saw the prisoner in a loaded coal-barge—he walked to a light punt, lying between two loaded coal-barges—we rowed to him, and found him lying on the flat of his face, between two piles of coals—I asked what he was doing, he said he had brought the punt to take some coke when there was water enough—we went down and returned aside the barge, and saw him come up from the cabin, take several pieces of coal off one barge and the other, and put them into the punt—we took him in the punt—I have compared these coals with those in the barge—they correspond.
Cross-examined. Q. Did you know whose barge it was, except from what you were told? A. Not till I went and found Mr. Wickers—I did not observe the name on the barge—I took Wickers to the same barge—she was lying in the same place—the prisoner said he brought the punt down and was going to take her under the gas-works to load coke—we then went about fifty or sixty yards up the river, and when we came down again my brother officer asked him who he had got in his cabin—he said, "No one"—we did not say, "You had no coals forward when I spoke to you before"—he said the coali in the punt belonged to him, they were the remains of seven tons that he had had previously—I observed when I hailed him at one o'clock, that he bad coals in his barge—at the station he said to the best of his judgment he had eight tons of coals in his punt—I found there was one ton and three hundred weight—he did not say, "I must have lost three hundred weight myself"—we are frequently rewarded by the Commissioners of Police—I took him just after three—I did not from one till three take any person—it was a beautiful star-light night—there were not many vessels about—a person could get from one craft to another.
COURT. Q. Is it possible that some other person, not the prisoner, may have been the man you saw handing coals out of the barge into the punt? A. No, I saw no other person—I believe the prisoner to be the man that did it.
(The prisoner received a good character.)
GUILTY . Aged 55.— Confined Six Months.
(There was another indictment against the prisoner.)
ROBERT BUTBURRY . I am in the service of John White, harness-maker, Great St. Andrew-street, Seven Dials. On the evening of the 17th Jan. I received information, and watched—I saw the prisoner come inside and take the harness from the door—I followed him into Earl-street, where the policeman took him with the harness.
Cross-examined by MR. DOANE. Q. Mr. White has known the prisoner some years? A. Yes—he has borne a good character—he was rather in liquor—he walked deliberately into a public-house—the policeman asked where he got it from—he said it was his own.
(The prisoner received a good character.)
GUILTY. Aged 39.—Recommended to mercy.— Confined Two Mouths.
HENRY JOHN COMLEY . I am a shoemaker, and live in Wells-street, Oxford-street. About two o'clock on the 5th Feb., I was in my back parlour, and I saw Dufour come into the shop, take one pair of shoes from inside and give them to Webb—I ran and caught Webb about two hundred yards off—a gentleman caught Dufour—a boy picked up the shoes—they were mine.
WEBB*— GUILTY . Aged 21.— Confined Six Months.
DUFOUR— GUILTY . Aged 16.— Confined Three Months.
ROBERT MUNTINO . I am in the service of George Nodes, bookseller, High Holborn. The prisoner is in the habit of purchasing books of us—on the 29th Jan. he came, and I saw him put something into his pocket—I followed him, and these books were found on him.
Prisoner. I bought them of Mr. Nodes, a week before. Witness. Mr. Nodes was not in town a week before—this book, "Swain's Redemption," Was only in the shop a week before, and never was sold—the prisoner only purchased a Prayer-book and Testament on the 29th.
Prisoner. The book he swears I stole was one I changed for a Prayerbook with Mr. Nodes the day before.
GUILTY . Aged 24.— Confined Three Months.
GEORGE DIXON . I am shopman to Robert Watt, of Upper Exmouth-street. On the 5th of Feb. the prisoner and another woman came there—the prisoner took a pair of boots off the stall—I asked if she wanted a pair of boots—she said, "No"—I took the other woman inside to try the boots—the prisoner took a pair of boots up and brought them into the shop—she then went out—I went after her half-way up the street—she said, "Here are the boots, but don't do anything to me"—I had not had any dealings with her.
Prisoner. I did not ask the price, I took them and brought them into the shop, thinking they belonged to the woman; no one recognised them, I came out again with them.
