CENTRAL CRIMINAL COURT.
EIGHTH SESSION, HELD JUNE 10TH, 1844.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City Of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, June 10th, 1844, and following Days.
Before the Right Honourable WILLIAM MAGNAY , LORD MAYOR of the City of London; Sir John Gurney, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench: Matthias Prime Lucas, Esq.; Thomas Kelly, Esq.; Sir Chapman Marshall, Knt.; Sir John Pirie, Bart.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; Michael Gibbs, Esq.; John Johnson, Esq.; John Kinnersley Hooper, Esq.; Thomas Farncombe, Esq.; William Hughes Hughes, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
MAGNAY, MAYOR. EIGHTH 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, June 10th, 1844.
First Jury, before Mr. Recorder.
NOT GUILTY .
NOT GUILTY .
GUILTY . Aged 14.—Recommended to mercy.— Confined One Week.
GUILTY . Aged 63.— Confined One Month.
1544. SARAH LANNING was indicted for stealing one petticoat, value 2s.; 2 shifts, 3s.; 1 night-gown, 1s. 6d.; 3 gowns, 10s.; 2 caps, 1s.; 1 pair of stockings, 1s. 6d.; 1 pair of stays, 2s. 6d.; and 1 shawl, 3s.; the goods of Maria Gardner; to which she pleaded
GUILTY . Aged 20.— Confined Three Months.
OLD COURT.—Tuesday, June 11th, 1844.
Second Jury, before Mr. Recorder.
HENRY DAVIS (police-constable E 25). On the 10th of May I was on duty in Holborn, between Southampton-street and Museum-street—I saw the prisoner following Mr. Crockett—I watched for some time, and saw him lift the skirt of his coat, take a handkerchief out, put it in his breast and run off—I crossed and took him with the handkerchief—there was a scuffle—I was knocked down by the mob, and the handkerchief dragged from me—Mr. Crockett had claimed it in the prisoner's hearing—he begged him to let him go and said he would not do so again—I took him to the watch-house—it was a silk handkerchief, red and coloured.
Prisoner. The gentleman said, "Let him go, he has done nothing." Witness. Nobody said so in my hearing.
JOHN CROCKETT . I live in High Holborn, and am a pawnbroker. On the evening of the 5th of May, about seven o'clock, I was in Holborn—I called, and saw the policeman holding the prisoner—I saw my handkerchief in
the prisoner's hand—it was silk, a red border and stone-coloured middle, with spots—I am certain it was mine—the prisoner went on his knees, and begged me to let him go—I had Mrs. Crockett waiting for me—a mob collected—I was glad to get away—it was safe when I left my house, which was thirty yards off.
Prisoner. Q. Did not you tell the policeman to let me go? A. No—I said I did not want the bother, and had rather let him go—I did not say he had done nothing.
Prisoner. I was taken to the station, and there was no owner for the property, but next day this person came—there was plenty of time for the policeman to get somebody to claim it.
GUILTY.* Aged 19.— Transported for Ten Years.
(The prisoner had only been liberated five days from an imprisonment of twelve months for a similar offence.)
1546. ANN MERGROVE and MARY MASON were indicted for feloniously assaulting William Duggin, putting him in fear, and taking from his person, and against his will, 1 watch, value 1l. 5s.; 1 breast-pin, 7s.; 2 half-crowns, 4 shillings, and 2 pence, his property; and feloniously beating, striking, and using other personal violence to him.
WILLIAM DUGGIN , dyer, Field-terrace, Battle-bridge. On Sunday the 5th of May, near twelve o'clock at night, I was in the City-road between the canal basin bridge and the Sportsman—I had been drinking—Mergrove accosted me, saying, "My dear, will you come home along with me?"—I did not say I would, but I went with her to Parr's-place, Cottage-lane—I cannot say what time we got there—I had a small old-fashioned silver watch, a gold union pin, two half-crowns, four shillings, and two penny pieces—when we got to the door of a house there it was opened—I stood at the door a second or two, pausing whether I should go in or not—I was not desirous of going in—I had a cigar in my hand—I wanted a light, and went in to get one from a candle on the table—Mergrove directly shut the door, and said, "You had better sit down for a minute or two"—I do not recollect whether I sat down or not—I did not like the appearance of the place, and told her it was very late and I must be going—she stood against the door and said I should not go without I paid 5s. for the room—I refused to do so—she used some bad expression, and Mason came in and said I must pay 5s., for I had been along with the girl—I told her I would not pay anything, I had only been there a second or two, and I did not see that I had anything to pay for—she said I had been along with the female, and I should pay 5s. before I left the place—she instantly bolted the door, top and bottom, locked it and took the key away—I made an effort to get out, but there was no chance—they took me by surprise—I was not aware she had fastened the door—she did it while I was parleying with Mergrove—finding I was determined not to give anything they both caught hold of the ends of my cravat and pulled it the reverse way—at that time I suppose they disengaged the union pin from my handkerchief—they pressed me down by the back part of my neck, on an old sofa—I was almost strangled, and had hardly any power—I distinctly felt their fingers in my waistcoat pocket, in fact all my pockets were rifled at the same time—during the struggle a man came in from the back place, and made the same demand, that I was to give them some money—I made an effort to get to the door and he intercepted me—my hat fell off in the struggle, and he kicked it towards the back place from whence he came, as if to get possession of it—this is it—it is broken in all parts—I screamed out murder, and made a desperate struggle to get away—the door was then
opened by some one, and they all pitched me into the street—they tore my coat completely off my back—this is it—it was new, and the second time of wearing—on coming out I missed my pin, my watch, and money—I waited for assistance—no one arrived for about twenty minutes, and during that period Mason came out and pushed me backwards into the kennel—she then lifted up my coat as a flag and said, "There, you b—"—I got a policeman when I got into Goswell-road, and he took them into custody—I have not recovered my pin or watch.
Cross-examined by MR. DOANE. Q. You had been drinking? A. A little, I knew pretty well what I was about—I knew what I was going with Mergrove for—I did not pay her any money, I had no occasion to do so—nothing had transpired—I was not there three minutes before this occurred—I had been about a second with Mergrove when Mason arrived—the man came in while I was quarrelling with the women—he was also taken into custody—I made every effort I could to get out—I took up the poker at one time to defend myself—I did not swear I would knock Mason's brains out—it was directly taken from my hand by the two females—I had been at my brother's that night—I was not exactly drunk—I left my brother a little after eleven o'clock—I did not go into a public-house after that, I came direct from Cambridge-heath towards King's-cross—I had a glass of gin and water at Mr. Stevens's, the Duke of Cambridge, and nothing else—I had been there with my brother all the afternoon—we went there about eight or nine o'clock, and then went for a walk to Clapton and back—we had no drink there—all I had at Mr. Stevens's was half a glass of gin and water, and that is all I had that evening.
COURT. Q. What had you had in the afternoon? A. Very little—very little animates me, I am not used to drink.
JOHN REDMAN (police-constable G 232.) Duggin applied to me about a quarter or half-past twelve o'clock—he pointed out the house to me where he was robbed—I asked what he had lost—he said, "A watch and pin"—I asked what else, and he told me—the door of the house was ajar—we went in, saw the prisoners and the man, and he gave them into custody—I told the females to put their bonnets on, they must go with me to the station—the man directly ran out at the back door—I ran out at the front door, and sprang my rattle—he was caught by another constable—I came back, and took the two females into custody—they were searched, and nothing was found on them—I found no pin, watch, or money—I searched the house afterwards, and left two constables there, while I went to the station—the prosecutor was the worse for liquor—he seemed to understand what he was about pretty well.
CHARLES NICHOLLS (police-constable G 166.) I was in Goswell-road on the night in question, and heard the springing of a rattle—I saw a man running, and rook him into custody—I found on him a half-crown, a shilling, and two penny pieces—the prosecutor had told me his loss before I found it.
JAMES STEVENS . I keep the Duke of Cambridge, in Felix-street, Hackney-road. On Sunday, the 5th of May, the prosecutor and his brother came to my house, about four o'clock—we sat in the bar together, and had a glass of gin and water apiece—he went home to his brother's to tea, and came back again about eight o'clock—they had a dram at the bar, and went for a walk—they returned about ten o'clock, and had a glass of gin and water and a pint of ale—he had then his union pin in his cravat—I should say he was not the worse for liquor—he spoke rationally enough—I was about having a lodge fitted up, the Knights of Burgundy—he was telling me he should come down and join it the following Wednesday night—in my opinon he was sober enough to know what occurred.
Mergrove's Defence (written.) "He told me if I would take him home he would give me half-a-crown; he went home with me; when I got home he refused paying me; he was quite in liquor. Mrs. Mason came home shortly after; the prosecutor then began to use me ill; I put my back against the door, to prevent his going out; he pushed me to the other side of the room, and took up the poker, and swore he would knock my brains out. When I found my life was in danger, I opened the door and ran into the parlour, and the prosecutor after me; he then swore he would break the chimney-glass. Mrs. Mason endeavoured to take the poker from him, when he struck her violently across the arm; he then struck the fender, and broke it into pieces; Mrs. Mason screamed, 'Murder!' I then ran out through the kitchen for assistance, and Thomas Mapson was going by at the time: he came and took the poker from his hand, Mrs. Mason ran out of the front door into the street; the prosecutor took the candle and candlestick off the table, and threw it at her; it missed its aim, and it fell into the gutter; he then struck her with his fist several times; she struck him again; her dress got torn; she ran into the house, and prosecutor after her, but he was prevented from going in, by a man that rescued her from him: he then went away, and returned in a few minutes with a policeman, and gave us all three in charge: he did not say he was robbed until we all got to the station."
NOT GUILTY .
OLD COURT.—Wednesday, June 12th, 1844.
Third Jury, before Baron Gurney.
MR. DOANE conducted the Prosecution.
THOMAS BRIGHTMAN . I am a gardener, and live at 19, Wimpole-street. On the 22nd of April, I advertised in the newspaper, and received a letter next day, which induced me to go to the Peacock, at Islington, on Tuesday, the 23rd—I got there a little after two o'clock in the afternoon—I was shown into the parlour—I said I had come to see a gentleman named Clarke, and in a short time the prisoner came into the parlour—he asked the waiter if anybody had been inquiring for him—I said yes, I was the person who had come to inquire for him—he said, "Oh, sit down"—I had the letter in my hand, and said, "Is this your handwriting?"—he said it was, that he wanted me as a porter to himself and father, to deliver light parcels and messages—I showed him two written recommendations—he seemed very well pleased with them—he said he would give me 1l. a week to start, and if I suited him and liked the place he would advance me considerably in two months—I had some drink at my own expense, and he had brandy and water—we parted, he said he would write for my character, and let me know as quick as possible—he was dressed in dark trowsers, a cloak, and blue spectacles, with glass sides and front—I was about ten minutes with him—I left him there—on Tuesday the 30th of April, I received another letter, signed Clarke, in consequence of which, I went to the long-room in the Custom-house, on Wednesday, at eleven o'clock, and after some time saw the prisoner there—he came into the middle of the room to me—I had waited about a quarter of an hour—I followed him to the door—he said he had
written for my character, and he and his father were very well satisfied with it, as is mentioned in the letter, that he had nothing particular for me to do that day, but on going down the steps he gave me a blank letter to take to the Bank of England hotel, by the Great Western Railway office, this is it—I was then to meet him at the Gloucester coffee-house, Piccadilly, at half-past one—I went and left the letter, and afterwards to the Gloucester coffee-house—I met him on the pavement—he asked if I had taken the note—I said I had, and he gave me 1s. to get my dinner—he then said he had business to do with a wine merchant by Leadenhall-street—I was to meet him at half-past three o'clock at the East India-house (this was on the 1st of May)—I went to the East India-house, and found him on the steps about half-past three o'clock—he said he wanted me to go to the bank in Old Bond-street—he pulled a bag out of his pocket, and took out a check for 170l., this is it—I was to bring him 70 sovereigns and ten 10l. notes to the King's Arms, opposite the East India-house—I went to Old Bond-street with the check, got there in about forty minutes, and presented the check—I was detained, told it was forged, and was taken into custody—I told how I became possessed of it, and was afterwards taken to the King's Arms, Leadenhall-street, but did not find the prisoner there—I could hear nothing of him—I was discharged that day—when I saw him at the India-house, he wore a brown coat and dark trowsers, but no cloak or spectacles—on the 18th of May, I saw him looking in at a picture-shop window in Great Portland-street, about two o'clock in the day, and recognised him—I stood by him a short time, passed and noticed him—he at last moved on into Oxford-street—I followed him into Hyde-park, saw a policeman there, and gave him in charge—I said I gave him in charge for giving me a forged check to take to the bank—he gave his name as George Reginald Whitaker, No. 3, Quickset-row, New-road.
Cross-examined by MR. CLARKSON. Q. Did he not say he knew nothing whatever of the charge, and had never seen you before in his life? A. Yes—I went to my own apartment in Wimpole-street, on my way to the bank, and showed the check to my landlady—I was there a very little while—I had a little porter there—it is a gentleman's house she is minding—I then went to Bond-street—I did not hear the prisoner implore the Magistrate to remand him, for the waiters and persons at the places I mentioned to be produced—I think you spoke of it—the waiter was produced at the second examination, and saw the prisoner—Mr. Bush declined calling him.
CHARLES HOLYER . I am cashier at the bank of Sir William Call and others. On the 1st of May this check was produced to me by Brightman—I at once doubted its being Mr. Princep's, the drawer's, handwriting—I detained it, and had Brightman taken in charge—Mr. Princep had an account with us—we detained Brightman in the house a quarter of an hour or twenty minutes—I accompanied him to the police-station—the check is not an impression from our plate.
HENRY T——PRINCEP. I live in Hyde-park-gardens. I have an account with Messrs. Call—this check has not my signature—no part of it is my writing, nor was it written by my authority.
Witness for the Defence.
MRS. THOMAS. I live at No. 3, Quickset-row, New-road. The prisoner lodged with me for a year and seven months—he never had a cloak of any kind, nor blue spectacles—he bore the best of characters, and kept good hours—on the morning of the 1st of May he went out about a quarter to
twelve o'clock—I am certain he did not go out before that—I had occasion to make his bed furniture, and could not finish it in consequence of his remaining at home—my house is a considerable distance from the Custom-house.
MR. DOANE. Q. How do you recollect it was the 1st of May? A. There was a dispute between my youngest daughter and the servant respecting the day, that Wednesday morning—my daughter said it was the 1st of May—the servant went out, and saw the sweeps, and on coming home said it was the 1st of May, as there were the sweeps.
ELLEN ALWRIGHT . I am a sempstress. On the 1st of May I was at work at No. 41, Craven-street, Strand, and went to Mrs. Nichols's, No. 38, in that street, at two o'clock, to fetch a bonnet to be cleaned—I remained there till after three—there was a child there at dinner—I afterwards went out with the child and the bonnet—the prisoner was there when I went, and I left him there—I returned between four and five—he was still there—Mrs. Nichols and her nurse were there then.
MR. DOANE. Q. How do you know it was the 1st of May? A. I worked there the day before and the day after—the children were very anxious to see Jack-in-the-green.
(The prisoner received an excellent character.)
NOT GUILTY .
First Jury, before Mr. Baron Gurney.
1548. SAMUEL WITHERS and HENRY GILES ATKINS were indicted for uttering a forged 5l. Bank of England note, with intent to defraud the Governor and Company of the Bank of England.—2nd COUNT, with intent to defraud John George Weston.
JOHN GEORGE WESTON . I am a tobacconist, and live at No. 35, Holbornhill. On the 25th of April, about seven o'clock, the two prisoners came to my shop together—Withers spoke first, and asked me the price of goods, which I told him—he then said that he wanted to make a purchase, and that he had a bill, which he produced—I said, if it was a good bill I had no objection to take it—he said it was accepted by a party in the Custom-house, if I inquired I should find it worth my notice—he left it with me to see if I would take it—this is the bill—it is accepted by a Mr. Burnside—his residence is stated in the bill as Spring-terrace, Horsemonger-lane—I went next day to the Custom-house—I did not find any such person as Burnside—I did not see the prisoners myself afterwards till they were in custody.
Cross-examined by MR. O'BRIEN. Q. I believe you entered into an arrangement with Withers to take some cigars on your discounting the bill? A. No—he left it with me to inquire—I said, if I found it was good, I would take it—I did not inquire at No. 5, Spring-terrace, as Burnside was not known at the Custom-house—the prisoner represented him as a clerk or officer there—I inquired of several people in the hall—I found he was not in the Custom-house at all, and did not trouble to go to Spring-terrace—I have been there since, and found a Mr. Burnside lived there; and next day we went, and he was gone, and his goods also—I did not know Burnside, and never took two bottles of wine with him—when I went after Withers was in custody, I was asked to take a glass of wine by a person representing herself as Mrs. Burnside—I did not see Mr. Burnside there at all—the address of Withers, No. 15, Stand-gate-street, Lambeth, is on the bill—I went there to arrest him—he was not there—nobody knew the name of Withers there—after a deal of inquiry, and waiting about all day, we found him, and found he had lately married a person named Bath—he was living there by that name.
came to the shop when master was not there—I had not seen them when master was there—they came together, about ten o'clock, on the Saturday evening—Withers said they had made an agreement with Mr. Weston for some cigars, and they had come to take them away—they named what sort they wanted, and I gave them 2lbs. of cheroots, 2lbs. of different sorts, and 2lbs. of British Havannahs—they took them away, and Withers gave me a 5l. bank-note—Withers came back, and said he would take another pound of cigars—the goods amounted to 3l. 1s.—I gave him 5s., which was all the change I had, and they went away—I put the 5l. note into the till until I went home—I then gave it to Mr. Weston—there was no other note there—it was the only note I ever took.
Cross-examined. Q. I believe Withers called three times that day? A. Yes—the first time was about one o'clock—he asked me if Mr. Weston was at home—I said No, I thought he was at the other shop in Queen-street—they went out, then called again, between four and five, and asked if Mr. Weston was in—I said I had not seen him since—I did not tell them he was at the shooting gallery—they called the third time about ten, and asked if Mr. Weston was within—I said "No"—Withers said he had come for the cigars, he had made an agreement with Mr. Weston, and I let him have them—he said he had been into the country, and was going again, and would come for the change of the note when he came back on Monday—he told me to tell master he was the Mr. Withers who had left a bill with him the day before—I told master so—master had told me not to give up the bill, and I did not—I looked at the number of the note when it was first given to me to see the number—I am certain of that—this is my signature to this deposition—(the deposition stated, "The note was No. 1769; I took no note of the number at the time; I put it into the till; I noticed the number at the time.")
MR. WESTON. The witness gave me the 5l."note—I looked at it, and pronounced it bad immediately—I went on Monday morning to the Bank, and had it marked "forged"—this is it.
Cross-examined. Q. Do you call it a good imitation? A. No.
THOMAS GREATHEAD . I am a cheese monger, and live in Bridge-row, Lambeth. I received this 5l. note, which has been produced, on Saturday, the 13th of April, from a woman—on looking at it afterwards I imagined it to be forged, and sent after her—she brought the prisoner Withers to me the same day, and said, in his presence, he was the person who had paid it to her—he asked to look at it—I showed it to him—he said it certainly was the note he had given her, but from the parties he had it from, he did not think it was a bad one—I told him my impression, it was; that I had spoken to the woman, and I should have the money back on Monday—I had given her the change for it—on the Tuesday they paid four sovereigns—I kept the note till Saturday, the 27th, about eleven o'clock, or from that to one, when Atkins brought the remaining sovereign, and took the note away—he was not with Withers when he came before, but he had called in the meantime with a message, and he said he had come from Withers to pay the sovereign and take the note.
Cross-examined. Q. Did you know who the woman was? A. Yes; I had known her some years—I think Withers said he knew it was the note he paid the woman, because the name of Mason was on it—he looked at it, and said it was the note—I cannot say he recognised it by the name on it, but I had seen that name on it—it had been kept separate from other notes—I told the woman I believed it was a bad note—she proposed to take it back, and pay me.
SARAH MURRAY . I live in Temple-street, St. George's-road. On this Saturday night the two prisoners came to my house—Atkins came first with a bundle to Mrs. Danks; I live next door, and she not being at home, I took the bundle from him—Withers came to Mrs. Danks's shortly after, and she not being at home, I went to him—he said, "Have you seen Atkins? because he has got a bundle of mine"—while I was talking, Atkins came up—I was standing at my door, and we had a little conversation—the bundle was opened, and about a dozen cigars taken out and given to me—they then went away.
Cross-examined. Q. Do you know Withers's residence? A. No—I never saw him before, nor his wife.
Cross-examined. Q. What did you pay for them? A. Sixteen shillings—that was a fair price—I have known him about four years as a tobacconist—I never heard anything against him—he kept a shop in Dover-road when I knew him.
JOSEPH TODHUNTER (City police-inspector.) I have produced the note—it has been in my custody—I apprehended Withers on the 29th of April, in Stangate-street, Lambeth, going into his house, No. 15, I believe—I apprehended Atkins on the 3rd of May, in Kent-street, Borough.
Cross-examined. Q. Did you search Withers? A. Yes, and the house afterwards—I found on him a bill for 4l. 14s. 6d., at three months' date, a similar bill to the one produced, but the drawer of this is the acceptor of the other; also a spoiled bill for 9l. 15s.
Atkins's Defence. Mr. Weston has known me many years; I gave him an order a week before for cigars.
WITHERS*— GUILTY . Aged 25.— Transported for Ten Years.
ATKINS— GUILTY . Aged 32.— Confined Two Years.
Third Jury, before Mr. Baron Gurney.
MR. CLARKSON conducted the Prosecution.
GEORGE TAYLOR . I am a clerk in the banking-house of Sir Samuel Scott, Bart., and two others—they carry on the business in Cavendish-square under the firm of Sir Claude Scott and Co. On the 3rd of May the prisoner presented this check for 390l. to me, and said he wished change for it for Mr. Redmayne, of Bond-street—Mr. Redmayne was a customer of ours—I gave him six 50l. and four 20l. notes, and ten sovereigns—the check was forwarded from our house to the Bank, and was afterwards returned to us as forged.
Cross-examined by MR. WILKINS. Q. I presume that you have before cashed checks on the cashiers of the Bank of England? A. Yes—I cannot say that I know an instance where the cashiers of the Bank of England have cashed a check of this description—it was their rule to refuse to cash checks not written upon printed forms; but, with their alterations lately, I cannot say whether it is so now—the indorsement induced me to cash the check—I know Mr. Ceates—I believed this to be his writing at the time it was presented to me.
ARTHUR MAITLAND . I am a clerk in the Bank of England. This check was produced at the Bank, and returned as being forged—I examined the signature of Pulsford—it is not his writing—we have only one William Pulsford
who keeps cash at the Bank—we never pay checks, except on printed forms.
Cross-examined. Q. Then, whether forged or not, you would never have cashed this check? A. Certainly not.
WILLIAM PULSFORD . I live at No. 11, Hyde-park-terrace. I keep cash at the Bank of England—this check for 390l. is not my handwriting—I never authorised any one to put my name to a check of that sort—I knew nothing of Mr. Redmayne previous to this transaction.
MR. CLARKSON. Q. It is not at all like your writing? A. Not at all.
GILES REDMAYNE . I am a silk-mercer, and live at 20, New Bond-st. I did not send this check to be cashed on my account, or for my accommodation, by the prisoner—I never saw it till it was produced by the policeman—I have a clerk named Ceates—I never authorised this indorsement to be made—it is not Ceates's handwriting, nor at all like it, in my opinion—I only know the prisoner as the brother of a lad who is an apprentice of mine, and lives with me—I have seen him once or twice at his father's, and spoken to him.
FREDERICK. CEATES . I am a clerk in Mr. Redmayne's service. The indorsement, "For Giles Redmayne, T. Ceates," on this check, is not my hand-writing—I did not send the prisoner with it, to get it cashed for Mr. Redmayne.
JONATHAN WHICHER (police-sergeant A 27.) In consequence of information I received I went in pursuit of the prisoner—I traced him to Birmingham, and, on the 24th of May, I apprehended him at the Victoria hotel, Euston-square—a female was in company with him—they were in one of the parlours, at breakfast, between ten and eleven o'clock—I asked the prisoner his name—he said, "Day"—I told him I was an officer, and I was going to ask him some questions, which he would do as he pleased about answering—I asked him if he recollected buying a gold watch at Whistler's, in the Strand—he said he did—I asked if he knew where he got the 50l. note from with which he paid for it—he made no reply—I told him he must consider himself in my custody, on suspicion of uttering a forged check at Scott's, in Cavendish-square, for 390l.—he made no reply at that time, but afterwards he said it was a bad job, and he must put up with the consequence—he asked me several times if I thought he should be transported—I searched him, and found on him five sovereigns and 4s. 6d., and in a writing-case, in the room, 70l. in gold and a quantity of jewellery, a gold watch and pin, and articles of wearing apparel, most of them new—this is a list of them, which I made at the time—part of the things were given up to the female, when she was discharged—I found in the prisoner spocket-book a check similar to the one produced—it is signed "Pulsford," the same as the other—I brought him and the woman away in a cab—he said, "It is a good job you took me to-day, for I think I should have uttered that other check to-morrow; yet I don't think I should have had the heart to have done it"—he said he was in difficulties at the time he did it, and it was through the women—I asked him, at the time I found the gold, if he had any more money—he said no, he had lost two of the 50l. notes.
(Check read)—" 11, Hyde-park-terrace, 3rd May, 1844. To the Cashiers of the Bank of England. Please to pay Mr. Giles Redmayne, or bearer, the sum of 390l., which place to my account. Your obedient servant, WILLIAM PULSFORD.
GUILTY . Aged 21.— Transported for Twelve Years.
Fourth Jury, before Mr. Recorder.
1550. JOHN SIMMS was indicted for stealing, on the 29th of Sept., 1 watch, value 2l. 10s.; 26 numbers of Loudon's Magazine of Botany, 2l. 8s.; 4 waistcoats, 18s.; and 1 time-piece, 8s.; the goods of Thomas Cooke, in the dwelling-house of Thomas Sills; to which he pleaded
GUILTY .— Confined Three Months.
MR. DOANE conducted the Prosecution.
RICHARD FLEMING GILLAS . I am clerk to a merchant, and live in Roseplace, Mile End-road. I am acquainted with Mr. Claxton. On the morning of the 24th of May, by his direction, I watched, and saw his wagon at Briggs's cow-yard, Hackney-road, loading—I watched the prisoner from there to Cambridge-heath-road—the nosebags appeared to have been emptied into another bag—there was one bag containing something—I watched him down to the premises of Chadwick, a green-grocer, in Cambridge-heath-road—when he got near there the wagon stopped, and the prisoner took a bag from the fore part of it, and went up a passage behind the man's premises, and shot it into the bin in the stable—I got a policeman, went with him, showed him the bin, and it turned out to be the horses provender—the policeman took possession of it put it into a sack, and brought it to the station—the policeman and I followed the prisoner—I came up with him in Bow-road, and gave him in charge.
Cross-examined by MR. BALLANTINE. Q. What did the prisoner do at his master's place? A. I did not see him at his master's place, I watched him from Briggs's cow-yard.
WILLIAM EDWARD BALL (police-constable N 365.) On the morning of the 24th of May, in consequence of what Mr. Gillas told me, I went into Chadwick's stable, and in a bin which he pointed out, I found a quantity of food for horses, which I took charge of, and produce—I afterwards took the prisoner into custody—I told him he was charged with robbing his master of some corn—he said, "Oh, it is only that I picked up on the road."
Cross-examined. Q. He said, first of all, "Why, what me?" did he not? A. Yes.
RICHARD CLAXTON . I reside at Cann-hall, Wanstead—the prisoner was in my service about a year and a quarter this time—he had been so before, as carman—in consequence of some suspicions I entertained, I gave directions to Mr. Gillas—on the morning of the 24th of May, I sent the prisoner out to Mr. Briggs', in Hackney-road, for a load of manure—he took three horses and a nosebag—I examined the nosebag before it left my yard—it was full of cut chaff, bran, and beans, mixed—when it came back it was empty—this produced is such as they usually bait their horses with.
Cross-examined. Q. Do you know anything about the corn that went out on this particular morning? A. Yes, it was such corn as this, it is what I feed all my horses with—I charge him with stealing a portion of what he took out in the nosebag, and which ought to have fed the horses—if they had been fed properly it would not have been brought back—it would depend on the time they were on the road—a portion usually comes back—I went to Briggs's yard with Gillas, to watch, and was there from nine till half-past nine o'clock, while the cart was loading—I got there about the time the cart arrived—Briggs keeps horses.
MR. DOANE. Q. Where were you at Briggs's? A. Outside the yard—I
did not see the cart leave Briggs's—I had then left—the nose-bags were then full, on the horses—it was his duty to go direct from Briggs's to my house—he had no right to stop on the road—Mr. and Mrs. Chadwick were brought before the Magistrate, and were dismissed—the sack is not mine, it is one which the officer found at Chadwick's, and put the corn in—I expect that the corn was emptied out of the nose-bags in Mr. Briggs's yard—there were two wagons together on this day.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy.— Confined One Month.
MR. DOANE conducted the Prosecution.
JOHN HATFIELD . I am a labourer in the service of Mr. Curtis, a builder; they call me Long Jack. On the 4th of May, about nine o'clock in the evening, I went to the Grave Maurice public-house in Whitechapel-road—the two prisoners were there, and other persons—I knew them before—I sat down, and was drinking a pint of beer—one prisoner sat on one side of me, and one on the other—after about an hour or more, I missed about half-a-crown out of my breeches pocket—I said I had missed a half-crown—M'Nally said, "Who do you think has got it?"—I said, "I don't know who has got it, it is as likely to be you as any one else"—on that M'Nally jumped up and hit me with his fist on the cheek—I did not return it, but came out of the public-house—the prisoners both came out afterme—I went towards North-street, and when I got near Gillass's butter-shop one of the prisoners struck me a severe blow on the side of the head, which knocked me down at-once senseless, and while I was down I received a kick in the jaw—I cannot say from whom—I do not think there were any persons near me but the prisoners—I did not observe any—they followed me from the public-house to the spot where I received the blow—I do not know what happened afterwards till I found myself in the hospital—they kept me there a week, I then came out, and in four days was obliged to go back again.
Cross-examined by MR. PRENDERGAST. Q. Did you not say first, in the public-house, that Tobin had robbed you? A. Yes—he had left the house and came back again—while he was out I said, "Where is Tobin?"—M'Nally said, "I don't know where he is"—I then said, "I have lost some money"—I had been friendly with M'Nally before that—I had no notion that he had picked my pocket—I looked round once after leaving the public-house, and saw two men following me, but I cannot say who they were—when I was knocked down I had no opportunity of seeing who the persons were—I cannot say who the two men were that were following me, or that knocked me down—I do not know whether the prisoners are the same two or not—I saw the two prisoners leave the public-house when I did.
Tobin. Q. Where were you when you say I struck you? A. Near the butter-shop—I cannot say whether you of M'Nally knocked me down—you did not hit me at all that I know of.
JAMES DAVIS . I am potboy at the Grave Maurice. On the 14th of May I remember the prosecutor coming there—the prisoners were there—I knew them—I heard the prosecutor say he had lost some money—I saw M'Nally hit him, and heard him say if Tobin was there he would kill him, or they would kill him—I remember the prosecutor going away—the prisoners went out shortly afterwards.
Cross-examined. Q. How long after? A. About five minutes—it is a large public-house—there were four, five, or six persons there, or there might have been more—M'Nally had a paper cap on—he is a stoker to an engine, or something of that sort, at Mr. Lechmere's, close by—I cannot say whether he wore a light shoe, I have not observed—Tobin had a glazed hat on—Tobin was not in the house when M'Nally struck the prosecutor—I saw him return and leave the house with M'Nally after the prosecutor.
THOMAS HILL . I keep the Grave Maurice. On the night of the 4th of May, between eleven and twelve o'clock, I was in the parlour—I heard a disturbance in the tap-room, and as I was going in I met the prosecutor coming out—he was fresh—I recommended him to go home—I went to the door with him, and he left—at the time I was recommending him to leave the house, the prisoners were both following him out of the tap-room, threatening him—one of them said, "We will serve you out, you b——"—I cannot say which it was, but I believe it to be Tobin—they left about five minutes after the prosecutor—I did not look at the clock.
Cross-examined. Q. Does M'Nally generally wear very light shoes? A. I cannot say, I never noticed his shoes—he is an engine-driver, I believe—I knew him by his using my house.
ANN RAYMENT . I am the wife of John Rayment, a labourer, and live in Wellington-street North, Whitechapel-road. On this night I was at the top of North-street, talking to a friend, and saw the prosecutor walking in a direction from the Grave Maurice, towards the Blind Beggar public-house, with his hands in his pockets—the two prisoners were just behind him—I knew them before, and have seen them in Whitechapel—I saw them walking along together, a few yards behind the prosecutor—when he got to the butter-shop I turned round my head, and saw him falling—I said, "Good God, it is Jack Hatfield, fallen down!"—I then saw the prisoners—M'Nally stood nearest to him—they both made their escape off the pavement into the road—the prisoners were the nearest persons to him at the time he fell—M'Nally had a paper cap on, and the other a shiny hat—I assisted in doing all I could to help the prosecutor—he was bleeding very much indeed.
Cross-examined. Q. How do you get your living? A. I am a charwoman, and take in washing—I am quite sure M'Nally had on a paper cap—I have never said that he had a shiny hat—Tobin had a shiny hat—there were three or four persons passing at the same time as the prisoners, but they walked right on, and we're not behind Hatfield—the path is wide, and they were not on the pavement.
MR. DOANE. Q. Have you any doubt whether these are the two men? A. I am sure they are.
CHARLES BULLWINKLE . I live at Mr. Gillas's butter shop. After eleven o'clock, on this Saturday evening, I was closing the shop, and putting up the window, and saw Hatfield coming along, with his hands in his pockets—as he was passing I had my back to him—I heard a blow, turned round, and saw a man turn from him, and Hatfield was lying on the ground—I saw a man near him, not quite as tall as himself—I cannot speak to either of the prisoners—M'Nally was one if it was either of them—I only saw one man near him, and he walked gently away—he had a shiny cap on—before I heard the blow, he said, "You b——, you say I robbed you of a half-crown"—Hatfield was in a senseless state, and a little the worse for liquor.
Cross-examined. Q. You are sure there was but one man? A. Only one—if there had been two I think I should have seen them—there were not two—I am sure the man had on a glazed hat, and not a paper cap—my back was to the pathway at the lime Hatfield came by, so that I could not see who was
there, till I turned round again—I then saw only one man there besides Hatfield—five or six came up after he was down—it is not a dark spot—the shops were lighted up—it was a few minutes to twelve o'clock—the shops were not shut up—it was very light on the pavement.
COURT. Q. Was your back to the pavement when you heard the expression, "You b—, you say I robbed you of half-a-crown?" A. Yes, and when I heard the blow and fall.
Tobin. Q. Did you see me there? A. No.
WILLIAM DEACON , tallow-chandler, Somerville-street, North-street, Whitechapel. On this night, near twelve o'clock, I was in front of the butter shop, in a piece of waste ground, just off the edge of the curb—I saw the prosecutor walking past the shop, with his hands in his pocket—I did not see any one following him—I saw M'Nally meet him—he said, "You b—, you say I robbed you of half-a-crown"—he then struck him a blow on the left side of the jaw—he instantly fell down backwards, without bending—M'Nally then turned round, and walked deliberately away towards North-street—I directly looked towards Hatfield—he was motionless—I did not look to see who else was there—I then went home, after seeing Mrs. Rayment and others go up to assist him—I did not notice any one near him but M'Nally at the time he fell—I did not notice whether he had a cap or hat on.
Cross-examined. Q. You saw him go up to Hatfield? A. Yes, strike him, and walk away—I first gave evidence of this on the 22nd—I was subpoenaed—I did not give information to anybody before the day they were brought up.
COURT. Q. How was it known you could give evidence? A. Some person heard me make use of an expression that it was a shame such a blow should be struck without having some punishment for it—I made that remark openly on the spot, in front of the butter shop—I do not know who heard me—I had never seen M'Nally before, to my knowledge.
Tobin. Q. Did you see me there? A. No.
JURY. Q. What was there particular in M'Nally's appearance that made you believe it to be him that struck the blow? A. His dress, appearance, and walk—I saw his features.
SAMUEL HILL . I am dresser under Mr. Andrews, a surgeon at the London Hospital. Hatfield was under Mr. Andrews' care—I attended to him—he was brought in early on Sunday morning, the 5th of May—I found a lacerated wound at the back of the scalp, about an inch long—his face was very much swollen, and had a small wound—the laceration on the head might very likely have been produced by a kick—his mouth was full of blood—I afterwards discovered that a small artery had been ruptured—I was called up about an hour after I had been in bed, to stop the hemorrhage—he remained there at least a week, then left, and returned for another week—I think the brain had sustained some injury in consequence of the violence—I think there was concussion—we had to rouse him before he could answer the questions I put to him—the lacerated wound was torn, and a portion of it smashed, about one-eighth of an inch wide—a common shoe might possibly make the wound—it was in the hairy part of the head—it was caused by some blunt instrument—it might have been a stone, or a kick with a heavy shoe, or falling against a step, or anything of that sort—I attribute the rupture of the small artery to the wound in the face—that was a much cleaner cut than the one at the back of the head—that might have been done with the fist—the cleanness of the cut was owing to its having caught against the tooth—the man is not well now—it has given him a general shock, and done him a deal of harm—he
had lost a great deal of blood—a fall without bending the body would be of much greater weight than if the body yielded.
Cross-examined. Q. The blow behind the head, I suppose, might have been done by the fall? A. It might, and also the wound in the face—all I saw might possibly have been produced by a fall, but it is not likely that a wound both behind and in front should be produced by a fall.
MR. DOANE. Q. He must have struck against two hard substances, or have had two falls? A. Yes.
JAMES HANDS (police-constable K 248). I went into the London hospital and saw the prosecutor on the 6th of May—in consequence of what he said to me I took Tobin into custody, (M'Nally was afterwards taken into custody by another constable)—I asked if his name was Tobin—he said no, it was Holland—I asked if he knew anybody named Hatfield—he said he did not—I asked if he was in any row or disturbance on the Saturday previous—he said no—I asked if he was at the Grave Maurice—he said he was, but he was not in any row, and had seen nothing of it—I took the two prisoners to the hospital, and asked Hatfield, in their hearing, if they were the men—he said they were—they both said, "Did I strike you?"—and he said, "Yes"—Tobin asked whereabouts it was he struck him, but the nurse would not allow him to be asked any further question, he was in such a weak state.
Tobin's Defence. I never saw him after leaving the public-house till I was taken to the hospital.
MR. PRENDERGAST called
PATRICK FINING . I went to the Grave Maurice on this night—the prisoners were there and a good party—I left the house with M'Nally, and went along down towards the Blind Beggar, and the corner of North-street—Tobin was not in our company then—he was in the public-house at the corner of North-street—we met with the prosecutor—he was lying on the pavement—he never moved—he looked almost dead—he was in a very bad state—M'Nally had not struck or touched him in any way—I stood close by, and had gone with him all along from the public-house—Tobin had gone out of the public-house before us—I cannot say whether he went down the road, or which way he went after he got out—I went home—I live in John-street—M'Nally lives in Queen Ann-street—he and I came out of the public-house together—Tobin went out first—he was a-head of us—he could not have left two or three minutes before us—I saw him go out—M'Nally went out next, and I followed him out—I did not see anybody in a glazed hat when we came up to the prosecutor—M'Nally wore a cap—Tobin had a glazed hat in the public-house—I did not see the man fall—I only saw him on the ground.
MR. DOANE. Q. How long had you been in the public-house that evening? A. About three quarters of an hour—I went somewhere about eleven o'clock—I was in the tap-room—I did not know the prisoners were there till I found them there—I went there to have some beer—Davies, the pot-boy, served me—I and John Barry, and Peter Foy, had three pots of beer—they are not here—they were not friends of mine—they lodged in the same house—one was my bed-fellow—they left before me after drinking the three pots of porter—I staid to listen to a man singing a song—I heard Hatfield complain of being robbed of half-a-crown—M'Nally was there—Tobin was not—I have been slightly acquainted with M'Nally about four months, and lived near him—I afterwards saw Tobin come in and go out again—I saw M'Nally strike Hatfield in the public-house—Mr. Hill, the landlord, spoke to Hatfield and helped to send him home—I saw him leave the tap-room and go out—Tobin had then left—I swear that—he came in afterwards.
COURT. Q. You mean to swear Tobin was not in the public-house when Hatfield was spoken to by the landlord, and went out? A. No, he was not—Tobin and M'Nally did not follow Hatfield out of the tap-room—Hatfield went out of the house first, and the prisoners afterwards—I did not hear either of them say "We will serve you out"—if it had been said I think I should have heard it.
MR. DOANE. Q. Then Tobin came in after Hatfield had left? A. Yes, and M'Nally told him he had been accused of this—I and M'Nally then went out, about two minutes after Tobin—M'Nally never parted from me after we left the public-house, till we found Hatfield lying on the pavement—I did not see Tobin when we got outside the public-house—I did not see Mrs. Rayment when I saw the prosecutor on the ground—there were a good many people on the road—this is the first time I have been called on to give an account of this matter—M'Nally's wife asked me to do so—I heard of his being taken up about the 6th of May—Mrs. M'Nally knew where I lived—she has been to me once, twice, or three times, but I rather declined to come—the week after it happened she asked me to come up—I had constant work, and did not want to come and lose a day's work.
MR. DOANE re-called
MR. PRENDERGAST. Q. Is he not a customer of yours? A. No, I have never seen him in the house since I have been there—I am certain he was not there that night—I was in the tap-room all the while the prisoners were there, and am sure he was not there at all—there was one or two other men there—he might have been there on other nights without my observing him.
THOMAS HILL . I cannot say whether Fining was-at my honse that night, because I did not see all their faces; I did not see him there, and do not remember ever seeing him in my life—I am certain the prisoners were together, when I heard one of them say, "We will serve him out"—Tobin had not left the house while Hatfield was there.
TOBIN— GUILTY . Aged 42.
M'NALLY— GUILTY . Aged 22.
Confined Six Months.
OLD COURT.—Thursday, June 13, 1844.
Second Jury, before Edward Bullock, Esq.
1553. PETER CLOVER was indicted for stealing at St. Mary's, Whitechapel, 1 cash-box, value 1s.; 22 sovereigns, 2 half-sovereigns, 2 crowns, 12 half-crowns, 40 shillings, 40 sixpences, and 2 £5 Bank-notes, the property of Charles Tanner, in his dwelling-house; to which he pleaded
GUILTY . Aged 30.—Recommended to mercy.— Transported for Ten Years.
MARY CODY . I am the wife of John Cody, a tailor, and lodge on the second floor in Adam and Eve-court, Oxford-street. On the 8th of May, at ten o'clock in the morning, I went to market, leaving my gown on a nail by my room door—I returned at twelve and missed it—the prisoner lodged in the house about nine months ago, and has been in my room since—she was brought there in the afternoon, and I asked how she came to take my gown—she said she did not—I gave her in charge—this is my gown.
Cross-examined by MR. DOANE. Q. Where was the gown? A. In the front room—I left my husband at home at work in the back room.
SUSAN CURTIS . I live on the first floor of this house. On the 8th of May, about twelve o'clock, the prisoner knocked at my room door—she had nothing with her then—she asked for Mrs. Cody—I told her to go to the second floor—she went up stairs—I heard her coming down in five or ten minutes, and saw something tucked under her shawl—she left the house.
Cross-examined. Q. Did you know her before? A. I had seen her.
EMMA LARLAND . I keep a wardrobe in Holland-street, Soho. On the 8th of May, about half-past twelve o'clock, the prisoner brought me this gown to purchase—I refused—she asked if I thought it would fit her—I said I would alter it for her—she said she bought it of a poor distressed woman.
GUILTY. Aged 36.—Recommended to mercy.— Confined Fourteen Days.
DAVID WELLS . I keep a to bacconist's shop in Weston-street, Somerstown—the shop is partitioned off—one part is a shoemaker's. I was in the shoe shop on the 16th of May, and heard somebody in the tobacco shop—I looked through the glass door, and saw the prisoner go round behind the counter, take a jar of tobacco off the shelf, put it under his arm, and walk to the door, where I stopped him and took the jar from him.
GUILTY. Aged 16.—Recommended to mercy.— Confined Two Months.
JOHN EAMES . I manage the business of John Oulds, oilman, Tottenham Court-road. On the 20th of May, about ten o'clock at night, I was behind the counter, and saw the prisoners come to the door—they each tried to take some soap from within the shop—Hearley took some, and they walked away—I ran out, calling "Stopthief!"—they ran away together up Tavistock-street—I saw Hearley with the soap—a gentleman stopped him and I stopped Ginivan, and gave them in charge.
HEARLEY— GUILTY . Aged 17.— Transported for Seven Years.
GINIVAN— GUILTY . Aged 17.— Confined Two Months.
Before Mr. Baron Gurney.
1557. ELIZABETH LINDSAY and ELLEN LINDSAY were indicted for stealing 1 counterpane, value 2l.; 6 blankets, 2l. 8s.; 5 quilts, 2l.; 90 towels, 3l.; 54 dusters, 1l. 16s.; 52 yards of linen sheeting, 4l. 14s.; 12 pieces of linen sheeting, 4l. 14s.; 5 window curtains, 10s.; and 1 plate, 2d.; the goods of our Lady the Queen, their mistress: and JAMES LINDSAY , for feloniously receiving the said goods, well knowing them to have been stolen.—2nd COUNT, stating them to be the goods of George John, Earl Delawarr, their master.
MR. SOLICITOR-GENERAL, with MESSRS. ADOLPHUS and GURNEY, conducted the Prosecution.
MR. HENRY SAUNDERS . I am inspector in the Lord Chamberlain's department, at the palaces—Earl Delawarr is the Lord Chamberlain—I have known the female prisoners for fourteen or fifteen years, in Her Majesty's establishment—Elizabeth was a servant in the linen department, and Ellen was a housemaid in the palace all that time—Elizabeth had charge of the linen in the Lord Chamberlain's department, to send it to the wash, and deliver it out to the parties requiring it in the establishment—Ellen had to do the housemaid's duties, but resided in the same apartment as her sister—I saw the articles stated in the indictment at the house of Mr. M'Nair, in Eaton-place.
Cross-examined by MR. CLARKSON. Q. Do you know whether Elizabeth's mother had preceded her in any employment in the palace? A. It was before my time if she did—I never knew it—she was not in the Lord Chamberlain's department—there is probably more linen at Buckingham palace than at Windsor, but there is no allowance for either—it has often happened that Elizabeth has applied for linen at Buckingham palace, being short—she has not obtained new, but linen has been borrowed from other places, Brighton or Windsor, to make it up—I never heard of the linen belonging to Elizabeth, or her friends, being used to meet any exigency—I have not examined the stock of linen to see that it corresponds with the account—it would be my duty to do so if I had a doubt—if a complaint was made that linen was wanted, we should trust to the party who had it—nobody filled a situation above Elizabeth—the written account of the linen is kept in the Lord Chamberlain's office—no accurate stock has been taken—it is difficult to do so without seeing the linen, which you cannot while the Court reside there—she would receive the new linen from the seamstress, and deliver it to the different servants below her as they required it—she would receive the old linen from the parties in charge of the palace—that which was worn out would be delivered by her to me or somebody connected with the office—it would wait the Lord Chamberlain's direction as to its ultimate disposal—the greater part of the condemned linen is in boxes—in some instances it is sent to the hospitals, and in others it waits the direction of his lordship—Sir Thomas Marsh was the deputy-chamberlain—he would have authority to act for his lordship—I do not know that there would be anything unusual in his allowing Elisabeth any old linen unfit for use—I do not know the fact that it was so—I know nothing about it—Sir Thomas Marsh has been dead, I think, five or six years—he acted in the reign of William IV., and has not held office in the present reign—some of the blankets are powdering ones, and some bed blankets—I never heard any complaint of either of the prisoners—it was reported within the last six weeks that Elizabeth was about to be married.
CHARLES BRIMFIELD . I live at No. 25, Upper Eaton-street, and am a servant out of employ. The male prisoner Dr. Lindsay lodged at my house upwards of five months—I have seen both the females visiting him there at times; not all the time he was there, but between two and three months—Ellen visited him more frequently than Elizabeth—they usually came in the evening, except on Sundays; they sometimes then came to tea with their brother—I never observed them bring anything—I have been in James Lindsay's room when he was away—when he first came he had a very small quantity of linen, no more than a gentleman would usually have—after he had been there some time I observed a great change; he had new linen, such as sheeting, towelling, and things of that description—I had observed nothing but gentlemen's linen previously—the only thing I particularly noticed was
a counterpane marked "V. R., 1840"—I saw a corded box brought by a carrier—I saw the counterpane marked "V. R." after that box was brought—an intimation was given that Dr. Lindsay was about to leave, about three weeks previous to his leaving, but no regular notice; it was that he would leave at the latter end of May, or beginning of June—on the 21st of May I saw a cart stop at my house, and two large boxes were taken away-Dr. Lindsay was present when they were put in—I was coming down stairs, and he was on the stairs seeing the boxes put into the cart—he said he was taking the boxes away out of our way—the cart went to Mr. M'Nair's, No. 9, Belgrave-street South—it stopped previously at No. 17, Lower Eaton-street, and left two smaller boxes.
Cross-examined by MR. KELLY. Q. How long have you been out of place? A. Between two and three years—I was last in the service of the Earl of Gains borough—I was only a month with him—I left him because I found there was a practice of robbery going on—I made it known to his lordship, and have every reason to believe the housekeeper was connected—she refuted everything I stated, in consequence of which I gave his lordship notice to leave—I was butler and steward—before that I was in the service of Sir Roger Gresley for three years, up to his death—I was out of service nearly twelve months before going to Lord Gainsborough—I was in the house I now have, doing nothing but letting lodgings—Dr. Lindsay intimated about leaving about three weeks before he went—I understood he was going to Scotland—I had agreed with another lodger on the 21st of May, who was not coming for nearly a fortnight—he sent the boxes away the same day that I knew the lodger was coming, or the day after—I had an opportunity of seeing what linen was in his chest of drawers—I walked into his rooms frequently to see that everything was in its proper place—I opened his drawers.
Q. Were they locked or unlocked? A. Unlocked when I saw them—I opened the drawers, as I had suspicion things were being carried into the house clandestinely—the drawers were the only place the linen was in—I first looked into his drawers about two months back, or between two and three months.
