CENTRAL CRIMINAL COURT.
FIFTH SESSION, HELD MARCH 4TH, 1844.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HERBERT, 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, March 4th, 1844, and following Days.
Before the Right Honourable WILLIAM MAGNAY, LORD MAYOR of the City of London; the Right Honourable James Lord Abinger, Chief Baron of Her Majesty's Court of Exchequer; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir John Williams, Knt., one other of the Justices of Her Majesty's Court of Queen's Bench; William Thomson, Esq.; Sir Peter Laurie, Knt.; Charles Farebrother, Esq.; William Taylor Copeland, Esq.; Thomas Kelly, Esq.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; John Humphery, Esq.; 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.; and Thomas Farncomb, 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. FIFTH 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, March 4th, 1844.
First Jury, before Mr. Recorder.
GUILTY .— Confined Four Months.
816. JAMES COLLONS was indicted for stealing 1 box, value 1s.; 1 waistcoat, 8s.; 4 handkerchiefs, 6s.; 1 towel, 6d.; 1 pocket-book, 1s.; 2 razors, 3s.; 2 bottles, 6d.; 3 pints of wine, 4s.; and 2lbs. weight of pork, 1s.; the goods of George Rolph; to which he pleaded
GUILTY . Aged 29.— Confined Six Months.
OLD COURT.—Tuesday, March 5th, 1844.
Second Jury, before Mr. Justice Patteson.
GUILTY . Aged 49.
Before Mr. Justice Williams.
The ATTORNEY-GENERAL, with MESSRS. JERVIS, ADOLPHUS, POLLOCK, and POULDEN conducted the Prosecution.
THOMAS COPE . I am a clerk in the Long-room of the Costom-house. I took this declaration on this "sight entry"—I cannot say that I know James Christey's handwriting, but I have no doubt that he signed that in my presence.
HENRY PEEL . I am a clerk in the Registrar's office. This declaration is the handwriting of James Christey—I know the defendant—he is a Custom-house agent—I believe James Christey is his brother—I cannot say whether he acts as his clerk—I believe they acted in conjunction, but I do not know—it is my duty to make out the blue books, which are for the purpose of enabling the landing-waiter to examine the goods—I always copy outside the book the name of the ship, the master, and the place from whence the ship comes, and likewise copy inside the book the heading of the sight entry, with the marks of the cases—that is the practice—this heading is made in the usual course, in the writing of Mr. Mitchell, one of the clerks in the office—the book is then always sent back to the landing-waiter, for the examination of the goods—in April, 1842, the importer could take his goods to what quay he pleased, and not only then, but now also—the landing-waiters were stationed at the same quays for about a month—I was not present at the examination of these goods—the landing-waiter examines the goods with the entry in the blue
book, and either the importer or his agent also attends to make an examination and take an account of the goods—they keep an account against him—when the landing-waiter has made his entry in the blue book, it is returned to the Registrar's office in the evening—it is issued again to the landing-waiter, if he requires it—a perfect entry is the next document required.
Q. Ought the perfect entry to correspond with the value of the goods in the blue book? A. It depends on the assessment of the landing-waiter on the landing of the goods—the landing-waiter must agree with the merchant before the goods can be delivered out of the custody of the Crown—the perfect entry ought to agree with assessment—this is the prisoner's signature to the perfect entry—the body of it also appears in his handwriting—I believe it to be so—(looking at three bills)—these are written so illegibly that I should not like to give my opinion as to the handwriting or the signature.
Cross-examined by MR. CLARKSON. Q. Is there any practice with respect to the surveyor or any other officers of customs, on the valuation of good by the landing-waiter and importer, as to the payment of any larger sum of money, and taking the goods themselves for the Crown? A. The landing-waiter and importer must agree before the delivery of the goods—If goods are valued at a less value than the Crown thinks riht, it has the preemption, by its officers, of saying, "I will pay so much, and take the goods—in the event of the value not being approved by the landing-surveyor and landing-waiter, they are taken possessions of for the benefit of the Crown, adding 10 percent—this blue book shows the name of H. Jones as the landing-waiter on this occasion—I believe this book is in Jones's handwriting—it was delivered to him for his examination—he makes his entry, returns it to the Registrar; and if he demands it again before the goods are delivered, he receives it; if not, it remains with the Registrar, on his certifying the true examination of the goods—it is very common thing for persons importing goods to employ an agent. Who represents himself as the importer for the purpose of working the goods through the Custom-house it is the duty of the landing-surveyor to attend the examination—Mr. M'Vicar was the surveyor on this occasion—the Custom-house agent is not a servant paid by the Customs—the Customs-house has nothing to do with him except his licence—he places an arbitrary value on the goods to be cleared the sufficiency of which is determined upon by the officers of the Crown.
MR. ATTORNEY-GENERAL. Q. You said just now that the landing-surveyor ought to inspect the goods? A. He is always presumed to do so—there are three landing-surveyors for the legal, quay department—they have to superintend sometimes twenty landing-waiters, sometimes thirty, and sometimes forty—at times, when busy on the legal quay, there may be forty examining and landing goods by weight ten at a time be examining—I am not in that department myself, but I know the practice—in the assessment of goods for duty, the landing-surveyors are supposed to know the true value of the goods which they so assign for—I never was there myself—this is Jones's handwriting on the perfect entry, "Correct: H. Jones"—"Value approved: N. M.," are Mr. M'Vicar's initials.
THOMAS NOBLE . I am a clerk in the office of the Receiver of Customs I received the duty on the cases of the goods, amounting, to 31l. 8s. 2d.—I have not the marks, only the name and amount, "31l. 8s. 2d., W. Christey"—I cannot say from whom I received it.
Cross-examined. Q. This was on Monday, the 11th of April? A. Yes—I received all that is entered in this book on the Monday—I enter them as
I receive them—the line that is drawn here is merely done for convenience, to divide the receipts in half, to make the addition shorter—I cannot say when I drew that line—it would be most probably about one o'clock in the day—I think that is about the time I did it—I cannot speak as to the hour with any certainty—I sometimes begin to receive earlier, and sometimes later, it depends on circumstances—I have other business—I have to take the balance of the previous day, of other clerks in the office, which occupies me an hour, perhaps—that is usually the first thing I do—(we begin business at ten o'clock)—if I have no other business, I then take money as it is offered—sometimes I have taken money at the time I have been taking the balances, to oblige parties, but my practice is not to begin to receive money till I am quite at leisure—I leave off receiving at a quarter past three—other clerks receive in other books, kept by them, till half-past, at which time the receipt of custom closes for the day.
MR. ATTORNEY-GENERAL. Q. Is it your practice generally to draw a line, and make the addition about the middle of the day? A. Yes, it is done by anticipation, when it can be done conveniently—I always do it at the end of the twentieth payment, and then we have less to do in the evening—the payment in question is the twenty-eighth receipt of the day—I should think it was likely to have been paid about the middle of the day, but I cannot speak positively by any means.
MR. CLARKSON. Q. Is there not some book kept at the Custom-house, in which the hour at which money is received is correctly kept? A. No, I think not—I am not aware of such a thing.
WILLIAM WILLAMOT . I am the receiver of grand receipts at the Custom-house. I see my handwriting to this perfect entry, vouching the receipt of 31l. odd on the 11th of April, 1842—I received a Treasury note for it, which I have here—it was paid to the Receiver-General—I gave credit for the receipt of that sum—I cannot tell at what time of the day I signed that.
(The sight entry, the blue book, and the perfect entry, being read, declared the contents of the cases landed from the "William Jolliffe," of Calais, Myddleton, master, to be as follows:—"A Z. 2. 305 common wooden clocks; H 6. 1 musical clock, 25 common wooden clocks; and 56lbs. butter; and G & C No. 4. 153 common wooden clocks—value 117l. 13s.; duty, 31l. 8s. 2d."—The sight entry was signed "James Christey, clerk to William Christey" and the perfect entry by William Christey himself.)
JOHN TRICHLER , watch and clock-dealer, No. 405, Oxford-street. I am a native of Germany—I have been in England eighteen years. I have known the defendant ever since I came to England—I have employed him as a Custom-house agent ever since the death of his father—I am in the habit of receiving consignments of clocks from the Continent, on behalf of other persons as well as myself—early in April, 1842, I received advice of a consignment to me—I have not the letter here—I also received a bill of lading which I have not got—I endorsed it—I mostly sent them in a note to Mr. Christey by the post—sometimes I took them there myself—in April, 1842, I employed the prisoner to clear three cases of clocks for me—these are the accounts he gave me of the three cases—one of them is a case marked A Z; another, H, with S in the middle of it; and the other, G and C—the signatures to these bills are Mr. Christey's—he signed them, therefore he received the money—I do not remember whether he brought me the bills himself, or whether I fetched them at his office—there is no doubt but I saw Mr. Christey—I paid him the money—I do not keep a banker—I have no recollection whether I paid him in money, notes, or what—I am as sure as that I stand here that I did pay him the money—I always saw the bills at the time I paid
him the money—I cannot say as to this particular case, but I always received the bills receipted when I paid the money—I did not open the three cases, and do not know of my own knowledge what was in them—I sent them forward to other persons—A Z, I sent to Anthony Zipfel, at Oldham, Lancashire; H S, to Mr. Brunner, of Edgbaston-street, Birmingham; and G and C to Mr. Ganter, of Worcester-street, Wolverhampton.
Cross-examined. Q. The defendant is not a rich man, is he; he cannot afford to advance money? A. He did not do it at that time—there was no regularity about it, sometimes I called on him and gave him the money, and sometimes he came to me to get it—whenever goods were examined he made out accounts, and if I happened to be down at the Custom-house I paid him the accounts directly—upon this occasion I did not ask him whether he had already paid the duty, or whether he was going to pay it, because I had that confidence in him—I cannot say positively whether he represented to me on this occasion that he had paid the money—I always understood that he was not in very good circumstances—I believe it is generally the custom for a Custom-house agent to receive the money of the importer before he makes the payment, but I do not know—I think it was the prisoner's custom with me—he may have paid it sometimes before—he received the money oftener before he paid the duty, I believe—I cannot tell at what time in the day I gave him the money to clear these clocks.
Q. Can you recollect whether he told you that the reason he got your money was that he should go to the Custom-house and clear your goods? A. Whether it was said or not, that was understood, and it was done, because the cases were immediately sent off to my friends in the country—they never came into my possession—I directed the prisoner, when they were out of charges from the Customs, to send them to my consignees.
IGNATIUS BRUNNER , clock-maker, Edgbaston-street, Birmingham. On the 11th of April, 1842,1 received a case of clocks through Mr. Tritchler, marked "H S, No. 6"—it contained 106 small common wooden clocks, one musical clock, and some butter—I was expecting it—it might not be on the 11th that I received it—I received the letter of advice on the 11th, and received the goods two or three days after.
THADDAUS GAUNTER , clock-maker, Wolverhampton. On the 22nd of April, 1842, I received a case from Germany, marked "G and C, No. 4," containing 253 clocks, from Philip Tritchler, one of my partners—I expected them—(The three bills were here read, dated 11th April, 1842, signed William Christey, representing the cases marked "G and C" to contain 253 clocks; "H S," 105 clocks; and "A Z" 305 clocks; the charges for duty 40l. 6s. 6d., the per-centage, clearing, watching, packing, and cartage, amounting altogether to 46l. 13s. 6d.
THOMAS HOWE . I am the acting inspector-general of the Customs in London—I have been in the service of the Customs upwards of twenty-seven years—I was a landing surveyor before I was placed in my present situation—I am acquainted with the duty of a landing-waiter, and the course of practice with reference to making a sight entry—if goods are to be landed, the inspector or his agent applies to the officers in the Long-room; and, on making a declaration that they cannot, for want of sufficient information as to the particulars contained in the package or packages, to make the entry, obtains what is called a bill of sight, which is the same thing as the sight entry—that document, after being completed, is forwarded
to the Registrar's office, or to the Queen's warehouse, if to addressed—upon application being made to the registrar, an order would be issued to the tide-waiter on board the vessel for the delivery of the packages—when landed, they would be put in charge of the officer at the quay or wharf, wherever it might be—the registrar's clerk makes out what is called a blue book, which has on the cover the name of the vessel, the captain, and the port; also, the date of the report, underneath the seal, where the landing surveyor signs his name, or close to it—the clerk in the registrar's office enters the particulars contained in the bill of sight in the blue book, and the name of the person who takes out the bill of sight, the marks and numbers of the packages, the date, and all the particulars—the blue book is then delivered to the landing-waiter for the examination of the goods—the examination is made by the landing-waiter and the importer, or his agent—they generally take an account at the same time as the landing-waiter, and thereupon proceed to the Long-room and perfect the entry, and either put a duty on the goods, or enter them to be warehoused—the goods are not always examined by the landing-surveyor—occasionally the landing-surveyor re-examines and approves of the value of such goods as are subject to ad valorem duties—the value is sometimes ascertained by samples produced; and if not satisfied, the landing-surveyor's duty would be to proceed further—it is the practice that a value should be ascertained for such goods as pay ad valorem duties—clocks are goods of that description—the importer in the first instance, upon examining the goods, takes out a bill of sight, that he may ascertain what that real value is—he then enters the goods accordingly, and it would then be for the landing-surveyor, conjointly with the landing-waiter, to ascertain that that value is correct—there is sometimes a communication between the landing waiter and the importer at the time the goods are examined, and particularly with regard to clocks—there is generally a stated value of-4s. 6d. for wooden clocks—it is not usual to enter any value in the blue book when a bill is taken out—the value is on the warrant, or perfect entry.
NEIL MCVICAR . In April, 1842, I was a landing-surveyor, I am now retired—I see my initials on this perfect entry, sanctioning the value—clocks are admitted at a value as distinguished from a rated value—it is the duty of the landing-surveyor to examine those goods as far as his time renders practicable—it is not his practice to empty all the cases and count all the articles—the value of clocks is a kind of compact value, generally 4s. 6d. a clock, and seeing they were Dutch clocks was quite sufficient—it is not the duty of the landing-surveyor to ascertain the number, but of the landing-waiter—he keeps a memorandum of the number, and I take it on his account—the value sometimes deviates, but it is generally 4s. 6d. for this description of goods.
Cross-examined. Q. You have been superannuated, have you not? A. Yes, in Oct. last—there were some dishonest transactions suspected and inquiries made—I think that took place previous to my superannuation, I do not immediately recollect—I think discoveries were made before Nov. 1842—I was examined at Gwydir House—it is the duty of the landing-surveyor to check the performance of the duties of the landing-waiter, as far as it is practicable—his duties are multifarious, and it is impossible for him to do so—the landing-waiters are numerous, and it is impossible for the superintendent to see every thing—it is impossible for me to say whether I was occupied on the 7th of April, 1842, in superintending the examination of any other goods.
GUILTY .— Confined One Year.
GUILTY . Aged 20.— Confined One Month.
Third Jury, before Mr. Recorder.
821. CHARLES POWELL was indicted for stealing 1 basket, value 6d.; 1 dead hare, 2s.; and 2 dead fowls, 4s.; the goods of the Eastern Counties Railway Company, his masters.—2nd COUNT, stating them to be the goods of George Elliott.
MR. BALLANTINE conducted the Prosecution.
CHARLOTTE ELLIOTT . I am the wife of George Elliott, who lives near Norwich. On the 5th of Feb. I saw Sarah Aylmer put into a hamper a hare, two fowls, and two cakes—they were directed to Mr. Hay, No. 1, Terrace, Kensington—Aylmer fastened the hamper—this now produced is it—there was one direction put on the handle, and one on the lid, and here are two pieces of string in those places—it is two different sorts of string.
SARAH AYLMER . On the 5th of Feb., Mrs. Elliott lodged with me—I helped her to pack the basket, and believe this to be it—I noticed the hare, it was a coursed hare, and had been bitten by the dogs on the right side—I had "hulked" it myself, and cut it very low down towards the fore leg—a hare has since been shown me by the policeman—I am sure it is the same.
Cross-examined by MR. PRENDERGAST. Q. Was it flayed? A. No—there was also a pair of chickens and two cakes in the basket—it was a coursed hare, and was bitten on the right side—I keep an ale-house—I have "hulked" and packed a good many hares, but I know my own cut, and am sure it was the hare I packed.
WILLIAM AYLMER . I am the husband of Sarah Aylmer. I took a basket to the booking-office at Norwich, and booked it for London by the Telegraph coach—I believe this to be the basket—it is the size and shape of it.
NORMAN SEELAY . I am book-keeper at the coach-office, Steven-street, Norwich—I received a basket with a direction, which I took down—it was "Hay, Kensington"—I did not see it put into the coach—the coach went at a quarter past eight in the morning—I did not see the basket after.
Cross-examined. Q. Did you look at it, and see that it was directed for London? A. I did not notice the direction—the book-keeper gives them to me to be packed according to the distance they have to go—I know there was a hamper that morning, it being the only parcel for London.
MR. BALLANTINE. Q. How do you ascertain what parcels there are for a place? A. The blook-keeper tells me—they are entered either for "road" or "London"—Seeley directs how to pack them.
JOHN BOTTOM . I drive the Telegraph coach. On the morning of the 5th of Feb. I took charge of the coach at Newmarket, and received the waybill—I got on the railway at Bishop's Stortford—I did not particularly notice the luggage there—I left the railway at Shoreditch, and when I got to Charing-cross I missed a parcel—the railroad porters unload the parcels from the carriages and put them on the platform—the coach itself does not go on the railway—another coach meets us at Shoreditch, and we have the luggage on the train.
Cross-examined. Q. Have you the waybill? A. Yes—book-keeper
at Norwich gives it to me—it is in Seeley's writing—I only had two parcels at Newmarket—sometimes we do not hare any—our parcels come all the way in the north-east carriages.
WILLIAM DOWERA . I am a porter sand watchman in the employ of the Eastern Counties Railway. The train which brings the passengers of the Norwich Telegraph coach arrives at Shoreditch about ten minutes to six o'clock—I came on duty, on the 6th of Feb., about ten minutes or a quarter past six, and was induced to watch the prisoner and a man named Carr—the prisoner was a porter and carriage-cleaner, and had access to the carriages—he had to unload them, I believe—I saw him and Carr go outside the door, they came up on the arrival side, and walked out for four or five minutes where the passengers go—this was after seven o'clock—(I was not there till after the train came in)—they both returned to the lobby, and staid there about two minutes—the prisoner came and got into a mail-carriage, opened the door, and shut the window after him—that carriage was going out—it was not one of the train which arrived at six—he was there about two minutes—Carr came up to him—they had some conversation, and the prisoner got out on the dark side, between the carriages in the line, not on the path side where the lights were—he took something out, whipped it under his jacket, and away he cut out as hard as he could run on the arrival side—I saw them again in half or three-quarters of an hour—about eight, not two minutes after the prisoner left the carriage, I went into it, and found the hamper produced—there was wet blood at the bottom of it.
Cross-examined. Q. Could you not have stopped him with the property on him, if he had it? A. I did not know what he had got; I suspected he bad something by his running out—I saw he had something hidden under his jacket, but he got out of sight—I only had one person there besides me—there are more ways out than at the gate—I mentioned this to a watchman that night—I went up to the Golden Cross, Charing-cross, and found the proprietor—I did not want to make a disturbance till I found who it belonged to—I came back, and reported it at half-past nine next morning to the inspector on duty.
MR. BALLANTINE. Q. Were you the first person to mention it? A. I asked the porter of the Lynn coach, and then the other porters, if a parcel was lost—the basket was found in the Eastern Counties carriage.
JOHN REES . I was with Dowera. I saw the prisoner go into the mail-carriage, and go out in a minute and a half or two minutes—he ran under the buffers of the carriages—I saw something under his jacket—Dowera went into the carriage, and called me—I then saw the basket in the carriage.
Cross-examined. Q. Did you raise an alarm? A. No—Dowera said, "There he goes?"—the prisoner could not hear that four carriages off—I am not a constable, and, to the best of my knowledge, have no right to stop a man—I did not give information till next day—I think the inspector was gone to tea, as the seven o'clock train was gone out—another train goes out at twenty minutes to nine.
WILLIAM STEPHENSON M'INTYRE . I am superintendant of the Eastern Counties Railway—I accompanied Dubois the officer to the prisoner's house—we searched the house—I saw a woman there conceal something under her apron—she ran down stairs—I followed her and saw her throw something down the privy—I saw the privy searched, and a hare and the skin of another hare taken out—the policeman took possession of it.
Cross-examined. Q. Was nothing else found there? A. No.
in consequence of information—a hare in the privy, which I have shown to Mrs. Elliott and Mrs. Aylmer, and produced it at the office—it was too foul to bring here.
MR. PRENDRGAST to W. S. MINTYRE. Q. The North Eastern Railway brought the goods from Bishop's Stortford? A. Yes—railways have been consolidated—it is all managed by the Eastern Counties Company, and they are responsible for the goods.
MR. BALLANTINE. Q. From Bishops Stortford to London both companies use the same trains? A. Yes—that belongs to the Eastern Counties Railway—the North Eastern Company have nothing to do with the station at Shoreditch—the carriages from Stortford are not the Eastern Counties'—the goods are not changed from the carriages—we have the charge of all the parcels between the line from Stortford to Shoreditch; and ever since the 1st of Jan. the Eastern Counties have leased that line, and manage the whole line down to Bishops Stortford—they have always been responsible for the parcels at Shoreditch, and their servants unpack the carriages when they arrive—if the prisoner was on duty when the train arrived, he would be at the place where the parcels were—he should put the parcel on the coach—he had no right to put it elsewhere—I cannot say he was there at the time, as I was not present—the house the hare was found at is in Bartlett's-buildings, Finsbury.
(The prisoner received a good character.)
GUILTY . Aged 37.—Strongly recommended to mercy— Confined Six Months.
OLD COURT.—Wednesday, March 6th, 1844.
First Jury, before Mr. Justice Patteson.
MR. DOANE conducted the Prosecution.
DANIEL MORRIS . I am a coal-whipper, and live in King-street, Shad-well; I have heard that the prisoner kept an office for coal-whippers before the recent Act of Parliament came into force, but I never bad any connexion with him. On Tuesday, the 8th of Feb., I was returning from work by Gold's-stairs, Shadwell, opposite Gold's-hill—I stopped to have some conversation with some friends at the corner of Gold's-stairs, about seven o'clock in the evening—the prisoner, who was standing there, said, "You scoundrel, walk about your business, we don't want you here"—I made no answer—I afterwards went into the Plume of Feathers public-house, and had a pint of beer—the prisoner followed me in, and called for half-a-pint—he called me a dirty scoundrel—I had not said a word to him—he called me all the dirty names he could—I walked out, and he after me up Gold's-hill—I was crossing the road—he came up to me—I said, "I have got 2d., I am going to have a pint of beer"—he said, "Is that you, you scoundrel?"—he said no more, but struck me on the hat with a thick stick—it knocked my
hat off; then he struck me on the bare head with his stick, and knocked me senseless on the ground—some people assisted me to the doctor's—I was bleeding—the stick cut through my hat.
Cross-examined by MR. BALLANTINE. Q. This was a walking-stick, was it not? A. Yes—I did not utter any language to the prisoner beyond what I have stated—I had not seen him that day before—I left work about half-past five o'clock—I got my money about six, and was then having a pint of beer at a public-house in Store-street, not near the prisoner's house—I saw no mob by the prisoner's house—there was no mob there—I did not see some men and boys looking at any gear—I saw no gear there—there were four or five persons there—I do not know what they were looking at—I did not hear the prisoner say anything about their breaking his gear—I was never engaged in any combination against the prisoner, nor heard of his arm being broken—two years ago I heard an assault had been committed on him; I do not know who by.
Q. What became of you for a year following the assault? A. I was at work at Shadwell—I never had the officers after me in my life—I know nothing of the prisoner being continually followed by a mob of coal-whippers—I never saw them following and hooting him—I believe he has been working under wages—I cannot say that that has made the whippers angry, and join in an association against him—I attended a meeting, but do not know what it was for—it was to Kelly I said I had got 2d.—he is the man who came up to me—it was not another man I had no knife in my possession, and never drew one—I never threatened him with a knife—I was neither drunk nor sober—I knew what I was doing—I know John Russell—I was not with him that day—I did not see Maria Alexander or Hannah Smith the day before—this is my mark to this deposition—it was read over to me, and I put my mark to"it—(the deposition being read, stated, "I saw some boys and men looking at some gear for coal-work; the prisoner was there, and said some of them had broken his gear:" also, "I said to a man, I have got 2d., and am going to spend it; the prisoner came up and struck me." Witness. I did not see any gear at all—I said there was men and boys standing there; I did not see what they were looking at—some of them there told me he had said they had broken his gear, but I did not hear him say so.
MR. DOANE. Q. Were you ever charged with an assault on Kelly? A. Never—there was a meeting of the coal-whippers, for establishing a Government office—I attended some of those meetings.
JOHN RUSSELL . I am a coal-whipper, and live in Queen-street, Ratcliffe. On the 8th of Feb., about seven o'clock in the evening, I was at Gold's-hill—Morris was standing against a stationer's shop—I saw Kelly going from the stationer's shop to his own door, which was two or three doors from it—he came out, and met Morris against the stationer's shop, and struck him with a light-coloured walking-stick on the head, knocked his hat off, then struck him on the naked head, and knocked him down—I cannot say whether he had the stick before he went into his house—I saw two women there—they took him up, and took him to the doctor's—I did not see Morris with a knife in his hand, nor see any mob there.
Cros-examined. Q. About how many people will you say were there? A. I did not see anybody but people walking backward and forward——there were no people round his door shouting and hooting while I was there, nor calling for Jerry—I saw no gear there—I heard no complaining of people breaking his gear—I have heard of the prisoner having prosecuted several people for having assaulted him—I do not know who they were—I believe
some of them were transported—Kelly used to work under the proper price—I never attended a meeting about him, nor any meeting at the Phoenix—I have heard talk of meetings—I never saw mobs round Kelly's house, nor saw him pelted or hooted—I was not at work with Morris—I have seen coalwhippers parading with bands of music—when Morris was knocked down, there was nobody standing about but two women.
MARIA ALEXANDER . I am the wife of Bishop Alexander, a coal-porter, in Brook-street, Ratcliffe. I was going for a walk with Hannah Smith—we stopped to look in at a stationer's window at some books—the prosecutor was close by me when I first saw him—I heard him say he had 2d. to get a pint of beer—Kelly then raised a stick, and struck him on the head, knocked his hat off, and repeated the blow—he fell, and Smith picked him up—I said, "What a shame it is to hit a man like that"—he said to me, "You shall have it next, you good-for-nothing hussy"—I said, "I am no hussy"—he then called me "madam" and "lady"—I said I was neither—he then raised his stick to strike me—I helped to take Morris to the doctor's—he was insensible, and streaming with blood.
Cross-examined. Q. What is your husband? A. A coal-backer—he works at the wharf, not on board ship—he never worked for Kelly—it was Mr. Kelly that Morris told he had got 2d—Kelly made no reply, but struck him—we had been standing there some time looking at the books—I do not suppose there were six people passing—there was no gear whatever laying there—Kelly never spoke, except when he hit Morris—he did not complain of his gear being broken.
HANNAH SMITH . I am single, and live in Brook-street, Ratcliffe, and work at trowsers work—I was with Mrs. Alexander, looking at the stationer's—Kelly and Morris were together—I heard Morris say to Kelly, "I have got 2d. to get a pint of beer"—Kelly never said a word to him, but struck him across the head with a stick, which knocked his hat off, he struck him again, and knocked him down—Mrs. Alexander said, "What a shame to hit the man"—he said, "I'll serve you the same, ma'am"—she said, "I am no man"—he said "madam"—Morris was very much exhausted—I picked him up.
Cross-examined. Q. You saw no crowd? A. No—I did not know Morris before, nor Kelly—I followed him to the station—there was a great crowd collected then.
COURT. Q. Did he change the stick in his hand to strike? A. He had it in both hands.
GEORGE HARRIS . I am a bookseller, and live in High-street. On the night of the 8th of Feb. I happened to come to my door, at the time the prisoner had crossed the road—he had scarcely passed my door when a woman, looking in at my window, accosted him with, "You are a vagabond," or something—he returned and said, "Madam, I advise you to keep a still tongue in your head"—she said, "Madam; who do you call madam?"—the prisoner going still closer to his house, said, "Lady"—then she pushed him away from her—he then left her—she went after him and pushed him into the road—he ran home, and knocked at his door with a stick which he had in his hand—in consequence of his running, I think there was a laugh raised, and combined with something the woman said, (but I am not aware what) caused the prisoner to return to the woman—after something passing he again left the woman and went to his doo—something more was said by the woman, which caused him to return—at that moment I noticed the prosecutor come and stand by his side—he had scarcely got alongside the woman before I saw the prisoner raise the stick and say, if she was a man he would strike her—almost
directly after, I heard him say to Morris, "Hold your tongue, sir"—he then raised his stick, gave him a blow by the side of the head, and knocked his hat on one side—he then gave him another blow on the top or left side of his head, which caused him to reel in the road—he then set his back against his own door and said, if any body insulted or touched him, he would serve them the same—customer came in who I went to, and saw him no more—I did not hear what Morris said to the prisoner—it was very few words—Mrs. Alexander is the woman who the prisoner had the altercation with.
Cross-examined. Q. At that time, was a mob collected? A. None whatever—when Morris was struck there were two women, a boy, and girl—I had been very much engaged all day, and had not seen any coal-whippers there, nor heard any noise—a mob does occasionally collect and hoot Kelly—there are seldom as many as fifty or sixty—Morris did not appear to be threatening him—this is the stick—he held it by the handle—he was not protecting his own door.
DANIEL TERRY (police-sergeant.) About half-past seven a number of people came to the station at Shadwell with the prisoner—they were hooting him and he called on me to protect him from them—he was giving me an account of the cause of disturbance when Cassiday came up and said there was a man at the doctor's who charged Kelly with injuring him, and was coming in a few minutes to charge him—Kelly, on hearing that, attempted to leave, but I detained him—Morris came with his head bound up, in two or three minutes, and made the charge.
JOHN ARTHUR , surgeon, High-street, Shadwell. Morris was brought to me—I found a slight wound on the left side of his head, about an inch and a half long—it did not appear at all a dangerous wound—it might have been inflicted with a stick—it did not require any violent blow to produce it.
Cros-examined. Q. I suppose a much greater injury might have been inflicted by that stick? A. Yes, the scull might be fractured—it was slight and not attended with any danger—Morris was very much intoxicated.
GUILTY of an Assault. —Strongly recommended to mercy.— Fined 1s. and Discharged.
Before Mr. Justice Williams.
NOT GUILTY .
Before Mr. Justice Patteson.
824. JOEL BARNET was indicted for stealing 2 bills of exchange for 38l. 18s. 5d. and 34l. 7s., the property of Lyon Michael, in the dwelling-house of Saul Yates.—2nd COUNT, stating them to be the property of Saul Yates.
MR. CLARKSON conducted the Prosecution.
SAUL YATES . I am an attorney and solicitor, and reside in Bury-street, St. Mary-axe. I have a client named Michael, of Houndsditch—in the summer of last year I was retained by him to prosecute an action on three bills of exchange against Moses Myers—these, are the bills—(looking at them)—Myers is an indorser of this one for 47l., and by procuration of the one for 38l.—I sued Myers on all the three bills—I had proceeded against other parties long before—he had paid 10l. on account of the one for 15l. 17s. 6d., and paid the rest into Court—a noli pros. was entered as to that bill—there had been a demurrer on the two bills—in Feb. last the action on the two bills was at issue, and notice of trial given for the Assizes—the bills were in my office, and the briefs preparing by Mr. Jukes, my principal clerk—he had the bills before him on the 26th of Feb. and for some days before—John Isaac
Sidney is a relative of mine by marriage—on the 20th of Feb. he made a disclosure to me, and in consequence of information from him I immediately proceeded to inspector Todhunter, and made arrangements with him—between three and four o'clock that afternoon I was in an office where Mr. Jukes and myself are at times—Todhunter was in an adjoining office, and Jukes in the same office—the bills were on the desk in an office in which nobody was—there are three offices—on a certain communication being made to me, I opened the door, went into the office where the bills were, and found Sidney and the prisoner there—I said nothing—Todhunter followed me immediately, and immediately laid hold of the prisoner as well as Sidney, and commenced searching Sidney—he did not know himself which had the bills—he then commenced searching the prisoner, and found in his left-hand coat pocket this piece of paper with the particulars on it of the bill for 15l. 17s. 6d., Myers on Cohen, which corresponded with the bill which had been settled, and these three bills were also taken from the prisoner's pocket—his hand was in his pocket—it was drawn out with the three bills clenched in his fist—they were pinned together on a piece of paper, as they had been all the time I held them—this paper had been given to me by Sidney on the Monday when he gave me the information.
Cross-examined by MR. WILKINS Q. How long has Sidney been related to you? A. From his infancy—I married his sister—he has been engaged during the last four or five years with his father, who is an attorney residing in the City—his father apprenticed him to a furrier, but he had not constant employ—he was continually at my office endeavouring to obtain employ—I employed him to serve writs and notices—Jukes has been with me upwards of ten years—the business was never carried on in Jukes's name, nor in Sidney's name—I was not in practice part of that time, but no business was done then, my office was closed—I was absent about three months—Jukes did not carry on my business, and share the profits during that time—I never saw the prisoner before the 26th of Nov—nobody was present when Sidney handed me this paper—he requested to see me privately, and gave it me in my private parlour—he spoke to me first in my office—he was about half an hour in my parlour—I afterwards took him into the office where Mr. Jukes and my son were sitting, and I stated the account he had given me in the presence of Jukes and my other clerks—he came to me I think between eleven and one o'clock—I had no conversation with him on the subject before—I swear that most positively—the bills were generally locked with others in my iron chest at night—the chest is open in business hours, and the bills which are required taken out—there were no other bills on the desk—Sidney has accepted two bills for me, never more—I think one was about nine months ago, and the other four or five months—they were for 20l. each—I knew at that time he was pennyless—I was at that time employing him to serve writs—I saw the bills on the desk, and believe Jukes had placed them there—they were among other papers relating to the case—Jukes and I saw the officer search Sidney—I did not suggest that he was not the person who took the bills—Mr. Jukes said he saw the prisoner take them, and to the best of my belief he stated it was no use searching Sidney as the other man had the bills—I will swear he said so—the Lord Mayor considered it best that Sidney should go to gaol for his own protection, and to insure his coming forward—I never had any quarrel with Mr. Myers—I was once his attorney—we had no dispute—I suppose he was dissatisfied, but he never expressed dissatisfaction.
MR. CLARKSON. Q. What was the reason he left you? A. Mr. Myers had a levy under a bankruptcy on his goods and chattels, as it was supposed he had the goods of a bankrupt there—he was indicted with others for conspiring
to obtain the goods—he was acquitted, and afterwards brought an action against the messenger for levying on his goods—I recovered a verdict for 1,200l.—my costs were 600l.—Myers required when 1 had obtained the amount of the verdict to pay it to Brown and Janson, he being a debtor to them—I agreed to forego a sum, and Brown and Co. did the same—I paid the money in—the two bills Sidney accepted were for a client of mine—the last bill is not yet due—it was given by consent of the party for his accommodation—he knew at the time Sidney was worth nothing—Sidney was in a state of great poverty when he made this communication to me.
JOHN ISSAC SIDNEY . I have come here from prison—I was committed by the Lord Mayor for want of sureties—I had been out of employ for about three weeks before I was examined—I had served summonses and process for Mr. Yates—I was very poor and hard up about the 26th of Feb.—I had nothing but what I got from my employ—I had served process for Mr. Yates in the action against Myers, and knew there was such an action in hid office—I served Mr. Myers with the writ—on Monday, the 19th of Jan., I saw the prisoner at a barber's shop in Petticoat-lane—I had been there for a fortnight previously—he called me down, and said, "Isaac, I want to speak to you"—he took me up Petticoat-lane, and asked if I had had any supper—I said "No"—he bought me a piece of fish, and in going down the lane he asked if I knew where Mr. Yates kept his bills—I said, "I do know where all his bills are," and asked him if it was a bill which had been sued on or not—he said I knew all the parties, for I had served the writs—he told me to come into the coffee-shop, and he would give me all the particulars—I went in—he pulled out his pocket-book, tore off a piece of paper, and wrote on it the nature of the bills—this is the paper on which he wrote it—it is his handwriting—he said if I would get those bills I should have 20l. or 30l., Mr. Myers would not stand nice for money, that I should have a ship, and they would send me to sea, and the bills should be torn up in my presence and be put into the fire, and no more heard of them—he paid 10d. for the coffee and bread and butter, and gave me, I think, 4d.—I told him I had had no supper, and he gave me one before he said anything to me—I know Joseph Myers—I separated from the prisoner at Mr. Green's—he told me to go to the barber's shop, and he would meet me again (I left him, and Joe Myers came out of a court, I left them together)—he eame up to me at the barber's shop, and told me not to forget what he had told me, and he would see me the next morning—I told him I had not been in bed all night, and should be very tired; if he would call at my lodgings I would see him, if not I would meet him—I met him next night at the same place—I met him every night after till the 26th of Feb.—I went to Mr. Yates's office in the mean time for the purpose of taking the bills, but had no opportunity—on Monday, the 26th of Feb., I went to Mr. Yates's office, and told him all about it—I went there on Thursday to tell him, but he was not at home—I saw the prisoner on the Sunday night—he said, "If you don't get the bills by to-morrow, mind Mr. Myers is going to get somebody else, for they must be got"—I said I would see him on Monday—he told me to call at Mr. Lipman's—I called at Lipman's next day—he was not there—I was told he was at the Insolvent Debtors' Court—I told him on Sunday I had seen the bills in Mr. Yates's office—I told him I did not think I could get the bills without he went with me—he said he would go—I told him I had a writ to serve, and—I had a stall (an excuse) to make if Mr. Yates or any body was in the office—I said I had a writ laying out for me I expected, and he must look about the desk for the bills as well as myself—I met him on Monday after I had seen Mr. Yates, at Lipman's, by appointment—as we went along I told
him to look about as well as me—we got to Mr. Yates's about half-past three (it was not true that I had a writ to serve for Mr. Yates)—I went into the office, and he followed me—there was nobody there—he looked round for the bills—I was looking where they were, and he took them up, put them into his pocket, and then out popped Mr. Todhunter, the inspector, and seized us both—this paper marked "B" is my writing—I wrote down the particulars of the 15l. bill, and gave it to Mr. Yates at the time I made the disclosure—I afterwards took it away with me, went with it to ask the prisoner if Mr. Myers wanted that bill also—this paper as well as the bills was found on the prisoner—after I gave it to the prisoner he told me he had been to Myers's place, and he would not be at home for a quarter of an hour, and told me to wait at Lipman's—I did so—he returned, and said he was not expected for an hour.
Cross-examined by MR. WILKINS Q. Are you married? A. No—I have been working for a living for two years, or two years and a half, in the fur trade—I worked for a journeyman about four months in the summer time—for the other eight months of the year I was serving writs and notices for Mr. Yates, and one thing and another, not only for Mr. Yates, but other gentlemen—I have done so for Mr. Isaacs, nobody else—I never made an affidavit of the service of a writ when I had not served it—I am positive of that—I was never in prison before this time—I met the prisoner at a gaming-house—I have attended no other gaming-houses—I have attended that almost every night for the last three or four weeks—I do not include the week I have been locked up, but for three weeks before that—I had never been there before, nor to any other gaming-house—I was in no capacity at the gaming-house—at the time the prisoner gave me the supper I was in a terrible state of destitution—he came up and asked me if I had any supper—I told him I had not been to bed all the night before—that was true—I had been in a coffee-shop in Backchurch-lane, and not only that night, but I was very distressed at that time—I did not apply to my brother-in-law, Mr. Yates—I did not like to apply to auybody—I never accepted bills for Mr. Yates—he did not want my acceptance, it was worth nothing—I am sure I never accepted any bills for him—I do not understand your meaning, what has it to do with this case?—yes, I think I have, now I come to think of it—I think I did accept one some long time ago—I do not know how long ago—I do not think it was so long as two years ago—it might be about eighteen months—that was the only time—the first time I went to Mr. Yates to give him information was between twelve and one o'clock—I saw him in his office—I told him the story I have told you to-day, in his back office, I think, not in the parlour—Mr. Jukes was present—I first of all called Mr. Yates out to speak to him in the back office, and he said, "Come in, and tell Mr. Jukes what you have told me"—Mr. Jukes was not present when I first told the story to Mr. Yates—I had not been more than ten minutes with Mr. Yates—his two sons were present when he showed me into the office—one of his sons is here, but he was not in the office—I had never spoken to the prisoner before this transaction, but he had known me by seeing me up at this place—I had seen him, but never spoken to him before—I have a brother named James Isaacs—I never told him ten days before this that I wanted him to give me a bit of advice about some bills—I had not seen him for two months—I never went to him for any advice at all—I never told him that I was anxious to serve Yates, as he had been very kind to me after all my family had turned their backs on me—Mr. Yates has been my only friend since I have been from America, since I was shipwrecked—my brother never cautioned me not to bring any innocent persons into trouble—I never spoke to him on the subject—I never told him I had accepted bills for Mr. Yates, nor that I got half-a-crown
each time I accepted them—I never told him anything of the-kind—he has never come to houses resorted to by bad characters, and cautioned them against harbouring me, that I know of—I swear he never did that in my presence—I should know Benjamin Solomon, of Middlesex-street, White-chapel, perhaps, if I were to see him—I know very few of the Jews—I do not know a man named Butcher—I did not meet him on the morning in question, and say, "Have you seen Joel Barnet this morning?"—on the morning on which I had the intercourse with Mr. Yates, I went to Mr. Lipman's to inquire for the prisoner—they said he was up at the Insolvent Debtor's Court—I was looking for him that morning by appointment—I was not inquiring for him, but the moment I popped my head into Lipman's they hallooed that out—I went that morning to No. 15, Coburg-court, Bell-lane, to inquire for the prisoner—I did not leave a message, that it would be all right for him, it was all settled, and he had nothing to fear—I saw his sister—she said, "I know what you call about, have you got any good news for me?"—I did not say it was all settled—I left no message with her—I afterwards met the prisoner at Mr. Lipman's—I did not press him to go, nor did he say, "I want my dinner"—I did not say, "Never mind your dinner"—I have been living lately at Goulstcn-street, Whitechapel, with Mansel, a blind man, on and off, about three or four months, regularly—I paid 2s. a week for my lodgings—I have paid that for three months past—I occupy half a bed on the one pair—my father is living—he is a solicitor—he keeps clerks—I do not do any of his work for him—I am a furrier by trade—I was going to America, but was shipwrecked at Ballyack, in Ireland—Mr. Yates did not find me the money to start to America with—it is family affairs, it has nothing at all to do with this case—I do not think I have a right to answer—I took the money, but it was my own—I took it from my father—he never said anything about it—I took 30l.—when we were at Yates's the officer Todhunter came out he seized us both, and said we were both his prisoners—I had never seen Todhunter before—the bills were on the desk—they had been lying there all the week, where Jukes was writing on them, making up the briefs—I had seen them there all the week, lying strewed about with all the briefs before Mr. Jukes—I was there on Tuesday, Wednesday, and Thursday, and saw them—I did not see Mr. Yates on either of those days, nor on Friday or Saturday—he was gone to see his child, at Hammersmith—I did not see him on Sunday—I saw him on Monday morning—when Todhunter came out, I think Mr. Jukes was standing there at the time, and he laid hold of the prisoner—Mr. Yates and Mr. Jukes then popped out—the prisoner was searched, and the bills found on him—I was going to be searched, but Mr. Todhunter said, "Is anything else missing?" and Mr. Yates said, "I don't suppose they are actually thieves, they have only come for the purpose of taking the bills, there is no occasion to search him any more"—Mr. Jukes said nothing at all—he was only a looker on—there was only Mr. Yates's eldest son present, besides me, when the policeman searched the prisoner—I do not know who was present when they were proceeding to search me, I did not notice—I think Mr. Yates's son was—I was there on the Tuesday, Wednesday, and Thursday in the preceding week—I called on Friday and Saturday, and saw the bills every day—Mr. Jukes is Mr. Yates's confidential clerk—he is no relation.