GUILTY . Aged 43.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
MARTHA CALCUTT . I am the wife of John Calcutt, butcher, Queen's-buildings, Knightsbridge. From information I received on the morning of the 17th Jan. I watched the prisoner, who was our servant, from half-past five o'clock to half-past six, in the back parlour—it was dark—my husband goes to market at that time—I had a view of the shop without being seen by any one—there was a gaslight in the shop—I saw the prisoner talking to some person at the door—a policeman first, then a man passed along who I did not know—the prisoner said, "Good morning, stop a bit, I have a bit of washing for you"—I know where the prisoner's washing is done—it was not his washerman—the man said, "You must be very quick, as I am rather late this morning"—the prisoner said, "Step round the corner, I will be with you immediately"—his going to the back would bring him close to the door—the prisoner then got on the desk and looked over to see if any one was in the parlour, but as I was close under the blind he could not see me—he then turned off the gas, and sawed off a breast of mutton, chopped it, and handed it to the man—he did not weigh it, or receive any money—I then looked over the blind to see if I could identify the man—I could not—the prisoner looked round and saw me—I went out and accused him of the theft.
Prisoner. Mrs. Calcutt brought forward my fellow-servant, Knight, who was in the shop and saw the whole transaction. Witness. He was in the shop hanging up meat, the Magistrate refused to take his evidence.
MR. BALLAKTINE. Q. Is he here? A. No—the Magistrate would not take his evidence, because he did not speak the truth—the Magistrate said he was as great a thief as the other.
RICHARD HANCOCK (police-constable T 10.) I took the prisoner—I told him the charge—he said his master knew nothing about it, he was not at home, and his mistress was looking through the window at him—he never told me he had received the money for the mutton—this is Mr. Painter's the Magistrate's handwriting—(read)—"The prisoner says I weighed the breast of mutton, it was 2lbs. 10oz., at 4d. a lb., which is the usual price; I received 10 1/2 d. for it."
Prisoner. Q. Did you not find the money on the desk? A. He was feeling for the money in his pocket after I went out, and after he had seen me—there were no weights in the scales.
GUILTY . Aged 35.— Confined Six Months.
(There was another indictment against the prisoner.)
THOMAS COOK , cheesemonger, Sonets-town. About ten o'clock in the morning of the 2nd of Feb. Preece came into the shop, and gave information—I missed two brooms, went out with a boy, and met the prisoner in Chapel-street—when he saw me he threw the brooms down, and ran away—they
correspond with the two I had lost—a boy picked them up, and I took the prisoner.
SMITH PREECES . I saw a boy not so big as the prisoner take one broom—he called the prisoner, who came—he then took another—the prisoner was not three yards from the door—they went down the street, and the boy gave the brooms to the prisoner.
Prisoner's Defence. I purchased them for 3d.
GUILTY . Aged 17.— Confined Three Month.
Stiffitt's Defence. I had been very bad in the hospital—I agreed to get them out on Saturday night; I did not intend to leave.
STEVENS— GUILTY. Aged 21.—Recommended to mercy.— Confined One
STIFFIT— NOT GUILTY .
JOHN GIBSON . I keep livery stables in Devonshire-street. On the 1st Jan. I met the prisoner in Harley-street—he said he was coming to ask me to lend him a pair of horses, and that he had a prospect of a good situation—I said I could not lend them then—we went a little way—he conversed about the horses, and said he had a wife and children, and was in great distress—I said I thought I could be 1s. in his pocket, and asked if he would carry a bridle and saddle home for me—he said he should be glad—I took him to Windmill-street, and delivered them to him—I told him to make the best of his way home to my house—I never saw him afterwards till he was in custody—I have never seen the bridle or saddle since—it would take him twenty minutes to go to my house—I was home in half an hour.
Cross-examined by MR. PRENDERGAST. Q. You had known him a considerable time? A. Seven or eight months—he had been a groom and coachman.
GUILTY . Aged 28.— Confined Four Months.
(There was another indictment against the prisoner.)
GUILTY .— Confined Two Years.
(The prisoner received a good character.)
ARABELLA BURNELL , of Guildford-place, Clerkenwell. On the 27th of Jan. the prisoner came to my shop to purchase a handkerchief—while I was serving him I saw him take this shirt and calico, and put it under his apron, he then asked for something for an apron—while I was getting the stuff, he took two handkerchiefs, and put into his apron, and went out—I pursued, calling, "Stop thief," and he threw the property from him, just before he was taken.
Prisoner's Defence. They fell off the counter; I drew them off with my fist.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Four Months.