Q. How do you know that at first he had but little linen, and that belonging to himself? A. Because it was marked with his initials—I saw it in his drawers—I looked into them before there was an increase—it might be curiosity induced me to look into the drawers—they were frequently open, left ajar, and I had an opportunity of looking into them, going into the room—I first opened the drawers between two and three months ago—I might have looked in once or twice before—there was an increase—I will not swear it was not six times—I saw the drawers several times left open, and had an opportunity of looking into them, without pulling them open at all—I never told him I had looked into his drawers—I found, on opening them, more linen than there was before—it was folded—I did not unfold it to examine it—I saw the counterpane in a large square box on the 20th of May, the day before the boxes were taken a way—that was the first time I saw it—the box was in his bed-room—it was open when I saw it—it had a lock, but was not locked, or corded—I only looked into the box that once, about twelve o'clock in the day—Dr. Lindsay was out at the time—there were some blankets at the top of the box, and the counterpane under them—they were all folded—I did not unfold them—I saw the mark on the counterpane without unfolding it—I took out the blankets—there were two—I think there were other things in the box which I did not touch—the "V. R." was a large stamp in the corner—I had seen the box arrive about
the 7th of May—it was empty, and was put into his bed-room—I had been into the bed-room between the 7th and the 20th, and looked into the drawers, but not the box—the only thing I saw marked was the counterpane—I knew of some boxes with something in them, going to Mr. Graham's—I was not aware that Dr. Lindsay had any books—those boxes were invariably locked—I am not aware that he had any fossils—I knew nothing of Dr. Lindsay before he came—I heard he had served in the Navy—my wife saw the things in the drawers only once, to my knowledge—there are three large and two small drawers—they were mine, and were part of the furniture—both his rooms were on the second floor—there is a passage between them—there were no drawers in the sitting-room.
Cross-examined by MR. CLARKSON. Q. The box on the 7th of May came empty? A. Yes—Dr. Lindsay came first to lodge with me at the latter end of December—I think it was in April I first observed linen I had not seen when he first came—I am sure it was before May—I first saw some towelling and sheeting in his bed-room drawers—I think I gave information of this to Mr. Murray, at the palace, the beginning of May—it was after the box came, and before I knew Dr. Lindsay was going to leave—it might be a fortnight before—he was a weekly tenant—Lord Gainsborough's housekeeper remained in his service when I left.
MR. SOLICITOR-GENERAL. Q. After you made a communication to Mr. Murray, did Steed, the policeman, come to your house? A. Yes, and saw the different things in the prisoner's room, in my presence—the other lodger was not coming the day the goods were removed—I do not know whether Dr. Lindsay was aware that he was not coming for a fortnight—no property belonging to Dr. Lindsay was removed—none of his personal linen was removed.
ELIZABETH BRIMFIELD . I am the last witness's wife. The prisoner James lodged on our second floor—I was in the habit of seeing both his sisters there, separately—Ellen came most frequently—they sometimes came to him at five o'clock, but more generally between eight and nine in the evening—they at times brought things—I never saw but one bring anything, that was Ellen—I saw her bring a brown paper parcel about the middle of March—I have seen her bring brown paper parcels on several occasions—the last time was about a week before Dr. Lindsay was apprehended—I have at times gone into his room, and observed the drawers—when I at first saw them they contained his wearing apparel, and nothing else—I afterwards saw, from time to time, the things in the drawers increased, and saw towels, and new linen, I suppose for sheeting, but not made up—I remember about the middle of March a box being brought to the lodgings—a small hat-box was brought a few days after the large box—another large box was brought on the 7th of May.
Q. After the last large box came, did you go into the prisoner's room, and notice anything there? A. No more than I have seen before in the drawers—there was a large brown paper parcel, which contained two blankets—I believe I saw a counterpane, sewed up in some flannel, and laid in a drawer—I never saw it open—it was wrapped in flannel—when Ellen came she generally went first into the sitting-room, and afterwards into the bed-room—I have heard them lock the bed-room door when Dr. Lindsay and Ellen have been in the bed-room—I remember the day Dr. Lindsay removed the boxes—Ellen came to the house the evening before that, and they were very busy in the bed-room that night—I saw the bed-room door was shut—I cannot say whether it was locked—I could hear paper, and hear them very busy about in the room—Ellen remained about an hour, I think—I saw the boxes put into the van next day—Dr. Lindsay was coming in and out up to the time of his apprehension,
which was on the Wednesday, the day after the boxes were removed—before the box came on the 7th of May, Dr. Lindsay said a packing-case would come from the country—it was an empty box.
Cross-examined by MR. KELLY. Q. What part of the house do you inhabit? A. The kitchens and attic—when I heard the noise of paper in the bed-room, I was on the landing at the top of the stairs, listening—I had been in the habit of listening at the door from about the middle of March, when I first suspected things were not right—the noise was the wrapping up of two large blankets, papering and sealing it, and packing a hat-box—it was wrapping up something—my servant had been applied to for a hammer and nails before that—the large box was corded up before the hammer and nails were asked for—he asked for them the day before the boxes were removed—he asked for them for packing or nailing some small boxes—I first looked into the drawers, after the boxes came, some time in March—I found the drawers locked—they were always locked after the linen was in them—I swear that—my husband showed me the linen—I did not unlock the drawers—I do not know that my husband did—he called me into the room, but I have tried the drawers before, and found them locked—I did not ask him how he opened the drawers—he told me he did it with another key—he has showed me the contents of the drawers several times between March and the 21st of May—Dr. Lindsay was always out when they were looked at.
Q. Did you ever open the drawers with a key, or see it done? A. No, only with my husband—the bed-room door was never locked, it was always left open—at the time I heard them lock the bed-room door I was on the flight above, listening—I am quite sure it was the bed-room door I heard locked—Dr. Lindsay had named several times that he should go into the North, but I think he first intimated he was going to leave about three weeks or a month before—I believe it was on the 20th of May we engaged another lodger—it was a lady going to take the sitting-room—I mentioned it to him on the 20th—he told me he should keep his bed-room on till the 3rd of this month, but I might let in the lady—the two large boxes were packed up before the 20th—it was a hat-box, and large brown paper parcel, and some small boxes of his own they packed after the 20th—I was never present at any packing—he paid 14s. a week—his sisters frequently passed the evening with him, and sometimes took tea—I did not know them before he became my lodger—I never told him I had searched his drawers—I have borrowed a sovereign of him several times, when my husband has been out—never more than a sovereign—I do not know the contents of the small boxes which went to Mr. Graham's.
Cross-examined by MR. CLARKSON. Q. When did you first see Steed? A. Not till Dr. Lindsay was apprehended—my husband first showed me the key he opened the drawer with in March—it was the key of my own drawer—neither I nor my husband ever had occasion to go to Buckingham palace.
ELLEN CASTLE . I was in the service of Mr. Brimfield—I went into their service on the 18th of March—itwas my duty to attend Dr. Lindsay's rooms and keep them in order—I went into his sitting-room, once and saw one or two counterpanes on the table—they appeared new—I did not see any mark on them—it was about three weeks or a month before he was apprehended—I never saw the counterpanes after—I saw two large boxes, and a band-box in his bed-room—I used to move them to sweep—they seemed rather heavy at all times—I have seen both the female prisoners come to see him very often, but Ellen most frequently—she sometimes came in time for tea, and generally left about nine o'clock—I have seen Ellen repeatedly in the bed-room—I did not observe whether she came out again immediately—I only heard them talking there—I do not know whether Dr. Lindsay went in when she was
there—Ellen was there the night before he went away, not Elizabeth—she was in the bed-room while they were packing the boxes—only these two boxes were packed—he did not pack up his own linen or clothes—I saw a brown paper parcel in the bed-room closet—I took it in—it had been lying there a long time in the closet after I took it up—I had taken it in when I first entered the service—I do not suppose I had been there above a month—I believe it was brought there by Mrs. Stewart—I never saw it after it was put into the closet.
Cross-examined by MR. KELLY. Q. Did you put it into the closet? A. No—I took it up—I am not sure whether to the bed-room or sitting-room—Dr. Lindsay put it into the cupboard I believe—it laid there a considerable time after—that was the last I saw of it—it was the parcel Mrs. Stewart brought—I took it in about two months before he left—I first saw the counterpanes about six weeks before he was apprehended—I saw them when I went into the room by accident—Dr. Lindsay was not there—I think he was in the bed-room—they were not folded up—they looked rather tumbled, and were on the middle table—I never saw them in the house afterwards—I saw some at Bow-street which appeared like them.
JAMES STEED . I am inspector of the A division of police. I am generally on duty at Buckingham palace—I had orders to go to Brimfield's house, and went on the 11th of May—Mr. Lindsay was out at the time—I went into his bed-room with Brimfield and saw a quantity of linen, counterpanes, and towels, which I afterwards saw at Mr. M'Nair's—I did not observe a mark on either of the counterpanes that day—the articles were in a chest of drawers—on the 22nd of May I went to Mr. M'Nair's, in Belgrave-street, with a search warrant, and found two large boxes there which I opened—they contained a variety of articles, linen, counterpanes, and blankets—I conveyed them to the Lord Chamberlain's office, Buckingham palace—they are here now—there was a counterpane marked "V. R." and a crown, a blanket with "W. R." and a crown, and a linen duster marked "V. R., 1839"—it appeared to have been marked with blue thread and picked out—the stain only is left—after conveying the boxes to Mr. Saunders' I apprehended James Lindsay—he was about to say something—I cautioned him, and told him the charge—and he said he must communicate with his sisters—he said there Iras no property there belonging to the Queen—I told him there was a blanket, marked "W. R." and a crown—he then said he had charge of them for his sisters, whose perquisites they were, that he had nothing more to do with them—I searched his lodgings, and found a common plate, which I brought away—the words "Buckingham palace" are on it—I took him to the station-house, and had the plate with me—as I was conveying him there, he laid it was a paltry thing, could not I hide it—I afterwards apprehended the female prisoners—Elizabeth said, "What shall I do, can you give me any advice?"—which I declined—that is all she said—I produce the boxes—the counterpane appears new—the blanket has "W. R." and a crown on it—here is the duster, which has had "W. R." on it, but picked out—the blanket is an old one—here are other dusters and sheeting—there are eight blankets, five quilts, seven dozen and eight towels, four dozen and a half duster, and forty-two yards of sheeting—that is all that was in the boxes—the sheeting and dusters appear to be new, and some of the towels—on the 11th of May, when I went to Lindsay's lodgings, I saw articles of this description in the drawers—these appear to be the same—there were no fossils or books in the boxes at Mr. M'Nair's.
Cross-examined by MR. KELLY. Q. On Wednesday the 22nd, you apprehended Dr. Lindsay? A. Yes, between eight and nine o'clock at night—I searched the boxes which went to Mr. Graham's, they contained books and fossils—there
were two large boxes—I told Dr. Lindsay he must go to the station—, he made the observation about the plate at the door of the room, when we were about to leave the house—we were going in a cab—I had the plate in my hand when he made the observation about it—it was open, so that anybody could see it as I crossed the pavement—I was in plain clothes—I kept it open in my hand till I got to the station—I had procured a cab beforehand—I think Brimfield had sent for it—it was at the door when I went out—I had told him I was going to take him in a cab, and it was at the door that this passed about the plate—the observation was made at the room door—I examined the things at M'Nair's on the 22nd, before he was apprehended—I examined the things at Graham's on the following Saturday—he gave me a written order to examine the boxes at Graham's, after he was apprehended, on Saturday, as I asked him for it—I did not examine every thing at the lodging on the 11th of May—they were in the drawers—I did not take them out, nor observe any mark on them, except the plate, which I saw in the front-room cupboard, not locked up.
Cross-examined by MR. CLARKSON. Q. The female prisoners made statements before the Magistrate, at what period of the examination was it? A. The latter part, I believe—it was at the first examination—I believe the charge was taken as affecting the whole property—there were not three separate charges—I knew nothing of Brimfield till I was ordered to go to his house—I received orders from Mr. Murray to investigate the case—Brimfield never told me he had a key of his lodger's drawers—I saw him open them with a key on the 11th of May.
MR. HENRY SAUNDERS re-examined. These are all the sort of articles which would be under the charge of Elizabeth Lindsay—the towels and dusters, and these articles would be under her charge from the time they arrived from Harrington House, St. James's, in the Stable-yard—articles of this description were used at the palace—these dusters are entirely new—I find one has the mark picked out—I imagine the others have had the marks picked out, for they are all new, and each corner has been washed—these articles are entirely new—none of those which are not new could have been condemned.
MR. SOLICITOR-GENERAL Q. Were these things the servants would have as perquisites? A. Certainly not.
Cross-examined by MR. CLARKSON. Q. Were the prisoner appointed by warrant? A. I cannot say—some of the blankets are old, and there are new ones—I have taken stock as far as the linen is concerned—it is impossible to take stock of the counterpanes and blankets—it is almost impossible to tell, where the Sovereign is, whether articles are deficient.
ROBERT M'NAIR . I live at No. 9, Belgrave-street, Pimlico, and am an officer in the army—I have known the male prisoner eighteen months or two years—two or three months ago he told me he was going on a visit to Scotland, and expressed some difficulty where he should leave his heavy luggage in his absence—I understood it was books and fossils, as he told me he had a quantity of books and fossils, and found a difficulty in leaving his heavy luggage behind him, as he should give up his lodgings—I said I should be happy to take charge of them, and on the 21st of May, when I came home from duty, I found two boxes had been left and placed on the top of the landing of the stairs—they remained there till next day, when the officers came—I saw them opened after the inspector came.
Cross-examined by MR. KELLY. Q. He is a M. D. is he not? A. Yes, he was a surgeon in the navy—he first announced his intention of going to Scotland perhaps before the present year—he thought he should visit Scotland during the summer.
JOSEPH DAVIES . I am in the employ of Mr. Harding who carried the linen to and from Buckingham palace to the laundress at Fulham—I received a square deal box about five weeks ago from Ellen Lindsay to take to Mr. James Lindsay—I took it to Mr. Brimfield's—it was only one box and empty.
JOHN ROBERT BOUSTRED . I am clerk at the police-court, Bow-street—I attended the examination of the prisoners, and took down what they said—this is what I truly took down—it was signed by them and also by the Magistrate.
Cross-examined by MR. CLARKSON. Q. Was it in answer to questions put to them? A. Partly so—Elizabeth made a statement first, and she was merely asked in explanation by Mr. Hall—I read every sentence as I went on—I do not think this, "I never mentioned to Mr. Saunders about using my own linen" was in answer to a question—I do not recollect that she was asked whether she had mentioned it to Mr. Saunders—she might have been asked that—I think she was asked when her mother died, and also whether she intended her remarks to apply to both the palaces, and whether she had used her sister's linen at the palace—she was not asked whether she considered the property her own—the questions only applied to the last one or two sentences—I think the Lord Chamberlain and Sir William Martin, the deputy Chamberlain, were present—none of the household servants were in attendance.
MR. ADOLPHUS. Q. Was she cautioned before she said anything? A. Yes—she was told whatever she said would be taken down in writing, and might or might not be hereafter used as evidence against her—no question was asked to gain information from her, only in explanation of what she had said before—(read)—"Elizabeth Lindsay, after having been duly cautioned says, This property I considered my own; my mother left a quantity of linen to my sister, and she left it with me at St. James's-palace where I then resided. I had occasion to resort to that linen from time to time to use when pressed for linen for the household; with respect to the four blankets now produced, they were given to me by the late Sir Thomas Marsh during the time of his late Majesty, they had been condemned as unfit for use; I told Sir Thomas Marsh they were little fit for use, that they might be used for ironing blankets, and he told me I might do with them what I pleased; with respect to the new linen produced, I took that to re-place the linen belonging to my sister which I had used at the palace. The counterpane marked "V. R." I know nothing of, I suppose my sister does; I was not aware that the duster which has been produced was among the linen. My mother died about fourteen years ago. When I speak of the need of linen, I mean that observation to apply to Buckingham palace as well as St. James's palace, until the present time—I never mentioned to Mr. Saunders about using my own linen at any time.—The prisoner Ellen Lindsay says, 'I confirm what my sister has Said; the counterpane marked "V. R." I must have taken by mistake for my own counterpane. I know nothing about the duster. The plate I took to my brother's with a piece of pudding, and he has asked me once or twice to take it back, and I have neglected it.'—The prisoner James Lindsay says,' I always considered that the property which they brought to me was theirs; they told me so, and I took charge of it for a time for them. I never received it under any other impression than that; that observation applies to every article spoken of.'"
MR. SOLICITOR-GENERAL. Q. Were the linen and other articles before the Magistrate? A. They were—these things were all produced.
MR. CLARKSON. Q. There was no professional person in attendance for them at the time these statements were made? A. No, only on the second examination.
Evidence for the Defence.
MARY CHEVERTON . I am employed as charwoman at the Queen's palace, Pimlico—I have been so six years and three months—I have been in the habit of receiving for use sheets, pillow-cases, towels, dusters, and other things—they were given out by the prisoner Elizabeth—I have had them frequently from her without marks, and used them in the Queen's service—I returned them to her—I have had them a great many times while I have been there—the prisoners had linen of their mother's—I did not know their mother—I have seen the prisoners with linen of their own—I cannot say what quantity, but a great many articles—I have known Elizabeth twenty-two years—I remember when the mother died—I saw those things in Elizabeth's possession when the sister came to London—Elizabeth was at that time employed in St. James's palace—I have known the sister since she has been in London, twelve or thirteen years.
MR. SOLICITOR-GENERAL. Q. Did you work at St. James's palace? A. I did occasionally—I first went to work there fourteen years ago—I think in George IV. time—I was employed occasionally now and then, a few days in a year—not as I am now—the different heads employed me—I have been at St. James's palace a fortnight, and then two or three days preparing for the arrival in London—I have been employed regularly every day at Buckingham palace for six years and three months—I saw the linen Elizabeth had at St. James's palace with a Miss Cockett that she was with at first—that was thirteen or fourteen years ago—she named to me that she had linen—I saw her with sheets and blankets among her clothes—she merely said, "These are my mother's"—they were in a box put separately—I never saw what quantity there was—I cannot form a notion—I cannot say that I saw them more than once at St. James palace—I may be wrong as to its being fourteen years ago—I do not recollect noticing them again—I did not see any but what I have named—all the linen delivered to me at Buckingham palace I returned to her when I had done with it—it was her duty to send it to the wash.
MR. BODKIN. Q. Do you remember whether this was about the time the sister came from the country? A. It was after she had just come from the country—I had gone to see her—she showed me the box containing the articles—her sister was not present—I believe Miss Cockett was seamstress at the palace—the articles belonging to the palace were kept at the office where Miss Cockett resided then—these things were in her private room where her clothes were kept, not where the King's property was kept—I afterwards saw that sort of linen, sheets and blankets used in St. James's palace—I could not tell that they were the same—I frequently had them without the royal mark.
COURT. Q. What is your business as char woman? A. I make the beds and keep the apartments clean allotted to me—I returned a sheet without the royal mark as late as last week.
ELIZA SUMMERS . I have been a regular charwoman at the palace for nearly seven years. During that time I have occasionally received dusters without the royal mark—I have not noticed them every time I took them—it has occasionally happened during that time—after using them I returned them to Miss Lindsay.
MR. SOLICITOR-GENERAL. Q. Do you mean a number of dusters were delivered out without the mark, or among the number there would be occasionally one without a mark? A. One or two—I may have noticed this once a week or not so often, not once a month particularly—I will say once in three months—I may have noticed two or three and taken them back—some were the same description as the others—they have not been all alike—some of those unmarked were different from the other dusters—there were
some unmarked ones like the others—I frequently found unmarked dusters like the marked ones.
JANE HOLMES . I have been six years in the Queen's palace, at Pimlico, as charwoman, regularly employed during that time. I have had from Elizabeth Lindsay dusters and towels, and frequently had them without the royal mark, for the whole six years—I have noticed them several weeks, week after week, and month after month—I have had sheets without the royal mark, and a pillow-case—they were used in the palace—I have known her give other people in the palace linen without the royal mark.
MR. SOLICITOR-GENERAL. Q. Are you employed with others, or is yours a separate department? A. A separate department—we all receive the linen from Elizabeth Lindsay—I receive half-a-dozen dusters every day—both the marked and unmarked were sometimes of the same description—I received a dozen towels each day, sometimes unmarked—I did not examine, but should say they were about the same description of towels—I have had sheets unmarked twice during the six years—the last time was when Prince Holenholme came over—I drew them to make the beds—I think this was two or three years ago—that was the last time I drew the sheets—there was one pair then unmarked—I never observed but that one pair.
BODKIN. Q. They were for the Prince's suite? A. Yes—I cannot say whether the arrival was unexpected—we have about four regular charwomen—the number of extra ones varies.
ANN VAUGHAN . I am a housemaid at the palace. I do not know how many housemaids there are—it is our duty to receive the bed and other linen from Miss Lindsay—I have been employed there six years, and received linen from her during all that time, according as we want it—it depends on the number of visitors—I receive towels, dusters, sheets, and pillow-cases every day, and if company come we have more—I very frequently had dusters delivered out without a mark—I cannot say about towels—I did not notice them—I frequently had dusters without a mark, sometimes one, two, or three out of a dozen, which we have at a time—they have not always been of the same kind—I have not had eight or ten in a week without a mark—they were returned to Miss Lindsay with the others—I receive about three dozen dusters in a week—it is according to the work—I may change eight one day, and six another—we take back the dirty, and get clean ones—there may be twenty housemaids—they all apply to Miss Lindsay for linen—she directs the change of linen—nobody but the housemaids and charwomen apply to her—all the housemaids draw chamber-towels—I may have had unmarked towels, and not noticed them, or sheets—I had an unmarked duster among a dozen, the week before last—I have noticed two, three, and four in a week—I have not applied for linen and not obtained it—I never wanted much.
MR. SOLICITOR-GENERAL. Q. From whom do you draw linen now? A. Mrs. Potbury—I have dusters and towels from her, and have found one unmarked since.
SARAH KING SHOT . I am a housemaid at the palace, and have been so three years next October. I drew towels and dusters from Miss Lindsay sometimes three dozen in a day—we have them every day—I have had both towels and dusters without marks—I had a towel about ten days ago—it has not occurred very often—I have sometimes had two or three out of three dozen—it often occurred during the three years, but I did not take particular notice till the last twelve months—I have had good ones unmarked—before that I have had old ones without marks repeatedly—I had one pillow-case unmarked—I have had sheets, but none unmarked, that I observed—I have
not applied for linen, and not got it—about two months ago I asked for towels and got them in the evening.
HANNAH HOBBS . I am a housemaid at the palace, and have been so about seven years. I drew sheets, towels, dusters, and pillow-cases from Miss Lindsay, sometimes two dozen towels at a time; a dozen or half a dozen dusters, seven or eight pairs of sheets, I had towels, and dusters every day; sheets and pillow-cases twice a week, and sometimes once a week or fortnight,—during that seven years some of them have been unmarked—I observed a pair of sheets without marks about a month ago, and have seen several dusters without a mark—on only one occasion I had a towel without a mark—the pillow-cases have always been marked—the dusters may have been unmarked five or six times, sheets only once that I noticed—I think I noticed a duster about a month ago—there are nearly thirty housemaids—I have applied for linen at different times, and could not obtain it—I have applied to Miss Lindsay, and obtained it perhaps next day—I have not been days without it, to my knowledge.
MRS. FORD. I am housemaid at the palace, and have been so three years. I had sheets, pillow-cases, and other linen from Miss Lindsay, and had to wels and dusters without marks; I cannot say how often—I cannot say about sheets—I have applied for articles, and had to wait for them; I cannot say how long.
SOPHIA HARDING . I am laundress to the Queen, and have been so ten years. During that time I have received linen from Miss Lindsay, and have noticed sheets, pillow-cases, towels, and dusters without the Queen's mark—it frequently happened at the latter part of the time—I may have had a dozen towels and dusters unmarked at a time, some pillow-cases and sheets—they have come every time linen came, which is every day.
MR. SOLICITOR-GENERAL. Q. Do you mean every day you would find towels, dusters, pillow-cases, and sheets unmarked ? A. Yes; that has occurred during the whole ten years—the things came to me every day at certain seasons of the year, when her Majesty was in town—within the last two years I have every day found a great number of unmarked dusters, towels, and pillow-cases—I should rather think thatsome of the same things which came unmarked, and which I sent back, came again—some of them had not any mark, and others had marks which were not her Majesty's marks—there were various letters, M and L, and a variety of letters—I have seen towels, dusters, sheets, and pillow-cases so marked.
COURT. Q. Do you mean that there have been for this length of time things coming which you knew not to be the Queen's property? A. I have supposed them not to be the Queen's, because they were not marked with her name—they came counted with her Majesty's linen—I cannot say to whom they belonged—I never made any inquiry how they came there, because they were sent with the others, and I of course thought it was right.
NOT GUILTY .
(There were two other indictments, on which no evidence was offered.)
First Jury, before Mr. Recorder.
GUILTY . Aged 13.— Confined Ten Days.
1559. MARTIN BOWMAN was indicted for stealing, on the 25th of April, at St. Martin-in-the-Fields, 1 watch, value 35l.; 1 brequet chain, 2l.; 1 seal, 2l.; and 1 pencil-case, 1l.; the goods of John Henry Manners Sutton, in the dwelling-house of Edward John Dent.—2nd COUNT, stating them to be the goods of Edward John Dent; to which he pleaded
GUILTY. Aged 13.—Recommended to mercy, supposing him to have been the dupe of older persons.— Judgment Respited.
MR. PAYNE conducted the Prosecution.
WILLIAM SCOLEY . I am servant to Mr. James Rouston—he has a farm on the Harrow-road. On Wednesday evening, the 1st of May, a little before seven o'clock, I saw a cart-horse of my master's in the straw-yard—I missed it on Thursday, the 2nd, a little after eight o'clock—I saw it again the same evening, in the possession of Mr. Rouston—it was produced at the police-court, and is here now.
JAMES ROUSTON . I am the master of Scoley—I had a cart horse in the straw-yard worth 6l.—I lost it in the morning—on Thursday, the 2nd of May, I found it at Mr. Winkley's, a slaughterer in Green-street, and brought it home again.
RICHARD LINDSEY . I comer from Mr. Winkley, the knacker's, in Green-street, Blackfriar's-road. On Thursday, the 2nd of May, I heard a horse was to be sold—I went to the Obelisk Livery-stables, near the Surrey Theatre, between twelve and one o'clock, and saw the horse there, which was afterwards given up to Mr. Rouston—I waited till the prisoner came to the livery-stables—he told me the price was 3l.—a person pointed him out as the owner—I said I would take him to my master, and if he approved of it I would bring the 3l. back—I took it to Mr. Winkley—he told me to fetch the owner—I fetched the prisoner—master asked him where he came from—he said from Brentford—he asked why he parted with the horse—he said it was too big for him, he wanted a smaller one—master asked him if he knew Mr. Burford at Brentford—he said he did not—he said he knew Bevan—master said, "Is that the lowest price, 3l.?"—he said he should not take less for it, and went away without stopping for the money—I do not know why.
Cross-examined by MR. O'BRIEN. Q. Were there many persons in the stable at the time? A. The ostler and three young men—I had never seen the prisoner before—my master is not here—I never said I was not certain of the prisoner—I looked at him to know him again—he had on a kind of fustian-dress—there was nothing very particular about him—I knew him directly I saw him—I have no doubt of his being the person.
GEORGE HIMBURY (police-constable D 102.) On the 2nd of May I went with Mr. Rouston to Winkley's, and found the horse there—Mr. Rouston took it away in the evening—it was the same horse that is here now—on the 8th of May I took the prisoner into custody in the tap-room of the White Horse public-house, Edgware-road—I told him I wanted him for the horse which was stolen out of Mr. Rouston's yard in the Harrow-road, which he offered to Mr. Winkley for sale—he said he knew nothing about it—as I was taking him to the station I saw he had no hat—I left him in custody of my sergeant, and went back to the White Lion court, and there found his hat in the hands of the ostler, who gave it up to me—further on, going to the station, he threw the hat away, and said, "George, take care of my hat" (meaning a man named George Dixon who works at the boats)—he asked me for his hat in the morning to go to the office—this statement was read over to the prisoner, and the Magistrate signed it—I believe this to be Mr. Long's handwriting—I have
seen him write—(read)—"The prisoner says, 'I did not steal the horse; the horse was brought to me, and I have witnesses to prove it.'"
GUILTY . Aged 18.— Transported for Ten Years.
JOHN DIMMOCK . I live in White Horse-court. On the 6th of May I was in bed—the prisoner came into the room, and my wife with her—the room was dark—the prisoner had a knife—I never spoke a word to her—she cut me with the knife—when she had done it she said, "Take what I give you"—she did not address me before—I did not interfere between my wife and her—she stabbed me in the cheek, right through into my mouth—I was taken away to the hospital directly—she shoved the door in when she came in—I do not know whether she addressed my wife—I had been in bed two hours—I started up when she stabbed me, and then fell backwards—I had not risen from my bed and approached her—when she stabbed me I had got about a yard from the bed—I did not utter a word when I rose from the bed—I said "Peace" to my old woman—that was not because there was any altercation going on—she did not mention my name when she stabbed me—she said nothing about old Dimmock then.
Prisoner. Q. Did not you come down stairs and break open my door? A. No—nor did I strike you—I never had any words with you—my wife came home late from work that night—I had nothing on but my shirt and night-cap.
MARY DIMMOCK . I am the wife of the last witness. The prisoner and I had a quarrel on the Sunday before as this happened on the Monday night—we did not meet together on the night of the 6th—I met her on the top of the place—she jawed me, and called me names—I made no answer but begged her to let me alone, I was tired and wanted to go to rest—she came to the window and chucked bricks in at the window—I ran up stairs into the room—she bounced in and stabbed my husband at his bedside—we had no quarrel, only having words—the quarrel the day before began because I mentioned the man's name that came into her place—I made her no answer on the Sunday all the while she was jawing—I fastened the door—I said to her, "You have got so and so in the room"—the man was a pensioner—his name is Mr. Fred—she said she would have him in spite of me—I said I did not care who she had, and she kept on all the while—she went to drink with this man, and kicked up a row all the while—nobody answered her—she was coming home about ten o'clock at night and met me—she jawed me and called me names—I never answered her—she came to the window when he was in bed and asleep, and chucked bricks in at the window—the neighbours came and said, "What are you about?" and she ran up stairs—I had no light—she had a candle in her hand—she shoved at the door, I shoved it against her, she shoved it and came in—he got out of bed and she stabbed him at the bedside—I have one of her shoes which she left in the room—I found the knife against the bed along with her shoe—I gave it to the policeman.
Prisoner. You called me all manner of names, and threw a brick-bat on my shoulders? Witness. No—your witnesses were in liquor—my husband did not break open your door.
GEORGE RYDE . I am house-surgeon at St. Bartholomew's hospital. On the night of the 6th of May, between eleven and twelve o'clock, the prosecutor was brought to the hospital with an incised wound in the cheek, about two inches long, completely through into the mouth—it appeared to have been inflicted by some sharp instrument, such a knife as this would do it, used with force—he lost a considerable quantity of blood from the wound, which might be dangerous considering his usual habits—the wound itself was not dangerous, but I feared erysipel as from the excitement of the system.
Prisoner. I know I threw a piece of a bason at him. Witness. It decidedly could not have been done in that way—it was a clean cut wound, and one of that depth could not have been so produced.
JOSEPH PARFETT (police-constable G 38.) On the 6th of May I was on duty in Red Lion-street, Clerkenwell-green—the prosecutor's wife said something to me—I went to White Horse-yard, and found several persons holding the prisoner, and saying, "This is the woman that stabbed the man"—at the station, she said it was done by a bason—I went back and searched, and the prosecutor's wife produced this knife—there was about a pint of blood on the floor—the blood was on the knife at the time—it is on now—a broken bason was produced to me, but there were no signs of blood on it—that was in the adjoining room to where this happened—a person in the next room produced it.
Prisoner's Defence (written.) I was waiting at my own door, about a quarter past eight o'clock in the evening, when she began to abuse me; she then went up into her own room, and threw a brick out of her window, which fell on my shoulder, and hurt me very much; she then threw a second, which fell on my arm, and hurt me; the prosecutor then came down, and struck me, in presence of the neighbours; I went to my own room, and fastened my door; he followed, and forced it open with great violence; I screamed, "Murder," Burke came to my assistance, and said, "Are you going to murder the woman in her own room?" the prosecutor's wife threw a bason at me; it missed me; I threwit again, and it hit him in the cheek, but I had no intent to injure him; Mrs. Mulligan saw it; I never had the knife in my hand, neither did I ever see it before it was brought to the office; the prosecutor has been convicted at this Court.
ANN MULLIGAN . I live at No. 6, White Horse-court, Turnmill-street, Clerkenwell. The prisoner and Mrs. Dimmock have been quarrelling for these five months—the prosecutor never interfered between them until this night—they were jawing one another—the prisoner was down stairs, and Mrs. Dimmock was up stairs—something was shoved out of Dimmock's window, I do not know who by, or what it was; it was like a bit of brick, or some kind of dirt—the prisoner ran to the dust-hole, and gathered up whatever she could, and resented the blow back again—I then saw the prosecutor get up, and come down stairs in his shirt—he took the prisoner by the shoulder, shoved her about in the court, and shoved her against the wall—she then took the candle out of my room, which is just opposite hers, on the ground floor, and ran up stairs—the prosecutor followed her, and broke in her door—I went up, on hearing them kicking the door, and Mrs. Dimmock told me to come down, she did not want to hurt me—I said, "It is no use breaking the woman's door"—when the prisoner's door was broken, she opened her door, came out, and kicked a board off Dimmock's door—I had hold of the prosecutor all the time, outside, on the landing—he then went into his own room—Mrs. Dimmock was then in her own room—she was standing just at her own door—you can step out of one room into the other—they shut the
door, and whatever Mrs. Dimmock shoved out to the prisoner I cannot say, but she resented the blow again out of her own room—the prisoner cried "Mercy"—there was a man down stairs, who came up and said, if any one offended a lone woman he would be the man for them—the prisoner did not go into Dimmock's room—she never left her own room—she was in her own room when she kicked their door in—the doors are close together—a woman who lodges in the house said, "Put your shoulder to the door, Margaret, and bolt it"—the prosecutor kicked half the prisoner's door off—when she kicked their door Mrs. Dimmock opened it, and shoved in a basin or something—I saw it coming into the prisoner's room, it was like a saucer—I was in the room, and she resented the blow back again out of her own room—I was the first that went into Dimmock's room—I did not think at first it was so great a cut till a candle was brought—he got the cut by the prisoner throwing whatever she threw into his room, it caught him on the face—I did not see it, I had no candle—I saw her throw the thing, but did not see what it was—she then ran down stairs, I did not see her go into Dimmock's room.
BRIDGET BENTLEY . I am a servant when I am able to be so—these two women have been quarrelling for five months, there has been no peace in the place—they were at it early and late—on this night I heard them abusing each other, and heard a great many people in the yard—I looked out of the window and saw the prosecutor there in his shirt, he had hold of the prisoner by the neck shaking her, and she said, "What have you got to do with me that never offended you?"—the prisoner ran up stairs to her own room, and put her back to the door—I was in bed in her room, my bed was close to the window—the door was broken in on her—I said, "Bolt the door, and nobody can break it"—a a few minutes after I saw the prisoner putting her hand on the table as if looking for something to heave into the room after him—what she heaved I cannot say, but she heaved something, and I heard the prosecutor say, "I am slaughtered"—Mrs. Mulligan went into the room to wipe the blood off his face—Mrs. Dimmock went for a policeman, who came and took him to the hospital—the prisoner was taken to the station—then two policemen came and searched the prisoner's and prosecutor's room for the knife, but could not find it—between five and six o'clock next morning Mrs. Dimmock put her head out of the window and said, "Here is the knife"—I said, "Where did you find it?" she said, "Under the side of the mattress"—I said, "Show it to me"—she said, "No, I won't, it is a white handled knife"—I said, "Why I have been two years and nine months in this room, and I never knew Margaret Kelly to have a white handled knife, unless it was borrowed from your room"—the prisoner did not go into Dimmock's room at all.
GEORGE ROYDE re-examined. The wound might have been inflicted by throwing a knife out of the hand, if thrown with considerable force, but I do not think it likely—it could not have been done by a part of a saucer, or anything of that sort, it was much too cleanly cut—the edges of the wound were so closed that I had to insert a fine probe—the wound was about two inches long—it could not have been done by a throw, unless it took a slanting direction—it is much more likely to have been done by holding the instrument in the hand.
GUILTY . Aged 42.— Confined Twelve Months.
OLD COURT.—Friday, June 14th, 1844.
WILLIAM TOWNSEND . I live in Harlington-place, Church-street, Marylebone. I work for Mr. John Pink, a builder—he has a house there which is being pulled down—I was working there—on the morning of the 31st of May I missed part of an old smoke-jack, which had been taken down, and was lying in front of the building—I found part of it lying at the back of the building—I found the prisoners together on Mr. Farrar's building, on the same premises—I asked what they had done with the brass part of the old smoke-jack—they both replied they knew nothing about it—I laid hold of Gates's collar—he said, "I have not got the old brass, the other boy has got it up stairs"—Weeks was up stairs then—Kent came and asked what I had lost—the prisoners were standing close by and could hear—Kent said he had picked it up in the back premises of Mr. Farrar's warehouse, and said, "This is it"—I did not say before the Magistrate that Gates had gone up stairs and brought it down—I put my mark to what I stated, this is it—it was read over to me—(The deposition being read, stated, "Gates went up stairs and fetched me apiece of brass, which was a part of the old smoke-jack.")
JAMES KENT . I work for Mr. Farrar, and live in Church-street, St. Giles's. I came on these premises about half-past eight in the morning, and saw the prisoners there—Weeks was in the act of hammering up part of an old piece of smoke-jack—when they saw me Gates tried to make his escape out of the place—I asked Weeks how he came by it, and picked it up and looked at it—he said "He found it near the sewer," which they were digging out—it was a kind of box—I would not give 1d. for it—I gave it him again, but said, "Do not break it up, if you want the brass of it unscrew it"—I then went away—I afterwards found the iron part of the box in the warehouse—the prisoners were at work at Mr. Farrar's place, but not for him—Weeks had been at work for six or seven weeks, and was a very honest lad—Gates afterwards came to me, and asked what I had done with the piece of iron—I said I had chucked it into the rubbish—Townsend afterwards came, and I gave him information, and gave him the iron part of the box, which I found in the wash-house.
ALFRED HUGHES . (policeman.) On the 31st of May I took the prisoners into custody—I told them I should take them to the station—Gates said, "There were two, others in it, and they ought to be taken too."
(Property produced and sworn to.)
NOT GUILTY .
1563. MARY ANN HUNT and EMMA BRAY were indicted for stealing 1 watch, value 3l.; 1 guard-chain, 10s.; 1 handkerchief, 3s.; 1 tobacco-box, 1s.; 1 sovereign, and 6 shillings; the goods of Michael Murphy, from his person.
MICHAEL MURPHY . I live in New-street, Westminster. On Monday afternoon, the 27th of May, I met the prisoners at the Nag's Head, Tothill-street, Westminster—I went with them to a house in the Almonry—I had been taking a little drink in the public-house, but was sober—it was three o'clock in the afternoon—I went into the bedroom, they were both present—my watch was in my pocket, my guard and handkerchief round my neck, and my tobacco-box in my coat pocket—I went to sleep—when I awoke I missed
all I have stated, and a sovereign and six shillings—the prisoners were then gone—I called the police—this is my watch-guard, I identified it at the pawnbroker's before he showed it me—one link is lost—it is the one I had about my neck at the time.
VALENTINE SIMMONDS . I am shopman to Mr. Williams, pawnbroker, Westminster. On Monday afternoon, the 27th of May, about four o'clock, both the prisoners came into the shop—I knew them before—Hunt pawned the watch and guard for 3s. and they both went away together.
Hunt's Defence. I met him at a Tom-and-Jerry shop, with another young man; they asked me to drink; I did so, and sat down by his side; he asked me to go home with him, and gave me this as he had no money.
HUNT— GUILTY . Aged 17.
BRAY— GUILTY . Aged 19.
Confined Six Months.
Fourth Jury, before Mr. Recorder.
1564. EMMA HAYES was indicted for stealing, a 10l. Bank-note, the property of Joseph Severn, her master, in his dwelling-house; and THOMAS HAYES , for feloniously receiving the same, well knowing it to have been stolen, against the Statute, &c.; to which
EMMA HAYES pleaded GUILTY. Aged 13.— Judgment Respited.
JOSEPH SEVERN . I am an artist, and live at No. 21, James-street, Westminster; the prisoner Emma was engaged to assist my nursery-maid, and had been with us about a fortnight—she slept at home. On the 21st of May I received a letter from my wife, with a 10l. note in it—I put it into my dressing-gown pocket, and on going up stairs at night I put it into my dressingcase in a hurry—I am sure I put the 10l. note and letter in and locked it, but a slight portion of the corner of the letter was visible outside—I opened my dressing-case next morning, about seven o'clock—I found the letter had fallen down in the box, and the 10l. note was missing—I recollect the note had the name of Scott and Co. on the back of it, but do not know the number.
JAMES HIBDEN . I am shopman to Messrs. Shepherd, of the Kent-road, Borough, hardwaremen. On the 21st of May, about seven o'clock in the morning, the male prisoner came to our house, and bought goods, amounting to 2l. 11s. 7d., and paid me a 10l. note—I gave him 7l. 8s. 5d., all in silver, having no gold—I produce the note.
Cross-examined by MR. PAYNE. Q. Did you ask who he was? A. I asked him no questions, I did not ask his name to put on the note, as I considered him a hawker, and they seldom have an address—I know the note by Scott and Co., which I observed on it before I gave him in charge.
MR. SEVERN. I know this to be the note—I recollect the handwriting on it.
Cross-examined. Q. Do you venture to say it is the note? A. I cannot be mistaken—I did not know the male prisoner—I went to his house, and found it was a decent place, and his wife is a decent woman—I find by inquiry he is a respectable man.
COURT. Q. This child was not in a condition to have a 10l. note? A. No—the male prisoner is her father.
and the showed me a 10l. note—this is it—I saw "Scott and Co." on it—I looked at the writing on the back.
JOHN PORTSMOUTH (policeman.) In consequence of information, on the 22nd of May, I saw the male prisoner, and asked if he had got the note his wife gave him—he said he had not, that he had changed it at Shepherd and Co.'s, No. 132, Kent-street—he gave me the bill of the goods he bought, and said he had 7l. 8s. 6d. in silver change, which he gave me—he lives in Palace-street, Pimlico, about two miles from Kent-street—there are two shops of the same kind as Shepherd's, not a quarter of a mile from the prisoner's house.
Cross-examined. Q. Did not the wife go to meet him? A. Yes, we found him in the street, coming home—his wife said, "There is a fine piece of work about the note I gave you this morning"—I asked if she had given him a note—he said, "Yes"—he said the girl said she had found it—he made no attempt to escape—he bears a very respectable character—he had a parcel of combs and brushes—I believe he deals in hardware—he did not equivocate.
THOMAS HAYES— NOT GUILTY .
MR. O'BRIEN conducted the Prosecution.
WILLIAM WOODCOCK . I am a seaman. On Thursday morning, the 6th of June, I went into the Harrow, at Poplar, called for a pint of beer, and asked two females who were there to drink—two other females came in, and the prisoner asked me to give her some beer—I said "No," and told her to go away two or three times—I shoved one of them away—the prisoner spat in my face, crossed the room, pulled off her cap, and began to show fight—all three began on me, and before I could get out of the door she struck me over the head with a pint or a quart pot—I bled full half a pint—I am sure it was her.
RONALD ROBERTSON . I am a surgeon, and live at Poplar. I dressed the prosecutor's head on the 6th of June—there was a cut down to the bone, about an inch and a quarter long, at the top of the head, it might be inflicted by a pewter pot, but with considerable violence—the only danger was that erysipelas might follow.
JAMES CRAIG (policeman.) On the 6th of June I saw the prosecutor with his arm over his face—he came to the station, and complained of being struck by a female—I found the prisoner with three females at the Harrow, and asked who had assaulted the man—The prisoner said, "Has the one-eyed b——r gone to the station?"—I said I would take them all to the station, and he pointed the prisoner out—she said he had fallen down and grazed his head against the fire-place—I went and examined the fire-place—the bar runs straight, and it is impossible it could have happened so.
Prisoner's Defence. I went into the Harrow; the prosecutor and a strange woman were there; she came over and told me she had been there all night, and had lost her bonnet; I said, "You are a foolish girl to stop here and lose your clothes;" the prosecutor jumped up and said, "Mind your own business," and called me names not fit to use; he was going to strike me and I gave him a push, and he fell towards the fire-place; I put up my hand to save the blow.
GUILTY of an assault. Aged 26.— Confined Six Months.
1566. JAMES MARRS was indicted for stealing, at St. Marylebone 4 coats, value 4l.; 12 yards of silk, 1l.; 1 shawl, 1s.; 3 watches,5l.; 3s. rings, 1l. 10s.; 7 tea spoons, 2l.; 1 pair of ear-rings, 6s.; 3 shillings, and 8 pence, the property of William Risk, in his dwelling-house.
WILLIAM RISK . I live at No. 29, North-street, Lisson-grove, and go out as a waiter. I have the house in trust under the prisoner's mother's will—the prisoner was jointly to have the property when it is out of debt—he is nineteen years old—on the 3rd of June he was in the parlour with me about five o'clock, and left soon after five—these four coats are my own—the Norwich crape belonged to my wife, who is dead—the spoons are my own—the two watches were under my care for the prisoner—he did not return at all—I went out to attend a dinner, and returned about half-past eleven—the parlour where he slept was locked—I went up to my bed-room, found a false key in the door, found the drawer and nine more locks broken open, and missed the articles stated—I have found the four coats, a shawl, and Norwich crape.
Prisoner. He has always been trying to do me out of the place—I have asked him for money to get clothes which was left for me in his hands—he told me to go thieving—I took these things behind his back, as I knew he would not let me have them—I know nothing of the spoons—he wants me out of the country, that the property may come into his hands—he fed me on bread and water, and charged it in the book at 10s. a week.
Witness. I had no money at all—I have done everything I could for him—I got him a situation and he robbed his employers—the mother left the lease of the house, which has 15l. ground rent—the furniture is worth 17l.—I pay the ground rent—I have lodgers, and take their rent and account for it—I had to pay the mother's debts—she died in 1834—I have not rendered my account at Doctor's Commons—I cannot tell how much I have received, without the books—I have not received 200l.—I cannot say how much I have laid out for the prisoner—I got him a place and clothed him.
EDWARD HARRIS (police-constable E 50.) I stopped the prisoner in Church-street, St. Giles, with a bundle, and asked what it was—he said he did not know—that he brought it from his master, a tailor at No. 17, Lissongrove, and was taking it to Drury-lane—I found out the prosecutor, who identified these four coats, which were in the bundle with this Norwich crape in an old shawl.
Prisoner. My mother's brother was left trustee—he died and the prosecutor turned me out—he wanted me to go for a soldier.
WILLIAM RISK . re-examined. The administration was granted to me—the uncle would not have anything to do with it—I cannot recollect what the property was sworn under—I think all the expenses of proving the will were 4l.—the coats are my own—the prisoner had everything as I did.
Prisoner. I was told everything in the house belonged to me—he got me two coats at a rag shop, and put them down at 2l. 14s. 6d
NOT GUILTY .
LOUISA WHITE . I am a widow, and live in Great St. Andrew-street. On the 3rd of May, between three and four o'clock, the prisoner came and put this request on the counter—he said nothing—I opened it, and believed it came from Livermore's in Oxford-street, who are customers of mine—I saw my shopman deliver the goods to the prisoner with an invoice—they were worth 2l.—I had never seen the prisoner before, but have no doubt of him—(request read)—"Per Bearer, one set balance-handle knives and forks, and
you will oblige, to go by twelve o'clock train. W. Livermore; H. Livermore, 30, Oxford-street. To Mrs. White."
HENRY LIVERMORE . I am in the service of William Livermore, of Oxford-street, ironmonger. The prisoner was formerly in his service about three months, as errand-boy, and left about Easter—the "H. Livermore" on this request is not my writing, nor is it William Livermore's—it was never issued by authority of the house—the goods were never delivered—he deals with Mrs. White.
Prisoner to MRS. WHITE. Q. Are you sure I am the person? A. Yes—he was ten minutes in the shop—he came again on the 4th and 8th of May—I am quite certain of him.
GUILTY . Aged 18.— Confined Two Years.
(There were two other charges against the prisoner.)
There being no evidence against the prisoner, except a confession which was extorted, she was
1569. GEORGE BROWN and GEORGE FORD were indicted for stealing 3 handkerchiefs, value 6s., the goods of Henry Banham; and GEORGE HATTON , for receiving 1 handkerchief, well knowing it to have been stolen; against the Statute, &c.
HENRY BANHAM . I am a gardener, and live in Upper Cambridge-street, St. Pancras. On the 29th of May, at twelve o'clock, six silk handkerchiefs hung in my garden at the back of the house—I received information, and missed them shortly after.
HANNAH SUTHERLAND . On the 29th of May I saw Brown and Ford stand at a gate opposite—Brown took a bag off his shoulder—they walked up to the bridge—I saw them come back again—Brown went over to the right, and Ford to another place, and crossed over to a gate, and got into the prosecutor's garden—he came out, and both went down the road together—I was at work at my window opposite, and saw this—he had to go over two gardens to get to the prosecutor's—I am certain it was Ford I saw go to the garden.
ALFRED ALLEN . I live in Upper Cambridge-street. I saw Brown go into this garden, and take the handkerchiefs off the line—Ford was walking up to the bridge and back, while Brown was in the garden—he got over the rails of the garden—I saw him take the handkerchiefs, put them into his bag, and run down the road—Ford was running first—they both met together in Brewer-street—when Brown saw a policeman coming, he gave the handkerchiefs to Ford, who ran down the footpath—Brown was taken.
Brown. If I went and took them, how could Ford? two could not take them.
JOHN HARVEY (policeman.) I took Brown at the corner of Brewer-street—I saw Ford standing with him, but he ran down St. Pancras-road, towards King's-cross—I told Brown he must go with me for stealing three handkerchiefs from the Counsellor's-ground—he said, "God bless you, it could not be me; I don't know where it is," and said he was at Pentonville at twenty minutes to twelve o'clock—this was about a quarter to one—Upper Cambridge-street is called the Counsellor's-ground.
JAMES HERSEY (policeman.) On Wednesday afternoon, the 29th of May, about a quarter to three o'clock, I saw Hatton and Ford come down Brewer-street, in the way from the Counsellor's-ground—I had seen them in the fields—I followed them down to Brewer-street, saw Ford take a handkerchief off his neck, and give it to Hatton—I lost sight of Hatton close to a pawnbroker's—I stopped and saw him come out of the pawnbroker's, followed him into Weston-street, where they joined each other, and I secured them walking together—I found the handkerchief on Hatton—when I told them what I took them for, they both said, "It is mine," and at the station Ford said, "I bought it last week down Saffron-hill; the chap wanted 4s. for it; I gave him 2s."—I had seen them together for half an hour.
Brown's Defence. I declare I was not there, and I do not know the other prisoners; two could not take them; if I had done it I would not have stood where everybody was passing.
Hatton's Defence. This boy bought a handkerchief; I was asked to pawn it, and went to do so; I was told it was bought for 2s.; the pawnbroker would not advance 2s.
JOHN HARVEY re-examined. They were standing together when I saw them—Ford ran from Brown—I should not have allowed him to pass, but I had a wrong description of his dress—I am quite sure of Ford—I knew him well before.
BROWN— GUILTY . Aged 18.
FORD— GUILTY . Aged 17.
Confined Six Months.