MR. CLARKSON. Q. You saw the bills from Tuesday to Saturday? A. Yes—I could not get them, because Mr. Jukes was writing on them, making up the brief—I know the room Mr. Yates generally dines in—that was not the room I went into with him—I went through the room he sits in, into the back office, a kind of outer office—I know the parlour—it was not that
room—there was nobody there but me and Mr. Yates—I have accepted a bill for Mr. Yates for 20l.—eighteen months ago it might be—I never accepted a second bill for him—I accepted a renewed bill for him—those are the only two occasions on which I accepted bills for him.
JAMES AUGUSTINE JUKES . I have been clerk to Mr. Yates about ten years. On Monday, the 26th of Feb., I was preparing a brief at Mr. Yates's in the case of "Michael against Myers"—I had got these bills before me—I had seen Sidney and the prisoner in the office five or ten minutes before they were taken into custody—the bills were lying at that time on the round table by the side of the fire-place, near Mr. Yates's desk, pinned together as they are now—in consequence of information I placed my self in the passage where there was a window which commanded a view of Mr. Yates's office—the prisoner and Sidney came into the office—there was no one else there—they went up to Mr. Yates's table, and both began turning over the papers—they remained some short time turning over the papers—whilst they were doing so a little noise occurred which seemed to give an alarm, and Barnet sat himself down on a chair under the window for about half a minute—he then got up again and renewed the search over the papers at the table—they went round Mr. Yates's table to a table where I am in the habit of sitting, under the window—they then returned, and coming round the little round table at the corner where the bills were, they seemed to catch the prisoner's eye—he laid hold of them, looked at them, brought them round the end of Mr. Yates's table, pulled them over immediately, folded them up, and put them into his left-hand coat pocket—I gave an alarm, and the inspector came in.
Cross-examined. Q. Where had these bills been kept the previous week? A. In a recess in a book-case to the left of my desk, with the whole of the other papers in the cause—I had had them out at different times for several days—I had done part of the brief, and then put it on one side to go on with other matters—I had them out day after day for some days before—I think I saw Sidney come in one day in the week before—I am sure he was there once—I am rather doubting whether it was once or twice—I did not see him more than twice—when I saw him he was sitting at the side of the fire-place—I have always been in one office latterly, and was so up to that time—he sat by the fire probably half an hour—I cannot tell—the hills were then either in the recess or on my desk—I cannot positively say, for I do not know exactly what I was upon at the time—I cannot positively say whether these bills were ever on my desk when he came—they were pinned together as they are now—I think he came to the office about twelve o'clock, or between twelve and one on the Monday—I cannot say where Mr. Yates was on the Saturday or Friday—he was about his business that week, and at the office, on Thursday, Friday, and Saturday—during that time Sidney inquired for him—I do not know whether it was Thursday, Friday, or Saturday—I think it was early in the week that I saw Sidney there—I do not think I saw him there either Thursday, Friday, or Saturday—I think it was earlyier in the week, but I cannot take on myself to say—when he came on the Monday he said he wished to speak to Mr. Yates—Mr. Yates was then in his own office, and he and Sidney went out together into the front parlour I believe—they went out into the passage—I do not know where they went after—they were absent ten minutes or a quarter of an hour probably—they then came back into the office—I think one, if not both, of Mr. Yates's sons were in the office at that time, but I cannot take on myself to say—I think one of them was—I should say Sidney staid in the office probably half an hour—I did not see him again till I saw him in the room with the prisoner—I saw Sidney partly searched, and also the prisoner—he did not say to Sidney at the time, "You villain,
you have led me into this"—he made no observation at all—I never knew Sidney to accept bills for Mr. Yates—I have known Sidney nearly ever since I have been in the office—I cannot say what he has been doing for a living—he has been occasionally employed in our office to serve writs, notices, and those sort of things—I do not know of anything else—I do not know his affairs at all—we had received instructions from Mr. Yates not to encourage him in the office.
MR. CLARKSON. Q. Was his appearance very bad? that of a distressed, impoverished person? A. Very bad—I think those instructions were given by Mr. Yates some three or four weeks back—his state and appearance had become so deplorable that Mr. Yates said it was not fit—I always considered Mr. Yates had been kind to him before that—when he and Mr. Yates returned into the office, Mr. Yates called my attention to this piece of paper, put it into my band, and said, "What do you think of this, Mr. Jukes?" and he said with regard to the robbery, "You had better let it be done;" and that it was to take place, in order that the party might be apprehended—measures were immediately taken to have them apprehended; inspector Todhunter was sent for, and received some directions from Mr. Yates in my presence—I believe he had received some directions before.
JOSEPH TODHUNTER . I am an inspector of the City-police. On Monday, the 26th of Feb., between three and four o'clock, I went to Mr. Yates's office, and in consequence of an arrangement that was made I was secreted in a room where I could command a view of the office—after waiting for a few minutes I saw the prisoner and Sidney come into the office—I saw them go to different parts of the office, more particularly the prisoner—I saw the prisoner take up various papers, in different parts of the office, from the deaks, at which be looked, putting them down again—I lost sight of him for a moment, owing to the partition of the wall between the windows of the office; but immediately afterwards I rushed into the office—I there saw the prisoner and Sidney—I searched Sidney first, because he was nearer the fire—I found nothing on him—I then searched the prisoner, and found the three bills of exchange, which I had previously seen in the office, in his left-hand coat pocket—he had his hand in his pocket, and was clenching the bills in his pocket—I also found on him this paper relating to the bill lor 15l. 7s. 6d.—I then took him to the station.
(On the paper handed by Sidney to Mr. Yates was written, "Two bills, one for 38l. 18l. 3d., drawn by S. Braham on S. Wolf; second bill, for 34l. 7s., drawn by H. Archer on Enoch Price. "On that found on the prisoner was written" 15l. 17s. 6d., Myers and Cohen. "The three bills were also read.)
GUILTY . Aged 22.—Strongly recommended to mercy by the Jury and Prosecutor.— Confined Six Months.
Fourth Jury, before Mr. Recorder.
GUILTY .— Confined Three Months.
GUILTY . Aged 20.— Confined Two Months.
827. CHARLES BRUCE was indicted for burglariously breaking and entering the dwelling-house of Emily Hawkins, in the night of the 29th of Dec, with intent to steal, and stealing therein, 1 neckerchief, value 1s., the goods of James Morgan: 1 cruet-stand, value 10l.; 3 cruets, 1l.; 1 sugar-ladleladle, 24s.; 1 spoon, 7s.; 6 knives, 16s.; 6 forks, 15s. and 1 coat, 7l. 7s.; the goods of Emily Hawkins; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 20.— Transported for Ten Years.
GUILTY . Aged 30.— Confined One Month.
GUILTY .— Confined Three Months.
830. JAMES DUNN and BENJAMIN LAW were indicted for feloniously breaking and entering the dwelling-house of James Leggatt, on the 13th of Feb., at the parish of St. Luke, and stealing therein, 1 looking-glass and frame, value 1l. 10s.; 2 sheets, 6s.; 1 counterpane, 8s.; 2 blankets, 12s.; 2 pillows, 6s.; 1 bolster, 6s.; 1 clock, 12s. and 1 pair of trowsers, 4s.; his goods.
MR. BALLANTINE. conducted the Prosecution.
ELIZABETH LEGGATT . I am the wife of James Leggatt, of No. 12, Lamb's-buildings, Bunhill-row, in the parish of St. Luke—we use the front parlour as a bed-room. On Tuesday evening, the 13th of Feb., between five and six o'clock, I went into the parlour, and observed the window was down and fastened—every thing in the room was safe—I had seen my little girl close the window-shutters about half-past six—she did not fasten them—I and my family then went into the back parlour—at half-past seven I heard a knock at the street-door—my family had gone to bed—the door between the back and front parlours was shut—I went to the door, and a neighbour made a communication to me—I went into the front parlour, and missed the articles stated In the indictment, worth about 8l.—the bed was taken—the bedstead was close to the window.
Cross-examined by MR. HORRY. Q. What was the neighbour's name? A. Small, but not the witness of that name.
JOHN SMALL . I live next door to the prosecutor—I have known the prisoners eighteen months or two years. On the 13th of Feb., about twenty minutes after seven o'clock, from that to half-past, I was returning home, and saw them coming down Lamb's-buildings together towards Leggatt's house—I had occasion to stop for a minute, and after that went towards my own house, and thought I saw one of their legs in the prosecutor's front parlour window, but was not certain—I stopped and watched for a short time, and then saw the window-shutters come open, and one of their heads put out—in a short time the prisoner Law came from down Lamb's-passage towards Leggatt's house—I had not seen him come from the house—he was coming up to the door—I made a shuffling noise with my feet, and he went away again—he was about ten yards from the house—I did not see that he had anything with him—I lost sight of him for about a minute—he went down to the bottom of Lamb's-passage—I heard "Jack," or something, called from Leggatt's house—Law then came back, and went towards the house—I made a shuffle with my feet—he was then two or three yards from the door, and he walked off in a direction from Mr. Leggatt's house towards me—he passed me—I am certain it was Law—(I had not seen him in the house—when I first saw them walking together they were five or six yards from the house, and in conversation with one another—I then went in doors, and sent my sister for a policeman)—I went to my own door, and, after being there four or five minutes, I saw
Dunn come out of the prosecutor's door with a looking-glass on his shoulder—I followed him—he did not see me following him—he walked some way and then ran—I tried to catch hold of his arm, and he threw the glass on me—it fell on the ground, and was broken—I took the frame back to Leggatt's, and gave a description of the prisoners.
Cross-examined. Q. How long do you think all this occupied? A. Ten minutes or a quarter of an hour—in that time I saw both the prisoners twice—I saw Dunn go in and come out—I thought he went in—I saw Dunn come out about five minutes after I saw them coming down the buildings together—I went to my sister about a minute after I thought I saw Dunn go into the house—my sister had not come back when I followed Dunn—it was rather a foggy night, I believe—I saw Law come from the house, not out of it—I was about four yards off—he passed me—the court is three or four yards wide—I shuffled with my feet that the other should not come out, as I wanted the policeman to come first—I had been watching the prisoners for six or seven minutes then, as I thought all was not right—I did not make an alarm, as it might be Mr. Leggatt pulling his shutters to—I saw them closed, and soon after open again, and a head came out—the house is six or seven yards from the top of the buildings—it is not a thoroughfare—when Dunn passed me with the glass, his head was inside the wall—the glass being on his shoulder, I could not see his face—he got into Bunhill-row—I walked behind him—he began to run after I tried to stop him—I did not try to stop him before, because I did not see his face—I will swear he threw the looking-glass down on me—it was not thirteen yards from me, nor a yard—one Noon was taken on this charge, and dismissed—I never said I thought he was one of them—I did not see Law after Dunn came out—I saw him go away before.
ANN GROVE . I am single, and live at No. 3, Lamb's-buildings. On Saturday evening, the 10th of Feb., about five o'clock, I was cleaning Mrs. Leggatt's front parlour—the windowwas open—I saw the prisoner Dunn and Mike Noon come and stand opposite to the window, they seemed to look all over the room to see if there was anybody in it—they did not see me till I came up to the window—they then made some remark, and ran away.
Cross-examined. Q. This occupied a very short time? A. Yes.
ROBERT COLE (police-constable G 19.) I produce the looking-glass frame—I apprehended Law at a public-house, at twelve o'clock on the night of the robbery—he gave his address at Chequer-alley—I there found Dunn, and he gave his address there—they were living together there.
Cross-examined. Q. On your oath, did you not say at the station, if it was not Dunn, it was one very like him, for he had a dark coat on? A. I said nothing of the sort.
MR. HORRY called the following witnesses.
ROBERT PAGE . I live in Greville-street, Hatton-garden. I recollect a glass being broken at Lamb's-buildings—I do not know what night it was, nor whether it was thrown down—it might have come from the housetop—I am subpoenaed here, but do not know what for.
WILLIAM STOKES . I am a shoemaker, and live at No. 4, Chequer-alley. On Tuesday evening, the 13th of Feb., I was up stairs at work, and saw Dunn up in my room, about tea time, five o'clock, and in about half an hour he said he would go down to his work—he came up to my room again about Half-past nine, and stopped till half-past ten—he had been in the house all the time from five o'clock, for I heard him at work—he was singing all the evening—he generally sings when at work, and 1 heard him hammering—I do not say he kept up the singing the whole four hours.
MR. BALLANTINE. Q. Can you give us one of the songs? A. I did not notice particularly—he is a shoemaker—I did not notice whether it was all one tune—I do not say he sung for four hours—I have not stated my evidence to anybody before this, nor stated to anybody what I could prove—the father asked me to come here—I told him what I could prove—I made no statement to an attorney—I do not know a man named Spicer who sits in Court—I have had no communication with him—Dunn generally sung when at work—I cannot speak to Friday or Saturday—I made the observation about seven o'clock, "Dunn has not finished his work yet"—he had said he should go down and finish his two pairs—I do not know that he was singing then—I heard him hammering—for anything I know, he might be out from a quarter past seven to half-past nine.
CHARLES KINGATE . I am a shoemaker, and live at No. 4, Chequer-alley. On Tuesday evening, the 13th of Feb., I heard Dunn at work there—I did not see him—I was at work on the stone floor, and heard him hammering and singing in the evening, but particularly between six and seven o'clock—I am certain from a quarter to seven to a quarter to eight.
MR. BALLANTINE. Q. I dare say you know the time the looking-glass was dropped? A. No—about seven o'clock, a young man sitting in the room with me said, "What a particular voice that young man has got! he roars like a bull"—I remember his singing "The Ivy Green," between six and seven—the prisoner's wife came to me next day, and told me of this circumstance—she lives there with him—she did not tell me at what time he was charged with committing the robbery—I do not know when I heard the time—I do not know the time—I only know he was in the house all that night—I have heard him sing many times, and knew his voice—I had no watch or clock.
COURT. Q. A young woman applied to you next day, does she live with him? A. Yes—they pass as man and wife—I do not know where Law lived—I never saw him, and do not know him—I never saw him in Dunn's room—I live in the house.
ALICE BROOK . I live at No. 9, Green Arbour-court, and am a shoe-binder and a widow. I have seen Law several times up at Mr. Dunn's room—I saw him up there about twenty minutes past seven on the evening before he was taken into custody, sitting by the fire eating his supper—I work for Mr. Dunn, and went there for my work—Law had on a corderoy jacket.
COURT. Q. Did you hear either of them singing? A. No, they were very quiet—Mrs. Dunn sat on Law's right hand side—they were at supper—he had potatoes in his plate, but what meat I cannot say—I staid there till a quarter to eight—they were at work.
Q. Was the hammering going on? A. Mr. Dunn was at work up stain in his upper room—the prisoner Dunn's father I mean—I did not see the prisoner Dunn there at all—I am talking of the father's lodgings, not the son's—I do not know the name of the court—it is down Bunhill row—I believe it is Chequer-alley—I do not know the number—it was the prisoner's mother I saw, not his wife—I do not know where he or Law lived—I know the time by the clock where I lived, as I did not take above ten minutes to go there.
RICHARD DAVIS . I am a shoemaker, and live in Golden-lane. On the 13th of Feb. I saw Law up at Mr. Dunn's, my master's place, from half-past five till half-past ten—I do not know the name of the place—it is about three minutes' walk from Lamb's-buildings—he was in my company all that time.
MR. BALLANTINE. Q. DO you mean to swear that? A. I was up there at work, and he went away with me at half-past ten.
Q. Was he in your company from half-past fire till half-past ten? A. He was down stairs, I was up stairs—I went down three or four times, and saw him sitting by the fire every time I came down—I saw him eating about half-past seven o'clock, I do not know what—I went down next about nine—I went down four or five times to go backwards, as I was very ill.
----DUNN. I am the prisoner's father. On Tuesday night, the 13th of Feb., he was at work at No. 4, Chequer-alley—he does not live with me—I know he was at work there, because he brought three pairs of shoes home to me, which came to 2s.—I went that evening on purpose to see if he had done the work, about a quarter or ten minutes to seven—he told me it would not be done for half an hour or an hour, and they were brought to me about eight o'clock by his wife.
MR. BALLANTINE. Have you been in Court while all the witnesses have been examined? A. Not all—I did not pay attention to Brooks's evidence—there was no person with me that evening, she came to me with my son's work—she is a wife, or pretends to be—I have never been indicted—the witness Brooks only binds for me—she is not the person I mean by my son's wife—I do not know whether he is married—I live in Ebenezer-place—I cannot say how far that is from Chequer-alley—I have not been getting up this alibi nor treating or talking to the witnesses.
COURT. Q. Where does Law usually live? A. Usually with my son—Brooks lives in Green Arbour-court, not with them—Ellen Carr brought my son's work home—they call her my son's wife—she lived with him, not in the same room with Law—there are two rooms joining each other—when I went to go there Law was in my room, my wife, Mrs. Brooks, and the daughter—my wife and daughter are here—Law was eating his supper—he has no father and mother, and at times he takes his meals at my place—he does not work for me—he sometimes goes on errands—he was never out of my place from half-past five till Davis took him out at half-past ten, when they left off work—he was sitting at my fire all that time—I went to my son's about half-past seven, and returned before a quarter-past eight—I left Law in my room, and found him there—the prosecutor lives about 200 yards from my place—it would take about ten minutes to go there and return—my son was singing "The Ivy Green" when I got there—I was not in Court when a witness said he was singing "The Ivy Green."
Dunn. Cole knows the witness said at the station that I was not the man; the inspector said he did not know what to do about locking me up; he said, "If it was not him it was very much like him."
ROBERT COLE . When Small came to the station Dunn was standing up, and he identified him immediately—Dunn said, "Is that the coat I had on?"—he said, "I don't know about the coat, it was one like it."
DUNN— GUILTY .* Aged 23.— Transported for Ten Years.
LAW— GUILTY . Aged 21.— Confined One Year.
831. JOSEPH BROWN was indicted for breaking and entering the dwelling-house of Ann Nelson, at St. Botolph-without, Aldgate, and stealing there in 2 handkerchiefs, value 8s.; 2 penknives, 1s.; and three sovereigns; the property of Thomas Dove.
RICHARD EBENEZER ROWELL (City policeman.) On the 2nd of March, between eight and nine in the morning, the prisoner was given into my charge in Aldgate, High-street—I took him to the station, and found on him seventeen
shillings, three halfpence, and two penknives—I asked him his address, he said 81, High-street, Whitechapel, in the top room—I went there with Dove, the prosecutor, and in the top room I found this handkerchief on a chair—the landlady gave me another handkerchief—I afterwards went to a room in the Bull-inn-yard, and found two boxes, the locks of which appeared recently broken.
THOMAS DOVE . I am porter at the Bull-inn, kept by Ann Nelson, in the parish of St. Botolph, Aldgate—I occupy part of a sleeping-room in the inn-yard—I went up to that room about half-past five o'clock in the afternoon, the 29th of Feb., and locked the door after me—I did not go up again till ten minutes past ten o'clock to go to bed—I then found the door shut, but unlocked, my two boxes open, and things taken out—I ran down, and called the watchman from the kitchen—the waiter followed me up with a light—I found the boxes broken open, and lost among other things three sovereigns, two silk handkerchiefs, and two penknives—I gave the prisoner, who was porter to the Norwich coach, in charge—he was searched, and the two penknives found on him—they were mine—I went with the policeman to the prisoner's lodgings, and saw one of my handkerchiefs found—the landlady produced another—they had both been taken from my box.
Cross-examined by MR. BALLANTINE. Q. Had the prisoner been at work on the Friday? Q. I had not seen him—Francis had a key of the room.
(The prisoner received a good character.)
GUILTY . Aged 23.—Recommended to mercy.— Confined One Year.
CHARLES WILLIAMS . I am a cheesemonger, and live in Cumberland-street, Middlesex Hospital. On the 26th of Feb. I was alarmed, and missed a ham which hung inside my shop, near the door—I found it three or four doors off, lying down—I went on, and found the prisoner in a public-house in Charlotte-street—he said he did not steal the ham—I had not mentioned a ham—I took him to my shop, and there he said I might whack him or do any thing to him so long as I let him go—he was importunate to be forgiven, but I gave him in charge—the ham was brought back.
CHARLES TUCKER . I live in Cambridge-street. I was going home, and saw the prisoner running with the ham, changing it from hand to hand—he then dropped it—a girl called out, "Charles, a boy has stolen a ham"—I then ran after him into the public-house, and said he had stolen a ham—he said he had not.
GUILTY .† Aged 17.— Confined Three Months.
OLD COURT.—Thursday, March 7th, 1844.
Second Jury, before Edward Bullock, Esq.
833. ESTHER BORASTON was indicted for stealing, at St. Giles's-in-the-fields, 54 yards of linen cloth, value 3l. 10s.; 1 table-cloth, 10s.; and 1 quilt, 14s.; the goods of William Thomas Hester:—1 gown, value 1l.; 1 yard of cashmere, 1s.; 4 yards of orleans, 8s.; 1 shawl, 2s.; 5 yards of calico, 2s.; 2 pairs of stockings, 4s.; 1 pair of stays, 2s.; 1 pair of boots, 3s.; and 1 pair of shoes, 3s.; the goods of Eliza Hester, in the dwelling-house of Henry Manning:—also, for stealing 3 yards of calico, value 2s.; the goods of William Attwood; to which she pleaded
GUILTY . Aged 24.— Transported for Ten Years.
JANE BARTLETT . I am a widow, and live in Clerkenwell. On the 29th of Feb. I sent my child Rebecca out to play, with this cloak on—I saw her at three o'clock with it on—I saw no more of her till a quarter to six, when she was in company with the prisoner, and without her cloak.
ANN LILON . I am the wife of William Lilon. On the afternoon of the 29th of Feb., about a quarter to six, I saw the prisoner sitting on a step in St. John's-square with the child, without its cloak—I had seen her after three with it on, and I said, "Rebecca, where have you been?"—she made no answer—the prisoner said the cloak had been taken off by a girl in Smithfield.
MARY ANN TICKLING . I am the wife of Robert Tickling, a marine store-dealer. On the 29th, between four and five, the prisoner came with something under her shawl which looked like a child, but I did not see it—she produced this cloak, and asked 3d. for it, which I gave her.
(Property produced and sworn to.)
GUILTY of Stealing, but not from the person. Aged 19.— Confined Six Weeks.
835. HENRY BORRER was indicted for burglariously breaking and entering the dwelling-house of Samuel Wright, about ten in the night of the 22nd of Feb., with intent to steal, and stealing therein, 1 pair of boots, value 7s. 6d., his property.
PETER QUIN . I am apprenticed to Samuel Wright, a boot and shoe-maker, in Hoxton Old-town. On the 22nd of Feb., about ten o'clock in the evening, I was sitting at work in my master's shop—the door and window were shut—I heard a crack at the window, looked up, and saw the prisoner wiping the glass—he smashed it, put his hand through, and snatched the boots out of the window—I and Phillips ran out, and ran after him, hallooing "Stop thief"—he ran down Constable's-alley and got away—I swear he is the person—I have never seen the boots again—I had seen the prisoner at five o'clock, lounging about the window, and wiping the glass—I knew him before by sight.
WILLIAM PHILLIPS . I am journeyman to the prosecutor. About five o'clock in the evening of the 22nd of Feb., I was at work with Quin, and saw the prisoner looking in at the window—about seven o'clock I heard the window crack, looked up, and saw the prisoner there, but it was not broken then—between nine and ten I heard the window smashed, and the shoes taken out—I ran out, and ran after the prisoner—he went down the alley, and I lost sight of him—I have known him about Hoxton three or four months, and swear he is the person.
Prisoner's Defence. I never was there.
NOT GUILTY .
836. ROBERT JONES and FREDERICK MASON were indicted for feloniously breaking and entering the dwelling-house of Seth Smith, on the 17th of Feb., and stealing therein 3 paintings and frames, value 7l.; and 1 apron, 6d.; his goods; and that Mason had been before convicted of felony.
SETH SMITH . I am a carver and gilder, and live in Carey-street, Chancery-lane. I occupy the shop and a sleeping-room—Mr. Morrison is the owner of the house, and lives in it—on Saturday, the 17th of Feb., about half-past one or two o'clock, I locked my shop-door and hung the key up—I came back about three o'clock—I found my lad there—about two hours after I missed three paintings and frames and an apron, which were quite safe when I went out—this is one of them.
Cross-examined by MR. BALLANTINE. Q. Are you quite certain you turned the lock? A. Yes—I have a distinct recollection of it.
RALPH HART , picture-dealer, Brookes-court, Holborn. On Saturday, the 17th of Feb., about five o'clock, Mason came with this painting, and said, "I wish to dispose of it, but there are two others"—my brother asked where they were—he said, "At the Dials; will you go with me, and I will show them to you?"—my brother said he could not go then, but if he would leave the one, and fetch the other two, he would look at them—the prisoner then snatched up the painting and ran away—I ran after him—Jones joined him in Princes-street, and both ran together—we spoke to a policeman, and they were taken into custody—I had never seen them before.
THOMAS LILLY (police-constable F 33.) On Saturday evening, the 17th of Feb., I saw the prisoners running in Princes-street—Mason had this painting in his hand—I took him—Jones commenced running back again, and was stopped directly by Mr. Hart's brother—he then said to Mason, "What a fool you were to give 5s. for it; it has got us both into trouble."
MASON— GUILTY . Aged 18.— Transported for Seven Years.
JONES— NOT GUILTY .
Third Jury, before Mr. Recorder.
837. FRANCIS MURRAY was indicted for feloniously breaking and entering the dwelling-house of Peter Crocker, and stealing therein 2 chins ornaments, value 1s.; 2 glass jugs, 6s.; 2 pairs of ear-rings, 6s.; 1 breast-pin, 3s. 6d.; 2 pictures and frames, 5s.; and 1 pair of snuffers, 4d.; his property.
ANN HEMMINGS . I am servant to Peter Crocker, of Beal's-place, Northams-buildings, Somers-town, shoemaker. On Sunday, the 18th of Feb., master and mistress went out to chapel about six o'clock, leaving me in charge of the children, and nobody else in the house—about half-past seven, I went out with the children, and shut the door after me and tried it—I returned in ten minutes, and found it still shut—I went to the window-shutters, found
them partly open, and the window up—I had left it shut down—I called through the window, "Is that you, Mr. Crocker?" using my master's name—a voice answered "Yes"—I saw the street door open, three men come out and run away—the prisoner was the last who came out—I am certain of him—I called out "Stop thief," and he was brought back by a policeman, who said, "Go up stairs, and see if anything is lost"—I went up, but did not miss anything myself—my mistress's boxes were broken open, which I knew were locked when she went out—several articles were turned out on the floor—I fetched my mistress from chapel—I saw a salt-cellar and a pair of snuffers on the stairs, which had been in their proper place before I went out—there were several other articles on the sideboard in the first-floor front room which had been removed.
Cross-examined by MR. PAYNE. Q. You tried the door to see that it was fast? A. Yes, I went just round the house for a walk—I am sure I left the window quite shut down—I had been in the first floor room—I went into the parlour to put the shutters to—when I went out I did not fasten them, as I had not got the key of the street-door, and meant to get in at the window when I returned—the key was up stairs, and I could not get It—I am sure the window was shut down—I had never seen any of the men before—they came out very fast and went away—the policeman brought the prisoner back in less than five minutes—one was a dark man in a coat, with a chain round his neck, and his shirt had black studs, a brownish coat, and black waistcoat—the second had a tail coat, a black hat and trowsers—they ran in different directions—I was standing by the window—the children are nine and five years old.
MARTIN MCHALE (police-constable S 182.) I was on duty on the 18th of Feb., and at the end of Northern-buildings, I heard an alarm of "Stop thief"—I looked into the buildings, and saw the prisoner running, and crying "Stop him"—I took hold of him, and said, "I shall stop you"—I had seen nobody else running—he said, he did not want to go back, that was his way home—I said he should go back till I saw the cause of the alarm—I went to this house—I saw Hemming, and asked her if he was one of the men who had been there—she said, he was—I took him up stairs to search, and felt him take something out of his pocket on the stairs—I called for a light, and the salt-cellar and snuffers dropped out of his hand on the stairs—he denied having put them there, and gave his address, at Shoreditch, but no street—I saw two pictures taken up at the foot of the stairs—I did not see him take the salt-cellars out of his pocket, but felt him do it, as I held his hand and I heard them drop—he leaned against the wall—I am quite certain he took them from his pocket.
Cross-examined. Q. Is not this the first time you have mentioned about having hold of his hand? A. No—I held his left hand while he put his right into his pocket, and I expect he took the pictures from his pocket, but will swear to the snuffers and salts.
PETER TROTTER . My house is in the parish of St. Pancras. I went to chapel with my wife, leaving the children and servant in the house—she came to chapel, and gave the alarm—these snuffers and salt-cellar are mine, and were on the first floor sideboard—the salt-cellar had been used at dinner that day—I found the boxes broken open, and things turned out on the floor—I missed two china dogs, two jugs, two pairs of gold ear-rings, and a gold pin, entirely from the house—these pictures are mine, and hung on the wall in the room when I went out.
Cross-examined. Q. What time were you fetched? A. About five minutes to eight o'clock—the key of the street door hung on a nail by the side of the fire-place.
ANN HEMMINGS re-examined. There is no lamp or light in Beale's-place—it was a light night—I saw the prisoner's face—he was brought back within three minutes—there was a light then—the first floor door was broken open, for I had locked it, and taken the key with me—I am quite confident he is one of the men.
CHARLES ANDREWS . I was present in Feb., 1841, when the prisoner was convicted in the New Court—I produce a certificate of his conviction, which I got from Mr. Clark's office—(read)—I am sure he is the man—I had taken him into custody.
GUILTY . Aged 22.— Transported for Ten Years.
838. ADAM HAY, alias Jones , was indicted for burglariously breaking and entering the dwelling-house of Thomas William Gagen, on the night of the 12th of Feb., at All Saints, Poplar, with intent to steal, and stealing therein, 1 leather head-stall, value 2s., his goods.
THOMAS WILLIAM GAGEN . I live at No. 270, High-street, Poplar, in the parish of All Saints, and am a saddler. On the 13th of Feb., about two o'clock in the morning, I was called up by the policeman, and found two of my shop shutters taken down, and a square of glass broken—I had some head-stalls in the window, but did not miss any—the property in the window did not appear disturbed—they hung as they had overnight, I believe.
REUBEN WEBB (police-constable K 171.) On the morning of the 13th of Feb. I was coming down High-street, Poplar, and near the prosecutor's house I heard a noise of glass breaking, and a sort of rumbling noise—there were three wagons laden with meat drawn up there—I went under the body of the wagons, and saw two men standing against the door of the White Horse public-house, and the prisoner on the rails in front of the prosecutor's shop window, which are about two feet high—he jumped off the rails, and ran up North-street—the other two ran up the same street before him—I followed the prisoner, and kept in step with him, and sprang my rattle—another constable, who had kept on the other side of the horses, was closer to him, and secured him—I knew him before by sight, and am confident he is the man—he was not out of my sight—I found the iron bar which goes along the shop shutters lifted up at the two iron rests—two shutters were down, and a square of glass broken—I knocked the prosecutor up—Hart brought the prisoner to the shop, and he said, "It was not me broke the glass, it was my two mates; but here, I will pay for the glass"—I said, "No, we don't do business in that way"—I took him to the station, and searched him—he had nothing but a knife—he had no money to pay with.
Prisoner. It was quite dark and foggy; I was not on the rails at all; I stopped directly I was called to.
ROBERT HART (police-constable K 81.) I heard the glass rattle at the shop window—I ran up North-street, and the prisoner was stopped in the East India-road by Bushnell—I brought him back to the shop—he said it was not him but his two mates broke the glass.
CHARLES BUSHNELL (policeman.) I was on duty in North-street, Poplar, about half-past one, and heard a rattle spring—I saw the prisoner running, and stopped him—he fell down, and said He was drunk, but he was not—he had been drinking, but ran fast enough.
JOHN SMITH (policeman.) I came up on hearing the alarm, and found this headstall a short distance from the prosecutor's window, within six yards of it, in a dark corner, directly in the way the prisoner went—it is not on my beat.
MR. GAGEN re-examined. I had some headstalls like this in my shop—I
bought six of this quality on the 20th of July, 1842—I found four in my window, and find I have sold two since that, but I do not know how many I had previous, nor whether there were four or five in the window—there is a saddler lives half a mile from me—this headstall does not appear to have been used—it has no private mark—it is in all respects like the other four.
ROBERT HART re-examined. I was on the best that night, and did not see this headstall when I passed half an hour before—if it had been there I think I must have seen it—it was found in the direction the prisoner went.
MR. GAGEN re-examined. The shutters are secured with a bar across, and a bolt and key—the two shutters were forced out—the headstalls were within reach of a hand—it required force to get the shutters down—they could not have slipped off the ledge.
Prisoner's Defence. I was not near the place; I had been at a raffle that night.
GUILTY . Aged 20.— Confined One Year.
JOSEPH MARMS . I am a rope-maker, and live in Martha-street, St. George's in the East. On the 21st of Feb., about eight o'clock in the evening, I was sitting down in the kitchen, and heard a step on the grating, the front parlour shutters open, and the window thrown up—I had put the shutters to as I came in from work, but did not fasten them—the window was shut down, but not fastened—I ran up stairs, opened the street door, and the prisoner was in the act of rolling something up in his arms—I called "Halloo"—he directly ran off—I followed, calling "Stop thief"—he directly threw something down in Spencer-street—I still followed, and did not take my eye off him till he was taken—Frederick Ckarmson, my father-in-law, keeps the house—this table-cloth and bed-gown belong to my mother, and was on the front parlour table, a quarter of a yard from the window—he could reach them with his arm.
Cross-examined by MR. PAYNE. Q. How long were you getting out? A. Not a minute—I got round the corner as quick as I could, and as quick as him—I was about two feet from him.
MARY CKARMSON . I am the wife of Frederick Ckarmson. This is my bed-gown and table-cover—I was in the back kitchen when my son went up—I found the parlour window about a quarter of a yard up—these things had been directly under the window.
MARK BAREINGTON . I am a warrant officer in the Navy, and live in Spencer-street, the next street to Martha-street. On the 21st of Feb. I heard a cry of "Stop thief" and heard Marms running, and heard a step before him—I went out, and found these things at my door—I took them to the station.
----DOIGLAS (police-constable K 279.) I heard the cry of "Stop thief," and saw the prisoner running in Spencer-street, and Marms in pursuit—I placed myself in a dark recess—he came up, and I stopped him, and said, "Well, old acquaintance, is it you? I have not seen you these eight years"—Marms had come up immediately.
Cross-examined. Q. Did not Marms say, "He has been trying our window?" A. Yes—I only found a knife on him—he appeared faint—I found his family were in great distress, one child dying—he was so faint the Magistrate allowed him refreshment at the office.
(The prisoner received a good character.)
GUILTY . Aged 45.—Recommended to mercy.— Confined Seven Days.
OLD COURT.—Friday, March 8th, 1844.
First Jury, before Edward Bullock, Esq.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 48.— Confined Fourteen Days.
MR. O'BRIEN conducted the Prosecution.
JOHN WARLOW linen-draper, No. 147, Fleet-street. On the 23rd of Dec. the prisoner came to our shop, and said she had a commission to make purchases for wedding presents, and requested me to show her several articles—I do not feel quite certain how she was dressed—she had a cloak on—I showed her a quantity of goods—I recollect showing her a piece of satin on a flat—I was called away while showing her the goods—she did not complete the purchase—when I returned from the other end of the shop she said her time was gone, she could stay no longer, but would call again—she gave the name of Parker, No. 151, Charing-cross—(I afterwards ascertained there was no such name or number)—in consequence of what occurred in my own mind, about half an hour after she was gone, I searched and missed sixteen yards of black satin—I am quite sure no one but the prisoner had an opportunity of taking it—she was looking at it, and selected a fellow to it—she never came again—I saw her next at the Police-office, about a fortnight after—I went there to identify her—I have no doubt of her—she was in the shop three hours at least—she came about three o'clock—other persons came into the shop, but not to that counter—our trade is select—we do not keep small articles, and have but few customers—I have two partners.
HARRIET MANNING , dress-maker, Albemarle-street, Clerkenwell. I have known the prisoner about five months—she lived in the same house with me—about three months ago I made her a de-laine dress—she desired me to make a large sized pocket, and showed me the length of the one she had on—it was an unusually large one—I had never seen one so large before.
JOSEPH CORBYN WELLS . On the 23rd of Dec. last, I recollect seeing the prisoner in the shop during Mr. Warlow's absence—I am sure no one but the prisoner had an opportunity of taking anything—I was there the whole time and assisted Mr. Warlow in the subsequent examination—the prisoner was there between three and four hours—during the early part, there were other persons in the shop, but no one but her went to that counter.
GUILTY . Aged 22.— Confined Twelve Months.
(There were two other indictments against the prisoner.)
Before Mr. Justice Patteson.
843. ALFRED BEVIS, JAMES BEVIS , and JOSEPH MURRAY , were indicted for feloniously assaulting Nathaniel Neville, and cutting and wounding him on the head, with intent to murder him.—2nd COUNT, stating their intent to be to disable him.—3rd COUNT, to do him some grievous bodily harm.—4th COUNT, with intent to resist and prevent their lawful apprehension and detainer.
MR. WILKINES conducted the Prosecution.
a carpenter—he goes out at six o'clock—on the morning of the 7th of Feb. I was lying in bed and heard Ball go out—the clock had struck six—my wife said something to me, and I heard somebody try to open the lock of the private door up the gateway—I got out of bed, went down stairs, bolted the top bolt, and returned to my bed—shortly after I heard the moving of a chair in the shop—I jumped out of bed, and went down with a candle in my left hand into the shop—there is a little projection in the shop—as soon as I got past that, I saw Alfred Bevis, Joseph Murray, and, I believe, James Bevis, standing in the shop facing me—I had known Alfred Bevis before—he has a sister living in my house—I said, "In the name of God, what are you doing here?"—Murray directly put his hand into his side pocket, and drew out something short and black, about fourteen inches long—he struck the candlestick out of my hand with it, then turned the thing round and gave me a blow on this side of my head—the candle laid on the floor, and burnt for half a minute—I then took Alfred Bevis and the other person by the collar, held them out at arm's length, and drew them back as far as I could into the passage—they had hats on—as soon as I got through the little door in the passage, I knocked their hats off into a dark corner against the cellar door, and then Murray came up to me, and gave me another blow with the same instrument on the top of the head, which filled the handkerchief I bad on full of blood—I put my hand up, twisted the instrument out of his hand, and kept it in my own—I laid it on the table in the kitchen, and one of the officers took it to the police-station—this now produced is it—it is a life-preserver—my head bled very much indeed—there was blood all over me—as soon as this was done I took hold of Murray by the arms, and pushed him up in the corner along with the other two men, then ran up stairs the best way I could, and called "Murder!" out of the first floor window—it was between light and dark—I could not distinguish people exactly in the street—it was getting towards dawn—I went down again into the kitchen—the policeman came in a minute or two afterwards—the prisoners had gone out of the front door, and left it open—five pairs of boots and four pairs of shoes were removed from the shop window on to a bench at which my son cuts out—I have been attended ever since, almost every day, by Mr. Walker—one of the inspectors took the hats from my house, with the instrument—when I went up and called "Murder!" out of the window, I did not see either of the prisoners—I did not see them go out, because our lead is too wide—when they were gone I found the private door unbolted, and the front door open.
Cross-examined by MR. BALLANTINE. Q. You had known Alfred Bevis before? A. Yes, and James likewise, by their coming to see their sister, who was living in my house for two years—she is married to Ball—I think I saw James Bevis next on the next day, Thursday, to the best of my re-collection—he came and asked how I was—I never gave him into custody—I think he was taken into custody eight or ten days after—I saw him twice in the interval, but I was ill in bed at the time—I recollect his coming to see the two hats—he pointed out one as being, he believed, his brother Alfred's—he said he gave him the hat—this produced is the same hat which he recognized.
Cross-examined by MR. WILDE. Q. You never saw Murray before? A. Not to my knowledge—the clock had struck six when Mr. Ball went away—I had nothing on but ray shirt, and a handkerchief round my head when I was in the shop—I burn a rushlight in the bed-room—I did not bring that down—I lit a candle from it—it was not a very small one, what you call middling eights—after I went down, I do not think it was more than a minute, it might
have been less, before the candle was knocked out of my hand—the shutters were not open—there is a fan-light over the door—my time to get up is seven o'clock—the shutters were shut, and the only light was from the fan-light over the door—there was not much light came in from there—the fan-light was not dirty, it had been cleaned about a week before—the only opportunity I had of seeing the persons in the shop was the minute previous to the candle being knocked out of my hand, but I knew Murray the moment I saw him again—I gave a descripton of him after the 7th of Feb. to the policeman Redman, and to one or two others—I next saw Murray on the Sunday morning, about nine o'clock, the 18th, I think—the officers brought him there, Redman and two others—I do not remember what they said to me when they came—they said they had taken him, and brought him there to see if I could identify him—I saw the boots in a quarter of an hoar after this occurred—I went into a shop with my bead bleeding, after putting a cloth round my head steeped in vinegar—the boots were moved out of the window on to the counter—I saw that the very next thing after the prisoners had gone put—I believe it was before the policeman came, but I was in such a state I cannot say—Mr. Ball had gone out at the other door—they picked the lock—Ball left it on the latch—it is a patent latch, which I bought in St. Paul's Churchyard—Ball had a key.
MR. WILKINS. Q. James Bevis came to inquire after your health next day? A. Yes—I told him I was very ill—I am not so sure about James as the others, because I took such particular notice of the others in order to know him again—I fancied I knew James's face, and it slipped from my memory somehow, so that I cannot swear to him, but I looked particularly at Murray, being a stranger, as I wished to know him again, having given me these wounds on the head.
WILLIAM WALKER , surgeon, St. John-street, Smithfield. On the morning of the 7th of Feb. I was called to see the prosecutor—I found him very exhausted from loss of blood and the violence he had received—he had two wounds on his head which had penetrated to the skull—this would be an instrument in my opinion to produce such wounds—I was apprehensive of erysepelas, such a wound would be likely to produce it—the wounds are closed now, or nearly so—he appears to be labouring under great mental anxiety, produced no doubt by the violence he has received—the violence must have been great to produce the wounds.
Cross-examined by MR. BALLANTINE. Q. Are you married to Bevis's sister? A. Yes, James Bevis lives in Duke-street, Stamford-street, Black-friars—I heard of this about nine o'clock on the Wednesday morning—the prosecutor was lying in bed when I came home to dinner—he did not say any thing to me about James Bevis at that time—James Bevis was at my house when I came home to tea at six o'clock that evening—he accompanied me, at my request, to the station, to see the hats—I did not know either of the hats myself—he said he thought one of them was his brother's.
MR. WILKINS. Q. How came you to ask James to accompany you? A. Becanse I thought he might know the hat more than I did myself—he was in the habit of wearing a hat himself—he had on a silk hat when he went to the station, to the best of my recollection—it was the hat he was in the habit of wearing—I never saw him in any other.
I was at the next door to Mr. Neville's, serving a customer—while at the-door I saw James Bevis—I did not know him before—I saw him as plainly as I see you—it was not daylight—I should think I was within half a dozen yards of him—he came from behind—I cannot say positively where he came from—I saw a man come out of the gate, and he accompanied him—they walked towards the bottom of the street, away from Mr. Neville's—two persons joined them within 100 or 110 yards of the place—there were then four persons altogether—Murray was one of them, and, to the best of my belief, Alfred Bevis was another—James Bevis was in my sight, I should say, five minutes good—his face was towards me, walking down the street—I was going down the street at the same time—I turned round three or four times to look at him—I gave information the same morning to sergeant Gray.
Cross-examined by MR. BALLANTINE. Q. Where did you see the person you call James next? A. At the police-court, on a Friday night, not the Friday after the transaction, but the next Friday night—it was in the police-office, before the superintendant—he was just brought in—I was not brought there to see him, but to see if I could identify the prisoner Alfred—I saw him as well—I could not swear positively to him—before this I had given the prosecutor a description of James as near at I could recollect, he was dressed in a brown coat and a hat.