FREDERICK STAINTON HODGES . On the 1st of Feb. I was in Parliament-street, looking at the Queen—the policeman told me something—I searched my pocket, and my handkerchief was gone—I had seen it safe three minutes before.
SAMUEL WRIGHT (police-constable P 172.) I saw the prisoner go behind the prosecutor, with another boy—he made several attempts to get the handkerchief—just as the Queen was passing he got it, and was passing it to another boy—I seized him—he struggled, and dropped it.
Prisoner's Defence. Another boy by me chucked the handkerchief on my arm.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined Three Months.
HARRIS pleaded GUILTY . Aged 18.— Confined Three Months.
CHARLES JONES , porter, Cushion-court, Broad-street, City. About three o'clock in the afternoon of the 1st of Feb. I was standing in the Park, by Buckingham-gate—the policeman said I had had my pocket picked—I searched, and missed my handkerchief—this is it.
JOHN CARPENTER (police-constable R 84.) I was on duty as the Qnees was passing into Buckingham Palace-gate—I saw Harris take this handkerchief from the prosecutor's pocket—Wade was close by his side—I took them both—I had seen them together for ten minutes or a quarter of an hour, attempting to pick several pockets—they were passing from place to place, and speaking together.
WILLIAM GLAD WIN (police-con stable R 122.) I saw the prisoners together for ten minutes or a quarter of an hour—I saw them attempt several pockets—I saw Wade throw these two handkerchiefs from him when he was taken.
Wade's Defence. I never saw them.
WADE— GUILTY . Aged 17.— Confined Three Months.
Prisoner. I went to live with the prosecutrix as a dress lodger, and the, necklace she lent me—her name is Barrett.
HANNAH HILLER re-examined. I have been married sixteen years—I do not keep a dress lodging-house—the prisoner was not a dress lodger—my husband is a merchant at Sierra Leone—these things are my own—I brought the necklace from Sierra Leone—I have a large family of my own—my son keeps the books when I have lodgers—here is my name on the towels—she has robbed me before—I did not like to send her away.
Prisoner't Defence, She is only doing it out of spite, because she was always robbing gentlemen that I took home to her; she robbed one captain of 2l.;, which I know he had when he went to bed, and in the morning it was gone.
NOT GUILTY .
ELIZABETH LOVETT . I am the wife of Richard Lovett, a hair-dresser, at Ratcliff. On the 6th of Feb. the prisoner came into my shop—she asked if her man had come to be shaved—I said I had no one there—I did not know who she meant—she went away, and came again to know if my husband was at home—I said no—she said she wanted him to go and shave a man—I said he would not be home till the afternoon—she said, "Let him come by six o'clock; that is the time the wake will begin"—when she was gone I mined two pairs of scissors, a cutting-cloth from the chair, and two towels—I went over the road, and found her at the bar of Mr. Brown's public-house—I said if she would give me the things I would do nothing to her—she began swearing and laughing at me—I went to the station, and she was taken.
Prisoner. Q. Did you not drink with me several times? A. No, I did not—I never saw you before.
Prisoner, I told her that, because the prosecutrix told me to say so; it was right opposite the prosecutrix's door. Witness, I do not live exactly opposite—the policeman came in about an hour—the scissors were rolled up in a piece of cloth.
Prisoner's Defence, On the 5th of Feb. I was in company with the prosecutrix; we were both drinking; as I was passing next morning she called me, and sent me out several times; a man she called Smith came, and she gave me the scissors and cloth, and told me to get 8d. on them—I went to Mr. Sutton's, and could only get 6d.; the man met me at the door, and told me to give the money to him, which I did; we went to the White Hart, and had a quartern of gin; the prosecutrix told the man to keep the change; soon afterwards she saw me, and told me to try to get the money to get the things back, as she was afraid of her husband; I said I had not the means.
GUILTY . Aged 27.— Confined Six Months.
FREDERICK ENEAS NICHOLES , confectioner, Piccadilly. About two o'clock in the afternoon of the 1st of Feb. I was in a great crowd in St. James's Park, when the Queen passed—Burcham touched me on the shoulder—I turned and saw the prisoner in his custody—I missed a breast-pin from my handkerchief—it was in the constable's possession—it was safe two minutes before—this is it.