HATTON— NOT GUILTY .
OLD COURT.—Saturday, June 15th, 1844.
1570. JOHN BURCHELL was indicted for burglariously breaking and entering the dwelling-house of Robert John Burchell, at Stepney, about four in the night of the 5th of June, and stealing therein, 2 coats, value 3l.; 4 waistcoats, 30s.; 2 pairs of trowsers, 2l.; 1 handkerchief, 1s.; 1 cashbox, 2s.; the goods of Arnold Herbert Dolman: and 1 watch, 15s.; and 4s.; the property of Robert John Burchell; to which he pleaded
GUILTY .— Confined Twelve Months.
JOHN GARRETT . I live in Penny-fields, Poplar, and am a dyer. On the 21st of May I let the prisoner a furnished room—in about a week she brought a man home drunk at two o'clock at night—I would not let them in, and about eight o'clock in the morning she left, saying she should soon come back and pay the rent, but did not—in the evening I missed these things—I met her on Friday, and gave her in charge—she said she had taken the things to her sisters for her child to lie on—that is my blanket and bolster.
GUILTY . Aged 17.— Confined Four Months.
Before Mr. Justice Williams.
MESSRS. WILKINS and PARRY conducted the Prosecution.
ANN WILLIAMS . I am the widow of Luke Williams, who kept the Checkers, at Wapping-wall. He was formerly in the army, and had a pension from Government—on Saturday morning, the 18th of May, he left home at half-past ten to go to the Bank to get notes for thirty-two sovereigns, which he had with him—I went, between nine and ten that night, to the house of Nicholson, No. 6, Brunswick-place, in consequence of information from Wardle—I saw Rosetta Bragger, Mary Ann Ash, Louisa Ash, and Rebecca Ash, Louisa Ash's mother—my husband was not there then—they were all in a beastly state of intoxication—I asked them if my husband had been there—they all said they had not seen him—I am certain they all said so—I returned home, went back about a quarter to twelve o'clock, and saw my husband standing outside under Nicholson's window—Nicholson told him to go home about his business—my husband said he should not till he got his money—I stood under the window an hour or more, and my husband returned home with me and a sailor with him named Wardle, who has gone to sea—he then had 7s. 6d. about him—next morning, between six and seven o'clock, I went with him to Nicholson's house—I knocked at the door, and saw Rosetta—she looked out of the room window—my husband asked her where Richard Bragger was—she said he was not there, he had left at six o'clock that morning, and asked what he wanted—he said, "You know what I want; I want my money I was robbed of lastnight by Nicholson and Bragger"—she said, "I know nothing of your money"—I got into the house nearly an hour after I got there—I was obliged to get a policeman before I could get in—Mrs. Ash opened the door—it was then near eight o'clock—I then saw Mary Ann Ash—she and Rosetta Bragger asked my husband what he wanted—he said, "I want my money that I was robbed of last night by Dick Bragger and Nicholson"—they said Nicholson was not at home, he was gone out with his milk, and would not be in till eleven o'clock, and they knew nothing of the money—my husband said, "You know all about it"—we waited there till a quarter to eleven, when Nicholson came in—my husband asked him for his money, and so did I—he said, "I know nothing of your money"—my husband said, "You know all about it," and he immediately left the house—I asked Mary Ann Ash where Nicholson was gone—she said he was gone to the Lamb, which is nearly opposite—she immediately left for him—I saw neither of them afterwards—I went over to the Lamb, but found none of them there—I returned to Nicholson's house, and left my husband there, about twelve o'clock, waiting to see Bragger and Nicholson, to obtain his money—I went there again at four in the afternoon—the parlour shutters were closed—I knocked at the door—Mary Ann Ash opened it—I asked if my husband was there—she said, "Yes, he is"—she opened a side parlour door, and said, "There he is, take him home"—her sister Louisa immediately followed, and told her to put me out of doors—I said, "It is all darkness here, you had better get me a light"—Mary Ann said, "I will see you d——first"—I could not see him distinctly—I said I would immediately get a policeman if she did not open the window, and she did—I then saw my husband seated on a chair, quite insensible, in one corner of the room, leaning forward in a stooping position, bleeding very much at the nose and mouth—the back of the chair he sat on was broken—it appeared a new chair—there was a large brass fender there very
much bent inward—the carpet and the room was in general disorder—there was nobody in the room with my husband when I went in—I asked Mary Ann Ash how this occurred—she said, "I don't know, find out if you can"—I immediately got a policeman, fetched a cab, and George Bragger assisted the policeman to put my husband into it—Mary Ann Ash, Rebecca Ash, George Bragger, and Elizabeth Jameson, were in the house—I took my husband home, and got medical assistance for him about eight o'clock—he lingered till Wednesday evening, about eleven.
Cross-examined by MR. BALLANTINE. Q. Did George Bragger appear to come from the Lamb opposite? A. I believe he did—my husband was in liquor or Saturday evening, but not on Sunday.
ELIZABETH HILLIER . I am the wife of John Hillier, who keeps the King's Head, Brook-street, Ratcliffe. On Saturday evening, the 18th of May, Mr. Williams came to our house, with a person he called Mary Ann, (I think it was Ash,) and another young woman without a bonnet—Mary Ann Ash called for a quartern of brandy, which Mr. Williams paid for—he and the females drank it—Richard Bragger and Nicholson came in afterwards—Mary Ann said to Nicholson, "Where is Dick? "—I do not know his reply, but she went towards the door, and Dick came in—Mr. Williams said, "Dick, where is the half-sovereign?"—he accused him of taking it—that led to quarrel—a scuffle took place between him and Richard Bragger—Mr. Williams called him a b——rogue, and offered to fight him—Bragger got out, and held him by the coat, and said, "I do not wish to strike you"—Williams offered to strike him—Bragger let go of his coat, and they struck each other—Bragger struck him on the left eye, which bled—I said he ought not to strike an old man—he afterwards assisted in washing the eye—after that they appeared on friendly terms again—Mary Ann went away about half-past nine, and Bragger and Nicholson also—Williams took what appeared to be two notes out of his pocket, and some silver and gold—Nicholson picked them up, laid them on the counter, wrapped them up, and gave them to him—Williams left our house at twenty minutes to twelve, rather in liquor—the others had left a considerable time before—Williams fell from his chair, on his right side, in the course of the evening, about half-past eleven—shortly after he got up, he put his hand to his head—I asked if his head was bad—he said, "Yes, very bad"—my house is about five minutes' walk from Brunswick-place.
Cross-examined by MR. CLARKSON. Q. Did he fall with his head on the floor? A. I did not perceive that it went on the floor—he fell on his right side, head and all—I should think he was in liquor then—he was at my house from half-past seven to twelve, drinking and talking—I should think he was very much in liquor—he spent 5s. or 6s. in my house that day, all in brandy, and one bottle of ginger-beer—he received the blow in the eye about eight—he did not appear stupid and sleepy from that time—he sat with Mary Ann by the side of my bar, and afterwards stood with his back against the counter—he was rather in liquor then.
WM. WISEMAN (policeman K 156.) On Sunday morning, the 19th of May, I accompanied Mrs. Williams to Brunswick-place, about half-past eight o'clock, and saw the deceased outside the house, No. 6—he had a severe black eye—a seafaring man was with him—he knocked at the door—Rosetta Bragger opened the window, and asked what he wanted—he said he wanted his money, and asked her to open the door, which she refused—he broke a pane of glass, undid the hasp of the window, got in and opened the door—I went in with Mrs. Williams and Mumford—the two female prisoners came down stairs—Williams asked Rosetta where his money was, and asked for Nicholson—she said he was out with his milk, and would not return till eleven—they
denied all knowledge of the money—the prisoner's mother came in afterward I and Mumford left a little after nine—in the afternoon of the same day I went again with Mrs. Williams to the house, and was joined by Mumford—we got there at one or two minutes to four—there were several persons outside—the shutters were closed—I noticed several panes of glass broken—one was broken in the morning—I went into the house, and saw Mr. Williams in the kitchen, sitting on a chair, with his head on his breast, and breathing very heavy—Elizabeth German was bathing his temples—both the female prisoners were there—Horstead came in about two minutes after I was in the house—George Bragger was in the kitchen when I went into the house—Horstead was intoxicated, and was talking to Mr. Williams, but I requested him to go out—Rosetta said to Horstead, "You did this"—Horstead said, "No, I lent him 1s.," and said the old man had squared up to him, and a scuffle ensued—I apprehended Nicholson next morning, and Mary Ann Ash about eleven—Rosetta and George Bragger were with her, but I did not take them myself—Mary Ann denied all knowledge of the money—I took her to the station—on the Sunday afternoon I saw that Horstead had a mark on his nose and forehead—blood had been streaming down.
Cross-examined by MR. CLARKSON. Q. Horstead lived directly opposite Nicholson? A. Yes—he did not live with him—there was a great excitement in the neighbourhood on Sunday, about a robbery being practised on Williams the day before—Ash's mother made her escape out of the house over the back wall, at the time I went in—I went after her, and took her—when Horstead came in, at fouro'clock, he commenced talking—I requested him to go away—he said, "What is the matter?" and being intoxicated, I advised him to go away—it appeared, from his observation, that he did not know anything was the mutter till hesaw him—I had not been there before four o'clock—Rosetta was taken on Monday morning about eleven, at the same time as Mary Ann—I didnot hear on Sunday morning that Rosetta was charged with robbery—the shutters were open on Sunday morning—they were partly closed at fouro'clock—the neighbours were outside the house—I did not see the window broken—I saw Williams break one in the morning—he was perfectly sober then—he was complaining of being robbed, and insisted on getting in—Iwent there on Saturday, but heard nothing of it till Sunday morning—it is not on my beat.
ISAAC MAIDMENT (police-constable K 186). On Sunday morning the 19th of May, I went on my beat about nine o'clock—about ten, I met Mr. and Mrs. Williams and a sailor in the Commercial-road—in consequence of a complaint Williams made to me I went with him to No. 6, Brunswick-place, and there saw Mary Ann Ash, Mrs. Ash, and George and Rosetta Bragger—my appearance produced some confusion—Williams asked Mary Ann Ash where Nicholson was—she said he was gone out to Mr. Taunton's, and she would go and bring him over—she went over and did not return—I asked Williams in the presence of George and Rosetta Bragger where the other man (Richard Bragger) was—he said he did not know—I then went over to Mr. Taunton's—I did not find Nicholson or Mary Ann Ash there—I then returned to No. 6, and remained there about half an hour, and then left, leaving Williams and his wife there—I met George Bragger coming from No. 6, as I returned there—about eleven o'clock I saw Mary Ann Ash in Commercial-road along with two females—I spoke to her, and took her back to No. 6—Mr. Williams refused to give her into custody—he said he wanted to see the two men.
WILLIAM LEE (police-constable K 268.) On Sunday the 19th of May, in consequence of information I received from Wiseman, I went to No. 6, Brunswick-place, about ten minutes after three o'clock—I saw George and
Rosetta Bragger there, and Williams—I said, "Well, Mr. Williams, what is the matter now?"—he said, "They have robbed me again"—I said, "Who has robbed you?"—he said, Dick Bragger and some one else had taken the money out of his pocket in thekitchen—after some conversation, Rosetta said, "He has blacked one of your eyes, and I will black the other before you leave here"—she repeated that three times—I told her she had better mind what she was saying—no one was then present, but Williams and her—George Bragger and Mrs. Ash werein the kitchen—I went into the kitchen and asked George if he had seen his brother Richard—he said no, he had not seen him for the day—I called Mr. Williams out, and told him he had better leave—I then left—I had been there about twenty minutes—he was quite sober and collected at that time—I left the prisoners George and Rosetta there, and Mrs. Ash—next day Imet George Bragger and said, "George, I want to speak to you; do you recollect my calling at the house yesterday afternoon?"—he said, "Yes, very well"—I said, "Did anything take place there after I left?"—he said, "Yes, there was, and very serious too; I should sooner have thought of hearing of Mr. Williams' death than he being out"—I said, "Who told you that he was out?"—he said Wiseman had just told him that he was out by the cab stand—I did not tell him the contrary, but said, "What was it took place?"—he said there was a tall man came in just after I left, as he thought a policeman; that he knew him personally, but not his name, that he lived opposite; that he asked for a pen and ink, and asked Mr. Williams some questions. Mr. Williams said he was ready to answer him any questions he thought proper, that some conversation took place between them, and he said he would not answer him any further; that the man then asked Williams to stand something to drink; Williams said no, he had got no money, neither did he want anything to drink; that he promised to lend him 1s., that they had some words together, thathe (George) went out and went over to the public-house to have a glass of half-and-half, that he was shortly afterwards called by Mrs. Ash, saying, if he did not come to Mr. Williams' assistance that man would kill him; that he went in and saw Mr. Williams on the ground; that the tall man struck and kicked him, and the blood was coming from his nose and mouth; that he hauled him off, and said he would not see Mr. Williams served like that, and he lifted him up and put him in a chair; that Mr. Williams said, "Oh dear, I am done, I am done!" and he did not hear him speak any more after—I asked if there was nothing said about Mr. Williams being ill used—hesaid no, he did not think there was—George Bragger was not apprehended on this charge.
Cross-examined by MR. CLARKSON. Q. Was Horstead present during any parr of this conversation? A. No.
Cross-examined by MR. BALLANTINE. Q. At the time you had this conversation with him, were you aware that Williams had been taken home by his wife? A. Yes, I had seen Williams that same morning—the conversation passed by many questions from me and answers by him—I took him to the office as a witness against the others—I asked him these questions with that view—he willingly answered every question I put to him—he was called as a witness, but was the worse for liquor, and gave his answers with impertinence—Mr. Ballantine was sitting at the time—it was the first examination.
ELIZABETH GERMAN . I am single, and live in High Shadwell. On Sunday morning, the 19th, about ten o'clock, I saw Mr. Williams at Nicholson's house, with Mrs. Williams, a seafaring man, Mary Ann Ash, and Rosetta Bragger—I saw he had a black eye—about half-past three in the afternoon, as I was going to callfor Mary Ann Ash, at Nicholson's, and she called me in at the Lamb—George Bragger and Nicholson were there—shortly after,
Mrs. Ash came and called some one to the assistance of Mr. Williams, as there was a man ill-using him—George Bragger went first, and I followed closely after him—when I got to the house I found Williams lying on the ground, and Horstead leaning over him—no one else was in the room—Mr. Williams had a little blood on his chin, and his upper lip was a little swollen—after George Bragger picked him up and put him on a chair, Williams said we would not have seen him ill used had we been there, and I said I would not—I have known him some time—I am not an unfortunate girl—I asked Mr. Williams who had struck him in that manner—he pointed to Horstead, and said that was the man that had done it—Horstead told him he owed him 2s.—Williams denied having two, and said it was but one—Mary Ann Ash came and ordered Horstead out, and he left the room—I told him he ought to be ashamed of himself to ill use Mr. Williams in the way he had, and he threatened to serve me the same—I bathed Mr. Williams's temples while he was sitting there, and I moved him into the kitchen—Horstead came in again after that—he was very tipsy—he showed a paper or letter which he either said Mr. Williams had ordered him to write, or had written himself—I saw some blood on Mr. Williams's shirt when I was bathing his temples—he complained of his head very much, and said he was going mad—I noticed that the fender was very much bent, as if some one had fallen on it.
Cross-examined by MR. CLARKSON. Q. I believe Horstead was standing over him, as if he was about to pick him up? A. Yes, he did not appear to me as if he was going to hit him—his hands were open—there was very little blood on Williams's face—nothing that denoted that he had been severely used that I could see.
GEORGE MUMFORD (police-constable K 207). I took Horstead into custody on Monday morning, 20th May, at his own lodging in Brunswick-place—I told him I wanted him to go along with me to the station, that he was charged with assaulting Mr. Williams—he said, "Very well, I will go with you, I know nothing about assaulting him, I recollect being called over on the Sunday by the old woman (meaning Rebecca Ash). I went inside the house, and some quarrel occurred, but who caused it I do not know. I was very badly treated myself. I received four or five blows about the head and face. I recollect seeing the old woman, and Mr. Williams and some other parties in the house, but who they were I do not know, I was very drunk at the time, if I had not been I should not have gone in."
WILLIAM LANE . I am one of the boys of Ratcliff-school, and live in Dorset-street, opposite the Railway. On Sunday afternoon, 19th May, about half-past three o'clock, I was under the Railway, very near Brunswick-place. I heard the smash of a window, which took me to a house in Brunswick-place, I do not know the number—I looked in at the window, and saw Horstead beating Mr. Williams, who was lying on the floor—Horstead had his fist up, and hit him, kicked him, and jumped on him—I saw him do that—the two female prisoners, another man, and an elderly woman were in the room at the time—I saw nobody touch him besides Horstead.
Cross-examined by MR. CLARKSON. Q. Had you ever been to Nicholson's before? A. No, I had never seen any of the persons before to my knowledge—I did not see Patteson there—I saw Mrs. Upton—I have seen Mrs. Ash since, and am sure she was one of the parties that was in the room—I did not see her go out to fetch Horstead—I did not go into the room, I looked in at the window—I guess the time to be about half-past three, or twenty-five minutes to four, because when I came from the George it was about a quarter past three, I heard a gentleman say so—Horstead was drunk—I was there about half an hour altogether—I cannot say how long I was looking in at the
window, it was a quarter of an hour or twenty minutes, if not more—I was standing about—a short man shut the shutters, I cannot swear who he was—the old woman went out backwards—there was no policeman there then—Mrs. Williams came after the shutters were shut—I was first examined as a witness at the Thames-police, and before the Coroner afterwards—my father took me to the Thames-police, on Whitsun Wednesday—they summoned him for my appearance—nobody examined me before I went there—I did not see any policeman in Brunswick-place till Mrs. Williams told me to go and fetch one, and when I was going I saw a policeman close behind me—I cannot say what policeman it was—I went away a little after to get my tea.
THOMAS PATTESON . I am a gas-fitter, and live at No. 4, Brunswick-place—on Sunday, 19th of May, about ten minutes to four, I was in No. 5, the adjoining house to Nicholson's, and heard a smash of a window—when I got to the door I heard the cries of murder in a man's voice, two or three times—I went and looked in at the window where the smash was, it was No. 6—I saw Mr. Williams lying on his back, and Horstead had hold of him—he was in a fustian coat—I knew him before—Mr. Williams had hold of him by his handkerchief, in the attitude of a scuffle—Horstead was standing over him—Mr. Williams said, "Do not murder me, let me go"—there was blood from each of their faces—I do not think I remained at the window above a minute and a half or two minutes.
Cross-examined. Q. Did you see Horstead strike Williams any blow? A. No, he was in the attitude of striking, but I did not see him strike.
DANIEL ROSS . I am a surgeon, and live in High-street, Shadwell—I was called to see the deceased on Sunday night, 19th May, about ten o'clock—he was sitting in an arm-chair in the kitchen quite insensible, his head inclining on his breast—I noticed his face more particularly on the following morning—I then noticed a bruise under the left eye, and a cut on the internal part of the lower lip—he was quite insensible then—at that time I saw no other marks—his face was swollen on the left side—I noticed a small quantity of blood on the front of his shirt—I visited him several times during the Monday, he was insensible the whole day—he died about eleven o'clock at night—assisted by Dr. Pereira, I made a post mortem examination—the external marks of violence were, a bruise under the lower part of the left eye, a cut on the internal part of the lower lip, and a bruise on the scrotum—we opened the head, and on reflecting the anterior part of the scalp, and examining as far as the orbit, we found no internal injury corresponding with the blow on the eye—the skull was then removed, and on cutting into the dura mater, a large quantity of dark coagulated blood oozed out—that was more particularly on the left side of the head—there was also a quantity of extravasated blood on the under surface of the anterior part of the left hemisphere of the brain—the escape of blood on the brain was the cause of death—that was caused, I should say, by external violence, a blow or a fall—a blow on the mouth which knocked him backwards with his head on the fender, causing a dent on the fender, might produce it—I should say the blow or fall on the Saturday night could not possibly have caused the effects produced—supposing the blow or fall on the Saturday night to have caused extravasation of blood, insensibility would have come on in a short space of time, I should say half an hour, but I cannot positively say—I should say that the blow had been inflicted a very short time before he complained that the pain in his head was making him mad, and his becoming insensible—I should say perhaps half an hour, or not so long.
Cross-examined. Q. Can you pronounce any opinion on such a question as that, with any degree of certainty whatever? A. I think I can—I found one bruise on the scrotum—I carefully examined internally, and found no
injury corresponding which could produce death, it was quite superficial—the blow that inflicted the injury on the lip might produce the extravasated blood on the brain—it was not a very severe cut—it had bled—there were, possibly, half-a-dozen drops of blood on his shirt, or more—I cannot positively say—if the man was in an excited state on the Saturday, I should say a slight blow or fall would be very likely to produce such appearances, as I saw—my opinion is, that the blow given on the Saturday had nothing to do with the cause of death—I found no mark on any part of his person that would denote he had fallen on a fender—if he had fallen with any violence on a fender I should have expected to find some external appearance—it is not necessary there should have been a wound—this was a case of compression, not concussion—we could not trace out which vessel it was that had been ruptured—there was a large quantity of blood extravasated—I cannot swear positively as to in how long or short a period the extravasated blood would make its appearance, but certainly within two hours, if the hemorrhage was going on—the only blow indicating violence to any extent was the one on the under lip—I think that blow might produce compression of the brain in a man of his age, with the vessels in a brittle state—he was fifty-eight years of age—at that period of life the vessels of the brain are more liable to give way—I was not in the least puzzled to find a cause for the extravasation—I cannot swear whether the violence was caused by a blow or fall—it was either one or the other—the shock from a blow or fall would cause the concussion and rupture of the vessels—when I say concussion, I mean the shaking—the shaking of the brain would account for the rupture—that might have happened from an accidental fall—even in temperate persons, the vessels are much more brittle in the decline of life—it would be more so with a person of intemperate habits—a blow then would be more likely to lead to compression, which would be followed by stupor and death.
JURY. Q. Is it not possible and exceedingly probable, that the excitement alone of a man being robbed, and drinking, would produce the appearances you found on the brain? A. It is possible, but not probable.
(Horstead received a good character.)
HORSTEAD— GUILTY of Manslaughter. —Strongly recommended to mercy.
Confined Two Months.
G. BRAGGER, M. A. ASH, and R. BRAGGER— NOT GUILTY .
NOT GUILTY .
Before Mr. Justice Williams.
MR. RYLAND conducted the Prosecution.
HENRY THURLOW . I am father of the deceased, Robert Harrison Thurlow. I saw him alive last at half-past six o'clock on Sunday evening, the 19th of May—I saw him on the Tuesday week following, dead—I recognised his person.
GEORGE CLARKE . I am a coach-maker. On Sunday the 19th of May I went with the deceased and another little boy to London-bridge—we got into a skiff there, near Fresh Wharf, on this side London-bridge—there were some steam-boats moored near there—there were thirteen persons in the skiff and two
rowers, fifteen in all—we were to pay 1d. each—the prisoner was one of the watermen, and seemed to have the management of the boat—we just started from the stairs, going down towards the Tower—the tide was running down rather strong—the boat had got into the stream—at the time we started there was a steam-boat started from Temple-pier, and the swell of the steamboat drove us against the Diamond steam-boat, which laid at the stairs landing her passengers—I saw the steam-boat on our right when we ran against the Diamond—it was the waves caused by the steamer from the Temple-pier drove us against the Diamond, I suppose, but I had not seen the steamer at Templepier—it might be the waves caused by the wind—a steam-boat had just passed through London-bridge—we just saw the hind part of it as we started—she left a swell behind her—she was going a different way to us—we got into her swell when our boat was pushed off, and it drove us against the Diamond, which was on the other side of us—when she fouled the Diamond, the prisoner called to the passengers to sit still—two females jumped up, and so did the other passengers, and made a spring from the boat, which forced the water into the boat—they sprang from the boat to get hold of the Diamond to save themselves, and they were all immersed in the water—I saw Thurlow on board just before it happened, and did not see him again till I was at the inquest.
Cross-examined by MR. WILDE. Q. Some of the passengers were young? A. Five or six of them were—I was never on the water before—the young persons were from eight to fourteen years old—others were grown up.
WILLIAM BARNES . I am the prisoner's brother-in-law, and was rowing the boat with him on the 19th of May—I do not know whether it was a licensed boat, it belonged to his father—the prisoner is a waterman—I do not know whether he is licensed—I cannot say how many persons were on board—as we were rowing out from the stairs, a steam-boat was going from Fishmongers'-pier, a dumb lighter laid against London-bridge wharf, then another boat, another dumb lighter, and the Diamond, which nearly occupied the navigation of the first arch, it was impossible for any steamer to go out with safety—the instant we struck against the steam-boat, my brother told them to sit still, but they all rose up—if they had sat still, no doubt they would all have been saved—had not the steam-boats been there the accident would not have happened—the current took all power from us, it took the boat away—the steam-boat coming from Fishmongers'-pier caused the swell, and took all power from us—it was about two yards from the bridge, and the distance of the bridge from our boat—the stern of the boat nearly touched the bridge—the steam-boat moved from the bridge at the time we moved—it left a great swell, which drove us against the Diamond—the navigation of the arch being stopped up made the swell the greater—the best waterman on the river could not have helped it.
Cross-examined. Q. What are you? A. A currier—I have been on the water many times, and two or three times in this boat—she was able to carry the persons if it had not been for this swell—they were not larger than eight grown-up persons—the boat went down from their rising up.
JAMES EDWARD CUTLER . I am beadle of the Watermen's Company—I have seen the boat in question—it was not licensed—if it had been it would have been licensed to hold four persons besides the waterman—it ought to have the number of persons for which it was licensed painted on a conspicuous part—it had not so—she was owned by the prisoner's father—the prisoner was apprenticed to his father, who is a licensed waterman, but had not a license for this boat—he would lawfully have charge of a boat as an apprentice.
Cross-examined. Q. You only presume the boat was not licensed by not
having a number on it? A. No, it was not—if the boat bad been licensed a number would have been given, which should be put on the boat—I have examined the books of the Company, and it is not licensed—he never had but one license—that was sixteen years ago, and for a wherry—there was a name on the back board of the boat—I saw the boat, turned bottom upwards, on the steps of the bridge, after the accident—I do not think it could carry more than four grown-up persons with safety—they carry more than they are licensed for sometimes without an accident.
DAVID CROMARTY . I am a constable of the Thames-police. On Sunday evening, the 19th of May, I was at Fresh Wharf, rather below bridge, and saw the defendant in a skiff, close to the stairs, with thirteen or fourteen children in the boat—he had the management of it—there was a number chalked on it, but not painted, and no owner's name—he shoved it out with the scull, not sitting down to row, and the rush of the tide through the arch drove her athwart the Diamond steam-boat's bow—I saw no swell—the boat was laying in the eddy—there were two or three standing up—it was not any swell caused it, it was the rushing of the tide through the arch—I had seen a steamer go up some time before—I did not see one move from Fishmongers'-pier—the tide carried her against the steamer that was moored—I succeeded in saving two children, and three more were dragged out.
Cross-examined. Q. This boat was close on shore at the time? A. Yes, about the middle of the arch—I thought the accident arose from the strength of the current coming through the arch, it took the boat suddenly.
WILLIAM BROOKS . I found the body of the deceased at the eastern entrance of the London Dock, on the Middlesex shore, thirty or forty feet from low water mark, on the 28th of May—I was present when the father saw it.
WILLIAM CROMARTY re-examined. There was a back board to the seat of the boat, with "Licensed to carry eight" on it, but she would not carry more than six safely—I should say, if she had not been near the steamer, she might have carried those thirteen young persons—I do not attribute the accident to the number of persons on board, but tothe strength of the current—if there had not been any in the boat she might have sunk just the same—I should say the accident was through his negligence—he ought to have known the danger of going in between the eddy and the tide—his negligence was pushing off in a standing position, instead of sitting down and taking the sculls—he was standing up, as well as one or two more—if he had been seated, and rowed her up, she could have gone clear of the steam-boat.
NOT GUILTY .
Before Mr. Baron Gurney.
1575. WILLIAM CURTIS, alias John Johnson , SARAH BENNETT , and LOUISA GROVES , were indicted for robbery on Azere Desire Le Boullenger, putting him in fear, and taking from his person 1 box, value 2d.; 5 sovereigns, 1 half-sovereign, 2 half-crowns, 22 shillings, 8 sixpences, and 3 groats; his monies; and immediately before, and at the time of the said robbery, cutting and wounding him in and upon his right hand.—2nd COUNT, for beating, striking, and using other personal violence to him, before and at the time of the said robbery; and that Curtis had been before convicted of felony.
AZERE DESIRE LE BOULLENGER (through an interpreter.) On the night of the 14th of May I was in a public-house in a large street; I do not recollect the name of it—I took a pint of beer there with a pint of gin in it—a
little girl asked me for alms—I gave her a penny—she thanked me several times—I took her by the hand and gave her a kiss on the cheek—she said she had got a sister who was very pretty, and wished me to go with her—I gave her 3d. at the door, and went along with her—it was from about half-past one to two o'clock—she conducted me to a house, where I saw the prisoner Groves—I saw nobody else then—she afterwards required 1s. for the room, and 2s. for herself—I told the little child that brought me to the place to go away—I did not perfectly understand, but I understood so much that they called for somebody—Bennett appeared, and asked me for 10s.—I refused to pay the 10s. because I had made an agreement to give 2s., and 1s. for the room—at that moment she opened the door and called some person to her assistance, and in came two men—Curtis is one of them—he laid hold of me by the lapelle of my coat, and tore it, and asked for 10s.—I said I should not give it him, because I had made an agreement to give 2s., and 1s. for the room—there were many blows struck between me and him—he struck first he struck me in the breast after that, and I fell backward by the blow which was given me through what appeared to be a pane of glass, but which was nothing but paper—if was part of a window—at that moment Bennett went out of the room, and fetched in a knife, which she gave into Curtis's hand—he made a blow towards me, and I put up my hand to save myself—the moment afterwards, Curtis put his band into my pocket, and drew out a box containing 5l. 10s. in gold, and from 32s. to 34s. in silver—the little child, who was in the room at the time, had mentioned that I had a box containing gold—nothing else was taken—my watch was not taken from me; the policeman found it on the floor—I received a wound on the wrist—Groves remained in the room all this time, but did nothing—I called the police, and the moment I did so Bennett put her hand across my mouth—I tried to make my escape into the street, and met a policeman in the passage.
WILLIAM BAKER (police-constable E 108.) On the night of the 14th of May I was in the Rookery, Church-street, St. Giles's, and heard a cry of "Police"—I went to No. 10, Church-street—I there law the prosecutor crying "Police," and bleeding very much in the passage—he complained of illusage and being robbed—talking French, I could not understand him, but he pointed out the room where he had been ill-treated—I went to it, and when I entered the room I saw there bad been a great deal of disturbance—I saw a quantity of blood on the floor—two panes of glass were broken—on coming out of the room, I picked up a goldwatch which he identified as being his, and I gave it into his possession—I did not find either of the prisoners in the house—I saw a bonnet hanging up in the room, and this cap also, which I had seen on Curtis's head ten minutes before the robbery was committed—I took particular notice of it—I had seen him standing on the steps of that house, in conversation with another man and Bennett—I took the prosecutor to the station, and in the morning sent for an interpreter—from the description he then gave, I suspected them to be the parties—I apprehended Groves in the same room last Friday night, three weeks after the robbery.
Curtis. Q. Why did not you take me into custody, when I have been at liberty a month since this happened? A. He was taken by one of the F constables on another case—I had seen him previous to that, but, from the description that was given to me, and knowing the whole parties, I expected to take them all together, knowing that Groves was keeping on the room; that was the reason I did not take never met you three doors from the house, and asked you and another man to go to a public-house to drink with me.
GEORGE WADDINGTON . I am gaoler of Clerkenwell Police-court. The three prisoners were in my custody on Wednesday last—Curtis was in No. 3 cell, and Bennett and Groves in No. 2—I was sitting in the room attached to the cells, and I heard Curtis first speak to Bennett, calling her Sal—he said he was glad Lou, that is one not in custody, had got off, for she had been to see him in the well, meaning Clerkenwell-prison—Bennett then directly called out "Nobby," (meaning Curtis,) "the swell says it was a black-handled knife, but that's a lie, it was a white-handled knife; he made a mistake there;" and she said, "Nobby, they have got your cap and Tom's"—he said directly, "Sal, did you say it was my cap?"—"No," said she, "I did not own that"—"Well, don't you," he said, "there is enough against me, old girl, I will try and get you girls off, for I am sure of being lagged; and it is no use all getting lagged; I will get you two off"—they both said, "Thank you."
Curtis. It is false. Did not Bennett say they had brought a knife up against me, that the prosecutor said it was a black-handled knife, and the policeman that it was a white-handled one? Witness. No—she said the prosecutor said it was a black-handled knife, but he was wrong, it was a white-handled one.
Bennett. I said they had brought a black-handled knife, and the policeman had brought a black-handled one as well.
GEORGE JOHN RESTIEAUX (police-constable E 49.) I apprehended Bennett last Monday morning, the 9th of June, in Three Pigeon-court, Clerkenwell—I told her I took her for the robbery of the Frenchman—she said she had nothing to do with it, Nobby did it in the yard—I know Curtis, and know he has gone by that nickname—I asked her where her sister was—she said she had not seen her for these three weeks—she said she was drinking at Hodgson's, that the Frenchman came in, and gave her a glass of ale, which belonged to another man, and then he took her little sitter to her room, and wanted to have to do with her.
Bennett I did not say Nobby had done it in the yard. Witness. You did.
Curtis's Defence. On the night the prosecutor states he was robbed, I passed up George-street into Church-lane, on my way home. I heard a noise in the passage; I had lived in the house a fortnight before this happened, and had moved three doors away. I went in, and a female told me there was a Frenchman had got Sarah Bennett's little sister, and wished * * * I instantly went to the room; Bennett said, "For God's sake go in, and get him out." I went in, and he was in the room with his trowsers down, and the little girl sitting on the bed crying. I asked what he was doing; she said he wanted * * * He said, "Me will pay the girl." I said, "You had better go out of the place, or I will fetch a policeman." The candle went out, and he went to the window, and smashed both his hands through it, and by that means I suppose he cut his hands. I laid hold of him by the throat, and said "Come out, I will show you the way." I took him down, and he stood on the step of the door, talking to me some moments. I told him to be off about his business, and he got off the pavement. I stood at the door about five minutes, and then went home and went to bed.
Bennett's Defence. I met with a friend, and went to a public-house; we had not been there two minutes before the Frenchman came in, took my sister outside, and gave her 1d. I was tipsy, and did not notice it. He gave her three halfpence more, and on coming out, I saw him near the bottom of Oxford-street, with my sister in his arms; when I got in-doors she was crying, and Curtis came in at the time.
former conviction, from Mr. Clark's office—(read)—I know him to be the person.
CURTIS— GUILTY .
BENNETT— GUILTY .
GROVES— NOT GUILTY .
JOHN BAPTIST TOUSANT LORIST . I keep a boot-shop, in Brownlow-street, Holborn. Last Saturday fortnight, before nine o'clock in the morning, I was in my passage, and saw a man run out of the shop-door, and run towards Holborn as fast as he could—he apparently had something under the left side of his coat—I followed him into Chancery-lane, crying, "Stop thief"—he there dropped three pairs of boots and ran on—I picked up the boots—a witness helped me—I then returned, and met the prisoner in custody—I said, "That is the man"—I am sure of him—these boots are mine.
WILLIAM KIMBLE . Last Saturday fortnight I was in Holborn, about twenty minutes to nine o'clock in the morning, and saw the prisoner running from Brownlow-street—there was a cry of "Stop thief," which he himself joined in—I saw him drop three pairs of boots—I picked one up, and gave it to the prosecutor.
Prisoner's Defence. I know nothing of the robbery; I followed with the mob; I did not halloo anything; the policeman came and took me; I asked what it was for; he said he would tell me presently, and the prosecutor came up and said I had stolen these boots.
(There were two other indictments against the prisoner.)
Before Mr. Justice Williams.
MR. DOANE conducted the Prosecution.
ELLEN SHEHAN . I am a widow, and live in Carrier-street, St. Giles's. The deceased, Catherine Shehan, was my daughter, and was twenty-seven years old—she lived in the same room with myself, two other daughters, a son, and the prisoner—we all slept in the same room—on Saturday night, between one and two o'clock, we were all in bed except Catherine—she came into the room where we were all in bed—she had taken enough—she said, "Mother, is any one out?"—I said, "No"—she said, "Is there no fire or candle light?"—I said, "Undress and get into bed, never mind"—she got angry, and began to talk—her brother said, "If you don't leave off talking and get into bed. I will put on my clothes and go out," which he did—she still kept on talking—the prisoner awoke up with the noise, and said, "Why don't you go to bed, and let us sleep?"—she spoke very roughly to him, and called him very ugly names—she went on with a deal of rough talk, and gave him a deal of sauce—he got out of bed, and they had a struggle on the floor—I got up, took her round the waist, and sat her down on the foot of the bed—I put my knee over her to pacify and keep her from talking—I had some difficulty to keep her down—she was violent and struggled, and while I had her down on my knee on the bed, the prisoner came and hit me on the knee with a stick—I sat on the bed, and she with me, and he hit her on the head once—her head
bled, but not a great deal—one of my daughters told him to throw away the stick, which he did, and went down stairs—my daughter complained of pains in her head that day—she stayed at home all Sunday and Monday—she did not get tipsy on Monday—no drink was brought to my house except a drop of beer, which I brought myself.
Cross-examined by MR. PAYNE. Q. Did she fall on the ground? A. I did not see it—she called him a son of a wh——I am sure he struck her with the stick—Johanna saw the first of it—she was in the room all the time.
JOHANNA SHEHAN . I am the daughter of the last witness. I was in bed on this Sunday morning between one and two o'clock—Catherine came in and awoke me by jawing at my mother—my brother got out of bed, and told her to go to sleep, and then he went away—the prisoner afterwards awoke up, and said, "Go to bed, and let us sleep"—she persisted in making a disturbance—she said it was not often she disturbed him, and he could go out the same as her brother did—she was still jawing him—what she said I do not know, but I saw him on the floor, and he struck her with his fist—she afterwards called him some very bad names—I did not see him strike her with the stick—I saw it in his hand—my sister desired him to put it down, and he did so and went out.
Cross-examined. Q. She was tipsy? A. Yes.
MARY SHEHAN . I am the sister of the deceased—I was awoke out of my sleep on this Sunday morning when Catherine came home—after my brother had gone out I heard the prisoner say, "Go into bed, and let us sleep"—I then fell asleep, and heard no more till I heard Catherine on the bed, saying, "O dear, O dear, what shall I do?"—I jumped out of bed, and saw the prisoner on the floor with the stick in his hand—I told him to put it down, and not hit her with it—he put it down, and walked out—after he was gone I saw her head bleeding—I did not hear her complain of her head that night—she did on Sunday and Monday—I was out on Tuesday—I saw her on Wednesday morning as I was going out with my basket—she was still kept in her bed—I was not present when she died, I saw her dead.
Cross-examined. Q. Was not the prisoner, generally speaking, a quiet sort of person? A. Yes—my sister was intoxicated, and was very abusive.
WILLIAM BENNETT . I am a surgeon, attached to the infirmary of the workhouse of this parish—I first saw the deceased on the Monday, between one and two, in her own room—she was perfectly sober—she was in a state of great prostration—I understood that she had received some blows on the Sunday morning, and that she had vomited large quantities of blood—I found considerable contusion round the left eye—the symptoms were principally those of stomach disease, and I treated her for hæmatemesis—I found a wound on the head which had been dressed—she never mentioned any head symptoms to me—she always directed my attention to the region about the stomach—her expression was that her heart was burst, which is a very common expression among that class of people—I saw hex on Tuesday—the symptoms were rather improved, but still the same—on the Wednesday I found her in a state of complete collapse, in fact evidently dying—she died within an hour after my seeing her—on the Friday following I made a post mortem examination—I found undoubted acute inflammation of the stomach—the head presented very slight appearances of congestion, nothing more than I should expect to find in almost all cases where no blow had been given—in my judgment the cause of death was acute inflammation of the stomach, occurring on a state of chronic inflammation—there was a large patch of coagulated blood on the stomach, from which part, no doubt, the blood which she vomited had come—in my judgment the blow on the head had nothing to
do with the cause of death—she would have died had she received no blow, the blow might have aggravated the symptoms to a slight degree, and I have no doubt it did, but in my opinion she would decidedly have died had she received no blow.
Cross-examined. Q. Were all the symptoms you saw before you made the post mortem examination, consistent with the existence of this acute inflammation of the stomach? A. Perfectly—the vomiting of blood I think referred to the old disease of the stomach, which was of long standing.
COURT. Q. Do you think she would have died as soon from the inflmmation of the stomach, if no blow had been given? A. I have recently had a case in which death occurred thirty hours after the attack of acute inflammation, and so it is quite possible—it is impossible for me to give a decided opinion—I do not think the blow contributed at all to the death, I attached no importance to it during life.
NOT GUILTY .
First Jury, before Mr. Recorder.
1578. HENRY PAGE BRYANT and THOMAS JOHNSON were indicted for burglariously breaking and entering the dwelling-house of William Wetherill Hartley, at St. George, Hanover-square, about ten in the night, with intent to steal; and that Bryant had been before convicted of felony.
WILLIAM GARLAND . I am a pork butcher, and live at No. 6, Queen-street, Pimlico. On Sunday evening, the 9th of June, about half-past nine or a quarter to ten o'clock, I was opposite my shop, and saw the prisoner and another go against Mr. Hartley's door, which is next to mine, and is in the parish of St. George, Hanover-square—Bryant knocked at Mr. Hartley's door twice, and put his ear down to listen both times—I thought they were friends of Mr. Hartley, and did not take any particular notice of them at the time—I then saw Bryant lay hold of the handle, and put his other hand down, as if trying the door, to see if it would open—that occupied about two minutes—they all three then walked away together—in about two minutes the two prisoners came back—Bryant took hold of the handle of the door, and opened it, he put Johnson in, and followed in himself, and shut the door after him—I said something to a person I was talking to, and went over with him, and knocked at Mr. Hartley's door—I told him to stand at the private door, and I would stand at the shop door—I knocked twice, the last time very loud—receiving no answer, I went to the private door, and knocked there—the lodgers came down—I spoke to them—they knocked at the parlour door, and said Mr. Hartley was not at home—I then stood between Hartley's shop door and my own, and had not been there two minutes before I saw the prisoners coming along my passage—they had climbed the wall between Mr. Hartley's passage and mine—I asked what business they had in that shop—Bryant said he had been to make water—I told him a grocer's shop was a devilish rum place, he had been there for some other purpose—he said, "Me, me, Sir, me?"—I said, "You"—I called another man, and told him to lay hold of that boy—I went to lay hold of Bryant—he ran away—I ran after him and brought him back, called a policeman, and gave him into custody—I afterwards came back with the police to Mr. Hartley's premises, and there saw a towel, a plate, and fork, lying on the ground—there are some rabbit-hutches in that part of the yard where they had got over, and they were broken down fresh, and two bricks on the wall had been partially removed—the top of the wall is protected by a piece of wood going across—I am sure the two persons I saw come out of my passage are the two persons that had entered the prosecutor's
shop—they had no way of getting to my premises, but by getting over the wall—I saw the policeman pick up a small crow-bar in the yard.
Cross-examined by MR. PRENDERGAST. Q. You have not carried on the trade of a pork butcher long, have you? A. All my life, off and on—I have been in my present shop four years and six months—I was in the police—I was dismissed because I refused to take a drunken and disorderly woman to the station—I was reported, and inspector Forbes said I was insolent to him—Mr. Lowrie said he would fine me a day's pay—I said I did not want to walk all day, and have no pay—I was taken to Scotland yard—Mr. Mayne asked me if I would submit to this allowance—I said no, and he said he had no other alternative but to dismiss me—I came into the police for taking one of the swell mob in the park—Mr. Justice Gazelee gave me five guineas for it, and the Grand Jury recommended me—I was a butcher at that time—I did not take Bryant on the spot—I had quite view enough of him to know him again—I was about twenty yards from him—he was taken about thirty or forty yards from the prosecutor's door—it was in the same street—there were a great many other persons in the street—I cannot say that I saw the faces of the men at Mr. Hartley's door—I was not a yard from my own door, when I saw them coming along my passage, and I went and met them at the private door—that was all the opportunity I had of observing their faces—it might not have been more than a quarter of a minute—Bryant ran about forty yards, and I after him—he said nothing when I took him—when he came out I said it was no use his running, I would catch him—I caught him, and brought him back—he did not deny being in Mr. Hartley's premises—they knocked at the door with the knuckles.
Cross-examined by MR. BALLANTINE. Q. I do not understand you to say you saw Johnson taken into custody? A. Yes, the man who was with me took him, directly he came out of the door—I did not lose sight of him at all.
WILLIAM WETHERILL HARTLEY . I am a grocer, and live at No.28, Grosvenor-row, Pimlico. I occupy the shop, parlour, kitchen and bed-room, and let the remainder of the house. On Sunday afternoon, about two o'clock, I went out—I fastened the parlour window and the door leading into the passage—I went out at the shop door, locked it after me and took the key with me—I returned a little after ten at night, put my key in the door, but found it had been unlocked, still I could not enter, it having been bolted at the top—I found my passage full of people who told me what had happened—I went into the yard and found the parlour window thrown open to the top—I saw a plate, towel, and fork in the yard—I had left them on a sideboard close to the window, inside—I found a box of safety lights on the counter—they were not mine—there was no crow-bar in the premises belonging to me.
Cross-examined by MR. PRENDERGAST. Q. How do you get from your house into the yard? A. I have a side door that goes out of the parlour into the passage, that I also locked before I went out, leaving the key inside in the lock—my lodgers go in and out at the private door—I found that door closed on my return—by going in at the private door you may get into the shop, but the door in the passage that leads into the parlour adjoining the shop was locked as I left it—I found nothing disturbed in the shop—I should not have known any one had been there had the door been as I had left it, and the box of safety lights being on the counter, and the plate, fork, and towel, being in the yard—one of my lodgers has been with me three years, and the other eight months—one is a policeman, and the other is a person named Ellis—there were no marks of violence on the shop door—it opens with a key.
WILLIAM PHELPS (police-constable B 107.) A little before ten o'clock I heard a cry of "Police," and came up—Garland had hold of the two prisoners, one in each hand, close to the prosecutor's house—he delivered them into my custody—I found a small crow-bar, with a plate, fork, and towel, in the yard.
Cross-examined. Q. You saw no marks of a crow-bar on the shop door? A. No.
MR. HARTLEY re-examined. I had used the towel, plate, and fork for my dinner that day, and put them into the window-seat, close to the window which was found open—there was another plate—I put one plate on the other, the knife and fork on the top of the plate, and threw the towel over them, and when I came home the towel, plate, and fork were in the middle of the yard.
Cross-examined. Q. A person wanting to get on the window seat would remove them? A. I thought they must have been dragged out with their coat tails as they were getting out, and to prevent their making a noise in breaking, they had put them down in the yard.
(The prisoners received good characters.)
BRYANT— GUILTY . Aged 20.— Confined Two Years.
JOHNSON— GUILTY. Aged 17.—Recommended to— Confined Three Months.
1579. THOMAS HUSSEY and HENRY ALFRED YOUNG were indicted for stealing, at St. Pancras, 1 coat, value 1l. 10s.; 1 hat, 1l.; 1 pair of shoes, 10s.; 4 spoons, 15s.; 1 1/2 lbs. weight of cigars, 15s.; 2 shells, 4d.; 12 half-crowns, 20 shillings, and 20 sixpences; the property of William Flowerday Silcock, in his dwelling-house.
WILLIAM FLOWERDAY SILCOCK . I keep the Neptune public-house, Somers-town, in the parish of St. Pancras. I know Young—he has been about my premises at times—he was employed by me one day seven or eight days before the 14th of May—he showed me some red glass buttons on cards about that time, either that day or the day after—Hussey is a stranger—on the morning of the 14th of May I went to bed between one and two o'clock—every thing was safe in my bar at that time, and the doors bolted—I was called up about seven next morning, went to the bar and missed 3l. of silver off the stove, about a pound and a half of cigars, a coat, hat, some teaspoons, spoons, a pair of shoes, and some shells—I have since seen the hat, three and two shells—these are them—two of the spoons are old fashioned and of different patterns—I have some at home which match them—the new one is marked with my initials, and I have others to match—I know the hat by the shape of it, by its fitting me, by the maker's name inside, and by having worn it.
Cross-examined by MR. PRENDERGAST. Q. I see your deposition is signed "William Silcock." A. Yes—I do not use the name of Flowerday—it is the name I was christened by—I always sign my name "William Silcock"—I have "W. F. S." on some spoons and silver tankards—Flowerday was my mother's maiden name—it is my name by reputation in the family.
Cross-examined by MR. MCMAHON. Q. Were the outer doors of your house bolted? A. Yes—my barman called me down in the morning—he was up before me, but not long—he came up to me directly—it is his duty to do all the business of the house before I get up—he is not here—here is only "W. S." on this spoon.
which he occupied till the 16th—Young called on him frequently while he was there, and went into his room—on the 16th of May, in consequence of what Mrs. Neale told me, I went into his room about half-past nine, and found the two prisoners and two females there—in consequence of which I told Hussey to leave—he was the last of the four that left the room—he said, "Mrs. Wilson, will you allow me to leave that bag?" pointing in the corner, "till I call in for it presently"—I said, "Yes, but I shall take it down stairs, for I never will let you into my room again"—I then pointed to the cupboard saying, "And that parcel also, I suppose?"—he said, "Yes, if you like"—I took it and followed him down stairs with the bag and parcel—I afterwards saw these spoons, the hat, and other articles tied in the handkerchief—I went to the station and gave information—the officer came back with me, and I delivered them to him—I had seen some red glass buttons in hit room on the 12th.
Cross-examined by MR. PRENDERGAST. Q. It was not Young's lodging, but Hussey's? A. Yes—I saw no property on Young—he said nothing—I turned him out first.
Cross-examined by MR. MCMAHON. Q. Did he sleep there with Hussey? A. Yes, at least he came with him—my lodgers are respectable people.
SARAH NEALE . I lodge at Mrs. Wilson's—Hussey occupied the room under mine—I have seen him in company with Young several times—on Tuesday morning, the 14th of May, I heard some persons enter Hussey's room about day-light, and in the course of the morning I saw the two prisoners looking out of their window—I heard them talking to themselves, something about getting over a brick wall, and what they should say when they got over the brick wall, but I did not understand what it was—I afterwards heard a great sound of silver—it seemed to me as though they were taking it up by handfuls.
Cross-examined by MR. PRENDERGAST. Q. What time was it you heard this? A. Between eleven and twelve in the day—I do not know whether they spoke of what they had done or were going to do, when they spoke about the brick wall—they had their heads out of their window, looking out into the back yard—I was looking out of my window above them—I did not speak to them—there is a very high brick wall at the back of our house—I do not know what brick wall they were speaking of—I could not understand whether it was a wall they had got over, or should get over—I do not know how the girls got in that were found there—I did not see them come—I heard them there, and informed Mrs. Wilson—that was on the morning of the 16th—my husband is a coachman.