Cross-examined by MR. WILDE. Q. The person you say was James was, about six yards from you when you first saw him? A. Yes—I saw him join three other persons about five minutes after—during that five minutes he was walking down the street to meet them—part of that time I was walking on—he was still about six yards from me when he joined the others—I had stopped to serve my customers—I had moved six or eight additional yards from him at the time the four met together—they followed me as I went down the street—the other two came in the opposite direction—they were not further from me after the five minutes—I was drawing some milk into cans for two or three customers round there—I was standing still to do that—Murray was not more than ten yards from me when I first saw him—I had never seen him before—it is getting pretty light about six o'clock, now—it was not light at six on the 7th of Feb.—I could see the men from the reflection of the gas-light—I saw Murray plain enough to distinguish him again—I next saw him on the second Sunday after, to the best of my recollection, but I cannot be positive—he was then in custody—no, it was not on the Sunday, it was on the Monday, going into the police-court—he was taken on the Sunday, and I saw him on Monday morning—he was in custody of a police-officer going into the police-court—it was then that I said I knew him to be one of the persons I saw on the 7th of Feb.—nobody took me or told me to go to the police-court—I had heard he was taken, and thought I would go and see, as I had nothing particular to do that day.
Alfred Bevis. Q. Did you not say at the station that you could not identify me? A. I have not sworn positively to you—I was not nudged on the elbow by young Mr. Neville, nor did he whisper in my ear, "Yes, that is the man, you can swear to him"—I said you were dressed differently.
MR. WILKINS. Q. You do not speak positively to him now? A. No—to the best of my belief he is the man—the man I took to be James had a hat on—they all had hats on.
FRANCIS PEACOCK , porter, St. John-street. On the morning of the 7th of Feb. I heard some cries from Mr. Neville's house—it was a faint cry—it seemed like "Murder"—about half a minute before that I saw three men run by—one ran off the pavement—I cannot speak exactly to him, but I saw Murray and Alfred Bevis running with no hats on.
Cross-examined by MR. WILDE. Q. Had you ever seen Murray before? A. Not that I can say—I did not know him—I had a full view of his face for a second or two—he ran fast—he had his mouth wide open, gasping for breath, and the other one was shoving him up behind by the collar of the coat—I did not ask them what made them in such a hurry—I said to my mate, "They are running to see which can get home first," but as soon as I heard the cry I said, "They are the thieves"—I did not go after them, because they had run round the corner—all three were without hats.
Alfred Bevis. Q. What did you say to the policeman when I was brought out of the cell on Saturday morning? A. I said, "That is the man, if I ever saw the man in my life"—I said I could not say it was James, but I spoke to you—I said before the Magistrate I could not swear to your brother—I said one had like a butcher's smock frock on, I did not notice their dress, only their faces—I cannot say you were dressed as you are now—I did not say so at my last examination, I am sure—this is my signature—(the witness's deposition being read, did not mention Murray's dress.)
MR. WILKINS. Q. Did he continue to run towards you? A. Yes, with his face towards me—I had my eye on him the whole time—when I heard the cry they were out of sight round the corner.
WILLIAM BARTON (police-inspector G.) On the morning of the 7th of Feb. I was called to Mr. Neville's—I found him bleeding very much from the head—I received two hats there, which I have here—after Alfred Bevis was in custody one of them was shown to him—he said it was his hat, but he had sold it to a Jew on the Tuesday previous to the felony being committed, which was the day before.
HENRY REDMAN (police-constable G 224.) On Friday, the 16th of Feb., I took Alfred Bevis into custody at a public-house in Westminster—I told him he must consider himself in my custody for being concerned in a burglary at Mr. Neville's, in St. John-street—he said, "Oh, that is it, is it?"—I was present at the station when he stated the hat had been his—on the day after I took Alfred into custody at Mr. Neville's, he and James were shown to Mr. Neville—he identified Alfred, and said he thought James was the other—on coming away from Mr. Neville's, Alfred stated that Mr. Neville was wrong I in respect of his brother, he said, "He was not there, but I was, and I was the first the old gentleman collared"—at the police-court he said, "I never struck Mr. Neville, my brother was not there; it was Joseph Murray, that goes by the name of Bevis, that struck Mr. Neville; he found the keys, he found the life-preserver, and if you find him you will find plenty of housebreaking instruments and another life-preserver"—in consequence of information, on the 18th I went to No. 19, Wych-street, Strand—I found Murray there in the second floor front-room in bed with a female—I told him the charge—he said, "Oh, that is all"—as I was taking him to the station he asked me if the other parties were in custody—I told him two—he said, "What names did they give?"—I said one gave the name of Wilson, but his name was Bevis—he said, "Has any of them turned King's evidence?"—I said I did not know—he said, "There are a d—d set of rascals in the world, and I must get out of it the best way I can"—in his trowsers pocket I found a skeleton key—I saw another constable find another life-preserver and a bunch of keys in his coat pocket, they are nearly all skeleton keys, and pick-locks, with files, and crow-bars—they were all found in his coat pocket but this knife, which would serve for a stock of a small gimlet or any thing, so as to be used as a handle—all these instruments are used for the purpose of house-breaking—at first he said, turning round to the female, "The coat is not mine"—she made no answer—it was the coat he has on now.
Cross-examined by MR. WILDE. Q. What sort of a place is this in Wych-street? A. A very respectable house—there are some lodgers, but all hard-working people, and the woman who owns the house is a very respectable I woman, a stay-maker—I am not aware that the house is a brothel—the female I took the room, and represented herself as Mrs. Jessop, and that her husband I was a compositor, and referred to a coffee-shop kept by a person named Lemon, which is the resort of thieves and bad characters—I have ascertained that it is not a house of ill-fame—I went over the rooms—most of them were bed-rooms—there was no separate parlour that I saw—it had not the appearance of a brothel at all—when I took this coat Murray said it was not his—I had said nothing to him to produce the conversation—I had told him nothing of the circumstances.
MR. WILKINS. Q. How does it happen that he has that coat on now? A. He took it, and said, "I may as well put it on."
Alfred Bevis. Q. Was not my observation that my brother was innocent, but that I was a guilty party? A. Yes, and that Mr. Neville collared you first.
Alfred Bevis's Defence. I did go the house, not with the intention of assaulting or injuring Mr. Neville, but of stealing some boots and shoes; I plead guilty to the assault.
ALFRED BEVIS— GUILTY . Aged 22.
MURRAY— GUILTY . Aged 22.
On the 3rd Count.
JAMES BEVIS— NOT GUILTY
844. ALFRED BEVIS, JAMES BEVIS , and JOSEPH MURRAY , were again indicted for breaking and entering the dwelling-house of Nathaniel Neville, and stealing therein, 5 pairs of boots and 4 pairs of shoes, value 1l., his goods; and that Murray had been before convicted of felony; to which
ALFRED BEVIS pleaded GUILTY . Aged 22.— Transported for Ten Years.
(The same evidence was given as in the former case.)
MURRAY— GUILTY . Aged 22.— Transported for Life.
JAMES BEVIS— NOT GUILTY .
Fourth Jury, before Mr. Recorder.
845. MARIA NEALE was indicted for stealing, on the 4th of Feb., at St. John, at Hackney, 29 pairs of stockings, value 5l. 14s.; 370 yards of ribbon, 8l. 9s.; 37 pairs of gloves, 3l. 13s.; 22 handkerchiefs, 2l. 13s.; 21 yards of velvet, 2l. 14s.; 25 yards of lace, 1l. 17s. 6d.; 16 yards of merino, 2l. 12s.; 18 waist-bands, 1l. 5s.; 10 3/4 yards of satinette, 2l.; 9 yards of silk, 2l. 8d.; and 10 handkerchiefs, 1l. 2s. 6d.; the goods of William Green, her master, in his dwelling-house: also, for stealing, on the 1st of March, 4 yards of gimp, 8d., the goods of William Green, her master; to both of which she pleaded
GUILTY .—The Prosecutor recommended her to mercy; and Thomas Smith, linen draper, St. Paul's Churchyard, deposed to her previous good character.— Judgment Respited.
846. JOHN CONDEY was indicted for burglariously breaking and entering the dwelling-house of George Edward Jones, on the night of the 1st of March, at St. Dunstan, Stebonheath, alias Stepney, with intent to steal, and stealing therein, 97 cigars, value 9s., his goods.
MR. PAYNE conducted the Prosecution.
GEORGE EDWARD JONES . I am a tobacconist, and live at No. 8, Wentworth-place, Mile-end-road. On Friday, 1st March, I went out in my chaise with Mr. Oldmeadow—I returned home about half-past nine o'clock in the evening—I am sure it was past nine—I went in doors—I observed that the window was not broken at that time—about a quarter past ten I was called out—I went out, and crossed the road, through Assembly-place—I saw the prisoner there with Oldmeadow—I assisted him in picking up some cigars—this band was also found at the place, which I can swear to having put on the cigars in my shop—the cigars exactly correspond with those I lost—about a quarter of an hour after, I examined my shop window, and found a third of the square broken out, which was space sufficient for a hand to be put in, and the bundles taken out—I missed a bundle of cigars from the window, and a great number of bundles had rolled close to the opening, and would have rolled through had it not been blocked up with boxes.
Prisoner. Q. When you came across the road, the policeman asked if you had seen your window, and you said you had, and it was broken? A. Yes—I observed that it was broken as I came past the shop, when I was called out, but did not examine it till afterwards—I then found the putty bored in fifteen places with a nail or bradawl—the glass was cracked between the putty and the frame—I frequently tie up my bundles, having so many broken—in fact, I have now got twenty or thirty pounds of loose cigars—I swear to the band—it was picked up about a quarter of an hour after the cigars, after you were taken to the station—the place was rather muddy—there was a puddle—some of the cigars were dirty, and some not—it was not dirty in parts.
JAMES CHARLES OLDMEADOW . I am an artist. I went out with Mr. Jones in his gig on the 1st of March—we returned about half-past nine o'clock—he went in doors, and I took the chaise to the stable—about ten minutes or a quarter past ten, as I was crossing the road, returning to the shop, I saw the prisoner at the window, going from one end of it to the other, in a stooping position—he did not see me—I went towards the window—one shutter was put up, and the man was coming down with another to put up—I saw the prisoner run away from the window—I followed him across the road, laid my hand on him, and said, "What did you do against that shop window just now?"—he said, "What?"—I said, "What did you do at that shop window?"—he walked about three yards, till we got by Assembly-passage, when he struck me under the chin, and said, "What the h—is that to you?"—I staggered back a little, and he ran down a passage as hard as he could—I followed, crying, "Stop thief"—while following him, I saw him hurl something from him up against a dark corner—it struck against the wall, and something rattled about—I did not know at the time what it was—I continued chasing him, hallooing, "Stop thief"—a boy was also running, hallooing too—when he got to the end of the passage he made a little bit of a shoot to the corner, and then came walking gently back—I never lost sight of him—I was close to him—a policeman ran from the other side of the way, and took him into custody—he was brought back, in my presence, to the spot where I had seen him hurl something against the wall—the policeman lent me his lantern—I looked on the ground, and saw some cigars lying all around—I picked some up—Mr. Jones came up, and also picked up some—after we returned from the station, I saw this band picked up, about a yard and a half from the corner, opposite where the things had struck against—the passage is not very wide—I have been by the place since, and find it is a dark corner, where there are two or three coach-houses.
Prisoner. Q. When you came over to me, did you see me with any bulk or cigars? A. No, you had an umbrella in your hand—I did not see where you took the cigars from when you threw them—the umbrella was unfastened, you might have had them in that—it was done very quickly—I am positive I saw you throw them—when you got to the bottom of the passage you turned to the right—I did not tell the Magistrate that you never turned at all—the signature to this deposition is mine—it was read over to me before I signed it—(The witness's deposition being read, did not contain such a statement) I said that you got to the turning, but not that you turned.
JOSEPH EDWARDS . I am errand-boy to Mr. Stapleton, a tinman, in Mile-end-road. About a quarter past ten o'clock, on the night of the 1st of March, I was walking in Assembly-passage, and saw the prisoner running down the passage, and Oldmeadow after him—I saw the prisoner throw the cigars out of his hand—they struck against the wall—I ran after him, hallooing "Stop thief"—I saw him stopped, and am certain he is the person who threw the things against the wall.
Prisoner. He said before the Magistrate he could not see my face. Witness. I did not see his face as he was a little a-head of me, but I was out of the passage as soon as he was—I never lost sight of him—he had an umbrella in his hand.
ROBERT EDWARDS (police-constable K 311.) I was in Redman's-row on the night in question, and heard a cry of "Stop thief" in Assembly-passage—I saw the prisoner run out of Assembly-passage into Redman's-row close by me—he directly turned back again at a slow pace, and I came up—he was closely pursued by Oldmeadow and Edwards—they were out of the passage nearly as soon as the prisoner—he stopped—I crossed the road and took him at Oldraeadow's request, who said he had stolen some cigars and thrown them away—when we got back to a spot pointed out by Oldmeadow, we found some cigars on the ground—the prisoner said it was quite a mistake altogether—as Oldmeadow was picking up the cigars, the prisoner said, "Take me a way; what are you keeping me here for?"—I took him to the station—I was present when the band was found—it was very close to where the cigars were picked up—I produce 97 cigars—I examined the shop-window—it was pierced at the bottom and sides, and the patty removed by a bradawl or something, so as to star the window—a piece was taken out quite sufficient for anybody to take out the cigars—the prosecutor's house is in the parish of St. Dunstan, Stebonheath, otherwise Stepney.
Prisoner. Q. Did not you pass me, and did not Edwards whistle, or something of that kind, and say, "This is him?" A. He said, "This is him." after you stopped—I was running past you—I did not see you till you came out of the passage.
JURY. Q. What was the state of the ground where yon picked up the cigars? There was a small puddle, but the other portion of the ground was dry—some cigars laid on the mud, and some were dry—I have had them and the band ever since.
GEORGE EDWARD JONES re-examined. I have several yards of this banding, and am positive this is my tie—I have a particular way of tying them—I had 40 bundles of cigars in my window—I counted them on Friday morning about twelve o'clock—I left my wife in care of the shop till I returned, with an errand-boy—customers and friends may have called, but they do not go behind the counter, and I have a glass-case at the back—it is not likely that my wife would take out a bundle to sell any, as I had a great many loose.
GUILTY . Aged 22.—Recommended to mercy.— Confined Six Months.
847. HENRY HALL and JOHN MUGGERIDGE were indicted for breaking and entering the warehouse of William Woollams and others, on the 25th of Feb., at St. Marylebone, and stealing therein, 1 corkscrew, value 1s.; 1 rule, 1s.; 1 half-pint of port wine, 3s.; and 5 shillings, their property; to which
HALL pleaded GUILTY . Aged 18, and received a good character.
Confined Six Months.
WILLIAM CAPLE . I live in Little Chesterfield-street, Marylebone, and am porter to Messrs. Woollams. On Sunday, the 25th of Feb., I was in High-st., and noticed the blinds of the show-room of the manufactory were unlatched at the top—I crossed the road, and found a square of glass broken—I went to Mr. William Woollams's private residence, for the key, and when I returned a policeman was waiting there—we went in together—I put the blind right again, and on looking over the warehouse I found two desks broken open, and the sitting-room door broken open—Hall was found down-stairs in the print-room.
HENRY WOOLLAMS . I am in partnership with William and Thomas Woollams, as paper-stainers; our manufactory is at No. 110, High-street, St. Marylebone; nobody sleeps on the premises. I was sent for there on Sunday, the 25th of Feb.—I found Caple and a policeman there—I went into the rolling up shop—I found a square of glass taken off the window of the door—I found some moist sugar thrown about that room, some wine, and a lemon—the lock was forced off the door of that room, and the cupboard broken open—I found an empty port wine bottle, and one of sherry—I went into the warehouse, and found two desks broken open and in disorder—I have since missed a rule and corkscrew—I found a pane of glass taken out of the front area window on the basement story—the space was large enough to admit a man into the front kitchen—the area door was unbolted and unlocked—I had left the premises safe at nine o'clock the evening before—they are large premises—three hours after the first search I and Caple went into the print-room—I there found Hall concealed—I secured him—he had been in our employ five years—I missed a rule, a corkscrew, part of a bottle of sherry, part of one of port, a glazier's diamond, and several trifling articles—part of a bottle of wine had been taken from the cellar, and was left in the warehouse—I missed 5s. or 6s. from the desk.
SOLOMON HANNAH (police-constable D 8.) I noticed panes of glass taken out of different parts of these premises—the staple of the lock of a glass door was forced, and two desks broken—I found Hall on the premises, and at I was searching him he took from his pocket a half-crown, two shillings, and four sixpences—he said, "The half-crown and sixpence is mine, and is part of my wages, but the two shillings is the property of my master; it is what the other gave me as part of the 5s. he took from the desk."
MARY ANN CHAPEL FORD . I am the wife of Robert Ford, of High-street, Marylebone. On Sunday morning, the 25th of Feb., about eight or half-past, I heard a noise of glass breaking—I noticed the window-blind in the house, and the pane of glass—soon afterwards I saw a boy walk up the area steps—he got over the gate, and walked away—Muggeridge has every appearance of that person—I described his dress—I was not close enough to discern his face exactly—I can swear to him by his dress—he had on a cap and a round fustian jacket, and his complexion and size is the same—I have not the least doubt he is the person—I did not see him inside the house.
THOMAS HARRISON (police-sergeant D 14.) I went to a coffee-shop in Bird-street, about three o'clock on the Tuesday morning after the 25th of Feb.—I found Muggeridge there—I called him out, and asked what his name was—he
said Simmonds, and that he lived at No. 3, Exmouth-street, City-road—I asked where he had been on Saturday night—he said he was at home—I asked what time he went home—he said about half-past one—I said, "I suspect you are concerned with another man in committing a robbery in High-street"—I took him to the station, and found on him this corkscrew and a duplicate of a rule pledged for 6d.—I asked how he came by the corkscrew—he said it was his own.
HENEY WOOLLAMS re-examined. Muggeridge lived in my employ about four or five years ago—I know this corkscrew by the polish and rust on it—this rule I know; I used it a few days before the robbery, and it was very rickety, by which I know it—I believe the two prisoners worked together in my manufactory, and knew each other.
GEORGE ROGERS (police-constable D 71.) On the Tuesday after the 25th of Feb., I was at the Marylebone station, going to lock Muggeridge up—he said, "You know me and my father; the fact is—"—I said, "I have-nothing to do with this case, therefore say nothing to criminate yourself"—as I was taking him down to the cell he said, "I met Hall" (I believe he said Hall, but I would not ask him a second time) "in High-street, and he told me he was going to do so and so;" (he did not tell me what, and I did not ask him;) "he told me to go and stop in Cats-alley; I went and stopped in Cats-alley a little while; he came and called me; I went into High-street, and stopped opposite Mr. Woollams's area railing; he said, 'Get over here;' I said,'Oh, no;' he said, 'By G—, if you don't, I will run this knife into you;' I did not know what to do; I could not see any policeman anywhere, or else I would have given him in charge; I then got over, and got into the window; he told me to break the desk open; I did so; he gave me a corkscrew, but I know nothing about the wine."
Muggeridge. One constable brought me a pipe, and this constable brought me a pint of beer; when I drank it made me stupid, and I was obliged to lie down; he came down in about half an hour, and asked what I had to say; what he says now I know nothing about. Witness. I gave him some water, but no beer—allowed—this was at three o'clock in the morning, and no beer was to be got—I never spoke to him after locking him up.
CHARLES HEWITT , coffee-house keeper, Bird-street, Marylebone. On Saturday night, the 24th of Feb., the prisoners came to my shop, about ten minutes past twelve o'clock, and staid till about three in the morning—they then left together, to the best of my knowledge—they were in company together at my house—it is a night-house.
Muggeridge's Defence. I know nothing of the robbery; when I came out of the coffee-shop I went straight home, and got home about half-past five o'clock on Sunday morning; my friends blew me up for stopping out so late.
----MUGGERIDGE. I am the prisoner Muggeridge's mother. On the Sunday night my son came home about seven o'clock—he was out all Saturday night.
MUGGERIDGE— GUILTY . Aged 19.— Confined Six Months.
me to let him have some hay, which I agreed to—it came to 12l. 15s.—he asked if I would have any objection to take a bill at a month for the amount—I said no, provided he got a respectable person to accept the bill—he asked if I would take the acceptance of Mr. John Howard, boot and shoemaker, No. 3, New Church-street—I said I would let him know in a quarter of an hour, if he would call again—as I was not acquainted with Mr. Howard, I thought I would make inquiry—he came at the time specified, and, having inquired, I agreed to take Howard's acceptance—he went away, and in about half an hour came back with the bill—I had gone to the door, and seen him go up to Mr. Howard's—he brought the bill, apparently accepted by John Howard, in a pretty fair handwriting—the hay was delivered to the prisoner—I made inquiry afterwards of several people, but never heard of the prisoner till he was taken—this is the bill—it was due on the 1st of Nov.
Cross-examined by MR. PAYNE. Q. How long had you known the prisoner? A. About six months, and had dealt with him before—he then lived at Willesden—I did not inquire of Howard himself before I took the bill—the prisoner did not call on me afterwards—I did not see him till I met him the day I gave him into custody—I paid the bill away to Mr. Mellersham—it was noted, and I had to pay it—it was not put into an attorney's hands—Howard lives in the same street as me.
JOHN HOWARD . I live at No. 3, New Church-street. I have a son named John, who lives with me—I believe the acceptance to this bill to be in my son's handwriting—he assists in my shop—on the 29th of Sept. the prisoner applied to me to accept a bill for 12l. 15s.—I said I would not—he stopped some time, and said, if he gave me the consideration of 10l. the following week, would I do it then—I said no—a customer came into the shop at the time, and I left him, and did not return—my son is thirteen years old—he writes a good hand—I do not know where the stamp for this bill was got—I do not know whether my son fetched it—the bill was presented when due—I was not at home—I was on the Jury here—I was at home in the evening, when it was noted—it is not my acceptance—I am quite sure I never allowed that bill to be accepted in my name—I had no idea such a bill existed—my son did tell me he had written a paper for the prisoner, and showed me how after, but not for several days after—he told me he had written "John Howard" across it—I did not take any steps about the bill before it was due—when the prisoner asked me to do it, he said he had bought some hay of Mr. Morgan—I did not go to Morgan—the bill was accepted without my consent—I knew where the prisoner had lived, but he very soon removed, I understood—my son never accepts bills for me—he may write a receipt to a small bill of 4s. or 5s.—he always writes his own name, "Received. John Howard"—I am not aware how he does it.
Cross-examined. Q. How long have you known the prisoner? A. Probably twelve months—I have taken about 25s. of him—I became his security for a loan from a society, and have to pay it—I never had a loan myself from that society—I did not introduce him to any society for a loan of 100l.—I introduced him to insure his life for three years—I do not know the amount—he said he wanted to borrow money—they were to lend him the money on good security—I was not to be his security—I had nothing to do with it, but being insured in the same office myself—I borrowed 100l. from the same society, and the prisoner's wife's uncle was my security—I was in my shop when this bill was drawn—I did not see my son go out for a stamp—I do not remember seeing him go out—I did not see him with a Piece of paper—he must go through the shop to get into the street.
Q. When the prisoner asked you to accept a bill, did not you say you had a
bill to meet, and as it would do you both good, you did not mind? A. I did not—he did not give me the money for the stamp, and I hand it to my son—my son did not come back and tell me it come to a penny more, because it was off the stones—the prisoner might fetch a pint of ale while my son was gone—he did not while I was in the shop—no ale was brought to my knowledge—I drank none—I am not aware that the prisoner, my son, and wife had ale, bread and cheese together—I had not—I had dined—the prisoner might have bread and cheese.
Q. Did you not take off a file a bill for 47l. for your son to copy from? A. Certainly not—I never had such a bill, nor did I tell him instead of putting that sum, to put 12l. 15s.,—I am not a debtor to any loan society but the one the prisoner's wife's uncle was security for—I know one Tress—I never introduced him to a loan society—I do not know of his borrowing from loan societies—I did not bring the bill out of the parlour into the shop after it was written, and deliver it to the prisoner in the shop, nor did my wife—I believe all the bill is my son's writing, except the prisoner's signature—I was in the shop—I do not know whether my wife was in the parlour—it joins the shop.
COURT. Q. Do not you know from your son, or from your wife, whether she was there? A. No, she might be—I swear I did not bring any paper out of the parlour into the shop, and give it to the prisoner—my son might have gone out and come in without my seeing him, if I was attending the customer—I was called to one—I cannot say how long I was engaged—I cannot say how long the prisoner was there.
JURY. Q. Did you ever keep a shop in Westminster? A. No, I never looked at any bill my son receipted.
JOHN HOWARD . jun. The body of this bill is my handwriting, all of it, except the prisoner's signature—I knew it was addressed to my father—I wrote my father's name as the acceptor—Mr. Giggs asked me to write a paper for him—I did not know what it was he told me to write—he dictated it to me—he asked me to go down Edgware-road for the stamp—I went, and paid 1s. 6d. for it—Giggs gave me the money—my father was in the shop—I do not know whether he saw me go out—he was serving a customer—I was gone about ten minutes—my father did not know what I was gone about—he was in the shop when Giggs told me to draw this paper—I did not tell my father I had written his name across the bill till a few days after—I did not know what it was—I did not know what the stamp was for—I asked for an 18d. bill stamp—Giggs told me to fetch a bill stamp—I wrote it in the parlour—nobody but the prisoner was present—my mother was not there—I cannot say where she was—the door between the shop and parlour was shut by my father when he went into the shop to serve a customer—Mr. Giggs was having some bread and cheese at that time—I shut the door when I went oat for the stamp, and it was shut when I came back—I shut it after me—I never saw my father's bills of exchange—I did not ask why I was to write my father's acceptance when he was in the shop—I did not know the meaning of it—I never saw a bill before—he told me what to write, word by word—I paused between each word to know what I was to write next—I had no copy I am sure—I did not know it was any harm—Giggs did not tell me what it was for—I never learnt anything about bills at school—I have received small bills for my father, and signed the receipt "John Howard," without mentioning my father.
Q. What made you tell your father what you had done? A. I do not know—I recollected it a few days after, and told him Mr. Giggs had asked me to write a paper for him, and I did—he did not make any answer—he did not ask what sort of a paer it was—I did not know the words—I never told
him it was a bill—I did not know what it was—I do not know how he learnt it was a bill—he did not tell me I had done wrong—he made no answer—I told him afterwards that I had got a stamp—I did not tell him I had put his name across it—I said nothing to lead him to believe it was a bill of exchange—I only saw the prisoner once that day—I never wrote for him before.
Cross-examined. Q. How far had you got in ciphering at school? A. Simple interest—I did not know what "Pay to my order" meant, nor "one month after date"—I do not know what paying one month after date means—I left nobody with Giggs when I went for the stamp—nobody told me to put this line under 12l. 15s.—I put it of my own accord.
THOMAS HENRY THOMPSON (policeman.) I saw the prisoner in Commercial-road, Blackfriars—Mr. Morgan was in the act of speaking to him—I told the prisoner I wanted to speak to him, and told him I took him for forgery—he said he had committed no forgery—I took him to a public-house, and showed him the bill—he said Mr. Howard's son had signed that bill by leave of the father, and the father was present, that the father sent for the stamp, and that the boy was gone some time, that he went into the neighbourhood of Edgware-road.
Cross-examined. Q. I believe you told him you did not wish him to my any thing to hurt himself? A. Yes, he said he wished to tell me the truth, that Howard had said he wanted some money himself, and if it would do him and himself good he would accommodate him, that he was to have deposited some money in Howard's hands—I went with him to Howard's house, and saw Howard and bis wife—the wife said in their presence she had quite enough about paying money for him, for she had to pay some money for a loan society which Mr. Howard was answerable for—when I first went into the house Mr. Howard said, "Oh, they have got you at last"—he said nothing to what the wife said—the prisoner has always remained in the same story.
JOHN HOWARD , jun. re-examined. Q. Did you ever say you did not recollect fetching the stamp? A. Not to my recollection—I never refer to our almanac to find the amount of stamps—I am quite sure my father was not aware what I was doing—I remember no conversation about the prisoner offering to deposit 10l.
JURY. Q. When you first acquainted your father of it, did he tell you had done wrong? A. No, he made no reply—he did not inquire what I had written—I told him I fetched a bill stamp for Mr. Giggs, and wrote on it—I did not tell him what I wrote on it—I never saw the form of a bill at school—I did not tell my father I had written his name on the stamp—Mr. Giggs partook of the ale and bread—nobody else—my father was aware that ale was sent for—he was in the room when it was drank—he was not in the room when I went for the stamp—I do not know who paid for the ale—the money was put down on the table by somebody—it was drank in glasses—there was only one glass—a pint was fetched—I had none, nor had my father—he saw me bring it in.
JOHN HOWARD , sen. re-examined. Q. How did you know it was a bill? A. The boy told me the form in which he had written it—he did not tell me the words he had written, but he told me he had written across it with his name—he had written "Accepted," and put his name across—then I knew it was a bill—he did not say what he had written—I did not inquire—I said no more to him about it, for I never showed him a bill in my life—the prisoner offered to leave 10l. with me in part of the bill—I had been security for him to a loan society—he never was security for me—his wife's uncle was three years ago—not to the same loan society, a different one—he was not
insured in the same place—I recommended him to the same place, but before I knew what his character was.
JURY. Q. How did this conversation between you and your son arise respecting the bill? A. I cannot tell—we were talking about writing and something, and then he told me what it was, but I cannot recollect the circumstance exactly—he said, "Father, I wrote a paper that day for Mr. Giggs"—I said, "What paper?"—he said, "I do not know what I wrote now, but I wrote 'accepted' across it, and my name."
COURT. Q. Did he tell you he had been sent for a stamp? A. He did say he had been out for a stamp—as I said before, it did occur to me then that it was a bill—the prisoner never called on me with the 10l.—he might have met the bill—I did not ask my son if he had written any figures on the bill—when he told me he had written "Accepted, J. Howard," on the bill, I did not put my other question to him—I did not tell him he had done very wrong—I talked to his mother about it, but not to him—I have since cautioned him not to do it again, but I did not then—I do not know who paid for the ale—no money was given, to my knowledge, when I was there—I asked my son what amount he bad written on the bill, and he could not tell me.
MR. PAYNE. Q. Were you at the prisoner's house on the Sunday after this Friday that he was at yours? A. No—I went one Sunday to his house, not the next Sunday, I think it was the following Sunday, to say I had got a letter from the loan society to say he had not paid up his interest—I did not say anything about this bill then; I did not know of it then.
Q. You say your son told you of this in a few days, and this would be nine day? A. Well, that is but a few days.
NOT GUILTY .
849. HENRY JACOBS was indicted for stealing 2 coats, value 4l.; 1 yard of velvet, 15s. 6d.; 11 1/2 yards of doeskin, 3l. 13s.; 4 3/4 yards of woollen cloth, 2l., 9s. 6d.; and 1 pair of trowsers, 10s.; the goods of Thomas Shimmell, in his dwelling-house; and afterwards burglariously breaking out of the same dwelling-house: and GEORGE SHIMMELL for feloniously inciting him to commit the said felony.
MR. WILKINS conducted the Prosecution.
THOMAS SHIMMELL . I am a tailor, and live in Union-street East, Spital-fields. The prisoner Shimmell is my brother—he worked for me, learning the trade, but did not sleep in the house—it was hit custom at night to shut up the shop, clear the window, and pack the things on the counter—on Friday, the 9th of Feb. he closed the shop as usual, and left a little before ten o'clock—after he was gone I went and saw the shop all secure, all the doors and shutters fast, and I fastened all the bolts and doors—a wooden prop was stuck Against the front and back doors—I have a cellar at the end of my passage—I was called up by a neighbour next morning between ten minutes and a quarter after six, and found the street door open—I went into the shop, and found everything on the counter had been taken away—there was a quantity of cloth, ready-made clothes, and things amounting to nearly 50l.—my own great coat hung up on a peg in the shop, and in one of the pockets I had left a pair of black kid gloves, which I had had about four years, but not worn them regularly—I missed them—I sent for the police, and examined everywhere, but could discover no marks of violence—I do not suppose it possible for any one to open the door from the outside, and I concluded it had been opened by some one secreted within—an iron crow-bar was found behind the door—I had never seen that in my house before—while the police were examining, my brother came to the shop, about seven o'clock—he merely asked what was the matter—he
remained with me till the Monday evening following—Convey came to my house that night, and in the prisoner's presence asked if I had not a brother in the habit of going out with a child in the middle of the day, about half-past eleven o'clock—I said, "Yes"—he said, "That is the person, have you been robbed?"—I said, "Yes"—he said, "Your brother is the person who has done the robbery; I have learnt that he is the associate of thieves"—my brother made no answer—Convey then said, "I have got a trace who the parties are, I will go and look after them, and return to you"—I was not to let my brother go—he would come back and look after him—when he was gone I said to my brother, "Now it is all found out, you are the guilty party, and you will be sorry to find yourself in Newgate"—he fell on his knees, and asked me to save him, he would tell me all about it—he began to tell me a few words—I told him to stop, and went and fetched in my next door neighbour to hear his statement—when he came in he said, "I could not help it, I was forced to do it, it was me that took your other cloth that you lost some time since; the parties were not secreted under the counter as you suppose, it was a boy named Stevens was in the cellar; it is me that has been cutting your cloth, and taking it to a person named Durant; when you found it out, and a watch was kept so close, there was no opportunity of taking any more, he threatened me if I did not let the boy Stevens be secreted is the cellar, he would dash my brains out, and would bring the cloth that he had already had and show to you, and get me transported"—he said when he shut up the shop the boy was at the window ready to come in, and now was the time or never, that the boy came in, and he shut him in the cellar and left thim there—Mr. Hayward, my neighbour, then took him to the station, and I followed—he made the same statement there, and said a person named Sampson had bought the cloth—it was traced to that Sampson, in Gun-yard, Houndsditch—I went with the policeman to Sampson's house—I found a yard of silk velvet, a piece of doeskin, a piece of cloth, and a pair of trowsers, which were mine—next morning I went to the station, and found the prisoner Jacobs there—a pair of gloves were shown to me, not in Jacobs's presence—they were produced before the Magistrate twice when he was there—I knew them to be mine as soon as I saw them.
Jacobs. Q. Did you ever see me about your house? A. No—persons lodge and sleep in my house—the wood work of the cellar-door was cut away.
Shimmell. What he says is false; I never told him any such thing; he said he would turn me out and put me into the Old Bailey, and promised to give me a sovereign if I would say I saw the parties. Witness. I did not—I said I would send him to Newgate—it was after that, he told me thin—I gave him no beer at the station.
MICHAEL CONVEY (police-constable H 138.) On Monday, the 12th of Feb., from information I received I went to the prosecutor's house, and saw him and his brother there—I asked him in the prisoner's presence if he had not a brother in the habit of taking a child out about eleven o'clock—he said he had—I said, "Have you been robbed lately?"—he said, "Yes"—I said, "You were robbed a week back"—he said, "I have"—then I said, "From information I have, your brother is the party robbing you; he is connected with a parcel of notorious thieves"—I said, "Don't you know Durant?"—the prisoner said, "No"—I said, "Do you know Stevens and Lee?"—he denied knowing anything about them—I said, "I feel confident you know these parties, because you go out with a child," and I described the child—I said I should go and make inquiry, and told the prosecutor not to allow his brother to go, that I should come again—I then left—I was not dressed in my
uniform, but said I was a policeman—in about half an hour I found Shimmell at the station—no beer was given him there to my knowledge—I allowed him to leave the station, and I and Hayward followed him at a distance—he went down to Petticoat-lane—I lost sight of him for about five minutes—when I saw him again he was in company with the prisoner Jacobs—they walked together down Widegate-street, towards Bishopsgate-street—I lost sight of them for a quarter of an hour or twenty minutes, and then saw them standing at the door of the Paul Pindar, in Bishopsgate-street—I passed by them, and I went and told Hayward to go and take hold of Jacobs—I saw him do so—he resisted a great deal, and threw this bag of keys out of his pocket into the street—there are ten keys—eight are skeletons—I searched Jacobs at the station, and found a pair of old black kid gloves in his pocket—he resisted very much having them taken from him—he said they were his own—he wanted to know what I wanted with them—I gave them to the inspector—they were shown to Mr. Shimmell next morning, and he identified them, and so did his wife—they were produced on two occasions before the Magistrate, and Mr. Shimmell swore to them in the prisoner's presence—I afterwards got some other property from Sampson's house, and lost the gloves among that property.
Jacobs. Q. Did not you say you thought you saw me chuck a bag away? A. No, I said I saw you do it.
Shimmell. He took me to the station, gave me a pot of beer, and kept me there till twelve o'clock. Witness. I did not give him beer, nor see him have any.
HENRY HAYWARD , baker, Union-street. On Monday evening, the 12th of Feb., Mr. Shimmell fetched me to hear a statement made by hit brother—he has stated it correctly, nearly word for word—I took Shimmell to the station at Convey's suggestion—he was afterwards allowed to leave, and we followed him to Petticoat-lane, where he met Jacobs—they remained in conversation a few minutes, and walked on towards Bishopsgate-street—we lost sight of them a short time, and near the Paul Pindar I went up and seised Jacobs—I saw him throw a bag into the road—I picked it up—it contained these keys—I saw the gloves found on him.
NOT GUILTY .
OLD COURT.—Saturday, March 9th, 1844.
Second Jury, before Edward Bullock, Esq.
CHARLES SAVIN . I am an importer of fancy goods, and live in South Audley-street. The prisoner was in my employ as porter for three weeks—Tuesday morning, the 13th of Feb., he came as usual to the house about half-past seven o'clock, and I saw him go into my office at the back—I came there about eight, he was then gone, and did not return—I went to my office, but not to my desk till twelve o'clock—I then found it broken open, and the cash-box gone—I always kept it in the desk—the prisoner had an opportunity of knowing that—I had been out between the time of my seeing the prisoner and going to my desk—the cash-box contained a great many bills of exchange and promissory notes to the amount of 700l. or 800l. due and over due, and
many valuable papers—I saw the prisoner go twice into the office about half-past seven, and while he was there I heard a great knocking, but thought he was breaking some wood to light the fire, and did not pay any attention to it—I did not see him again till he was in custody next morning about eight, at his own lodging in White Horse-street, Piccadilly.
Cross-examined by MR. DOANE. Q. How many people have you in your employ? A. At present three, but at that time two—no customers come into the office—it is connected with the house by a lobby—you can go into it from the house, or through the yard—I went out about nine o'clock—I received a letter from the prisoner, telling me he was suffering from the toothache, and could not come, and at half-past eight next morning I went with a policeman to his lodging, and found him.
VIRGINIE LEGRU (through an interpreter.) I am in Mr. Savin's employ, and live in the house. On the morning of the 13th of Feb. the prisoner came to the house about half-past seven—he went into the back kitchen or officer where Mr. Savin's desk is kept—he took his leather to clean the guard—he left about ten minutes to eight o'clock, and did not return that day—I staid at borne all day—I went to the door after he was gone, and it was open—two young females were in the house besides the prisoner and me, an apprentice and a milliner—they lived in the house, and remained there all day—the prisoner usually came to the house from half-past seven to a quarter to eight every morning, and left at nine with Mr. Savin, to carry his boxes, and usually came back about one or two—he then remained till eight, nine, or ten in the evening.
Cross-examined. Q. Does the yard adjoin other yards at the back of the house? A. No—there are high walls all round—there are no houses, nor windows—there is no way into the yard except through the house—there is a ladder in the yard—the front door is left open all day, after half-past eight or nine o'clock, but there is an inner glass door which is kept shut.
COURT. Q. Can you get to the place where the desk was, without going through the inner door and shop? A. No—the prisoner took his breakfast at Mr. Savin's—he never went out to breakfast—he did not complain of being unwell that morning—neither the apprentice, myself, or any one, had any visitors that morning.
HENRY ALLIBON (policeman.) On Wednesday, the 14th of Feb., about half-past nine o'clock in the morning, I went to No. 3, White Horse-street, and apprehended the prisoner in the back parlour—I told him he was charged with breaking open the desk, and taking the cash-box out, and asked if he knew anything about it—he said he knew nothing about it.
MR. SAVIN re-examined. This is the note I received at three o'clock—it is the prisoner's writing—(read)—"Sir, I write these few lines to say, that I was not able to come to work this morning, because I was very ill with the toothache; but when I get better I will come to see you as soon as I can. I hope that I shall come to-morrow. No. 3, White Horse-street, May-fair London.
NOT GUILTY .
851. JAMES BADGER the younger was indicted for stealing a 5l. bank note, the property of John Whinsey Spencer, his master, in his dwelling-house; and JAMES BADGER , senior, for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
JOHN WHINSEY SPENCER . I am a feather-bed manufacturer, and live at Finchley-common—I have premises in Newton-street, Holborn. The younger prisoner has been in my eldest son's employ for three years and a half,
and I took him on my own account last Monday fortnight—he had 3s. 6l., a week, as errand-boy—I was in the yard yesterday week, and sent him to fetch some nails—I put my hand into my pocket for a shilling, and I presume I drew out a 5l. note with it, and dropped it—I did not see it fall—I had felt it safe a very short time before—I was going into a vehicle to go home—when I got home I missed the note—I came back to town next morning—I found the prisoner and another boy on the premises, and said, "Which of you, boys, has picked up a 5l. note?"—the other said Jemmy had—Jemmy was called, and said, "I only picked up a bit of paper"—on that, the other said, "You picked up a 5l. bank note"—he said, "If I did, I went to the privy and used it there"—I sent for a constable, had the privy taken to pieces to search for it, and he acknowledged, after that, that he had given it to his father—before that be denied it very strongly, and I said to him, "You have got it; tell me the truth; and if your father has got it, give me what you have got of it, and I shall drop going on any further"—his father was sent for, and denied it very strongly when the policeman took him, until he got down to Bow-street—he acknowledged it in full before Mr. Twyford.
Cross-examined by MR. MAHON. Q. You do not recollect the number of the note? A. No.
WILLIAM HORSLEY . I am in the prosecutor's service. On the 1st of March, about four o'clock, I saw the younger prisoner in the yard—I saw him take up a piece of paper—it had the appearance of a 5l. note, because I saw some writing and printing—I did not read it—Mr. Spencer had driven off about fire minutes before—I told the prisoner he had picked up a note—he said he had not—I asked him to let me look at it, and he squeezed it up in his hand—he then went to the gate to go home—I stopped him at the gate, and wanted him to let me look at it—he would not—he tried to push me away—I would not let him—he went into the warehouse, came out again, and then went in again, and went away with it.
Cross-examined. Q. You say it was like a 5l. note? A. It was like a note—I did not see the word "five"—I did not think it was a note at the time—I thought it was a piece of paper.
THOMAS LANGLEY (policeman.) I went to the elder prisoner's on the next day, and said, "How about this note?"—he said, "What note?"—I said, "The one the boy gave you last night"—he said he had not had it—he asked me where the boy was—I told him at Mr. Spencer's shop—he then admitted that he had had the note, and hoped Mr. Spencer would be as lenient as possible; and if he would allow him, he would pay him so much a week back—I found 1s. 1d. on him, and a receipt for three hams, at 16s. 6d. signed. "Gammage and Nott."
Cross-examined. Q. Did you tell him he had better tell all the truth? A. No—I did not say he had no business to deny it—I am quite certain I did not say it would be better for him not to deny that the boy gave him the note last night.
JAMES NOTT . I am in partnership with Thomas Gammage, a cheesemonger, in Seven-dials. On the evening of the 1st of March I received a 5l. note from the elder prisoner—I have known him six or seven years dealing with us—he purchased three hams—he deals in them—this receipt is in the handwriting of our young man—I gave him silver, and 4l. in gold.
MR. SPENCER re-examined. This is my note—it has the name of Jefferys on it, in my son's handwriting—the younger prisoner goes to the Sunday-school a little—I often sent him out for change for a 5l. note, and often to the banker's—he was standing close to me when I took out the shilling.
NOT GUILTY .
NEW COURT, Monday, March 4, 1844.
Fifth Jury, before Edward Buttock, Esq.
852. JOSEPH STANBOROUGH was indicted for stealing 2 live tame fowls, price 3s., the property of George Blakeby; and HANNAH STANBOROUGH for feloniously receiving the same, well-knowing them to have been stolen, &c.
GEORGE BLAKEBY . I deal in hay, and live at Great Stanmore. On the night of the 17th of Feb. I lost two fowls—I saw them safe on the morning of the 17th—they could go about the premises, and roosted in the privy—Barnfather showed me some feathers, which are like the feathers of the fowls.