WILLIAM BURCHAM (police-constable H 33.) I was on duty in plain clothes in the Park—I saw the prisoner, in company with another, following the prosecutor in a crowd—I watched, and saw him put his left arm on the prosecutor's right shoulder, just as the Queen was passing—I saw him pull his hand back, and hand something to the second person—I touched the prosecutor, and asked if he bad lost anything—he said, "Yes, my pin"—I called to Davis, "Bill, he has thrown it away," and he succeeded in getting it, about three feet from the person.
Prisoner. Q. When you caught hold of me, had not I my hands in my pockets? A. No.
WILLIAM DAT DAVIS (police-constable H 36.) I saw the prisoner put his left arm on the prosecutor's right shoulder—as the Queen passed there was a rush, and I was driven some feet by the crowd—Burcham called out, "Bill, I have got him"—I saw a scuffle, and picked up this gold pin.
PRISONER'S DEFENCE . I was standing two or three feet from the prosecutor; the officer put his arm round my neck; the young man who was standing between us walked away; he found nothing on me; then they made a ring, and in it they found the pin; I know nothing of it.
GUILTY . Aged 17.— Confined Six Months.
Prisoner. Q. Did you not borrow tools of me? A. Never.
Prisoner. Q. Have I not been in the habit of pawning tools at your shop? A. Yes, and you bought some tools.
Prisoner's Defence. I worked at the same bench with the prosecutor; he borrowed tools of me, and lent me tools; when he has been up to the building he has taken my tools without my sanction; a little before Christmas the master was very short of paying, and one Saturday night he had no wages for me; the prosecutor was using my jack-plane; I said I must pawn it; he said he should want it to-morrow, and I might take the other things, and leave the plane for him.
JOSBPH DEAN re-examined. There was no agreement of that kind—he had no tools scarcely—I knew nothing of his pawning these—I have lost 3l.; or 4l.; worth of tools—the prisoner left his work half finished, and Mr. Newman lost a cramp worth 2l.; 19s.
GUILTY . Aged 49.— Confined Six Months
puddings from the window, put them under his apron, and walk away—I pursued, and he threw them out of his apron—they were my master's.
Prisoner's Defence. A man dropped them, I did not take them.
GUILTY . Aged 19.— Confined Two Months.
ELIZABETH MABON . I am a widow, and live in Seymour-place. I went to the prisoner's sister's house, on the 27th of Jan., and hung my cloak behind the door—I was there from ten o'clock in the morning till half-past nine at night—I then missed it—I went and told the prisoner's uncle and aunt of it—this is it.
Prisoner. It was from distress; I was out of work three months.
GUILTY . Aged 24.— Transported for Seven Years.
WILLIAM M'DONALD . I keep a broker's shop, in Great Wild-street. On the 1st of Feb. I placed a metal gas-pillar outside my door—it was two feet six inches from the pavement, and tied with a string—I missed it—the policeman brought it to me—this is it.
ROBERT ADAMS (police-constable E 109.) I saw the prisoner with this pillar, in Belton-street, Long-acre, between six and seven o'clock in the evening, on the 1st of February—he said he picked it up in Long-acre—he might be about 500 yards from the prosecutor's.
Prisoner's Defence. I picked it up.
GUILTY . Aged 18.— Transported for Seven Years.
728. HENRY FRANCIS was indicted for stealing 1 bag, value 1s.; 14lbs. weight of tobacco, 2l.; 2s. 8d.; 1lb. weight of cheroots, 9s.; and 2lbs. weight of cigars, 13s.; the goods of Henry White and another.
GEORGE WATTS . I am warehouseman to Henry and John White—I sent a bag out with 14lbs. of tobacco, and these other things, on the 2nd of Feb., by Meadows the carman—this is the bag and the articles—they are my master's.
Prisoner. Q. How far had you got from Osborn-street? A. Perhaps 200 yards.
Prisoner. Q. Did I not fall over the curb-stone? A. No, you did not.
WM. COLMAN (police-sergeant H 2.) I was outside the Police-court when the prisoner was brought in—he said in a spontaneous sort of manner, "I am sorry that I have done this act—if I get over it I will take care it shall be the last thing I will ever touch."
Prisoner's Defence. The words I spoke were, I was very sorry I was in the street, and that I interfered with picking it up, or going near the police-man; I was in Osborne-street; I heard a cry of "Stop thief," and saw some person run from the tail of the cart, and drop a parcel; I took it up, and, seeing the policeman, I was going to give it him, but I tripped against the—curb and dropped it; he