Cross-examined by MR. MCMAHON. Q. Did you hear the footsteps of the two prisoners? A. I could not say whose footsteps they were—they went into Hussey's room—I heard no persons come up between that time and hearing them talking out of window—I was in the house all the time—I do not think any other persons could have come up and gone into their room without my hearing them.
WILLIAM POCOCK (police-constable F 81.) On the 16th of May I went to Mrs. Wilson's house, and received from her this hat, three silver tea-spoons, two shells, two packets of cigars, and a silk handkerchief—she described the prisoners to me—on the 25th of May Hussey was taken by another constable—on the 1st of June I apprehended Young in Clare-market—I told him what he was charged with—he said he knew nothing of Hussey further than his sleeping in his lodging one night.
Cross-examined by MR. PRENDERGAST. Q. Did you ask him about the glass buttons? A. No, he said nothing to me about them—he did at the police-court.
MR. SILCOCK (re-examined.) These articles are all mine—there is a brick wall at the back of my house—that gives access from the back yard of the next house, but all the back doors and windows were fastened, and had not been touched—I fancied some one must have been secreted in the house, and then have let themselves out at the door, which is fastened by three bolts—I believe Young has borne a good character up to this time—I know his mother and brother to be respectable.
(The prisoners received good characters.)
HUSSEY— GUILTY . Aged 17.
YOUNG— GUILTY >. Aged 17.
Recommended to mercy.— Confined Six Months.
MARGARET KELLY . I am the wife of Michael Kelly, a labourer, and live in Sun-court, Milton-street—in March last I lived in Pump-court, Golden-lane, On the 20th of May I was confined—on the Monday following, the 25th, the prisoner came to see me—I had a half-crown, a shilling, a sixpence, and the duplicate of a counterpane, on my table—the prisoner noticed them to me—I wanted to send for my mother to go to the pawnbroker's for the counterpane—the prisoner said she would bring it; that she was going with her husband's dinner to the Curtain-road, and the pawnbroker's was quite handy to it—I said I would rather not trouble her—she said she would go—she took up the money and ticket, and went—she never returned with the money or counterpane, but next day she gave the ticket to my little girl in the street—I did not persevere very hard against her taking it, as she was a neighbour, and thinking her an honest woman that would not take advantage of me—a fortnight afterwards I went to her, and asked her for the money—she said she had had the misfortune to spend it, and she had nothing to give me that Saturday night—she has never come to me with any since—I thought when she took it that she intended to take the counterpane out, but she told me she fell into some company, and spent the money.
NOT GUILTY .
OLD COURT.—Monday, June 17th, 1844.
Third Jury, before Edward Bullock, Esq.
NOT GUILTY .
Before Mr. Baron Gurney.
MESSRS. WILKINS and PARRY conducted the Prosecution.
JANE WORTHAM . I now reside in Gordon-street, Islington. On the 13th of October last, I resided in Gerard-street, Islington—I have one daughter, an only child, named Frances Louisa Wortham—on the 14th of October last, she was fourteen years and nine months old—she was born on Christmas eve—I am a widow—I have known the prisoner since June, 1840—he was lodging on the same terrace where we resided—he came to lodge with us about that time—between 1840 and 1842, when my husband died, the prisoner was intimate with our family—he boarded and lodged with us while my husband
lived, and was present when my husband died—I and my daughter were present—I do not remember anything especial that then occurred between my husband and the prisoner—when the prisoner came into the room my husband was unconscious of everything—he had said nothing previously to the prisoner, that I am aware of, in reference to myself—my husband told me the prisoner had said something to him—the prisoner said he would assist me as far as he could—I was aware before my husband's death that my daughter was to become entitled to some property—she became entitled to it six months after her father's death—the prisoner was perfectly aware of that fact—I have had conversations with him on the subject since my husband's death, and my husband has had conversation with him about it—it has been a matter of conversation between my family and the prisoner—after the death of Mr. Hawkins, the tenant for life, I consulted the defendant in reference to this property, in consequence of which he took the deed to Mr. Hammond, his solicitor—I showed him a copy of the settlement, and he took it to ascertain if the child was entitled to the property—this is the copy I gave him to take to Mr. Hammond—that was about the 23rd of January, 1843—I also showed him this letter about the 12th of October—(This was a letter from Christopher Pemberton to Mrs. Wortham, dated Cambridge, 11th October, 1843, advising her, as Mr. Wortham had not made a will, to apply to the Court of Chancery, as early as possible, to appoint her guardian to her daughter)—I also showed the prisoner this letter the day it arrived—(This was a letter to the same effect, from John Hawkins, dated 2nd October, 1843, accompanying an account of the rents of the estate from the 11th of October to the 11th of January, and showing an annual rental of 400l. odd.)—after giving him the copy of the deed, he told me Mr. Hammond would write to the trustees—after my husband's death my daughter was at school at Stockwell Common—the prisoner was occasionally in the habit of visiting her there with me—I was not aware of his doing so by himself—I showed him the letter which has been read on the 12th of October—I saw him on the morning of the 13th—I asked him if he had seen Mr. Hammond—he said, "No," but he would see him, as he wished the bill filed in Chancery—no further conversation took place that morning on that subject—the prisoner returned to Gerard-street in the afternoon, about half-past three—my daughter was then present—a servant of the landlady of the house was also present—I was going out when he came in—my daughter asked me if I would be home to tea—I said, "Yes"—I then went out—I returned between seven and eight, and my daughter was not there—I found the doors locked, and on opening the front dressing-room door, this note, in the prisoner's handwriting was on the table—(read—"My dearest Jane,—We are gone to Furnival's Inn.—Yours affectionately, dear Jane, WILLIAM")— he had never addressed me in that style before (Mr. Hammond's offices are in Furnival's Inn)—I waited their return till the morning—I then went to Mr. Hammond's—he was out of town—I saw his clerk—acting under the advice of my friends I took certain measures—I saw my daughter and the prisoner again on the 28th of March this year, at the station-house—the prisoner never, during the whole time I knew him, made any proposals of marriage to me in reference to my daughter—he never spoke of such a thing—I never consented to his taking my daughter away from Gerard-street, Islington, on the 13th of October—I received this letter in the envelope—it is in my daughter's handwriting. (This letter was an exact copy of one found in the prisoner's own handwriting at the time of his apprehension, see page 206.)
Cross-examined by MR. CLARKSON. Q. Mr. Wortham died in 1841? A. In 1842—my daughter will be sixteen years old next Christmas—I never heard her express herself in terms of affection or regard for Mr. Newenham—I
never saw any of his family—I have made no inquiries about him for the purpose of learning who he was—no one ever came to my house, nor any letters—I thought very favourably and very highly of him—I found him, both before and after my husband's death, a very stedfast friend to me and my family, when my relations would not say a word to me, and I believed him to be very much my friend—he left his furniture with me to save expense—I told him I did not want it; but he said, if it was not in my way, I surely would allow him to leave it there—I was in the habit of using it every day of my life—I had no place to put it, unless I used it—I had some furniture of my own, but not sufficient—the furniture I had was not bought from time to time by Mr. Newenham—it was in the house in which Mr. Wortham died—he never bought me any furniture—he might have added a few books to his own things, but be never purchased new furniture—when my husband died my circumstances were very much straitened—I was in a house at the time—I sold my furniture, and paid for the house and funeral—it was not to avoid an execution that Mr. Newenham advanced money for that purpose—there was a half-quarter's rent owing when Mr. Wortham died, and Mr. Newenham advanced the day after the funeral 5l. 10s. to pay the remainder, on purpose that my furniture should go out of the house to be sold, to defray the funeral expenses, in order that it might not be stopped by any process; but I still owed rent when I left the house—there was one chiffonnier and two arm-chairs belonging to Mr. Newenham, and a carpet, hearth-rug, fender, and window curtain; not carpets—there was only two rooms of his furniture—there was one hearth-rug and carpet, and so on, not hearth-rugs and carpets—there were crimson damask window curtains and muslin curtains hanging to the windows—those things are all perfectly safe—there were some cut glass lustres on the mantel-piece—Mr. Newenham bought them, and sent them in a few days before he went away—there was one picture and six tea-spoons—those were a present to me from Mr. Newenham—there were two table-spoons—I never saw any plated candlesticks—there was one bed-room candlestick—there was no double set of mahogany drawers, nor any linen or clothing—I have no linen of his—he has not furnished me with money to purchase my own personal linen—I have bought some dresses with money which he has given me—I was not in need of under linen—there was a piano-forte—he once advanced a small sum to my husband before his death, to help to pay the rent; and I think once after that he advanced about 1l.5s.—that is all I know was advanced, and that was paid again—I am quite sure that I never knew Mr. Newenham had any affection for my daughter—I wish I had known it—I have never said that he appeared to like my daughter better than me, nothing of the kind—my daughter was a child—I had no servant in October last—there was the servant belonging to the landlady of the house—I left my daughter alone with Mr. Newenham on the 13th of October, about half-past three o'clock in the afternoon, and returned between seven and eight—I certainly expected to find them there on my return—he had been there with me nearly all that day—he was in the habit of being with me almost the whole of every day—he was generally in the sitting-room—I had only been three days in Gerard-street, and he was putting the place to rights, putting the pictures up—there were pictures in the bed-room—he might have put some up in my bed-room—I never saw him in my bed-room, either in Gerard-street or any other bed-room, except he went in by himself—he was not there when I was—we were all in and out of the bed-room during the few days we were in Gerard-street—he was not in the habit of sitting with me in my bed-room there, or at other lodgings—I never saw him in my bed-room, except he asked to walk in there—he never sat in my bed-room—my daughter and I had no quarrel on the
morning of the day they went away—I was exceedingly angry with her—I took her by the shoulders and desired her to leave the room—I did not strike her, I swear that.
Q. Why, did not the prisoner, in endeavouring to save her from your violence, get his own face scratched? A. I never saw his face scratched by me; I never touched it—he asked me what was the matter, and I said he should not interfere between my child and me, I knew how to correct her, and I desired her to leave the room—she had said she would run away from school, if I placed her there again, for she was never well at that school—she did not say that I had insulted her by using harsh language to her, and calling her an idle wretch and a nasty hussy; that is not language I use to my child—I never used that language; nor did she say, "Mamma, you have insulted me by using gross names to me, and you have injured me by your personal violence"—the child never said that in my hearing, nor did she say, "I am resolved no longer to submit, and I now tell you I am determined to run away the moment I can do so"—she told me she would run away from school; that was all I heard, and I desired her to leave the room—she was not then at school, but I was going to place her there again—the quarrel was about that—she said she was never well there, and I said she should go—she had never tried to run away from home before—on the Sunday before the 13th I was in the street, and saw her get into Mr. Newenham's phaeton, and I desired her to go out and come home with me—she did not object to come home with me; she came directly, and readily—she did not, on the 13th, say, "Mamma, I am resolved no longer to submit, and I now tell you I am determined to run away the moment I can do so," nor did I say she might go when she liked, as I was determined no longer to follow her—I said, if she left any school I thought proper to place her in, I would not follow her—I think it was on the morning of the 13th that I remonstrated with her, or the day before—I think it was the day before—I think I could swear it was not on that day—I did not see Mr. Newenham from breakfast time till about one o'clock, and I know there was no quarrel then—it might have happened after one; I am sure I cannot say.
Q. Did not you say to Mr. Newenham, on putting on your bonnet and shawl, "I see all your attentions are directed to Fanny, I shall quit this house, and will not return to it again?" A. Oh, no; he knew I was coming back to my house—I never said any such thing; nor did I add, "I know that your intention is to marry Fanny, therefore only act honourably by her"—no such thing happened—I left the house, and said I would return to tea—the child followed me down stairs, and asked me, and I said I was coming back to tea—I was not very angry when I went out; I was hurt at the manner in which my child had acted towards me, and I knew who had made her act so—Mr. Newenham took her part, and therefore I suppose he had induced her to act in that manner, for she had never said she would run away from any place—he said I was harsh to her—I did not suppose then that he had induced her to act so, but I now know it was him—I did not know whether or not he would be there on my return; that would have been a matter of no consequence, so that my child was perfectly safe—I could not expect to find him there—he had his hat on when I left, and said he was going out again—I never had any conversation with my daughter, or Mr. Newenham, about any sum of money to be allowed to me—I never heard before my daughter left me, of a sum of 40l. a year to be allowed to me—I never expected it, or had any conversation with anybody about it—my husband was in difficulties before he died—I remember Mr. Newenham leaving for a time before he died—he used to
take his meals with us then—I did not say we should be obliged to him to return, for we had not the means of keeping the house without his assistance—we said we should be very happy if he would return, but we could have kept the house, by letting it to others—I am quite sure the prisoner did not pay my husband's funeral expenses, or advance the money for them—it was paid after Mr. Newenham sold my furniture—he came and rendered me an account, and I then told him to go and pay the funeral expenses—they were paid a fortnight after the funeral—before my marriage I had lived with Mrs. Shirley, a milliner in Fleet-street, as an assistant, and also with a Mrs. Smith—I was a milliner's assistant at the time of my marriage—I was assistant to Mr. Wortham, who was a linen-draper at Leamington—I was not one of his shopwomen, I was in the show-room.
Q. When did Mr. Newenham first begin to buy clothes for your daughter? A. Clothes, sir! he said he would advance me a little money to purchase a few things when my husband died, on purpose for her to go to school—he had not purchased any clothes for her before my husband's death—he bought her a muslin frock, to go to a dance in, while she was at Miss Towers' school, in the Barnsbury-road—that was a long time before her father's death—that is all he purchased—he did not buy her shoes, stockings, and gloves—he might have made her a pair of shoes, but he never purchased them—I know he can make shoes—he has made them in my house—her father bought her stockings—the prisoner did not furnish the money for them—he did not buy her a gold watch for which he gave 20l.—that gold watch was a present to the child in her father's life-time—he wished to present it to her—her father would not allow her to have it, and after his death he said he had his consent, and he gave it to her—I said I would not allow her to wear it, but he never purchased it—he told me he had had it for years—I think it was a gold watch—she has got it now—it was on her person the night they were apprehended—I did not see them apprehended—the watch was only lent to her on several occasions—since he has been away he has given it to her—the day they went, it was on the chimney-piece, and when I returned, it was gone—I have seen my daughter wear it repeatedly when she has been going out—she never went out alone with the prisoner—she might have done so once or twice, not often—twice before this—I cannot tell how often—she went out alone with him twice the week before he went away with her—she has not been out with him repeatedly alone—I am sure she has not twenty times, I may safely say, not during their whole acquaintance—the prisoner took a shawl of mine out of pawn that Mr. Wortham had pledged, as he thought I could sell it and get a little by it—I did not sell it—there were two taken out—I sold one—he furnished me with the means of taking it out of pawn—he also took my seals out of pawn—he did not take out a ring—I never had a ring in pledge, nor ever had any money lent on one—I never deposited a ring with a broker in the Barnsbury-road—my seals were there—there was no ring with them.
Q. Did not he furnish you with money to lend to an acquaintance of yours, named William Scott? A. Yes, he lent Mr. Scott half a sovereign—he was in distress, and came to me to help him—I had not the money, and borrowed it of the prisoner—at least he said he was sorry for him, and he would give him a half-sovereign, which he did, and said he wished he could give him more, but he could not—he gave me the half-sovereign to give to Mr. Scott—he did not lend it to me—Mr. Scott came to ask me if I thought Mr. Newenham could assist him, and I told him I was sure Mr. Newenham could not—Scott was my acquaintance—he might have lent me the money, but I understood that he gave it to Scott—I put it down with other
money I have borrowed of him. and would have paid Mr. Newenham—I have no wish that he should lose by a friend of mine—he has never given me an opportunity of repaying him—whilst I was living at Saunders's, in King Edward-street, he was in the habit of being with me every day—I went there in Feb., and left, I think, in June last year—I was not in the habit of going to places of public amusement with him—I went one evening to the theatre, I think the Surrey, at half-price—ray daughter was with us—that might have been a month or two before we left King Edward-street—we have also been to the Princess's Theatre with him—I could not recollect that at first, I have had so much trouble—I am sure those are the only two theatres I have been to with him—oh, yes, to the Haymarket—I know of no other place—I do not remember, after coming out of the Princess's, going with him and my daughter into a public-house, and having porter—I could not swear that did not take place—we might have done so—that is not an uncommon thing for any one to do, after sitting in a hot theatre—we might have gone from Swinton-street to the Surrey the night before last Christmas, and afterwards gone to Silcock's public-house, at the foot of Blackfriars-bridge, and had some porter—I took no gin there, I swear that—if I ever went into such a place with Mr. Newenham, it was at his request, to get a glass of porter—I was never with him at Mapp's public-house, near Hemingford-terrace, Copenhagen-fields—I will swear that—I know the house well, but I was never there—we used to get our porter there, when we lived in Hemingford-terrace—I was never in that house with any one, nor at Putt's, in Copenhagen-street, or Merrett's, in St. John-street-road, or at the Belvidere-tavern—I have never been with Mr. Newenham and my daughter to any of those places, except on the evening of coming out of the theatre—we were once at the Surrey, once at the Princess's, and once at the Haymarket—and I think at the Haymarket we never went anywhere, but came straight home—those were all the evenings I ever went into public-houses with him, if I did so all those evenings—Mr. Newenham was not in the habit of being with me every day, while I was living at Rose's, in Swinton-street—he was sometimes not there for weeks—I only had one room there, it was a bed-room and sitting-room—I was there two or three months—I think my daughter was with me all the time—he was in the habit of being with me and my daughter in that room—we had no other room to ask him in—I never knew him there as late as twelve o'clock at night—it might be ten, or half-past ten—when he had four miles to walk he did not like to stay so late—I have known him in the house as late as twelve or one in the morning, when he has been dining with the lady down stairs—that was in 1843, some months before he went away with my daughter—he was not in the habit of being with me in that one room at Rose's for hours together—he has come in to tea, and stayed to tea, and gone about half-past ten—he has come as early as four, and stayed till half-past ten, but not when my daughter has not been there—he has been there when my daughter has not been there I think once, when my daughter was visiting an aunt over the water—I have been country excursions with him in his phaeton—I never was at Ramsgate or Margate with him—we went through Cambridgeshire last June—we were out for a fortnight, not travelling all the while—we were a fortnight down at Walton in June, and in July we went again, and stayed till Sept.—we used to travel in his phaeton—my daughter used to sit next to him in the phaeton, and I on the other side of her—there was room for three—he sat on one side, and she in the middle—we were not travelling all the while from June to Sept.—Mr. Newenham paid the expenses—it was to save him from arrest that I went—he begged of us to go with him—he told me there were half a dozen executions out against him, and wished me and my daughter
to go with him, in order that he might avoid arrest—I was not in the habit of making my daughter perform any of the menial offices of the house—she assisted me—I am sorry I did not bring her up to work more than I have done—I was not in the habit of employing her to black-lead the stoves—she would sometimes do such a thing—she preferred doing it, and I let her do so while I was doing the other part of the room—it must have been done by one of us—she did not wash the floor—it was carpeted—I generally washed the floor while she did the other part—she might have done it—I really cannot recollect these sort of things—I never proposed to Mr. Newenham that she should go to boarding-school—he wished me to allow him to pay for her schooling, and I said I would not—that was some months, perhaps three months, after her father's death—she went to boarding-school about seven or eight months after her father's death—he paid for it—I allowed him to pay for her schooling with a perfect understanding that he should have it again as soon as I got the rents, when her property came.
Q. When will you undertake to swear either you, or anybody in your preence, ever spoke to Mr. Newenham about any property of your daughter's for the first time? A. I spoke to him about it at Mr. Hawkins' death, and we had repeatedly talked about it before then—I cannot say when for the first time—he knew that Mr. Hawkins was in ill health, and he often said it was not likely he could live long, and it was a pity the child should be so uneducated; and he hoped that instead of sending her to a house of business to learn dressmaking or millinery, I would allow him to send her to school, and I would not—the first time he made that proposition was perhaps three or four months after her father died—I had no means of keeping her—I must have gone into a situation myself—I was speaking of doing so, and of course intended to place the child in some safe place, when he begged of me to allow him to send her to school.
COURT. Q. Then there was no fortune till after Mr. Hawkins' death? A. No.
MR. CLARKSON. Q. Will you undertake to swear that you or anybody else in your presence ever spoke to Mr. Newenham about any property of hers at that time? A. No, I never heard any one—he knew it—I never represented to the keeper of the boarding-school that Mr. Newenham was my daughter's guardian—I have understood since that he represented himself so—I swear I never did—I never so represented to Miss Brown at Stockwell, nor anything to that effect—I told her he had been residing with us before Mr. Wortham's death—I did not treat about the school, it was Mr. Newenham that settled about it—I saw Miss Brown about it—I did not tell her that I could not engage until I had consulted Mr. Newenham, her guardian, or until I had consulted Mr. Newenham—I went with Mr. Newenham to ask the time the child was to go a few days after Mr. Newenham had seen Miss Brown, and then I went with him—I did not see Miss Brown before he did, or any other school-mistress, and represent that I could not engage with her till I had seen him—(looking at a letter)—this is my writing, and the fly-sheet is my daughter's—I do not know that my daughter wore a ring with Mr. Newenham's hair in it—she wore one with her own hair in it—I am sure it was not his—she told me it was her own, and I believed it, for it looked exactly like hers—I asked her to give it me, and she would not—I made no inquiry of her about it—Mr. Newenham gave it her before her property came—I do not know whether she prized it—she sometimes wore it—not frequently—I have seen her without it for weeks together—she never showed any attachment to it or to the prisoner—I never noticed any—I went and took the lodging in King Eward-street—Mr. Newenham went with me—he lent me the money until I could
get some—(now and then I had a little money)—that money is down in the book, and is not paid—how could it be?
Q. Now, did he not supply you with money to enable you to live in those lodgings from time to time? A. Yes, he did—he would not allow me to accept a little money from my own family—they wrote to say they would assist me, and he said, "Why should you put yourself under obligations to them when I can lend you without inconvenience, and you know you will get your daughter's money soon"—I have seen him with 200l. last summer—I had the charge of his pocket-book to take care of his money—I had nothing to do with his bankers' book—he had no banking account, I am sure, at that time—there were two banker's books, one of Sir John Paul's, and one of Latouche's, left among a lot of old books that were to be sold—they are now in the possession of Mr. Southie, my solicitor—I delivered them to him the other evening—Mr. Newenham used to be very often at my lodgings in King Edward-street—he was not there from morning till night—some days I did not see him till five o'clock—he used to come sometimes at one, two, and three o'clock—he never stayed later than half-past nine—he has never stayed till half-past twelve, except when we have been to the theatre, and then he would leave us at the door and go—he has gone to my daughter at Miss Brown's school, at Stockwell-common, with several parcels that I have sent to her—he has taken her to school and fetched her back—she left in June last—he fetched her home—nobody but him visited me or my daughter—I remember a proposition to take an excursion to the sea side in June—that was when we went to Cambridgeshire and Essex—the carriage was not bought new for the purpose—it was bought a month before—it was a one-horse phaeton—I do not know what it cost—we came home in July, and went again in the middle of July, and stayed till September—we all lived in the same apartments—before we set out I went with him and my daughter to Stevens and Merritt's, in Regent-street, and purchased some things—he lent me the money—we did not go from there to Willey's, on Ludgate-hill, for more clothes—I bought a dress at Willey's—he lent me the money—I did not buy anything for my daughter there—there were a few things bought for her at Stevens and Merritt's with money Mr. Newenham lent me—we did not expend 30l. on that occasion—the bill at Stevens and Merritt's was 7l.—I bought two mouslin de laine dresses, and two black scarfs—no linen—there was a little bit of ribbon and something—that is down in the book to be repaid to him—I remember going to stay a few days at Woodford with him at the end of September, and stopping for the night at Waltham Cross—my daughter, Mr. Newenham, and myself, slept in the same room that night, in a double-bedded room—there was no other in the house—I remember lodging at Mrs. Clump's, at Walton—our bed-rooms adjoined on that occasion—the door of one was not always open—it was always shut—it was never left open in the evening that I know of—there were two stair-cases to the rooms—I will swear that the door which adjoined his room was never left open—it was a small cottage, and there were only two rooms up-stairs—I used not to call him of a morning—he was generally up long before me—I have never gone into his room when he has been in bed, to call him—that I swear—I think during that tour my daughter went out twice alone with him in the phaeton—never more—she used not to ride on horseback with him—she has rode up and down the sands, and he has been walking by her side—I dare say on that occasion we went to Cambridge, Colchester, Walton, Sudbury, Waltham Abbey, Harwich, and all round the coast—we visited Harwich for a few hours.
Q. Now, since Mr. Wortham's death, has not Mr. Newenham's been almost
the only means of support both of yourself and daughter? A. He has assisted me since this property came—he did not support me and my child before this property came—he never offered to assist me, except during our stay at Peckham—we lodged there, and he assisted me there, but after that he did not—he has not advanced me money from the time of my husband's death—I had a 5l. note sent me by a gentleman now residing in Bristol, a very old friend of Mr. Wortham's, and I had 5l. from my own family in Edinburgh, and two sovereigns from the clergyman that attended Mr. Wortham in his last illness.
Q. Except that, have you not been entirely dependant upon Mr. Newenham? A. But I was not dependant upon Mr. Newenham until the property came—my subsistence did not depend upon him till the property came—I cannot tell how much money he has lent me altogether—I have got an account at home—he gave me a gold watch—I do not know whether it was a new one—he gave it me about a fortnight before he took the child away—I know Mrs. Culmer, of Lower-road, Islington—I told her that the prisoner was my brother-in-law—I never permitted my daughter to go to the theatre alone with Mr. Newenham—I do not remember it, it might have happened and I forget it—I never told a Mrs. Rose or Mrs. Orme that my daughter considered she was engaged to Mr. Newenham, or anything to that effect, or that she intended to marry him, and that her father on his death-bed said to the prisoner, "I suppose you do not think of Fanny, though she would make you a good wife"—I never said anything of the sort to either of them—the apprehension of the prisoner and my daughter was not the result of any stratagem arranged between myself and anybody else—there was no stratagem used at all—I knew where to find my daughter, because I was told where she was going to—I was there myself—I had the direction given to me by Mr. Southie—I was no party to any appointment being made with them for the purpose of having a professional arrangement of the property, and I am sure Mr. Southie never did any such thing—I never said I would make any such arrangement—it was done by me to know what my child's sentiments were—I did not know Mr. Newenham was in the house at the time—it was a house in Carlisle-street, Soho, where they were found—it was not in consequence of an appointment made to arrange the property and settle the matter—I never heard of any such thing—I knew that my child was to be seen that night—my attorney was to see her, by an appointment that was made with Mr. Newenham—I was not present when that appointment was made (looking at a letter)—I do not know whether I received this letter from my daughter whilst she was at the school at Stockwell—it is her writing—I could not swear that I received it—I think I did.
MR. WILKINS. Q. Did the prisoner render you that account? (producing one.) A. Yes, it is in his handwriting—it appears by this that be claims 30l. 6s.—that was at the sale of the goods on Mr. Wortham's death—he could not have paid himself that amount out of the sale—he makes out that he has given me presents and a great deal, and that is the amount he claims after all the things were sold, and Mr. Wortham's funeral expenses paid—when the prisoner first came to lodge with us, he paid 18l. a year—he did not board for that—he occupied a parlour and bed-room—he then left and came back again—he then said he only wanted one room—Mr. Wortham said he thought 10l. a year would not be too much, but he only paid 8l.—he had a bed-room up stairs, and his furniture was put in the sitting-room—he had the entire use of the house—he always had a sitting-room to sit in, either the use of my room, or the room the furniture was in—he dined with us on Sunday—Mr. Wortham said he thought 2s. was not too much for that, but he paid 1s.
Q. How soon after he came to live with you did he ascertain that your daughter was expecting this property? A. He knew on the death of her father that she would be entitled to it—Mr. Wortham had talked of it previously, and said he hoped he should live to enjoy it—the prisoner had unfurnished apartments at our house—he left his furniture with me because he had nowhere else to put it without expense—it was to oblige him—it is now in Gerard-street, locked up in a room for him whenever he choses to come for it—my daughter was thirteen years and a half old when my husband died—the prisoner has said he was my age—he told me so when he first came to reside in my house—I had told him my age—I am now thirty-eight—I never, either in his presence or elsewhere, heard my husband express the most distant idea of his being my daughter's husband—I never dreamt of such a thing.
Q. How does it happen you went these journeys with him? A. He came home one evening and said he was arrested, and begged of the child and me to leave London with him—we had been down to Walton, and be begged of us to go back there again for a short time until he could get over this difficulty—when we went to the inn at Waltham-cross I asked for two bed-rooms, the chambermaid said there was only one double-bedded room in the house—it was dusk, and I had never been there before—I told Mr. Newenham of the circumstance, and he said he would see if he could not get a bed in the place—he returned in about a quarter of an hour, and said he could not—I said it was unkind of him to bring us about twelve miles out of town, for when we set out our intention was only to go to Hornsey, but he drove us on to Waltham—he asked if I doubted his honour, and that if he laid down on the bed with his clothes on we should be perfectly safe, and he would be off in the morning to see if he could get a lodging—he went out of town to hide himself from the persons that were after him—I received this letter from him a fortnight after he abducted my daughter—it is his writing—(read.)
"The expressions contained in your letter are not so well applied as you imagine—a soft answer turneth away wrath. I think now that I shall be more enabled to protect your interest than in the doubtful capacity I once occupied. My dearest Jane, I shall not reproach you, nor shall I try to wound your feelings, although you have no regard to mine; but time alone will show whether I am the character you wish to represent me. Your coloring is odious, but false. I feel a real regard and esteem for you, and I most sincerely wish the time will soon arrive when it will be in my power to show it. Your affectionate WILLIAM. "
Q. Had the prisoner ever made any overtures of love or marriage to you? —A. Yes, he spoke of marriage a very short time after Mr. Wortham's death—I refused his overtures—I told him we could never be happy together, his disposition was different to mine, and it was my intention to go to Scotland, and we never said any thing more about it—I often said that I regarded him in the light of a brother—he once bought my daughter a muslin frock—that was a long time before her father's death—she was then perhaps twelve years old and a few months—it was after he knew my daughter would be possessed of this property that he took my seals out of pawn, and advanced me money—I never was at the Belvidere-tavern in my life—I know it very well—after my husband's death I kept no servant, and my daughter assisted me, but I did the burden of the work—our journey into the country was after I had shown him the copy of the settlement—they let out ponies and donkeys at Walton—I do not think my daughter ever rode up and down the sands there, it was merely up and down in front of the little street we lived in—after ray husband's death I took in needlework for my subsistence, and used to go out
to work as well—Mr. Southie knew nothing about the policeman going to take my daughter and the prisoner into custody.
COURT. Q. Had you published any advertisement of their going away? A. I took a letter for Mr. Newenham, and left it at the Gloucester coffee-house for him—I did not know where to address it except there, and the letter last read was in answer to it.
HENRY HAMMOND . I am a solicitor, and have offices at 16, Furnival's-inn. I have known the defendant since some years prior to 1834—in Jan., last year, he brought me this copy of a settlement, under which the young lady is entitled to the rents of the estate, which appear to be a little more than 400l. a year, a moiety of that at present, the other moiety at the death of the present tenant for life, who is an aged person.
GEORGE DANN . I did live in Vine-street, Pimlico. I now live in Albion-place, Hyde-park-square, and am clerk to a solicitor. I have known the prisoner twelve or thirteen years—in the early part of last year he called on me—he said he had been left guardian to an infant girl—I understood from him that she was between twelve and thirteen years of age—he said she had some considerable, property, which she took under a settlement—I am quite sure he said he was appointed guardian—I saw him again in October last—he said, "I have been to Gretna Green and got married"—I said "Well, to whom, and how old is she?"—after some conversation regarding her age, I said "Surely it is not the girl you mentioned to me some months ago"—he said, "Yes it is"—he said she had a mother—I had heard previously that she had no father.
ESTHER DENNING . I am servant to the landlady of 39, Gerard-street, Islington, where Mrs. Wortham and her daughter resided in Oct. last. They came on the Friday, two or three days before the 13th of Oct.—in the afternoon of the 13th, the prisoner, Mrs. Wortham, and her daughter were together in Mrs. Wortham's apartments—Mrs. Wortham went out, and left the prisoner and Miss Wortham together—I never saw them again.
Cross-examined by MR. BODKIN. Q. Were you in the room with them just before Mrs. Wortham left the house? A. No—I know of no quarrel taking place between any of them that day—I was not in the room at all—all I know is, that Mrs. Wortham went out first, and afterwards Miss Wortham and the prisoner—I have seen Miss Wortham here to-day.
MR. HAMMOND (re-examined.) I know the prisoner's handwriting—this letter is his writing—(read.)
"Mrs. Wortham, 39, Gerard-street, Islington.—In this instance to call you my dear beloved mother would be more than I could do. It was not my intention to have addressed you again until all matters were settled by the attorneys engaged in our affairs; but the uncalled for insult you have offered me by your scandalous advertisement, demands the remarks I make. What feeling can you have to proclaim (as you wish and intend) my supposed shame and dishonour to the world, as if I were a harlot? Am I not now a married woman? Our union took place within 40 hours after I left the house, where I spent the last few previous days in real wretchedness and misery. My marriage certificate I have in my possession. Have you no shame left, no regard for the virtuous character of an only daughter? My poor dear father, alas! now no more, often said your heart was one of adamant. I was then too young to know how truly he spoke—time has shown me his sentence was right—the deep and lasting disgrace you have put upon me shall never be effaced from my memory, but am willing to attribute your conduct to your ungovernable temper, goaded on by an unprincipled low-bred attorney, of the name of Hammond, who has no other object in view than to rob either you or my
property, Mr. Pemberton declares he was an unfit person for him to communicate with; all the man's business lies among a set of Hampstead omnibus drivers, stage-coach proprietors, and butchers. Had you employed Mr. J. Hawkins there would have been respectability on your solicitor's side as well as a friendly feeling. Your obtaining an order to prevent the cohabitation of my husband and myself was perfectly ridiculous, also illegal; and you may rest assured, though the Vice-Chancellor has heard your story, mine, accompanied by affidavits, stating many particulars of your private conduct (your cruelty to me shall not be forgotten,) will most materially alter his judgment; it is not necessary for me to allude more circumstantially to what I mean. Every inducement which I could hold out to you has been tried in vain to prevent your bringing ruin on yourself as well as misery to me. You were always deaf to every argument which was founded on reason; the narrowness of your education shows itself. Had my friends been consulted by you they would have told you no good could possibly result from your proceedings. My husband, thank God, is quite independent of my property—(you have experienced his bounty and generosity too freely; this is the return he meets with from an ungrateful woman;) we shall, therefore, let mine accumulate until I am of age, and then, in spite of you and your dishonest cunning attorney, we shall come into quiet possession of Connington. I trust you are not carrying on the intrigue my dear father had such cause to complain of; and so satisfied was he of your guilt, that he threatened to leave you, and most certainly would have kicked that fellow (for whom you professed such love) down stairs; he went by the name of M'Donald. In a few days I shall be far distant from you, quite out of the reach of those myrmidons as well as yours. You may probably hear from me after the birth of my child, which event I expect in about four months. One of my sisters-in-law, I am happy to say, will be with me during my confinement. In again alluding to your advertisement,—the morning it appeared it was placed in our hands; we smiled contemptuously at the puny efforts of you and your treacherous abettor, the snake in the grass. Our secret is in the hands of a friend who will not, betray us for so small a sum. He tells us we were worth at least 100l. Increase your reward to that sum, we may then talk to that devil incarnate your attorney; the reward of 10l., he said, bespeaks the littleness of his mind. I was not aware my nose was aquiline until the public papers told me of the fact; a phrenologist says (to whom I have shown it in order to satisfy you) it does not even approach such a designation. In your next public announcement state some more decidedly conspicuous or hidden features by which so young a wife as I am may be known. You are well versed in English history, and can easily call to mind what raised What Tyler's rebellion in the reign of Richard. It will not be difficult for you to understand the difference between a chesnut horse and a horse chesnut. My husband at present walks with his hands behind him, wears gloves, and no neckcloth. You said his hands were in his pockets (why not in that of other people? but that would be libellous, your hands have been rather deep in those pockets of my dear William,) "no gloves," Scotch blunder! how could people tell whether he had gloves or not, if his hands were always concealed? What a heartless mother, to use her best and well-directed endeavours to have her daughter's husband immured within the walls of a prison, the very man who saved you from the fate my poor dear father said you wished him to meet with. There is no doubt your desire was to see me there also; you would have had your wishes, for had he gone there I never would have forsaken him; gratitude, (you do not understand the term,) if no other feeling influenced me, would have prompted me to follow him to the miserable abode you wished to consign him to. In the
name of God what injury have either of us done you. In a few years I would have been my own mistress, and, beyond all doubt, would then have taken the step I did on the 15th Oct. I have the same natural rights to choose a husband for myself as you had; you were four or five years older at that period than I am now; there is all the difference. Jealousy prompts you on. It is true you begged of my dear William to marry you, but it is not usual for such a question to proceed from the lady. You have taken a step you can never recall. The time may come when I can call you as you ought to have been to me—a dear mother.
March 11th, 1844. (Signed) FRANCES LOUISA NEWENHAM. "
GUILTY . Aged 34.— Confined Two Years.
NOT GUILTY .
1584. EDWARD YOUNGMAN COTTON was indicted for stealing, at St. Margaret, Westminster, 1 decanter, value 7s.; 1 wine-glass, 1s.; 1 butter-dish, 1s.; 2 plates, 2s.; 4 cloths, 2s.; 1 bag, 2d.; 1 night-shade, 2 double sovereigns, 4 seven-shilling pieces, 14 sovereigns, 5 half-sovereigns, 9 shillings, and 5 5l. Bank notes; the property of Edward Driver, his master, in his dwelling-house: and HENRIETTA SHARPE , for feloniously receiving part of the said property, well knowing it to have been stolen; against the Statute, &c.
MESSRS. CLARKSON, BODKIN, and DOANE, conducted the Prosecution.
MRS. ANN DRIVER . I am the wife of Edward Driver, of Richmond-buildings. The prisoner Cotton was our footman—Sharpe was six or seven months in our service, as housemaid—she quitted in September, last year—on the 4th of May we left the house, for the purpose of going into the country—Cotton went with the carriage to the terminus of the railway, about half-past five o'clock—he returned with the carriage to the house, as far as I know, and was to remain at home till our return on the Tuesday morning—he had been with us three years last March—down to the time of our leaving London, he had not given the slightest intimation of quitting our service—there had been no quarrelling or anger, or anything of that sort—I was in the habit of keeping small sums of money occasionally, 2l. or 3l., in the my writing-desk, in the drawing-room—on the Tuesday before this Saturday I went to my desk for some money, for a soda-water bill, and gave it to Cotton—he saw me go there—I kept a memorandum-book in the same desk, and there was one sovereign wrapped in a piece of paper, with the word, "Baby" written on it—I returned with Mr. Driver on the Monday night—I saw a box in which he kept his duplicate keys—he brought it into my room, where I was sitting—I went to my writing-desk on the Tuesday—I found the lock apparently as I had left it, but on opening it I found all that had been in it misplaced—I missed the sovereign I have mentioned—the spirit bottles were kept in the sideboard cupboard in the drawing-room.
Sharpe. Q. Was I honest while with you? A. You bore a good character.
Cotton. Q. You had a very good character with me? A. An excellent one.
MR. GEORGE NEALE DRIVER . I am in partnership with my brother, Edward Driver—I reside at Lambeth—the offices are in Parliament-street. On Monday, the 6th of May, in consequence of information, I went to the offices,
a little after eight o'clock in the morning, and found the butler's pantry had been on fire to a considerable extent—I found these papers, with my brother's handwriting on them, on one of the drawers of a dresser in the pantry—I also found this receipt—they appear to have suffered very materially' from the fire.
EDWARD DRIVER . On Saturday, the 4th of May, I left town with Mrs. Driver—I returned on Monday, about nine o'clock in the evening—I was sent for express—I got to my office about nine—when I went out of town these papers were left in a canvas bag, in a drawer in my library—on Monday night I went to that drawer before I went to bed, and missed that canvas bag, and all the money that was in it—there were five 5l. Bank of England notes, several sovereigns and half-sovereigns, and a few shillings, making together 16l. 13s. in money, besides the Bank notes, two double sovereigns, nine golden guineas, four seven-shilling pieces, and these papers—these notes of hand, of trifling sums I had advanced to persons, were in the same bag, and had been for years—I left that drawer in the library, also locked—I could not discover any difference in it on the Monday—I unlocked it as usual—I keep a mahogany box in my room, in which I have duplicate keys of the drawers—I examined that next morning, I think—it presented the appearance of security in which I had left it at first, but, on turning it round, I found the bottom falling out, and the interior of it entirely dismantled and destroyed—it had in it, among other keys, a key which would open the drawer where the money was—on looking into the mahogany box, I found this small piece of paper, marked "Baby"—this is the box—it is all broken to pieces—I had not the least idea of Cotton leaving my service—I did not find him there when I returned to town—I found the pantry very much burnt, and all the woodwork in it entirely charred—the window burned out, and the door burnt—there was an iron bedstead in his room, with no hangings—there were no window curtains in the room—I saw no more of him till I found him in the custody of the police—I have a memorandum-book here which was found by Mrs. Driver, with this little paper, in the mahogany key-box.
COURT. Q. Was there any fire kept in the pantry at that time? A. No—it was hot weather—there was only a stove to air the house—there had not been any fire.
FANNY MEDLICOTT . I keep a lodging-house, No. 6, Dean-street, Westminster. The prisoners came together to lodge at my house some time in January last—they lived together as man and wife, and occupied the same room—Cotton was not always there at night—he was sometimes—Sharpe. lived there constantly from January, and he came backwards and forwards—on Monday morning, the 6th of May, I was disturbed, about half-past three o'clock, as near as I can tell—it was about day-break, I think—I did not get out of bed to see—I heard a knock at the door, and heard Sharpe go down—she said, "Is that you, Edward?"—Cotton replied, "Yes, dear"—I knew his voice—she let him in, and they went into their room—he carat down a little after six in the morning, and went for a cab, returned with it, and both went away in it; but, before they went, Sharpe came down and paid me the rent, and said she was going into the country for a day or two—she returned next evening about nine o'clock, alone, and said she was going to quit the apartment next morning—she staid that night, and left about half-past six next morning, and took her things away with her.
ROBERT PRIEST . I am a cab-driver, and live in Great Smith-street, Westminster. On the morning of the 6th of May, about twenty-five minutes to seven o'clock, Cotton came to me at Palace-yard, and hired my cab—he took me to No. 6, Dean-street—he and Sharpe got into my cab there, and I took them to the Swan at Bromley, in Kent—we got there at half-past eight.
TAPLEY SIMMONDS . I keep a public-house on Pennington-heath, near Maidstone. On Monday, the 6th of May, between two and three o'clock in the afternoon, the two prisoners came there in a one-horse conveyance—Sharpe went away again on Tuesday, saying she was going to London for a few things she had left behind—she returned on Wednesday afternoon, in a cart containing property, among other things some baskets which contained a decanter, a wine-glass, a night-shade, a butter-dish and plate, finger-glass, and fruit-plate—on Thursday Pearce came and took them into custody.
NICHOLAS PEARCE (police-inspector.) On the 9th of May I went with Thornton to Pennington-heath, to Simmonds's house—I took Cotton, and asked his name—he said, "Youngman "—I told him I was a police-officer from London, and asked if he meant to tell me that was his name—he said, "Yes "—I asked if he had lived servant with Mr. Driver, of Parliament-street—he said, No, he never knew him—I told him I should take him into custody for breaking open boxes in that gentleman's house, robbing him, and setting fire to the house—he said, "I know nothing about it"—I found a key on him—on the following day, at the station, I saw Sharpe—she was taken by another officer—I showed her three 7s. pieces that were produced by Thornton, and asked how she came by them—she said Edward had given them to her—Cotton was not present then—I asked her when—she said, "Last evening "—I asked if anything was said about them—she said, "He told me he would tell me about them in a day or two."
STEPHEN THORNTON (police-sergeant A 26.) I accompanied Pearce to Pennington-heath—Sharpe was in bed—she was desired to get up and dress herself—I remained on the landing, on the threshold of the door—I saw her with her pocket in her hand—I took possession of it—she said, "I hope you are not going to take my pocket "—I said I should—she said, "There is nothing in the pocket but what belongs to me "—I said, "If there is not, it will be given up to you again "—I opened it, and in a purse in it I found a sovereign, some silver, and some other gold, which I did not take notice of till next morning—I then found it consisted of three 7s. pieces, wrapped up in this paper, a sovereign, and 4s. 6d. in silver—I searched some boxes in the same room, and found them to contain some cloths—I did not bring them away till the following Thursday, the 16th—I saw some of them—they had the name of "Driver "on them.
Cotton. They are not all marked; those that are marked are Mr. Driver's, but not the others. Witness. Here are four marked with Mr. Driver's name.
MRS. DRIVER re-examined. This is the piece of paper which was wrapped round the sovereign in my writing-case—this is my memorandum-book, which was in the same place—these cloths are mine, and are my own marking—I believe the decanter and other articles to be ours—we lost a decanter of that pattern.
MARGARET WEALE . I was cook in the service of Mr. Driver. On the 4th of May the family went to the railway, and Cotton accompanied them to the station—he came home about six o'clock that evening—he went out soon after, and returned about half-past ten—I saw no more of him till Sunday night, when I let him in, a little after ten—he went into his pantry, and fetched the lamp, lit it, and took it into the pantry again—it was his sleeping-room—it was a glass lamp—he came in and had his supper, after he had lighted the lamp, and then went into the pantry, as I supposed to bed—next morning I came down, about half-past seven—I observed a smoke on the kitchen stairs, and found a fire burning in the pantry—an alarm was given—I opened the door to the coachman—we were alarmed about Cotton—we thought he might be inside, and burnt—we broke open the door, and he was not there—I saw the coachman try to open the door without breaking, but
he could not—he had to use force—I found that the woodwork was charred, as has been described—there were no hangings to the bed or the window—I had seen no fire in the stove lately before.
Cotton's Defence. Three weeks or a month before I went away from my place, my master and mistress went to an evening party; when he came home he went to the sideboard, got one of the glasses off the liquor-stand, and emptied all the brandy that was in it; I took it down to wash in the pantry, and there it remained ever since, in the cupboard nearest the window—when I went into the pantry I took the glass off the lamp, and lighted the gas which is alight every night when I am at home, and it is never turned off from the meter. About twelve o'clock I lighted a fire in the pantry; I left the glass off the lamp; I did not happen to put it on again. When I went out in the evening I locked the pantry door, so that nobody should go in to take the plate; I cannot say whether I put out the light or not; I had had a little drop to drink; I went out about half-past one; and the reason I did not return was, I missed two or three spoons, and was afraid to go back, as I knew I should have to replace them, and I could not afford that. I took these cloths to this young woman with my dirty things; I meant to have taken them back; the decanter I took with a pint and a-half of gin, as she was not very well; the lamp I took as she said she was very poorly of a night, with a pint of oil to burn, in case she should be taken ill; I meant to take it back as soon as she got better; I took some dripping in the butter-dish; the glass I bought for 4d., and the wine-glass I took with the decanter, because we had not one then; the robbery I know nothing about; I have had the 7s. pieces some time, and I gave them to her; she knew nothing about it; I went to her place, and asked if she had a mind to go into the country with me for a little while; she said no twice, and then she said she would go; I lived with Mr. Driver's mother two years before I lived with him, and she can give me a very good character.
Sharpe's Defence. I received the 7s. pieces from my husband.
COTTON— GUILTY . Aged 27. — Transported for Ten Years.
SHARPE— NOT GUILTY .
1585. EDWARD YOUNGMAN COTTON was again indicted with STEPHEN CHANDLER , for stealing 6 spoons, value 2l. 7s. 6d.; I pepperbox, 14s.; 1 butter-knife, 1s.; 1 skewer, 12s.; 2 pair of boots, 1l.; 2 plates, 3s.; 2 wine glasses, 2s.; 12 napkins, 6s.; and 7 guineas, the property of Edward Driver, the master of Cotton.
ANDREW SHAW . I am groom in the service of Mr. Edward Driver. I know Chandler, and have seen him in company with Cotton—the first time is more than three or four months ago—I have seen them a great many times together in the pantry—after the fire I was engaged in sifting the refuse out of the pantry—I afterwards found a pair of breeches which had been worn by Cotton, and in the pocket I found some duplicates which I took to my master, who gave them to the officer.
Cross-examined by MR. O'BRIEN. Q. Do not you know that Chandler had been employed by Cotton to assist him in his work? A. No, I do not, I never saw him assisting him, I will swear—I cannot say when I first saw him at master's house.
GEORGE PHILLIPS . I am in the service of Mr. Ravenor, pawnbroker, Tothill-street. Chandler pledged a silver marrow-spoon for 5s., and said it belonged to a brother of his—on the 1st of Feb. he pawned a silver tablespoon
for 3s.; on the 14th, two table-spoons for 16s.; on the 10th, a pair of Wellington boots—he said he pawned them all from his brother—I find four duplicates corresponding with mine among those produced.
JAMES BASTER . I am also shopman to Mr. Ravenor. Chandler was in the habit of pawning with us—on the 27th of Jan. he pawned a silver skewer for 12s. in the name of Stephen Chandler, Crown-street, for his brother—on the same day he pawned a silver pepper-castor for 7s. for his brother—on the 13th of Feb. a pair of silvertable-spoons, a butter-knife, a salt-spoon, and a caddy-spoon, all silver, for 22s.—I produce a marrow-spoon, and a table-spoon which my fellow-shopman took in—the duplicate relating to them is among the rest, it is in the name of Stephen Chandler—among the eleven duplicates produced are three corresponding with what I took in.
NICHOLAS PEARCE . I am inspector of the A division of police. I apprehended Chandler, at Guildford, Surrey, on Thursday, the 22nd of May—I told him I took him for being concerned with Cotton in robbing the house of Mr. Driver, in Parliament-street, and setting fire to it—he said, "I have not been in his company"—I brought him to London, and, in consequence of what was said to me, I took a pair of boots off his feet, which I have here—I found this key on Cotton.
MRS. ANN DRIVER . I have missed plate since the fire—Cotton had the care of it—I have seen these articles before, and believe them to be ours—some I am certain of—I know this butter-knife—the crest has been taken out of the spoons—here is the mark where it was—we had a tea-poy in the dining-room—this is the key of the tea-poy, that is, it opens it—it is a duplicate of my key—I missed all such articles as those produced.
Cross-examined by MR. O'BRIEN. Q. Do I understand you cannot identify anything but the butter-knife? A. I am certain of no more—I know the butter-knife, because it was broken at the handle last year, when in the country, and it was not used, the handle being loose—I received an excellent character with Cotton, and he bore that character in my service.
COURT. Q. You believe the rest of the plate to be yours? A. Yes, and we missed plate of this description.
EDWARD DRIVER . I know the butter-knife, and believe the spoons to be mine—they are like mine—I have others corresponding with them—we miss the same number from our stock—these skewers I have had many years, and this caddy-spoon was kept in the tea-poy—I have not the least doubt the whole property is mine—this pair of boots found on Chandler have my name in them—they were in Cotton's care.