ELIZA BLAKEBY . I am the prosecutor's daughter. I have seen some feathers—they resembled those of the fowls—I do not swear to them—I had fed the fowls about four o'clock on Saturday evening, and they went to roost in the privy.
JOHN BARNFATHER (police-constable S 267.) I went with the prosecutor to Joseph Stanborough's lodgings in Oldchurch-street, Great Stanmore, about half-past twelve o'clock on the 18th—I found Hannah there, and Joseph was outside with the prosecutor—I apprehended him, and told him it was on suspicion of stealing Blakeby's fowls—he said he knew nothing about them—I went into the house, and saw Hannah—I asked her to show me her room—she took me to an upstairs room, and there was no fire-place—I asked her what she had got for dinner—she said, "Nothing"—I asked her where she cooked it when she had any—she asked me, why, did I think she had got the fowls?—I said, I did not know—we came down, and went into another room, where there was a large fire and kettle—I asked her what was in it—she said, beef, potatoes, dumplings, and carrots—she took out the beef—I said, was that all?—she said, "Yes"—I found the greater part of the fowls in it—I took Joseph inside, and found some feathers in his bosom, and in the room I found some more feathers, corresponding with them—I then went back to the house—Hannah said she knew nothing of the fowls, but she had found them on the table, and her son said, when she asked whose they were,"Never mind, they are mine"—I traced feathers from their house nearly a mile towards the prosecutor's—he said one fowl was a small one, and one an old hen—the necks I have here exactly correspond with that description.
Joseph's Defence. I found the fowls in a lane.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
GUILTY . Aged 42.— Confined One Month.
GUILTY . Aged 19.— Confined One Month.
858. WILLIAM SMITH was indicted for stealing, 1 bag, value 1d.; 2 half-sovereigns; 17 half-crowns; 39 shillings; 35 sixpences; and 23 groats, the property of James Eastling, from his person, to which he pleaded
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 31.— Confined Four Months.
860. DAVID TURNER was indicted for stealing five planes, value 12s.; 1 filister, 3s.; 2 squares, 2s.; 1 screw-driver, 2s.; 2 hammers, 2s.; and 1 basket, 1s.; the goods of Richard Hicks: and 3 chisels, 1s. 6d.; 1 stock and bits, 2s. 6d.; 1s.; 1 hammer, 6d.; 1 pair of compasses, 6d.; and 3 gauges, 3d.; the goods of James Dyke: 2 planes, 7s.; 1 square, 1s.; 1 pair of pincers, 3s.; 1 scraper, 4d.; 2 files, 4d.; 4 chisels, 3s.; 1 gimlet, 2d.; 1 brad-awl, 1d.; and 1 basket, 1s.; the goods of James Bushby, to which he pleaded
GUILTY . Aged 22.— Confined Six Months.
ANNE GREEN . I was the wife of Richard Green, now deceased; he kept the Queen's-head public-house at Uxbridge. On the night of the 13th of Feb., I was in the inner room adjoining the bar—I had only the fire-light—I heard a noise like the unlocking of the till, and then the rattling of halfpence—I got up and went to the till, and saw the prisoner who is a stranger, lifting his hand from the till, with the bowl in it, and he drew it across the counter—there were some coppers in it—I had seen it a very few minutes before—the till was locked, and the key in it—I went and took bold of the prisoner—he tried to get from me, and pushed me against the window, and broke two panes of glass—the policeman arrived, and I gave him in charge—I heard the bowl dropped when I took hold of him—I got a light, and the policeman picked up the bowl and the coppers as described.
Cross-examined by MR. HORRY. Q. This was half-past ten o'clock at night? A. Yes—there was a gas-light in the bar over the till, on the counter—the prisoner dropped the bowl in the passage—I had some persons drinking in a room opposite the bar—there was no one in the bar but the prisoner and me—I know there were farthings and halfpence in the bowl, but I could not swear how many.
COURT. Q. Before the bowl was taken out, can you swear there were any pence in it? A. I could not—I know there were four farthings, because I had taken them a short time before—there were pence and halfpence picked up.
Cross-examined. Q. What sort of a house is this? A. It is always kept in good order—the prisoner was the worse for liquor.
GUILTY . Aged 28.—Recommended to mercy.— Confined Two Months.
WILLIAM DANIEL MITCHELL (police-constable T 167.) About half-past nine o'clock on the night of the 25th of Jan. I saw the prisoner coming from Richard Buckill's farm with a sack on his shoulder—he entered the gate of another farm of the prosecutor's—before I overtook him he threw the sack down—I took him, and brought him to the prosecutor—I asked the prisoner what was in the sack—he said he was going to London, and that it was bait for the horses—I found it contained oats—the prosecutor said he was satisfied it was stolen from the farm.
WILLIAM HOLLIS . I am labourer to Messrs. Tilyer—I take care of their corn—on the Saturday before this Sunday the prisoner was employed to remove some oats from one barn to another—we moved 110 sacks from Mr. James Tilyer's farm to Mr. Richard Tilyer's—76 from one place, and 34 from the other—at half-past three on the Saturday I locked the barn in which I had put 110 sacks—they were all right—I went again at six o'clock on Monday morning—I then discovered that there was a sack gone—there was a hole in the barn big enough to let a man through—I had fastened the door with a string inside, and the string was cut—I have looked at these oats and compared them with a sample which I have in my pocketthey are similar oats, and are my masters'.
Prisoner's Defence. I took it for my horses.
GUILTY . Aged 19.— Confined Two Months.
ANN BROWN . I am the wife of John Brown, and keep an oil and colour shop in the East-road. About six o'clock in the evening of the 6th of Feb., I was behind the counter and heard a rattle in the window—I looked round and saw the prisoner outside the window with his arm through the window—I there was a broken square—I called out and he ran away as soon as he could get his arm out—I followed him—I met my little boy bringing him back—the box that held the cigars was empty which had been before full with a roll of twist tobacco on the top of it in the window—I am sure the prisoner is the man—I had never seen him before—I called out, "There is thieves," and my little boy ran out.
Prisoner's Defence. I was coming and heard the cry of "Stop thief;" I saw two boys—I said, "Stop them," and a gentleman caught me.
NOT GUILTY .
NEW COURT.—Tuesday, March 5th, 1844.
Sixth Jury, before Mr. Common Sergeant.
864. CHARLES ELLIS was indicted for stealing 1 painting and frame, value 2l. 2s.; the goods of William Edward Caldecott, his master: 1 printed book, 7s.; 1 handkerchief, 2s.; 2 coats, 1l. 10s.; the goods of William Caldecott: 7 coats, value 4l. 15s.; and 1 thermometer, 2s.; the goods of William Edward Caldecott, his master: to which he pleaded
GUILTY . Aged 18.— Confined Six Months.
865. GEORGE SMITH was indicted for stealing 1 wine-glass, value 9d.; the goods of Edward Henry Chandler: 1 cramp, value 8s.; 1 square, 2s.; and 6 bits, 2s.; the goods of William Nash, his master; to which he pleaded
GUILTY . Aged 41.— Confined Four Months.
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 23.— Transported for Ten years.
MESSRS. DOANE and WILDE conducted the Prosecution.
RICHARD RADFORD . On the night of the 26th I saw the prisoner in my shop—I am sure she is the person—I received a shilling from Dalton—I gave it to the officer—on the following evening the prisoner came again—I received a half-crown from her, and gave it to the officer.
GUILTY . Aged 18.— Confined Six Months.
STEPHEN TAYLOR (police-constable S 11.) I went into Mr. Whiffin's shop, and received this shilling—I took the prisoner and searched him—as he had no other bad money, I let him go and watched him—he joined another person, and then went in the direction of Somers-town.
Prisoner. I had a good shilling. Witness. He produced a good shilling to Mr. Whiffin—I did not find it on him, it was on the counter, but the prisoner had it again.
GUILTY . Aged 18.— Confined Six Months.
put it into my pocket—she was alone, as far as I know—I said it was had—she said if I would give it her again she would take it back to where she fetched it from—I marked it, and gave it to the constable—Mr. Leathart afterwards made a communication to me.
Wood. He told me it was bad, and put it into my hand; I turned and looked at it and was going to the door, a tall stout man came and snatched it from me; he said, "This is a bad one," and gave it back to this man. Witness. No, it is false, there was a gentleman in the shop.
MR. DOANE. Q. Did she put it on the counter? A. No, she gave it into my hand—no one snatched it out of her hand—there was no other money in the pocket in which I put it—I gave it to the gentleman, and he gave it tome again—I did not lose sight of it.
JOSEPH DANIEL LEATHART , paper-hanger, Park-place, Bayswater. On the 12th of Feb. I was in Adelaide-street, Strand, not far from the Lowther-arcade—I saw the prisoners together—Bastings was rubbing something in his hand, which drew my attention—he gave something to Wood—she then went into the arcade—Bastings followed her a short distance off—Wood went to De le Gard's shop—Bastings passed and repassed while she was in—I saw Wood quit Mr. De le Gard's shop, and I made inquiries—Wood joined Bartings again and they went down Hemming's-row into John-street—Wood went into a shop and came out with a mackerel—Bastings went on to Duke-street—Wood came and gave Bastings the mackerel—he put it into his pocket—I inquired at the fish-shop—I afterwards took hold of Bastings, and he put a half-crown in his mouth—I tried to get it out, but he succeeded in swallowing it.
HENRY ALLABIN (police-constable C 94.) On the 12th of Feb., Leathart gave me information, and my attention was called to the prisoners—I saw them both standing talking together—I took them into custody—Wood asked me to let her take a handkerchief out of her basket—I would not till we got to the station—I then found this purse in the handkerchief, and a bad half-crown in it—I saw Bastings put a half-crown into his mouth, and swallow it—Wood said she did not know Bastings—I searched Bartings, and found 6s. 2d. good money, and a mackerel, which he said Wood gave him—I got this half-crown from Thompson.
Wood's Defence. I know nothing of Bastings; I met him and he gave me the money; I asked him if he would accept the mackerel, he said, "Yes."
WOOD*— GUILTY . Aged 22.
BASTINGS*— GUILTY . Aged 26.
Confined One Year.
JAMES FRANCIS PRESCOTT , oil and colourman, North-place, Gray's-inn-lane. On the 3rd of Feb. the prisoner came to my shop and ordered some candles for Mr. Bannister—I told my boy to take them—I gave him 4s. and 2lbs. of candles—she had ordered change for a crown to be sent—he brought me back a bad crown-piece—I put it by itself.
Prisoner. He said he took it up stairs and put it on his table, where his wife and children were. Witness. I took it up at twelve at night—I kept it away from all other money—my wife and children were in bed and asleep—next morning I put it into my cash-box wrapped up in paper—I am sure it was the same.
THOMAS STAPLETON . I took the goods by direction of my master to Mr. Bannister, in John-street—before I got there the prisoner met me, and said, "Have you got the candles for Mr. Bannister?"—I said "Yes"—she
said "We are waiting for them, we have not got a candle to use"—she asked if I had got the change—I said "Yes," and gave her 4s. and the candles—she gave me a five-shilling piece, I took it and gave it to my master.
JOHN WILLIAM EDWARDS , cheesemonger, Marchmont-street. On the evening of the 6th Feb., the prisoner came to my shop for some butter, to be sent to 35, Tavistock-place, with change for a five-shilling piece—I gave my boy Johnson the butter and the change—I followed him—the prisoner met him in the road, took the butter from him, and there was an exchange between them—I followed, stopped her, and said she had given a had five-shilling piece to my boy, she must go with me—she said "Let me alone, I am a respectable woman"—I gave her into custody—she said she was sent by the man servant at 35, Tavistock-place—she said at the office if any one would go with her she would take them to the party that gave it her—an officer went with her, but no man-servant was there.
RICHARD HORTON JOHNSON . I am errand-boy to Mr. Edwards—I had some goods given me to take to Mr. Gibbs, in Tavistock-place—I met the prisoner—she asked if I had got Mrs. Gibbs's butter and change—I said "Yes"—I gave her the things and the change—she gave me a crown-plece—I gave it to my master, who was in the street.
Prisoner's Defence. A man servant asked me to go to the shop; he said, "There is the boy coming, go and get it of him."
GUILTY . Aged 19.— Confined Six Months.
CHARLES EDWARD HOLMES . I am the son of Charles Holmes. Between nine and ten in the evening of the 10th of Feb., the prisoner came and asked if we sold oiled silk umbrella covers—I said, "Yes," and called M'Lean to come and serve him—I went into an adjoining room—M'Lean came to me in two or three minutes for a knife—directly she turned her back the prisoner ran out of the shop with an umbrella, which was on the counter—I ran and called "Stop thief"—I lost sight of him as he turned a corner—the policeman came and asked mewhich way he had gone—I came back to the shop, and the policeman had got him in the shop—he left a parcel in the shop containing a pair of trowsers and his own umbrella.
ELIZA LOUISA M'LEAN . I took two umbrellas out of the window, and took the case off one—the prisoner broke the top off his umbrella in trying the case on, he asked if I had a knife to cut a piece of string—I went into the parlour to fetch one, and he ran out—a person might have called him.
ELLEN AQUIRRA . I was in Sydney-alley—I saw the prisoner coming out of the shop running with an umbrella in his hand—he did not speak to any one, but ran into Princes-street into a house or a court there.
Cross-examined by MR. PAYNE. Q. Whether any one went the other way you cannot say? A. No.
ALFRED MITCHELL (police-constable C 25.) I went to the prosecutor's shop—the prisoner came back to the shop—he had one foot on the step of the door, and saw me in the shop—he stepped back and ran away—I received the umbrella at Marlborough-street—his father stated that he found it at his own
house—on the day the prisoner was committed he said that a person coming by the door called his name, that he had the umbrella in his hand, and went out of the door to speak to him, and instead of coming back to the shop he went home.
Cross-examined. Q. Did you not say before that he said he had taken it by mistake? A. He might—the parcel contained a pair of trowsers worth 19s. 6d.
NOT GUILTY .
JOHN BLACK . I am a gentleman, and live at Maidstone. At a quarter before eleven o'clock on Friday night, I was passing a line of streets that terminates by St. Andrew by the Wardrobe—the prisoner came and walked with me through the narrow passage, which I believe was St. Andrew's-terrace—I bad felt my breeches pocket a little time before, and had a purse in it containing 70l. in bank-notes and three sovereigns—I lost them all in that passage—I charged the prisoner with it—this is my purse and money.
Cross-examined by MR. BALLANTINE Q. Had you been in town long? A, Yes—I had been dining in the country, and come up to town—I am sure it was the prisoner who accosted me—I first met her near the Mansion-house—I went into a public-house in the way along—she asked me for something, and I gave it her—I then went to the corner of the street, and then went into a public-house to get change—I had nothing but large coin about me—it was my intention to give her some silver—I did not go into St. Paul's-churchyard—I undid part of my dress in the passage—I had undone two or three buttons in front, and the prisoner was assisting me—I offered her 1l. 19s. to return the purse—she said she had no purse of mine—I did not state what it contained—I had not my trowsers down altogether—I was not drunk.
GUILTY . Aged 20.— Confined Six Months.
FREDERICK RHEINLANDER . I am partner with Francis Collins, of Watling-street. I had some handkerchiefs in my warehouse between four and five o'clock on Saturday, the 24th of Feb.—on the Tuesday following the policeman brought them—these are them—they are our printing, and the only ones in the house we had of this description.
GEORGE FOSTER (City police-constable, No. 425.) Between five and six o'clock on Monday evening, the 26th of Feb., I was on duty in Foster-lane, and received information from a young man in a wholesale house—I went, and met the prisoner and another lad. in conversation—I watched them, and saw the other boy go into a warehouse—as soon as he came out the prisoner, who was on the other side, came over to him—I went and took them to the station, and found these handkerchiefs on the prisoner, part in his breast inside his shirt, and part between his legs inside his trowsers.
Prisoner's Defence. I was passing by; this boy asked me where I was going; he said he picked these handkerchiefs up.
GUILTY .* Aged 16.— Confined One Year.
THOMAS BARKER , boatman, Westbourn-on-Trent. About the 8th of Feb. I took the prisoner in my boat, and on the 9th I missed a flannel frock, two pairs of boots, a knife, and the prisoner, at Harefield, near Uxbridge—I informed the officer—these are my flannel frocks and boots, they were in my barge on the Grand Junction Canal.
Prisoner. He lent me the frock and the boots. Witness. He was in our potteries—I lent him the frock and one pair of boots, to ride to London; the other pair he took—this is my knife—I did not lend him that.
WILLIAM NEWLAND (police-constable T 39.) I received information, and went to the Standard public-house, at Cowling—I found the prisoner sitting before the fire, with the frock and one pair of boots on—Iasked where the other pair of boots were—he said he knew nothing of them—I then found from the landlord that there had been a pair of boots left, and I got them the next day.
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 22.— Confined One Year.
GUILTY . Aged 32.— Confined Six Months.
GUILTY . Aged 21.— Confined One Year.
879. JAMES BEARD was indicted for stealing 1 watch, value 14s.; 1 coat, 20s.; 1 pair of trowsers, 16s.: 1 pair of boots, 14s.; 1 handkerchief, 1s.; 1 purse, 6d.; and 1 comb, 2s.; the goods of John Kemp; to which he pleaded
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 19.— Confined Nine Months.
SAMUEL DORRINGTON , meat salesman, Newgate-market. On the 2nd of March I had four sheep hanging together from half-past ten to eleven o'clock on Saturday morning—I had occasion to go into my counting-house to speak to my book-keeper—I came out in about a minute, and missed one of these carcases—I sent my man round the market, and in ten minutes the mutton was produced to me—I can swear to it.
and the mutton back to the prosecutor, and he identified it—as the prisoner was coming back he said a man employed him to fetch it.
Prisoner. I was looking for a situation; a man came, and said, "Bring that sheep, and follow me to the cart at the bottom of Holborn-hill;" I was going, and this man stopped me; I told him I would show him the man and the cart. Witness. No, he did not.
GUILTY . Aged 24.— Confined Three Months.
GUILTY . Aged 19.— Confined One Month.
JOSEPH HEADINGTON (City police-constable, No. 112.) On the 19th of Feb. I was on duty in plain clothes, in the Court of Common Pleas. I saw the prisoner there—he remained there ten minutes or a quarter of an hour—I followed him—he went into the waiting-room—a lady and gentleman were looking through the window—I saw him put his hand against the lady's dress—he then put his hand into a gentleman's pocket, and took out a handkerchief—I seized him, and told the gentleman to come with me, he had lost his handkerchief—he felt, and said he had—I took the prisoner—he resisteld very much—I found on him another handkerchief besides the one he took from the gentleman—I have not found the gentleman out, nor his name.
Cross-examined by MR. BALLANTINE. Q. Did you take the prisoner on this charge? A. Yes—he was examined twice at Guildhall and once at the Mansion-house—a gentleman was a witness at Guildhall, who said that he saw him—two or three persons were there—one was Mr. Rawlings, a wine-merchant, of Ingram-court—I know none of the other persons'names—I can mention several persons—there were other handkerchiefs there—Brand, the City officer, was one of the witnesses on one examination—there was another City-officer—Brand was not a witness on the charge of this handkerchief—he was a witness on the second or third examination—I was there on all occasions—I was sworn and examined on every examination—I was examined four times—Brand was examined on the third examination—Child was examined at Guildhall—they and others had been buying property of the prisoner—I ordered them to produce the property—some were handkerchiefs, one was a silver-box—I believe Child is a City-officer.
COURT. Q. They had been buying handkerchiefs of the prisoner? A. Yes, and a silver snuff-box stolen by the prisoner on the 30th of Jan.—that was bought by Brand.
MR. BALLANTINE. Q. Was the prisoner charged with stealing these handkerchiefs and things? A. He was not—I had not found it out then—it was produced because it was property that they had had from the prisoner—at the fourth examination the Magistrate committed the prisoner for stealing this handkerchief from a person unknown—I do not know whether the owners of the other handkerchiefs were known—the owner of the snuff-box was there, and he said he did not miss it for a day or two after—I have seen the prisoner before I took him—I believe he is known to Brand and others—he has been committed from the Mansion-house before this.
COURT. Q. Did Brand explain the purchase of this snuff-box, or give any particulars how he came to have it? A. After the prisoner was in custody I was sent for by Child, and he said he had advanced money on two handkerchiefs, and in the first instance Brand advanced 2s. on the box—this has
been mentioned before the Lord Mayor, but it was not gone into—the man the box belonged to was there, and said he did not miss it for two days.
GUILTY .— Transported for Ten Years.
Fifth Jury before Edward Bullock, Esq.
JEMIMA ELIZABETH MORTON . I live with my uncle, Henry Morton, at the George, in Brook-street, Holborn. At nine o'clock in the morning of the 14th of Feb., the prisoner had two pennyworth of gin and water—I took it into the parlour—I asked if he would like to step into the other room, as there was no fire—he said no, he was going directly, and he went rather in a hurry—I then went into the parlour and missed the box containing the articles stated from behind the door—I followed him out into Holborn—I gave him in charge of a policeman at the bottom of the hill—I saw him drop this box in his handkerchief—a man took it up and gave it to the policeman—it is my uncle's—it contains the articles stated.
GUILTY . Aged 25.— Confined One Months.
JOHN ARCHER (police-sergeant G 8.) About eight o'clock on the morning of the 17th of Feb., I was in Field-lane, and saw the prisoner come out of George-court, carrying something which appeared very heavy wrapped up in a jacket—I followed—he stopped, and I came up to him—he threw down the bundle, leaving it on the pavement—I followed, and took him—I asked what was in the bundle—he said sometiles, they were his own—he had bought them at Messrs. Poynder and Hobson's, Earl-street, Blackfriars, and was taking them home, to 12, Great Warner-street, and he was going to build an oven—I said, "You don't look much like a baker"—he said, "No, my wife is going to be a baker"—I went with him to 12, Great Warner-street, and found an oven was being built—I then went to Poynder and Hobson's, and saw the principal clerk—he said the prisoner had bought no tiles there—I then went to Mr. Eldred, the prisoner's master, and found he had missed tiles of this description.
EMMA FORWOOD . I am in the service of John Henry Eldred, a builder, in Hart-yard—the prisoner had been in his service—on the morning of the 10th of Feb., a little before eight o'clock the prisoner knocked at my master's door, gave me a bill, and asked me where my master was—he was not in the way—I asked if he wished to see him—he said no, he was going to his breakfast, he should be back directly—the men have a key to let themselves in and out.
JOHN HENRY ELDRED . On the morning of the 10th, the policeman came and gave me information—I went into the stable and missed some foot-tiles—when I saw the prisoner at the station, he said he bought them of Pardon and Co.—I went there and saw they had no goods of this description—I have not the least doubt that these are mine.
Cross-examined by MR. HORRY. Q. If you had seen them anywhere else, you would not have identified them? A. I could have brought the man here that made these, who would have sworn to them—I believe these to he mine—I
have no private mark on them—I had fifty of them in June, from Mr. Randall, in Maiden-lane—I did not count how many I had that morning.
JOHN CLARK . I am clerk to Poynder and Hodson, lime-merchants, in Earl-street. On the morning of the 9th Feb. the prisoner came to me with a cart, and had some lime—he had no tiles—we had none of this description.
Cross-examined. Q. Yours is a large concern? A. Yes—there are other clerks—I examined all the tiles that came into the yard.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Two Months.
JAMES FAWCETT , tailor, Clifton-street, Finsbury. On the 1st of Feb. the prisoner was employed papering my house—about ten o'clock that morning I put two waistcoats in a box in the front room, which they were repairing—I did not lock the box—on the following Sunday morning I missed the two waistcoats—I went with Redrum to the prisoner's house—he said it was his house—Redrum found one of the waistcoats between the sacking and the bed—he said he bought it of a Jew—this is my waistcoat—I made it myself.
JOHN REDRUM (police-constable G 232.) I took the prisoner—I told him he was charged with stealing two waistcoats—he went up to Mr. Fawcett's a asked him if he stole them—in going to the station he said he knew nothing about them—I went to his lodging and found the waistcoat under his bed—he said he bought it at a Jew's.
Prisoner's Defence. I was in Chiswell-street on Friday night, a man stopped me and said, "Will you buy a waistcoat?" I gave him a half-crown for it.
GUILTY .* Aged 18.— Confined Six Months.
GUILTY . Aged 20.— Confined Six Months.
888. ALFRED DAVIS was indicted for stealing 1 sovereign-balance, value 3s.; 1 cork-screw, 6d.; 1 copper-plate, 10d.; 1 printed book, 1s. 6d.; 1 memorandum-book, 1s.; 1 penholder, 6d.; 2 keys, 1d.; 1 ring, 1d.; 1 till, 2s. 4d.; 53 cards, 8d.; 1 crown, 3 half-crowns, 16 shillings, 22 sixpences, 9 groats, 8 pence, 69 halfpence, and 100 farthings, the property of George Whalley; to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 40.— Confined Two Months.
EDWARD PRIEST , baker, Brick-lane, Barbican. At half-past eight o'clock in the evening of the 24th of Feb. I went into the back-yard—I saw the prisoner and another—the other made his escape, and passed me—I said, "Halloo!.—he said, "Halloo! my mate has fallen and hurt himself"—I went down the yard, and found the prisoner on the ground—he said he had hurt himself—there was 47lbs. of lead in a pot-stand near him, and the pot stand had given way—I should imagine the stand fell by the weight of the person—I collared him, and said, "What have you got here?"—he asked me to let him
pass—I said there was something there—I gave him in charge of Mr. Hunt—I examined the premises, and found the lead had been removed from the kitchen.
Cross-examined by MR. PRENDERGAST. Q. This is a public-house? A. Yes—the prisoner might have gone into the yard for a necessary purpose—I did not see him fall from the pot-stand—he was partly up, and partly down.
NOT GUILTY .
NEW COURT.—Wednesday, March 5th, 1844.
Fifth Jury, before Mr. Common Sergeant.
891. AMELIA LENNAN was indicted for stealing 2 shirts, value 10s.; 3 spoons, 1l.; 3 table-cloths, 8s.; 3 shifts, 5s.; 2 petticoats, 3s.; 2 printed books, 2s.; 3 towels, 1s. 6d.; and 1 flat-iron, 6d.; the goods of Stephen White, her master; to which she pleaded
GUILTY . Aged 26.— Confined Six Months.
MR. HORRY. conducted the Prosecution.
WILLIAM PRITCHARD , slopseller, High-street, Poplar. The prisoner was in my service—on the 24th of Oct. I said I was short of money—he said he would take four coats, he knew he could dispose of them, which I agreed to—he took them away—I saw him again the following evening—he said he had pawned three of them, and the other one he had sold, but he had not got the money for that—I asked him for the money, and cautioned him when I gave him the coats not to leave them without the money—I was not acquainted with Mr. Appleby—he told me Mr. Appleby had detained the coats for a debt due to Appleby from him.
NOT GUILTY .
WILLIAM BARK . I am servant to Mr. Jenkinson, of Baker-street. Mr. John Bertram Ord was on a visit there, and about four o'clock, on the 12th of Feb., I was in the parlour—I heard the area door squeak—I ran to the door, and saw the prisoner on the area steps, with something under her arm—I asked what she had got—she dropped one boot—I caught her in the area—she dropped the other—they were Major Ord's boots.
Prisoner's Defence. I had a few laces to sell; the man came and said, "You have got a pair of boots;" I said, "No, I have not;" he picked them up; I did not drop them.
(The prisoner received a good character.)
GUILTY . Aged 39.—Recommended to mercy.— Confined Two Months.
WILLIAM HENRY GREEN , harness-maker, Mary-street, Whitechapel Between ten and eleven o'clock, on the 17th of February, I was in the Kingsland-road—the prisoner came up, pleaded poverty, and walked by my Side fifteen or twenty yards—she then came before, and stopped me—I felt her hand in my right hand waistcoat pocket, where I had a half-sovereign, two half-crowns, one shilling, and two sixpences, three minutes before—she went away—I put my hand into my pocket, and missed the whole of it—I ran after her—she stopped at the rise of the bridge—I laid hold of her—I saw her pass something from her hand to some females that were standing at the door of a public-house—I still followed her, till I met a policeman, and gave her into custody—she kept abusing me, and threatened to knock out my brains—she said she was going home; if I liked to follow her, I might—no one else had been near me that could have taken the money.
Cross-examined by MR. HORRY. A. Where were you going? A. Home—I had my money loose in my waistcoat pocket—I had not been drinking—this was not a very light part of the road—I met no one before I came to the bridge—a woman tried to stop me when I ran after the prisoner, but I ran past her—the prisoner spoke some words to a woman, and she tried to stop me—I did not stop and talk with her—the prisoner said, "There is a woman looking at us"—she then ran away, and I ran after her.
GUILTY . Aged 45.— Confined Six Months.
WILLIAM FROST , turner. About twelve o'clock, on Sunday night, the 18th of Feb., I was in the City-road—I had three half-crowns in my pocket—I met the prisoner—she put her hand into my left hand trowsers pocket-as soon as she took it out I looked into my pocket, and missed three half-crowns—she had left two pence—I said she had robbed me of three half-crowns—she said she had not—I said she bad, and if she did not give it me I should give her in charge—she denied it—I gave her in charge—no money was found on her—it was dark enough to enable her to get rid of it—it was three minutes before the policeman's coming up.
Cross-examined by MR. PAYNE. A. You had not felt your money for a quarter of an hour before? A. No—I had been to see my aunt, at Whitechapel—I was perfectly sober—I had not been drinking at all—the prisoner had not been with me two minutes—she wanted me to give her some ale—I told her I had no money—she got hold of my arm, and I could not walk on.
GUILTY . Aged 35.— Confined Six Months.
WILLIAM HOOK RODMAN . I live in Great College-street, Camden-town—Gray was my horsekeeper. I came to town on the 24th of Feb., and found the prisoners in custody—the constable showed me a sack with a mixture of oats, chaff, and beans, food for horses, which I believe to be mine—the sack I can identify.
Cross-examined by MR. PRENDERGAST. A. I believe you had a good opinion of Gray? A. I had till now—this food was cut up on my premises by Gray—I always buy my horses' food myself—my factory is at Seven-disk.
Cross-examined by MR. PAYNE. A. The sack was worth more than the food? A. Yes—the food 1s. 6d. and the sack 2s.
Neal's-yard, and saw Gray look out at the stable-door—he said, "It is a wet night, John"—I said, "Yes"—I saw another person in the stable with a sack—I stood behind the door—I saw Gray come and look out—he went in and came out again, then came a third time, and Wallace came out with a sack on his back—I stopped him—he desired me to let him go, and say nothing about it—Gray came up, and desired me to let him go, and he hoped I would not tell his master, it would be the means of his losing his situation—I took them to the station.
Cross-examined by MR. PRENDERGAST. A. Did you go back to the stable immediately? A. No—Gray had the stable-door in his hand when Wallace came out—I do not know that it is a common thing for one groom to lend another food.
Cross-examined by MR. PAYNE. Q. When you stopped Wallace, was he about twenty yards from the stable? A. Yes—I said, "You have got something wrong"—he said it had been given him by a person, mentioning a name I did not catch—he did not tell me where he was going to take it—at the station Gray said it was going to St. Andrew-street.
(The prisoners received good characters.)
GRAY— GUILTY . Aged 26.
WALLACE— GUILTY . Aged 40.
Recommended to mercy. Confined Three Months.
THOMAS EDWARDS . I live in Norfolk-street, Strand—the prisoner was my waiter. On the 23rd of Feb. I went to his house in Lancashire-court, Bond-street, with an officer—I found three books, and afterwards the prisoner in the room—these three books are mine, and one is the property of Mr. Gordon Batten, who lodged with me, but had left.
Prisoner. I was in his house on the 12th of Aug.; Mr. Batten instead of paying me gave me this book, and he had a lodger named Broughton, who was a great swindler; he gave me the other three books. Witness. I had a lodger named Broughton—he never had these books in his room—he is now on the Continent—he is in difficulties—the prisoner said this Bible was given him by Mr. Batten—Mr. Batten was produced at Bow-street, and swore distinctly he did not give it him—he is at the India House—there were two Mr. Battens living at my house—Mr. Broughton left rather before Christmas—when I first took the prisoner he made no defence of this sort—he said it was a piece of spite—I did not charge him with stealing the books—I did not know they were there till I saw them in the room—my object was something of more consequence—I know this if Mr. Batten's Bible—his name is in it—the prisoner knows that Mr. Batten is at the India House.
WILLIAM POCOCK (police-constable F 81.) When I took the prisoner he was charged by Mr. Edwards—he said he knew nothing about them, it was a piece of spite of Mr. Edwards'—Mr. Edwards had lost linen and other things—we found no linen, but we had been before and taken the prisoner's wife.
NOT GUILTY .
898. HENRY STACK and JOHN FOXCROFT were indicted for stealing 1 purse, value 1s.; 5 sovereigns, 1 half sovereign, and 7s., and one 10l. bank-note; the property of Samuel Lucas, from his person; to which
FOXCROFT pleaded GUILTY . Aged 21.— Transported for Ten Years.
cigars—I had a 10l. note, 5 sovereigns, a half-sovereign, and some silver in it—I did not stay in the shop longer than to buy—I did not smoke them there—I paid 1s. for the cigars—I could not say whether I put my purse into my pocket or not—I then went to the Strand, down Drury-lane, and missed my purse—it has not been found—I did not know the number of the note—Foxcroft has given me the number of it since—I carried my purse in my coattail pocket.
Cross-examined by Mr. BALLANTINE. Q. I believe you had an impression that you had left it on the counter? A. Yes.
JAMES DUNN (police-constable F 20.) I was on duty in Drury-lane on the evening of the 26th of Feb.—I saw the prosecutor walking down Drury-lane, and the two prisoners after him—I knew them by sight, and had seen then together before—I followed them down Drury-lane—when the prosecutor came to the corner of Princes-street, he crossed the road—Stack followed close behind, with Foxcroft—after I crossed the road I saw Stack put his hand into the prosecutor's pocket, and pull his hand out closed, he turned round—I faced him—he ran away—I ran after him, and fell down at the corner of the street.
Cross-examined. Q. When did you see him again? A. At Bow-street. I was porter to King's College Hospital—Stack had a hat on—I have seen Stack every night in Drury-lane—I have known him for the last two years, but never spoke to him—I saw his face on this occasion—I was going up, and he was coming down.
STACK— GUILTY . Aged 19.— Transported for Ten Years.
NOT GUILTY .
ANN QUIN . I am wife of James Quin, of Clare Hall-court, Stepney-green. On the 19th of Feb., I found the prisoner in my passage, and missed a pair of boots—on the 22nd she came again, and I found my boots on her feet—I gave her in charge—she said at first they were not mine, and then she owned to it—she appeared in great distress.
JANE SCOTT . I am a searcher at the station. The prisoner said she had lost the ticket of the holland, but she would not say where she had pledged it—she was very much distressed, and had nothing on but an old frock—I gave her clothes to put on.
(The prisoner received a good character.)
GUILTY . Aged 15.—Recommended to mercy.— Confined Four Days.
JAMES JACKSON . I am a piano-forte maker, and live in Camden-town. On the 19th of Feb., Donald gave me information—I ran out—I ran after the prisoner and caught him—I found nothing on him—he was taken to the station—he had taken this neckerchief from his bosom—it is mine, and had been hanging in my wash-house.
Prisoner. I went after my cap.
GUILTY . Aged 17.— Confined Three Month .
ALEXANDER MANN . I am a salesman. I had several pairs of boots on the 3rd of Feb.—I missed one pair—these are them—the prisoner had been in my shop that day—she came again after that, and I told her I had lost a pair of boots on the 3rd, and that she had pawned them—she said, "How can you say so?"—I said, "I know you have"—she then went down on her knees, and said, "I hope you will forgive me."
Cross-examined by MR. PRENDERGAST. Q. How long have you known her? A. Five months.
(The prisoner received a good character.)
GUILTY . Aged 16.—Recommended to mercy,— Confined Six Days.
WILLIAM TREDGETT . I am foreman to Messrs. Samuel Strong, Larchin, and Co., brewers. The prisoner was in their employ—two policemen came to me on the 9th of Feb., about half-past nine o'clock, at night and asked me if I had given any one orders to take anything "from my master's premises, which I had not—I do not particularly recollect these boards, and nails, and hinges, but we had such at some premises of my masters in Waltham-court, Cartwright-street, Rosemary-lane—the prisoner is a bricklayer.
Cross-examined by MR. BALLANTINE. Q. How long had he been in the service of your employers? A. From eighteen months to two years—he always conducted himself honestly—I have not missed hinges or wood from the job—it had been going on for five months—if these things had been taken out, and returned, my employers would not have complained—I left the prisoner to look to these things, and told him to gather them up, and take them to one of the unfinished houses in Waltham-court—I gave him general charge of the articles which were lying about—they were to be. put on one side, because it would not do to leave them open to every man.
JAMES HAMMS (police-constable K 248.) I met the prisoner about five minutes before nine o'clock at night, on the 9th of Feb., in Fair-place, Stepney, which is a mile and a half from Waltham-court—he was going towards his own house—I asked him where he got those boards from, which he had with him—he said from Long-acre, and was going to take them to Limehouse—I asked if he was a carpenter—he said, "Yes, a master carpenter"—I said I did not feel satisfied, I wished him to step with me to the station, which was about 150 yards off—he said, "You need not take me to the station, it a all right; the fact is, the carpenter gave them to me where I am at work"—I asked what carpenter—he said he was the foreman, and his name was Nat.—he did not know his other name, nor where he lived, that he himself was a stranger, and had not been in London above three months—I took him to the station, and there he told the sergeant, in my presence, that he would take me to the foreman, and show him to me, and that the foreman's
name was Tredgett, and he lived close by—I went to him, and asked him if he had authorized the prisoner to take any boards anywhere—he said, "No"—I went back, and told the prisoner, and began to search him—he put his hand into his left hand pocket, and took it out, closed—I asked what he had got there—he said, "Nothing"—I took hold of his hand, and found these four hinges—I said, "What have you got here?"—he said, in a low voice, "Throw them away, throw them away!"—I said that was worse than the boards—I found in his coat pocket, 1 3/4 lbs. weight of nails, which were the same sort some I examined at the houses.
Cross-examined. Q. Did you take any note of this conversation? A. No—I do not recollect having omitted anything.
GEORGE MURRAY (police-constable K 68.) I was with Hamms. I saw the prisoner passing with the two boards, and the nails and hinges were taken out of his pocket—he wished the officer to throw them away.
WILLIAM TREDGETT re-examined. The prisoner had an accident on his head—I have heard of it—any little thing agitates his mind very much—I have had him carried off the scaffold, and sent a man home with him.
NOT GUILTY .
904. JOHN HOSKINS was again indicted for stealing 10lbs. weight of nails, value 10d.; 4 wooden boards, 4d.; 5 yards of sash line, 3d.; 30 laths, 9d.; and 1/2lb. weight of glue, 6d.; the goods of Samuel Strong and others, his masters.
WILLIAM TREDGETT . I have examined the things stated in this indictment—they are all like what I have seen on my employers' premises—I had such laths and nails, and old boards like these—I believe them to be my masters, and this sash line and these laths—we have a great quantity of them—it is not possible to miss a small quantity.
Cross-examined by MR. BALLANTINE. Q. Do you not know that the prisoner has been employed to do jobs of his own? A. I have heard that he has—I know he had a contract to repair the plaster of three houses, and some old boards similar to these were taken down.
COURT. Q. Would he have been entitled to the boards? A. If he had asked me I should have given him leave.
NOT GUILTY .
905. WILLIAM JUDGE was indicted for stealing 1 anvil, value 32s., the goods of Isaac Howe: and 1 pair of bellows, value 3l.; 1 bellows-handle, 2s.; and 1 foot of iron pipe, 6s.; the goods of Isaac Howe, and fixed to a certain building; against the Statute, &c.
Cross-examined by MR. CLARKSON. Q. Had you a partner named Bannister? A. No—I work for him, and he at times works at my place—my goods had been distrained for rent about a fortnight before—the officer was not in possession—they were never out of my possession—part of my goods were taken away, and the rest were left to satisfy the rent—the anvil and these other things had been valued at 25s. by the man who was there—the rent being unsatisfied, such goods as were there were taken, and the fixed goods were left there to be liable for the rent—I know nothing of the prisoner—I have seen him come down the yard.
Cross-examined. Q. When you first saw the prisoner on the subject of buying them he was alone? A. Yes—two other men assisted him in lifting them into my shop—I have known him for years—he has a wife and ten children—I always thought him respectable.
GEORGE WEDGE , sawyer. On the 17th I was down the ride—I saw the prisoner—he asked me to give him a lift up with these things—I took them from Howe's premises, and lifted them up into the truck for him—he was drunk.
(The prisoner received a good character.)
GUILTY . Aged 47.—Recommended to mercy.— Confined One Month.
JOHN ELSWORTHY . I am servant to James Crabb. I left my basket of bread in the street, on the 22nd of Feb.—I missed a two-pound loaf, worth 4 1/2d.—the officer brought it back—I know it by its being my own make.
JOHN HARDING (police-constable S 166.) I was going down Albany-street on the 22nd—I saw the prisoner going on the other side, with something concealed, and, knowing him, I crossed, and saw him drop this loaf from under his frock—he said a lad named M'Cree gave it him—I saw M'Cree in the street, and he and two others made off—for what I know, M'Cree might have given it him.
NOT GUILTY .
Sixth Jury, before Edward Bullock, Esq.
MR. PAYNE conducted the Prosecution.
JOSEPH CHAPLIN . I am shopman to John Hawkins, grocer, High-street, Whitechapel. The prisoner was his carman and porter four or five months—about eight o'clock on the morning of the 13th of Feb. Mr. Hawkins was attending the jury here, and I was in his warehouse in Half-moon-passage, Whitechapel—the prisoner was there—I desired him to take a chest down, weigh it, and take it to the shop—it was about half or three parts full of tea—I fancied he was longer than usual about it—I went into the lower floor where I desired him to take it, and found him leaning over the chest with the lid open—it had been fastened down with a peg when it was up stairs—he had no business to open it—there was a hasp to it, and it shut with a kind of spring—it would not open very easily unless the hasp was lifted with the hand—I told him he was a long time about it, and he took it round to the shop—I looked about where I found him leaning over the chest, and found the soda scoop, which had no business in the room—I examined it and found some particles of tea adhering to it—the scoop was generally kept in the soda cask, in the stable—I had been in that floor a few minutes before, and the scoop was not there—I found this bag of tea between two small tubs, close by where the chest stood, when he was leaning over it—he afterwards returned from the shop with the empty chest, and took it into the stable, passing by the place where I had found the tea—I had the tea in my hand at the time in the counting-house—he afterwards walked out of the warehouse, and I saw nothing more of him that day—he did not come back to his business, nor say
a word to me before he went—he came again next morning—I have examined the tea in the bag, and in my opinion it is the same that had been in the chest—I cannot find any appearance of dirt, as if it had been on the ground and required cleaning and sifting—the warehouse floor has been swept—it was damp with molasses and runnings of sugar, and dirty saw-dust carried with the feet—there were one or two particles of the tea adhering to the floor, as if they had fallen from the scoop—there was no appearance of a chest having been upset—the tea that was in the bag was worth 12s.
Cross-examined by MR. PRENDERGAST. Q. You did not go to the shop? A. No—that is not in the same range of building as the warehouse—it is about three minutes' walk from the warehouse to the shop—there are three persons in the warehouse with the prisoner and myself, and there are persons in the shop besides—the tea was not all over the floor—there may be dirt in the tea, but it came in the chest originally—I can swear that dirt did not come from the floor—if a man should spill some he would take off what was at the top and carefully put it in a bag, and then take up the other and throw it away, but the floor must be cleaned after being swept up—it must have been swept to have gathered it up.
MR. PAYNE. Q. Supposing you had gathered up the clean tea and thrown away the dirty, should you put the clean in a bag to be sifted? A. No—put it back into the chest—it did not appear to want sifting or cleaning—the tea could not have been spilt, gathered up, and put into the bag, and the other thrown away in that time—if it had been spilt it would not have presented the appearance that in the bag did.