COTTON— GUILTY . Aged 27.— Transported for Ten Years more.
CHANDLER— GUILTY . Aged 30.— Transported for Ten Years.
NOT GUILTY .
1587. THOMAS PATTERSON and ELLEN PATTERSON were indicted for feloniously assaulting George Allen, putting him in fear, and taking from his person, and against his will, 1 watch, value 1l. 5s.; 1 chain, 6d.; 3 keys, 1s.; 1 cigar-case, 4s. 6d.; 1 handkerchief, 2s. 6d.; 1 pair of gloves, 1s.; 1 bag, 2d.; 6 shillings, 3 sixpences, 3 pence, and 6 halfpence, his property; and feloniously cutting and wounding him on the head, at the time of the said robbery.—2nd COUNT, for striking, and using other personal violence to him.
MR. O'BRIEN conducted the Prosecution.
GEORGE ALLEN . I am a linen glazer, and live at No. 9, Monkell-street, Fore-street, City. On the 19th of May I saw the prisoners in a public-house at the corner of Barbican—there was a young woman in my company, who asked them to drink—we had rum and water—they did so, and the male prisoner called for half-a-pint of gin—we drank the rum and water and gin together, and came out together—they asked where I was going—I said I was going home—they forced me very much to go and have something more to drink—I went into a public-house near the Post-office, and called for two glasses of brandy and water, which I paid for—we drank it together, and came out into Aldersgate-street—they asked me to go home with them, and took me to a room on the ground floor in a court in Aldersgate-street—they asked me to have supper—I refused—they had some—in the mean time one of the three asked me to take my hat off—I refused—one of the three said, "Take it off"—I asked for my hat a great many times, to go—they refused to give it to me—I got up and said I would go—one of the three put the candle out—the male prisoner immediately came up, collared me, and said, "Deliver up all you have, or it will be the worse for you"—I refused to do so—he immediately struck me on the head with a poker or some iron instrument, which felled me to the ground—the two females assisted him in doing so—the female prisoner was one of them—they beat me very much, and kicked me—I struggled to get off the ground—one of the three called out, "Get me a knife and I will cut the b—y b—'s throat"—I got up off the ground, and missed my watch from my fob—I begged them to spare my life whatever they did—I said, "Now you have robbed me of all I have, let me go"—they began to put their hands into my pocket, and took all I had—the two females opened the door and looked out—I made a plunge, got from the male prisoner, and he ran out after me and said, "Collar him, collar him; d——n his eyes, never let him go"—they all three got hold of my collar—I got from them again, and ran away, called a policeman, and made a complaint—I saw the prisoners again in about half an hour pass the end of the street, and pointed them out—I said, "There go two of the party;" and I heard Elizabeth Patterson say, "Run, Tom, run."
Cross-examined by MR. PAYNE. Q. Did you know the male prisoner before? A. No, nor the young woman I was first with—I met her in Aldersgate-street about eleven o'clock on Sunday evening, the 19th of May—I was never at the Victoria theatre with the prisoners—I was never there in my life—I have lived in London a year and seven months—I work for Mr. Halifax, in Monkwell-street, and live at his house—he has no other man—he is a linen-glazer—I have no particular time to be home—I come in when I like—he is my uncle—only him and his wife live there.
Q. Did not you, when walking with the woman in Aldersgate-street, stop the male prisoner and ask him how he was? A. No, nor ask him to drink—I did not take the prisoners into a house at the corner of Barbican—I never saw them till they came into the house—we had a glass of rum and water and half-a-pint of gin between us—we had two glasses of rum and water at the the other house by the Post-office, and left there, I think, between twelve and one o'clock—the male prisoner asked me to go home, not to have supper—he asked me to go several times—I refused a great many times—they all three over persuaded me to go—I was not going any where with the young woman—I did not say, after supper, that I was going home with the young woman—I did not tell him I had 7s. 6d. when I came from home, and had only 1s. 6d. left—I did not ask him to take care of my watch till the morning, as I did not like to go home with the young woman with my watch, nor talk with him about my brother being a clever fighting man, nor begin larking with him
and try to throw him, nor did I fall in a struggle, and then get up and strike him and make his nose bleed—the female prisoner assisted him—she did not come to part us—I did not ask him to go out and have something to drink, nor did he refuse to go because his trowsers had got blood on them; nor did I ask him to get another pair to put on over them, to hide the blood—we did not all go back to the court together, nor did I quarrel with him in the street, and fight with him.
Q. Where did you go before you saw the policeman? A. I do not know; I am a stranger in the neighbourhood—I might be in Arthur-street; I do not know, for I ran—I did not go out of the court into Aldersgate-street, as it is a thoroughfare—I do not know where it leads to—it is between Aldersgate-street and Goswell-street, beyond Barbican, on the right side going from here—it is near Fann-street—when I saw the prisoners again they were not walking slowly, but going as fast as they could walk—I followed them—I charged them before the policeman with stealing my watch—the male prisoner did not say in my hearing, "George, how can you say I stole your watch, when you gave it to me in the morning?"—I was not locked up for being drunk, but for safety, to appear against them in the morning—I told the policeman where I lived—they asked me if I would send home—I said I had no occasion, I had as soon stop there as go home—I never saw the male prisoner before that.
WALTER HENRY BROWN (police-constable G 62.) On Monday morning, the 20th of May, I saw the prosecutor, about half-past three o'clock, in Ball-yard, leading out of Arthur-street—his face was covered with blood, his hat off, and the skirts of his coat torn out behind—he was standing, talking to another policeman—I went up to him—he made a complaint to my brother constable, who asked if I had had any rows on my beat—I said, "No"—while we were talking, the two prisoners passed the bottom of Ball-yard, down Golden-lane—the prosecutor said, "There goes two of them"—I immediately went after them—as soon as the female saw me coming, she said, "Run, Tom, run"—I followed, and took the man in Playhouse-yard—I laid hold of his cuff—he said, "Let me go"—I said, "No, I shall hold you fast"—he was shuffling at his right hand pocket, and at last pulled out this watch, and endeavoured to drop it on the area grating—I took it up, and took him to the station; and on searching him there, he said, "The prosecutor gave me the watch to take care of"—I found a portion of the chain in one of his pockets—I found he had a pair of white trowsers on under his fustian ones—I said, "What have you here?"—he said, "A pair of trowsers'—I said, "Take them off"—he would not, till I made him at last—there were two large spots of blood on them, and on his waistcoat two large spots of blood—he said, "This comes from my nose," meaning the blood on the waistcoat—I went, and found a purse, with three sixpences in it, opposite the house where it happened.
Cross-examined. Q. Did you go with the prosecutor to point out any house? A. No—I was the first person that laid hold of the male prisoner—I believe I said he was accused of taking a watch—he did not say, "George, how can you say I stole your watch? you gave it me to mind;" nor anything of the kind, I will swear—the station-house is 500 or 600 yards from where I took him—he said at the station that it had been given him to mind—I will swear he did not say it before—I had never seen the prisoners before, to my knowledge.
JOHN SMITH (police-constable G 171.) On Monday morning, the 20th of May, I saw the prosecutor smothered in blood—he complained of being robbed of all he had got—he pointed out the prisoners in Golden-lane—he said, "There goes two of them"—I and another constable pursued after him—we were up Arthur-street fifteen or twenty yards—when we got in sight of them in Golden-lane, the female prisoner said, "Run, Tom, run"—Brown
who was in front of me, apprehended the male prisoner, and I the female—I found in the morning a Portion of a watch-chain in an area in Playhouse-yard, the same area in which I had seen the watch laying on that night—I produce a pair of gloves given me by the witness who is coming, and the skirt of the prosecutor's coat, and a ciger-case; and here is the remainder of the coat which the prosecutor had on—there is blood on the back of it.
MARGARET MILLS . I live at No. 1, Black Swan-court, Golden-lane, and am married. On the morning of the 20th of May, as I was coming up stairs, I observed the skirts of somebody's coat—I took it up stairs into my room—I found a ciger-case, a pair of gloves, and a key—I gave them to the policeman—the prisoners did not lodge in my house.
HENRY TURPIN (policeman.) I never saw the prisoners till they were apprehended—on the 21st of May I examined his house, and found a watchcase—I was present with the female prisoner's brother and mother-in-law—there were marks of blood on the floor.
Cross-examined. Q. Do you live in the same court with the prisoners? A. I do—I am not the landlord of the houses, but have the letting of them—I do not know the prisoners personally—I know the name—I did not let the place to them—I live at No.1—they live at No. 14—I never saw them there—the house is let to the mother-in-law—the prisoners never paid me the rent, I did not agree to mend a fender for him—I did not know him—I only knew that persons of that name lived there—I do not know Black Swan-court.
JOHN PATTERSON. I am the prisoner's brother, and live in Featherstone-street, St. Luke's. He has always borne a good character—he worked upwards of seven years with Mr. Norton, a cowkeeper, in Hampshire Hog-yard—I believe the female prisoner is his wife—I have seen the certificate of their marriage—I believe this is it—(looking at one)—I have not compared it with the original in the church book—they have lived together about twelve months, and were always considered as man and wife, and were received into the family as such—she has called once at my place—I have called occasionally at his place to take work, and she has called with work at mine—he has been with me for the last ten months, learning the brass finishing—sometimes he worked at his place, and sometimes at mine.
(James Rudd, currier, No.10 Rose-street, Litchfield-street, Newportmarket; and James Harper, watch and water-gilder, No. 43, Northampton-street, Clerkenwell, gave Thomas Patterson a good character.)
THOMAS PATTERSON— GUILTY . Aged 20.— Transported for Fifteen Years.
ELIZABETH PATTERSON— NOT GUILTY .
Fourth Jury, before Mr. Recorder.
1588. HENRY JONESalias MATTHEW JONES , was indicted for feloniously sending to one George Newman a certain letter demanding money, with menaces, and without any reasonable or probable cause; 8 other COUNTS varying the manner of stating the charge.
GEORGE NEWMAN . I live in Bedford-place, Kensington—I live on my property. In January last, the prisoner was in distress—I relieved him and on two or three occasions afterwards—on the 29th of May I received this letter,
in consequence of which I gave information to the street-keeper, and desired him to watch my house, and see who came to it that day—in the course of the day I saw the prisoner pass by my gate—I immediately went out to the street-keeper—he was in the street—I waited till he came to us, and said to the street-keeper, "That is the villain, look at him," and when he came close to us, I said, "You villain, you have sent me a most rascally letter this morning," and doubled my fist at him—he said, "I know I did"—I immediately said to him, "That is a constable and our street-keeper; now, if you have any charge to make against me, make it, and I will go to the police-office with you"—he said, "I have none to make"—I said, "I insist on it, if you have any charge to make, now make it"—he said, "I have none, I should like to have some private conversation with you"—I said, "No, what you have to say you shall say publicly"—he repeated again that he had no charge to make, and was given into custody.
COURT. Q. How long have you known him? A. About four months—I was repairing some buildings, and he accosted me going by, and asked for relief—I had no job to give him—I gave him sixpence—I afterwards saw him on London-bridge—I said, "Why you are the lad I saw the other day"—he said, "Yes, sir"—I took him into a shop, gave him a dinner, stopped and saw him eat it, and gave him 1s. as I left him at the Brighton Railway—I told him if he would look in him a day or two I would give him work if I could—I employed him four or five times, and always gave him 1s. and his dinner—I employed him to look after some bills which I had posted up—he got so ill at last he was unable to do anything—I proposed his going to the hospital—he seemed to dread that—I said I would send him home—he said he would rather starve in London—I said, "Well, take a garret, and I will pay for it"—he went to several, who would not take him in—at last he found one—I went to it, and agreed to pay for it while he was ill—he was there six weeks, and when he left he robbed it—I saw him in Kensington-gardens on Good Friday, sitting in an alcove—as I went by I saw him, and said, "Good God, Henry, is that you?" (that was the name he had given me)—he said, "Yes, sir"—I said, "What in the name of God are you doing?"—he said, "Nothing, sir"—I said, "What a deplorable state you are in," and when he got up he was in such a state I was surprised how he could enter the gardens—the whole of his trowsers behind were completely gone—I took off my coat, and said, "Take this, I will, forgive you"—he said, "I have been among the soldiers, and pawned my things"—I told him to go to my tailor and get his clothes mended, and call on me for work—he got them mended—but never called for work—he came to me another day—he said he was starving—I said he was a vagabond, but I gave him 1s., and said if he would go to a house in the city I would put him there till it was let—he went—I said, "You must be there to-morrow morning from nine till five"—I went there in the morning, and the woman said he had left with a bundle—I missed a new shirt, a pair of stockings, some wash-leather, and a few articles I had bought the day before to give to another poor man—I did not see him again till the Sunday after, when I met him in the street—I collared him and said, "You infernal rascal, I will give you in charge"—I got a crowd round me, and seeing no policeman I let him go—he acknowledged he had got the things—he said, "I have the leather at home"—I said, "Where is your home?"—he made no answer.
Prisoner. I have not been ill since I have been in London. Witness. I believe if it had not been for me, he would have been a dead man.
me at the Kensington station—Mr. Newman handed me this letter—in consequence of which I sent Puddifoot, an officer, after the prisoner—when he was brought into the charge-room, I showed this letter to the prisoner, and said, "Did you write this letter?" at the same time cautioning him that he had no occasion to answer the question unless he pleased, but before I could finish saying it, he said, "I did"—I said, "What could induce you to do so?"—he said, "In hopes of getting the money."
Letter read.—"London, Tuesday, May 28th, 1844. Mr. Newman,—I write these few lines to ask you a civil question, and I expect you to answer it, or else I shall see the reason why. I wants 2l. of money from you, for what you done to me at Mr. Turner's, on the 12th of March and on the 2nd of April. As you know you sent me after * * * * and if you do not choose to leave the 2l. to-morrow at one o'clock, for me, at Drury-lane, 163, (a coffee-shop,) I shall come down and ask your wife for the to-morrow at six o'clock; and if you do not get the money for me, I will give you in charge to the policeman, and then you will transported for life. But, if you give me the money to-morrow at one o'clock, I will not say anything about it; and if not, I shall tell your wife to-morrow night.
"MR. NEWMAN (re-examined.) This letter came to me by the post in the middle of the day—I paid 2d. for it.
MARY BODY . I am the wife of James Body, and keep a coffee-shop at 163, Drury-lane. On Tuesday morning, the 28th of May, the prisoner came to our shop from five to six o'clock—he had some coffee and roll, or something—he called for a sheet of paper to write a letter—I passed him several times while he was writing it, and observed his writing, it was a very thick heavy hand—this letter appears very much like the writing—I could not swear to it, it appears such a letter—I did not read any part of it, or catch any of the words—after he had done it he asked me if he could have a letter directed to my house, in the name of Henry Jones—the paper he wrote on was common Bath paper.
GEORGE WILLIAM FORD . I live at 44, Bedford-place, Kensington, and am the street-keeper of that place. On the evening of the 29th of May, Mr. Newman came to my house—in consequence of what he said to me I watched—some time after that he pointed out the prisoner to me, and said, "How came you to write such a rascally letter as that"—he owned that he did write it—he said, "I wrote the letter"—Mr. Newman then asked him what charge he had to lay against him—he said none—we then walked down Bedford-place—the prisoner said Mr. Newman promised him a situation and never got him one, and he had behaved very badly to him—I asked him in what way, and he gave me no answer—he wanted to speak to Mr. Newman in private, but Mr. Newman did not choose to speak to him only before me—we then proceeded to the station—a policeman was with me, and took him into custody.
Prisoner's Defence.—(written.) Mr. George Newman, of Bedford-place, Kensington on a Saturday, in the month of February last past, I met the said Mr. George Newman on London-bridge, about three o'clock in the morning, when he asked me if I came from the country; I answered him, "Yes," and in conversation he asked me if I wanted a place, and I said, "Yes," and he told me he had a situation that he thought would suit me; he asked me respecting my family connexions, and I informed him that I had neither father, mother, brother, or sister alive; he inquired my last residence; I informed him that I lived as servant with Captain Long, at Devices, in Wiltshire, and that I lived with the captain four years and a half, and was discharged in consequence
of the captain going abroad; the next question he put to me was, had I been * * * * * * * * *; I answered him, "I did not;" he then gave me half a crown, and I was to meet him on the bridge on the Monday following, at one o'clock in the morning, which I did, t according to promise, and he told me to follow him, and he went to a tailor's shop and bought me a coat, and went a little further, and he went to a grocer's and bought me half a pound of tea and half a pound of sugar, and no name on the tea paper, and then took me to an omnibus; he and me then went to Upper Seymour-street, Edgware-road, to Mr. Turner's, saddler and harness-maker, and took lodgings for upwards of eight weeks, and he paid the rent regular for one month, at the rate of 5s. per week, for one room, and afterwards the rent was 3s. per week, and also allowed me 5s. per week for to find me in provisions; and he would keep me as a young gentleman, and nobody was to know it, nor was I to write to my friends for fear of any discovery as to where I was; I have walked out with him several times; on the 2nd of April last past he came to my bed-room, and wanted to take indecent liberties, and I informed him that I would make an alarm and give him in custody to the police; I told him I would not stop there any longer, but I would go home, and beg my way; he said, "If I said no more about the above statement he would give me 2l.; he promised to meet me at London Wall, which he did not, and according to his request I wrote a letter to his house, and was not answered, and the next evening I went to his house, and he gave me into custody for sending the letter."
MR. NEWMAN re-examined. I think it my duty to declare positively before my God and this Court, if it was the last word I expressed, that his account is a concoction from beginning to end—it is the most wicked thing that ever man invented—he was not living at this place on the 2nd of April, and I could prove I never left my house that day but with my wife, who is an invalid, which my servant can prove, and the man who drew the chair—that man voluntarily came forward, and said he had seen the report, and it was a base concoction—the prisoner made this statement before the Magistrate—had he conducted himself properly I would have got him a situation, and have done the best I could for him—I provided him with a lodging for eight weeks up to the 28th of March—he was ill while he was there, and as soon as he got well he ran away from the lodging, and robbed it—I have a memorandum here of it—"Saturday, 30th March, Henry Jones ran away from his lodging"—I keep a diary of what happens, and where I go.
GUILTY. Aged 17.— Judgment Respited.
1589. JAMES EGAN was indicted for feloniously receiving of a certain evil-disposed person a 100l. Bank note, the property of Leicester Stanhope and others, well knowing it to have been stolen.—2nd COUNT, stating it to be the property of John Loonie Cochrane, one of the public officers of the National Bank of Ireland.
(MR. CLARKSON, on the part of the prosecution, offered no evidence.)
NOT GUILTY .
1590. JAMES EDWARDS was indicted for unlawfully obtaining I sovereign of Richard Gifford by false pretences; also, for obtaining 1 half-sovereign, 1 half-crown, 1 sixpence, and 2 pence, of Thomas Moore; to both of which he pleaded
GUILTY . Aged 27.— Confined Six Months.
OLD COURT.—Tuesday, June 18th, 1844.
Second Jury, before Mr. Recorder.
1591. DANIEL DEARLOVE was indicted for breaking and entering the dwelling-house of James Dearlove, at St. Matthew, Bethnal-green, and stealing therein, 3 spoons, value 10s.; 1 watch-key, 5s.; 1 purse, 6d.; 1 pocketbook, 6d.; 1 account-book, 1s.; 1 cash-box, 2s.; 8 sovereigns, 2 100l., 1 50l., 3 10l., and 2 5l. Bank notes; and 4 bills of exchange for the payment and value of 220l., his property; and that he had been before convicted of felony.
MESSRS. WILKINS and ROBINSON conducted the Prosecution.
JAMES DEARLOVE . I am sixty-two years old—I am not in business, and live in Bartholomew-terrace, Essex-street, Bethnalgreen—the prisoner is my nephew. On Sunday, the 21st of April, I had in a cupboard in my bed-room up stairs a tin cash-box, about fourteen inches long, about eight wide, and about six deep—I saw it last about eleven o'clock on Sunday morning before I went to church—the prisoner knew I kept it there, for when I was ill he has been to see me several times, when I have taken it out and put it in that place—when I went to church I left my wife at home to cook the dinner—I returned about five or ten minutes after one o'clock—after dinner I sat reading the Bible for an hour or an hour and a half—I remained in the house till about a quarter to five—the cash-box contained two 100l. Bank of England notes, one 50l., three 10l., two 5l., eight sovereigns, 10s. in silver, some bonds and shares, a 100l. bill of exchange, another for 50l., another for 47l., and another for 25l., of which the prisoner was the acceptor; also some leases and deeds—we keep no servant, and no one lives in the house but myself and wife—the prisoner and his wife came to visit us that afternoon, about five o'clock I believe—I was out at the time, and found them there when I I came in—I did not exactly expect him—after tea, my wife and the prisoner's wife went to chapel, about half-past six o'clock—there are two keys to my front door, one kept by my wife, and one by myself—hers hung on the screw of the knocker, and mine on the bolt of the door—after our wives had gone to chapel we sat and talked a little, and he pressed me very much to go out—I wished not to go, but by his wish I went—it was about twenty minutes to seven o'clock—we went across by Robinson's house, up Coventry-street, up Pitt-street, into Bethnal-green-road, and to the Sun brewery beer-shop—we stayed there about half an hour, and then left together—I turned to go the same way, down Pitt-street, and be wished not, because it was a drearisome road, and he wished to go round the Cambridge road—I directly consented—we went along Bethnalgreen-road, and a little way down the Kingsland-road—I walk very slow—I was very lame that day—just after we got round the Salmon and Ball, by the trees, he said he wanted to go into Cleveland-street—I said, "Well, you go if you wish," and he put his hands to his coat, and set off at full run-away from me—I continued my way home very gently, because the crowd was very great in the Cambridge-road—when I got home I did not find any one in—the front door was locked—I unlocked it with my key, and went in—it took me from ten to twelve minutes to walk from the trees, where I parted with the prisoner, to my house—I did not make any discovery at first when I got in—when I had been in a short time, the prisoner came to the window, stood before it, and looked in at me—I went and let him in—he said "What, are they not come from chapel"—I said, "No, they will not come from chapel till half-past eight o'clock"—he then sat down—but previous to that,
almost immediately, on coming in, I had been out in the yard, and saw that the back door was open, which I had left fastened by two bolts inside—I was in the yard when he came and looked in at the window—opposite the back door there is a little sort of wicket-gate, that was fastened with a bolt and a string—I found that string broken, and the bolt was open—when he came in he seemed very trembling and very queer, but I did not take any notice—we sat for ten minutes or so, and he said he wished they would come home from chapel—I said, "They will not come home just yet, you will take some supper before you go"—he said, "No, I should wish to go home as soon as they come in"—I said, "Well take this pot, and go to the corner, and get some ale or porter; you will take some refreshment before you go"—he went, and I was out in the yard, putting the shutters to, when he came back—he knocked, I said, "I am coming directly"—he gave a very loud knock, as if he was going to knock the door down—I was very cross with him, and said, "What did you knock so very loud for?"—he seemed very much agitated, and said he wished they would come home—he constantly repeated that—my wife and his came home, I think, about twenty-five minutes after eight—as soon as they came in, he jumped up, and said, "We will be off home"—my wife said, "Do take something before you go home, you have got far to go"—he said, "O no, we don't want anything at all"—my wife said his wife should have something if he did not, and she said she would take a little—she took a glass of half-and-half, or something, and a crust of bread and cheese, and he took some himself; but he got up twice during the time, he was so agitated and wishing to go—my wife pressed him, and said, "Do have it comfortably"—they went soon afterwards, I think, from ten minutes to a quarter of an hour after they returned from chapel—I went up to bed about a quarter to ten—directly I got up into my bed-room, I noticed that the cupboard was burst open, and my cash-box gone—I had been into my bed-room about six that afternoon, and the cupboard door was then shut and safe—in the course of the evening I saw the prisoner with his hand on two spoons, a silver one and a plated salt-spoon, on the mantelpiece—I looked at him, and he said, "Here are two spoons here"—I said, "How came they there? my mistress never put them on the mantel-piece, I am sure;" and he took his hand off them—previous to our going out, he said he had taken some goods home to Osborne-street, to the amount of 12l. 12s., and the gentleman was gone into the country that was to have written the check, and had forgotten it; and he was very short of 5l.—I said, "If you are very short of 5l., I will lend you 5l. for to-morrow, if it is sure"—he said, "No, no, don't go up stairs for it, if I want it, I will come for it to-morrow"—he never came.
Cross-examined by MR. CLARKSON. Q. That was before you went out for a walk together, and whilst your property was all safe? A. It was just before we went out—he was apprehended next evening at his own house.
MARTHA DEARLOVE . I am the prosecutor's wife—the prisoner and his wife came at five o'clock on the Sunday afternoon, while my husband was out—I invited them to stay tea, and asked his wife to go to chapel—I do not know where my key was when I came back—I never looked for it—it was there when I went out—I perfectly recollect that—I found it in its proper place after the robbery was discovered—if it had been taken it had been put back again—the prisoner and his wife remained about half an hour after we came from chapel—I pressed them to stay—he said no, he could eat no supper, it was time to go—he appeared in a great hurry to go—by pressing them hard to stay, he remained—I said his wife should stay and take supper—I noticed that he appeared very different in his manner from what he did when
I left home—he looked very pale, and never looked at me at the time he was addressing me, and his wife remarked to him, "What are you staring at me so for? what are you looking so pale for?"—I said, "Yes, he does look very pale she said, "I suppose it is for what he said to me when he was coming here"—he was then present—I did not notice that manner about him previous to going to chapel—when he shook hands with me his hand appeared like ice, and it dropped from me in the most extraordinary way—after he was gone, I sat down and read to my husband for some time—and when he was preparing to go up stairs I went into the kitchen and missed my silver tea-spoons that I had used for tea—my husband kept the key of the cash-box, and the key of the cupboard—the prisoner was married from our house about June or July last—I asked his wife in his presence to go to chapel—she rather refused, saying, it would be rather late to go home, and he jumped up, and said, "Oh, no; go to chapel; by all means go to chapel"—after my husband had gone up to bed, he called out to me that he was robbed—I immediately ran up and saw that the cupboard door had been burst open, and the cash-box taken—I had one key to the street door, and my husband another—I had a difficulty in making use of my key to open the door—I never can open it without two or three attempts—I have never used my husband's key.
Cross-examined. Q. What is the matter with your key? A. I believe it is rather short, and the lock is very harsh—I cannot tell exactly what is the matter with the key, but I know I have always had a difficulty in unlocking the door—I do not know whether it is in the key or the lock—I have been generally obliged to put the key in twice, before I could unlock it—it requires force to get the key into its place to turn the lock—there is a difficulty—it is a common door key—it requires pressure to get it into the lock.
JAMES DEARLOVE (re-examined.) I took my key out with me when I went out with the prisoner—I did not take the other—mine is a key which I had made afterwards—there is rather a difficulty in opening the door with it, and also with my wife's—the lock of the door is rather thick, and the key-hole is not exactly straight—the key is rather short, and there is a difficulty in turning it—my key is the most difficult of the two to use—they are not altogether troublesome, but there is a little difficulty in getting the key in to turn—it is very trifling—I can open the door momentarily with either of the keys—I dare say I have seen my wife open the door with her key.
HENRY ROBINSON . I live at No. 1, Newport-street, Bethnal-green, very near the prosecutor's house—it is double the length of this Court from it—my window commands a view of the prosecutor's house—I can see it very plainly and distinctly—I know the prisoner well—I never saw him but three times, once when there was a wedding, and we had a look at him then, and on Sunday, the 21st of April, when he came past our house along with his uncle—they made a little stop, and my wife called my attention to him—I had such a knowledge of him as to be able to recognize him wherever I saw him—he came out with Mr. Dearlove about half-past six o'clock on the Sunday—I was sitting at my window with my wife—I saw the prisoner come back by himself in about an hour—he went past our window—he looked up at me as he passed—I saw him go up to the prosecutor's door—he made two attempts with a key, or something that we thought was a key, and he went in and shut the door after him—I never saw him again—I am sure the prisoner is the man—I am quite certain it was the same man I had seen with Mr. Dearlove an hour before—we thought that he had come back for a prayer-book—I was with the policemen when he was taken into custody, and I pointed him out to them—they were coming away from the prisoner's house, and I pointed and said, "That is the man."
COURT. Q. You went there to see the prisoner in his own house, did you not? A. Yes, and on seeing him I made that assertion.
MR. ROBINSON. Q. Do you recollect any one near the premises when you were looking on the Sunday? A. Yes, a female, just about five minutes before the prisoner came back—I saw her sitting down right opposite the prosecutor's door, and about forty yards from it, as near as I can tell—she was sitting on a part of an unfinished building—when the prisoner came by he went right direct to the door, and I never saw any more of the woman—I never saw her go away—her face was turned towards the prosecutor's house—I had noticed her there for about an hour and a half—I thought she was waiting for a young man, and I said so to my wife—she seemed to be about thirty years of age.
Cross-examined. Q. She went away, you do not know when or where? A. No, or what she came for, I cannot tell—I saw her there about five minutes before the prisoner came by—I am a splint-cutter—I cut wood for lucifermatches—I work for Mr. Sutton, of Pollard's-row, Bethnal-green—I am not in regular work at all times—sometimes we are obliged to lose a day in a week—I work by piecework, and have three halfpence for every gross—I did not cut any last week—I was attending here four days, and was ill on Sunday, Monday, and Tuesday—I had plenty of work to go to—last Saturday week I cut about 4s. worth—I worked all that week, and earned 24s.—I receive my money by the week—I know Mr. Dearlove very well by sight—I never knew his name before this robbery—Mr. Dearlove's back premises lead right away through into Cambridge-road—you go through a little bit of a garden and a yard—I do not know whether there is a gate with a string to it—I have never been to his back premises, and do not know how they are secured—I do not know whether there are any locks and bolts to them—I never took the trouble to look—we thought the prisoner returned for the Prayer Book—it was about half-past seven o'clock—I have never been in a Court of Justice before, nor ever called upon to identify anybody before—I cannot read—I have got good eyesight—I never spoke to the prisoner—I cannot tell how he was dressed—I can tell him by his face—he had boots on—they seemed to me to be boots—I do not know whether they were or not, because the trowsers were down so low—he had on much such a coloured coat as he has now—it was the same make, a frock coat—I cannot tell what coloured trowsers he had on—I did not notice his dress, only his face, because we wanted to see whether he favoured the old gentleman, to see whether he was his son or not—I said to my wife, "Now we will have a good look"—I have not been examined by that gentleman (the attorney)—I have never had any questions put to me about what I knew of this matter—I have not been to that gentleman's office—I do not know where he lives—he never called me as a witness—I do not know whether he examined me at the police-office—I and my wife went and gave information to Mr. Dearlove on the Monday, the 22nd, having heard about the robbery—I have been past his house since—I have been in once, not with my wife, but alone—I think it was one day last week—I cannot tell which day—it was after we had come away from this place—I did not take anything to drink—I did not go to the public-house with any policeman—I have gone into a public-house, and seen the two policemen in this case there—I do not know the sign of it—it is a beer-shop, close by Mr. Dearlove's, where his back entrance comes out—I do not know when it was—I have seen them in there several times—I do not know how often I have been there since this transaction—I generally go there for my half-pint of beer—I never met the policemen there, or went there with them—I have seen them there, it may be six or seven times, or it may be three or four, I cannot
tell—I have seen them come in and talk to the landlord—I have not talked to them, only said, "How do you do?" and they have said so to me—they took nothing from me in writing—there was no drink between us—I once asked them to drink, and they both drank out of my pot—it was part of a pint of fourpenny half-and-half—their names are Waters and Townsend—they drank nothing else, never but that once—I do not know when that was—it was at my expense—I had a pint when they came in, and asked them to drink—we had a pot of beer at the public-house opposite last week while attending here as witnesses—I swear I have had no drink with them anywhere else—I believe there were one or two persons in the public-house when they drank out of my pot—there was no one in their company that I know of—they stood against the bar, and I sat down—I fell in with them quite by accident—I have seen them in there a good many times, but they only drank with me once, to my recollection—I do not recollect drinking with them after that—I would not like to swear it, because I might be mistaken—I never knew them before this transaction—I was alone when I went, and found them at the public-house—it was in the evening, when I came home from my work, about seven or eight o'clock—I do not know what day—I do not think they had drink there when I have seen them talking to the landlord—I was not an hour in a public-house with the policemen on the day they went to take the prisoner—we went in, and had a little drain of gin, and a drop of half-and-half that day—I do not know at what public-house it was—it was going along towards the prisoner's house—the policemen paid for it—it was not at the beer-shop which I am in the habit of going to—the prisoner was not in the public-house which we went into—I did not see him there—if he was there it was not to my knowledge—I did not recognise him.
MR. WILKINS. Q. Has the attorney ever examined yon? A. No; I never saw him till I came to the police-office—I speak positively to the prisoner, because I know him so well by looking at him to see whether he favoured Mr. Dearlove—we thought he was his son, and we said we would have a look to see whether he favoured him—it was since the prisoner has been taken that I drank with the policemen at the beer-shop—I went there by chance, and they came in soon after—it is Crompton's beer-shop—I have never expressed the least doubt about the prisoner being the man.
ELIZA ROBINSON . I am the wife of Henry Robinson. On Sunday afternoon, the 21st of April, I was at the window of our room on the first floor—I know the prisoner by sight—the first time I saw him was about ten or or eleven months since, at the time of his wedding, which took place from Mr. Dearlove's house—I have seen him three or four times since then, four I believe—I saw him about half-past six o'clock on the Sunday evening, come out with Mr. Dearlove, and go by, as I supposed, to chapel—about three quarters of an hour, or it might be an hour after, I saw the prisoner return alone—he came past our window, and went to Mr. Dearlove's door—he made two attempts to open it, with a key I suppose, and with the third attempt he got in and shut the door after him—I am quite certain he is the man—I had noticed a woman that afternoon walking to and fro, and round the church directly opposite our house—when the prisoner went into the house I lost sight of the woman, and saw no more of her.
Cross-examined by MR. PAYNE. Q. Was the wedding talked about at the time? A. No; I had no conversation with any one about it, we afterwards inquired about it, and heard that it was a wedding from Mr. Dearlove's house—we did not inquire who it was that was married—we supposed it was Mr. Dearlove's son—I did not ascertain that it was his nephew—I do not remember
seeing him more than once between the wedding and this Sunday, and then we saw him go to Mr. Dearlove's—my children and my husband were at home this day—one is twelve months old, and the other three years—we thought he came back for the prayer-book—he appeared in a great bustle—he passed us quickly, at a hurried pace, and went in a great hurry up to the door—he turned his head and looked us full in the face—we were sitting with the window wide open—our house is not directly opposite Mr. Dearlove's, but in a slanting direction—it is a little distance from it—I saw no more of him after he went in; my attention was taken from the window to the children—I did not go away—I had seen Mrs. Dearlove and another lady go out—I did not see them come back—I did not see the old gentleman return—we saw no more of any of them—I did not see the old gentleman come back just before the prisoner hurried past—I will not swear he did not come before—I did not see him just after—I did not see him come back at all—I was sitting at the window all the time—my children were playing in the room, and they drew off my attention from the window from time to time.
MR. WILKINS. Q. How soon after you had seen the prisoner go into the house was your attention drawn away to the children? A. I suppose in about five or ten minutes—there is a large open space of ground between our window and Mr. Dearlove's house—there was nothing to interrupt my view, only some hillocks of dirt where some rubbish has been shot—curiosity induced me to notice the prisoner that afternoon—we wished to know whether he faback voured Mr. Dearlove, whether he was his son, and we said when he came again we would have a look at him.
SELINA ETRIDGE . I live with my father, James Etridge, a coachman, at No. 3, Bartholomew-terrace, next door to Mr. Dearlove's—I have seen the prisoner at his uncle's two or three times—I saw the prisoner and Mr. Dearlove go out on Sunday evening, the night his house was robbed—it was about a quarter or twenty minutes to seven—at about half-past seven I was in the front parlour of our house, and heard some one go into Mr. Dearlove's house with a key—I heard the key in the lock—I can hear from our house very distinctly what is going forward in the next house—not a minute after I heard the door opened I heard a person walk about in the front room up stairs—it a ppeared to me to be a man's step—I heard the creaking of a pair of boots—I was alone—the footsteps were in Mr. Dearlove's front room—I did not hear the person go out at the front door again—I should have done so if he had.
JOSEPH CROMPTON . I keep the Rose and Crown beer-shop at the corner of King's-row—I know the prisoner and his uncle—they have frequented my house for the last nine months—I remember the prisoner coming to my house on the Sunday evening the prosecutor's house was robbed—it was somewhere between seven and eight—I cannot exactly say the time—he came to the door, and asked if the old gentleman or his uncle, Mr. Dearlove, was there—Mr. Dearlove had never come to my house on a Sunday night that I recollect—I said, "No, you will find him at home, for I believe he very seldom or ever goes to a public-house on a Sunday evening"—he then left—Yarminski was in my bar at that time—the window faces the street, and there is a seat under it—a person sitting on that seat could not see a person come across from Cleveland-street, but he could see a person come from Henman's-gate.
JOSEPH YARMINSKI . I am a constable belonging to the Eastern Counties Railway. On Sunday night, the 21st of April, I was sitting in front of Mr. Crompton's bar—I saw the prisoner on that evening, about thirteen minutes to eight—he came from Cambridge-road, straight to my face, in a direction as from the builder's yard just beyond the beer-shop—he could not possibly
have come from Cleveland-street—that would have been at my back—he came into Crompton's and said, "Is the old gentleman here?"—Crompton said, "You know the old gentleman never comes on Sunday to my house"—he came and looked in the window, turned back, and went out to the left.
Cross-examined by MR. CLARKSON. Q. Where was he when you first saw him? A. At the corner of Henman's yard, and past the street going to the left of the new church.
MR. WILKINS. Q. Where you were sitting, could you see beyond Henman's yard? A. Yes—I cannot see the gate—I first saw him by this gate (describing the situation on a plan produced), and he came straight to the beer-shop.
ELIZA HENMAN . I am the wife of Richard Henman, a carpenter and builder, No. 1, Bartholomew-terrace—the gate of our timber-yard opens into Cambridge-road, the opposite corner to Crompton's beer-shop—the gate of Mr. Dearlove's garden opens into our timber-yard—I know the prisoner perfectly well—we have a dog that generally barks at strangers—he knows the prisoner—he has passed several times through our garden with Mr. Dearlove, and he did not bark at him—if a stranger approaches the yard when the dog is there, he makes a great noise—I was at home that evening by myself, and the dog did not bark or make any noise at all that I heard—I have seen the prisoner pass with Mr. Dearlove once or twice without the dog barking at him.
EDWARD WANDERER TOWNSEND (police-constable K 8.) On Sunday evening, the 21st of April, about half-past ten, I was called to Mr. Dearlove's house, and examined it—I found the cupboard door in the bed-room broken open—nothing else in that bed-room had been interfered with to appearance—on the following day, I went and apprehended the prisoner—I told him he was charged with robbing his uncle—he said, "Me rob my uncle"—I said, "Yes"—he appeared rather excited—I said, "Dearlove, you had better go in-doors, or go up stairs"—he went in with me, and when he went in he threw his keys down on the carpet and said, "Search the house"—I did search part of the house—Mr. Dearlove said he had nothing to say against him more than what Robinson had to say—he would not charge him—I said, "Whether or not, I shall take you to the station"—I went for a cab, and conveyed him to the station—on the road to the station he repeatedly said, "Is it likely I would rob my uncle," and wished me to give him an answer—he wished to know what property his uncle had lost—I said, "That you will hear by-andbye"—on our road to the station we passed the Sun brewery-shop, and he said, "That is the house I was in with my uncle," and passing Crompton's beer-shop hesaid, "I went to Mr. Wood's, and rang the bell twice, and as I came from Mr. Wood's, I went in there and asked if ray uncle was there"—Mr. Wood lives in Cleveland-street—in conveying him next morning from the station to Lambeth-street police-court, he said, "I was to have gone to my uncle's as yesterday to have borrowed 5l., but I did not go, having had a little drop to drink"—I said, "You appeared when I took you to have had something to drink"—Robinson pointed him out to me.
Cross-examined by MR. CLARKSON. Q. How long were you with Robinson in the public-house, when he pointed him out to you? A. He did not point him out in the public-house—I think I had been in one public-house with Robinson that day, a house near where the prisoner lived—I cannot tell the name of it—I was not there myself above ten minutes—I did not meet Robinson there—we went there for the purpose of watching to see whether the prisoner came home—I, Robinson, and Waters were all together—I took Robinson from his house—we agreed to go and see if he could
identify this man, as the man he said was the son of Mr. Dearlove—we found he was not at home, and went to the public-house, to watch—I was not there all the time Robinson was—Waters was left behind—Robinson was outside, watching the prisoner's house—I believe we had a pint of half-and-half to drink, nothing else—after taking him into custody, went down to communicate with Mr. Dearlove—Robinson was near the prisoner when I came up—I have seen Robinson repeatedly since then, at various places, standing outside his own door, not at public-houses—I was never in any other public-house with him from that day—we never met together at the bar of a public-house—I never had share of a pint of half-and-half of his—I never was in any other public-house with him.
COURT. Q. You were never at Crompton's? A. That is a beer-shop.
MR. CLARKSON. Q. Then do you distinguish between a beer-shop and a A. Yes, I have met him at Crompton's half-a-dozen public-house? times—I have occasionally seen him come there for his dinner beer, between twelve and one o'clock—I think I have seen him there on one or two evenings—I might have drank with him once or twice—I have not on several occasions—I think on one occasion, or it might be twice, he has offered his pint of beer to me, and said, "Will you drink?"—and I think on one occasion I did drink—we never had any gin together on any occasion—we had none at the public-house near the prisoner's, nor did he have any there in my presence.
MR. WILKINS. Q. Do you remember whether he drank gin on any one of the occasions? A. Never that I saw—he always appeared to me very steady and very sober—there was no gin had on any one of the occasions—I was not more than ten minutes in the public-house near the prisoner—Robinson was chiefly outside, because we bad not got an exact command of the prisoner's house—Waters was in the parlour of the public-house—the prisoner was within four or five yards of his own door when Robinson pointed him out to me—I should say the prisoner was not at any time in a room with me and Robinson without Robinson's knowledge.
RICHARD WATERS (police-constable K 343.) I went with Sergeant Townsend to take the prisoner into custody—he was living in White Conduit-street, Islington—after going to his house, and finding he was not at home, I went to a public-house immediately in the vicinity of his residence—when I went in I saw one person sitting in the room—who he was I do not know—after waiting there some little time a second person came in, and joined the other—they sat in conversation together some little time—I was not taking particular notice of the conversation, my attention was drawn to the window, till I heard dropped, "I might as well have had 500l. as 100l."—it was the prisoner said that—I did not know it was him at the time—but within twenty minutes after I apprehended him, in company with Townsend—I was not paying attention to the conversation, not thinking he was the person; but he made some allusion to Fatguts—this was at the Spanish Patriots—Robinson was in the neighbourhood—I do not think he was with me when I overheard this conversation—he came in during the time that I was in the room, but whether he was there at the time the conversation took place, I cannot tell—I think at one period of the time he was in the public-house at the time the prisoner was there—there were three persons in the room—Robinson did not point out the prisoner in the public-house, and did not appear to recognise him in the least—it is a square room, there are no divisions in it—it is an open room—Robinson pointed him out as he was coming from his residence, in company with the prosecutor—he made a point, and said, "That is the man," and we immediately apprehended him.
Cross-examined by MR. PAYNE. Q. Was not the prisoner coming out of the house that you had been informed was his house? A. I did not see him come out—he was not more than four or five yards from it, and his uncle was with him when Robinson pointed him out—I cannot tell what the other part of the conversation in the public-house was about—there was something said about the income-tax on his wife's property, but that was not relative to the other observation—the prosecutor did not at that time decline to give him into custody—I believe Robinson was smoking a pipe in the public-house, and in the same room with the prisoner—he was certainly not there for nearly an hour, nor scarcely for a quarter of an hour.
COURT. Q. Was the prisoner there all that time? A. I think not—no, he was not—I and Townsend went in first—Townsend left me there, and then Robinson must have joined afterwards—I should scarcely believe he was there a quarter of an hour—I do not think I was there a quarter of an hour altogether.
MR. WILKINS. Q. How long do you think Robinson was in the room when the prisoner was there? A. But a very short space of time—it might have been five minutes—the expression, "I might as well have had 500l. as 100l.," was not at all in reference to the income-tax—he was relating to the man who was in company with him about where he had been to that day—he produced his pocket-book, and produced this paper from it—I saw it across the table, and he said, "I have been to get the tax off my wife's income"—the other conversation was some few minutes preceding—I got this paper referring to the income-tax from his pocket-book on his being searched, among other documents—I took possession of it half or three-quarters of an hour after—I found a pawn ticket on him as well, which I produce—it is for a snuff-box pawned for 6s. on the 26th of March in the name of John Murphy, No. 54, Rawstorne-street.
RICHARD DUST . I am brother-in-law to Mr. Henman, the prosecutor's next door neighbour. I was on Mr. Henman's premises on the Sunday afternoon in question as late as ten minutes past seven o'clock—at that time Mr. Dearlove's door was closed—I am quite sure of that—our dog was on the premises when I came in, but whether he was there exactly when I went away I cannot say.
ANTHONY RUTT (police-inspector K.) I have gone the distance from the trees in the Cam bridge-road, past Robinson's house, to Mr. Dearlove's—I walked it as quick as I possibly could, and it took me rather more than three minutes—I have also walked it with Mr. Dearlove, and it took him from eleven to twelve minutes.
(The distance from Robinson's house to Mr. Dearlove's door was admitted by MR. CLARKSON to be sixty yards.)
Evidence for the Defence.
ROBERT WAY . I keep the Sun brewery beer-house, in Bethnal-green-road. On Sunday evening, the 21st of April, I remember Mr. Dearlove coming to my house with some one—I do not remember the prisoner—I think it was between six and seven o'clock—I think they staid about half an hour, but I am not positive as to the time—it might have been half-past six, or it might have been a quarter to seven o'clock—they had a pint or two of ale I think, but I am not positive—they did not have more than two.
PETER DUFF . I am in the silk trade, and live at No. 2, Pearl-street, Spitalfields. I know the prisoner—he has been to my place several times—I saw him on Sunday evening, the 21st of April, in the Dog-row, which is now I think called the Cambridge-road—it is the road with the Salmon and Ball
at the corner, between that and the Bethnal-green-road—he was speaking to an old gentleman about a hundred yards from the railway road, nearer to Whitechapel—I should suppose it was between seven and eight o'clock, but I cannot say, for I had no particular reason why I should take that notice—(looking at the prosecutor)—that is about the size of the old gentleman he was speaking to, but I cannot say—I did not take any particular notice—he left the old gentleman, and came and tapped me on the shoulder on the other side of the way as I was looking over the gardens—he commenced asking me about my son, who was a companion of his at one time, but is now gone to sea—Ryan was with me—I was going towards Red Cow-lane, and he walked with me—he had left the old gentleman just by the four or five trees—I was going towards the Mile-end-road, not towards the Salmon and Ball—I had come out with my friend, and was taking a walk—I know Cleveland-street—that is what I call Red Cow-lane—I was going towards that, and Ryan with me—the prisoner walked with me that way—he did not run from the old gentleman—I did not see him till he tapped me on the shoulder after I saw him on the other side—I cannot say whether he ran across—I saw him go to a house on the left hand side in Cleveland-street, near the end of it going into Mile-end-road—he was about to bid me good bye—he rang a bell, and said he was going in there—he rang it a second time, and I bid him good evening—Ryan was with me the whole time—I did not observe what became of the prisoner after he had rung the bell twice—I went on taking my walk with my friend, and left him at the door.
MR. WILKINS. Q. The prisoner knew where you lived? A. Yes—he did not take me as a witness before the Magistrate—I have been subpoenaed here, or I should not have come—Ryan is a harness manufacturer to the silk trade—he has done work for me—I never knew him to be in prison, and I have known him from his birth—I was first asked to give evidence, I think, about a week back—I know this was the 21st of April, because it was my birth-day, and I was sixty years old—I had not been keeping it, only so far that I asked my friend to go out with me to take a bit of a walk—he had not dined with me—we met together at half-past six o'clock in the afternoon—I went to his house, as I generally do—I should say I did not remain there more than a quarter of an hour, and we then took a walk down Bethnalgreen-road—we went into a public-house, and had a pint of ale—it is kept by a Mr. Turner, and is in the centre of Bethnal-green-road—I paid for it—some—we then took a walk round the Dog-row, as I call it—I should say it was not above Ryan had twenty or thirty yards from the trees that the prisoner came up to me—it was on the other side of the way, in a line—I can-not positively say whether he had white trowsers on—I do not think he had—I had no reason to take particular notice of him—he did not talk about anything besides my son—I said I thought he would be at home—Ryan took no part in the conversation—he walked behind me—I do not think the prisoner knew Ryan at all—he only knew me from being at my house three or four times.
DANIEL RYAN . I live at No. 5, Cross-street, Church-street, Shoreditch, and am a weaver's harness-maker. I remember being with Mr. Duff on Sunday evening, the 21st of April, in the Dog-row—I do not know that it is called the Cambridge-road—the railway crosses it—it leads to Mile-end-gate one way, and to Hackney the other—I saw a young man and an old gentleman talking, but I did not take any particular notice of them—they were strangers to me—the old gentleman was much such a person as the prosecutor, but he was not dressed as he is now, nor had the young man the same
sort of dress on the prisoner has now—the young man crossed over, and spoke to Duff—I did not hear their conversation—I walked on—I was about five or six yards from them—we went up Red-cow-lane, which is now called Cleveland-street—the young man went up Cleveland-street with us—I walked behind him and Mr. Duff—they walked together I should say between fifty and sixty yards up Cleveland-street, and the young man stopped at a house there, and made an attempt to pull the bell, but I kept walking on to look at some new houses—I saw him stretch out his hand to pull the bell—that was on the left hand side of the street, and towards the middle of it I should say, but I was busy looking at the new houses—it was no business of mine, and I took no notice, as he was a stranger to me—that was all I saw—I walked on about my business.
COURT. Q. What time in the evening was this? A. I should say between seven and eight o'clock, for when I came round Whitechapel, and looked at the London Hospital clock, it wanted a minute or two to eight.
MR. WILKINS. Q. Who that young man was you cannot say? A. No—I should be sorry to swear it was the prisoner—he is very like him—I was never before the Magistrate—I should not have come up now unless I had been subpoenaed—it is no business of mine—I know it was the 21st of April by its being Mr. Duff's birth-day—I had not been keeping it with him—he told me it was his birth-day—I met him at my house where he generally comes every Sunday for me to take a walk with him—I drank a pint of ale with him at the Cornwallis, in the Bethnal-green-road—that was all—I had not seen the young man before—I saw him standing and talking to the old gentleman—I should say he was then twenty or thirty yards from me—he was on the left hand side of the road, and I on the right—he crossed over—I did not hear any part of the conversations—he went about one third of the way down Cleveland-street—I did not hear the bell ring—I kept walking on, and looking at the new houses—he had on something of a velvet coat at I thought.
COURT. Q. Was the Cambridge-road crowded? A. No—there were several people walking, but not the least obstruction—I should say this place is half a mile from the London Hospital, where I noticed it wanted a minute or two to eight—we came right up Cleveland-street, and down Mile-end-road direct to the London Hospital—we were not many minutes walking that half mile, because I was in a hurry to get home—I generally go to Mr. Burkett's, in Church-street, where the newspaper is read, and I said, "I must make haste, my time will be up, and I shall not hear the paper read"—it might have been about a quarter to eight when I was in Cleveland-street—I cannot say exactly the time.
MARTIN WOOD . I live at No 5, Cleveland-street, Mile-end-road. My house is only five doors up from the Mile-end-road, and I should think about 250 yards from the Queen's Head, opposite Crompton's beer-shop—I was not at home on Sunday evening the 21st of April—I am single—I left the house without any person in it—I know the prisoner.
MR. WILKINS. Q. As far as you know, had he any business with you that day? A. Not to my knowledge—I am not aware of any business he could have.
COURT. Q. He had made no appointment with you? A. None whatever—I had not required to see him—I had not seen him for three or four weeks—he had left me about five or six weeks as near as I can tell, telling me he was going into his old business as a grocer.
MR. DEARLOVE re-examined. On that Sunday night I had a black coat on instead of this—I took very little notice as to how the prisoner was
dressed—he had no velvet coat—I never saw him in a velvet coat—I will not be sure whether he had on a black or dark brown coat, I believe it was a frock coat—I believe that was the only coat he had on—I do not know whether he had two coats—I will not be sure whether it had a velvet collar; I think it had.
Q. How long had you got home, after parting with the prisoner, before he came to the window? A. I should think about two, three, or four minutes; I cannot say, I took very little notice—there were a great many people passing and repassing in the Cambridge-road, so as rather to impede a person's walking—I should not think I could have seen thirty yards through the people from where I stood by the trees, nor half the distance—I do not think a person standing thirty yards off could have observed me and my nephew at the trees, from the concourse of people—we did not talk at all—we made no stop—he started from me at full run out into the middle of the road—I should judge the pace he went from me was about six miles an hour—I never saw him cross the road—I lost sight of him almost immediately.
CHARLES WALLER (City police-inspector.) I produce a certificate of the prisoner's former conviction, from Mr. Clark's office—I was a witness at the trial to which it relates, and know the prisoner to be the person mentioned.
Cross-examined by MR. PAYNE. Q. He pleaded guilty, did he not? A. He did—the charge was receiving a portion of property that some relative of his had stolen—(certificate read.)—
GUILTY . Aged 35.— Transported for Fifteen Years.
NEW COURT.—Monday, June 10th, 1844.
NOT GUILTY .
1593. WILLIAM BURGESS was indicted for stealing 1 pair of books value 6s., the goods of Charles Cutting; and 11 lbs. weight of lead, 3s., the property of Henry John Scace, and fixed to a building; to which he pleaded
GUILTY . Aged 16.— Confined Three Months.
1594. MARGARET WELLS was indicted for stealing 2 blankets, value 16s.; 2 sheets, 7s.; 1 table-cloth, 2s.; 5 napkins, 7s.; 1 table-cover, 4s. 6d.; 1 wash hand-stand cover, 2s. 6d.; and 1 towel, 1s.; the goods of George Goldthorpe, her master; to which she pleaded
GUILTY . Aged 18.— Confined Four Months.
GUILTY . Aged 34— Confined Six Months.
PETER HENRY BERTHON . I am a clerk in the Trinity House—I live at the Forest, Waltbamstow, Essex. On the 13th of May I was in Duke-street eading into Little Britain, and felt something at my pocket—I felt, and found my handkerchief was gone—I turned, and the prisoner and another boy were close behind me—I seized the prisoner, and said, "You have my handkerchief"—he said, "I have not"—the other boy interfered, and after a few minutes said, "There is your handkerchief on the ground"—I saw it on
the ground between the two boys—I kept the prisoner, and picked it up—the other boy got away—this is my handkerchief.
JOHN ETHERINGTON WILMOT . I live in Charlotte-street, Islington. I saw the prisoner and another boy behind the prosecutor—the prisoner took the handkerchief from the prosecutor's pocket, and threw it to the other boy—the prosecutor turned and seized the prisoner—I seized the other boy, but he got away.
Prisoner's Defence. The witness said he did not see me take it.
GUILTY . Aged 15.— Confined Two Months.
HENRY PENNINGTON , linen-draper, Beech-street, Barbican. On the 29th of May, I was sitting in my back parlour, and from the reflection in the glass I saw the prisoner take three prints and one mousseline-de-laine dress—I rose and saw him drop them outside the door—I ran and caught him, and never lost sight of him—I kept him till the officer took him.
GUILTY . Aged 17.— Confined Three Months.
ROBERT LEWIS . I live in Tothill-street, Westminster, and have one partner. On the morning of the 15th of May, the prisoner came to our shop—I was waiting on a lady—the prisoner was standing at the opposite counter—I cast my eyes to her and saw her take something from the counter, she covered it with her shawl, and put it under her arm—I walked round, and took this piece of calico from her—she begged for mercy—it is ours, and has my mark on it.
Cross-examined by MR. BALLANTINE. Q. Was any one serving her? A. No—I had a view of her back—she did not say, "I have money; I can pay for what I want"—I cannot say whether her hand was on this calico.
Cross-examined. Q. Did she say anything about any money? A. No—there was 3s. 10d. found on her.
GUILTY . Aged 35.— Confined Four Months.
HENRY SPENCER , cheesemonger, Chiswell-street. On Thursday afternoon, the 16th of May, the prisoner brought some waste paper to my shop, and asked me 2 1/2 d. a pound for it—I offered him 2d.—we came to terms, and he left it—I weighed it—there was 54lbs.—I gave him 9s.—this is part of the paper.
JAMES COLE . I live in Angel-court, Threadneedle-street. This paper belonged to the Children's Friend Society—the society was broken up, and this paper was sent to my house, to be taken care of—I missed it on the 20th of May—it was kept in an attic—I was answerable for it, and kept the key of the room—it could only be got by a false key—Mr. Mauber was the owner of the house—he and I were both members of that society.
GUILTY . Aged 18.— Confined Six Months.
(There was another indictment against the prisoner.)
WILLIAM BORER . I am in partnership with Henry and James Matthews, and carry on business in Upper Thames-street; the prisoner was in our employ for five or six years. I received information, and went to the front door of our warehouse, and gave the prisoner into custody—he had these bristles in his trowsers—they are ours—he said it was the first time he had taken them.
Cross-examined by MR. WILKINS. Q. How do you know them? A. From purchasing them myself in Russia, seeing them packed there, and seeing them very frequently since they came home—I know them by their quality.
COURT. Q. Do these correspond with what you have, in the mode of binding and the quality? A. Yes, both.
GUILTY . Aged 19.— Confined Six Months.
ARCHIBALD CAMPBELL . I am assistant to a draper in Aldersgate-street. I was in that street on the night of the 21st of May—I met the prisoner—she asked me to go home with her—I told her to walk away—she caught hold of my arm—I had a handkerchief in my pocket a little before she came up to me—directly after she left I missed it—this is it.
Prisoner's Defence. I never saw it till the prosecutor accused me.
GUILTY . Aged 23.— Confined Two Months.
WILLIAM WASHINGTON PHILLIPS . I have a stand opposite the prosecutor's shop in High-street, Shadwell, On the evening of the 8th of May I saw the prisoner with two other females inside the prosecutor's shop, looking at a piece of print, and shoving it about on the railing—two of them left, and the prisoner went the contrary way to the others—I turned my head to my stall, to attend to some customers—after that I turned again towards the shop, and the print was gone—I followed the prisoner, and laid hold of her—before I got her to the shop I saw this print hanging down under her shawl—she begged me to let her go.
was the first time she had been in custody—she refused her address at first, and afterwards said she lived in Spitalfields.
Prisoner's Defence. I saw a confusion, and asked what was the matter, and they said there was a quarrel; I went along, and my feet kicked against something, and before I could turn the witness took hold of me.
GUILTY . Aged 16.— Confined Three Months.
CHARLES KENNEDY . I am in the employ of William Fisher, a tailor, in King William-street. At a quarter past ten o'clock at night, on the 23th of May, I saw Waller take this coat—I ran after him, and then Davis had it—I took them back—this is my master's coat—I did not lose sight of them.
WALLER— GUILTY . Aged 19.— Confined Twelve Months.
DAVIS— GUILTY . Aged 20.— Confined Three Months.
NEW COURT.—Tuesday, June 11th, 1844.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 19.— Confined Three Months.
HENRY TOWNSEND . I am coachman to Aaron Chapman, of Highbury-park. I was standing with his carriage at the London Tavern on the 22nd of May—I turned, and saw my coat move on the box—I then saw the prisoner walk deliberately away with it—I caught him with it under his arm—it is my master's coat.
Prisoner's Defence. I saw a coat lying on the footpath, and not knowing what it was I stooped to pick it up; I saw the carriage standing close by; I was making my way up to the carriage, as there was a man sitting on the seat, to ask who the coat belonged to, but I saw a person coming towards me before I got up to the carriage; he accused me of stealing it; I said I had picked it up.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Four Months.
CHARLES HOWELL . I live in Bosier-court, opposite the prosecutor's—about two o'clock on the 13th of May I was minding my father's shop, and saw the prisoner and another walk through the court—they pulled a waistcoat, walked away, came back in two or three minutes—the prisoner then went to the door, and the other stood before her—the prisoner pulled the waistcoat down, put it under her shawl, and walked off—I gave information—the prisoner stopped by the shoe-shop next door to us, and the policeman took her—she threw the waistcoat down.
Cross-examined by MR. PAYNE. Q. Was not she coming back towards the shop? A. No, going from the shop, but when she heard me call out she came back—I went to meet her—Moyes's boy caught hold of her, and the policeman, who was standing at the corner, took her—directly I called the policeman she threw the waistcoat down and ran away—Moyes's boy picked it up.
JAMES BLOOM (police-constable, E 98.) I saw the prisoner running down Bosier's-court I followed her and took her—in taking her to the station, she asked if she would get much—I said it was according to whether she was known—she said she was not known.
GUILTY . Aged 16.— Confined Nine Months.
HALLOWS HATFIELD . I was at the corner of Queen-street, at half-past six o'clock on the 22nd of May—I saw the prisoner take the coat from the side of the prosecutor's door—he rolled it up—I took him and said, "You must go back with me"—he said, "What for?"—I took him—Dingle and the officer came up and took the coat from him.
Prisoner's Defence. It was on the step of the door, I did not take it down.
GUILTY .* Aged 26.— Confined One Year.
JOHN LOCKWOOD . I am a bricklayer, and live in Ironmonger-row, St. Luke's—I was at work at the Standard-gardens, at Hoxton, on the 3rd of May—I laid my coat under a tree about one o'clock—after coming from my dinner about two, I heard some one cry out, "One of you have lost your coat"—I came up out of the sewer, and my coat was gone—it was a white moleskin coat—I have not found it since.
there—I saw a white moleskin coat under a tree—the prisoner picked it up-and put it under his arm—I am sure he is the man—he walked away to the corner of the street, and then he ran—George Hill ran after him.
GEORGE HILL . I was at work at some vaults in the Standard-gardens—the prisoner passed by with the coat under his arm—Buckle hallooed out, "Whose coat is that the young man has picked up?"—I looked to see if it was any of my mates that hallooed out—I ran after the prisoner, but could not catch him—I am sure he is the man.
Prisoner. Q. What do you swear to me by? A. By your appearance—you had no jacket on—no one else passed.
Prisoner's Defence. I was at home on Friday when the coat was stolen; I was coming down the City-road on Tuesday when a woman swore that I was the man that took the coat because I was in my shirt sleeves.
GUILTY .** Aged 21.— Transported for Seven Years.
1611. JAMES PARKER was indicted for stealing 1 till, value 5s.; 2 wooden bowls, 1s.; 1 sovereign, 7 half-crowns, 34 shillings, 13 sixpences, 1 groat, 6 pence, 35 halfpence, and 52 farthings; the property of James Dellewen.
ANN DELLEWEN . I am the wife of James Dellewen, and live in Abbey-street, Bethnal-green. About a quarter to one o'clock, on the 29th of April, I saw my till safe in my bar—it contained about 5l., in half-crowns, shillings, sixpences, pence, and halfpence—I heard the street door go—I came out of the little parlour, opened the door, and saw the prisoner running away with the till under his arm—it was soon brought back, and contained the money stated—I am sure the prisoner is the boy.
ANN HAMMERSLEY . I live in Bacon-street. I was near the prosecutor's house—I saw one boy standing in the door-Way—a bigger boy came out with the till under his arm, and said, "It is all right; I have got it"—the prisoner, who was close by, took the till from him—he never spoke, and they all three went away together—I ran after them, and cried, "Stop thief," and Newton stopped him.
(The prisoner received a good character, and his master engaged to take him again in his employ.)
GUILTY . Aged 15.— Confined Two Days.
HORDON pleaded GUILTY . Aged 20.
GREEN pleaded GUILTY . Aged 17.
Confined Three Months.
GUILTY . Aged 46.— Confined Two Days.
ANN MEAD . I live in Collett-place, Commercial-road. On the 7th of May the prisoner came to take apartments for a captain, his wife, and lady's-maid—she remained at my house and left next morning, saying she was going to the East India Docks—I followed her, and she turned up by the George in the Mile End-road—I then went to her—she still said she was going to the captain, and asked me to go with her, and just before reaching the Docks she said it was all deception, and begged me to forgive her—I had not then missed
these things—this is my daughter's collar, but was in my house—no one else was there to take it but the prisoner.
GUILTY . Aged 41.— Confined Three Months.
ELIZABETH HONESS . I am the daughter of Thomas Honess, who keeps the Swan at Hammersmith—these bagatelle balls, candlesticks, and irons, are my father's—the prisoner was our pot-boy for one week—he had been sleeping there some time before that.
Cross-examined by MR. BALLANTINE. Q. I suppose there is no mark on them? A. No; we have two more candlesticks like these—they are odd ones—we have put these irons on the top of the fire, and they are very much blacked—I believe these things were taken before the prisoner was pot-boy—I thought he was destitute but honest.
Cross-examined. Q. What were the irons pawned for? A. 1s., and one candlestick for 6d., and the other for 4d.—the balls were pawned for 2s.—he took them out on the morning of the 14th, when he pawned a waistcoat.
HENRY BEVAN (police-sergeant T 3.) I asked the prisoner where the balls were, as I had been to the pawnbroker's, and found they were taken out—he said they were up in the hay-loft—I went with him to the hay-loft—he took them out of a sack of oats, and gave them to me—I found five duplicates of these other things on him.
Cross-examined. Q. Did he not say he had taken the balls out with the intention of returning them, and should have done so? A. Yes.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy.— Confined Ten Days.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 20.— Confined Six Days.
HENRY READING , coach-maker, Riding-house-lane, Portland-place. At half-past six o'clock in the evening of the 26th of May I was going up Wellington-street, Strand—I found something touch my coat behind, and looked round, and my handkerchief was drawn out of my pocket by a lad about the prisoner's size—he went down Wellington-street—I followed—he was stopped, but I lost sight of him—the officer afterwards produced this handkerchief to me—it is mine.
Cross-examined by MR. PAYNE. Q. What do you know the handkerchief by? A. It has my mark in the corner.
DOMINICK CARR (police-constable F 15.) I heard a cry of "Stop thief"—I saw the prisoner run from Tavistock-row, and run to Covent-garden—he took this handkerchief out of his pocket, and threw it over his shoulder—I took him—he struck me with his hat across the face.
Cross-examined. Q. Were there a number of persons going along? A. Not at that time—I am quite sure he is the person—I was within about three yards of him at the time.
Cross-examined. Q. How near were you to him? A. About five or six yards—I am quite sure it was him—I picked it up.
GUILTY .† Aged 18.— Confined One Year.
JOHN CASS . I am shopman to Robert Corser, a grocer, in Leadenhall-street. At a quarter to eight o'clock, in the morning of the 17th of May, I was in the shop—I received information, ran out, and stopped the prisoner about three yards from the shop with this bag of coffee, which had been in the shop—he said he was going along the street, and met a man who asked him to carry it, and he would go and fetch the man—I took him to the shop, and gave him in charge—I saw no other man.
Prisoner's Defence. The coffee was at the corner of the gateway; a gentleman asked if I wanted a job; he said he was going to Stratford by a bus, and told me to take the coffee and wait for him; he was not three yards away from me.
GUILTY .* Aged 23.— Transported for Seven Years.
1620. THOMAS JENKINS, JAMES COUSINS , and THOMAS HARRIS , were indicted for stealing 1 handkerchief, value 4s.; the goods of Edward Sewell, from his person; and that Jenkins had been before convicted of felony.
COUSINS pleaded GUILTY . Aged 18.— Confined Six Months.
EDWARD SEWELL , grocer, Great Yarmouth. On the 23rd of May I was walking arm in arm with a friend, along Shoreditch—the officer came to me—I examined my pocket, and missed my handkerchief—it was produced to me at the station—this is it—I did not see either of the prisoners.
JOHN WESTBURY (police-constable H 215.) I was on duty in plain clothes that evening—I saw the three prisoners in company going down Shoreditch, a little before seven o'clock—I watched them for an hour—they were attempting every person's pocket—I saw them make at least forty attempts, and failing in every one—at last, the prosecutor came by, and they all three turned back after him—Jenkins and Harris then closed behind him, and Cousins about a yard behind them—Jenkins laid hold of the prosecutor's right coat-pocket with his right hand, put his left hand in, and drew out a handkerchief—I went and asked the prosecutor if he had lost anything—he said a handkerchief—I told him to step into a shop, and I would bring it—I followed the prisoners down Cock-lane and into Shoreditch again—I saw them go to two other gentlemen—I and another officer went and took them—while we were putting the handcuffs on Jenkins and Harris, Cousins brought the handkerchief out of his pocket, and I took it from him.
Harris. Q. How far were you from us? A. Sometimes within a yard, and sometimes eight or ten yards.
JENKINS*— GUILTY . Aged 20.— Transported for Ten Years.
HARRIS— GUILTY . Aged 19.— Confined Six Months.
NEW COURT.—Wednesday, June 12th, 1844.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 20.— Confined Three Months.
GUILTY. Aged 43.— Judgment Respited.
WILLIAM PAITSON JACKSON . I am a law student. At half-past three o'clock, on the 25th of May, I was in Fleet-street, in the neighbourhood of St. Dunstan's Church—on turning my head to take a pinch of snuff, I saw the prisoner, and did not like his appearance—I put my box into my left coat pocket, and walked on—I went to a book stall, and was there a few minutes—in taking three books up, I felt a twitch at my pocket, and missed my box—I saw a person running about eight yards from me—I followed him—I only saw his back—I do not know him—this is the box.
GEORGE ALEXANDER BRIMMER . I live in Great Warner-street. I was passing through King's Head-court, Shoe-lane—the prisoner rushed by me very rapidly, and I observed something apparently grasped in his hand—I followed him, and raised a cry—a gentleman stopped him.
GEORGE ARNOLD . I was coming up Pemberton-row, and the prisoner ran by me—I saw him throw this snuff-box over M'Dowall's yard—I followed, and took him—Clark went into the yard, and brought the snuff-box back.
Prisoner. Q. Where did you see me? A. As I was turning out of Pemberton-row to Gough-square—I said at the office that I saw you throw it away—I saw you throw something away, which I supposed was the snuff-box—I took you at the end of the row—you were not running so fast as you had been—after you threw it away you slackened your pace.
Prisoner. Q. What did the policeman tell you to say? A. Nothing—he asked if you were the man who threw it away, and I said, "Yes"—I know you, because you had the same coat on.
Prisoner. Q. Where is King's Head-court? A. It leads out of Shoe-lane to Gough-square, and M'Dowall's yard is in Pemberton-row.
GUILTY . Aged 21.— Transported for Ten Years.
PETER ALLEN . I live with Mr. Franklin, a pawnbroker, in Tottenham Court-road. This hat-case was offered in pledge by the prisoner, on the 24th of May—I detained him till a policeman came—I gave the case to him.
GUILTY . Aged 50.— Confined Six Months.
(There was another indictment against the prisoner.)
LIEUT.-COLONEL JOHN HALL . I belong to the First Regiment of Life Guards. About three o'clock in the afternoon of the 9th of May, I was in Oxford-street—some person put a stick before me—I turned round, and saw the prisoner running off the pavement—I ran, and overtook him—he ran about fifty yards, and round a carriage, then turned to Holles-street, and ran towards some iron rails—a person said, "There he is"—I went and took him—I examined my pocket at the police-office—my purse was then gone—it contained two shillings and three sixpences—it has not been found.
Cross-examined by MR. PRENDERGAST. Q. You found nothing on him? A. Not belonging to me—there was 16s. or 17s. of his own money—I pursued him directly—I had but little money in my purse—the rings were large, and I doubled it up in a knot—it was in my great-coat pocket—the prisoner was pointed out to me again—I had lost sight of him—my purse was in my pocket between twelve and one o'clock—I am sure he is the man that ran away.
WILLIAM HOLLAND , tea-dealer, Oxford-street. About three o'clock, on the 9th of May, I saw the prosecutor pass my shop—I saw the prisoner come behind him, and lift up the tail of the prosecutor's coat, and something appeared to drop into the prisoner's other hand—he ran off the pavement, just under a four-wheeled carriage—he came on the pavement again, and my friend and the prosecutor pursued him—he first ran, and then walked.
Cross-examined. Q. Where were you? A. About two yards inside my shop—I had never seen the prisoner before—I did not lose sight of him—the prosecutor was as near as possible to me—he might be a step or two before me—my friend pointed out the prisoner to the prosecutor—I am quite sure from the first to the last I had full sight of theprisoner's legs, while he was on the other side of the carriage—he ran till he got past the carriage, and then walked.
JOHN REEVE (City police-constable, No. 470.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner it the same person—he was given into my custody for stealing a purse out of a Mr. Atkins's pocket.
GUILTY . Aged 19.— Transported for Ten Years.
1626. HENRY DAWKINS was indicted for stealing certain worsted and other articles, value 250l. 18s., the goods of William Ansell Swainson, his master; and GEORGE BUXTON for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which
DAWKINS pleaded GUILTY . Aged 30.— Transported for seven years.
BUXTON pleaded GUILTY . Aged 36.—Recommeneded to mercy.— confined six months.
type="confession">GUILTY Confined Ten Days.
MR. BODKIN conducted the Prosecution.
HENRY WILMER . I am foreman to the Commissioners of Woods and Forests—the house No. 16, George-street, Bloomsbury, is their property, and is to be taken down for the improvements—on the day fter this happened I saw this lead, and compared it with the remaining part of the lead on the roof of the house, it fitted most accurately—it was worth about 14s.
Cross-examined by MR. PAYNE. Q. It is very old? A. Yes—the parties were still living in the house—the roof was in a bad state—the middle gutter had been taken up, and the rain would have come in.
MR. BODKIN. Q. Who took up the lead of the middle gutter? A. I do not know, it had been taken away—there was nothing the matter with the roof except the lead being taken away—the Commissioners have been in possession of this house about two months—the prisoner's mother occupied a room there at the time this happened.
MARY OLIVER . Between eight and nine o'clock in the evening of the 27th of May, I was in the house opposite to the house 16, George-street—I saw the prisoner on the parapet of the roof of No. 16—he appeared to be hammering up the lead—I saw his arm move—I noticed two other men that got away—they were doing the same as the prisoner.
Cross-examined. Q. Was there not another person taken that you swore to? A. Yes, he was discharged on proving by several witnesses that I was wrong about him—the persons that belong to the house I was in, were pulling down the fixtures—I went up to look at them—there were three more persons with me—I told the policeman about this when I first saw it—I could see the face of the prisoner, and the other person who was discharged—I have known the prisoner five or six years, and I knew the one that was discharged—I have seen him since.
WILLIAM PENNY (police-constable E 140.) In consequence of information from Oliver I went to the roof of the house in George-street, and found the prisoner with his head and shoulders through the roof, and his feet were on the ceiling—I caught him by the jacket, and said, "What do you do here?"—he said, "I live here, what do you want with me?"—I said, "On suspicion of stealing the lead off this house"—I saw two men behind him—they made their escape down to the ceiling—the prisoner tried to get from me—I caught his hand, and his body was hanging down—I called another officer to take him—there were some of his own friends had hold of his legs, and they said, "Let him go; we have got him as a prisoner"—I held him till an officer took him from me—I found 59 lbs. of lead on the roof—it was severed and rolled
up—this is it—it was fitted to the place—I found a cap by the side of it, and a small chopper, which the lead could be ripped off with—I took the cap to the station and asked whose it was—the prisoner said, "It is mine"—he had no covering on his head.
Cross-examined. Q. Did you cut any of the lead yourself? A. Yes, about three inches—that was not quite off—I could not take it away.
MR. BODKIN. Q. Did the prisoner say at the station why he was on the roof? A. Yes, to put some tiles on, to prevent the rain coming through—there was no appearance of tiles being put on.
GUILTY . Aged 21.— Confined Three Months.
THOMAS BAKER . I am a musical composer. At a quarter to one on Friday morning, the 17th of May, I was coming from the Italian Opera House—I got half-way down Bond-street, and was accosted by the prisoner—I desired her to go about her business—I was exceedingly unwell—at the corner of Burlington-street the prisoner put her arms round my neck—two men were standing on the steps—they inquired the way to Holborn—I told one man—I put my hand up to my neck, and discovered I had been robbed of my two diamond pins—the prisoner ran away—I went on—I saw a policeman—I told him, and described the prisoner—we went down Bond-street in quest of the prisoner, and met her in the middle of the carriage-road, opposite Bond-street—I gave her in charge—I went back to Piccadilly, and the pins were found exactly on the spot where she was charged—I am sure of that—these are them.
Cross-examined by MR. WILKINS. Q. What had been the matter with you? A. I had had a bilious attack in the day, and should have asked permission to have gone away from the Opera, had it not been the first appearance of a new ballet—when the prisoner ran away I saw her joined by another female—I saw them together when the two men accosted me, about a minute and a-half after she had accosted me—I had not taken any refreshment—I was first accosted by her at the corner of Burlington-street, and the pins were found in Piccadilly—the two men did not come quite close to me—I missed my pins directly after the prisoner was gone, not while I was talking to these men—they went towards the Quadrant, not towards Piccadilly—when I discovered my loss I saw no one about.
COURT. Q. Were either of these men near enough to put their arms round your shoulder? A. No, and no one but the prisoner—I am quite sure of her.
CHARLES HANDY (police-constable C 172.) I met the prisoner in Bond-street, just opposite Stafford-street—she was charged with the robbery just at the bottom of Old Bond-street, in Piccadilly—I took her to the station, and went back to the spot where I took her, and saw the prosecutor take up these two pins near a plug-hole at the bottom of Bond-street, where the prisoner had been standing—she could have dropped them there.
Cross-examined. Q. There were two women? A. Yes, the other woman I took to the station, and this one went with the prosecutor—the other one was discharged before the Magistrate.
(The prisoner received a good character.)
GUILTY . Aged 27.— Confined Two Months.
1630. WILLIAM BROWN, EDWARD WORLEY , and JAMES WOODERSON , were indicted for stealing 99lbs. weight of lead, value 4s., the goods of Joseph Edwards, and fixed to a building.—2nd COUNT, not stating it to be fixed.
JOSEPH EDWARDS . I am a chimney-sweeper, and live in Orchard-street, Westminster. I have a soot-shed about fifty or sixty yards from my house—it had lead fixed on it, which was safe on Friday and Saturday, the 3rd and 4th of May—I missed it about half-past one o'clock on Monday the 6th of May—the tiles had been removed also—I went to the station at Bow-street—I found the lead in the yard—I took it and compared it with the roof, and it fitted exactly, and the nail-holes corresponded—I can swear to this one piece.
THOMAS LANGLEY (police-constable F 121.) About eleven o'clock on Sunday morning, the 5th of May, I was in Drury-lane, and saw the three prisoners coming down the lane—Brown was carrying a basket, which appeared to be very heavy—they passed me—I followed them to the corner of Queen-street, and there Brown and Wooderson saw me following them—they crossed and went down Wild-street—they spoke together again—they crossed over to the other side—another officer was coming, and we took them—they had this lead with them.
Cross-examined by MR. BALLANTINE. Q. Did not Wooderson escape? A. Yes—I did not see him again till the 15th of May, when he was in custody—I had inquired about him in the interval—I gave a description of him at the police station as about twenty-five or twenty-six years old, rather dark complexion, with a cut on his left cheek—I observed that as I passed him—I never had any conversation with him—Bagnell did not give a description of him in my presence—I did not talk to him at all about him—I only told him that he had a jacket on similar to a fustian jacket, but nothing about the cut on the face—I have been in the police since 1840—I had never seen Wooderson before—I went down to the station and gave the report to a man at the door—he was one of the B division—I do not know his number—it is my duty to make the report to my superior—I did not do so, because I thought I could apprehend him without.
Brown. The policeman came to me in Clerkenwell, and asked me a description of the man; I told him he had a cut down his face: he asked me all the particulars. Witness. I did go there, but did not ask him to describe the third man; he said he would tell me the man if I went to him; I went to him, and he would not tell me anything about him.
CHARLES HENRY BAGNELL (police-constable F 31.) I was on duty in Wild-street—I saw the three prisoners coming down Great Wild-street—Brown had this basket—it was very heavy—Langley came to me and said something—the other two men ran away—I ran after them—I swear Wooderson was one of the men—I had never seen either of them before.
Cross-examined by MR. PAYNE. Q. How far were you from Worley when he ran away? A. Twenty-five yards—I knew him by seeing him—when I brought Worley back Brown said he was not the man who employed him.
Cross-examined by MR. BALLANTINE. Q. How long have you been in the police? A. Eleven years—I remember Wooderson—Langley did not tell me he had a cut on the face—I did not notice any cut—I saw him again in custody at the B station—Langley was there, and pointed the prisoner out—he did not express any doubt about him—I had given no description of him—I left that to Langley—I did not hear him give a description—there were no other persons under charge.
from Mr. Edwards—I had known all three prisoners as being together-before—I told him it was for being concerned in taking some lead from Mr. Edwards—he said he believed I was only joking with him—he is a labourer—sometimes he works, and sometimes he is along with thieves—I have been in the police ten years—I received information on the subject on the Monday—I did not go to his house, because I knew I should meet him in the street.
Brown's Defence. About a quarter to eleven o'clock I was coming through Brokers-alley; a man in a fustian coat, who appeared to be a plumber, asked if I wanted a job; I said, "What?" He said, "Help me to carry this, I will give you 6d." I had not got it above five minutes, and the officer asked what I had got; I said the man that gave it me was just before me.
JOHN BRANNAN , labourer, Peter-street, Westminster. I know Wooderson, he is a shoemaker—between ten and eleven o'clock on the 5th of May, I saw him in his own room; I went there to have my shoes mended—he was about half an hour about it—I stayed with him till about one o'clock.
THOMAS WESTON. I hawk nuts; I have known Wooderson as a neighbour four years. On the 5th of May I swept the front of his door, and saw him in-doors—he is a shoemaker, and works for Mr. Patterson in Broadway, at the corner of Tothill-street.
COURT. Q. Was he at home the next day? A. I will not be certain—I live next door to him.
TIMOTHY SHEILS . I am a mason's labourer, and live three doors from Wooderson. About ten o'clock on Sunday, the 5th of May, I went to borrow a hammer of him to nail my own boots—I took it home, and the prisoner was not out of my sight till a few minutes after twelve—I did not see him during the next week, because I was at Greenwich.
COURT. Q. What makes you remember it was the 5th of May? A. They said he had done something, and his brother came and asked if I would go down as a witness—I do sot know how many weeks it was after—I cannot tell that it was not the 14th of May—I do not know that I saw him at home the next week.
BROWN*— GUILTY . Aged 19.
WORLEY*— GUILTY . Aged 25.
WOODERSON*— GUILTY . Aged 30.
Transported for Seven Years.
JOHN LLOYD . I am foreman to William John Reeves, a coal-merchant; the prisoner was employed there occasionally. I missed ten coal-sacks—they ought to have been in the Wagon—these are them—they were safe at half-past nine o'clock on the morning of the 18th of May—I believe the prisoner was in distress.
WILLIAM WELLESLY MEDLEYCOAT (police-inspector.) The prisoner was brought to the station—he said he had taken the sacks from the wharf—I said, "Do you mean to say you stole them?"—he said be had, that he was in distress.
GUILTY. Aged 30.—Recommended to mercy.— Confined One Month.
GUILTY . Aged 26.— Confined Four Months.
GUILTY . Aged 71.— Confined Two Months.
GUILTY . Aged 26.— Confined Three Months.
1635. ELLEN CURTAIN was indicted for stealing 6 blankets, value 2l. 10s.; 1 counterpane, 10s.; 5 table-cloths, 10s.; 2 sheets, 5s.; 1 table-cover, 2s.; 1 necklace, 8s.; 4 pictures, framed and glazed, 5s.; 8 knives, 1s. 6d.; 8 forks, 1s. 6d.; 1 tea-pot, 1s.; 1 milk-pot, 1s.; 1 bowl, 1s.; 5 cups, 1s.; and 4 saucers, 1s.; the goods of Robert Laing, her master.
ROBERT LAING . The prisoner was my servant; she came on the 2nd of May, 1841, and left on the 1st of Sept., 1842. In consequence of her coming to me with a policeman, and saying that she had stolen some things from me with the assistance of a man, I searched a trunk that was under the bed in one of the rooms—I found it nearly empty—it was kept locked—I opened it with a key—I cannot say what property had been in it—it was property that had been put by when my sons were in business—I know it was full of linen—these sheets and table-cloths are marked in my own handwriting, and are my own—they were put into a large trunk with other linen, not being wanted for general use—I saw them last in the trunk five or six years ago--no one had had been to it that I know of—here are some pictures and frames which I know exceedingly well—they are mine—I cannot say where they were kept—they were put away as not being in general use—these knives and forks are such as we have in general use—two pairs of children's knives and forks I can distinctly swear to as being mine—this tea-pot is part of a tea-service presented to me by my sister when I was first married—I have not seen it for five years—I have seen the knives and forks while the prisoner was in my service—the china was in a closet which I frequentlyentered—I can only judge of the blankets from their having the same mark which the laundress was accustomed to put on the linen—this piece of furniture I can positively swear to—that was inclosed with the blankets.
CHARLES THOMAS GAYLER (City police-constable, No. 348.) On Thursday night, the 9th of last May, I met the prisoner—she asked if I would go with her to take a person into custody who had wronged her of about 30l.—I said I could not, as it was only a debt—she said, "Then I will give him in charge for robbing my late master, Mr. Laing"—I asked what she had to prove it—she gave me these four duplicates, which related to things which she said were brought away by this man named Foley—I searched his place, and could find nothing, and then I went with her to the prosecutor, and he gave her in charge.
ALFRED JOHN MELHURST , shopman to Mr. Burgess, pawnbroker, Long-acre. I took in these six blankets of the prisoner—this bed-furniture was wrapped round them—she pledged them originally for 5s. or 10s., then came and had more on them.
MARY WILLIAMS . I am the wife of Jeremiah Williams, and live at 8, Queen-street, Seven-dials—the prisoner lodged with me about twelve months ago—I bought these pictures and the crockery of her about twelve months ago—I did not ask whose they were—I never said that I asked her—I was examined before the Magistrate, and they put my evidence down, and I put
my mark to it—this is my cross—I told the Justice that the prisoner said they were her own—she did say so—the necklace she said she got from her master's sister.
Prisoner's Defence. I did not take the things; I left this man and his sister in charge of Mr. Laing's house two or three hours, and the things were taken; he gave me the duplicates after his sister pawned them; the blankets I bought; they are not Mr. Laing's.
JURY to ROBERT LAING. Q. Did Foley ever live in your service?A. I found a man in the kitchen one morning when I came down early—I was very angry—I told the prisoner she should never have the opportunity again, as I would take the key of the street door up-stairs.
NOT GUILTY .
CHARLES CARTER , linen-draper, Cross-street, Hoxton New Town. Between eleven and twelve o'clock in the forenoon of the 21st of May, the prisoner and two other women came to my shop—I served them—I then perceived something under the prisoner's apron—the three women went out, and I followed—the prisoner saw me, and ran away—she dropped a piece of mousselin-de-lain from under her apron—I stopped her and picked it up.
Prisoner's Defence. We all came out and turned down a street; the other two said, "Are you going to the dress-maker?" I said, "Yes;" they said, "Good by;" I then was going, and the prosecutor tapped me on the shoulder, and said, "One of you must have dropped this dress;" I said, "I know nothing about it;" he said, "As the other two are gone, I will have you."
GUILTY . Aged 22.— Confined Three Months.
THOMAS NEWMAN . I live in Sheffield-street, Clare-market. The prisoner has been in my employ about eighteen months, to finish learning the business—I sent him for and with bills several times—it was his business to receive money and deliver it to me—this bill of Mrs. Little's is in my writing, and was delivered about twelve months back—I sent the prisoner several times to Mrs. Little's for the money, 1l. 10s., and he had received, as he told me, 5s., and brought me 5s., and I have received 5s. of Mrs. Little since he has been taken—1l. is still due—this receipt to the bill is in the prisoner's handwriting.
Cross-examined by MR. PAYNE. Q. How much did he have a week? A. Seven shillings, and he was to keep himself—he had 6s. at first—this bill is as far back as June and Aug., 1842—this "May 23rd, 1844, received 5s.," is in my handwriting—I charge him with 5s. received on the 18th of Aug., and 5s. on the 16th of Sept.—I enter the sums I receive—I have not got the books here—I summoned Mrs. Little for the 1l., 5s. the week previous to taking the prisoner—I have been rather slack of work this year—I did not say to the prisoner, "Harry, what shall I do, I have not got a job in the shop"—I never said any words to that effect—I said I should get a range in and do it up, and I should go to the secretary and ask him to let me put the dog-bar, in Lincoln's-inn-Fields to-rights—I did not tell him to go and break them—I did not give him a piece of gas-pipe to go and do it with—he wanted
to go on his own account, and I would not let him—I did not ask him, and he refuse, nor say I would be one with him for it—he did not say he would not do it, he was afraid of being taken up.
CATHERINE LITTLE . I deal with the prosecutor. This bill was delivered to me—the prisoner called for the money several times—I paid him 5s. on the 18th of August, 5s. on the 9th of September, and on the 16th 5s. more—I always brought him a pen and ink to the door, and he wrote his name, and the amount, but did not put the dates.
Cross-examined. Q. How do you know it was those dates? A. By my different accounts.
Cross-examined. Q. Was that all he said? A. Yes—I did not mention the sum—he said he had done so, and was sorry for it—this is my name—(looking at the depositions)—I told him he was charged with embezzling 10s.—he said he had received the money, and was sorry for it—I know Mr. Twyford's handwriting—I have seen him write—this is it—(read)—"The prisoner says, 'I am very sorry for it; it was distress that drove me to it.' "
GUILTY. Aged 19.—Recommended to mercy.— Confined Four Months.
(There was another indictment against the prisoner.)
1638. DANIEL POWELL was indicted for stealing 1 sheet, value 4s.; 4 caps, 3s.; 1 pair of stays, 6d.; 2 handkerchiefs, 2s. 4d.; 8 curtains, 1s. 6d.; 3 pinafores, 3s.; 1 shift, 2s.; 1 pair of trowsers, 10s.; 5 petticoats, 5s.; 5 night-gowns, 5s.; 5 shirts, 5s.; 1 napkin, 2d.; 3 pillow-cases, 4s. 6d.; 1 toilet-cover, 1s.; and 2 frocks, 1s.; the goods of William Henry Lindsay: and 1 gown, 1s. 6d.; 1 petticoat, 1s.; 3 handkerchiefs, 6d.; 4 aprons, 2s.; and 1 night-gown, 1s.; the goods of Harriet Webb.
CHARLES SIMPSON . I live in Jeffrey-street, Camden-town. About nine o'clock, on the night of the 14th of May, I went to fasten the back door, and I heard a noise outside—I opened the gate, and saw three men standing close to Mr. Lindsay's door, handing linen from one to the other—their backs were towards me—there is a space of ground between Lindsay's house and ours, wide enough for a carriage to pass—the men saw me within a couple of seconds after, and ran away together—they threw the linen down—I followed, and called, "Stop thief"—they ran out of the lane, towards Jeffrey-street—I followed, and they separated—two went towards the left, and one to the right, towards town—I cannot say whether the prisoner was one of them—I pursued them with the policeman—I lost sight of them once—the policeman took one of them—when we returned the policeman picked up the linen.
Cross-examined by MR. CHARNOCK. Q. Was it dark? A. Yes—I was at one angle, and the policeman at the other, at the top of Jeffrey-street—not more than half-a-dozen persons came when I called, "Stop thief"—no one joined in the pursuit but the policeman—they might have run the other way.
JOHN JONES (police-constable S 130.) I was on duty in Sussex-terrace, opposite Jeffrey-street—I saw two men running, and Simpson following about fifteen yards from them—they separated—I followed one—I took hold of the prisoner—Simpson came up, and said he had been stealing some linen at the back of Jeffrey-street—he said he had not—I went with Simpson, and found this linen near the garden at the back of Jeffrey-street—there were no other persons running besides the men and Simpson—Mr. and Mrs. Lindsay came out, and said, in the prisoner's presence, that the linen was theirs—the prisoner begged Mrs. Lindsay's pardon, and cried—he said he was innocent.
Cross-examined. Q. This is the first time you have said that he cried and begged pardon, is it not? A. I said it before at the office—I cannot recollect whether it was taken down—it was not very dark, because there were lamps—it was dark where Simpson saw them first—I was on one side, and he on the other—the prisoner might have said, "I heard the cry of 'Stop thief,' and ran after the man; I know nothing of the robbery"—he said words to that effect.
WILLIAM HENRY LINDSEY . I live at Prior-cottage, Camden-town. There is a garden at the back of my house, and a door at the end of it—about ten minutes before this happened I had been in the garden, and saw the clothes lying on the grass—I knew a great many of them—these trowsers I can positively swear to.
NOT GUILTY .
MARTIN FALLOR , clock maker, Hill-street, Finsbury. About twelve o'clock in the day, of the 14th of May, I went into the Duke's Head, White cross-street—I had two clocks with me—I saw Porter there, and a young man—they looked at the clock, and gave it me again—I put it on a chest, and while I was talking to a young man the clock was gone—I searched, and could not find it—Porter said, "What have you lost?"—I said, "My clock"—Porter said if I would stand a pint of gin I should have it—she and the man went off—I followed them, and she went into another gin-shop—I put down my clock-bag there, and the other clock was in it—I had half a pint of porter, and drank it by myself—Porter said, "If you stand another pint of gin, you shall have your clock back"—I then looked, and the other clock was gone.
PHILIP NEALE , coach maker, Golden-lane. I went into the Spread Eagle—I saw the two prisoners and a young man, and the prosecutor—they came in one after another—the prosecutor had a bag, he took the bag off his back, and gave it to a young man—I put it by me, and the clock and bag fell off On to the ground—the young man picked it up, and went and talked to the prosecutor—Saunders took the clock and bag—she put it into Porter's apron, and she went away with it.
NOT GUILTY .
MARTIN FALLOR . After I had lost my clock at the Duke's Head, I went to the Spread Eagle, and saw Porter and a young man—I did not see Saunders—I had a clock in a bag, which I put on the seat there—I had half a pint of beer, and while I was speaking to the young man, the clock and bag were gone—Porter and the young man remained there—Porter said if I would stand a pint of gin I should have my clock back again.
PHILIP NEALE . I was at the spread eagle, saw the two prisoners, the prosectutor and a young man named Harding come in—the prosecutor had a clock in a bag—he put it off his back and gave it to Harding—it fell off, and the clock struck one—Harding picked it up, and went and spoke to the prosecutor—Saunders took the bag and clock and put it in Porter's lap—she covered it up with her apron, and went away—Saunders followed—I told the landlord—he went for a policeman, and gave Harding in charge.
CHARLES HOLLOWAY . I was at the Spread Eagle—I saw the two prisoners, the prosecutor, and Harding—the prosecutor had a clock in a bag—Saunders passed it over my lap, and put it into Porter's lap—she covered it
over with her apron, and walked out, and in a few minutes Saunders walked out.
PORTER— GUILTY . Aged 54.
SAUNDERS— GUILTY Aged 30.
Confined Nine Months.
WILLIAM WEAVER . I live on Saffron-hill. On the 17th of May I met the prisoner in Farringdon-street—I treated him—I had a sovereign and a half and a half-crown, in a silk handkerchief—I told him I should go and buy a hat, he said he had one to dispose of—I said, "Fetch it;" he did so, and it was split across the top—I said I did not like it—he asked 1s. for it—I gave him 8d. for it—I took a half-crown out of the handkerchief, and gave it to him, and said, "Go, and get change for this, and bring it back"—he did so—the rest of the money was then in the handkerchief, and I put it and the rest of the money into my trowsers-pocket—he accompanied me to the Nottingham Arms beer-shop, and treated me there—I was rather the worse for liquor—I knew what I was doing when I gave him the half-crown—I had the money when I went to the Nottingham Arms—after that I went home and missed my handkerchief from my pocket—I have never seen it since.
Prisoner. Q. Did you not give 10d. for the hat? A. No—I put the change of the half-crown into my coat-pocket—there was no other man in my company—I did not come into the Nottingham Arms with my trowsers undone, and tell you to button them up.
FRANCIS GWILLIN . I live at Bishop's Head-court. I was at the Nottingham Arms when the prosecutor and prisoner came there—they had four or five pints of ale—the prosecutor was very drunk indeed—the prisoner appeared to have been drinking, but was comparatively sober—the prosecutor went out and came back—the prisoner said, "Don't be a beast; let me button up your breeches," and the prosecutor assented to it—I saw the prisoner place his hand at the waistband of the prosecutor's trowsers, and the other hand under, as if working something out—he then sat down on the seat, and I saw the prisoner put his hand round the prosecutor—Mr. Hopkins made a noise on the table for me to notice it—the prisoner then went out, and then Mr. Hopkins said something to me.
Prisoner. Q. You saw me take it out of the prosecutor's right pocket? A. No—I saw you take nothing out—I never said it was a red handkerchief.
ROWLAND HOPKINS . I was at the Nottingham Arms. Gwillin called my attention to the prisoner—I saw the prisoner with a red silk handkerchief in his left hand—I saw him button the prosecutor's trowsers up—I made a noise with my pipe on the table to make my friend notice it—the prisoner sat a very short time, and went away—the prosecutor left a little after—he had been drinking, but was capable of taking care of himself—the prisoner was sober—the prosecutor called the prisoner Bill—I did not tell the prosecutor—he stayed about ten minutes after.
EDWARD WILLIAM WORSTER . I am barman at the Red Lion, Strand. About half-past twelve o'clock on the Friday night, the prisoner came and remained half an hour or three quarters, treating a number of persons—he spent four or five shillings—shortly after, he asked me to mind 18s. for him—he came the next day for 12s. which he had, and the remainder of the money
he was going to renew his license with—he was in the habit of minding cabs for cabmen..
Prisoner. Q. Did I not tell you to go to Leather-lane, and Blackman-street? A. No, you said Fetter-lane—you said you bought the boots in Blackman-street, and there was no shoemaker's shop there.
Prisoner's Defence. The prosecutor asked me to have a drop of beer; I thanked him; we drank that beer, and a friend of his was sitting beside him, who said, "My friend is in want of a hat." I said I had an old one; I got it, and showed it him; 1 asked 1s. for it; he offered 10d.; I said, "I will spend the odd 2d., and you give me 8d. for it;" he gave me a half-crown; then we had some more gin and beer; at half-past ten o'clock we went to the Nottingham Arms, and there were several persons whom he asked to drink; he went out and came in again; I said, "You might have buttoned your trowsers;" he said, "Button them for me;" I did, and we had a glass or two more of ale; I then went out, down the Strand, and having this money saved up, unknown to any one, I redeemed a few things, and left the 18s. in the landlord's hand; I went the next day to Blackman-street, and bought the boots for 3s. 6d.; I then went to Leather-lane, and gave 1s. to Mrs. Wright to mend and wash my shirt.
GUILTY . Aged 25.— Confined Nine Months.
SARAH BRIDGES. I am cook to Mr. Richardson, of Belgrave-terrace, Holloway—I sleep in the top back room—I bad this work-box up there, but I left the key in it—on Saturday the 11th of May when I got up I had four sovereigns in it, and about two o'clock on Monday I missed one—I noticed some white paint on the lid of the box—some painters had been employed there on the Saturday—no one but the prisoner was employed in that room, I am sure of that—there were about five painters employed on the morning of Monday—I acquainted one of the servants and Cole—the prisoner came on the Monday and worked—he did not come on the Tuesday—on the Wednesday he came to work at the next house, which was empty—I was called into the next house, and found the prisoner with his hands tied behind him—Cole asked me what I charged him with—I said, "Taking a sovereign out of my box"—Cole said, "Are you not ashamed to rob this young woman of her money?"—he said, "I don't deny it"—Cole then said, "Give us some security for it, or give it up"—he said, "I can't give it up, I have not got it; I will work it out"—and then I went away.
Cross-examined by MR. PAYNE. Q. Who tied his hands? A. I heard Cole say he did—I had only known Cole since he first came to work there—I saw a card tied over the prisoner's breast, and Cole painted his face lead colour—Cole and I had no loving affairs between us—I gave them some ale—the prisoner had some—I gave him in charge on the 23rd, after he had taken out a warrant for the ill usage he had received—there were three other men at the house—I did not hear any one say anything but Cole—the prisoner did not appear to be suffering from the tightness of his hands, nor from the paint—he was not painted when I first went—they fastened him up to the railings, so that persons going along could see him—on the card there was written, "This is the fellow who stole a sovereign out of the servant's box."
CHARLES COLE . I was employed at this house on the Saturday—the prisoner was employed there in painting the spout at the back, with white paint—none of the others were painting with white paint—on the Monday Bridges told me what had happened—on the Wednesday I took the prisoner at another house—I tied his hands behind him, a card before him, and painted his face—I sent for the prosecutrix, and asked what she charged him with—he said he did not deny it—I told him if he did not give back the sovereign I would give him in charge—he said he could not give it up, he would stop and work it out—I had a brush of paint in my hand, and did what I was sorry for—I put it in his face, and tied him to the rails.
NOT GUILTY .
NEW COURT.—Thursday, June 13th, 1844.
Sixth Jury before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined One Month.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 40.— Confined One Year.
GUILTY . Aged 40.— Transported for Seven Years.
GUILTY . Aged 17.— Confined One Year.
GUILTY . Aged 18.— Confined One Month.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 33.— Confined Six Months.
GUILTY . Aged 26.— Confined Six Months.