SAMUEL SIMS (City police-constable No. 58.) I was called into Mr. Hawkins's warehouse on the morning of the 14th of Feb., and the prisoner was given into my charge by Chaplin, he made no reply—on the way to the station, I said to the prisoner, "My lad, you have made a bad job of this tea,"—he said, he had been drunk the night before, and he fell over the canister and upset it, that he picked up the tea and put it into a bag to have it cleaned and sifted; he meant to return it whence it came—I received this scoop from Chaplin, and there is still tea sticking to it—there was stickyness, molasses, saw-dust, and sugar on the floor, but not a particle of tea was adhereing to it.
Cross-examined. Q. The floor was not all over treacle? A. No—where the chest bad been there was treacle—no part of the floor was clean—there was some treacle in front of the tubs, where the chest stood.
MR. PAYNE. Q. Did Chaplin point out where the chest had been? A. Yes—the floor was sticky, and had no tea adhering to it.
JAMES OSBORN . I am shopman to Mr. Hawkins. On the morning of the 13th, the prisoner brought the chest into the shop—I emptied it into a canister—I pointed that canister out to Chaplin, and he looked at it.
Cross-examined. Q. If you had taken any tea off the floor, you would if it was clean, put it back? A. Yes.
(The prisoner received a good character.)
GUILTY . Aged 28.—Recommended to mercy.— Confined Three Months
RICHARD BROOKER . I am shopman to Charles Greville Moore, linendraper, Shadwell. On the night of the 23rd of Feb., the prisoner came in—I am sure it was her—she asked for a cap, which I showed to her—she asked
to look at another—I took it down—Mr. Moore came and served her—I went on folding some handkerchiefs which were on the counter within reach of the prisoner—while I was doing that, I missed one silk handkerchief—I asked Mr. Moore if he had taken it—he said it might be at the further end of the shop—I went, and it was not there—the prisoner bought a cap and some ribbons, and went out—I went after her—she was running as hard as she could—I caught her, and said, "Mr. Moore wants you"—she said, "What for?"—as she was crossing the road she dropped this handkerchief—it is the one I missed.
THOMAS COOCK (police-constable 174.) I took the prisoner and this handkerchief—when she was brought to Mr. Moore, she begged of him to forgive her, and she would pay for it—she said, if she had got it, it must have stuck to some part of her clothing, she was unconscious of having it about her.
(The prisoner received a good character.)
GUILTY . Aged 16.— Confined One Month.
MENAHEN LEVY BENSUSAN . I live in Gordon-square. I was at Drury-lane Theatre on the 17th of Feb., before the doors were open, waiting in the crowd at the pit-door—the prisoner was close behind me, with his hand on my right shoulder—when the door opened, he drew the pin out of the front of my stock—I saw it and felt it—I turned round and followed him—he went out through the crowd—I called out, "Stop him," and he was stopped by a gentleman going into the pit—he fell down—an officer came up, and I gave him in charge—the pin was not found.
Cross-examined by MR. PAYNE. Q. What are you? A. Clerk to my father, who is a merchant—I am eighteen years old—I am quite sure I had my pin—I cannot say how many persons were about the pit-door before it opened—it was Saturday night—there was a great crowd—the prisoner was close behind me—I first saw a hand over my right shoulder—I did not feel inconvenience before the door opened—there was a great squeeze when the door opened—I did not see the pin in his hand—the gentleman who stopped him went into the theatre.
NOT GUILTY .
FRANCIS MANSER (police-constable S 87.) At a quarter to seven o'clock on the night of the 16th of Feb., I was in Fitzroy-place with M'Millan—I saw the prisoner running down Henry-street with something under his arm, and looking behind him, as though he suspected some one was after him—I followed him into Grafton-mews—I got down into the Mews, and saw him strike M'Millan—he ran away, and I after him, down several streets—I lost him—he dropped what he had under his arm in the Mews, and when I got to the station I found M'Millan with the copper—I took the copper the next morning to No. 6, Brook-street, and fitted it to the brick-work where a copper had been set—it fitted exactly—I first saw the prisoner about-fifty yards from that house—I saw him in the station-house on the 24th of Feb., and swear he is the man.
Cross-examined by MR. PAYNE. Q. What is Mr. M'Millan? A. I believe he is a grainer—he had been in my company about five minutes—he lives in the same house as I do—I have no beat, I am on private clothes
duty, and go anywhere about our division—M'Millan has been in one case before, but he was not in my company then—I never knew him going about fishing up cases—he had been out of work for the last two or three weeks, and that was the reason he had been about with me—I did not see what the prisoner had in the bag; I merely suspected it was a copper by the shape.
GEORGE M'MILLAN . I am a grainer and writer. On the 16th of Feb. I was with Manser, about a quarter to seven o'clock I was standing in Fitzroy-place, and saw the prisoner coming down Henry-street with a bag—he commenced running, and crossed into Grafton-mews—I saw him throw this bag under a truck—I told him I wanted him—he shuffled about, and struck me on the cheek—just as Manser was going to take him be ran off—I took the bag and the copper to Albany-street station—on the 24th I saw the prisoner again in Tottenham-court-road, about ten minutes before twelve o'clock—he passed me—I turned and followed him to No. 10, Eaton-street—he went in there—I told sergeant Taylor of it—he told me to stop till he came out—he came out about half-past twelve, and I told a policeman, who took him—I am sure he is the man.
Cross-examined. Q. Which arm had he the copper under? A. The left arm—I had just met Manser—I had not been doing anything that day, nor for some time—I do not make a practice of walking with Manser—I did not do this to get my expenses—I did it from a sense of public duty—I had not had anything to do in my business for three weeks—the last person I worked for was Thorn and Oxley, in Gray's inn road—I worked for them three weeks—I was a witness at the last Clerkenwell Sessions about a boy picking a pocket—I saw it done when I was in Great George-street seeing the Indians—I was a witness once before about a boy picking pockets—that may be two months ago.
LYDIA EVANS . I live with Mr. John Bale, printer, Brook-street, New-road. On Friday evening, the 16th of Feb., I was in the wash-house at half-past six o'clock—the copper was then fixed—I went again at half-past seven, and it was gone—I believe this is it—here is a white mark at the bottom, where it was burnt, and I have tried to clean it off.
Cross-examined. Q. Does Mr. Bale live in the house? A. Yes.
GUILTY . Aged 21.— Confined Four Months.
911. MICHAEL CARR was indicted for stealing 1 coat, value 2l.; 1 pair of trowsers, 1l.; 2 waistcoats, 1l.; 2 scarfs, 18s.; 1 stock, 10s.; and 1 breast-pin, 10s.; the goods of William Smith Green: and 1 pair of boots, value 5s., the goods of Edmund Collinson, in the dwelling-house of John Winch.
WILLIAM HALL . I am superintendant of the police at Birmingham. I apprehended the prisoner there on the 1st of Feb.—I took him to the station, and found on him a pair of trowsers and one boot—I then went to his lodging—he told me it was his lodging, and I there found this other boot—he said they were his own, and the trowsers too.
WILLIAM SMITH GREEN . I lodge in Thanet-street, in the parish of St. Pancras—it is Mr. John Winch's house—he lives in the house—the prisoner and Edmund Collinson lodged with me—I had a box in my room—it was not locked—on the 16th of Jan. I went to my box in the morning—the things were all safe then—I went out, and when I returned in the evening I missed the articles stated—these are my trowsers—that is all that has been found.
Prisoner. I bought the trowsers. Witness. I never sold them, he left his own trowsers and waistcoat in the house.
Green and the prisoner—I know these trowsers are Green's—these boots are mine, but the tops are cut off—I know the shape of them very well—I had a pair like them, and I lost them—I left the prisoner in bed when I went out that morning at a quarter to seven o'clock, and left these boots under the dressing-table—I had a box in the room which I kept locked—when I came home that day I found some one had been trying to break the box open, but had not done it, and my boots were gone.
Prisoner. I hope yon will have mercy on me; it is the first time I ever was in trouble.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
ELIZABETH BOWES . I live in Crawford-passage, Clerkenwell. On the night of the 27th Feb. I was passing the prosecutor's shop in Exmouth-street, and saw the prisoner take a roll of drugget from the door—she walked away with it—I gave notice at the shop, and saw her brought back.
PETER KINGT HOLDER . I am in partnership with Mr. Gardner—we are linen drapers, and live in Exmouth-street—I received information from Bowes—I went about twenty yards down the street, and found the prisoner walking with this drugget under her shawl—it is ours.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Two Months.
GEORGE SOMERVILLE . I live in Norfolk-buildings, Somers-town, and am a shoemaker. On the 23rd of Feb., the prisoner came to my father's shop and asked if he would change him a pair of shoes—my father said he was rather tipsy, and he appeared so—I then saw him go to Mr. Green's, take something off the rail outside, and put it into is hat—I ran to Mrs. Green, and told her—I then went after him—I saw him do several other things of the same sort—I spoke to the policeman who brought him back, took his hat off, and there was a waistcoat in it.
Prisoner. I bought the boots in the street. I picked the waistcoat off the rail, that is the fact, but the woman was in the shop at the time; that cannot be brought against me; it may after a time, but not now.
NOT GUILTY .
FREDERICK MILLS . I live with Mr. Thomas Reed, in Sidney-place, Commercial-road. On the evening of the 20th Feb., I heard a boy call out—I ran and saw the prisoner running round the corner of the next street—I went and caught her with this piece of print under her cloak—it is the property of Thomas Reed—I had seen it safe that day on a pile of prints.
GUILTY . Aged 38.— Confined Two Months.
NEW COURT.—Thursday, March 7, 1844.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Three Month.
GUILTY . Aged 63.— Confined Three Months
GUILTY .— Confined Six Months.
GUILTY . Aged 15.— Confined Four Month.
GUILTY . Aged 68.— Transported for Seven Years.
GUILTY . Aged 12.— Judgment Respited.
JAMES CLEMETSON . I am shopman to Joseph Allison, of Regent-street. About six o'clock in the evening of the 10th of Feb., the prisoners came to our shop to look at some shawls—they were shown a good many, but did not like any—the young man who was showing them went to another part of the shop for another shawl, and Heffren concealed one shawl under another shawl on the counter—then the young man went to another part of the shop for another shawl, and I saw Adams take that shawl and put it under her own—they then bought one, and paid half-a-crown on it—a young man came up and said that was not the way we did business, they roust pay for it or give their address—they declined that, and Heffren said she would come with her aunt on Monday and pay the remainder—I then told him what had happened, and he sent for an officer, who came, and in the mean time the shawl was found lying on the floor two or three yards from where the prisoners sat.
Cross-examined by MR. PAYNE. Q. Where were you? A. A few yards off—there were only the young man that was serving them and me in the shop—there were a good many shawls on the counter.
Adams's Defence. He said he suspected me of taking the shawl, but he was not sure.
HEFFREN— GUILTY . Aged 19.
ADAMS— GUILTY . Aged 19.
Confined Six Months.
High-street, Kensington. On the 10th of Feb. we had an iron pot safe, and missed that and a copper one on the 13th—I have found the lid of the copper pot and the iron pot—I have seen the prisoner at my father's—these are my father's.
Prisoner's Defence. I was by the station, and a boy named Cox called me by name, and said he would give me a few halfpence to do the horses; I went in, and when I got there, he said, "I have a bit of copper which I got in the marsh this morning, will you go and sell it?" I said, "It is not stolen, is it?" he said no; he got it, and broke it up; I went and took it to a marine store shop, and sold it for 6d.; and two or three days after he said he had an iron pot; I went and sold it; Cox is at work at Mr. Plummer's stable now.
GUILTY . Aged 20.— Confined Six Months.
923. JOHN COLLINS and MARY ANN SMITH were indicted for stealing 2 saddles, value 2l. 10s.; 1 pair of traces, 10s.; 1 back-band 5s.; 1 breeching, 10s.; and 1 pair of reins, 5s., the goods of Daniel Wilson: and 2 other saddles, value 1l. 15s.; 1 pair of traces, 7s.; 1 back-band, 4s.; I breeching, 6s.; 1 pair of reins, 5s.; 1 bridle, 2s.; and 1 chaise-cover, 1s., the goods of John Winder; and that Collins bad been before convicted of felony, to which
COLLINS pleaded GUILTY . Aged 21.— Transported for Seven Years.
FREDERICK CHARLES GOODWIN . About eight o'clock on Monday morning, the 19th of Feb., I went to my stable and missed my harness—it was safe the night before—part of this harness is Mr. Daniel Wilson's, and some of Dr. John Winder's.
JAMES CLIFFORD (police-constable G 91.) On Monday morning, about half-past six o'clock, on the 19th of Feb., I was on duty in Old-street—I saw the prisoners in company, each carrying a large bundle containing this harness—I asked Collins where he got it—he said from Mr. Martin of Spitalfields, but he could not tell the name of the street—I asked if Smith was his wife—he said she was, but Smith denied it at the station-house—another officer came and took her.
Smith's Defence. I have kept company with Collins about six months; I was walking about, and saw Collins; he said he was going to Spitalfields; I left him, and two hours after I met him in Old-street with two bundles; he said, "If you like to carry one a little way, you may;" I was going to return it to him, when I was taken.
SMITH— GUILTY . Aged 21.— Confined Three Months.
924. LEWIS GODFREY HARRIS was indicted for feloniously receiving, of an evil-disposed person, 280 brushes, value 3l., the goods of Jacob Worster, well knowing them to have been stolen; against the Statute, &c.
JACOB WORSTER , oil and colourman, New Compton-street, St. Giles'. About nine o'clock at night, of the 2nd of Feb., I locked my premises—my brushes were safe then—I went at half-past seven the next morning—the door was open, and the property gone—I heard no more of it till the 21st of Feb., when my man gave me information—I went to Bow-street, and got an officer—I went to Widegate-street, Bishopsgate-street, and saw the prisoner there—he had a parcel of brushes under his arm—he said he was going to take them
where he had taken the pencils—I had not mentioned to him about brushes—my man said, "You have got some of the tins under your arm"—he said, "Yes"—I said, "There is a public-house, we will go in and look at them"—we did so, and I found they were mine—I asked how he came by them—he said he had taken them in part payment of a debt—he then denied having the camel's-hair pencils—he said he had sold part of them for 9s.—we call these fiat camel-hair tins—these are brushes, and they are mine—he told me he had sold the pencils to Mr. Morley, of Lamb's-passage—I went there, and found them up in Mr. Morley's workshop—I went to the prisoner's house in Wide-gate-street, but did not find any brushes there—he did not give any account how he came by them—they are worth 29s. or 30s. a lot.
Cross-examined by MR. PRENDERGAST. Q. Did he not say he took then of a person in Clerkenwell? A. No.
WILLIAM CROW . I live in Baldwin's-gardens. I made some of these small brushes, and sold them to Mr. Worster—the prisoner came to me on the 25th of Feb., with a sample of these brushes—he asked if I would buy any—I said I did not buy them, I made them—he said he had got some more at home—I' then remembered that Mr. Worster had told me be bad lost a good many brushes—I said I knew a person who would buy some, and I would bring him down between five and six in the evening—I went and took Mr. Worster—the prisoner is a furrier—he does not keep a shop.
Cross-examined. Q. Had you known him before? A. Yes, for two years and a half—he supplies pencil-makers with fur—these pencils are made out of odds and ends of fur.
Cross-examined. Q. What could you make them up for yourself? A. I should not make them up, they are such common work—a great deal of the value of this is the manner in which it is made—the materials are worth nothing—some men do them for half what others will—they are made from 1s. a gross to 12s.—they were all mixed, and are of no use to me in the present state.
NOT GUILTY .
WILLIAM TWILLEY . I am a looking-glass manufacturer in Hackney-road. On the 16th of Feb., about eight o'clock, I missed a looking-glass from my shop—I had seen it safe about seven the same evening—it has not been found.
GEORGE UPHAM . I live in Crab Tree-row. About ten minutes to eight o'clock on that evening, I was coming with Croucher, and saw six boys looking into the prosecutor's shop—the smallest of them went in twice, and brought the glass out the second time—the other five were standing at the corner of the gardens, watching—the prisoners are two of them—M'Carthy was at the window, and Martin received the glass from the little boy—they then went down Cooper's-gardens—I went in and told the young man—they were taken the next morning—I new them again—I had seen them before, and am sure they are them.
Cross-examined by MR. HORRY. Q. M'Carthy did no more than stand at the window? A. No—they all went away together—I was not looking in
the shop at the time the little boy went in—there was no one in the shop the first time he went in—we stood about five minutes—I described the whole six of the boys to Croucher—I did not stop quite opposite the window—there was nothing to prevent their seeing me—I used to work at horse-hair work about six weeks ago—I have been doing nothing since—I am living with my father—I had been out of work eight weeks—I was discharged because they had no work for me—I do not know where the smallest boy who took the glass lives—I have seen him with the others—I have never been with him myself.
RICHARD CROUCHER . I was with Upham near the prosecutor's—I saw a little boy go in twice, and the last time he came out with a looking-glass—he gave it to Martin—M'Carthy was standing against the window—they all went away together.
Cross-examined. Q. What age are you? A. Twelve years—I and Upham were playing together—we had been opposite the prosecutor's about an hour—I had been for a walk with Upham round Hackney-road and by Shoreditch church—we live near each other—we both stopped opposite the shop.
Martin's Defence. On that night I was over the water selling my things—I did not get home till nine or ten o'clock.
(Mr. Charles Brooks, a box-maker, gave M'Carthy a good character.)
MARTIN*— GUILTY . Aged 14.
M'CARTHY*— GUILTY . Aged 15.
Transported for seven years—Penitentiary
MARY ANN DELLISTON . I am the daughter of John Delliston, and live in Dorset-street. On the 5th of March I was in the New-road with a basket—I set it down to rest, and the prisoner came up to me—I had never seen her before—she wanted me to have some beer—I said I did not like beer—she asked me to have some bread and cheese—I said I did not want any—she then put her pot down and took up my basket—there were four sheets in it and a pair of drawers—she unpinned the wrapper, and put the drawers between her legs and one sheet under her arm—I called a gentleman who was coming by, and he stopped her—the policeman took my basket to the office—I told him that the prisoner had the drawers between her legs, and she slipped them into the basket again.
Prisoner. I asked where you were going, you said to John-street; I said I was going that way should I carry the basket; you said, "Yes, if you please"; I took one side of it, and you had the other—I said "If you will take my loaf I will take the basket." Witness. No, you snatched the basket and said, "O let us carry it"—you undid the wrapper, put your hand underneath and took these things out—they did not fall out.
WILLIAM HUNT . I was in the New-road, and saw the prisoner stooping over a basket of linen—the little girl came crying to me and said, "Here is a woman got some things of mine"—I said to the prisoner, "What are you doing here?"—she said, "Nothing at all"—the girl said, "Please Sir, she has got them under her shawl"—and the prisoner drew it out from under her shawl and put it on the basket—the officer came and took them.
I got up, the little girl said, "These are the two things she took"—they were then on the basket.
Prisoner's Defence. I went on with the basket on my side, and I suppose the weight of the linen undid the bundle; I put it down, and held these two articles in my hand; I put them in again, and was going to pin them up, and this gentleman came up.
GUILTY .*— Confined Six Months.
MARY TAYLOR . My father, Thomas Taylor, keeps a shop in Bethnal-green-road. On the 20th of Feb., about half-past twelve o'clock, the prisoners came in and looked at some things—when they went I missed a mousseline-de-laine dress from the window—I ran out, brought them back, and gave them in charge—they had got about a quarter of a mile off—the dress has not been found.
MARY ANN SMITH . I was standing outside Mrs. Taylor's window, and saw the two prisoners go into the shop—Creed looked at some ribbons, and Wood stood with her back towards the window—she put her hand behind her, and drew the dress out, and leaned on her basket—there was another person outside, walking up and down—they then came out, and spoke to the one outside—that one crossed, and went down a street—the prisoners went down another street—Wood had an opportunity to give the dress to the other woman.
Wood. Q. Did you not say, "I think it was that one?" A. Yes, but I am certain it was you took it out of the window, and came out of the shop—Creed was looking at the ribbons, and purchased one—they went into the shop together.
Wood's Defence. I went in to buy a bit of ribbon—I know nothing of the gown-piece—there was no one waiting outside.
(Creed received a good character.)
WOOD— GUILTY . Aged 18.— Confined One Year.
CREED— GUILTY . Aged 17.— Confined Three Months.
WILLIAM LANGDON . I am a clerk, and live at Paddington. On the 23rd of Feb., about three o'clock in the morning, I was in Oxford-street—I had been to the Southwark Literary Institution, and was walking home—I met the prisoner—she asked me to give her something to drink—I said I had no money, but she urged me—I took out my handkerchief and pencil-case to give her 1 1/2d. which was all I had—she snatched the handkerchief and pencil-case out of my hand and went off—I walked alongside of her for some time, and tried to make her give them up, and she would not—I gave her in charge.
Prisoner. A. Did you not give me the handkerchief, and 1s. 2d., and tell me to go across the park? A. No, I did not—I had not my small-clothes unbuttoned—I did not pull you about.
and as soon as the prisoner saw me she ran away down Seymour-place, got into a house, and bolted the door—I got a man to help me to break the door open, and we found the prisoner with her back against the door and her feet against the wall.
Prisoner's Defence. He was pulling me about; I heard the policeman, and Iran to my door.
GUILTY .† Aged 20.— Transported for Ten Years.
BENJAMIN REEVE . I am a carpenter, and live in Northampton-row, Clerkenwell. I was repairing a house belonging to Mr. John Wilson in Vine-yard-walk—I saw the lead safe on that house about ten o'clock in the day on the 16th of Feb.—I went again between eight and nine the same evening, and part of it was removed—I have compared the lead brought by the policeman with that on the house—I am quite sure it is the same.
EMMA HAMEL SWAN . I live near this house of Mr. Wilson's. On the night of the 16th of Feb. I saw Watson run through my passage from the garden—Mr. Wilson's house is at the end of my garden, and Watson came as if from there.
WILLIAM JAMES SIMPSON (police-constable G 245.) I saw Watson on the roof of the prosecutor's house about six o'clock that evening—he ran from me, jumped on a building, scaled the wall, and got into Mrs. Swan's house—I found this piece of lead rolled up in the prosecutor's gutter.
SAMUEL DOYLE . I went to Mr. Wilson's house about nine o'clock that night—I found Hall in the gutter of a house three doors from that house—I found this piece of lead in the cupboard in Mr. Wilson's house.
Watson's Defence. I was taken ill, and went to a water-closet; the door of the house was fastened, and I got over the roof to get away.
Hall's Defence. I met Watson in Exmouth-street; he said he was taken bad in his inside, and went to a water-closet; the door slammed to, and he got over the wall.
WATSON— GUILTY . Aged 19.— Confined Six Months.
HALL— GUILTY . Aged 17.— Transported for Seven Years.
WILLIAM M'DONALD . I am shopman to Mr. David Williams, of Albion-place, King's-cross. On the 1st of March, about ten minutes to nine, the prisoner came into the shop to look at a pair of boots—I asked if he would try them on, he said, "Not at present, though I want a pair bad enough"—he went, and I missed a pair of shoes—these are them.
HENRY HEBARD (police-constable E 60.) I saw the prisoner on the evening of the 1st of March take these shoes from under his coat., and throw them between some railings—I picked them up—these are them.
Cross-examined by MR. HORRY. Q. You did not do it quite so soon as
you have told us now? A. No—I saw him about eight o'clock first, and this was about ten—I was dodging him about all, that time—I saw him do this in Argyle-square—he and another person were standing near the enclosed part of the garden—the other went away, and I went over to the prisoner—it is well lighted, and it was a very moonlight night—he did not run till I went and made a seize at him.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
Cross-examined by MR. DOANE. Q. The prisoner worked in your shop? A. Yes, for six months—I had a good opinion of him—I have known him six or seven years.
JOHN GREEN (policeman.) I stopped the prisoner with these things in Liverpool-road last Saturday evening—I asked him what he had get in the bag, he said some iron chains which he brought from Holloway, and they belonged to his father—I said he must go to the station—he said, "I wish I could meet my master, it would be all right"—on the way to the station he said, "Pray let me go, I know I have done wrong"—after the charge was taken, he said, "I may as well now speak the truth, the tools in the bag, except the hammer, are my master's."
GUILTY . Aged 25.—Recommended to mercy.— Confined One Month.
WILLIAM CHINO (police-constable D 97.) I took the prisoner—I told her it was for stealing a handkerchief and pencil-case—she said she did not steal them, that Charlotte stole them, and gave them to her to pledge—Charlotte denied it in the presence of the prisoner.
GUILTY . Aged 29.— Confined Six Months.
Cross-examined by MR. DOANE. Q. Did you see one of the prisoners in your shop? Q. Yes, I saw Batty there the evening before.
WILLIAM HOAD (police-constable T 148.) On the 10th of Feb. I took Sims—he said he knew nothing about this—when I had both the prisoners in custody, Sims said, "It would be a hard thing for a poor fellow to suffer for doing another man a kindness"—Batty said, "Yes, it would, and I can prove the shoes are not Murray's."
WILLIAM MURRAY re-examined. I saw Batty in my shop on Friday evening, but I suspect the shoes were taken on the Saturday morning, at eight o'clock—we were at breakfast, and my son found the front door was open.
Batty. I never gave Sims the shoes; I went to Brentford with my matter on Saturday, and met a young man who had been in the Union with me; I then met Sims; I went to Mr. Murray's for some things for my masters; I left Sims and the other outside.
BATTY— GUILTY . Aged 18.— Confined Six Months
SIMS— NOT GUILTY .
934. CHARLES LAWS was indicted for stealing 1 sovereign, the monies of James Laws; and ELIZABETH CORFIELD , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.: to which
LAWS pleaded GUILTY . Aged 11.— Transported for Seven years.—Parkhurst.
SUSAN LAWS . I am the wife of James Laws—we live on Saffron-hill. Charles Laws is my son-in-law—on the morning of the 26th of Feb. I found my box broken open, and three sovereigns gone—I found Charles Laws at Corfieid's house, in Goswell-street—my husband charged him with it, and he said he had lost one, and given Corfield the other two; and then he said he had given her 1l. 16s.—she said he was a naughty boy, and he did not—then she said he gave her a sovereign and 16s.—she said she had bought a pair of boots and some other things.
WILLIAM STEVENS . I am shopman to a linen draper in Goswell-street. On the 26th of Feb. Corfield came, and bought a pair of boots—she gave me a sovereign—I gave her change, and she bought a smaller pair for a little child.
HENRY THOMAS JACKSON (police-constable C 192.) I took Laws—I told him he was charged with stealing three sovereigns—he said, "I took the money, and gave Corfield 2l. all but 4s."—I took this parse from Corfield, and found 11s. 4d. in it.
Corfield's Defence. This boy came, and said his father was dead, and his mother had drowned herself; he said he had plenty of money; I had a bad pair of shoes: he told me to go and buy a pair; he gave me sixteen shillings and a half-crown; I said was it honestly come by; he said, "Yes;" I had my five children there, and he gave my youngest child a sovereign; I went to the linen draper's, and bought him a blue print for a pinafore, and some calico to make him a shirt.
CORFIELD— NOT GUILTY
MR. BALLANTINE conducted the Prosecution
ELIZA DENDY . I live in Montague street, Russell-square. About twenty minutes after three o'clock, last Saturday, I was walking in Montague-street, arm in arm with my cousin—I was walking on the side next the houses, and felt some person touch me—I turned round, and saw a person, not the prisoner—I said, "What are you doing?"—he made some reply—I saw some other person coming—I turned ray head to that person, and did not see which way the first person went—I had a brown silk purse in my pocket, on my right side next the houses, containing a half-sovereign, and the other money stated—I spoke to a gentleman that I saw, and in two or three minutes the prisoner was brought back in custody—I did not see a second man besides
the one who touched me at that time; but, in crossing the road, a person touched me, and I fancied I saw another man on the side of my cousin.
Cross-examined by MR. DOANE. Q. Then you saw two persons? A. Yes—I cannot say whether the prisoner was either of them—I did not look at the other man—I only saw there was another person—I cannot say whether one man was taller than the other—I have been examined about this—I only saw the face of one man, and I could not say whether it was the prisoner or not—the man I saw, but could not say who it was, was on my left side—my cousin was on my left—I had left my father's house about an hour and a half—I had occasion to take out my purse, as I had been in a shop about half an hour before—I carried my purse in the pocket of my outer dress—I know it was there, for I felt the weight of it.
ALICIA DENDY . I was walking with the prosecutrix in Montague-street, about half-past three o'clock—she stopped suddenly, and I heard her say, "What are you at?"—the person she spoke to said, "What do you mean? I am doing nothing"—just at that time I saw a brown purse on the ground—the prisoner stooped, picked it up, and ran away—when he started, I saw a shorter person with him, and they both ran away together—the prisoner was brought back in two or three minutes—I immediately recognised him as the person who picked up the purse—I am certain he is the person—he had run round the end of Montague-street, crossed the road, and went towards Bury-street—I there lost sight of him—we were about half-way up Montague-street when this happened.
Cross-examined. Q. You saw the man that your cousin spoke to? A. No—I did not turn to see who she spoke to, my attention was so taken up with looking at the prisoner—I did not see another man at the time—while my cousin was speaking to the other man, the prisoner was staring us full in the face, so that I could not help seeing him—there was nothing to prevent my cousin seeing him that I know of—the prisoner was standing behind me—I turned round when I heard my cousin speak—he was not at my side, but at the side of my cousin, somewhat behind her, and I have no doubt that he is the person who picked up the purse—I had scarcely lost sight of him before he was taken, only when he crossed the road for a minute, but I followed, and saw him in custody.
MR. BALLANTINE. Q. How far was the purse lying from your cousin when the prisoner picked it up? A. Two or three inches—it was lying between us.
JOHN BRADDICK (policeman.) I was in Little Russell-street, about 150 yards from Montague-street—Bury-street connects Little Russell-street with Great Russell-street—I saw the prisoner running from the direction of Montague-street, and some children after him—I stopped him—he resisted, and struck at me—my hat was knocked off—when I had got him in custody the two ladies came up—I took him down Little Russell-street to Bury-street—there was such a crowd I could not hear what was said—they said they bad been robbed by the prisoner and another man.
JOHN SNODER (police-constable E 164.) I assisted in taking the prisoner—one of the ladies said in the prisoner's presence that she had lost her purse, and he was one of the parties who ran away—he said, "I have not been near the ladies at all."
(Lieutenant Johnson, and James Stewart, a coal-merchant, gave the prisoner a good character.)
GUILTY .* Aged 31.— Transported for Ten Years.
JOSHUA MARTIN . I am clerk to William Allen, and live in Frederick-street, Hampstead-road. My master has a new house in Richmond-place, Hampstead-road—he had some glazed window-sashes there—these are them—I saw them safe at the house about ten o'clock in the morning on the 24th of Feb.
STEPHEN TAYLOR (police-constable S 11.) I produce the sashes—the prisoner had them in a truck about eight o'clock on Saturday night, the 24th of Feb.—I asked what he was going to do with them—he said to take them to Mr. James—I took him.
Prisoner's Defence. I was sent there
GUILTY . Aged 26.— Confined Three Months
RICHARD WILSON . I am in partnership with my brother William, and live in Wardour-street. We missed some lead on the 20th of Feb., when the policeman called—I have examined this lead—it is ours—the prisoner worked for me up to this time—the punch that these pieces are marked with I made myself rather in an unusual way, out of a flat chisel, and the ends of it are broken off—these holes were made on the previous Friday.
Prisoner. About seven weeks before I was taken I was in a public-house with a person named Thompson, who keeps a corner shop in a little street running out of Wardour-street; we had two or three pints of beer; he said he had no money, but would pay me the next day; the next day I saw him; he said he had a piece of lead there, if I would give him 1s. 6d. more he would give it me; seven weeks after, my wife was sick, and I wanted money; I went to sell it; the policeman asked me where I got it; I said of a person named Thompson, and if he would look out he would see him; he pretended to look out at the door, and then he said, unless I could give a better account of it I must go with him. Witness, I went outside, and allowed the prisoner to go out—there was no man, but the prisoner's wife was there—I told him I would go anywhere for him.
GUILTY . Aged 32.— Confined Six Months.
938. MARY BRIANT was indicted for stealing 4 waistcoats, value 3s.; 2 razors, 1s. 6d.; 2 pairs of trowsers, 2s.; 2 shirts, 2s. 6d.; 2 pairs of stockings, 4d.; 2 night-caps, 1s.; 1 jacket, 1s.; 1 pair of drawers, 6d.,; and 1/2lb. weight of soap, 2d.; the goods of Charles Benjamin Miller.
CHARLES BENJAMIN MILLER . I am a sailor. I fell in with the prisoner, and went into a public-house—I had a bundle containing these things—while I was talking to the prisoner they went away, I cannot tell how—these are them.
Prisoner. I met the prosecutor; he said, "Carry this bundle in your apron," and I did. Witness. I did not tell her to carry it—I had not known her before—she asked me to give her something to drink—I had been with her about two hours—she made no proposals to me to go home—I was not drunk.
THOMAS BARTON . I am a licensed victualler. Between eight and nine o'clock that evening the prisoner and prosecutor came to my house—they called for a pint of ale—about five minutes after the prisoner left—a short time after the prosecutor came and said something—about half an hour after
the prisoner was going past with the bundle—I ran out, brought her in with it, and told her to leave it—she said she would give it to no one but him, and I called in a policeman.
Prisoner's Defence. I went out with the bag, and came back to see if I could see him.
NOT GUILTY .
THOMAS KING . About five o'clock on the 28th of Feb. I was passing the Strand—I turned my head and missed my silk handkerchief—I had seen it safe five minutes before—the prisoner was behind me—I watched him—I afterwards told a policeman—he stopped him, and produced my handkerchief from the prisoner's pocket.
THOMAS SOUTHERN (police-constable H 37.) I stopped the prisoner—the prosecutor said he had got his handkerchief—I asked the prisoner if he had it—he said no—I asked him again, and he produced these two handkerchiefs—one is the prosecutor's; the other has "J. H." on it.
Prisoner's Defence. I picked up one; the other is my own.
GUILTY . Aged 28.— Confined Three Months.
Fifth Jury, before Edward Bullock, Esq.
GUILTY .*— Confined Six Months
TIMOTHY DONOVAN , labourer, Bluegate-fields. About four o'clock on the afternoon of the 28th of Feb. I met the prisoner at the corner of Union-street—I went to sleep with her—I had four sovereigns and 11s. in my trowsers pocket—I gave her 4s.—I put my trowsers under my head—I awoke in about two hours—she got up—she thought I was asleep—I felt her drawing my trowsers from under my head—I said, "What are you doing? none of your tricks"—she said something, and then went to bed again—I kept awake—I thought it was too late to go borne—I fell asleep about four—she was in bed all the time, and my trowsers under my head—when I awoke I found the door open, and my money and the prisoner gone—she had locked the door when I went to bed—the trowsers were safe—I came out, and saw her at the bottom of the street—she laughed and said, "Will you come and have anything to drink?"—I said, "No"—she persuaded me to go to the Bull's Head—she called for a quartern of rum—she went into the long room—I went out to call an officer, and when I came back she was gone—at night I went to the station, and told the sergeant—he and I and four officers came and found her sitting by the fire—I know no more about the money.
JAMES LEPARD . I am cellarman to Mr. Wright of Ratcliff-highway. Between seven and eight o'clock in the morning of the 28th of Feb., I saw the prisoner in the front part of the house—she asked for change of a sovereign—I only knew her by sight before—the change was given her by the bar-maid—she pulled out another sovereign, and asked for change, which the bar-maid refused.
GEORGE IRELAND . I live with my father, at the Old Duke William, Gravel-lane. At half-past seven o'clock on the morning of the 28th, the prisoner came with a sovereign in her hand—she called for two glassess of
gin and two glasses of ginger-beer—I sent the servant for the change—she said she would call again for it—she called with another female, and I gave it her.
CHARLES POULTON (police-constable K 212.) Between twelve and one o'clock on the morning of the 29th of Feb. I saw the prosecutor—I went to Bluegate-fields—I saw the prisoner, and told her I wanted her for stealing four sovereigns—she said she knew nothing at all of it; all she had had all day was half-a-crown.
Prisoner's Defence. The day he was paid he gave me two sovereigns and a half; I paid my landlady 10s., and gave her the sovereigns to mind for me; I went out at night, and saw this man—I was afraid of him, because he was always beating me—we went and had a quartern of gin—he said, "Will you go with me to-night?"—I said no, I would not—I went home and got the two sovereigns from my landlady—next morning I asked if he would have a drop of gin; I said I would go home; he said no—I went out; he followed me out, struck me, and gave me a black eye—he said, "I will learn you to sleep with other persons"—I was at home all day, and at night he came and gave me into custody.
NOT GUILTY .
942. JAMES GEARY REYNOLDS was indicted for stealing 2 pillows, value 4s.; 1 bolster, 6s.: 1 blanket, 2s.; 2 sheets, 4s.; 1 counterpane, 3s.; 1 chair, 1s.; 1 rug, 44s.; and 2 dishes, 1s., the goods of Richard Absolon.
ELIZABETH ABSOLON . I am the wife of Richard Absolon. The prisoner lodged at our house for eight months—he left on the 26th of Jan.—I went into his room the next morning, and missed the articles stated—these are them—they were let to him with the room—he did not return to the room—I met him in the street on the 27th of Feb.—the officer took him, and took me with the prisoner to his lodgings—I there found these articles.
Prisoner's Defence. I do not deny taking the things, but thought to be able to make all right by taking a little room; I took the things merely to cover me on the floor, which was my bed for five weeks; I was in great distress.
GUILTY . Aged 44.—Recommended to mercy.— Confined Four Months.
CHARLES REEVE , shopman to Mr. Tomlinson, pawnbroker, George-street, Marylebone. The prisoners came to our shop on the 29th of Feb., and Noakes offered a pair of boots in pawn for half-a-crown—I asked where she got them—she said she had not stolen them, they were her mother's—I kept the boots, and spoke to a constable, who went and brought the prisoners—they are the same persons.
GEORGE DINGWALL . I am an errand-boy to Thomas Death Dutton; he has a shop in Chapel-street, Edge ware-road. On the 29th of Feb. the prisoners came there—Brunt tried on a pair of leather boots, and Noakes stood beside her—they did not buy anything, but left together—a policeman came after-wards, and brought this pair of boots—they are my master's—I know them by the private mark.
his shop, where I received this pair of boots from him—Noakes said her mother gave her the boots—Brunt said nothing.
Brunt's Defence. I met Noakes; I went to buy a pair of boots, and while I was there, she took a pair off the chair and gave them to me; when we came out, she asked me for them again.
NOAKES— GUILTY . Aged 16.— Confined Three Months.
BRUNT— GUILTY . Aged 13.— Confined Six Months.
GEORGE SOMERVILLE . I am a shoemaker, and live in Somers-town. On the 23rd of Feb., about twelve o'clock, the prisoner brought a pair of blucher boots to my father's shop, and asked if he would change them for some smaller ones—he said he would have nothing to do with them—the prisoner put the boots on his own feet, and went out—I am sure these are the boots.
DANIEL TURNER . I am a shoemaker. These are my boots—they were on the steps at my door on the 23rd of Feb., about ten minutes before twelve o'clock—I lost them, and saw them again at the station on the prisoner's feet—I had not seen him before.
Prisoner's Defence. I gave 1s. for these boots to a man with a white jacket.
GUILTY . Aged 38.— Judgment Respited.—(See page 681.)
MARY BRYANT . I was in a public-house on the morning of the 28th of Feb., I saw Mrs. Fitzhenry there, sitting on a form with her head hanging down, the same as if she was in a faint—I saw both the prisoners there together—I saw Dipnell lift up Mrs. Fitzhenry's cloak and put her hand into her pocket—she was sitting behind the bar, and nobody was in her company but the prisoners—there was some men at the bar—I was sitting opposite Mrs. Fitzhenry—Simpkins was standing at the table with her hands under her own shawl—it was about half-past one o'clock—in about a quarter of an hour I saw Dipnell go to Mrs. Fitzhenry again—she rubbed her hand over her face as if she was trying to recover her, and then Dipnell untied her cloak, took it off and took it out—Simpkins staid there till Dipnell came back—Simpkins was very tipsy—I went and told the barmaid—when Dipnell came back she called for half a pint of liquor, and gave it to the men who were there—Mrs. Fitzhenry seemed to be asleep—I went and awoke her—she recovered herself and came and said to Dipnell, "Pray tell me what you have done with my cloak, if you have pawned it and will give me the ticket I will redeem it, I dare not go home without it, my husband will be so angry"—Dipnell denied having it—I said she was the person who took the cloak, and a policeman was sent for—several persons who were there asked Dipnell for the ticket—she said she knew nothing about the ticket nor the cloak—this is the cloak.
MARY FITZHENRY . I am the wife of John Fitzhenry, of Watling-passage—I was at the public-house—I had my cloak on, and 1s. 6d.—I called for a biscuit and changed my sixpence—I do not remember what happened to me—I
am subject to fits, and was taken ill there—when I was aroused I missed my cloak and money—this is my cloak.
WILLIAM LAWRENCE . I am servant to Mr. Bradley, a pawnbroker in Cable-street—Dipnell pawned this cloak for 3s.—she said the person was in great trouble, and gave it off her back to pawn, to get her out of trouble.
GEORGE MUMFORD (police-constable K 207.) I was called, and found the prisoners at the public-house—Simpkins said, "Don't handle me, I know nothing about the cloak"-Dipnell said, "I know nothing about it, I went in with this woman to get something to drink"—they were both drunk.
Dipnell's Defence. I got tipsy; whether Mrs. Fitzhenry sent me with the cloak or not I cannot say.
(Dipnell received a good character.)
DIPNELL— GUILTY . Aged 28.— Confined Six Months.
SIMPKINS— NOT GUILTY .
GEORGE PEASTON . I live in Paradise-place, New-road, and am a clock movement maker. Last Thursday evening I got drunk and was taken to the station—I lost some money while I was there, but I do not know how much.
THOMAS ZINZAN (police-constable N 67.) I found Mr. Peaston drunk in Hoxton—I took him to the station—I asked if he had got any money—he said, "Yes"—I saw him take a half-crown from his pocket, one or two shillings, two or three sixpences, and some copper—I had the half-crown in my hand, and noticed a mark on the head of it—I stood cavilling with him about it, and then I gave it him back—he put his money into his pocket and I placed him in the cell—next morning I saw there were several persons who had been locked up in the same cell with him, and amongst them were the two prisoners—I asked if he had got his money safe—he said he remembered having a half-crown and some odd pieces, but he could not tell what—I searched him and found a sixpence and a few halfpence on him—the half-crown was gone—this is the half-crown—I took particular notice of it—I am quite sure the prosecutor had it in his pocket the night before.
WILLIAM EDWARD BALL (police-constable N 365.) Last Thursday night I took the two prisoners into custody—I took them to the station, and searched them—they had no money on them—next morning I searched them again, and found on John Smith a shilling secreted in the collar of his waistcoat, and five penny pieces, three halfpence, and one farthing pinned in the flap of his shirt, and on William Smith I found the half-crown concealed in the pocket of his trowsers—he said, "It is mine"—previous to my searching them I asked if they had any money—they said, "No."
W. Smith's Defence. The prosecutor said "Let me out"; I said "I can't; he said, "I will give you all the money I have to let me out;" he gave me the money, and I thought it was halfpence, and in the morning I saw it was a half-crown; I said to him "Here is a half-crown;" he said, "No, I have got that;" I said "No, you have not;" he then said, "Keep it and divide it between you."
J. SMITH— GUILTY . Aged 19.
W. SMITH— GUILTY . Aged 18.
Confined Six Months.
saw a card of lace hanging just inside the door—I was looking at it, and while I was there the prisoner was standing close to my elbow—I then went into the shop for some other articles, and while I was there I saw the prisoner unpin the card of lace and take it and walk off—I gave notice—they went and brought her back.
EDMUND HOUGHTON . I am shopman to Mr. Joseph Henry Kendrick Mrs. Farquhar gave me information—I looked and missed the card of lace which I had seen a minute before about a foot within the door—I ran out and caught the prisoner—I begged her pardon, but I said "I think yon have got something that does not belong to you"—I laid hold of her, and the lace fell from under her shawl—I took her back, and the policeman took her—this is the lace—I know it by the marks on the card.
Prisoner's Defence. I picked it up on the ground.
GUILTY . Aged 35.— Confined Two Months.
DANIEL M'BEATH . I keep the Robart's Arms. About ten minutes past ten on the 22nd of Feb., I missed a coat from my private parlour—I had it in my hand the same evening—the prisoner has been in the habit of using the house—I went to look after him, but did not find him—he came to by house, and gave himself up—he said he knew nothing of the coat—there was a person named Welch there, who gave me information—I said if they would give me intelligence where the coat was I would take it out and forgive them—I have not found it.
Cross-examined by MR. WILDE. Q. How long has Welch been in your house? A. About three months—I have lost a great number of things, but never suspected Welch—when I made the offer if they would tell me where it was, neither of them made any statement.
JOHN WELCH . I am fifteen years old, and live with the prosecutor, at the Robart's Arms. On the night of the 22nd, the prisoner came into the tap-room—my master went into the parlour with a glass of rum-and-water—the prisoner came to me at the bar, and asked if I had nothing to give him—I asked what he meant—he put his head in the bar parlour, and saw my master's coat on the sofa—he said, "Can't you give me this?"—I said "I could not think of such a thing"—he said, "I will give you 3s. if you will say nothing about it, and say it was an engineer in the skittle-ground that took it, and he had red whiskers"—I said I could not think of such a thing, and he said, "If you say anything I will have your life"—he took the coat on his arm and ran out—I ran after him, and told him three times to come back—he did not—I was afraid to tell my master.
Cross-examined. Q. Your master has lost a great number of things? A. Yes, but I was not in his employ at that time, I was at sea—he lost some bagatelle balls while I was at home—I have heard of nothing else—there was only master in the house on this evening—the parlour my master was in is about a yard from the back parlour—I was afraid to call him, because the prisoner threatened my life—I followed him out of the door to the entrance of the fields, and there I lost sight of him—no one heard me call out—I told my master I had seen the prisoner take the coat, because he suspected me—my mistress and her niece were up stairs at the time.
COURT. Q. Were there persons about when you went after the prisoner? A. No.
he was quite innocent—he said, "Welch, I hope the truth will come out, and then you will get the worst of it."
NOT GUILTY .
JOHN ELLIOTT . I am shopman to George Frederick Lambert, pawnbroker, Old-street, St. Luke's. At half-past ten o'clock, on the night of the 24th of Feb., I was at the shop door—we had a stand there, on which we keep goods for sale—I heard a noise at one of the stalls—I went round, and saw the prisoner run from the shutters by which the stand is inclosed, to a van—I hallooed out, and he ran from the van—I laid hold of him directly he came from under the van—he dropped the mortice chisel, and pulled some putty knives and a bevel out of his pocket, and held them in his hand—I took them from him—I asked what he did there—he said, "What do you want?"—I picked them up—I had seen them on the stand about a quarter of an hour before—they are my master's.
Cross-examined by MR. PRENDERGAST. Q. This van was a very short way from you? A. Yes—it was a very few yards behind the shed—I cannot say whether the prisoner was quite sober.
JOHN JENKINSON (policeman.) I was called—Mr. Lambert said, "I give this man into custody for stealing these tools"—I attempted to take the prisoner—he drew his arm from me, and dropped this screw-driver—I took him to the station—he denied having them in his possession—after the charge, he said he went behind the stall for a certain purpose, and found the things.
Cross-examined. Q. He was not quite sober, was he? A. Ye—he did not appear to have been drinking at all.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined One Month.
HENRY HEADWORTH . I am assistant to Thomas Smith, pawnbroker, Pit-field-street. A little before four o'clock, on the afternoon of the 29th of Feb., I was behind the counter, and saw the prisoners together—Gabriel unpinned a table-cloth, which hung across an iron bar which was fixed in the door, and walked away with it—Johnson crossed over, and they went away—they were not a yard from each other—Johnson was looking at a shawl—directly Gabriel unpinned the cloth, she seemed aware what Gabriel was doing—I brought Gabriel back, and found this cloth under her shawl—It is my master's.
(The prisoners received good characters.)
GABRIEL— GUILTY .
JOHNSON— NOT GUILTY .
SOPHIA ELVIN , bookseller, Tabernacle-square. On the 16th of Feb. I missed three books from my stall outside the window, and I think a fourth—I can swear these three are my books—the other, I believe, is mine—I did not sell them.
WILLIAM HOLLAND (police-constable N 146.) On Thursday, the 29th, the prisoners were brought to the station on another charge—after that I went to their lodgings—I found at Johnson's two of these books, which the prosecutrix identifies;
and at Gabriel's I found two more, one of which the prosecutrix identifies.
ELIZABETH ROBINSON . I live in New-street, Bethnal-green. About three weeks ago the prisoners came to my house, and asked if there was a room to let—I said, "Yes"—Gabriel came by herself the next day—I told her to come in the afternoon, and she should have the key—she came, and I sent the key to her—she came back in the evening, and staid nine days—I saw Holland take these two books out of the room—I saw Johnson and Gabriel together two or three times, talking, against the door—I have seen Johnson at the opposite house, where Holland found the other books.
GABRIEL— GUILTY . Aged 20.
JOHNSON— GUILTY . Aged 18.
Recommended to mercy.— Confined Two Months.
(There was another indictment against Gabriel.)
NEW COURT.—Friday, March 8th, 1844.
Sixth Jury, before Mr. Common Sergeant.
CHARLOTTE BRUNDLEY . I keep a chandler's shop. The prisoner came to me, and begged very hard for me to lend her half a crown on these shells—she left them with me—she came a second time, and asked me to buy these other things of her—I have known her six or seven years—she makes congreve boxes—she declared they were her own—I lent her on the whole 5s. 4 1/2d.
Prisoner's Defence. I fully intended to return them; I did not leave the room.
GUILTY . Aged 31.— Confined Six Months.
(There was another indictment against the prisoner.)
JOHN MITCHELL (police-constable K 161.) I know this stove was fixed in the house No. 1, Arbour-square, which was in my charge—this store is one out of the four that were there—it was safe on the morning of the 26th.
WILLIAM SMITH (police-constable K 22O.) At half-past five o'clock in the evening of the 26th I saw the prisoner with this stove on his shoulders—I pursued him—he chucked it off, and ran away—he was taken.
Prisoner. I did not throw it there; it is only part of a stove.
GUILTY . Aged 39.— Confined Four Months.
prisoner was our servant—I have missed a great many pairs of boots—on the 23rd of Feb. I went to Mrs. Price's shop, in Cripplegate—I there saw thirty-four pairs of our boots and two pairs of shoes—I went borne, and told the prisoner to come with me to Mrs. Price's, and in going she said, "What do you want?"—I said, "You will see when you get there"—I said to Mrs. Price, "Is this the person who sold you the things?"—she said it was—the prisoner said, "Do you mean to say I sold them all?"—Mrs. Price said, "Yes you did."
Prisoner. The prosecutrix keeps very bad characters in her house, such as females who bring in men in the night, and rob them.
GUILTY . Aged 44.— Confined One Year.
GUILTY . Aged 54.— Confined Three Months.
HENRY BOON . I keep a boot and shoe shop in Clerkenwell. About eleven o'clock on the 9th of March the prisoner and his companion were standing at my window—his companion put his hand into the window, and took the shoes, and gave to him—he ran across the road—I pursued—he threw these down—the policeman stopped him—they are my shoes.
Prisoner. A young man met me, he asked me to go and take a drop of beer; I bid him good night; I was running away, and fell down; I was round the corner before the witness turned. Witness. I believe he was just round the corner, but I saw him throw the shoes down.
GUILTY . Aged 17.— Confined Four Months.
ELLEN WARD . I am the wife of Michael Ward. I purchased a shawl on the 4th of March, and took it to a house in Orange-court, Drury-lane, and showed it to the landlady—I afterwards missed it—I had it about ten minutes to eleven—this is it—I might have dropped it.
EDWARD RAWLINGS (police-constable F 66.) I saw the prisoner in Drury-lane, about eleven o'clock at night, with the shawl in her hand, showing it to three different women—she said, "This belongs to a woman, a lodger of mine, she is in prison for three months, and owes me some rent"—she walked away, I followed, and asked where she got it—she said a woman left it for sixpenny worth of oranges, because she had no money.
Prisoner's Defence. I came home to my lodging; I saw a woman coming out, and after she was gone I picked up this shawl.
NOT GUILTY .
JOHN ELLIOTT . I am shopman to George Frederick Lambert, of Old-street. On the 29th of Feb. I was outside the shop, talking to Hunt, and saw the prisoner—Hunt told me something—I turned, and asked the prisoner if she wanted a pair of boots—she said "No"—Hunt then said, "She has
stolen a pair of boots"—I went to lay hold of her—she turned towards the shop-door, and tried to put these boots down from under her shawl—she had got from the door, and was just turning the corner, when I first saw her.
Prisoner's Defence. I was looking at the boots as they were on the rail; they were not on me.
GUILTY .* Aged 28.— Confined Six Months.
JAMES COX . I belong to a vessel on the Thames called the Vansittart, Mr. Ralph Hart is owner, and John Stratford the captain. About half-past twelve o'clock, on the 4th of March, I went to the hatchway, and saw the prisoner down below, putting this rope into a bag of his own—he had no business there—he said he was getting water—he had got some of the rope into the bag—it is the captain's property.
Prisoner. The coal-heavers sent me down for water, and while I was getting it this man came, and sent me up the ladder; I never put the rope in the bag at all. Witness. The coal-heavers were on deck, working the vessel—I never sent the prisoner up the ladder—I went down, and detained him there till I got the master.
GUILTY . Aged 17.— Confined Four Months.
FREDERICK SMITH . I am the son of James Smith, who keeps the White Lion, in the Edgware-road. About three o'clock in the afternoon, on the 29th of Feb., I saw the prisoner come into the yard and take a pewter pint-pot off the horse—he ran away, and I after him—he was brought back to the house with the pot in his pocket—this is it.
Prisoner. I had drank rather freely; I did not take it to make a property of it. Witness. He appeared to be in liquor.
GUILTY . Aged 52.— Confined One Month.
961. JOHN EDWARDS was indicted for stealing, at St. Paul, Covent-garden, 1 coat, value 1l. 12s.; 4 waistcoats, 10s.; 1 pair of trowsers, 10s.; 6 gowns, 2l.; 2 shawls, 1l. 10s.; 2 frocks, 10s.; 5 aprons, 3s.; 1 table-cloth, 6d.; and 1 handkerchief, 6d.; the goods of George Lane, in his dwelling-house.
SARAH LANE . I am the wife of George Lane—we live at No. 6, Hart-street, Covent-garden. I went out on the 1st of March, and locked my room door—I returned a little before two o'clock, tried my room door, I found it moved a little way, but I could not push it any further open—Mr. Skelton, a lodger, was coming down stairs—I called him, and said 1 thought there was somebody in my room—I pushed several times, and got the door half open—I then saw the prisoner behind the door—he rushed out of the room, and Skelton caught him on the stairs—I found my drawers were open, and a large bag in my room—the things stated in this indictment were in the bag, and ready to be taken away—they are all ours—I called "Police" out of the window, and the policeman came—our house is in the parish of St. Paul, Covent-garden—it is our dwelling-house—these things are worth nearly 7l.—I am sure they are worth above 5l.—I locked my door when I went out, and had the key With me—it had been opened with another key.
Prisoner's Defence. I went to go to the next room; there was nobody there, and on coming down I was taken by the witness; I told him he had no cause to hold me. I waited there till the officer came; I was searched, and nothing was found on me by which I could open the room to get in. My mother came to see me yesterday, and one of the turnkeys told her I had already been tried and had three months, and she sent my witnesses to character away.
GUILTY . Aged 21.— Transported for Ten Years.
GUILTY . Aged 22.— Confined Four Months.
JOHN MAHONEY . I live with Matilda Arnold. On the 28th of Feb. she had two chairs outside against the rails—I was helping her up with a table, and saw the prisoner with the chairs—I said, "O, there go the chairs"—he dropped them, and ran and got down in a ditch—I laid hold of him, and he began to knock me about, and gave me a punch in the eye—he had got about four yards with the chairs—these are them.
Prisoner's Defence. He is mistaken at to my being the person; I was passing through Sun Tavern Fields; I went to a ditch, and he came and took me.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Ten Days.
THOMAS CLARK . On the 26th of Feb. I was minding my own door—I saw the prisoner and two other lads—they separated—one of them went and looked in at the prosecutor's window—I just turned my head, and saw the prisoner coming away from the shop with this chair, and the legs of it caught in the rails of the next house—I ran and took him and the chair back—the other two went off.
Prisoner. The chair was outside the door; I stopped to pick it up, and he took me. Witness. No, it was inside, and he must have gone right inside for it.
GUILTY . Aged 13.— Confined Six Months.
going through Turner-street last Friday night, between eleven and twelve o'clock—some girl spoke to me, and I saw the prisoner running away—she must have come close behind me, because I had felt a tug at my pocket—the other girl had me round the waist, and wanted me to go with her—I said, "Let me go, you have taken something out of my pocket"—I ran and caught the prisoner, and said, "Give me what you have got belonging to me"—she said she had nothing—I opened her shawl, and in her bosom—I found this handkerchief, which is mine—she said she had picked it up.
Prisoner. I saw him with his arms round a female's neck; I saw the handkerchief on the ground, and took it up; I walked along and he followed me; a gentleman came up, and said he saw me pick it up. Witness. A gentleman came and said, "If you do your duty you will give her into custody."
GUILTY . Aged 21.— Confined Three Months.
Cross-examined by MR. PAYNE. Q. Have you a wife? A. Yes, she sells things in my shop—I live in Playhouse-yard.
Cross-examined. Q. Are the mice here? A. One of them is—it is a grey mouse—the prisoner said his father would not allow him to keep them, because they stank.
Cross-examined. Q. Do you know a lad named Broughton? A. Yes, he had some mice at my house—two of those which were lost were his—there were nine mice lost—the cages were my own.
GUILTY . Age 17.—Recommended to mercy.— Confined One Month.
CHARLES GORDELIER . I live in Assembly-row, Mile-end. The prisoner was in my service—I had a blanket and bible under my care—I missed them—I found the blanket at a pawnbroker's, and the bible on the table at the prisoner's lodging—it was Sarah Lowndes' bible, but was under my care.
Cross-examined by MR. PRENDERGAST. Q. Had your wife a quarrel with the prisoner? A. Yes, I interfered by keeping the prisoner out of the kitchen with my elbow—I am not aware that I used any violence—I gave her warning in consequence of the quarrel, and she went away two days afterwards—she requested a month's wages, which I agreed to—she left on a Monday, and I went to her lodging on the Friday, and found the bible—I was informed that she came on the Thursday to my place, and informed my wife where she lived, and requested me to give her a character—I went to her lodging with the officer, and charged her with taking one of my blankets—I did not search, nor did I give the officers orders to search—I saw the bible on the table where she was sitting—I do not know where Lowndes was—I do not know whether she got a situation from any "Servants' Home"—her name was in the bible and "Epping Meeting"—she might have left my place two or three months—she was there when the prisoner was—when she went away her bible was left—that bible was used with others in my parlour at the time of family prayers—I do not know whether the prisoner used it—I told her to see that
it was not misused—there were other bibles—I do not know where it was kept—the prisoner said she was going before the Committee, and she should give up the Bible to them—Ellen Bryant was an inmate of the "Home," and she gave me information.
ELLEN BRYANT . I went to the prisoner's room at the "Home"—I saw a duplicate on the mantel-piece, of a blanket pawned for 1s. 6d. in the name of Seal—I asked the prisoner if she had any person belonging to her of the name of Seal—she said, "No, I shall get it out to-night; if you tell my master I shall lose my character for such a paltry thing as that"—after she was gone I told my master of it.
Cross-examined. Q. Did she know that your aunt's name was Seal? A. Yes.
NOT GUILTY .
968. MARIA JENKINS and CATHERINE KELCHER were indicted for stealing 14 1/2lbs. weight of tallow, value 5s. 6d.; 5lbs. weight of kitchen-stuff, 10d.; and 2 1/2lbs. weight of cocoa-nut oil, 7d.; the goods of John Edridge Walton, the master of Jenkins.
JOHN EDRIDGE WALTON . I am a tallow-chandler, and live in Duke-street, Leicester-square-Jenkins was my servant—I received information from Anderson—I have examined this property, and can swear it is mine—I can speak positively to this tallow and this cocoa-nut oil—Jenkins made a confession to me.
Cross-examined by MR. BALLANTINE. Q. But tell us what you said to her? A. Not a word—on Wednesday evening, at supper-time, she came in, dropped on her knees, and said she was a guilty wretch—I then begged of her not to speak.
Cross-examined by MR. PAYNE. Q. Did not she say they did it to get gin? A. Yes.
JENKINS— GUILTY . Aged 36.
KELCHER— GUILTY . Aged 34.
Confined Three Months.
969. JANE CURTIS was indicted > for stealing 1 cloak, value 10s.; 1 shawl, 8s.; 1 bonnet, 3s.; 1 pair of stockings, 6d.; and 1 handkerchief, 2d.; the goods of Dennis Connor: and that she had been before convicted of felony.
MARY CONNOR . I am the wife of Dennis Connor, a labourer, in George-street, Ratcliff. On the 2nd of Jan. I met the prisoner, and took her to my place out of charity—I gave her lodging for nothing—next day she left, and I missed my cloak, shawl, and other things—on the 27th of Feb. my husband sent for me, and I found her in a public-house—she wished to be very kind to me, but I gave her in charge—she pulled my handkerchief out of her pocket—I said, "That is mine, I will not touch it, but it is not hemmed, and there is a tear at the corner"—and it was so—this is it—when I first met her she had a man with her, who she said was her husband—I asked them to my house—she sent for a pot of beer—the man went, and left her—I did not
notice whether the prisoner was drunk—I do not know that she had fourteen sovereigns in her bosom belonging to any captain—she borrowed 7s.6d. of me—my husband did not find the prisoner and me lying on the floor when he came home—I am not in the habit of getting tipsy—I have only one bed—the prisoner slept behind me.
GEORGE CARR (police-constable K 166.) I took the prisoner—Mrs. Connor stated the things that she had lost—the prisoner said, "I know nothing about them"—when Mrs. Connor described the things, the prisoner said, "Would not you like to know where they are?"—Mrs. Connor said "Yes"—the prisoner said, "Then you never shall"—while we were waiting she took this handkerchief from her pocket—Mrs. Connor said it was hers, that it was not hemmed, and there was a tear in the corner—I examined it, and found it as she described.
Prisoner. Q. Did I not put the handkerchief out and say, "Is this yours?" A. No.
Prisoner's Defence. I met a captain on the Saturday evening, and we were drinking from one place to another till the places were all shut; then we went to her house and had three or four pots of half-and-half; the captain sat on a chair all night, and next morning we went away. On the Tuesday we met her again, and the captain said to me, "Do you know this person?" I said, "Yes, that is the person whose house we were at;" he crossed over to her and asked her to drink; we went home and had ever so home and had ever so much to drink; the captain left me there; she and I had more drink; her husband came home and found us both tipsy; he beat her, but seeing me there he said he would forgive her; the next morning I said I must go and meet the captain, as he was to give me some money; Mrs. Connor called a witness who saw me go out, and saw that I had nothing; when I came back I could not find Mrs. Connor's place; I then got into trouble and could not go; I had used this handkerchief to wipe her face when her husband beat her; it is not a handkerchief, it is a piece of cloth; there are plenty like this if I could have them here; when she said she should like to have her property, I said, "You shall never have it of me;" that was all I said.
GUILTY . Aged 28.— Transported for Seven Years.
(The prisoner has been convicted of felony twice before the above-named conviction.)
ANN ROBSON . I live in Fox's-lane, Shadwell. I was opposite Mr. Tuck's shop on the 21st of Feb.—I saw the prisoner take a lump of beef, put it under her shawl, and take it up stairs to her own house—I went and told Mr. Tuck, and he went after her, but he did not find it—I am sure I saw her take it, and she called her daughter down, but her daughter did not take it from her.
JULIA FITZ SUMMONS . Robson called me over and told me a person had taken the beef from the butcher's shop—I looked up to the window and saw the prisoner wrapping it up on the bed in a white cloth—she came down stairs with a great bundle under her arm and went away.
(The prisoner received a good character.)
GUILTY . Aged 42.— Confined Three Months.
WILLIAM HANNS . I am a butcher, and live in King David-lane, Shad-well. I have seen the prisoners loitering about my premises—I had lost a great many bones, and I gave notice to different shops—on the 28th of Feb. Mr. Vanteen sent for me, and I saw some bones which I knew were mine—I can swear to them—here is one I know well—I have chopped rather more off it than I commonly do—I had noticed it particularly, and could swear to it from a thousand—I had seen it three or four days before.
DANIEL DERRING (police-constable K 27.) Thomas Emmerson was brought to the station charged with stealing these bones—he said his brother told him to sell them—a little after he said Kitty told him to sell them—some time after Breeson's mother brought him to the station—I said he was charged with the Emmersons with stealing these bones—he said he knew nothing about them, but he was there—about ten o'clock that night John Emtnerson's mother brought him to the station—Breeson afterwards said they had taken the bones, broken them up, taken the marrow out, and sold it.
Thomas Emmerson. I was in our yard building a shed; I found the bones and took them to sell, and they took me.
NOT GUILTY .
JOHN RUSSELL (police-constable G 165.) I stopped the prisoner on the 2nd of March, about half-past seven o'clock in the evening, in St. John-street, with this bag on his shoulder containing leaden pipe—he said he picked it up.
Prisoner's Defence. I was going down St. John's-street-road; I saw the parcel, and picked it up.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Three Months.
EDWARD STRICKER . I live in Upper Seymour-street. Last Saturday night, about ten o'clock, I was at my door, and saw the prisoner take this pork from the tray at Mr. Collins's, who lives next door to me—she passed my door—I gave information, and she was taken.
ALFRED HOLMES . I am foreman to Charles Collins, a butcher. I missed the pork—I went after the prisoner, and took her—I found no pork on her, and she said she knew nothing about it—the boy found it at the corner of Adam-street, where the prisoner had passed—it is my master's.
Prisoner. I was going down the street, and two men passed by, and said I had been drinking; I said I had not; I passed on, and a boy came, and said had I got any pork; I said, "No."
WILLIAM JAMES BASTICK . I saw the prisoner at the corner of Adam-street—I asked her where the pork was that she stole off the tray—she said, "I don't know where the pork is, there is the man that gave me the rum"—I looked
about, and found the pork under Mr. Chambers's window, which is between the place where I found the prisoner and where the pork was taken from.
GUILTY . Aged 34.— Confined Two Months
MARY ANN DOWNS . I was serving in Mr. John Braid's shop on the 29th of Feb. about eight o'clock—the prisoner came in for a farthing's worth of peppermint—he put down a halfpenny, and before I could give him the change he snatched a piece of almond rock from the window, and ran out—I am sure he is the person—I knew him before—he was brought back the next day.
GUILTY .† Aged 12.— Confined Six Months.
THOMAS TUCK . I am a butcher, and live in High-street, Shadwell. On the 5th of March I was standing in my parlour, about a quarter past eleven o'clock—I saw the two prisoners and another boy pass—they turned back, and one of the three took a piece of mutton—I ran out, and caught Horton, with something—I took the mutton from under his jacket—I then caught Flynn, and took them both into my shop—I am sure they were together.
Flynn. I know nothing of this lad.
FLYNN— GUILTY . Aged 15.
HORTON— GUILTY . Aged 13.
Confined Two Months
JOSEPH STENNETT . I am foreman to Joseph Mears, butcher, Whitechapel-road. Last Saturday night, about half-past nine o'clock, I saw Hill in the shop, pulling the salt beef about in the tray—my master told her to go out—she turned round, and abused him for pushing her out of the shop, and in the meantime two officers brought in the other two prisoners, with two pieces of beef, which I knew to be my master's.
EDWARD BURGESS (police-constable H 198.) I saw Hill and Walters go into the prosecutor's shop—Hill took up two pieces of beef and handed them to Walters, who came out and handed them to Williams, who was outside, and she rolled them in her apron—I took Walters and Williams.
Hill's Defence. The officer brought these other two women in; I know nothing of them, nor the beef.
Williams. I was picking the beef up from the front, when the officer asked what I had got; I said I did not know.
HILL— GUILTY . Aged 32.
WALTERS— GUILTY . Aged 60.
WILLIAMS— GUILTY . Aged 40.
Confined Four Months.
SARAH GOLTON . I am the wife of George Golton, of Wheeler-street, Spitalfields Last Saturday night I saw the prisoner loitering about my shop—soon after I heard a noise—I turned, and saw my window was lifted up about three inches, and the prisoner had got this box of cigars half-way through the window—I pulled them away from him—I am sure he is the boy.
Prisoner's Defence. I was going by, I heard a cry of "stop thief," and was taken.
GUILTY . Aged 15.— Confined Three Months.
Prisoner's Defence. I went into a public-house in Whitecross-street, and found the basket and tools.
GUILTY . Aged 21.— Confined Three Months.
ANN RAWLINGS . I am the wife of John Edward Rawlings, and live in Tottenham Court-road. On the 5th of March, between seven and eight o'clock in the evening, I saw the prisoner take a book from our door—he got four houses off—I ran and stopped him—I heard him drop the book—this is it.
GUILTY . Aged 25.— Confined Three Months.
MICHAEL MONAGHAN . I am a labourer. On Sunday morning, the 3rd of March, I was at the prisoner's house—she keeps a night gin-shop in George-yard, Golden-lane—I went there to drink gin—I saw Hosty lying on the bed, and the prisoner picking his pockets of some shillings and sixpences—I saw it in her hand—I do not know what she did with it—I thought Hosty belonged to her—when he awoke, he put his hand in his pocket and said he was robbed—I told him I had seen her picking hit pocket—there was no search for the money—he went to the station.
Prisoner's Defence. This man knocked at the door between one and two; he was very drunk, and brought a woman with him; I let him lie on the bed till about four o'clock, when I wanted to go to bed; I turned him round to get him off, and 6d. in copper fell out of his pocket; I took them up and laid them on the table; I said "You dropped these coppers;" he took them and said, "I am robbed;" the woman that he had with him said she would swear he had not a farthing with him; he locked me up, and sent three times to me, that if I sent him 5s. he would not appear against me; I said I would sooner go and suffer the law than give what I never took.
CHARLOTTE WATSON . I keep a chandler's shop. I have known the prisoner twelve years—she worked for me twelve months—I always found her honest and just, and never saw her in liquor—the prosecutor came to me
on the Sunday morning with the prisoner's husband, and said if I would give him 6s. he would not appear—I said "I don't believe she took the money, I shall not do anything of the sort"—on the Monday, he said, if I would give him 5s. he would not appear—I do not know that the prisoner keeps a gin-shop—a person gave her 5s. 6d., in my presence, for goods she had had at my shop for her, and I know her husband bad three days' work.
GUILTY . Aged 36.— Confined Six Months.
JOHN WILLIAMS . I am the master of Spitalfields parochial school. I missed a copper and 5lbs. weight of lead from there, on the morning of the 6th of March—it was safe the night before—it is the property of the Rev. William Stone, the rector, and the other trustees—I can swear the copper produced is the one.
THOMAS BESBE (police-constable H 84.) At half-past twelve on Tuesday Bight the 5th of March, I was in Cox's-court, Red Lion-street, and saw Jones going up a staircase—I looked further and saw Dawson with something—I followed him and found he had this copper, and Jones was following him up stairs.
Dawson. Q. Where did I take it? A. You put it on the first flight of stairs, and went up the second flight, and got under the bed—Jones was standing at the foot of the bed—I asked a man who was in the bed if he knew Jones—he said no.
Dawson's Defence. The man in the room gave me leave to sleep there when I wanted; his name is Gilbert; he is now outside; when the officer took Jones, he said there was another one with a white jacket on.
THOMAS BESBE re-examined. I did not see any other man there—the man in the bed said he did not know the prisoners, except that he had seen Dawson, but he did not give him leave to sleep there—Dawson was lying flat on his belly under the bed.
DAWSON— GUILTY . Aged 30.
JONES— GUILTY . Aged 28.
Confined Four Months.
GUILTY . Aged 18.— Confined Three Months.
983. GEORGE HULL, MICHAEL GAVAGAN, ROBERT WATSON , and JOSIAH LANG were indicted for stealing 2 planes, value 7s. 6s.; 2 saws, 10s. 6d.; and 1 oil-stone, 2s.; the goods of Thomas Conrad Kleim: and ELIZABETH IMPET , for receiving 2 planes and 1 oil-stone, part of the same, well knowing them to have been stolen; against the Statute, &c.
MR. DOANE conducted the Prosecution.
THOMAS CONRAD KLEIM . I work at Mr. Smith's, in Tabernacle-row. I left my tools on the bench there on the 29th of Feb., about half-past five o'clock—I have seen Gavagan about the yard—he had business there—he
knew the premises, and would know the time I left work—I went next morning to Impet's with a policeman—she produced a bag with the two planes and an oil-stone in it, which are mine.
JOHN WESTBURY (police-constable N 215.) About half-past seven o'clock this evening I saw Watson and Lang in Hoxton Old-town—Lang had something under his coat—I asked what he had got there—he said a saw—it was this tenant-saw, and another saw fell from under his coat—Watson said his master had sent him to meet Lang, and if it was all right he was going to buy the two saws of him—next morning I went with Kemp the policeman to Impet's, who keeps a marine-store shop in Long-alley—I saw Kemp find the bag, two saws, and the oil-stone.
JOHN FORD . I am fifteen years old. I was at the Caledonian Coffee-shop, Shoreditch, at one o'clock in the morning of the 1st of March—I saw Hull and Gavagan there—I had known Gavagan when I was in the work-house—I staid some time—they seemed very miserable, and I asked what was the matter with them—they both spoke, and said they had stolen two planes, two saws, and some other things, from Mr. Tomlin's and a scraper and umbrella-stand, and told me where they had taken them to—I told the policeman.
Cross-examined. Q. What did you do at a coffee-shop at one o'clock in the morning? A. My work was very slack, I had only 1 1/2d., and had no money to pay for a bed—I went in there and had a cup of coffee—I had been walking about before by myself—I was in the King of Prussia till twelve—I went in there at nine with a man I work with—after I left the coffee-shop I went to Kemp's house—I have been getting my living since by jobbing about.
GEORGE KEMP (police-constable N 82.) I received information from Ford—I went, at four o'clock in the morning," to the Caledonian, which is open all night—I found Hull and Gavagan there—I took them out, and asked them if they knew that their companions were in custody—they said, "Yes, for stealing saws"—I said I should take them for being concerned in the same robbery—I took them to the station—I then went and inquired for Impet's shop in Long-alley—I went there about half-past seven—she was opening the shop, and putting her things out—she asked what I was looking for—I said I wanted a small stove—she said, "I have got two inside"—I went in and saw one—I asked what she wanted for the one I was in search of—I then said, "You had a quantity of tools brought here last night"—she said, "I had not"—I said, "I know you have"—she said, "Upon my word, I have not"—I said she must consider herself in custody, and said to my brother officer, "Let us turn to and search the place"—she then pulled out the bag which contained these two planes and oil-stone, and said she was out the night before, that a little boy, eight years old, was at home, and some lads left the tools there.
Cross-examined. Q. Was Westbury there too? A. Yes, I have no doubt he heard all this contradiction—the prosecutor was there too—Impet took the planes out from under the bedstead when I had been there ten minutes—I was in plain clothes.
JOHN TOMLINS , ironmonger, Tabernacle-square. On the 27th of Feb. I had this stove safe—I missed it on Tuesday, and it was found on Friday—it is mine—this scraper I believe to be mine, but cannot identify it.
Cross-examined. Q. Where was this stove taken from? A. Opposite my door.
Lang's Defence. I was going along, and a man said he would give me a
sixpence to pawn them, and if any one asked me whose they were, to say my father's.
(Impet, watson, and Gavagan, received good characters.)
HULL— GUILTY .
GAVAGAN— GUILTY .
LANG— GUILTY .
Confined Six Months.
WATSON— GUILTY .— Confined Ten Days.
IMPET— GUILTY .— Confined One Year.
There was another indictment against Impet.
Cross-examined by MR. HORRY. Q. When did you see them last? A. At the door, pinned to other goods.
Cross-examined. Q. There were two other persons with him? A. Yes, I saw them coming along together—he told me he bought them in petticoat-lane, but he was not a hundred yards from the prosecutor's.
(The prisoner received a good character.)
GUILTY . Aged 20.— confined Six Months
985. JAMES DRAKE was indicted for stealing 1 watch, value 1l. 5s., the goods of John Smith, his mater: and JOHN KIRBY for feloniously receiving the same, well-knowing it to have been stolen; against the Statute, &c.
THOMAS SMITH . Drake came in to my father's for his two days' wages—he said, "Where is your father?"—I said, "He is gone out; he won't be long; will you sit down?"—he sat down, and said, "Let me see what time it is?"—he stood up, took the watch down, and looked at it—I said, "If you don't put it back, my father will come in, and you will get into trouble"—he said he wanted to go to the water-closet, and went away with the watch.
JOHN BERRIDGE (police-constable G 40.) I apprehended Drake'at a public-house in Liquorpond-street on the 28th of Feb.—I asked if he had taken a watch—he said yes, and given it to a man to pledge—he gave me this duplicate of it—he said, he had received half-a-crown out of 8s.
JAMES THOMAS (police-constable G 139.) I took Kirby—I told him he was charged with receiving a watch that had been stolen—he said a boy had given it him to pledge, and he had pledged it for him in Gray's-inn-road, and given the boy half-a-crown out of the money.
Kirby's Defence. Drake came to me and said, "I was coming down Barbican just now, and found a watch in an old black handkerchief;" I said, "you rascal, you have stolen it;" he said, "No, I picked it up;" I said, "Why don't you take it home?" he said he had got no home, and he should be obliged if I would sell or pawn it for him; I went where my wife generally goes, and put it in my own name and address; it was getting late;
I said to Drake, "What are you going to do with the money?" he said, "I am going to Duke's-place to buy oranges, and get my living;" I said, "I will give you half-a-crown, and when you want more you can have it."
DRAKE— GUILTY . Aged 14.— Confined Six Days and Whipped.
KIRBY— NOT GUILTY .
WILLIAM KING , laceman, New Church-street, Marylebone. About eight o'clock in the evening of the 4th of March, the prisoner came to my shop, and asked to see some rosettes—I showed him some—he did not like them—he wished to see some ribbon to make some—I showed him a drawer of ribbons—he bought one yard of three different colours—he then wanted to see some satin ribbons—I saw him take one piece of white satin ribbon form the drawer, slide it on the counter, then take his handkerchief from his pocket, take the ribbon up with the handkerchief, and put it into his pocket—I went round the counter, collared him, and asked how many pieces of ribbon he had in his pocket—I said, "I saw you take one piece, but I believe you have a dozen"—he said he had none at all—I called my brother-in-law, Henry Albin—I put my hand into the prisoner's pocket, and took hold of a piece of ribbon—he thrust his hand in and took it from his pocket with his handkerchief, and put it on the counter, with another piece of ribbon—I had not sold him either of these—there are thirty-three yards of it.
Prisoner. Q. Did you not pull them out of the box, and place them on the counter? A. No.
Prisoner to HENRY ALBIN. Q. Did not you place this ribbon on the counter? A. I shifted this piece away, that there might be no mixture of them—I saw one piece of ribbon drawn out of his pocket and laid on the counter.
GUILTY .* Aged 24.— Transported for Seven Years.
MARGARET FRANCES DODDINGTON . I am in the service of Mrs. Hazell. The prisoner was employed there on the 2nd of March, to sweep the chimney—my watch hung in the kitchen—I missed it at half-past three o'clock—this is it.
Prisoner's Defence. I found the watch in the Albion-road.
(The prisoner received a good character.)
GUILTY . Aged 12.— Confined Six Days and Whipped.
GUILTY .* Aged 19.— Transported for seven years.
JOHN BREWSTER ROSE . On the 1st of March I saw the prisoner near Mr. Gibbons's drying-ground—I saw Nichols unpin the gown, and take it—Keeley stood close by his side—I went to the window and called the potman, and they were taken.
NICHOLS— GUILTY . Aged 15.
KEELEY— GUILTY . Aged 15.
Confined Three Months.
GUILTY . Aged 24.— Confined Three Months.
GUILTY . Aged 18.— Confined Three months.
GEORGE FREDERICK LAMBERT , pawnbroker, Old-street, St. Luke's. I was in the shop on the 26th of Feb.—I received information, and saw the prisoner about twenty yards from the shop—I stopped her and asked her what she had got—she dropped this cloak, and two other articles.
Cross-examined by MR. PAYNE. Q. These things could be taken without coming into the shop? A. They must have come to the door—there was another woman with her—I am sure the things dropped from the prisoners and the other woman had left her.
GUILTY . Aged 30.— Confined one year
MARY DOOLEN . I am the wife of Thomas Doolen, and live in Ogle-street. On the 9th of Feb. the prisoner come to nurse my husband, who was ill, and came into the room—I was absent ten minutes—when I came back I missed my dress off the door, and a lace dress—she took a jug to go for some beer, and did not return.
Prisoner. I had been not of service for the last six or seven weeks.
GUILTY . Aged 27.— Confined Three Months.
MARY PILGRIM . I was a widow—I married the prisoner three years ago a fortnight before last Christmas, at Bow church—he was a widower—I had no money, and had three small children—he has always kept them, the protected them, and been an excellent husband to me till he was taken.
GEORGE OSBORN (police-constable K 129.) I took the prisoner at Titler street, Poplar—I told him it was for bigamy—he said he did not know what it was—I told him it was for marrying two wives—he said, "I Known I went to church with the first one, but never said anything or paid anything."
GUILTY . Aged 52.— Confined Six Months.
MARY HOWARD . I am the wife of Jeremish Howard. On the 23rd of Jan. I lost nine sheets—the prisoner was in my place at the time—I gave her two of them to lay on the bed—these are four of my husband's sheets.
MARY ANN REDMAN . I am the wife of policeman. I searched the prisoner, and found nineteen duplicates on her—she told me there were four for the sheets belonging to the prosecutor—I went to the pawnbroker's, and found the four sheets.
Prisoner's Defence. I pawned them; one for 4l., one for 6d., and two for 7d., being in great distress.
GUILTY . Aged 52.— Confined Three Months.
996. JOHN BARTLETT was indicted for breaking and entering the dwelling-house of Robert Higgins, at St. Matthew, Bethnal-green, ant stealing 4 pinafores, value 5s.; 5 handkerchiefs, 1s.; and 1 sheet, 6d.; his good.
WILLIAM REEVES . At half-past two o'clock on Friday afternoon, the 1st of March, I was working on a piece of ground opposite Mr. Higgins's house—I saw the prisoner and another boy loitering about a long while—I saw the prisoner get on a window sill near Mr. Higgins's—he tried to force the window down ten or twelve times, but could not—he then went to Mr. Higgins's house, and got on the sill, and tried to get the window down—he forced down the top sash, and unfastened the bottom one, and then shoved them both up together—he went and fetched his companion, who had a bag, from the corner of the street—the prisoner went to the window, jumped in, and the other boy was holding the bag outside—he handed the things out to him—I then went and caught the prisoner, who ran away—I brought him back to Mr. Higgins's shop—I am sure he is the boy.
ROBERT HIGGINS . I live in King-street, Bethnal-green. On the 1st of March I was in the parlour, and heard a knock at the door—I was into my room, and saw a table which has stood in the room, pulled to the window,
and the bag on the ground—Reeves brought the prisoner back, and said he was in my place—these things were outside on the pavement.
GUILTY . Aged 15.— Confined One Year.
Fifth jury, before Edward Bullock, Esq.
997. WILLIAM SMITH , THOMAS MAYNARD , and RICHARD PRICE , were indicted for stealing 174lbs. weight of granilla, value 20l.; 56lbs. weight of nitrate of soda, 20l.; and 1 truck, 3l.; the goods of Thomas Price the younger and others.
MESSRS. WILKINS and WILDE conducted the Prosecution.
FREDERICK DICKINSON . I am clerk to Thomas Price and Co., of Gibson-square, Islington. On the 20th of Feb. they had some granilla and nitrate of soda at the Docks—I saw James Meageeran about half-past one that day—he had no granilla or nitrate of soda with him—about five o'clock I received information from Beazley—I afterwards saw a bag of granilla at the station—I have since seen my employers' truck at our own warehouse in Mincing-lane.
Cross-examined by MR. DOANE. Q. Whose truck is it? A. Mr. Thomas Price's the younger and others—Mr. Price's father is alive, but he is quite unconnected with the business.
Cross-examined by MR. BALLANTINE. Q. Did you ever see any granilla of theirs in the docks? A. Yes, but not for the last two years—I know they had some there by our books, and we have the warrants for it.
MR. WILKINS. Q. When had you last seen the truck? A. It might have been a week before the robbery.
JAMES MEAGEERAN . I live in Bermondsey, and am a porter. On the 0th of Feb. I was sent to the London Docks by one of the clerks in the office of Messrs. Price and Co.—I went to No. 3 warehouse, and they delivered me a bag of granilla, as I understood—the bag was quite full—it was put on my truck—I do not know granilla when I see it, but I saw the stuff that was in the bag, as it was quite full, and ran over—it was like brown grain—I went to another part of the Docks, and received a small bag of something else—I placed it in the truck, which belonged to my employers—a paper was given to me—I was coming home, and stopped at Garrett's, at the end of Rosemary-lane; to have something to drink—I saw the prisoner Price there, he came out with me, and went with me to the corner of Fenchurch-street, asking me all the way to have some gin—at last I went to the George, in Fenchurch-street—he asked what I would have—I said I would only have a Pennyworth of gin—I stood with my back to the door, and drank it—I then turned, and my truck was gone—I said, "Oh, I am robbed, my truck is gone"—Price came to the door, and said, "There it goes"—he pointed to a truck, which I went to, and found was empty—I came back—Price was then at the door, but I looked round, and he was gone instantly, as if he vanished—I told a woman who was there to get an officer—I believe price heard the words I said, and he was gone like a bird—I am sure he is the man—I afterwards saw the truck at the warehouse.
Cross-examined by MR. BALLANTINE. Q. Had you any business in the house in Rosemary-lane? A. I thought I wanted a glass, and I had it—I found Price in the house—I was not doubtful about him at the office—as soon as I saw him I knew him—he was discharged after I gave my evidence—I have done work for the prosecutors since this—I am only a jobbing man.
COURT. Q. Where was your truck when you went into the public-house?
A. Right opposite the door, but I turned my back while I had my gin, and the truck disappeared.
MR. WILKINS. Q. Did you give evidence against price before the Magistrate? A. Certainly—I stated how I was done by him—I did not see him in the Court at the time I was giving my evidence the first time, but after I had given my evidence I saw him—I went to him, and said, "You are the very identical man that sold me"—I was sold like a bullock in Smithfield—I believe I laid hold of him—I gave him into custody.
WILLIAM READING . I live in Spring Garden-place, Mile-end—I am foreman in the cochineal department at No. 3 warehouse, London Docks—I received an order, but I have not got it here—I am aware that Price and Co. had granilla at the Docks, as an order was issued to me, signed by them—it must have been their goods, or they could not have given the order—in consequence of an application made by Meageeran, I caused some granills to be delivered to him—it was 1 cwt. 2qrs. 8lbs. 80s.—I sent a man out to mend the bag, when in was on the truck, because it was broken—I afterwards saw some granilla at the station, and it exactly corresponded, in quality with that which I delivered, but it had been shifted into another bag—I could have sworn to the original bag without hesitation.
Cross-examined by MR. BALLANTINE. Q. This stuff is a dust, in it not? A. No, it is an insect—there is not a great deal of it in this country at present—there has been a great deal—I do not pretend to swear to it—my own mark was on the original bag.
MR. WILKINS. Q. Have you ever before seen granilla in such a bag as this is in? A. Never—this is such a bag as is commonly need for corn—the bags used for it at the Docks are not so long as this, but wider—drysaltera are the persons who generally purchase granilla, and sell it to dyers—Mr. Beazley is in the habit of sending for a good deal at the Docks—I have seen some of the firm of Price and Co. at the Docks—I have seen Mr. Price there—I know him well—he has samples—I never saw him dealing with this granilla, nor receiving samples from it, to my knowledge—I might have handed him some—it may be four or five months ago since I last, saw him there—I see one of the clerks almost every day.