GEORGE SAMUEL PARSLEY . The prisoners were in my employ. About half-past twelve o'clock, on the 13th of May, I met Hobbs in Worship-street, going in the direction of Tracey's, with a basket of phials—I said, "Harry, where are you going with those?"—he said, "To Whittaker's," alluding, as I expect, to a customer in Shore ditch who was in the habit of taking goods—I said, "Why come this way, why not go down Holy well-lane?"—he said, "I come this way sometimes"—I said, "Is Mr. Sharp (my partner) at home?"—he said, "Yes"—I followed him, and did not see him go into Mr. Whittaker's—I waited some time, expecting he had gone in—I then went to my warehouse and saw Mr. Sharp—I went to Hobbs's mother, and while there he came in—I said, "Where did you go with that basket of phials you said you were going to take to Whittaker's?"—he said they were not phials, they were flower-roots—I said, "Where were you going with them?"—he said, "To Fred's," meaning Tracey's—I went with him to Fred's, and asked Tracey where the phials were—he said, "There were no phials brought here, they were flower-roots"—I said, "Where is the basket?"—he took me round to the back of the premises and showed me one—I said that was not it—he said it was—I said I thought he was dishonest, and had been robbing me; I should like to go into his parlour—he refused, I insisted, and then he said there were two or three glasses there which he had taken, and he hoped I would forgive him—I found a number of glasses on his side-board, which he said he had taken, and was very sorry for it—I questioned him about the phials—he said he would tell me, and hoped I would forgive him—I said I would—I went with him to Brick-lane, and there I saw some phials in a basket—I am not able to say it was the basket Hobbs was carrying—I told Tracey I expected he had been robbing me for. some time—he said he had not.
JAMES HAYWARD (police-constable G 212.) I found the phials at the prosecutor's house, and told Hobbs at the station that they were both charged with stealing the glasses—he said it was no use telling a falsehood and denying he had done it, he was sorry for it—I did not give Hobbs any reason to believe he was charged with stealing anything else.
Cross-examined by MR. DOANE. Q. Other glass had been found at Tracey's? A. Yes—Hobbs was not present when I found them—when I took Hobbs I asked what he had done with the basket of phials—he said be knew nothing about it—at the station I said to Tracey, "You are both charged with stealing this glass, you understand that?"—Hobbs said, "It is quite correct, I am sorry for what I have done."
COURT. Q. That was relative to the phials? A. Yes, I am sure of that.
NOT GUILTY .
1653. ALFRED TRACEY was again indicted for stealing 12 glass tumblers, value 6s.; I glass goblet, 1s. 6d.; 6 wine glasses, 4s.; 8 ale glasses, 4s.; and 6 hyacinth glasses, 6s.; the goods of George Samuel Parsley and another, his masters.
NOT GUILTY .
WILLIAM CROW HARVEY , builder, Penzance, Cornwall. At half-past three o'clock in three morning of the 23rd of May I met the prisoner in Compton-street—she said she had not had anything to eat all day—I gave her a pint of beer and a biscuit—I told her I wanted to go to sleep more than anything else—she said she could get me a bed for 1s.—I said I was quite a stranger in London—she took me to a house—I gave her 3s., and paid the woman 1s. for the bed—I undressed and got into bed—the prisoner began to make a noise, and said I was a mean, paltry fellow—I put her outside the door, and put a chair against it, and put my trowsers under my head—I had four sovereigns in my pocket, two of the Queen's, and two of George IV.—I afterwards heard a noise in the room, and there were two women in the room—the prisoner wag one—they were just stooping to pick my trowsers up close by the door—the prisoner said, "Here is his paltry 3s."—she threw it on the table and went down stairs—I dressed, went down stairs, and found two women there—I said I had lost these sovereigns—the woman said she had not got them, but if any one had, it was the prisoner, who had then gone away—the policeman apprehended her, and found three sovereigns, and 19s. 6d. on her.
Cross-examined by MR. PAYNE Q. What had you been about? A. I had been on business—I had come from Paddington, where I had been with a friend for three hours—I had been to Harrow, and got there about twelve or one o'clock—I might have drunk about a pot of beer in the course of the afternoon—I had no spirits or wine—I drank about half a glass of beer with the prisoner—I was going to lodge in Compton-street—I had slept alone—I am quite sure I had my money in my pocket when I went there—I took out my sovereigns, and looked at them before I went to bed—I did not count the silver.
WILLIAM CARTER (police-constable E 5.) About seven o'clock in the morning of the 23rd of May, I met the prisoner in Drury-lane—she was drunk, and was disputing with a cab man about his fare—I saw some sovereigns in her hand—I directed another officer to take her to the station—I took three sovereigns from her, and 19s. 3d.—I afterwards traced where a sovereign had been changed, about an hour and a quarter before—she denied all knowledge of it, and said she did not know how much she had when she left home, that she met a Mr. Johnson in Long-acre, and he gave her three sovereigns.
NOT GUILTY .
WILLIAM NETTLESHIP , grocer. Duke-street, Manchester-square. I was coming home on the evening of the 16th of May, and met the prisoner about five yards from my shop with the box under his arm, containing 6lbs. of rice—I made inquiries, then went and overtook him at the corner of James-street, with the box—it was mine.
Prisoner. A woman came and gave it me. Witness. There was no person near.
GUILTY . Aged 14.— Confined Three Months.
GEORGE SQUIRES , greengrocer, Finsbury-market. I let out trucks. About half-past eleven o'clock on the 2nd of May, I lent a young man who I do not know, a truck for two hours—he took it away—I found it on the Saturday
after, at Mr. Gardiner's door—the prisoner was not the person who borrowed the truck.
WILLIAM GARDINER . On the afternoon of the 2nd of May the prisoner brought the truck to me, and stated he came from his master, who lived in Great Suffolk-street, Commercial-road, to sell it—I was not at home—my wife lent him 10s. till I came home, and then I gave him 2s. more, in the evening—he told me it was a person on the City-road bridge gave it to him, and he did not know him, and then he stated it was his brother.
Prisoner. Q. Did I not bring you a letter first? A. No.
WARNER GREEN (police-constable G 45.) The prisoner said he was in the habit of meeting a man in the City-road, four or five times a-week, and he had sent him to sell the truck; that the man lived in James-street, Commercial-road—I went there, and there was no such person or number.
Prisoner's Defence. About twelve months ago my brother gave me the letter: he had lent a man 6l. seven weeks ago, and he told me to meet this man, who was going to give him seven trucks for it—I took the track, sold it, and delivered the money to my brother.
GUILTY . Aged 16.— Confined Twelve Months.
(There were three other indictments against the prisoner.)
GUILTY . Aged 15.— Confined Two Months.
THOMAS GOOD . I am shopman to George Frederick Lambert This shovel was safe in his shop in Old-street, St. Luke's, at half-past three, on the 11th of May, about half-an-hour before it was brought by the officer.
Crack. I and Burgess saw a man in Petticoat-lane, who asked us to buy this shovel; he wanted a shilling for it.
CRACK— GUILTY . Aged 16.— Confined Three Months.
BURGESS— GUILTY . Aged 16.— Transported for Seven Years.
JAMES LEWIS ASHMAN (police-constable F 119.) I was at the fire in plain clothes, and I saw the prisoner, with three others, close up to the prosecutor—the prisoner's left hand came from under the flap of his coat, and put something into his pocket—I took the prisoner, and found this book in his left pocket.
Prisoner's Defence. I saw the book on the ground and picked it up.
GUILTY . Aged 19.— Confined Eighteen Months.
1660. JOHN DOUGHTY and JOHN BROWN were indicted for stealing 1 half-crown, 1 sixpence, 1 halfpenny, and 1 farthing, the monies of Elizabeth Williams, from her person; and that Brown had been before convicted of felony.
ELIZABETH WILLIAMS . I am a widow, and live in New-street, Bedford-street, Stepney. On the 28th of May, I was at Stepney Fair—the prisoners were close to me, conversing together, Doughty at my right elbow, and Brown at my arm—I had a half-crown, a sixpence, a halfpenny, and a farthing in my pocket—in a few minutes I put ray hand into my pocket to take out sixpence, pence, and found my pocket cut and money gone—there was a mark on the halfpenny, which I know—this is it—I can swear this was in my pocket-Doughty was nearest to me.
SAMSON DARE FROST (police-constable K 239.) The prosecutrix called to me—I took the prisoners to the station—I found a half-crown, a sixpence, ninepence in halfpence, and this halfpenny on Doughty—they each had a knife.
Doughty. The prosecutrix said it was an old half-crown she had, and mine was a new one; I changed a sixpence and had that halfpenny given me; she said there was another boy at her pocket, and she slapped his head.
DOUGHTY— GUILTY . Aged 17.— Confined Four Months.
BROWN— GUILTY . Aged 17.— Confined One Year.
DAVID MOORE , cooper, Back Church-lane. On Whit-Monday, the 26th of May, I was in a street leading from Stepney church to the fair—the crowd was very great—there was a sudden rush—I put my hand to my pocket, and my handkerchief was gone—the prisoner being nearest to me I seized him, he ran from me and dropped this handkerchief from his hand—it is mine—I picked it up—the policeman came up and insisted that I should prosecute.
Prisoner's Defence. I was passing from my work; there was a great crowd, and not room for one person to pass; I was carried off my feet; I know nothing about picking the prosecutor's pocket.
GUILTY . Aged 23.— Confined Three Months.
MR. DOANE conducted the Prosecution.
years. In consequence of something that transpired, I placed myself to watch him—about six o'clock on Tuesday morning, the 28th of May, I saw Riley-go to the gate of our yard, and let himself in with a key—I kept an eye on the premises—we have two entrances—I went round to Wardour-street, and saw the gates open—I then went back to the Dean-street entrance, and soon after Sharman came out of the Wardour-street entrance—I had not known him before—he had twelve boards, twelve feet long, on his shoulder—it was quite as much as a man could carry—I went round and met him in Queen-street—I stopped him—he laid down the boards—I asked him where he got them from—he said, "From your yard"—I asked what he had paid for them—he said, "Ten shillings"—I said, "What, only 10s. for so many boards? I suspect there is something wrong, and shall give you into custody for stealing them"—he went away, leaving the boards, and, as I did not see a policeman just at the time, I went into the yard—I saw Riley there—I asked him if any one had been there—he said, "No"—I said, "Has not the man out of Rose-street been?"—he said, "No"—(Sharman lived there)—I said, "He has taken some boards, and they are stolen, if you have not seen him"—he said he had not seen Sharman since Sunday last—I afterwards got a policeman, and went to Sharman's house, in Rose-street—he said he did not care, he had tendered half-a-sovereign, and the man could not give him change; he would explain it—I said, "You had better come up and explain"—the policeman was outside, and took him—I then went to the yard with the policeman, and saw Riley—I asked if Sharman had been there—he said, on his oath, he had not seen him since Sunday—I desired him to come to the Police-court—he came—Sharman was there—I made my statement before the Magistrate—then Riley said it was his fault, he let him have the goods, and he was to pay him after breakfast—upon that he was put into the dock—Sharman pulled out two half-sovereigns, and said that was the money he had borrowed to pay for it, but the man could not give him change—these boards are worth 16s. 2d., and are my master's.
Cross-examined by MR. PRENDERGAST. Q. Has Riley been entrusted to take money to the bankers? A. Yes—Sharman was not keeping a shop that I am aware of—I believe he calls himself a cabinet-maker—Riley has had orders not to quit the yard on any account—if a person offered money, and said if he could get him change he would pay for it, it would be his duty to let the person get change—Sharman produced the two half-sovereigns before the Magistrate at the close of the case—when I stopped Sharman be stopped talking to me two or three minutes—I went to him in ten minutes or a quarter of an hour, and found him at his house—I told Riley he would have to go before the Magistrate, and the officer was come down to go up with him—he said he was quite willing to go.
COURT. Q. Was Riley in the witness-box when he made this statement? A. No; I think he stood by the box.
THOMAS MARCHANT (police-constable C 49.) I received charge of Sharman—he said he paid the porter half-a-sovereign—I took him to the station, then went to the timber-yard with Latchford, and saw Riley—Latchford asked him when he had seen Sharman-Riley said, on his oath, he had not seen him since Sunday—I afterwards saw Sharman before the Magistrate—Riley was in Court, and heard Latchford give his evidence—Riley then stated it was his fault; that the man was to pay him at breakfast-time—I do not think he was sworn—after he had made that statement the Magistrate ordered him into the dock.
nine o'clock in the evening of Monday, the 27th of May, I was at Mr. Maley's shop in Rose-street, where Sharman lives—I saw the two prisoners together in Sharman's apartment till between ten and eleven o'clock.
Cross-examined. Q. Did you hear anything pass between them? A. No—the window was a little open—there was a light in the room—they appeared to be talking.
(The prisoners received good characters.)
SHARMAN— GUILTY . Aged 36.— Confined Six Months.
RILEY— GUILTY . Aged 36.— Confined Nine Months.
1663. EDWARD ROWE, EDWARD M'CARTHY , and HENRY HORNE , were indicted for stealing 30lbs. weight of lead, the goods of the Poplar Gas-light Company, and fixed to a building.—2nd COUNT, not stating it to be fixed; and that M'Carthy had been before convicted of felony.
GEORGE BANNISTER , carman, King-street, Poplar. At half-past six o'clock on Thursday morning, the 30th of May, I was opening my shutters—I saw Home and Rowe standing on the steps of the Poplar Gas-light Company, stamping something under their feet, as if doubling it up—on seeing me they left quickly—I went round and followed them, so that I could recognise them—I passed them and returned back, and found this lend on the stones—I called a neighbour, named Beale, to see it—we removed the lead into the yard, and I went to look for a policeman—I could not see one—when I returned Horne and Rowe were waiting outside—Rowe had a bag under his arm—just as I came up M'Carthy came up, and said, "Bill, it is gone"—I went after a policeman, and left my wife in charge of the lead.
Rowe. Q. Why not give us in charge when you passed a policeman in Penny-fields? A. I gave you in charge as soon as I saw one.
SARAH BANNISTER . I am the wife of George Bannister—he called me down stairs, and I went to the gate—I saw the three prisoners—one of them had a bag, and one of them (I cannot say which) said my husband said I was to give up the lead to them—I did not give it up.
SAMUEL WEBBER . I am gas-fitter to the Poplar Gas Light Company. I went with the policeman—when he brought the lead I knew it by the cut in it and the tear—I have every reason to believe it belongs to the Poplar Gas. Light Company—I had soldered and fixed it to the building.
Rowe's Defence. I was standing by Mr. Wright's shop; we went round and saw a piece of rag; I did not know there was any lead in it; we went down to Limehouse-hole and waited some time; we went back to Wright's shop, and saw M'Carthy; we understood that Bannister took the lead into his house; we went and asked for it; he came back and gave us in charge.
M'Carthy's Defence. I was watching for a job; I saw these two boys; they said Bannister took some lead from the stones; I said, "Why don't you give him in charge;" at a quarter past seven o'clock he went for a policeman; he took them, and I followed them down.
Horne's Defence. I was waiting for work; we saw a piece of lead on the stones: the witness came out and said, "I see you:" he then gave us in charge.
(Rowe received a good character.)
ROWE— GUILTY . Aged 19.— Confined Six Months.
M'CARTHY— GUILTY . Aged 19.— Transported for Seven Years
HORNE— GUILTY . Aged 19.— Confined Nine Months.
(There was another indictment against Horne and M'Carthy.)
1664. BENJAMIN EDWARDS and MARY ANN LEWIS were indicted for stealing 2 1/2 lbs. weight of ham, value 1s. 2d.; 1 3/4 lb. weight of bacon,10d.; 1lb. weight of butter,1s.; and 36 eggs, 2s.; the goods of William Henry Marley, the master of Edwards; to which
EDWARDS pleaded GUILTY . Aged 18.— Confined Ten Days.
MICAIAH READ (police-constable E 30.) I was on the watch on the 21st of May, and saw Edwards come out and look round—Lewis went into the shop—I saw her holding her apron near an egg chest, and Edwards was putting some eggs into her lap—I came away—Lewis came out, and went to the Portland-road, and there was joined by a man—I followed them into Mortimer-street, turned sharp round, the man saw me, and ran away—I stopped Lewis—I asked what she had under her shawl—she made no answer—I saw some butter and bacon—I said, "This is what I suspected"—she said, "Others have got more than I have; I did not take them, I had them given to me."
Cross-examined by MR. DOANE. Q. Did not she, "I did not steal them?" A. I do not think she made use of the word "steal."
LEWIS— GUILTY . Aged 22.— Confined Ten Days.
DENNIS GEARY . I live in Ratcliffe-highway. On the night of the 22nd of May I went into a public-house—I saw some females there I did not like—I went out, and the prisoner came and insisted that I should go home with her—I went to her house—I gave her half-a-crown, and desired she would lay out 1s., and return me 1s. 6d.—I took out my watch to know the time—she took it—I asked what she wanted with it—she put it in her bosom, and said it was all right—my handkerchief was in my hat—the prisoner took it, and went out—I went out, and saw the policeman—I did not see the prisoner again till she was at the station—I had had some liquor, but knew what I was about—I did not give her the watch—I had both gold and silver—this is my watch.
Prisoner's Defence. In going home he took his handkerchief out of his hat, and placed it round my neck; he said he had made up his mind to have a spree, and not having more money he gave me his watch to pledge for 2l., if not I was to get 30s.; he said he would wait till our return, and on our return the policeman came and took me.
GUILTY . Aged 21.— Confined Three Months.
CUMMINGS pleaded GUILTY . Aged 13.— Confined Three Months.
About one o'clock on Friday, the 31st of May, I went into the house, and saw Bevan fall from the store-room window in front of the scullery window—he got up, and run away—I then saw Cummings fall down immediately after—he got up, and they both ran away—I ran after them—when I got out coat—he put it down into the late Marquis of Hertford's grounds—we brought him back to the place—we went to where he put something down, and there found these two cruet-stands—they are my mistress's, and had been in the parlour fronting the area.
Cross-examined by MR. PRENDERGAST. Q. You did not pick them up? No, I saw them picked up—the park-keeper took possession of them—I caught Cummings first, and gave him in charge of the park-keeper—Bevan ran a different way to Cummings—he was taken a few yards from the property.
JAMES GEORGE . I heard a cry of "Stop thief"—I saw Bevan run—I ran towards him—he dropped something in the late Marquis of Hertford's grounds—I stopped him, and went back to the place—I saw another person pick up these two cruet-stands.
BEVAN— GUILTY . Aged 23.— Confined Nine Months.
MARY HART . I live in Rouse's-gardens, Queen-street, Chelsea. On the evening of the 25th of May I went to Mr. Hyam's, a pawnbroker, at Fulham—I had not been in above five minutes before I found the prisoner's left hand in my right hand pocket—I pushed him away, and he ran off—I had 3s. 3d. in my pocket, and 2s. 3d. of it was gone—the policeman overtook him—he gave it me back in the passage in scuffling with him.
Cross-examined by MR. PAYNE. Q. When was he brought back? A. In about three minutes—I am sure he is the person—I felt his hand in my pocket.
JAMES SKELTON (police-constable B 4.) I saw the prisoner running very fast—he fell down—a man came up, and said, "Take him, he has committed a robbery in the pawnbroker's shop; I have tusselled with him till I am quite out of breath"—the prosecutor then came up, and said, "That is the man that robbed me"—the prisoner said two men had been fighting in the shop, and torn his coat—this is the flap of his coat.
GUILTY . Aged 21.— Confined Six Months.
Cross-examined by MR. PAYNE. Q. Where was the property found? A. At the pawnbroker's—it has my own mark on it—I know it had not been sold—I have two men and a boy.
things in the prisoner's box, at the prosecutor's house—the prisoner opened the box with her keys.
Cross-examined. Q. When were they found? A. After she had been in custody two days—she made two attempts to run away.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined One Year.
(There was another indictment against the prisoner.)
GUILTY . Aged 17.— Confined Two Months.
GUILTY . Aged 20.— Confined Six Months.
GUILTY .— Confined Two Months.
1672. JOHANNAH HAYES was indicted for stealing 2 scarfs, value 2s. 6d.; and 3 yards of ribbon, 6d.; the goods of James Wainwright; and 3 shirt-studs, value 1s.; 1 pair of scissors, 3d.; 1 scarf, 2s.; 1 pocket, 3d.; 1 thimble, 1s.; and 3 yards of ribbon, 6d.; the goods of Mary Ann Russell: to which she pleaded
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 17.— Confined Three Months.
1674. THOMAS STUBBS was indicted for stealing 3/4 yard of Valencia, value 10s. 6d.; and 3 yards of linen cloth, 2s. 6d.; the goods of Henry Cocking, his master; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 21.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Three Months.
1676. CAROLINE TRAPP was indicted for stealing 7 printed books, value 18s.; 1 handkerchief, 6d.; 4 prints, 4d.; 1 shirt-collar, 1d.; and I worsted comforter, 1d.; the goods of Thomas Robinson, her master; to which she pleaded
GUILTY . Aged 37.— Confined Three Months.
WALTER CALDWELL . I am in the service of Lea Wilson and two others, silk-manufacturers, Goldsmith-street. On the 18th of May the prisoner came to buy some handkerchiefs—I showed him some—I saw him putting a parcel into his pocket—after that I came to him, and said, "There are some other handkerchiefs which I wish you to look at"—he then asked me to show him satin ones, which he had seen on a former visit—he said, "I shall call
again and buy some"—I accompanied him to the door, and said he had some handkerchiefs in his pocket—he denied it—I insisted on it—he said, "If there are, I did not put them there"—after insisting some time, he put his hand into his pocket, drew out these handkerchiefs, and attempted to throw them into the corner of the warehouse—he had not bought any—they are my master's.
Cross-examined by MR. BALLANTINE. Q. How long have you been in your master's service? A. About two years and a half—I did not know of the prisoner being a customer before—he was quite sober.
HENRY COLE . I am warehouseman to Lea Wilson and others—I saw the prisoner at our warehouse—Caldwell was engaged in serving a customer when the prisoner first came in—Caldwell showed him some handkerchief—I watched, and saw Caldwell stop him—I saw the prisoner draw some handkerchiefs out of his pocket—he threw them into a corner—I picked them up, and kept them in my hand till the prisoner seized them and tried to mix them with some other goods—he got them out of my hand—I told him it was no use, I was too well acquainted with them to have them mixed—they are my master's.
Cross-examined. Q. Have you ever said that the prisoner attempted to get possession of these again? A. Yes, I mentioned it before the Magistrate—I have been in the prosecutor's employ about twenty years—I do not know of the prisoner's being a customer.
Cross-examined. Q. Did he appear excited? A. Yes. (The prisoner received a good character.)
GUILTY . Aged 51.— Confined Three Months.
ELIAS OCTAVIUS SYMONS , builder, Exeter-street. At a quarter to seven on Wednesday evening, the 15th of May, I was in Long-acre with two ladies—some one called out as we crossed James-street—I looked round, and saw a person holding a lad—he called out, "Have you lost your handkerchief?"—I put my hand to my pocket and said, "Yes"—I had had it in my pocket and used it ten minutes before—this is it.
JOHN CRAMP . I am foreman to Mr. Nathan, a tailor. On the evening of the 15th of May, I saw the prisoner and two others walking behind the prosecutor—as far as I recollect the prisoner had his hand in the prosecutor's pocket, and drew out the handkerchief—I picked it up at a shoemaker's shop at the corner of James-street—I took the prisoner, and called to the prosecutor—the other two made their escape.
Cross-examined by MR. PRENPERGAST. Q. The other two ran away at the very moment? A. Yes—I cannot positively say that the handkerchief was in the prisoner's hand—the other two might have thrown it away.
NOT GUILTY .
1679. HENRY NORVALL and JOHN HUXTABLE were indicted for stealing 21 deer-horns, value 3s.; the goods of Elizabeth Whitehorn, the mistress of Norvall.—2nd COUNT, stating them to be the goods of William Kirkman.
WILLIAM WHITEHORN . I manage the business of my mother, Elizabeth Whitehorn—she is a carwoman in New-road, St. George's—Norvall has been two years in her employ—at the beginning of May we received from Brown, at Kirkman's office, 2 tons and 24lbs. of deer-horns, to deliver from the East India Docks—I had a warrant to deliver them—I had directions to cart them
to Griffin's wharf, Tooley-street—on the 9th of May I sent that warrant to the East India Docks, by Kipling—Norvall was to go with it—I told him he was to cart 2 tons and 24lbs. of deer-horns from the East India Docks to Griffin's wharf—when he came back he said in consequence of the time it took to load the wagon, he could not complete it that day—I sent him the next day to complete the order—Huxtable had nothing whatever to do with Norvall or my cart—this is the warrant I gave to Kipling.
Cross-examined by MR. BALLANTINE. Q. Who were you employed by? A. My mother—my directions to Norvall were verbal.
JAMES BROWN . I am clerk in the East India Docks—on the 9th of May I received a warrant from Norvall for 40 3/4 cwt. of deer-horns—I entered it, and gave it to the foreman to deliver the goods—I know he delivered part of them on the 9th into Whitehorn's cart.
Cross-examined. Q. To whom did they belong while they were in the warehouse? A. To the Dock Company, but the warrant is made out to Robert and John Henderson, who are the consignees of the goods.
GEORGE EDWARDS . I am employed at Griffin's wharf, Tooley-street. I remember the prisoners coming with a load of horns in the cart—I was assisting in unloading the cart—I then jumped out and began to trim the horns, and left the two prisoners in the cart—Huxtable asked me the value of the horns—I said I thought not much.
JAMES FASSETT . I am a labourer, in the employ of Mr. Aspin, of Morgan's-lane, Tooley-street. A little after eight o'clock on Friday night, the 10th of May, I was in the lane—I saw the prisoners in the cart—as I passed I heard a noise—I turned back, and saw them putting some horns in a bag, or sack—James Dew was with me—I was going on, and Dew came after me—I stopped at the top of the lane—the policeman came up, and Dew told the policeman—after the prisoners had put the horns in the bag, they undid their hurdles, and put them on the bag.
HENRY HUNT (police-constable M 82.) On this Friday night I was spoken to, and followed the cart—Norvall was driving it—Huxtable was in the cart—I followed it to Whitechapel—Norvall stopped at the corner of a court, and Norvall took some horns in his hand, and went up the court—he was gone twenty minutes or half an hour—he came back without the horns—he went on and stopped again, and Huxtable got out, and Norval handed him a bundle of horns—Huxtable was going in the direction of the court where the cart had first stopped—I and Orams went and asked him where he was going to take them—he said to a public-house up a court, and he received them from a carman—I went after the cart and stopped it—I asked Norvall if he had given any one anything to carry—he said, "Yes, some horns"—Orams came up with Huxtable, and Norvall said, "That is the man I gave them to"—I asked him where they came from—he said, over the water, and these were some that hung about the hurdles—we went to the court, and Mrs. Clark produced some horns—she said they were left by Norvall to take care of for a short time—there were eighteen horns in the parcel which Huxtable had.
EDWARD ORAMS (police-constable H 18.) I was in Whitechapel, and saw Hunt following the cart—Huxtable was sitting in the cart—Norval came out of a court and got into the cart—he then stopped—Huxtable got out and took a bundle from Norvall—I stopped him—I went to a public-house and got three horns.
Man. On this Friday, Norval came to me, and left three horns to take care of for a few minutes till he came back.
Huxtable's Defence. Norval asked me to go over the water, and help him unload; after we had done, these were left about in the hurdles; Norval was going to take them the next morning; he asked me to take them, and leave them at the Green Man, Castle-street; I was going, and the policeman stopped me.
NORVAL— GUILTY . Aged 19.
Confined Six Months.
HUXTABLE— GUILTY . Aged 22.
Recommended to mercy.
confined Three Months.
GUILTY . Aged 51.— Confined One Month.
1681. JOHN QUINN and JOHN KELLY were indicted for stealing 1bag, value 1s.; 3 pairs of trowsers, 6s.; 6lbs. weight of soap, 3s. 6d.; 1 set of clew-lines, 2s. 6d.; and 2 brushes, 1s.; the goods of George Johnson; and that Quinn had been before convicted of felony.
WILLIAM BOWYER (police-constable F 139.) About twelveo'clock on the night of the 22nd of May I was in Long-acre, and saw a cab at the door of the Feathers public house—I was called into the house, and took a person into custody—as we were taking him to the station, I saw the two prisoner—Kelly got up behind the cab, and rode part of the way—I walked by the side of the cab—a sailor was in the cab, but the prosecutor was not—I took the person and the prosecutor to the station, and left the cab at the station-house door.
JOHN SILVER . I lodge at the Feathers, in King-street, Long Acre. Ata quarter before twelve o'clock, on the 22nd of May, I was there—I saw the prosecutor there with another sailor—they were both intoxicated—there was a disturbance about some money that was lost—the policeman was called, and the man given into custody—I saw the cab driven from the public-house to the station—the two prisoners followed the cab—I saw Kelly riding behind part of the way—the prosecutor and the man he had in charge went to the station—I stayed outside the station with the cab—a sailor was in it—I saw Kelly minding Quinn take a bag out of the cab, and go up an open passage called Russell-court—I pursued and hallooed to him—directly I hallooed, he dropped the bag—the officer took it up, and took him—I had seen the prisoners together at the public-house.
Cross-examined by MR. PAYNE. Q. Where were you when you saw him take the bag? A. Standing against the station door, three or four doors from the Marquis of Anglesea, which the cab-man and the sailor went into—my friends live in the country—I was apprenticed to my uncle, who was a baker—it is two months ago since I have done anything in the baking-line—I had been staying at this public-house about a week—Wilks lodged at the Feathers.
Cross-examined by MR. BALLANTINE. Q. Did you see Wilks at the time this bag was taken? A. He was outside—he had the same opportunity of seeing what passed—he was two or three yards from me—the Feathers is three quarters of a mile from the Marquis of Anglesea.
JOHN ALLEN . I heard of this, and followed Quinn into Crown-court, with this bag under his arm—I ran after him out of Russell-court into Crown-court—he dropped this bag—I took him, and Sadler picked it up.
Cross-examined by MR. PAYNE. Q. How near were you to Quinn when
you first saw him? A. Not twenty yards, and I caught him about 100 yards off—I am quite certain he is the person.
GEORGE JOHNSON . I am a seaman, belonging to the Vernon frigate. On the 22nd of May I was paid off—I got into a cab, and went to two public-houses, and drank there—I had a bag in the cab—when I was at the Feathers there was a row, and the policeman was sent for—I went to the station with the policeman and some man who was taken—the cab went with us to the station, and my shipmate in it—when I got there I went with the officer and the man who was in custody—the cab was by the station door—I was not drunk—I was rather merry—I know this bag—here is a tally on it with two crosses cut on it, and these are my things—they were in the cab that evening—I never saw the prisoner.
THOMAS COOK . I am a cab driver. I was hired by the prosecutor and another man on the evening of the 22nd of May, at London-bridge, to drive to Brook's market—this bag was put into the cab—I drove them to four public-houses, and from the Feathers to the station—the other man wanted something to drink—I went into the Marquis of Anglesea with him, leaving the cab in care of Kelly—I am certain the bag was in the cab then, because I told him to mind it.
JOHN WILKS . I am an engineer, and live at the Feathers. I remember the prisoner being there, and the sailors in the cab—I went down to the station from the Feathers—there had been some row, and there was a charge going to be made—I stopped outside while the black (the prosecutor) went in to give charge of the other man—Quinn and Kelly stood talking together—then Quinn took the bag out, and went up a court leading to Bow-street—I and Silver followed him round Russell-street, and into Crown-court, and there apprehended him—he dropped the bag at his feet the moment we took him—I swear that this is the same bag.
Cross-examined by MR. PAYNE. Q. How long since have you done any engineering? A. A week ago, for Mr. Meacock, on Snow-hill—he is no relation to Mr. Meacock who keeps the Feathers—I have been a witness twice—they do not call me Snipey, that I know of—I never heard any one call me by that name—I do not follow the police to give evidence, and get my expences.
WILLIAM GEARS (police-constable L 98.) I produce a certificate of the prisoner Quinn's former conviction, which I got from the Clerk of the Peace of Surrey—(read)—the prisoner is the person—I was present at the trial.
QUINN— GUILTY . Aged 24.— Transported for Seven Years.
KELLY— NOT GUILTY .
CHARLOTTE SMITH . I am the wife of Henry Smith. About one in the afternoon of the 23rd of May, I was at my window in Castle-place, Castle-street, Finsbury—the prisoner came to my window to sell wood—I told him I could not purchase any, as I had nothing less than a half-sovereign—he said, "I will get you change at the corner, if you will give me the half-sovereign"—he left his baskets, and took my halfsovereign to get change—I did not see him again till at station—i did not know him before—I am sure he is the person—I looked out about two minutes after—his donkey and cart were gone, and never came back.
WALTER WHITE (police-constable G 168.) I received information and took the prisoner—he said he had a half-sovereign from the prosecutor, and lost it going to get change, that he meant to bring half-a-crown on the Monday, but did not like till he got the whole of it.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy.— Confined Three months.
SARAH ANN HANKS . I am single, and live in Phoenix-place, Somerstown. The prisoner was married to my cousin—on the morning of the 21st of May I went from my apartment at nine, and left the door locked—I returned at ten at night, and found part of the partition of my room broken down—I had left a box of clothes in the room—I missed these articles—the prisoner lived in the same house—next morning I asked him if he would give me up the tickets—he said the things were quite safe—I asked if he would give me the money—he said he had got no money—I asked if he would give me the tickets—he said he tore them up—these are my things.
Prisoner's Defence. The prosecutrix owed my wife 7s.; we have been in the habit of pawning her things at her own request; my wife had permission to pledge these things, and told me to take them as I wanted to make up some money; I intended to get them out the same day.
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined Three Months.
1684. ESTHER LEWIS was indicted for stealing 2 sheets, value 4s.; 1 bolster, 15s.; 1 blanket, 6s.; 1 counterpane, 5s.; 1 pillow, 1s.; 2 quilts, 3s.; 1 table-cloth, 2s.; and 1 pillow-case, 6d.; the goods of John Glanville Durbridge.
ELLEN DURBRIDGE . I am the wife of John Glanville Durbridge, of Charles-street, Stepney. The prisoner hired a room at my house—she was there three months—a week ago I went into the room to take the dimensions of a bolster—the prisoner was there—I missed the articles stated—these are them—they were let to the prisoner with the room.
MICHAEL KELLY (police-constable K 144.) I took the prisoner—she was charged with stealing these things—she said she was sorry for what she had done, and delivered up eight duplicates—some more duplicates were found on her.
(The prisoner pleaded poverty.)
GUILTY . Aged 38.— Confined Three Months.
Clerkenwell. On the 31st of May the prisoner came into the shop and asked if I could take 1d. for a rasher of bacon—I said no—she went out—I went out and found a piece of bacon in her apron—I missed it from the window.
GUILTY . Aged 38.— Confined Fourteen Days.
NEW COURT.—Friday, June 14, 1844.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 24.— Transported for Seven Years.
GUILTY . Aged 10.— Confined Ten Days and Whipped.
GUILTY . Aged 26.— Confined Three Months.
1689. MARY COVENTRY was indicted for stealing 1 counterpane, value 1s. 6d.; 4 sheets, 3s. 6d.; one table-cloth, 1s.; 1 quilt, 1s.; 1 shawl, 1s.; 1 carpet, 3s.; 1 blanket, 2s.; 2 towels, 1s.; 1 bed-tick, 3s.; 1 cloak, 1s.; also 1 quilt, 4s.; 2 sheets, 2s.; shawl,1s. 6d.; 3 towels,1s.;1 waistcoat, 1s.; 1 cape, 6d.; 2 petticoats, 6d.; 1 bolster-case, 6d.; 3 aprons, 1s.; 3 shifts, 6d.; 1 tea-kettle, 6d.; 1 pair of pattens, 6d.; and 1 pair of clogs, 6d.; the goods of John Parry; to which she pleaded
GUILTY . Aged 40.— Confined Six Months.
GUILTY .— Confined Two Months.
GUILTY .— Confined Two Months.
GUILTY . Aged 20.— Confined Nine Months.
GUILTY . Aged 66.— Confined Three Months.
1694. PERTHENIA ELLIS was indicted for stealing 1 blanket, value 7s., the goods of James Folsum: and 3 blankets, value 6s.; 1 bolster, 7s.; and 1 pillow, 3s., the goods of Elizabeth Gardner; to which she pleaded
GUILTY . Aged 20.— Confined One Year.
GUILTY . Aged 32.— Confined One Year.
NOT GUILTY .
WILLIAM TERRY , grocer, Hatton-wall. The prisoner was my porter—when I came down on the 31st of May, I saw him close to an 84lbs. tea canister, with one hand in the canister, and the lid in the other hand—I asked what he was doing—he said, "Nothing"—I found a quantity of tea in his pocket which corresponded with the tea in the canister—he had no business with it.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy.— Confined Ten Days.
1698. JOHN PRENTICE was indicted for stealing lloz. weight of glue, value 4d.; 13 pieces of veneer, 6d.; 1 bottle 2d.; 1/4 of a pint of varnish, 6d.; and 8 pieces of sandpaper, 1d.; the goods of William Barker, his master.
WILLIAM BARKER . The prisoner was my servant—I can swear to this glue and veneer being my property—I have missed it—I left the key of my warehouse with my wife, and this property safe, about nine o'clock in the evening of the 1st of June.
ANN BARKER . I am the prosecutor's wife—the prisoner came to me, in the parlour, for a light—I told him I could not spare one, but to get himself one—he then left the parlour—his master came in soon after, and gave me the key of the shop—he gave me some directions—the prisoner came in after his master was gone out and asked for the key—I told him I had no key to give him, his master had it—he then left the room, and stood at the end of the shop, where I saw he had some glue, a bottle of varnish, and glass-paper, and the veneer under his arm—he said he had nothing—I said I would see what nothing was—he then said he had nothing but what Alfred gave him.
Prisoner's Defence. I admit having taken the articles to make two small picture frames, it being usual for apprentices to make use of any articles that have been thrown aside.
NOT GUILTY .
1699. JAMES PARKER was indicted for stealing 1 cloak, value 10s.; and 1 shawl, 5s.; the goods of Thomas Webb.—2nd COUNT, stating them to be the goods of James Webb; and that he had been before convicted of felony.
GEORGE FARDELL . I live with Mr. Webb, a livery-stable keeper, in Redlion-street, Whitechapel. On the 13th of May I heard a horse coming down the yard, and saw the prisoner leaving a chaise belonging to Mr. James Webb, of Plaistow—I asked the prisoner what he wanted—he made no answer—I asked him again, and he ran out—I went after him, and, in Colchester-street, he said, if I followed him he would punch my head—he ran on till he came to a policeman, who took him.
Cross-examined by MR. PAYNE. Q. Who is James Webb? A. I do not know—my master is Thomas Webb—the chaise was under my master's care, standing in the yard to bait.
WILLIAM STEVENS . I was in the yard, and saw the prisoner standing at the chaise with a cloak and shawl in his hand—when he heard the step of my horse he threw the things into another chaise and ran away.
Cross-examined. Q. How far was it from the yard? A. About two hundred yards—he had ran through two streets into the Tenter-ground—when I got back to the yard the cloak and shawl were lying at the bottom of the chaise.
GUILTY . Aged 24.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
WILLIAM LUFF , pawnbroker, Crown-street, Finsbury. Between eight and nine o'clock in the evening of the 23rd of April, the prisoner came to my shop, and brought nine bagatelle balls—I asked him if they belonged to him—he said they did—I asked where he lived—he said in Moneyer-street, City-road, with his father—I said I suspected something, and should detain the balls—he said he would fetch his father—when he went I fetched a policeman—the prisoner returned to the door, and when he saw the policeman he ran away.
Cross-examined by MR. PAYNE. Q. Did you go to No. 7, Moneyer-street? A. I did a fortnight after—I found that the prisoner's parents lived there—in consequence of what they said I was enabled to find out where he was—the policeman found him at his master's—I gave the balls to the policeman G 167.
JAMES BRANNAN (police-sergeant G 20.) These balls were brought to the station by G 167—I went to Mr. Stannard's on the 2nd of May, and saw the prisoner—I asked how he came possessed of the balls that he offered in pledge at Mr. Luff's, when he ran away—he said, "I went to Greenwich fair on Easter Monday; I saw a blackguard-looking chap offering them to two swells under a tree, and I bought them"—he said be did not run from the pawnbroker's—I showed him the balls at the station—the prosecutor pointed out one of them with a dot on it, and the prisoner said "Yes, it has been plugged."
Cross-examined. Q. Did you go to Moneyer-street, and find his mother? A. Yes, and from what I heard I found him at his master's.
Cross-examined. Q. How do you know them? A. There is a very particular mark about them—I had them about half an hour—one of them in particular is plugged, which is very seldom the case.
GEORGE WILLIAM DIXIE STANNARD , ivory-turner, Woodbridge-street. The prisoner was my apprentice for three years and a half—I make some thousands of sets of bagatelle balls—I know this ball, it has been plugged—I have no doubt about it—I said so at the station, in presence of the prisoner—I heard him state what Brannan has said.
Cross-examined. Q. When there is a hole in the ball they are plugged? A. Yes, but it is done with stuff that matches the ball, and this does not match, it is a defective ball, and one I should not sell—I should stain it so as to hide its defects.
GUILTY . Aged 18.— Confined Six Months.—(See page 268.)
JOHN JOLLY , chair-maker, Steven-street, Tottenham-court-road. The prisoner was my journeyman—on the 29th of May I gave him a bill on Mr. Hewson for 3l., and told him to go for it—he ought to have paid it to me in half an hour—he never came back, nor paid the money.
JOHN CARTWRIGHT WOOD (police-constable E 24.) I found the prisoner drunk in a public-house with two prostitutes—I said he must go with me—he turned round and said, "I will be d——d if I do"—he said, "What have I done?"—I said there was a charge against him by Mr. Jolly—he said, "Oh, my God, I am done"—in going along he said, "I received 2l.15s., and did not take it home as I should have done, but I spent some"—I found 10s. in his pocket the next morning, and he declared it was all he had; but in his fob I found 17s.
(The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy.— Confined One Month.
GUILTY . Aged 53.— Death recorded.
MR. DOANE conducted the Prosecution.
GEORGE WILLIAM DIXIE STANNARD , ivory-turner, Clerkenwell. The prisoner was my apprentice, and then journeyman—his brother was in custody, and I asked the prisoner if he had pawned any bagatelle balls—he said yes, but they were his own—I asked where he procured the ivory, and he named three places—I asked where he had procured the sea-horse, and he named one place—he gave me some duplicates, and I gave them to Redman.
Cross-examined by MR. HORRY. Q. Do you keep any books? A. Yes—I have seen these balls—my apprentice has told me that the prisoner has turned balls with my lathe—I do not know it as a fact—I would not allow my lathe to be used to turn other persons' ivory—I have never complained of my apprentice turning balls of other persons' ivory—as far as I know these were not balls when I lost them—I cannot swear to any of these—they might have been turned out of other persons' ivory.
MR. DOANE. Q. Here are eight balls? A. Yes—I cannot say that I have missed balls; I missed a great quantity of ivory—I do not know of any other persons' ivory being brought to my place.
JAMES REDMAN (police-constable G 224.) On the 8th of May the prisoner's brother Edward was in custody—the prosecutor made a communication to me the day before, and gave me five duplicates—while I was at the Police-court I saw the prisoner outside—I told him I should take him into custody for being concerned with his brother in robbing Mr. Stannard—he said, "I have come here to give myself up"—I then showed him the five duplicates, and told him I had received them from Mr. Stannard—he said, "Yes, I took them and pledged them, and there are some more at Mr. Howe's and Mr. Peachey's, but I have destroyed the duplicates; I have been so dreadfully agitated ever since my brother was taken."
Cross-examined. Q. Was he not examined and allowed to go? A. Yes, on bail, to bring the persons that he bought the ivory of—the persons came, and denied that he bought any of them—no receipts for ivory were produced at the Police-court.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined One Year.—(See page 267.)
MR. PARRY conducted the Prosecution.
JAMES BUTCHER . I am porter to Williams and Hatton, shawl-merchants, Regent-circus, Oxford-street; the prisoner was in their employ also. On the 23rd of May, in consequence of suspicion that I entertained, I marked half-a-crown and placed it at the bottom of the partition that inclosed the desk—I placed it on the floor at ten o'clock, and a book was covered over it—I came home at eleven, and went down stairs—I came up stairs again, about a quarter-past eleven, I found the half-crown was gone—the next morning, about half-past six, I informed my employer—the policeman was sent for, and the prisoner given into custody.
Cross-examined by MR. ADOLPHUS. Q. How long have you and the prisoner been fellow-servants? A. I have been there about four years, and he about twelve months—he was my equal—I, the prisoner, Williams, and Jones, slept in the shop, two in each bed—before I marked this half-crown, I showed it to my fellow porter, Williams—he saw me mark it—it was my own half-crown—I knew at the time that the prisoner had given notice, and was going to quit the service next day—I never knew him to bring a woman to sleep in the shop—I never did so myself—I had a quarrel with the prisoner about a fortnight before this—I do not know that I threw water on him—I had been out with a few friends, and came home, and was larking with the prisoner—he seized me, and I struck him—I do not recollect his saying to me, when I was admiring myself in the glass, "I think you will do very well"—I do not recollect saying I would lay a sovereign he did not go into the country after all—I might have said so.
MR. PARRY. Q. Were you a little intoxicated at the time of this quarrel? A. Yes—I did not quarrel with him about stealing any money.
STEPHEN OVENDEN (police-constable D 80.) On the morning of the 24th of May, at half-past seven o'clock, I was called to Williams and Hatton's shop—they gave the prisoner into custody—I asked if he had any money about him—he said, "No"—I asked if he had in his boxes—he said, "Not a farthing"—I found on his person two keys, and 3 3/4 d.—I kept the keys till his boxes were brought in from below—I unlocked them—on the top of the first box, after removing a coat, I found this canvas bag, containing two half-crowns, and one shilling—the prisoner asked if I was going to open them—I said, "Yes"—he said, "I don't wish them opened, because there are things there which I don't wish any one to see"—one of the half-crowns is marked—I showed it to the prisoner, and he said he received it the night before about eleven o'clock of a man named George, in Shepherd's-market, in payment for a pair of white trowsers—the boxes contained some very good clothing.
(The prisoner received a good character.)
GUILTY. Aged 27.—Recommended to mercy.— Confined Two Months.
JAMES SNOWDEN , linendraper, Lower-road, Islington, On the 11th of June, I stopped the prisoner about a hundred yards from my shop, with this piece of print—I saw her drop it—I had seen it safe about two minutes before.
JAMES M'DOUGALL , chemist, Lower-road, Islington. About a quarter before three o'clock in the afternoon I was in my shop, and saw the prisoner take this print from inside Mr. Snowden's shop—I went to him, and we went after her, and took her a hundred yards from the door with it.
Prisoner's Defence. I was walking by, heard a call, and I stopped.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 28.— Confined Two Months.
GUILTY . Aged 25.— Confined Three Months.
MR. DOANE conducted the Prosecution.
JAMES SCOTT . I am librarian to the Horticultural Society of London—their office is in Regent-street—the prisoner was in their service for nearly fourteen years—he was authorized to receive subscriptions, and had done so frequently—he was either to account to me for the money, or, in my absence, to Mr. Davis, the accountant—we have exhibitions of botanical subjects, and have tickets for admission, which are issued to subscribers and fellows—the prisoner had received money for these tickets occasionally, and it was his duty to pay it at once to me or to Mr. Davis—Mr. Thomas Ansell, of Camden-town, was a subscriber of four guineas—there are prizes of various amounts given to the competitors for flowers,—there was a silver medal worth 1l. 4s. due to Mr. Ansell—I had prepared twenty-four tickets for Mr. Ansell, in April—I understood they were to lay on the place appointed for them on my desk, till they were sent for—on the 10th of April the prisoner did not account for 3l. 4s., as having been received from Mr. Ansell—Mr. Ansell being entitled to 1l. 4s., that being deducted from his subscription, there would have been 3l. coming, but no such sum has been received—on the 7th of May I did not receive 2l. 19s. from the prisoner, as having been received as part of the money for the twenty-four tickets—my attention was at first called to the absence of these twenty-four tickets about the 27th or 28th of May—I had missed them, and made inquiries of Mr. Ansell—(the prisoner had left our service on the 11th of May)—I sent for the prisoner—he came on the 29th—I told him twenty-four tickets belonging to Mr. Ansell were missing, and, to my surprise, on sending to Mr. Ansell, I found he had the tickets, that he had paid for them, and that he had paid the balance of his subscription also—I urged upon him the impropriety of his conduct, and asked what he had to say—he immediately said, "I have received it," or "I acknowledge I have received it," and expressed great sorrow—he said, "I have lost a portion of it; I have been very ill, otherwise I would have brought it to you"—I said he ought to have communicated the circumstances to me—he said he did not like to come and tell me till he had made up the sum—having only his verbal communication, I requested him to put it down in writing, which he did—he acknowledged having received the money, and wrote it on this paper—I then said I would give him till five o'clock that afternoon to bring the money, or I must report him—he
came at five—he had not been able to get it—I gave him till five the next day—he came a second time without it, and I reported him to the secretary.
Cross-examined by MR. PRENDERGAST. Q. You had made out these tickets yourself? A. Yes, to be delivered in case they were wanted—the prisoner ought not to have taken them, except Mr. Ansell sent for them—we give these out to our members with certain numbers, which have gone as high as 22,000 or 23,000, but the members do not benefit by them—we have a great number of tickets besides that number on our premises—they were accessible to the prisoner, so that he might have supplied himself with some of these plus the 22,000—as these tickets were put out for Mr. Ansell by myself I should be sure to miss them—I should not have missed the others for a very long time, and perhaps not at all—the prisoner gave me this acknowledgment quite readily—the receipts are generally made out in the cashier's same, and the subscriptions are generally paid to me.
THOMAS ANSELL , gardener and nurseryman, Camden-town. I am a subscriber to the Horticultural Society, and have been so for years—on the 10th of April I saw the prisoner—my subscription was due—it was four guineas—I had been entitled to a medal—a deduction was made of 1l. for my medal, and I paid the prisoner 3l. 4s.—I knew that a show was coming on, and had some conversation with the prisoner about the tickets—I was entitled to twenty-four—I said that his brother had made application for six of the tickets, and I had consented to it—I called at the office in Regent-street, but did not get my tickets owing to some meeting being there—on the 4th of May the prisoner saw me at Covent-garden market—he had eighteen tickets in his pocket, which would come to three guineas—when I was about settling for these tickets, he said on looking over the book he found I was entitled to 24s. for the medal instead of 20s., and it was proposed to make me this allowance on this occasion, and I paid him 2l. 19s.—I afterwards received a communication from Scott.
Cross-examined. Q. You went and could not get the tickets? A. Yes, I saw the prisoner—he said he should be my way and would leave them—he had told me before that that he would bring them—I received them in the market, and I had not the money with me then to pay for them—he was in the habit of calling now and then on other business—he never asked me for the subscription—we had very little conversation—I never offered my subscription to his brother—I might have said something to him about it, but I do not remember it.
MR. DOANE. Q. to whom did you make your first application for the tickets? A. To the prisoner—not at the Society's offices—I had the conversation with the prisoner at my own nursery-ground at Camden-town—I asked him whether I was in time to make application for these tickets—he said yes, to-morrow was the last day—I then asked him to make application for them, and I believe he did so.