GEORGE BEAZLBY . I am a dry salter, and live in Spicer-street, Brick-lane. On the 20th of Feb. Smith came to my house about four o'clock in the afternoon—he asked if we were buyers of garblings, which are the siftings of cochineal—I looked at the sample which he produced—it was not grablings, it was granilla—I said I did not think it would suit as, but he had better leave the sample, and call again in half an hour—he left it, and came again—we asked what he wanted for it—he said 1s. 6d. a pound, and he had got about 1cwt. of it—(the market price was about 2s. 6d. pound)—we agreed to give him the price he asked, in order to get the goods—he went away, and came back in about half an hour with Maynard, who had the bag on his back containing the granills—he put it down, and I told them they had better place it in the scale, and we would see the weight of it—they did so—the month was open, and I saw it contained granilla the same as the sample—it weighed 1cwt. 2qrs. 9Ibs. gross—it was not in such a sack as granilla is ordinarily packed in, but like a corn or potato sock—I said I could not pay them till my father came in—I had received information of the robbery, and my father had given instructions to the police—Teakle the officer came in—I believe he asked one of the prisoners where he got the granilla from and he answered he did not know—they were then taken into custody—this is the sack in which it was brought.
Dean-street, Spitalfields. On the 20th of Feb, Maynard came to my place between four and five o'clock—he asked for the loan of my horse and cart—I understood him to it was to go over the water to fetch some potatoes—I lent him the horse and cart and three sacks—I saw a sack similar to those I had lent him, and the same name on it, at the station afterwards, with some granilla in it—it is here now—the prisoner Price came to my house between six and seven o'clock the same evening—I afterwards found my horse and cart at the station—one other of my sacks was found empty—this is it.
Cross-examined by MR. BALLANTINE. Q. I believe Price came about some money you owed him? A. Yes—I have not paid him.
HENRY CHARLES BARKER (police-sergeant H 11.) About five o'clock in the evening of the 20th of Feb., I went with Teakle to Mr. Beazley's—I found Smith and Maynard there, and took them—I found the bag of granilla produced—I saw a cart outside which had the name of "Charles Holmes Gummer, Flower and Dean-street," on it.
GEORGE TEAKLE (police-sergeant H 8.) I went to Beazley's and apprehended Smith and Maynard—I asked Maynard how he came by those goods which he brought with the horse and cart—he said he was coming up Whitechapel-road, and saw a man, who asked him if he wanted a job, and he told him if he would drive that for him he would give him 1s. 6d—he aids he did not know the man—Mr. Benzley then caled my attention to this sample, which I now produce—he said Smith had brought it—I asked Smith where he got it from—he said from a man he did not know much about, nor—where he lived—I then took the prisoners into custody—as we got into the yard, outside the gate, Maynard had a whip in his hand—he said, "Here, you may as well take this, and see the card," or the horse and cart, "delivered safe"—it was given afterwards to Mr. Gummer—Mr. Beazley delivered me this empty sack.
MICHAEL CONWAY (police-constable H 138.) I received instructions, and went to Gummer's house on the 20th of Feb., about half-past six o'clock in the evening—I waited some time—the prisoner Price came and knocked at Gummer's door—it was opened, and he went in—I went in at the same time—when he left the house I still followed him, and took him into custody in Thrawl-street—I brought him back with me to Gummer's house—the sergeant told him what he was taken for—he said be knew nothing about it.
Cross-examined by MR. BALLANTINE. Q. You went to search Gummer's house? A. yes—we suspected him on account of the name on the cart.
HENRY CHAPMAN (City police-constable, No. 648.) I found the truck in Bury-court, St. Mary-axe, on the 20th of Feb., as near two o'clock as possible—I saw a man place it there, who to the best of my belief was the prisoner Price—I took it from there to Price and Co.'s, Mincing-lane—it was there identified—when the man placed the truck there I did not know anything of the robbery, but about ten minutes afterwards I saw one of the clerks—I had a slight sight of the man who placed the truck there—I did not take particular notice of the truck till nearly four o'clock—I passed Burry-court many times in course of that afternoon, and the same truck remained in the same place.
MATILDA SOPHIA GULL . I am a widow—I keep the George, in Fenchurch-street. On Tuesday afternoon, the 20th of Feb., Meageeran came to my house with a man, who to the best of my belief was the prisoner Price—he asked Meageeran if he wound have a pint of porter—he said, "No, a penny-worth of gin," and I served him—a man came in, who I believe was Maynard—he did not say anything, but stood for a second behind Meageeran—he then went out, came in again, and had half a pint of beer—he then went
out—Meageeran was then going out, but he came back, and said he was robbed of his truck—I said to Price, "Your friend has lost his truck"—he said, "Has he?" and went out.
Cross-examined by MR. BALLANTINTE. Q. Had you ever seen these men before? A. No—I noticed their features—I was asked about them by a police-officer at the office, and I pointed them out—I was told the prisoners were there, and was desired to point them out.
HENRY CHAPMAN re-examined. Q. Did you put any mark on the truck? A. Not till it was at Worship-street—the name of Willett and Co., 84, Milk-street was on it—I could swear to it by a piece being out at the bottom—it was produced at Worship-street—I did not show it to Meageeran—he brought it to Worship-street—I had left it at the prosecutors'—it was the same truck.
COURT. Q. Whose service were you in at that time? A..In Price and Co.'s, not regularly, but a jobbing man—I worked very often for them.
NOT GUILTY .
(MR. WILKINS offered no evidence.)
NOT GUILTY .
GUILTY on the 2nd COUNT, Aged 62.— Confined Eighteen Months.
GUILTY . Aged 26.— Judgment Respited.
GUILTY .— Confined Twelve Months.
NEW COURT.—Saturday, March 9th, 1844.
Fifth jury, before Mr. Common Sergeant.
WILLIAM BURROWS , rocking-horse maker, Bowling-street, Clerkenwell. In Jan. last my brother George was committed to Clerkenwell for trial for misdemeanour—some one came to my mother, and she sent for me—I came, and saw the prisoner with my mother—he said he would take my brother's case in hand and employ counsel—he said he was an attorney—I am sure he said that—he said the charge would be 3l.—I told him to call next day, and during that time I would consider about it—he came next day, and I gave him 1l. 10s. in gold—I was not able to get all the money together at once—I had to go and borrow the rest, and I gave him 1l. 10s. in silver in the evening—I should not have given him the money if I had not believed him to be an attorney, and that he would undertake my brother's case and employ counsel—he told me he would employ Mr. Ballantine—my brother was not defended by counsel—the bill against him was thrown out.
Cross-examined by MR. CLARKSON. Q. When did you first see the prisoner? A. On the 22nd of Jan.—I am sure of that—my mother and brother
introduced him to me—he was introduced to them on the 19th by Mr. Young, who is ere—Mr. Young was coming up here on our part, but he was subpoenaed on the part of the defendant—he was at Worship-street attending as our witness—he was not called—I did not ask Young either at Worship-street or any where else, to swear that he introduced the prisoner to me as an attorney, but to my mother and brother—he did not say he would not forswear himself for the Queen of England—he said he would speak the truth, and the truth would be against the prisoner—I said, "I won't have any piece of work here, but I want you to go over the way, and speak the truth, and nothing but the truth"—he said he was not going to say anything untrue either for me or for any one else.
ELIZABETH GARNER , window, Peter-street. I saw 30s. paid to the prisoner first, and afterwards 30s. more by Mr. Burrows—I never left the room during the time, I heard that he took the money to engage a counsel—Young was not in the room, but the prisoner said he was introduced by Mr. Young as an attorney—I am sure of that—he said he was going to employ a counsel, and make out a brief and other thing in law, to get Burrows liberated.
Cross-examined. Q. Were you examined before the Magistrate? A. Yes. I put my name to my deposition—it was read over to me—I said I had nothing more to add to it, and here is my name to it.
SAMUEL YOUNG , tailor. I have known the prisoner about twelve months. I introduced him to John Burrows, to do business for the youth who was in prison—I only know him to be a sworn-broker, because I have been in his employ—I did not tell Burrows he was a sworn-broker, or that he was an attorney—I was in my father's back parlour at the time the prisoner was sitting there, as he was in the habit of doing business for him, gathering in debts—we were talking about Burrows being in trouble, and I ran over to John Burrows.
JOHN BURROWS . The prisoner was introduced to me. Young sent for me to go over to his father's house—he told me he was an attorney at law, and could get my brother out of trouble—the prisoner was not present.
Cross-examined. Q. Did you tell Young you did not want an attorney, but a man that would run about, and that your brother was entitled to 70l?. A. No—he was entitled to money—the executor was at Woolwich—I did not tell Young anything about it—part of the money given to the prisoner was mine—I lent some of it, but it was George found the money—George saw the prisoner.
JOHN NEWELL (police-constable, N 102.) I took the prisoner on the 16th—I told him the charge against him was for obtaining 3l. by false pretences—he asked for my warrant—I said I had none—he said "Where is your authority?"—the prosecutor stated "You have my money, I shall give you in charge"—the prisoner said "You are an ungrateful fellow, after what I have done for you, I have not had a farthing of your money"—he said he never stated that he was a solicitor—the prosecutor said "You did, and I have a witness to prove it."
(The prisoner received a good character.)
GUILTY .— Confined Three Months.
Mr. WILKINS offered no evidence.
NOT GUILTY .
Before Mr. Recorder.
1004. WALTER JENNINGS and WILLIAM COFFEE were indicted for breaking and entering a building within the curtilage of the dwelling-house of Samuel Houston, and stealing therein 2 pistols, value 12s., his goods.
SAMUEL HOUSTON . I live at Forest-gate, West Ham. I moved there from Upminster on the 18th of Sept. last. On the 12th of Nov. I missed a brace of pistols, a portfolio of prints, a bible, a various other things—I had seen the pistols, a very few days before in the summer-house, which stands in the centre of the garden, about half a stone's throw from the house—the garden is enclosed by a hedge and pales—the summer-house forms part of the fence, it opens into the garden, but not outwards.
AUGUSTINE THOMAS FISH . pawnbroker, Church-street, Hackney. I took one pistol in pledge on the 31st October, 1843—I do not know from whom—it was a young man I had never seen before, to my knowledge—I cannot tell positively whether it was either of the prisoners—I believe it was the elder prisoner—it was pledged in the name of James Hurst, in the afternoon between two and three o'clock—it was quite light, so that I could see the person—it was redeemed by Mr. Houston.
GEORGE WARD . shopman to Tomlinson & Budd, pawnbroker, Barking. On the 30th of October, between three and four o'clock, I received one of these pistols in pledge for 3s., from the prisoner Jennings—he gave the name of J. Harriss—this is the duplicate—the pistol was given up in my presence to Mr. Houston—he paid the money advanced on it—I asked Jennings whose pistol it was—he said his father's; that his mother sent him to pledge it, and they lived at Ilford—I asked who his father was—he said a gardener, and he used the pistols for the purpose of shooting birds in the garden—he was in the shop about ten minutes—he was alone—I saw him go by in about a quarter of an hour with the other prisoner—I am quite confident he is the person.
WILLIAM POTTER (policeman.) I took Coffee into custody on the 4th of Feb. at Forest-gate, at a grocer and tobacconist's shop, and told him I took him on suspicion of this charge—I did not promise or threaten him—he told me Jennings had pledged the pistols, one at Barking, and one at Hackney, and only gave him one fourpenny piece, which was for the one at Hackney—he said he and Jennings went together, and took them from Mr. Houston's, that they fired one off which was loaded when they took them, and one was not loaded.
MICHAEL CASEY (policeman.) I apprehended Jennings on the 5th of Feb.—I made him no promise or threat—I told him what he was charged with—he said, as for the bible and manuscripts, he knew nothing about them, but he went along with Coffee, and took the pistols, and pawned them, one on the same day they were stolen, and one on the following day at Hackney—he also said he watched at the corner of the hedge while Coffee went to the summer-house, and took the pistols from there, that he got them from Coffee, one of them was loaded, and he discharged the shot when they got a few yards from the house.
from the two pawnbrokers—I cannot say when I had seen them last—they were put into the summer-house with a variety of other things—I think it is likely they were loaded, but I have no positive recollection about it—I was in the habit of loading them—the summer-house door was not locked—it might have been left open, but I should think not—there were no marks of violence on it.
JENNINGS— GUILTY . Aged 17.— Confined Three Months.
COFFEE*— GUILTY . Aged 15.— Confined Three Months and Twice Whipped.
NOT GUILTY .
Before Edward Bullock, Esq.
TIMOTHY DREW (police-constable K 387.) I was on duty at Barking-side on Monday morning the 12th of Feb., and saw the prisoner at a public-house with this coat in his hand about four o'clock—I asked his name—he said, "Wheeler"—I asked him what business be had there—he told me he worked on the premises, and was waiting till they got up—I called Mr. Davey, the landlord, and asked if the prisoner had any business on his premises—he said he had not—I had seen the prisoner force the lock off the stable and open the door.
Prisoner. Q. Did you not say you could not see me? A. No, I saw you before you went in, and when you came out you had this coat on your right hand, and the lock in your left.
Prisoner. I had been walking all day, and went into the stable to lie down—I had worked for Mr. Davey several months—I used to sleep in the stable, and this prosecutor's coat I used to lay over me.
NOT GUILTY .
Before Mr. Common Sergeant.
MARY ANN PAYNE . I live in Black-horse-lane, Walthamstow. On the 19th of Feb. I gave Newman two pairs of trowsers to take to Mr. Morria at Woodford—I did not see Wheatley—I know nothing of him—Newman came to me again at eleven o'clock the next day to be paid for taking them—he went away, and a person came from Mr. Morris to say that they had not arrived—they had been under my care—this is one of the pairs of trowsers I gave him.
Cross-examined by MR. BALLANTINE. Q. Did you ever expect to get the trowsers back again? A. No, I expected they would go to the right owner.
COURT. Q. Newman came to you for the money? A. Yes, I asked if he delivered the parcel safe—he said "Yes"—I asked why he did not come back and let me know—he said, he did not think it was of any consequence, he had given it to the maid-servant—I give him 4d. for going.
trowsers at Woodford, as was directed—he said he was robbed of the parcel on the forest, and that Wheatley witnessed the robbery—I went to Wheatley—he said they had pawned one pair at Bow, and sold the other pair in Petticoat-lane—I found this pair in pawn at Bow.
NEWMAN*— GUILTY . Aged 16.— Confined Three Months.
WHEATLEY— NOT GUILTY .
GEORGE CHARLES MOUNTPART . I am servant to Mr. Fox. On Friday evening. the 2nd of Feb., I saw the prisoner leave my master's premises, with something in his basket—I did not see him any more till I saw him in the Kitchen, and the policeman searching him—his basket contained potatoes and a bottle of milk—I heard him say to Mrs. Fox that the hoped master would look over it on account of his wife and family—I do not know whose property these things are, but I had seen this basket, with the potatoes and other things in it, under the hay in the cow-house.
WILLIAM EPPS (police-constable N 303.) I found this property on the prisoner, at a quarter past five o'clock, on the 2nd of Feb.—he was coming out of Mr. Fox's yard—I asked what he had got in his basket—he said I might look—I asked him a second time, and he said potatoes, which he was going to take to Marshall, at the railroad police; that the were some his master had, and he was going to take them to change—I asked if his master knew it—he said, "Yes"—asked if his master was at home—he said, "No"—I took him back, and Mrs. Fox said he was not allowed to take anything off the premises—I took him out, and Mrs. Fox saw him throw something away—I took him back, and found in his pocket three pints of oats, and two candles in his hat.
Cross-examined by MR. CLARKSON. Q. How long has the prisoner been gardener? A. He has been with my master three or four months.
MR. CLARKSON to MR. FOX Q. Had you given the prisoner any milk in the morning? A. Mrs. Fox had—I do not know the name of these potatoes—I had bought some similar to these a few days before.
NOT GUILTY .
1009. GEORGE LAMBOURNE was again indicted for stealing 1 sack, value 1s., 1 peak of potatoes, 6d.; 1 piece of sponge, 6d.; 1 piece of wood, 6d., and 1 bag, 2d.; the goods of Thomas Henry Fox, his master.
GEORGE CHARLES MOUNTPART . I have examined these things—they are my master's. I saw the prisoner take the sack, on the day mentioned, to a cart belonging to Mr. Terry, for his boys to take to his house.
Cross-examined by MR. CLARKSON. Q. What day was it? A. On the 29th of Jan.—I did not see any more of the sack till I found it in the prisoner's house—it was taken in the middle of the day—I do not know what was in it—this sack is my master's—I do not know what potatoes these are—this
sponge has some whitening on it, and a hole—I used to clean the window with it.
Cross-examined. Q. What is it worth? A. Very trifling—the prisoner might have been taking something home in it, and meant to bring it back.
NOT GUILTY .
Before Edward Bullock, Esq.
MICHAEL CASEY (Police-constable K 278.) On the 27th of Dec. I received information, and went to Mr. Phillips's a pawnbroker's and found a shawl—I stopped it—I searched for the prisoner, and took him at Hyde Park-corner, on the 12th Feb.—I told him it was on a charge of stealing a shawl on the 21st of Dec. last—he said yes, he did, and his wife would make up the money to compromise the case—I went to his lodging, and he gave me the duplicate.
ELIZABETH ANN DONOVAN . I am single. This is my shawl—I had been at my cousin's Mrs. Read'si, at Stratford—I came away and left it there on the 21st of Dec.—on the 23rd Mrs. Read put it into a parcel, and sent it to my mother—I opened the parcel, and missed the shawl.
SARAH READ . I am cousin to Miss Donovan. She was at my house, and on the 21st of Dec. she left—I made up a parcel of her things, and put this shawl in it—I asked the prisoner to take the parcel to her mother, and I delivered it to him.
Prisoner's Defence. I took the things to her mother, and as I had nothing to do I took the shawl, but my wife was to have made it up.
GUILTY . Aged 31.— Confined One Month.
Before Mr. Recorder.
CELIA WEIR . I am the wife of Charles Weir, of Jackson's-lane, Woolwich, and am a laundress. On the 25th Jan., between ten and eleven o'clock in the morning, I put three gowns out to dry in the drying-ground—they were missing between six and seven in the evening.
THOMAS STANTON . I am coachman to Sir George Whitmore, and live in Jackson's-lane. On the 25th Jan. I met two persons dressed in fustian clothes and caps—Hawksworth was one—I knew him well before, but not the other—they were coming out of the lane between six o'clock and half-past; and as I came back again I saw them lower down the lane, going over the rails close to the drying-ground—the lane is no thoroughfare.
GEORGE HALL , shoemaker, Jackson's-lane. On Thursday evening, the 25th of Jan., I saw the prisoners standing near the drying-ground—I knew them well before, and have no doubt of them—I did not see them do anything—they were standing in the lane—they had no bundle that I saw.
Bott. Q. How long have you known me? A. I knew you when you were apprenticed.
MARY BERRY . I live in Jackson's-lane. On the 25th of Jan. I was coming into the lane, and met two boys going out of the lane—one had light trowsers and light jacket, the other light trowsers and dark jacket—both had caps, and the one in the light jacket had a bundle—I did not see what became of the bundle, nor what it was.
WILLIAM GLADWIN (policeman.) I apprehended the prisoners—I asked Hawksworth where he was the night of the robbery—he said he was at his father's house, and never went out—the property has not been found.
NOT GUILTY .
1012. JOHN BOTT was again indicted for burglariously breaking and entering the dwelling-house of Thomas Heard, about the hour of twelve in the night of the 31st of Jan., with intent to steal, and stealing therein, 2 pairs of boots, value 10s.; 3lbs. weight of tobacco, 2s.; 6lbs. weight of cheese, 3s.; 4lbs. weight of bacon, 2s.; 1 till, 3d.; and 5d.; and 5s. in money; his property.
THOMAS HEARD . I am in the barrack department, at Woolwich. On the night of the 31st of Jan. I went to bed at half-past ten o'clock—my wife fastened the back of the house—the kitchen window was down and fastened—next morning, between six and seven, I found the kitchen door open, which had been bolted overnight—the wash-house door was open, and the window broken in—it was a fixed window—there is a door leading from the wash-house into the yard—the persons had got in at the kitchen window—I lost the articles stated.
MARIA HEARD . I am the prosecutor's wife. I was the last up on the night of the 31st of Jan.—I fastened the kitchen window, and locked the kitchen door—the wash-house window was safe, and the door between the kitchen and wash-house locked and bolted—next morning I found the back window open, the door open, and the tiles broken—anybody could enter the house.
THOMAS DAVID HEARD . hair-dresser, Wellington-street, Woolwich. This pair of boots are mine—I left them in the back room on the 31st of Jan., and missed them, when inquiry was made—these patches were on when I lost them.
JAMES PARRY (policeman.) I apprehended the prisoner at his mother's, where he lodges, on the 4th of Feb., and found this pair of boots on his feet—I asked who put these patches on—he said he did himself.
Prisoner. I did not; I said I bought them for 9d. on the 2nd of Feb. Witness. He did not say so to me—I gave him to another constable.
THOMAS HEARD re-examined. I found my till in a field adjoining my house—one pair of boots lost were mine, and the other my son's—he is twenty-five years old—he slept at the house that night—mine have not been found—I was not down till half-past six o'clock—it would take about half an hour to break into the house—I found a lantern in my shop, so they had a light to do it, and there was a small bit of candle in it—it was my own lartern, tern, and had been taken out of the wash-house—there was just a snuff left in and had been but a small bit of candle in it—it was burnt lower down than I had left it.
NOT GUILTY .
Before Mr. Justice Patteson
MR. DOANE conducted, the Prosecution.
ELIZABETH SPENCER . I am the wife of William Spencer, of Blue Coat-street, Deptford New-town. At the time in question we lived at No. 5, Giffin-street, Deptford, at the house in which the prisoner and her husband lived—we were lodgers there—we moved into the house in March last—I knew them for more than three months, living in that house—I knew the little boy and the other child—they occupied two rooms in the lower part of the house, and we the top room front—I remember the Prisoner's husband going out on the 10th of Jan. last about a quarter-past eight o'clock in the morning—I did not see him again till between half-past five and six—he then came up stairs into my room—he appeared in a state of very great alarm, and fell backwards on the bed in a fainting fit—in consequence of what he said I went down stairs into the room occupied by him and his wife, and saw the prisoner lying on the bed with her throat cut in a very, dreadful state, and the two children also lying on the bed with their throats cut—the parents were in very bad circumstances, very much distressed indeed—the husband was unable from ill health to do any hard work—I heard his wife say that he has never earned one penny since the birth of the youngest child, which was about a year and eight months old—he had nothing to live on as far as I know, except the small sums he collected from the lodgers in the house, out of which he had to pay his rent—he had the whole house, and let part of it—I know that they were in the habit of pawning the greatest part of their furniture and wearing apparel to obtain food for themselves and children—they treated the children with the greatest kindness and affection—the children's clothing was very poor indeed—they had parted with some of it, there was very little, just enough left to keep them clean—I never saw anything on the part of the husband but the greatest kindness to the wife—they both appeared to me anxious to conceal their exceeding poverty—the woman more particularly was anxious to avoid exposure—I had spoken to her on the subject of her distress, and recommended her to go to Mr. Warman, the relieving officer, and ask his advice whether she could obtain anything for the family—she did not go—she did not assign any reason why not—at times I firmly believe the children to have had nothing but a bit of bread and butter and a few potatoes and a bit of salt for the whole day—I have known when the children have had a small portion of food, the parents have gone without—on one occasion the children went two days on two penny loaves, and both father and mother went without—at times the prisoner comPlained heavily of her head, and has often said she was afraid she should loss her senses—she complained of pains in her head, and her mind wandering—at times she did not appear to know what she was about—she has lost herself in teaching the infants their prayers—she has forgotten what she was saying—I have been present—she borrowed a penny of me on the very day before this happened to get half a pint of porter, as she felt so very faint.
Cross-examined by MR. CLARKSON. Q. How long have you known her? A. Better than three months—I have seen her walking about her room and in different parts of the house, putting her hand to her head—it was at those times she complained of her head, and said she was afraid she should lose her mind.
SARAH WHITE . I was a lodger in Mr. Dickinson's house. I remember the little boy George—I last saw him alive on Wednesday, the 10th of Jan., about half-past eleven o'clock in the morning—he was eating a bit of bread
and butter—about twenty-five minutes to six in the evening I heard a terrible noise in the house—I opened my room door, which is on the first floor—they lived below—the noise came from up stairs, from Mrs. Spencer's—something was told me, and I found out what had happened—I went below into the prisoner's room, and saw the children and Mr. Dickinson with their throats cut—I heard her speak several words—I never left her till half-past two o'clock in the morning—she inquired after her husband, to known where he was gone, several times—she did not say anything about this circumstance that I heard—she always appeared a very kind and affectionate mother—I never asked any questions as to whether they were in distress—I never made any acquaintance with them.
GEORGE DICKINSON . I am the brother of the prisoner's husband and am a licensed victualler, living in Cannon-street. I saw the body of the little boy—it was he child of my brother and the prisoner—its name was George John—I saw it at the house in Giffin-street with its throat cut.
Cross-examined. Q. Did you know the prisoner before she was married? A. No, after they were married she came as housekeeper to the house I kept at Brompton—that was in 1839—she might have staid with me about six months—she met with an accident while she was there—she was carrying some breakfast things, and fell down the steps into the yard, and hurt her forehead very much—Dr. Glenn was called, and she was a long time under his care—she was ill three or four months after that till the birth of her first child—this occarred about three or four months before its birth, while she was in the family way—I have thought that she was of a desponding character—I observed a despondency about her appearance and conduct after the accident which I had not observed before—I have heard her complain of her head, and put her hand to it—I do not know that she would sit up all night without taking her clothes off, or going to bed—I did not know her family—I have not known her to lie in bed for three or four days together.
COURT. Q. What do you mean by there being a difference in her conduct after the accident? A. she was very low-spirited after the accident—that was not the case before—I observed the difference before the birth of the first child, from the time of the accident—they were in very fair circumstances at that time, but have been unfortunate for some time past—they took a public-house in 1839, but failed, and left it in 1841, since which he has been doing scarcely anything.
JOHN HILLS . I live in Deptford, and am chruchwarden of the parish. I went to the prisoner's house about six o'clock, and found the husband in the front-room—not where the murder was committed—he gave me some account of it—I saw a razor—when I first went down, seeing the bodies lying in that dreadful state, and supposing all the three murdered, I thought it probable the husband might have done it—the two rooms opened into one—the prisoner laid on the bed—she could see her husband quite as plainly as I could, and could also hear what I said.
MR. CLARKSON. Q. She was then lying with her throat cut, he wind-pipe severed, and almost in the agonies of death? A. Yes, she was—I cannot swear that she was in a state of mind and body to know what was going on, except from the reply she made after—she knew all that was going on at the time.
MR. DOANE. Q. What did you say? A. I asked him the cause of this affair—he said distress and poverty were the cause of it—I said nothing about the razor—I particularly examined his hands—on my return from that room to the prisoner's bedside, she told me it was not him that did it, it was her, he was entirely clear of all charge of guilt—she afterwards told me she murdered the little boy first because he was the strongest, and the little girl afterwards—I
had given her no promise to induce her to make my declaration—she appeared anxious to exculpate her husband from any guilt—while in the room the husband had told me he kept his razor on a shelf—he did not say where he first found it—he said in the evening, when he first came home, and saw his wife lying in that state, that the razor was lying by her side, and he removed it from the mattress, and put it on the dresser—the prisoner said, after she had cut the throats of her children she cut her own throat, that she then fell back exhausted on the bed, and thought it was not done effectually—in the evening she said in the presence of a reverend gentleman who was there, that she did attempt to do it the day before, but her heart failed her—she appeared in great agony of mind, upbraiding herself with her wickedness—the state of the room indicated very great poverty indeed—there was no bed or bed-clothes, only a mattress and a common rug—I found sixty-seven duplicates relating to wearing apparel, furniture, and almost every article you can imagine—there was a great many of the children's clothes carefully laid in boxes, and very clean and nice.
Cross-examined. Q. You saw that she was in a state of the deepest agony and distress of mind? A. Yes, it is impossible to describe it—I did not caution her that she was not bound to make any observations, nor did I solicit anything from her—I knew nothing of them before—I was present at the inquest—eleven out of twelve of the jury wishes Mr. Carter, the corner, to accept a verdict from them of their belief that she was of unsound mind—they kept Mr. Carter there half an hour—he would not take the verdict of eleven only.
GEORGE WARMAN . I am relieving officer of the Union in which this house is situate. The prisoner and her husband did not make any application to me for relief—I should have taken the usual means of inquiring into their circumstances, and no doubt relief would have been afforded them, if I had found out their distress.
JOHN EWINS (police-constable R 160.) I went to the prisoner's house between five and six o'clock, and found a razor there—I produce it—I found the doctor there, and several people, and saw the prisoner and the children—the prisoner said, "It is I that have done the horrid deed"—she afterwards said she attempted to do it the day before, but her heart failed her; that she took the boy George first, and that three minutes elapsed between the two—she said she heard the chime of the clock go a quarter past one when she began the dreadful deed, and that she sat up looking at the children until a quarter past five o'clock, and then cut her own throat.
Cross-examined. Q. When you first went into the room was she able to speak at all? A. Not at first—the wind-pipe was nearly finished sewing up when I was called there—I said she was not bound to say anything, but I do not known whether she heard me or not.
JOHN ROSCOE (police-constable R 9.) I went to the prisoner's room after six o'clock—a woman in the room said, in the prisoner's hearing, "Do you think she will be hung, providing she recovers?"—the prisoner had been lying as if she was asleep, but the moment she heard that remark she began to wring her hands, and was very much agitated—I cautioned the woman, and said, "Don't make any remark"—I afterwards searched and examined the parlour, and after that the prisoner said, "It was I that did it, at a quarter past one, just as the clock chimed."
JOSEPH ARTHUR . I am a surgeon, and live at Deptford. It was called on this evening to the prisoner's house, and there saw the dead body of the boy George—I examined his person afterwards, and found his throat had been cut by a sharp instrument, such as a razor-that caused his death, in my judgment—I found the prisoner in a very wretched state, with her throat cut—she
was, in fact, dying—she was in a state of collapse—she appeared as if her throat had been cut by the same instrument—the windpipe was severed in one place, and in another it was nearly cut through—it appeared as if there had been two cuts—I sewed up the wound, and did all that was necessary.
Cross-examined. Q. About what time was this? A. About five o'clock—I cannot form a judgment as to whether she was in a state to be answerable for anything she said at that time—when I arrived she was not in a state to give answers to questions, or to place any reliance on her remarks—I thought she was dying, and that was the opinion of another medical man in the room; but she became better afterwards—for many days I thought she would never recover—I do not think it would be right to attach any great weight to her answers—I have attended her from the 10th of Jan. to the 17th of Feb.—in the course of that time I have observed the state of her mind—I believe she was in a state of aberration—if she had done the act at half-past two o'clock in a state of aberration of mind, and afterwards cut her own throat, I think the discharge of blood would be very likely to relieve the brain—I first observed that her mind was wandering on the 11th, the day after the inquest—I have had experience enough to distinguish between real and simulated absence of mind—I have not the slightest reason to believe that she was affecting or pretending to be in that state—that aberration has occurred more than once in the time I have been attending her—what I observed was, absence or prostration of mind, a sort of imbecility amounting, in my judgment, to unsoundness—I observed it for about a fortnight, daily, in company with other surgeons—they were precisely of the same opinion as myself—I should conclude that the state in which I found her did not result from what she had done to herself, but most likely from other causes—I think it could not have arisen from what she had done to herself—I attributed the state of mind I saw to something foreign from the wound.
MR. DOANE. Q. Such, for example, as the reflection on what she had done to the children? A. That might have caused it—after I had sewed up the windpipe and attended to her, I heard her make a statement, but my mind was too much occupied to pay any great attention to the statement she made—I heard her make some of the statements which have been sworn to—I think they were rational enough.
MR. CLARKSON called
JANE MARCH . The prisoner is my sister. She was formerly in service in Brompton-square—she married from there—it was a week previous to the Coronation—I cannot exactly say how many years ago it is—it is not seven—her mistress's name was Norton—I was at that time stopping with my brother, a confectioner, in the Strand—I remember her mistress bringing her to me in a cab—at that time she seemed not to know anybody or anything—that was not the first time I have observed anything extraordinary in her conduct—I had noticed it seven years ago—the first thing I noticed was once at church, she got up in the middle of the service and walked out, and did not return—she was a person of rather moral and religious habits—she was in the habit of frequenting church—there was no reason which I can account for, for her not remaining—I found her in bed asleep when I returned from church, about nine o'clock in the evening—she had complained of her head the whole of the day—she always complained of the back of her head—a few days previous to that, she laid in bed for three days and nights—there was no reason for that that I know of—she gave no account of herself for doing so—she took no food whatever during that time—she might have had it if she chose, there was plenty of food for her to have—she did not account for it, no more than complaining of her head—we were both living at home with our parents
at that time—a few weeks after that she sat up three nights in the kitchen, without leaving it for anything whatever—she was dressed—she said she could not lie down for her head—she took no sustenance during that time in my presence—I do not know whether she did or not—I was a very few minutes absent from her—as far as I know she had no sustenance during those three days and nights—this occurred more than once—she would dress and leave her home for hours, would come back, not take any food, and go to bed in the middle of the day—she would sometimes get up the same day, not always—she would wander about without speaking to myself or the other members of the family—I had not offended her, or done anything unkind to her—I could not account for that conduct at all—on the first time that she went out she returned in the middle of the day, and went to bed—she complained of her head—this was before the accident she met with in tumbling down stairs, at my brother-in law's—after this she was very unwell, she shut herself in her room for three days again, and expressed a wish to be bled for the pain in her head—she would walk about of a night in her sleep frequently—she would get out of her bed, and go over the house, up and downstairs—often she would not associate with her friends, or the friends of her family—she would quite seclude herself from them—at times her disposition was very melancholy—when her mistress brought her home to me in the cab, she said she had been very unwell all day, and she feared it was the brain fever—she did not appear in a state of consciousness at that time—I bathed her head with ice water, she seemed to find relief for a time—she has been bled for this complaint of the head three times within two months—it appeared to afford her temporary relief—since she had been married, I have not had the opportunity of associating so much with her as I did before—I know that she and her husband have been the prey of misfortune—she was particularly kind and quiet towards her family and children—she was an inoffensive person—never in the habit of committing acts of violence—her temper was very good indeed—when she has had these pains in her head she has become sullen and desponding—it was on these occasions that she secluded herself from her family and friends—it appeared to me at those times that her mind was affected—I thought so years before I knew anything of this—I had an aunt, named Maria March, who was deranged—she was single—she was my father's sister—she died in London I believe—I am not certain whether she died in a house of confinement, but she had been in Bethlem twelve months previous to her death—Mr. Samuel Fernoe married another of my father's sisters—he had the charge of my aunt, both before and after she was in this asylum.
MR. DOANE. Q. How long ago is it since you remember to have heard your sister complain of these pains in the head? A. Seven years—I have heard her complain of them six months ago—a medical gentleman, named Badcock, was called to attend her, seven years ago, at Brighton—I do not know the name of the gentleman who attended her in town—the family were at Brighton then—I have been in town seven years—Mr. Glenn, a surgeon, was called to attend her at Brompton—he is not here—when at Brighton she retired to her room, and complained bitterly of her head, and desired to be bled—Mr. Badcock was called to bleed her—he is not here—I have not seen much of her since her marriage—six months ago, I saw her for some weeks—I have not seen much of her since—it is five years, I think, since Mrs. Norton brought her home, saying she had the brain fever—Mrs. Norton is dead—we did not call anybody in to attend her for the brain fever—she recovered—I applied remedies, medicines, and other things, and they succeeded—when she left church during service, she told me some hours afterwards that the pain in the head was the reason.
MR. CLARKSON. Q. Has she done that more then once? A. Three or four different times, while with me—during the time I was with her, six months ago, I frequently observed that she was subject to those attacks of the head—they appeared to me to have got much worse—sometimes I have known her to be walking about the room, striking her head, complaining bitterly of it—Dr. Jones has seen her—her husband has not been in a condition to find her medical assistance for these two years—I have not seen much of them for the last six months—her husband was not in a condition to have done so at that time—I was with her some weeks—she had medical advice, for I got it myself—he was not able to do so—this was six months since—up to the time I left her, I did for her as far as my circumstances enabled me, both as to medical advice and assistance of other kinds.
SAMUEL FERNOE . I am uncle to the prisoner—I married one of her father's sister—I had charge of another sister, Maria March, who was in Bedlam twelve months, and I was forced to take her out afterwards—I was one of the sureties for the payment of her expenses—she was deranged before I took her there, for nearly three months—I did not take her out because she was cured—she was incurable—I was bound to take her out at the end of twelve months—they will not keep patients there more than twelve months—when she came out, I took her back to a mad-house at Bethnal-green, where I took her from before, and there she was, to the best of my recollection, six or eight weeks—I believe the house is called the "White-house," or else the "Red-house"—when she came out she came to my house—I had the charge and watching of her—she got better, and we got her a situation, but she was very queer indeed—any little thing turned her brain, and she was very wild and roaming—we could place no dependence on her—she was always complaining of her head—she used to put her hands to her head a good deal—I have not seen her within the last seven years.
WILLIAM JONES . M.D. I live at Lutterworth, in Leicestershire. In Feb. last I was making a visit to the house of Admiral Sir Robert Otway—in consequence of a request made to me by the ladies of Sir Robert's family, I went to the prisoner's residence, at Deptford, on the 17th of Feb.—I examined her, and found her recovering, or nearly recovered, form a disease of the brain, which in my opinion would render her incapable of judging between right and wrong—I have been present to-day, and heard the testimony that has been given on the part of the prosecution and defence.
Q. Regard being had to the state in which you found her in Feb., and the facts deposed to by the wittnesses on both sides, do you or not believe that at the time she did this act, she was of sound or unsound mind? A. Most decidedly of unsound mind.
MR. DOANE. Q. What was the disease of the brain that you found her recovering from? A. Probably inflammation of the brain, a disease of the brain which produces insanity—the vessels of the brain were surcharged with blood—it was determination of blood to the head—I observed the same symptoms which I have frequently met with in case of insanity—it does not follow in all case of determination of blood to the head, that the person is of unsound mind—disease might exist for a considerable time, and an immense quantity of blood lost might relieve the brain, and prevent disorganization—my belief was that she had laboured under that disease, but that it was subsiding, that disease being a surcharge of the vessels—I had conversation with her—she certainly seemed better—she described herself as all persons do who recover from insanity, as having passed a dream—there had been great loss of blood—apart from the circumstances of the surcharge of the vessels, the anxiety
and distress of mind might so affect the brain, that she might become insane in the course of a day or two, or in a few hours—the pains in the head, that I have heard described, are such that, with intense thinking, would produce insanity—that might produce the crime, and with loss of blood afterwards she might become sensible enough to answer the questions which I have heard of—I have heard of her complaining of pains in the head so lately as six months ago—it is form that, and form her committing this act, that I infer she did not know what she was about when she did this.
MR. CLARKSON. Q. Have you had considerable experience, and paid attention to cases of persons affected with insanity? A. Yes, and have had insane persons under my charge in my house—insanity exhibits itself in a variety of forms; sometimes in the form of constitutional imbecility; Sometimes form local causes; sometimes from disorganization of the brain, and very frequently from the pressure of blood on the brain—that would be the climax for the time being—a person labouring under insanity arising from pressure of blood on the brain, would be relieved extensively and speedily by liberal blood-letting—a person in that state cutting her own throat would be very much relieved—I have very frequently met with case of that sort—I have not the least reason to doubt that conclusion—the acts described are quite consistent with the state of mind I attribute to her at the time she was guilty of this act—anything that would lead to an increased pressure of blood on the vessels of the brain would produce the pain in the head, and the symptoms I have heard described—I do not believe that at the time the Prisoner did this act she was an accountable being, decidedly not.
NOT GUILTY being at the time in a state of Insanity. .
Before Mr. Common Sergeant.
WILLIAM SAVILLE . I am a plumber in the employ of Mr. William Henry Whittle. I believe these cuttings of lead, which are here, to be part of those which were on Mr. Whittle's premises on the 6th of Feb., and they are his property.
DANIEL HUTCHINGS . I was at work outside Mr. Whittle's premises on the 6th of Feb.—the prisoner came and asked if the painting of the house was let—I said I did not know, but I referred him to Mr. Whittle—the prisoner helped his brother in with two gutters, about sixty or seventy yards form where I was at work—he then came again between four and five, and asked me for a basket.
JOHN WHITE (Police-constable R 180.) On the 6th of Feb. I saw the Prisoner, about seven o'clock in the evening, with a basket on his shoulder—I followed him to a marine-store shop—I asked him what he had got—he said some old lead—I found these cuttings in the basket—he said he had contracted for a job, and this was the old lead he took off, to put down new—he did not say where it was.
GUILTY .** Aged 33.— Transported for seven Years.
Before Mr. Recorder.
GUILTY . Aged 30.— Confined One Month.
GUILTY . Aged 33.—Recommended to mercy.— Confined Three Months.
Before Edward Bullock, Esq.
SAMUEL LING . linen-draper, High-street, Southwark. On the morning of the 23rd of Feb., about a quarter past seven o'clock, I was in the cashier's desk, in my shop, where I could see what happened, but could not be seen—I saw the prisoner come into the shop, go up to the counter, and the young man who usually served put a box of ribbons on the counter—after the prisoner had looked at the ribbons, in the young man's absence, he put some ribbon into his right-hand great coat pocket—the young man had not gone away, but turned to get something—I directly went round the counter, and said, "Good morning, sir; how do you do?"—I spoke to him familiarly, and after talking to him a little while, he tendered a shilling to the young man who served him, to pay for what he bought, which came to 51/2d.—I sent the shilling up stairs by the cashier for change, and while he was gone the prisoner walked out into the street, and spit—as soon as he sat his foot on the pavement I collared him, and said, "You have stolen my ribbons"—he said he had not—I said he had—I sent for a constable, and gave him in charge—he had come back himself—I saw him searched, and a piece of blue ribbon taken out of his coat pocket, and out of his other pocket I distinctly saw him take a piece of pink ribbon, and lay it on the counter.
Cross-examined by MR. WILKINS. Q. You had never seen the prisoner before that morning? A. Not to my knowledge—I would not swear I had, but he has been in the habit of coming to my shop for several weeks to buy ribbons—I do not know whether he is a horse-dealer—I do not know what ribbons they trim horses' manes with—these were new ribbons—I kept my eye on him the whole time he was in the shop—the officer did no say that he could find no space pieces of ribbon on him as I said I had seen him take, nor any words to that effect—I counted the ribbons myself—I did not desire my shop-man to do so, and say there ought to be seventy-two pieces in the drawer—I do not recollect that I did while the prisoner was there—I will not swear I did not—I should think the box was half a yard from where the shopman was serving—he is not here.
RICHARD MANNERING (police-constable N 172.) I received charge of the prisoner at the prosecutor's shop—I searched him, and found a piece of blue ribbon in his right hand pocket, and saw him throw a piece of pink ribbon on a heap of stockings in the shop.
Cross-examined. Q. Where was the prosecutor at that time? A. Standing in the shop, a yard or two off—the ribbon was on a pile of stockings, on paper—there were no boxes anywhere about—the prosecutor requested me to search him when I came in—I had not then seen the pink ribbon, nor had the prosecutor said anything about it—he told me he had seen him a take a piece of
pink ribbon, and I searched his right-hand coat pocket at his request—I said I could find no such ribbon there—after I saw him throw the pink piece on the pile of stockings, the prosecutor instructed his young man to count the number of pieces in the box—I was searching his pockets at the time he threw away the pink ribbon, and I called out, that would not do—I had seen him do it—the stockings were about a yard, or a yard and a half, from where he stood—I swear I saw him throw it there, from his right hand.
COURT. Q. The prosecutor told you to search his right-hand coat pocket? A. Yes, before I saw his hand at all.
(The prisoner received a good character.)
GUILTY . Aged 20.— Transported for Seven years.
1018. THOMAS WILKS was indicted for breaking and entering, at the parish of Bermondsey, on the 17th of Feb., 1844, the dwelling-house of Edward Kempton, and stealing therein, 3 coats, value 5l.; 1 cloak, 30s.; 8 waistcoats, 40s.; 1 pair of breeches, 20s.; 4 pairs of trowsers, 2l. 4s.; 1 shawl, 10s.; 2 pairs of sheets, 14s.; 3 petticoats, 8s.; 2 gowns, 40s.; 3 shawls, 3l. 6s.; 1 pair of shoes, 2s. 6d.; and 1 basket, 1s.; his goods.
MR. WILKINS conducted the Prosecution.
SARAH KEMPTON . I am the wife of Edward kempton, and live at No. 2, Cross-street, Bermondsey New-road. On Saturday, the 17th of Feb., between three and four o'clock in the afternoon, I left the house, and returned between five and six—I found the back door and back window both open—I had left them shut and fastened—I found a large bundle tied up in my shawl at the bottom of the stairs, and placed in the clothes basket—it contained the articles stated, which were nearly all new, and worth quite 10l.—I had left them in a drawer in my bed-room—I also missed a great coat of my husband's, which I had left on the bedstead in the back room—five minutes after I entered the house the constable brought the prisoner to the house with that coat on his back—he said he had found it—this is it—my husband has had it two years, but has not worn it much—I know it by the make and colour—the persons had got into the house over a large ditch at the back of my premises, then getting on the back parlour window, and from that to the bed-room window, which they could easily open—it slides back—I am sure it was shut when I went out—they would get on the roof of the next washhouse, which is close against the window—nobody lives in the house but myself and husband—it is in Bermondsey parish.
THOMAS TODD (police-constable M 201.) On Saturday, the 17th of Feb., between five and six o'clock, I heard a cry of "Stop thief" in the Old Kent-road—I had not proceeded many yards before I met the prisoner running as fast as he could with this great coat on—I stopped him, and took him to Mrs. Kempton, who as soon as she came to the door said, "That is my husband's coat that fellow has got on"—he said he found it is John-street.
Cross-examined by MR. CRUCH. Q. You went to Mrs. Kempton? A. Yes, in consequence of information I received directly after I stopped the prisoner—I took him about a quarter of a mile from the house.—BOLTON. I am a currier, and live next door to the prosecutor. On Saturday afternoon, the 17th of Feb., I heard the bolts of Mrs. Kempton's back door fly—I went out directly, and saw the prisoner in the act of jumping over the fence on the tan-floor at the back of the house—there was another
man with him—I called "Stop thief" directly, and they ran away—the prisoner had that great coat on at the time.
Cross-examined. Q. You saw the two men running away from the house? A. Yes.
MR. WILKINS. Q. Did you notice the prisoner's face? A. I could not distinguish his face when I saw him running, but directly he was brought back I was sure he was the man.
GUILTY . Aged 25.— Transported for Ten Years.
Before Mr. Justice Williams.
EDWARD SEYMOUR . I am a law-writer, and live in Pearl-row, Southwark. I was returning home from Kennington on Friday morning, the 9th of Feb.—it might have been twelve when I came to the Crown public-house, which was within five minutes' walk of my own house—I might have remained previous to entering the house about ten minutes or quarter of an hour—there are two entrances to the house, one is opposite the Blind School—I tried to get in there—there was a little disturbances, and I could not get into the bar—I was pushed out of the house—I was not in the house above three minutes altogether—I had nothing to drink there—I had been drinking in the course of the afternoon at a public-house in Kennington—I was not perfectly sober, but I perfectly recollect every thing that transpired—I do not know what the disturbance was about—I left the house, I was not going home, I was going to another place first—I had just crossed the road in my way to another house, and received a violent blow on the back of my head behind, which knocked me down—(I had heard some person behind me, but did not take any notice)—I was insensible for a second or two—in endeavouring to get up I heard some person, "Give it him again," and I received a blow under the chin from the prisoner—I had never seen him before, but am sure he is the person—I described him to the policeman—the blow was given with something in the hand I am sure—it knocked me down, and a quantity of blood came from my mouth—the policeman came up, and the parties went away—I endeavoured to walk, but fell again—a female was passing who knew me, and led me home—I was so weak with loss of blood that the policeman conveyed me to the hospital—I was confined to my bed five days, and at present the top of my head is very irritable, and throbs a great deal at times.
Cross-examined by MR. PAYNE. Q. How long have you been a law-writer? A. These three years—I have written for several parties—I have done a great deal for Mrs. Edmonds, of Hemlock-court—I have not done anything in the law copying for this four or five months—I have been keeping books for persons, writing, and various things—I have no other source of living but my pen—I was outside the Crown at first, talking to a friend who had accompanied me from Kennington—there was a great number of persons inside when I went in—it is a house I seldom go into—I have been frequently there—I had not assaulted the prisoner in the Crown, nor did I go out with him for the purpose of settling it in a flight—I swear that—when I left the Crown I was going to a Coffee-house in the neighbourhood of the theatre to have a cup of coffee—it was Elizabeth Yettam who assisted me afterwards—I cannot say what she is—I am not bound to know—I live in the same house with her—I believe, not having sufficient work to fill up her time, she occasionally has recourse to prostitution—I have been in the habit of going to the house frequently—I do not know whether they are any other persons of
a similar description, I have nothing to do with it—there may be three, four, five, six, or ten—there may be one or two one night, perhaps none the next night, and perhaps three or four the following night—I live in the lower part of the house—Mrs. Hatcher, the landlady, pays the rent—she may live in various rooms, it depends upon circumstances—she may sometimes be in my room—I always live in one room—I am in the habit of going to see Mrs. Hatcher—I live there—I have known her eighteen months or two years—I have lived there twelve months, come May, with Mrs. Hatcher—I believe the females pay her—I do not get the greatest part of my income from that money—I frequently breakfast with Mrs. Hatcher—I have dined with her—not particularly frequently—I am out a great deal in the day—when I am not out I do of course, and drink tea, and sup with her—I do not know whether those meals have been provided from the sums drawn from these females—such things might be.
SARAH ELIZABETH YETTAM . I was in the neighbourhood of the Crown public-house on the 9th of Feb. between twelve and one o'clock—I saw the prosecutor coming out of the Crown, and saw him struck by a man on the head—I was nearly close to him—I think the person who struck him was before him—whether he struck him before or behind I cannot say—it cut his head and he fell down, and as he was going to get up another person struck him—I think the prisoner is the man who struck the first blow—I never saw him before, and could not positively swear to him—I lived in the house which Seymour used to frequent—he did not live in the house.
FREDERICK LITCHFIELD . policeman. I apprehended the prisoner on the morning on the 14th of Feb., at the Survey theatre—I told him he was charged with assaulting a person on the previous Wednesday morning, who had come out of the Crown—he said, "Oh, I only gave him the Brummagem chuck."
Cross-examined. Q. What does that mean? A. I do not know—that was all he said—I knew the prosecutor before by sight—the prisoner is a stranger to me.
FREDERICK STANLEY ROBERT PEARCE . I am assistant surgeon at Guy's Hospital—the prosecutor was brought there on the morning of the 9th of March, about one o'clock—he had a wound under the chin, and one on the top of the head; the one on the head was an irregular lacerated wound—I do not think a fist would do it, it seemed more like a wound from a stone, or some irregular surface; the wound under the chin was of a lacerated character, and straight; it appeared to have been done by some blunt instrument; it could not have been done by a fist—they were not dangerous wounds—they were bad wounds certainly—the one under the chin was the worst; it was two inches long and about half an inch deep—he must have lost some blood, but not a very considerable quantity—he seemed faint, pale, and somewhat tremulous—he left the hospital that evening, and came again frequently to see me—he has got quite well—I cannot say how soon after the accident, I saw him—he may have been confined to his bed without my knowing it.
Cross-examined. Q. Might the wound have been inflicted by a fall against a stone? A. The one at the back of the head, I think, might, but he must have fallen against some projection.
NOT GUILTY .
Before Mr. Recorder.
1020. PETER NIMMO, alias Edward Thompson , and WILLIAM GREEN , were indicted for stealing, on the 19th of April, at St. Mary, Newington, 40 1/2 yards carpet, value 5l. 18s.; 1 bed, 5l.; 1 looking-glass, 4l.; 120 yards of printed cotton, 3l.; 8 blankets, 2l. 16s.; 4 counterpanes, 2l. 10s.;6 sheets, 2l. 5s.; 4 table-covers, 2l. 8s.; 7 table-cloths, 2l.; 1 desk, 2s.; 1 pair of candlesticks, 2l.; 36 towels, 36s.; 3 spoons, 25s.; 3 pillows, 1l.; 1 toast-rack, 1l.; 8 pillow-cases, 12s.; 1 hearth-rug, 12s.; 1 bolster, 10s.; 4 table-covers, 8s.; 7 napkins, 5s. 6d.; 1 pair of snuffers and tray, 10s.; and 1 box, 6d.; the goods of John Rathbone, and that Nimmo had before been convicted of felony.
MR. DOANE conducted the Prosecution.
HARRIET RATHBONE . I am the wife of John Rathbone, a surgeon, and live in County-terrace, New Kent-road. Last Easter we had a house No. 4, Swan-street, Dover-road—nobody was living in it at that time—on Easter Monday, the 17th of April, I was in that house from twelve o'clock till four—there was furniture in it—I left that and the house safe at four o'clock—in consequence of information on the Thursday after, I went to the house again about half-past eleven in the morning, and found it had been broken open—the first floor and parlour front doors had been broken open—the outer door did not appear to have been forced—the other doors had been safely shut and locked when I left on the Monday—I missed a looking-glass, carpets, and other property, to the amount of between 300l. and 400l.—I have since seen part of it produced by the policeman.
WILLIAM EVANS . boot-maker, Paddington-street, Marylebone. I purchased this looking-glass of the prisoner Green in June last—he was in my employ as shopman at the time—we were doing up the shop, and he said he had a looking-glass for sale, with feather beds, plated ware, candlesticks, snuffer-trays, carpets, and other things, which belonged to a tradesman, who had been in good circumstances, but was greatly reduced—I will not be certain whether he said the glass was in pledge, or whether it was left at a public-house, and that some man had lent money on it—he did not produce them—in fact I told him I did not want any beds, plated ware, or anything of the kind, but he afterwards brought the glass, and I bought it of him for 2l. 10s.—I kept it until I heard of the evidence at Clerkenwell police-court—I then gave information to Mrs. Rathbone, and gave the glass up to the police.
Cross-examined by MR. BALLANTINE. Q. Did not Green say that somebody had spoken to him about selling a looking-glass? A. Yes, he did not say it was his own—he did not mention the name of the person who had given it to him—he did not mention the name of Cole at all—he told me that the person who had asked him to get a purchaser for it would not part with it unless he had the money—I understood him that it was fast for a certain sum that a party had lent on it—before I saw it, I gave him, I think, 25s. to fetch it with—he said that was the sum that had been advanced on it—I am not satisfied as to the day on which I bought it, but it was very early in June, I think about the 2nd—Green did not sleep at my house.
JURY. Q. How long had he been in your employ? A. From the December previous, I think, and remained till about October last—I gave up the glass last month, the day after the hearing before the Magistrate.
THOMAS ELLIS . I am a boot-maker, and live at No. 17, Cole-street, Dover-road. I have also a house, No. 8, Swan-street, which runs from the Dover-road, and Cole-street leads from Swan-street—the two houses are about twenty years apart—on Easter Wednesday last, the 19th of April, between ten and eleven o'clock in the morning, I was at the house in Swan-street, cleaning the windows outside, and observed a cab drive up to Mrs. Rathbone's door, No. 4—I saw a roll of carpeting brought out of the house, a bed, and a looking-glass, and put into the cab—I could not swear this was the glass—it was such a one—I cannot say how many persons were with the cab, whether there were a dozen, or twenty, or fifty—I saw no more than one—there might have been more—there might have been ten—I fixed my attention upon one
particularly which, to the best of my belief, was the prisoner Green—I believe it to be him—I saw him helping the things into the cab—I did not see any more besides him—I cannot say whether there was a cab man, or who was here, for I took no notice—I did not see the cab come or go away again—I saw it standing at the door—I did not see anybody with it—I did not notice any driver—I was minding my own business.
Cross-examined by MR. BALLANTINE. Q. Will you swear the cab was not a wheelbarrow? A. Yes—it had a horse—I had never seen Green before—there was nothing that called my attention particularly to him—I heard of his being in custody last Thursday week, from Goff, the policeman, who came to me the day before I was summoned to Clerkenwell police-court, to inquire whether I had observed any of the parties concerned in this, and I told him I had—he told me they had got hold of the man—I cannot say that he said he was quite sure of him—I will not swear he did not—he did not describe him to me, or say what he was like—I cannot say that the told me his name—he said he was at Clerkenwell police-court—he did not tell me there was no doubt I should identify him directly—I went to the police-court by myself—I saw Goff there—I saw Green when I was called in as a witness—he was in the Magistrate's room, not in the dock—another person was with him, and a female—I then believed that he was the person—I cannot tell the colour of the horse—it was a green, four-wheeled cab.
Cross-examined by MR. HORRY. Q. The carpet you saw was merely in the roll? A. Yes—it come out the gateway—the entrance is in a gateway.
MR. DOANE. Q. Is the gateway attached to the house? A. Yes—part of it goes into Mr. Butterworth's warehouse, and the prosecutor's door is at the side—the gateway is open to the public—the door is three or four yards up.
CHARLES BURGESS GOFF (police-constable L 83.) On Sunday morning, the 4th of Feb., when Nimmo (whose real name is Thompson) was in custody. I went to his house, No. 3, Sea Lion-place, near the New-cut, Lambeth, with Williams, another officer—in a cupboard up stairs I found a number of duplicates, these two among them, one for a pair of plated candlesticks, snuffers and tray—I raised a board in the floor, and under it found this crowbar resting on two nails, also twenty-seven keys, some skeletons and some not, and thirteen picklocks—this chisel I found in the cupboard up stairs—I afterwards accompanied Mr. and Mrs. Rathbone to the house in Swan-street, taking the crow-bar and chisel with me—I examined the door of the front parlour down stairs, and the front bed-room up stairs, and found several marks on them—two near the lock of the front parlour door exactly corresponded with the chisel and crow-bar together—it appeared as if they had been used together to prise the door open—the two together just filled up the vacancy—on the door of the front room up stairs I found six marks, three on the door and three on the doorpost—I took out this piece from that door, (producing it,) and it exactly fits this crow-bar—it has lost its point, and there is the corresponding mark on the wood—Nimmo went to live at this house is Sea Lion-place some time last March, I think, towards the latter end—I have known him for a long time—I know when the house was empty, and I saw him there shortly after—I know he lived there, and communicated the fact to Ronayne, and several other constables.
Cross-examined by MR. HORRY. Q. How long had he been in custody before you went to this place? A. I understood he had been taken the night before, but not on this charge—I found these things under the floor of the room down stairs—there are only two rooms, one up stairs and the other
down—these things were all in one room—I do not know Cole—an old man of that name was at the police-court, charged with being concerned in this house-breaking—I am at present on the look-out for his son, on the same charge—I do not know that Cole lived in this house—I never saw Cole in my life that I know of—since this inquiry I have not had any reason to know that Cole lived there—there was a young woman in the house when I went, who was left to mind it—I remained there till a person, who called herself Mrs. Thompson, came—no one else came—I went all over the house—there was no one in the upper room—Mrs. Thompson came in about half an hour after I got there, I took her into custody, she was discharged—Nimmo did not give me that address himself, but I have known him living there for the last twelve months.
COURT. Q. Was there a bed in the lower room? A. No, there was one up stairs.
WILLIAM RONAYNE (police-constable L 36.) Goof gave me some information about Sea Lion-place about eleven months ago, in consequence of which I had my eye upon that house—I have observed both the prisoners there at all hours, both day and night—they both appeared to me to be living there—I have seen them come home together at one and two in the morning—I have spoken to them at the door—I first saw them there about a week after Goff had spoken to me.
Cross-examined by MR. HORRY. Q. Thompson was in custody first, I believe? A. Yes.
Cross-examined by MR. M'MAHON. Q. Did you ever seen Green in that house? A. Yes, a great number of times—I know him.
SAMUEL HENRY BEZANT . I am shopman to Mr. Button, pawnbroker, John-street, Edgware-road. I produce a toast-rack, pawned on the 10th of May, in the name of John Green, 9, Homer-row—this duplicate produced by Goff is the one I gave the person pawning it—I have seen the prisoner Green at our shop.
Cross-examined by MR. M'MAHON. Q. Did you often see him? A. Not Very often—I do not recollect seeing him on that occasion—I do not know whether he pledged this, or had anything to do with it—he has pawned at our shop three or four or five times perhaps.
THOMAS HOOKER . I am shopman to Mrs. Gill, a pawnbroker, in Wilmont-street, Brunswick-square. I produce a pair of candlesticks, snuffers, and tray, pawned on the 11th of May last by the prisoner Green—he gave his address No. 9, Homer-row—the duplicate produced by Goff is the one I gave Green when he pledged these things—I took the pledge myself, and am quite certain he is the person.
Cross-examined by MR. M'MAHON. Q. Had you ever seen him before? A. Yes.
MR. DOANE. Q. Often. A. Very often.
WILLIAM BENNETT (police-constable D 18.) I took Green into custody on the 22nd of Jan., at 39, Drummond-crescent, Euston-square, where I knew he lived, from information I received from Mr. Evans—I searched his apartment, and found this metal box—I took it up and opened it—he said, "Oh that is of no consequence, there is nothing in it, it is only an old tobacco-box"—seeing it was of no value I put it in again, and there it remained till Mrs. Rathbone came and saw it, and claimed it.
Cross-examined by MR. M'MAHON. Q. How did he conduct himself while with you? A. I considered him a very honest young man—he was then shopman to Mr. Evans—he appeared industrious.
COURT. Q. What hours did he keep at night? A. Why, sometimes he used to come in rather late; it might be one or two o'clock in the morning occasionally—I did not see what he had in his room.
MRS. RATHBONE re-examined. These candlesticks, snuffers and tray, are my husband's, and were safe in the house when I locked it up at Easter—this little box was locked in my writting-desk—I have known it ever since I was a child—it belonged to my father—the writing-desk is gone—this toast-rack and looking-glass are ours; also this carpet and rug (Produced by Goff)—they were all safe in the house—I had locked the door of the room up stairs, and the street door.
JOSEPH ROWLES (police-constable L 44.) In May, 1840, I was at the Surrey Sessions, and saw Nimmo tried for felony—I produce a certificate of his conviction from the office of the clerk of the Peace—(read.)
NIMMO— GUILTY . Aged 21.— Transported for Fifteen Years.
GREEN— GUILTY . Aged 26.— Transported for Seven Years.
There were two other indictments against the prisoners.)
1021. WILLIAM LAWLER was indicted for feloniously breaking and entering the dwelling-house of Elizabeth Mary Cooper, on the 1st of March, at St. George the Martyr, Southwark, and stealing therein, 2 gowns, value 4s.; 1 gown-skirt, 1s.; 1 table-cover, 6d.; and 1 cloak, 5s.; her goods.
ELIZABETH COOPER . I am a widow, and live at Union-terrace, in the parish of St. George the Martyr, Southwark. I have seen two gowns, a gown-skirt, a cloak, and a table-cloth in the possession of a policeman—they are my property—I missed them from the front parlour between six and seven o'clock on Friday night, the 1st of March—I was in the kitchen—the door was shut—I do not know how they could have entered, except by a false key—I know nothing of the prisoner.
Cross-examined by MR. M'MAHON. Q. What is your name? A. Elizabeth Mary Copper is my baptismal name, but I am not called by my second name.
JAMES CASEY (police-constable M 228.) On the 1st of March, a little after seven o'clock in the evening, I met the prisoner in Great Union-street, forty or fifty yards from Mr. Cooper's with this bundle—I was about to stop him—he dropped it, and ran away—I picked it up, hallooed, "Stop thief," and another constable stopped him and brought him—I came up in about a minute after—I am sure he is the man that dropped the bundle.
Cross-examined. Q. How far was he from you when you first saw him? A. Two or three yards—I never saw him before—it was a moonlight night—there was a gas-light where he dropped it—he went to the other side of the Borough-road, turned into King-street, and into the first house in Martin-street, on the left-hand side—I lost sight of him in about a minute after he turned the corner of King-street—I did not see him after till he was in custody—I just saw him for a minute or so.
RICHARD MANNERING (police-constable M 172.) On the evening of the 1st of March I was in Union-street, heard a cry of "Stop thief," and saw the prisoner running very fast across the Borough-road, below Union-street—he turned up some small street, and from that into Martin-street—he entered
a door, and ran up stairs—I caught him by the coat on the first flight of stairs—he said it was not him at all—I had not charged him with anything; indeed, I did not know what it was about—while wrestling with him in the passage, my brother constable came up with the things on his arm—I searched the prisoner at the station, and found nothing on him.
Cross-examined. Q. Was not there a woman in the passage? A. Yes—she was not at the police-office, to my knowledge—I was nearly touching the prisoner all the way up stairs—I am certain he had not been there some time, for I was not a yard behind him when he went in.
COURT. Q. Did he say why he went there? A. No—I went there after he was locked up, and nobody knew anything of him.
(Property produced and sworn to.)
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Nice Months.
Before Mr. Common Sergeant.
JOHN GRUMMANT . I live in Albany-road, Camberwell. I had some wooden boards and quartering safe on the 20th of Feb. between five and six o'clock—I missed them the next morning between eight and nine—these are them.
ROBERT MACILWAIN . On Monday evening, the 20th of Feb., about half-past eight o'clock, I saw the prisoners go past my door with some boards and quarterings on their shoulders—I do not know where they went.
NOT GUILTY .
DANIEL NICHOLAS . I was to be bound apprentice on board the Lord John Russell last Saturday, but the vessel has sailed without me—I went down Tooley-street, and met the prisoner—she asked if I wanted a night's ledging, and said she had a house of her own, where I could have a comfortable bed, and sleep by myself—she asked how much I had got—I said 8d.—we went and had a pint of beer—she asked what I had in my bag—I said my shirt—she asked me to let her look at it—I did, and she bolted out of the door with it—I followed her knee deep in mud—I came up with her, and asked her for it—she would not give it me—I met a policeman, and while I was speaking to him she ran off—I came up with her again, but she had got rid of the shirt, and had changed her shawl—I am sure she is the woman.
Prisoner. I never saw the shirt, what do I want with a shirt?
GUILTY .* Aged 21.— Confined Six Months.
Before Edward Bullock, Esq.
MESSRS. DOANE and CROUCH Conducted the Prosecution.
MARY BROWN . I reside at the Crown and Anchor, Webber-street, Southwark. On the 7th of Feb. the prisoner came there between six and nine o'clock for a pint of beer, which came to 2d.—she gave me a shilling, and I
gave her a sixpence and 4d/.—I put the shilling on the counter, and kept it separate from other money—I afterwards received a shilling from young—I gave him a sixpence and 4d. change, and put the shilling with the one I had taken of the prisoner—I wanted change for a half-crown soon after, and went for the two shillings, and found they were both bad—I kept them separate from other money—on the 9th if Feb. the prisoner came again for half-a-pint of porter, and offered me a shilling—I said, "I know you"—I took the shilling, and put it under my thumb and bent it—it slipped from me—she caught it, and put it into her mouth, and I saw it no more—I gave the other two shillings to the constable.
Prisoner. Q. 1st it a beer-shop you Keep? A. Yes.
HENRY YOUNG . I am in the service of Mrs. Brown. On the 7th of Feb. I saw the prisoner in the tap-room with two young men—she had a pint of ale, and gave me a shilling to pay for it—I took the shilling to my mistress, got the change, and gave it to the prisoner, and she went away—I am sure I gave my mistress the same shilling.
GUILTY . Aged 23.— Confined Six Months.
1025. GEORGE THOMPSON was indicted for stealing 1 jacket, value 3s.; 1 waistcoat, 2s.; 1 pair of trowsers, 8s.; 1 shirt, 6d.; and 1 pair of boots, 5s.; the goods of Samuel Crawford, in a vessel on the navigable River Thames.
SAMUEL CRAWFORD . I am a seaman on board the brig Harriet, which was lying off the platform at Lower Rotherhithe, in the Thames—the prisoner was a seaman on board that vessel. On the 17th of Feb. after we had done work, I went on shore between five and six o'clock, leaving the prisoner on board—I went back on Monday morning, the 19th, about seven—I went below to look for my things, and every thing belonging to me was gone—the prisoner was gone also—I went on shore, and found him in the street—these are the things that I lost.
WILLIAM BOLAS (Thames police-constable, No. 25.) On the 19th of Feb., about nine o'clock in the morning, I received information, and went into a house in New Gravel-lane—I saw julia Jennery—I got from her this jacket—I apprehended the prisoner—I asked him what he had done with the things belonging to samuel Crawford—he said he had sold them to a Jew, and he would show me where the Jew lived—I went with him to a Person named Nathan, in Ratcliff-highway, and found the articles there.
BARNET NATHAN . I live with my father, Moses Nathan, in Ratcliff-highway—the prisoner came and asked if I would buy a pair of trowsers—I said they would not suit me—he then asked if I would buy the pair of boots—I called my father, and we bought these trowsers, boots, and waistcoat of him for 3s.
GUILTY . Aged 24.— Confined Two Months.
Before Mr. Common Sergeant.
MR. PRENDERGAST conducted the Prosecution.
GEORGE WILLIAMS (police-constable V 94.) At half-past twelve o'clock on Saturday night, the 17th of Feb., I was on duty near Mr. Hunter's Dock, at Nine Elms—I turned on my light, and saw two lads on the roof of Mr. Watson's granary, doubling up the lead—they were both dressed in fustian jackets and trowsers, as the prisoner appears now—I sprung my rattle—they crawled over the roof, and went into Mr. Watson's inclosed premises—I went round the road, sprung my rattle again, and got assistance—I went to Mr. Thornton's Wharf—the prisoner was brought to me in custody in about ten minutes by Hopkines—I searched the dock, and went to the spot where I had seen the two lads—I found a piece of lead on the top, partly cut off—I cut that off, and it exactly matches with a pieces my brother officer had taken before—I not form any notion of the prisoner's face at that distance, but his dress and size corresponded.
Cross-examined by MR. CROUCH. Q. How high was this place? A. About twenty feet—I had them in view three minutes.
JOHN DEMPSEY (police-constable V 268.) About half-past twelve I heard the rattle spring—I saw several persons standing near Mr. Watson's granary—I turned my light on, and went towards to granary—I saw a pair of laced boots and a piece of lead on the ground—they were close together—I then saw Williams come up—the piece of lead I found, and the piece be produced, corresponded.
THOMAS JOSIAH HARVIS . About half past twelve on the morning of the 17th of Feb. I was near the railway station at Nine Elms—I heard a rattle spring—two or three minutes after I saw the prisoner coming in a direction from the granary, walking along, not very fast—he said, "I think there is something the matter, I heard a rattle spring"—I said, "So have I"—he said. "Do you know what it was?"—I looked at him and saw he had no shoes or stockings on—I said, "It strikes me you are one of the party, I shall detsin you"—I went to lay hole of him—we scuffled. and he got away—he ran down right into the water, and got out of my sight—I called "Stop thief," and he was taken—he is the same man.
Cross-examined. Q. Was there a pathway on both sides the road? A. No—only one—he did not try to avoid me.
JAMES CHAINEY (police-constable V 119.) Dempsey brought the shoes to me—I saw them fitted on the prisoner—they fitted as if they had been made for him—he put them on himself—he got away from Dempaey and Oliver—I ran and took him.
Cross-examined. Q. What is Mr. Watson? A. An independent gentlemen—this granary used to belong to his mill—I Mr. Watson's agent, and have the letting of it—it has not been let for five or six years.
(The prisoner received a good charater.)
GUILTY . Aged 15— Confined Six Months.
1027. JOHN ROBERTS was indicted for stealing 1 jacket, value 25s.; 1 pair of trowsers, 12s.; 1 waistcoat, 8s.; and 2 shirts, 2s.; the goods of Owen Eynon; in a certain vessel upon the navigable river Thames.
trowsers, and other things—I saw them safe in the chest on the 23rd of Feb. and missed them that day—these are my things—the chest was broken open.
JAMES MALIN (Police-constable K 99.) I took the prisoner—I told him I wanted him for stealing some clothes of a shipmate, on board a ship at Horsleydown—he said, "To tell the truth, I took them; I don't care what becomes of me"—he put his hand into his pocket and gave me the duplicate.
GUILTY . Aged 22.— Confined Three Months.
1028. WILLIAM JACKSON was indicted for stealing 3 pairs of stockings, Value 3s.; 1 pair of drawers, 6d.; 2 shirts, 4s.; 1 frock, 1s. 6d.; 2 handkerchiefs, 4d.; and 2 waistcoats, 6d.; the goods of George Hunnum: and 3 handkerchiefs, value 4s.; the goods of George Inskipp; in a vessel on the navigable river Thames.
GEORGE INSKIPP . I was asleep in my hammock, on board the Rapid—I heard the lid of my chest fall down—I got up and got a light—I found the prisoner in the water cask—I knew him by his being about the ship before—we missed a bag of things—we found my two handkerchiefs by the water cask—these are them—the vessel was on the Thames at Rotherhithe.
GUILTY . Aged 21.— Confined Three Months.
1029. MARCUS PAUL was indicted for stealing 1 shawl, value 3l.; 1 veil, 1l.; 1 sheet, 10s.; 1 blanket, 10s.; 1 door-mat, 1s. 6d., 1 bolster-case, 6d.; and 1 printed book, 1s.; the goods of William James Dailey, his master.
WILLIAM JAMES DAILEY . I am a printer, and live in Coleman-place, Lower-marsh, Lambeth. The prisoner was in my service—I had an unfortunate affliction, and lost four children in ten days—I went into the country, and lost these things—this bolster-case, book, blanket, bolster, and pillow-case, I can speak to.
Cross-examined by MR. DOANE. Q. How long have you known them? A. About eighteen months—I went to Hampstead of an evening after my children were buried—I sometimes left my things in the prisoner's care, sometimes in care of Lipshotts, a workman, and sometimes in another person's—the prisoner sat up with the children, to his house—it had this blanket wrapped round it—I left Hampstead three weeks after the 25th of July, and then I missed these things—the prisoner has received small sums for me—I had a son of Best's while he was there—he was dismissed, as he was so dirty and slovenly that he was no use to me—Mrs. Best complained of his being sent back—I did not see Mrs. Best, to speak to her, till after the prisoner was in custody—I had no conversation with her before—I have been tried and convicted for fighting—I was tried for cutting and maiming, but was acquitted, and found guilty of a common assault—I was sent to prison for two months—I have been in Horsemonger-lane for debt, but I paid it afterwards—I printed placards about this property, and offered a reward of a sovereign, and then 2l.—I know Curtis—he is no relation of mine—I have never charged him with robbing me—there were three interested—one was a thief—I suspected two of them, and Curtis was one of them—he is a plumber, and is living with my wife's monther, in Early-street, seven-dials—I have said I suspected Curtis of robbing me, in the presence of wittnessses.
I made the bolster, and can swear to it—I believe this pillow-case to be mine.
Cross-examined. Q. Did you not find this book in the prisoner's drawer? A. Yes, in June or July—it belonged to my little girl that died—I took it out—I did not tell him had found It—I gave him a blanket for the use of the child—there was a boy who came from Mrs. Best—he was discharged—after that I heard Mrs. Best say that she knew something which would transport the prisoner—that was about a week previous to his being taken—she was in a violent passion—she asked the prisoner for 3d., for a shirt which he had purchased.
MARY ANN BEST . I produce a bolster—case and pillow-Case—the prisoner brought them to me with a black satin shawl and a black lace veil—I gave him 6d. for these—the others I said were too good for me—I have said I could transport him, because I saw this bill on the Friday before I want to them.
Cross-examined. Q. when was it he brought this bolster-case and pillowcase? A. In July last—my boy worked at Mr. Dailey's—I took him away, because I would not let him be in the prisoner's company.
MR. DOANE called—LIPSHOTT. My husband is in the prosecutor's employ, and was in the house at the time these things were lost—Mrs. Dailey said she knew no one hand them but her father-in-law, a man named Curtis—she told me that when the child was removed to the prisoner's lodging, he was so destitute that he had not a blanket, and she gave it him—I did not go to Mrs. Best and say I Knew the prisoner was a thief, and stole a shirt—Mrs. Dailey trusted two shirts to my care—they were lost, and when I heard this character of the prisoner, I went to Best's, knowing she was not particular in what she bought—I asked if she had bought such things—she said, "No."—LIPSHOTT. I was overseer to the prosecutor on and off for four years. I remember the affliction in his family—Mrs. Deiley came from the prisoner's house, and said, "I have been to that poor fellow's, and he has not a blanket in the house, I was obliged to send a blanket with the child because he has not got one"—and she said, "Look what I have found in Paul's drawer." showing the book, which was "Robison crusoe," and she said, "I have no doubt he took it with no intention of stealing it, but no amuse himself"—at that time Best was dicharged, and his wages stopped—Mr. Dailey told me he did not believe Paul had things, he believed curtis had them.
WILLIAM JAMES DAILEY re-examined. Mrs. Best lives two streets from me—I am not aware whether she and curtis are acquainted—the boy was discharged because there was a dispute about 6d., and he was not of much use to me.
(The prisoner received a good character.)
GUILTY . Aged 38.—Recommended to mercy.— Confined One Month.
JOHN GRUMMANT . On Tuesday, the 20th of Feb., I missed four twelve feet boards from a building—I informed the police, and about two hours after I was sent for to the prisoner's bed-room—I found the boards there—he said he took them up stairs, that on that Friday evening he was with Rusby, and Rusby asked him if he would buy some wood—he said he would, he did not Know where it was to come from, nor what it was to come to.
Cross-examined by MR. WILKINS. Q. Do you know Rusby or scudamore? A. I know Rusby—he is not here—Scudamore is—he was tried here the other day for stealing the boards—Mr. Davis brought him as a witness—the prisoner told the Magistrate that these boards were brought to his house while he was at the play, and when he come home it was pouring with rain, and in order to keep them dry he took them up into his bed-room.
RICHARD DAVIS (Police-constable P 55.) I went and found four long deal boards in the prisoner's bed-room, and the quartering pieces in the yard—I told the prisoner I had two persons in custody for stealing them, and had found the boards in his house—he said he saw the prisoners on the Friday before, who asked him to buy some wood, he did not know where it was to come from, nor what it was to come to.
GEORGE SCUDAMORE . On Monday night, the 19th of Feb., I and Rusby Were sitting in a public-house—a young man came and asked if we would earn 1s., and we went and carried the boards and wood to No. 4, John-street, where the prisoner lives—we did not see him—I came away, leaving Rusby there.
(See page 739.) NOT GUILTY .
Before Edward bullock, Esq.
1031. JAMES SMITH was indicted for stealing 30lbs. weight of sugar, Value 21s., the goods of Joseph Stubbs and others.—2nd COUNT, stating it to be the goods of Thomas Daley; and that the prisoner had been before convicted of felony.
MR. PRENDERGAST conducted the Prosecution.
WILLIAM OSBORN . I am a carman. On Saturday, the 17th of Feb., I received twenty titlers and twenty loaves of sugar from Stubbs and Absolom's, in Rood-lane, to take to Sims's wharf, in the Borough—the wagon got to the wharf about ten minutes past eight—I left Rood-lane about a quarter to eight—when I got to the wharf two titlers of sugar were gone—it was not possible for them to have falllen out, because the wagon was boarded up, and they were not so high as the wagon—there were two tarpaulings and the coat I have on over them—I received information as to some person being about my wagon—I did not obseve anything myself.
WILLIAM DAVISON DAY . On Saturday evening, the 17th of Feb., I was in Philip-street, near the commercial-road, from half-past eight till twenty minutes to nine with Hamms—I observed the prisoner and another man coming towards me—the prisoner had a bundle on his shoulder—they separated just before they came to us—the prisoner turned down Storey-Street, and after some time he threw the bundle off his shoulder and ran off—I pursued him—I did not lose sight of him till I took him—I asked what he threw down—he said, "Tobacco"—I came back, and met Hamms, who had picked up this sugar—I then asked the prisoner again what it was—he said, "I suppose you know by this time, it is a lump of sugar"—he said a man had employed him to
carry it, and he could not tell where he was to take it or to what street—he did not tell me where he go it.
JAMES HAMMS (police-constable K 248.) I was with Day—I directed his attention to the prisoner and the other man—they separated, and the prisoner crossed Phillip-street, and turned down Storey-street—we followed them—when was got about two yards from the prisoner, he threw down the bundle and ran—I told Day not to lose sight of him—I took up the sugar, and went and met him—I said to him, "Do you know what you threw away?"—he said, "You know by this time, it is sugar"—I said, "Who gave it you?"—he said, "A man with a velveteen jacket, breeches, and cap gave it me"—I asked where he was to take it to—he said, to a street three or four turnings down, but he did not know the name of it, nor what house—this is the sugar—it was packed in a black bag, which looks like an old petticoat that has been sewn up, and been put over a fish-basket—it smelt very strongly of fish.
GEORGE DALEY . I am in the employ of Joseph Stubbs, Absalom, and others. I put the sugar in the wagon, and delivered it to the carman—this is one of the lumps—it has my mark on the paper—it is my master's.
Prisoner's Defence. I was coming down Commercial-road; a man asked me if I would earn 2d.; I said, "Yes," and he gave me this to carry; I was seen by the officer; I dropped it, and ran off.
GUILTY . Aged 19.— Transported for Seven Years.
Before Mr. Common Sergeant.
1032. WILLIAM WILKINSHAW was indicated for stealing 1 copper, value 15s., the goods of George Stevens, and fixed to a certain building; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 18.— Confined One Year.
MR. CLARKSON Conducted the Prosecution.
JOHN FELL . I am foreman to John Cope Folkard, pawnbroker, London-road. On the 2nd of Dec. 1842, the prisoner pawned an ingot of silver, wrapped up in two papers—he said, "Eight ounces of silver, 4s. an ounce; 1l."—upon that I united the paper containing the goods, and found it was an ingot of silver—I applied the test of aquafortis—it responded to the test as silver—I rubber it, I weighed it, and found it weighed eight ounces—I advanced 1l. 12s.—he took out at that time a pair of silver snuffers—he is a silver-snuffer-maker by trade—ib the 7th of December be brought eight ounces more, wrapped up as before—he said, "Eight ounces, the same as before, 1l. 12s."—I applied the same tests, and found it responded to the test as silver—I weighed, and found it weighed 80Z.—I gave him 1l. 12s. for it, and out of the money he redeemed a pair of snuffers—on the 22nd and 30th of Dec. he brought 80z. of silver, and said "Eight ounces, the same as before, 1l. 12s."—I did not test them, because they were so similar in appearance—he was present when I took them—I went to the other end of the shop to weigh them—I should think he saw that I did not test it—he received cash on the two last occasions—on the 13th of March, all the silver that I had received had been redeemed by payments in cash—on the 22nd of March he produced these two articles wrapped up in two papers, precisely in the way the others were done up, and the same in form, appearance, and mould—he said, "Eight
Ounces, 4s. an ounce, the same as before, 1l. 12s."—I did not test them—I merely weighed them—I believed them to be silver, the former being silver and these being so similar in form, and wrapped up in the same manner, and because he said "The same as before"—I gave him two tickets and the money—on the morning of the 24th of March he pledged a pair of genuine silver snuffers for 1l. 8s., and redeemed them in the evening by bringing these other two ingots, and said, "Eight ounces, 4s. an ounce, the same as before, 1l. 12s. each"—at that time he produced the ticket for the snuffers he had pledged in the morning—I allowed him on account 3l. 4s.—he received the balance, 1l. 15s. 2d.,—on the 4th on Dec. 1843, he came again, and brought these two pieces—he said, "Eight ounces, 4s. an ounce, 1l. 12s. the same as before"—I paid him 3l. 4s. in cash—when I paid him on former occasions I paid him in gold and silver—on the 30th of Dec. he came again, and produced these two pieces—he said, "Eight ounces, 4s. an ounce, the same as before"—he then produced a ticket for a pair of snuffers, which had been pawned for 1l. 8s., and said he would take these out—he received in case 1l. 15s. 2d.
Q. How many pieces of the same sort as those were pawned with you between the 22nd of March, 1843, and the 30th of Dec.? A. Thirty-eighty—they were pawned on nineteen different occasions between those dates—they have all been assayed—all the genuine goods he had pawned had been redeemed by means of these articles, which were left in their stead—in consequence of some doubts that I afterwards had with Mr. Folkard about these things, they were taken out and submitted to Mr. Johnson the assayer—I went with an officer to the prisoner's house, in St. john-street—he was living there under the name of Ratcliffe—the name was on the bell—the prisoner opened the door, and said, "I know what you are come about; it is a bad business, but I have been imposed upon myself; I have been expecting you before"—the officer came and took him—all that he pledged with us besides these were silver articles—but for the representation he made that these were the same as before, I should not have advanced money on them.
Cross-examined by MR. PRENDERGAST. Q. How long has he been a customer of Mr. Folkard's? A. Ever since I have been there, about a year and a half—I have heard he has been a customer for ten or fifteen years—we did not know his address, we got it at Goldsmith's-hill—he had always used the name of Stevens to pawn in—we found there was no snuffermaker of that name, but one of the name of Ratcliff, in St. John-street, and the address he gave us was john-street—all the duplicates are in the name of Stevens—I referred to Mr. Folkard the first transaction—he said he knew him very well, and it was all right—none of these articles are out of date; they are all redeemable, and all are still pledges—he has pawned articles, and taken them out the same day on one or two occasions—they have been snuffers—they were finished, except polishing—sometimes he has kept a pair of snuffers or other article in for two or three weeks—pawnbrokers charge a month's interest, so that if he pawned a pair of snuffers, and took them out the same day, there would be a month's interest—it would be 5d., or 20 per cent.—in general, when the ingots were pawned, he took out a pair of snuffers—on nine occasions he received cash—he took ingots out more than once—he took one out on the 13th of March—this is the duplicate of that—it was pledged on the 2nd of Dec.—I have not those ingots that were tested—they were both taken out—the two latter ones in Dec. were taken out—I do not know whether they were genuine—in Dec., 1842, there were four pledges—I tested the two first—Mr. Folkard said his father, who kept the shop before him, had known the prisoner for a very long time—I not know that he has ever suffered anything to be forfeited, nor
that everything he has put in has been taken out—my reason for not testing on these other occasions was that the first ingots were silver, and these were precisely similar in appearance—my reason for advancing the money was because I considered that they would be redeemed—if he had been a stranger I should have tested them all unless I had received the former pieces.
MR. CLARKSON. Q. How many pieces of spurious metal is there now in your master's hands pawned by the prisoner? A. Forty-six—there is nothing else of a genuine kind at my master's, pawned by him—we went to Goldsmith's-hall and could find no silver-snuffer maker of the name of Stevens, but one of the name of Radcliffe, in St. John-street, and on going there we found the name Radcliffe on the door—he did not redeem any of the spurious articles after the 13th of March-73l. 10s. has been advanced on these—he never brought any ingot, but those spurious ones, after the 13th of March.
GEORGE RICHARD JOHNSON . I am an assayer, and conduct business in Maiden-lane. I have assayed these forty-six packages that are here—none of them are silver—they are metal of very little value—they appear to me to be a kind of pewter—they are nearly all of the same material, and are worth about 9d. a pound.
Cross-examined. Q. You have no difficulty in saying this is not silver? A. Before I passed an opinion, I should have tried whether it was soft or bard—I have no doubt it would make a black mark—I have not analysed it.
COURT. Q. Is it of such a nature that a person might take it for silver? A. It is white metal similar to silver, and an inexperienced person might take it for such.
----(police-constable L 164.) On the 8th of Feb. I accompanied Fell to No. 60, St. John-street, with a warrant—Fell went in, and in about a minute I went in—the prisoner said, "You are an officer, I presume?" I said, "Yes"—he said, "Have you got a warrant?"—I said, "Yes, shall I read it?"—he said, "No; if you please, I will," which he did, and said, "Yes, I am the man, my name is as stated on the duplicates"—he afterwards said he thought Mr. Folkard was vindictive; if he had come himself, it might have been arranged differently, but as it was, it would be his ruin, and Mr. Folkard's loss.
(Mr. Higgins, formerly in the employ of Messrs. Bundle and Bridge, gave the prisoner a good character.)
GUILTY . Aged 64.— Judgment Respited.
ADJOURNED TO MONDAY, THE 8TH OF APRIL.