Cross-examined. Q. What are you? A. Accountant to the Society—I receive the money if it is duly accounted for—I very rarely take the money—it is frequently received by Dr. Lindley, who is the acting secretary.
Cross-examined. Q. Was that all he said? A. We had some further conversation about his illness, and he said the gentleman he expected to lend him t he money was out of town, and he hoped he would have come back—he
was going into the City to see a gentleman—he went to a person in Berner-street, and I stopped at the door—he only spoke to a person at the door—the gentleman was not at home—(acknowledgment read)—"I hereby acknowledge to having received Mr. Ansell's subscription, and tickets, amounting to 7l. 4s. GEORGE GUY, May 29, 1844."
GUILTY. Aged 25.—Recommended to mercy.— Confined Four Months.
MR. MELLOR conducted the Prosecution.
GEORGE TAYLOR , cloth-worker. Between eleven and twelve o'clock at night on the 10th of June I was in Holborn—the prisoner came up and spoke to me—she walked by my side—I wished her to go away, but I could not get rid of her—in going down Greville-court she pushed me into a very narrow court, and took great liberties with me—I persisted in walking on, but she followed me—I came out and said I would not stop—she followed me still further—in coming to Greville-street there was the door of a private house open, she pushed me down the steps, and said she would have something to say to me—she was there a quarter of a minute—I then felt something about my pocket, and I missed my money—she ran off, I ran after her, and she fell down, I came up and took my bag from her hand—I had had it before she came up to me—it bad contained four sovereigns and four half-crowns.
Cross-examined by MR. DOANE. Q. Where do you live? A. In Iron-monger-street, St. Luke's—I had been to my shop in Drury-lane this night—I had been hard at work all day—I had had a pint of beer, and might have had a glass of spirits during the day, but not in the evening—I was not at all tipsy—I was not walking with her for ten minutes—I was examined before the Magistrate—I might have been with her about ten or twelve minutes altogether when she made the first attack, and she began to handle me about in a very indelicate manner—I did not pay her anything.
JOSEPH PRIOR . I was on duty this night in Leather-lane—the prisoner ran past me I followed her, and saw the prosecutor catch hold of her, and take this bag out of her hand—he asked what had become of the money—she said she did not know.
NOT GUILTY .
HARRIET PRATTEN . I am the wife of James Pratten, of Berkley-mews, Portman-square. About two o'clock in the afternoon of the 31st of May, I was looking out of the loft door, and saw a man go out with my husband's mackintosh coat on his left arm—I can swear it was my husband's coat—I told my husband—the man walked round the corner of the mews—my husband went after him—the coat had been safe on the balustrades in my loft before—the stable door was open—the man must have got to the loft by walking through the passage, and up stairs.
JOHN LAURIE (police-constable D 76.) I was on duty in Portman-mews, South. The prisoner was pointed out to me with this mackintosh on his left arm—he said, "Don't collar me"—at the station he said distress caused him to take it.
Prisoner's Defence. I had been out of work a great while; I went into
the stable to get a job of work; the woman said her husband was out; she could not give me any employment; there was an old coat there, if it was any use to me I might take it.
GUILTY . Aged 30.— Confined Three Months.
GATES pleaded GUILTY . Aged 24.— Confined One Month.
ELIZA HILL . I am the wife of William Walter Hill, and live in Rose and Crown-lane, Hammersmith. About four o'clock, on the 27th of May, I went with my husband to Wandsworth Fair—I left this piece of silk, and this shawl in a box in my room—I got back about nine at night—next morning I saw a letter given to my mother—she opened it and gave it to me—I found a duplicate in it—I searched my room, and missed the silk and shawl—Gates is my brother—he had no business in my room at all—he lived next door to me—I do not know Pizeley.
SARAH MACK . I am ten years old, and live with my mother in Rose and Crown-court. On the 27th of May, about half-past four o'clock, I was minding some children in a house where Hill lives—I saw Gates coming down stairs—I did not see anything with him.
HENRY BEVAN (police-constable, F 3.) On this Thursday, I took Pizeley into custody at Hammersmith—he said he was employed by Gates to pledge the things for 4s., and he took the ticket, and likewise the money to him.
Pizeley's Defence. Between three and four o'clock on Monday afternoon, I was in the skittle-ground with my own companion; Gates came and asked me to pawn the things for him; he said they were his sister's; I pawned them, and gave the ticket and money to him.
PIZELEY— NOT GUILTY .
DANIELS pleaded GUILTY . Aged 17.— Confined Six Months.
WILLIAM HENRY SHINSON . I live in Newport-terrace, Sydney-street, Stepney. On the 6th of June, I was at my own door—I saw the prisoners and some one else together—I saw Sarah Jerome on the opposite side of the way to where I was—Daniels touched the child's necklace and returned to the others—he went again to the child, took the necklace off its neck, and went to the others, and he and Good ran off—I ran after them as far as Robert-street—I saw a policeman—he stopped them, and a lady delivered him the beads.
ELIZA WILD . I live in Robert-street. I saw a boy running—he threw something over the garden wall—I saw a crowd coming up after the boy—I afterwards saw the policeman with a boy—I cannot say whether it was the same boy that threw it away.
out in my shirt sleeves—I saw Daniels running and caught hold of him—then Shinson came and told me something—I took Good—a lady afterwards gave these beads to me in the prisoner's presence, and said she found them in her garden—Daniels said it was not him that took them—it was another boy, and he ran after him.
SARAH JEROME . I am the wife of Josiah Jerome—my daughter Sarah is four years old—she was out—I heard a cry of "Stop thief"—I opened the door, and ran out—I took my daughter up, and missed this necklace—she had it on when she went out.
GOOD— GUILTY . Aged 20.— Confined Six Months.
JAMES COOPER . I am a seaman. On the 7th of June I went with the prisoner to the Angel, in the Back-road, St. George's, and treated her—I had two sovereigns—I had some drink with a shipmate and another girl—I took out what change I had—I did not take out the sovereigns—I afterwards went with the prisoner to a house in Bluegate-fields—I gave her 5s. before I went there—she did not know that I had any more money—I put my sovereigns into my watch fob, and put my trowsers under my head—in the morning I awoke about six o'clock, and the prisoner was gone—I felt for my money, and it was gone—I found her in a house in Bluegate-fields—I asked her for my sovereigns—she said she did not know me or my money—I knew her before this.
Prisoner's Defence. I met him on the Wednesday; he said he had no money; he was going to get paid; he came back on the Thursday, very tipsy, and gave me two half-crowns, and said he would have no money till the next morning; in the morning I got up to get a pint of beer; he followed, and asked me for his money; I knew nothing of it.
GUILTY .* Aged 21.— Confined Six Months.
NEW COURT.—Saturday, June 15th, 1844.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 39.— Confined Six Months.
GUILTY .— Confined Six Months.
JOHN THOMAS HANSLOW (police-constable F 10.) I took the prisoner, and found seven duplicates at his lodgings—he said he had pledged the articles they referred to, and told me where I should find the duplicates.
Prisoner's Defence. He knew that I had pawned some of the things on the Saturday; I told him I would make it all right.
GUILTY . Aged 37.— Confined Three Months.
JONES pleaded GUILTY . Aged 18.— Confined Four Months.
HENRY JAMES HOLLYWELL . On the evening of the 24th of May I saw the two prisoners in company with another, loitering about the prosecutor's premises—I watched—I saw Brown, and the person who escaped, standing one on each side of the coat—Jones stood in the centre—Brown and the other one put their hands on the top of the coat, and untied or unpinned it—it fell down at the back of the block—Jones took it up—I ran after him, and took him—when I came back I found Brown in custody of my neighbour—I am sure he was one of them.
BROWN— GUILTY . Aged 22.— Confined Four Months.
1718. CAROLINE ROBERTS was indicted for stealing 1 spoon, value 2s., the goods of John Pickstock, her master; and MARY FIELD , for feloniously receiving the same, well knowing it to have been stolen, against the Statute, &c.
JOHN PICKSTOCK , laceman, Holles-street. Roberts was my servant—I lost some things, and accused her—she said, "Will you forgive me?"—my wife said, "Well, Sarah, I will forgive you if you will tell the whole truth"—I then said, "Do you know anything about the spoon?"—she said, "No"—I asked if she had made away with any other property—she said, "No"—next morning I saw Field outside the door, and gave her in charge on suspicion of stealing a table-cloth—she denied all knowledge of it—I returned with the officer to ask Roberts to go and give evidence against Field—they both contradicted each other—at Field's lodgings I found a cloth, which I believe to be mine—she produced some duplicates out of her pocket—one was for a teaspoon—I asked what spoon it was—she said it was one she pawned, and renewed in Feb. last—we went to the pawnbroker's, and I identified it—Field was in the habit of coming to my house early in the morning, and I had forbid her.
JAMES NOBLE (police-constable D 121.) I took Field—she asked what she was charged with—I said, "On suspicion of receiving stolen goods from Mr. Pickstock's servant"—she asked again—I told her I had said it once, and she would hear more before the inspector—I then asked if she had any objection to my going to search her lodgings—she said, "No"—we went—she delivered over the tickets, and Mr. Pickstock asked her what spoon it was—she said, one that had been in pledge twelve months, and she had renewed it—we then went to the pawnbroker's; and I said to Field, "This is not pledged in your name"—she said, "No, it was a friend I got to pledge it for me"—it is pledged in the name of Roberts.
NOT GUILTY .
1719. CAROLINE ROBERTS was again indicted for stealing 2 towels, value 1s.; and two table-cloths, 9s.; the goods of John Pickstock, her master: and MARY FIELD , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JOHN PICKSTOCK . I charged Roberts about a table-cloth—on searching her, we found the duplicate of it—I identified the table-cloth as mine—this is it—these towels are mine—they were all right a fortnight before the prisoners were taken—I had given notice before that fortnight that Field should not come to the house.
JAMES NOBLE . I went to Field's house, and found two towels and one table-cloth there—when we found the first towel, the prosecutor said, "This is mine"—Field said, "Yes, it is; I had it to wash, but never returned it"—I said, "Have you any other cloths in the house belonging to Mr. Pickstock?"—she said, "No"—we found another towel and a table-cloth.
Roberts's Defence. When I first went I was in great distress, and I owed Mrs. Field some money; she came in, and said, if I did not pay her, she would come to my master's; I begged her not; she came from time to time for money; I said I had not got it; I gave her what few things I had; then she came, and I gave the table-cloth, and she brought me the ticket a few days before I was taken.
NOT GUILTY .
JOSEPH BOYCE , auctioneer, Kingsland-road. At half-past one o'clock, on Saturday, the 8th of June, there was an accident opposite my door—I went out, and had scarcely got there before I felt a tug at my pocket—I turned round, and saw the prisoner—I said, "You have got my handkerchief"—he ran away—I pursued him—he dropped it—I followed him, kept him, and got a policeman—the handkerchief was picked up by a little girl.
Prisoner. I picked it up, and ran away with it; I was in great distress.
GUILTY . Aged 21.— Confined Three Months.
JOSEPH OWEN . I am apprentice to John Williams. At a quarter past five o'clock, on the 6th of June, I was in the shop—the prisoner and another boy came and stood round the window—I looked out, and saw the prisoner, with these shoes under his left arm—I ran and caught hold of him—he threw them down.
Prisoner's Defence. I picked them up. Witness. No, he cut them.
GUILTY . Aged 16.— Confined Three Months.
1722. JAMES ROGERS was indicted for stealing 1 1/2 lb. weight of beef, value 1s., the goods of Edward Mitchell Roberts, his master; and JOHN HANNAN for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
weighed—I was in the shop on Saturday night, the 8th of May, and the policeman came and took him away—I bad no much beef in my shop that evening that I could not mist it.
WILLIAM MILLERMAN (police-constable B 95.) On the 8th of May I stationed myself, with another person, in an empty room opposite the prosecutor's—about a quarter to nine o'clock I saw Rogers cut a steak off a round of beef, while his master's back was turned—he put it into his bosom, and made away to a urinal, near the Castle public-house—he then went into the Castle, and stayed there two or three minutes, returned to the shop, and then began to place the beef about; a woman came for a steak off this beef—he cut one for her, and then cut another for himself—he threw one inside the shop, rolled the other up, and put it into his bosom—he went to the urinal the same way as he did at first—he then went into the Castle, and remained there a short time, and came back to the shop again—Hannan was in conversation with him the first time at the urinal—Rogers remained at the shop, selling, and pulling the meat about, for about three quarters of an hour—the beef has not been found—I am sure he went from the shop with it in his bosom, and here is a mark of it on his waistcoat.
Cross-examined by MR. PRENDERGAST. Q. Who ordered you to do this? A. The inspector—I could not get down stairs fast enough to take the beef.
ROGERS— GUILTY .
HANNAN— NOT GUILTY .
1723. JAMES ROGERS was again indicted for stealing 3lbs. weight of mutton, value 1s., the goods of Edward Mitchell Roberts, his master; and JAMES HANNAN , for feloniously receiving the same, well knowing it to have been stolen.
WILLIAM MILLERMAN . I was watching this evening—I saw Rogers take a breast of mutton down, and move it to the end of the shop-board—he moved a man that was standing there—he then kept shifting the mutton about—he got it to the bottom of the stall, and passed it to Hannan, who was standing at the bottom of the stall—he put it under his coat, went down the street, and came up again to the Castle with it.
HENRY BARFOOT . I was watching with Millerman—I saw Rogers take the breast of mutton down, and pass it down the stall-board—Hannan, who was standing at the end, took it, put it under his coat, and walked away over the road—he then came back—I was up stairs, and could not get down quick enough to catch him.
Cross-examined by MR. PRENDERGAST. Q. Where were you?A. In a room at the Castle, opposite the prosecutor's shop—I am a messenger to the Royal Commissioners of Fine Arts—I was sent with the policeman—I had seen something two Saturday nights before.
Cross-examined. Q. You had received no information of this matter? A. No—Rogers had been with me about four months previous to this, but getting tipsy I discharged him, and then took him on again on Saturday.
(The prisoners received good characters.)
ROGERS— GUILTY . Aged 20.
HANNAN— GUILTY . Aged 20.
Confined Six Months.
The prosecutor did not appear.
NOT GUILTY .
JAMES MURRAY . I am in the service of William John Cormack, a salesman, in Covent-garden. On the 6th of June I saw the prisoner carrying away four pots of plants in his arms from the side of my master's conservatory—I followed him as soon as I could, but he was gone out of sight—I returned, stopped about a quarter of an hour, and was called by Terry, and saw the prisoner with five other plants in his arms—he asked the price of them—I charged him with stealing them and the others—he said if I would go to the market below I should see his friend, who would convince me he had not stolen them—the first that I saw him take have not been found, but I know he did not put them down again, for I saw him take them below—I did not stop him the first time, as I thought he was a person who had a shop below, but I went down, and saw he was not the person—he had got the second pots under his arm, but Terry saw him before I did.
JOHN TERRY . I am porter to Mr. Cormack. I was in the shop on the 6th of June, and heard a noise in the conservatory—I went in, and saw the prisoner with five plants in his arms—he had taken them off the stage, and was going towards the door—he was about two steps from the stage—I called to him, and asked what he was going to do with them—he turned round, and asked me how much they were a pot.
Prisoner's Defence. I met some brewers, who gave me some ale; I got tipsy, then went up to the conservatory, and asked the price of the pots; the man said I had stolen some before, which I had not.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Three Months.
MR. DOANE conducted the Prosecution.
THOMAS SEARLES . I am a shoemaker, and live in Bedford-place, Commercial-road; I have five or six shoe-shops, and one hat-shop. I have employed the prisoner occasionally for twelve months to look after the gas-fittings in my different shops—he was to go round once or twice a week, or oftener if he liked—these boots are mine—he had not anything to do with selling my property.
Prisoner. Q. How many servants have you? A. Twenty or upwards—I mark my goods with different letters, according to the sort—it is scarcely possible for two pairs of boots to be so alike as to deceive my eye—my servants do not neglect their duty.
GEORGE MURRAY (police-constable K 68.) I purchased a duplicate of a pair of boots, which were in pawn, of Henry Wicks some time ago, and by means of that duplicate I got these boots, and began wearing them—in consequence of what I heard, I took the boots to Mr. Searles—he at once identified them—I took the prisoner—he said he knew nothing at all about them.
HENRY WICKS . I live in Vincent-street. About nine or ten weeks ago I was at my club at the Sydney Arms—the prisoner is not a member, but he was there—he told me he had won these cloth boots at a raffle and wanted to part with them, as they did not suit him—he asked me 5s. for them, which I gave him—I afterwards pawned them for 4s., and sold the duplicate to Mr. Murray for 1s., so as to get my money back—these are them.
JOHN RICHES . I was at the City Arms, and I saw Mr. Wicks there—I hardly remember the prisoner being there, but it must have been him—I lent Mr. Wicks 5s.—I bought this other pair of boots of the prisoner, at another house, for 6s. 3d.
Prisoner's Defence. In Dec. I called in at the Prince of Wales for a glass of ale, and two men came in, one of whom had a handkerchief in his hand; he produced these boots, and said he had won them at a raffle; I gave him 10s. for these two pairs.
(The prisoner received a good character.)
GUILTY . Aged 40.— Confined Four Months.
(There was another indictment against the prisoner.)
JAMBS MANLEY . I live in Cook's court, Phillip-lane, and am a journeyman tailor. On the 12th of June there was some mourning to be made, and we sat to work later than usual—I had taken a pint of porter after work—I have no recollection of falling asleep—I sat down to rest and take a pinch of snuff—I saw the prisoner take my hat off my head—this is my hat.
THOMAS SHEEN (police-constable K 187.) At half-past two o'clock in the morning, on the 12th of June, I saw the prisoner going along Penny-fields, and she put what I thought was a bundle behind her—I said, "What have you got?"—she said, "Only my husband's hat"—I took her back, and met the prosecutor, who was giving information of it to an officer.
THOMAS GELL (police-constable K 308.) I saw the prosecutor about half-past two o'clock that morning, sitting on the step of a door, apparently asleep—he appeared to have drank a little—he said, "I have lost my hat"—I took him a little way, and met Thomas Sheen with the prisoner and the hat.
GUILTY .* Aged 50.— Confined Nine Months.
MARGARET CLARKSON . I keep a lodging-house—I do not know whether it is a brothel—the prisoner was my servant—I missed a tuscan bonnet, a gown, and a petticoat—I wished the prisoner to give them back to me before the policeman was sent for—she said she took the bonnet to the cleaners in Leadenhall-street—those are my articles.
Cross-examined by MR. HORRY. Q. She came to your house with a gentleman first? A. Yes—I asked her to stop and be my servant—she was not used as a dress-girl—she had absconded, and was away a week—she did not tell me that she had no clothes to dress in, nor did I lend her any—I did not tell her that she had not spirit enough to bring anybody in, and I must watch for her—there were two other persons in my house besides myself, that the prisoner had to attend to—when I was at home, her household work was over by two o'clock in the day—she had not gentlemen come to see her for the rest of the day—only one person came to see her, and when I came home I made a noise with her for it—she had my gown on when that person came—there was not an agreement that she was to pay me for the things she had of me—I only lent her the gown, and that she had worn four or five times—I had not lent it her the day before she went away—she had it on when she was taken—I had no quarrel with her before she went away.
COURT. Q. Did you ever lend her the bonnetor the petticoat? A. No, I lent her the gown four or five times, because if a person came in she looked so untidy—I
lent it her for the sake of my place, not for herself—I paid her 1s. a week, which was all she agreed for.
Prisoner. I had no wages at all, she gave me the clothes. Witness. I did not.
NOT GUILTY .
ALEXANDER STEWART . I am a seaman, and live in Martha-street, St. George's. On the 8th of June I met Hayes—she asked me to go home with her—I told her all I had about me was 7d.—she said, never mind that, she paid 5s. a week for the room she lodged in, and did not owe the landlady anything—if I liked to go home with her, she dare say I would make her amends in the morning—I said I would, if she would come to my sister's house I would pay her in the morning—I went home with her, and in the morning when I awoke she was gone—my waistcoat and these other things were gone—I went down stairs, and saw the two prisoners sitting in the kitchen—I asked Hayes for my clothes—she said, when I paid her 5s. she would produce them—I told her to let me have my trowsers, and come with me to my sister's and I would pay her, but she would not—I had nothing to put on but my drawers and shirt (I found my shirt at the bottom of the stairs)—I sent a man who was in the house to my sister's, and he brought me a pair of trowsers—I then went to the constable—we asked Hayes her demand—she said 3s. 6d.—I brought it to her, and then she denied knowing anything about my trowsers or braces—all she knew about was, the waistcoat, which she had sent and sold—these are my trowsers and waistcoat.
Hayes. He left me the waistcoat to stop with me. Witness. That is false.
LOUISA YOUNG . I am the wife of William Young. On the 9th of June, a little after nine o'clock in the morning, Hayes brought this waistcoat, and sold it me for 1s. 6d.—she said the sailor gave it her for being with her.
Hayes. You did not buy this waistcoat; I asked you to take it for 1s. 6d., and when the man paid me I would release it. Witness. I did buy it.
GEORGE BANKS (police-constable K 342.) I asked Hayes where the man's clothes were—she said, "When he pays me he shall have them"—I asked her demand—she said 3s. 6d.—I told him to get the money, which he did, and then Hayes denied all knowledge of the trowsers, and said she had sold the waistcoat at the Jews'—these trowsers were found in the house, between the bed and the mattress.
SAMUEL WIGGINS (police-constable K 73.) I heard a cry of "Police," and Emersfield was given into my custody by a woman, who charged him with taking 15s. 5d. or 16s. out of a stocking—I took him to the station, and found these braces and this knife on him, which the prosecutor identifies—this was about a quarter before eleven on Sunday evening.
(Hayes put in a written defence, stating that the prosecutor had left his jacket and waistcoat with her, instead of money, but she knew nothing of his trowsers.)
Emersfield's Defence. On Saturday night I went to the house with a female; I stopped all night, and in the morning I went to a public-house—a man came and asked me to buy the knife and braces.
CATHERINE HILLMAN . I am the mistress of this house. Last Saturday night the prosecutor came between ten and eleven o'clock with Hayes—she called me into the kitchen and said he had got no money—I said to him, "You have no business in my house without you have money"—he said he would pay the girl in the morning—I said, "That won't do for me; I want money for my bed"—I went out, and when I came back I went up and found him in bed—I said, "That bed is let, go into the next room"—he did so, and I saw him no more till the next morning—(his clothes came down to my room for safety, as it was a two bedded room)—in the morning he missed his trowsers—I and my sailor lodger, who is here, went and gave 1s. 6d. to a Jew for a pair of trowsers till his were found—he went home contented, and said nothing till about tea time, when Emersfield came in and said Peg Hayes was locked up—he said, "Look under the mattress, you will find the trowsers"—I found them folded up—I said to my other lodger, "Do you know where that young man lives?"—he said, "Yes"—he went and gave the prosecutor his trowsers, and went to Young to get his waistcoat, and offered to pay for it—I know Emersfield by being in the neighbourhood, but not to come into my house.
JOHN MUNRO . I am a sailor. I was at sea about two months ago—I live with Catherine Hillman—I have come to say that Hayes knows nothing about the clothes—the trowsers were taken out of the house and fetched back again—I do not know where they were taken to, nor who fetched them back.
HAYES— GUILTY . Aged 24.
EMERSFIELD— GUILY . Aged 20.
Confined Nine Months
JANE TEDDON . I am the wife of John Teddon, a schoolmaster. I know the prisoner—on the 22nd of May, 1836, I saw him married at St. Bride's Church, to Theresa Rayner—they lived together afterwards—she is here now.
Cross-examined by MR. DOANE. Q. She was your sister? A. Yes—she made him a shocking wife—after living with her as long as he could, there was a separation agreed on at Bow-street—I have not known anything of her for four years.
HENRY WILLIAM TERRY PENELL , gas-fitter, Ivy-terrace, Hoxton. On the 19th of April, 1843, I saw the prisoner married at St. Laurence Jewry Church, London, to Elizabeth Cook—I was present, and subscribed to the marriage.
Cross-examined. Q. Which did you know most? A. The woman I was most acquainted with—I went as her friend—I believe the prisoner's first wife gave him in charge.
GUILTY . Aged 30.— Confined Three Month.
1731. JAMES COLLINS , JOHN JOYCE , and DENNIS M'CARTHY were indicted for stealing, 1lb. weight of tobacco, value 4s. 3d.; and 1 jar, 1s.; the goods of William Edgecombe; and that they had been before convicted of felony.
MARY ANN EDGECOMBE . I am the wife of William Edgecombe, and live in High-street, St. Giles. About twelve o'clock on Friday evening, the 7th of June, Collins came to my house for 1d. worth of tobacco—I weighed it, and as I was rolling it up in paper he snatched the jar from which I had
taken it, and ran out—I ran out, and saw Collins and five others running away—Joyce and M'Carthy were two of them—I had seen them many times before—I had a doubt about Collins at the police-office, but since then I have had reason to observe his eyes which are singular, and I am sure it was him.
CHARLES BROWN (police-constable F 128.) About twelve o'clock that night, I saw the three prisoners in company with four others close by this shop at the bottom of Denmark-street—Joyce had a cap in his hand which I believe was this cap, and it appeared to have something in it—there is a broken jar in it now, and some tobacco—I did not take the cap and jar from him.
Cross-examined by MR. HORRY. Q. He was some distance from you? A. Five or six houses, and they all ran away directly.
JOHN JAMES ALLEN (police-constable E 159.) I was on duty at two the next morning, and received some information—I had seen the prisoners before the robbery with four or five other boys—I afterwards saw them in the Rookery with three others, and they tried to get away—I got another officer, and went round to the corner of Church-street, and there secured them at the corner of a passage—Joyce threw something down a passage—I picked it up, and found it was this tobacco, and a short distance off I found the broken jar and some more tobacco—within a few yards of that spot this cap was found on another person who is not here—the prisoners said they knew nothing about the tobacco.
Collins's Defence. I was standing at the corner of Church-street, and a lot of boys came running down; I stood there, and five or six policemen came and took us.
COLLINS— GUILTY .* Aged 14.
JOYCE— GUILTY .* Aged 12
M'CARTHY— GUILTY .* Aged 12.
Transported for Seven Years.
Cross-examined by MR. PARRY. Q. You did not know the prisoner before she was apprehended? A. No—I missed my watch from the flour-bin at the back of my shop.
JOHN NEWTON , shopman to Mr. Latter, of Telfer-place, Commercial-road. On the 14th of March, 1843, I took in this watch, I believe of the prisoner—immediately after, I received information that it was lost—I did not see the prisoner again in the year 1843.
Cross-examined. Q. Did you make any attempt to find her? A. Yes—I did not go to her house in 1843 with a policeman—I did not know where she lived—I am not the person who received it in pledge—I was in the shop at the time—I have never said that she pledged it with me—it was pledged for 12s.—it was the full amount that I would lend on such a watch.
Cross-examined. Q. When did you first give evidence on this charge? A. Last Saturday—the policeman applied about this watch the day after it was pledged—I did not make any inquiries about the prisoner in March, 1843—I have no doubt as to the identity of the prisoner.
Cross-examined. Q. What are you? A. A widow—I let lodgings—I live in Greenwood-street—I also knit stockings—I have lent small sums of money to the prisoner—I did not charge her any interest but what she thought fit to give—she used to have money every week—she gave me 5s. for the loan of 4l.—she never gave me more than that—she promised me a living, and used to send me a dinner every Sunday—I know Mary Allen—I have not charged her with stealing this watch—I sometimes let my lodging to prostitutes.
JAMES HAMS (police-constable K 248.) I heard of this watch being lost in 1843—after I found it at Mr. Latter's I went with Newton to make inquiries—we might have gone three times—from the description Newton and Taylor gave of the person who pledged it I suspected another person, and went after her—Newton saw her, and said she was not the person—I never was in the prisoner's house till the night I took her.
(The prisoner received a good character.)
GUILTY. Aged 32.—Recommended to mercy.— Confined Six Months.
Prisoner's Defence. I bought the coat.
GUILTY . Aged 25.— Confined Three Months.
THOMAS POMEROY . I am shop-boy to Henry Paddon. On the 10th of June the prisoner was in our shop—I saw her put her hand into a bowl in the window, take some tea, and put it in her apron—she put her hand in again, but did not take any then—I went and held her—she dropped it on the floor.
GUILTY . Aged 26.— Confined Three Months.
1735. JOHN HUNT was indicted for stealing 70 gross of iron screws, value 3l. 10s.; 6000 iron tacks, 3s.; 36 carriage knobs, 2s. 6d.; 18 harness buckles, 1s. 6d.; and 7lbs. weight of iron carriage pins, 7s.; the goods of John Neal and another, his masters; and that he had been before convicted of felony: and CATHERINE LYNCH , for feloniously receiving the same, well knowing them to have been stolen.
MR. CHARNOCK conducted the Prosecution.
JOHN ROBERT NEAL . I am in partnership with my father, John Neal—we are coach-ironmongers and platers, in Queen-street. Hunt was our errand-boy for nine months—on Friday week he was sent out, and did not return—we went to his house on Saturday afternoon, and told him he was a very bad boy for robbing us, and what had he done with the property—he said he had
taken nails, screws, tacks, locks, and castors; he had sold the tacks for 2d. a pound—they are worth 1s. 8d. a pound—the screws at 2d. a gross, which cost 2s. 6d., and the large ones, which cost 2s. 6d., for 3d.—he said he had sold them to a woman in Baldwin's-gardens, named Andrews, that he went there with some bones—she asked him where he lived, and he said, at an ironmonger's—I went on the Saturday with Mr. Lewty to Andrews' house—we saw Lynch in the shop—we said we came to see if there was any other property there—her son came forward, and she left the shop—we found a blind fastening on the shelf inside the shop—it is Mr. Lewty's—we found a quantity of nails and screws that I could not positively swear to as mine, but there was a paper on a string with my father's handwriting, which I could swear to—here is the number and our private mark on it—it had contained buttons—property had been brought to us the day before that had been found there—these two parcels are part of our property—they contain screws—they have never been sold—we only supply one party with these, and these were not sold—these are the things which Hunt described as having taken—on the Monday we took Hunt into custody, and went to Lynch's shop—we did not find her there—we went up to the second floor of an adjoining house—the policeman knocked at the door—no answer was made—he hammered a considerable time, looked through, and saw that the door was fastened from the inside—he shook it very violently, and said, "If you don't open it I will break it open"—it was fastened by a screw-driver and a knife—we found Lynch hidden behind a turn-up bedstead—we brought her out, and she said nothing.
Cross-examined by MR. PAYNE. Q. You got your property back before you went on the Monday? A. Yes—I do not think I spoke to Lynch at all on the Saturday.
JAMES WJNDEYER LEWTY . I am a merchant and general ironmonger, and live at Mr. Neal's when I am in town—part of my store-place is in the same warehouse with Neal's. On Friday, the 7th of June, I went to Hunt's house—I afterwards went to Lynch's, and saw her—I asked her if her name was Andrews—she said "Yes," it was—I asked if she belonged to the shop—she said, "Yes"—I said, "You have property here belonging to me and Mr. Neal, how did you come by it?'—she said she could not tell, but if there was anything I might take it—I pointed out a great many screws, castors, and other things—she said I might take them—I said, "I shall not, but I insist on your sending them home"—she sent out a man for a truck, and I sent my clerk with him to see that the things were taken back to Queen-street—these two parcels are part of the goods so brought there—I saw on the premises there a great quantity of things, as much as a man could carry in a truck—I went to Lynch's again the next morning—as we were going in she came out, and we found several other things—this brass thing I found, which is Mr. Neal's—as I was coming out on the Friday, Lynch said she hoped I would not do anything with her, she was a poor widow—I said she was quite old enough to know better, and we were very much inclined to believe that the boy's delinquencies were owing to her—we went again on the Monday with the officer—I inquired if Mrs. Andrews was at home—they said she was not, but she would be in in a few minutes—we got information that she was up stairs in the next house—I remained in the shop while the policeman and Mr. Neal went up, and in about an hour they brought her down to the shop.
HENRY BURTON . I am clerk to Mr. Lewty. I went to Lynch's premises on the 7th of June, and saw these packages found—I accompanied the porter with the goods to Mr. Neal's house—I am quite sure these are the same goods that were put in the truck.
Cross-examined. Q. The things were all in the shop? A. Yes—these two packets of screws were on a shelf opposite the door.
JAMES BROWN . I took Hunt, and then went to Baldwins-gardens with Mr. Neal, and took Lynch—we asked if Mrs. Lynch was in—some woman there said she was not, she was gone out, hut would he hack in a few minutes—we waited some time—no one came—we went to the next door on the second floor, where we found her concealed behind a bed.
(Lynch received a good character.)
HUNT— GUILTY . Aged 17.
LYNCH— GUILTY . Aged 58.
Transported for Seven Years.
(There was another indictment against the prisoners.)
ANN FLETCHER . I am the wife of Fletcher Fletcher—between nine and ten at night, on the 12th of June, I was in my parlour—I saw the prisoner in the shop—he put his hand in the cigar-box—I seized him, sent for a policeman, and found eleven cheroots and six cigars in his pockets—they are my husband's.
GUILTY . Aged 12.— Confined Two Months.
RICHARD MORRIS . I am a sailor, and lodge in Salter's-alley, Wapping. On the 6th of June, I went home with Saunders—I put my jacket down, went to bed, and fell asleep—when I awoke in the afternoon, about four, my jacket was gone—I was locked in the room, and could not get out—I told them I would break the door open if they did not let me out—I afterwards saw Saunders, and found a duplicate of the jacket in my waistcoat pocket—I then went to the pawnbroker's and found my jacket.
Saunders. Q. You gave me the jacket? A. No, I did not—I did not borrow sixpence from my shipmate.
Welch. Q. Did not I open the door for you? A. No, I had to break it open—Welch had a bunch of keys and tried to open it, but could not.
ROBERT FROST SMITH (police-constable K 277.) I took Saunders—I said I supposed she knew what she was wanted for—she said she did not—I said, "For stealing a jacket"—she said, "That b—d old b—d will get us girls transported; she gets us to rob the men, and then gets the benefit of it"—I asked what old b—d she meant—she said, "That Irish Hannah"(which is the name Welch goes by)—she said, "She has had thirty shillings of me this week already, and I can scarcely get one meal's victuals a-day, and since that she has taken the shoes off my feet to pawn to get a glass of gin."
(Saunders put in a written defence, stating that the prosecutor had sent her to pledge his jacket.)
Welch's Defence. I was not in the house when Saunders went out—she came home and brought a pot of beer and some rum, and the prosecutor's shipmate was beating M'Laren—he did not see me in the room.
SAUNDERS— GUILTY . Aged 24.— Confined Six Months.
WELCH— GUILTY .—(see the next case.)
1738. MARTHA M'LAREN and the said HANNAH WELCH were indicted for stealing one jacket, value 8s.; and 3 half-crowns, the property of Thomas Campbell, and that M'Laren had been before convicted of felony.
THOMAS CAMPBELL . I am a sailor. I met M'Laren on the 6th of June and agreed to go home with her. We went to Welch's house—Welch was with her—she asked 3s. and I gave her 4s.—I turned into bed, and put my jacket and trowsers in the chair by the side of the bed—I had three half-crowns and some small silver in my trowsers' pocket—I awoke about seven o'clock and my jacket and money were gone—I called out, and Morriss, my shipmate, came up—he said his jacket was gone—I accused the prisoners of robbing me, and asked for my jacket—M'Laren told me it was up the spout—this is my jacket.
Welch. I asked you if you gave her the jacket, and you said "Yes."
Witness. No, I did not—I had said nothing to any one about the jacket till it was lost.
THOMAS JOSEPH BARRETT . I took this jacket in pledge for 4s. about seven in the evening—both the prisoners were present—Welch has pawned things with us before—I asked if the sailor sent it—she said "Yes."
M'Laren. The prosecutor went home with me; I asked 5s.; he said he had not got that; he gave me 4s.; we went to bed, and awoke about four or five o'clock, and had some rum; he then said, "I want something to eat, but I have no money;" I said, "Shall I pawn your jacket?" he said, "Yes;" I went out; Welch fetched me back, and said, did he give me leave to pawn it; he said, "Yes."
Welch's Defence. I brought it back; he said, "You may do what you like with the jacket," and it was pawned.
M'LAREN— GUILTY . Aged 28.
WELCH— GUILTY . Aged 39.
Transported for Ten Years.
1739. HENRY PORTER was indicted for stealing 1 brick-iron, value 2s. 6d.; 2 pictures, framed and glazed, 1s.; 1 cape, 2s.; 1 spoon, 3d.; 4 sheets, 10s.; 1 counterpane, 5s.; one tea-caddy, 6d.; one tea-kettle, 3s.; 1 pair of sugar-tongs, 6d.; and 1 pair of pattens 1s.; the goods of Thomas Harrison.
THOMAS HARRISON , bit-maker, Walsall, Stafford. About nine months ago the prisoner lived with me—he left on Wednesday, the 5th of June—I missed a great many articles when he left, and my wife was also gone—I afterwards found the things at Pickford's Wharf, City-basin, London—I set the police to watch the parties who came for them—they were directed to Henry Porter, to be left till called for—these pictures, spoons, and other things are mine.
Cross-examined by MR. WILKINS. Q. With whom did the prisoner take his meals in your house? A. By himself the latter part of the time—he took them with us up to Christmas last—I missed my wife on the 5th of June—she sent the key to my workshop, saying she was going out to tea—I had no servant—my wife made the prisoner's bed—I found two boxes, one desk, five baskets, and one bag, at the City-road basin—I had seen some of them before at my house—I was backwards and forwards—there could not have been time to have packed all the goods during my absence—I was not present when she was discovered—I did not hear the prisoner say to her, "You know very well I offered you a sovereign not to come"—this is his writing.
prisoner came and asked for the packages—I did not see any one with him.
Cross-examined. Q. You found him speaking to the clerk? A. Yes—I asked if his name was Porter—he said it was—I said he must consider himself in custody—he said, "What for? I have done nothing"—I asked his where Mrs. Harrison was—he said she was gone to Liverpool—I went twice to the wharf, and saw her sitting on some packages on the wharf—on the way to the station, she said she had put the things in herself—the prisoner said, "You know, my dear, I offered you a sovereign not to come after me."
NOT GUILTY .
GUILTY .—Recommended to mercy.— Confined Six Months.
1741. JOHN LINEHAM , GEORGE ABBOTT , and WILLIAM. WEBSTER , were indicted for stealing 1 sugar-basin, value 4s.; 1 glass tumbler,1s.; 2 boxes,1s.; and 3lbs. weight of cigars, value 3l. the goods of Job Artlett; and that Abbott had been before convicted of felony.
JOB ARTLETT . I keep a coffee-shop, and sell cigars in High-road, Knights-bridge. About eight o'clock in the evening of Thursday, the 30th of May, I went up-stairs—I was not gone more than seven or eight minutes when I heard the cry of "Thieves!" and came down—I found the window was up, which had been down before—I missed about 3lbs. of cigars, a large blue sugar-basin, a tumbler, and one or two cigar-boxes—I went out and saw Pullin, who told me something—I saw several of the cigars about the road—they had been in the shop-window before they were missed, and the basin and tumbler were in the window.
BENJAMIN PULLIN . I live in Park-place, Knightsbridge. On the evening of the 30th of May, I was coming along Knightsbridge-green, and saw the prisoners standing against the prosecutor's shop—I saw Webster lift up the window, and take the box of cigars out, and a bundle—the other prisoners were with him—he went away down Knightsbridge—I saw Abbott take a box of cigars out, and wrap them in a handkerchief—he went on the bridge, came back, and went with Webster—I saw Lineham take a bundle of cigars out, and there were other boys who did the same—I ran after them, and cried, "Stop thief"—I came back, and went into the shop—I saw Webster let down some cigars—a cab-man went and picked them up—the prisoner then went on a little further, into Howard's-gate—I went with the prosecutor to the station—I pointed out Lineham to the policeman.
Cross-examined by MR. DOANE. Q. How many boys were there altogether? A. Seven—I carry milk for Mrs. Trail, in Park-place—I was in the service of Mr. Huggett, of Regent-street, as a pot-boy, about two months ago—I am fourteen years old—I was never charged with stealing apples, or anything.
Abbott. You were in custody with me once, and paid 5s. as a fine. Witness. No, I was not.
GEORGE DAVIS . I live with my parent, in Rose and Crown yard, Knights-bridge. I saw the three prisoners at the prosecutor's—Webster lifted up the window, and took something out—he ran away, and the other two followed him.
Cross-examined. Q. Do you know Pullin? A. Yes—he lives about 500 yards from me—I was not with him on this night.
May, I heard of this robbery—I went to the spot, and saw a person whom I believe to be Webster, and some other boys, running—I followed them, and saw the person I believe to be Webster drop something from a box into his hand—I picked up some cigars and a piece of a blue basin—I took Lineham.
Lineham's Defence. I was just coming out of doors, and saw some persons running; I ran, and saw people picking up cigars; I stood about ten minutes, and saw a policeman running after somebody; I ran as far as the gate, and then turned back; he took me and two others into a shop.
(Lineham and Webster received a character.)
LINEHAM*— GUILTY . Aged 16.
ABBOTT— GUILTY . Aged 13.
Confined Twelve Months.
WEBSTER— GUILTY . Aged 18.— Confined Six Months.
GEORGE HENRY DAVIDSON , Jun. I am fifteen years old, and live with my father, George Henry Davidson, a printer and bookseller, in Water-street, Blackfriars; the prisoner's father deals with mine. On the 3rd of June the prisoner came to my father's, and said, "I have come for a dozen spellingbooks for my father, Mr. Catman"—I believed it, and gave them to him—these are five of them.
HENRY CATMAN , book-binder and seller, Bethnal-green. The prisoner is my son—I occasionally deal with the prosecutor—I did not send the prisoner for any books on the 3rd of June—he did not bring me any books.
Prisoner's Defence. I was to pay for them myself when I got work, and the next day my father sent a policeman for me.
GUILTY. Aged 20.—Recommended to mercy.— Confined Two Months.
MR. DOANE conducted the Prosecution.
ROBERT SIMPSON . I am nephew to William Chasemore, a coal and timber-merchant, at Fulham. He has a great deal of building going on—in Feb. the prisoner applied for a house at Fulham—I was not present when he referred my uncle to any one—I never saw White—there was an agreement written out about the house, and the prisoner came to me and signed it—he was to take it on lease, and it was sent over to Scott, who the house belonged to—the prisoner came to reside in the house, and it was opened as a grocer's—I, by the desire of my uncle, made inquiries about the prisoner—he referred me to Mr. White—I did not go to White—I did not hear the prisoner say any-thing about White—the prisoner stayed there about six or eight weeks—the last time I saw him was about a fortnight after he had been there—the shop was shut up about the beginning of April—I had notice that it was going to close, but no notice from the prisoner that he was going away—he left, and we got no rent—the key was sent, about a week or a fortnight after he left, by an omnibus-conductor—I have not seen the prisoner since till he was in custody.
JOHN HENRY . I have been a sailor. I have known the prisoner by the name of Thomas for about nine months, and I have known Mr. White about four months—Mr. White put me in possession of a place in Queen-street,
Cheapside, about three months ago—I saw the prisoner there once—I have seen him and White together two or three times—I used to go to the prisoner's shop in Golden-lane, Old-street, for messages—he kept a chandler's-shop—I went there once or twice because White told me to go, and after that I went of my own accord—the last time I went was about eight weeks ago; it may be less, or a little more—I saw Mr. White last about five weeks ago, when coming through a court in Whitefriars—I saw him in Queen-street last about four days after I was put in possession, which was in March—he told me to stop there till I got 50l. for the key before I gave it up—I know the Leaping-bar public-house, in Old-street—I have seen the prisoner and White in company together by there—I never saw them in the house—I have met White in Golden-lane, and seen him at the prisoner's shop more than once.
Cross-examined by MR. PRAYNE. Q. Do you go by the name of Barney? A. Yes—that is a nickname—I did not know the prisoner when he was at Sir Felix Booth's, nor at a distiller's—I did not know him living anywhere where his uncle lived in the same employ—I knew him as Mr. Thomas by his going by that name in the neighbourhood where I live—I have been a carman—I left because it was a disgrace to me—Mr. Cherry did not discharge me because I had embezzled his money—upon my oath I was not discharged by Mr. Cherry—I was with him, off and on, a long time—I served my time at sea to a man named Bligh—I came from sea about eighteen months ago—I am not in any one's employ now—I left this house job to go to work at Mr. Butters's, the lead-pipe maker's, in Baltic-street.
EDWARD DEAR , grocer, Red Lion-street, Holborn. I had some transactions with Mr. Kemp, in Albany-street, Regent's-park—in the beginning of March White called on me—he was quite a stranger till then—he said he was going to lend Kemp a large sum of money, 500l., and he was anxious to know the state of the account between me and Mr. Kemp before he advanced the money—I declined it till I saw Mr. Kemp—White told me that he was a builder in Queen-street, City—he said, if I would not let him see the accounts, would I meet him at Mr. Kemp's—it was at last agreed that White should see the accounts—he came to my place in Red Lion-street, and was shown into the parlour at the back of the shop—he looked over the accounts—he said he had a great deal of money that he wanted to lend, as he got such small interest for it in the funds; that he was building eighty houses at Dalston, and had 120 men at work—he said he had a great many houses in the New-road; he had been buying some that day, and he was going to put shop-fronts in them—he said he had a sister in Westmorland, and he owned a mill there—while White was with me in the parlour, my shopman, Hanson, came and made a communication to me—White got up to go away, saying he would see me at some future time, as I was being called away—he went into the shop as if he was going away—I went into the shop and saw the prisoner there—he made a bow to White as White was going out, and White slightly returned it—I then called White back again, and he went into the parlour—I said, "I see you know that person who wants credit in the shop, what do you know of him?"—he said he was a very respectable young man—White then went away, and I went into the shop—the prisoner said, "Good God, is not that old White?"—I said yes, his name was White—the prisoner said it was strange that they should happen to meet there, for he had not seen him before for four years—he said, "No one would take him to be a rich man to look at him, would they? he is one of the richest men in London; he has houses all over London"—the prisoner asked for credit, and referred me to a man named Wilkin, living in Provost-street, City-road—he said he himself lived at Fulham, that he was in some other line of business, and he was
going to open a grocer's shop for his wife to attend to—he then left, and I went to Wilkin's house, but he was out—I then wrote to the prisoner saying I was not satisfied with the reference, and I declined the order—I did not supply him with the goods—on the following day White called again, and I asked what he knew of the prisoner—he said he had not seen him for four years, but he had formerly been a tenant of his, and his father was a clergyman in Wales—I told him the prisoner had ordered goods of me, and that he was going to open a grocer's shop at Fulham—White said he hoped he would be a good customer to me—I said I was not going to serve him, I was not satisfied with his reference—he said, "Poor fellow, it is a pity he should go to ruin for such a trifle as that," asking me at the same time what was the amount of the goods Atkins had ordered—I told him between 20l. and 30l.—he said, "Knowing his father and family so well so many years I will be answerable for him to the amount of 30l."—he said if I would draw up a guarantee he would call in a day or two and sign it—this happened on a Thursday in the middle of March—I then wrote this letter to Atkins—(read/)—"Sir, Since you were here this morning I have seen Mr. White, his reference, together with Mr. Wilkin's, is to me quite satisfactory. I shall therefore be happy to do business with you, if you please, on the usual terms; one month's credit; an answer will oblige. Your obedient servant, EDWARD DEAR. TO Mr. Atkins.") Atkins called the next day and said he had a cart outside, and he would take the goods to save me the trouble of sending them—I said they were not ready, and I would send them—White came to me again the same day—(there had been no appointment for him to come, but he was a frequent visitor about that time)—he said he had received an order from his sister in Westmoreland for some tea and grocery—he gave me the order, which amounted to about 7l.—he said he received such an order about every half-year to send to his sister, and he promised to favour me with his custom—he first said he would take the goods with him in a cab to the railway, and then he said, "Let them be strongly packed, and send them to Kemp's, in Albany-street. I am going to send some fish, and they can go together"—I sent that order which amounted to between 6l. and 7l.—White came again the same day and gave me another order for goods to be sent to his own house in Queen-street—I went with my man with the last order to Queen-street and saw the goods delivered to some female—when White had called on the Friday he said he was going to advance Kemp 500l., and he would call the next day and pay me a check for the money for his goods—I afterwards went to the house in Queen-street, found White was gone, and a man named Wilson was there in possession—there was nothing but rubbish found there—I could get no money—I went to Fulham, and could not find the prisoner there—the house was not shut up, and I do not think he was gone—I could not get any money from him or from White—I never saw the prisoner again till he was in cutody—I saw White in Old-street one night when I was in company with the inspector, and he ran away.
Cross-examined. Q. You saw Mr. Atkins, did you not, when you called in Golden-lane? A. No—I saw a Mrs. Thomas there—she has been to my house—she told me she was the prisoner's wife—I did not see Mr. Wilkins when I went to his house, but he called at my house—I do not know that Wilkins has been carrying on business for many years, and I do not believe he has—I was told he was a stranger in the neighbourhood, and I further found that he was in the habit of taking messages to White in Queen-street—Mr. Kemp was never a partner of mine—he was formerly a wholesale grocer in the City—he failed, and it was on the subject of his affairs that White
called on me—I keep a post-office—White was not about to discount any bills for me—he told me he was for Kemp.
JURY. Q. When your interview took place with the prisoner after you sent the second letter, did you then name to him that White had agreed to become a guarantee to the amount of 30l.? A. Yes—the prisoner said, "O, very well, then you can send the goods," and I sent them.
FREDERICK JOSEPH HANSON . I am shopman to Mr. Dear. I remember Mr. White calling on him, and I remember the day when the prisoner came and gave me a very large order for grocery—he said he came from Fulham, and was about opening a shop there, and he was disposed to give us a turn, if we could come to terms—something was said about credit—I went into the back parlour, where Mr. Dear was engaged with Mr. White—Mr. Dear came out of the parlour, and Mr. White followed him—when White came out, Atkins rose from his chair, and touched his hat, which White returned, and then White and Mr. Dear spoke together—when White went out, Atkins said, "Good God! is not that White? what an extraordinary thing that I should meet him here! I have not seen him before for four years"—I am positive he said that—he said White was the richest man in London; he was building houses at Dalston then, and he had houses all over London—White came again the next day—I overheard him say that he would be accountable for 20l. for Atkins, net more—I sent the goods to Fulham, by direction of my master, by the carman, William Hunt—they amounted to about 20l.—some goods were ordered for White—the first parcel was sent to Mr. Kemp's, by White's order—White returned, and ordered another parcel of goods, which were to be sent to Queen-street—he said he would get a check the following morning—Mr. Dear went with the last goods—White never called to give me a check, or the money.
JOHN HANNAN re-examined. I can swear this letter is White's handwriting—I cannot read it, but I can swear to the handwriting, by his writing to me backwards and forwards—I have his writing in my pocket—I have received letters of his, and seen him write.
Cross-examined. Q. Tell me where you saw him write? A. At a Tom and Jerry shop, just by Mr. Whitmarsh's, in Brick-lane—I wrote my name, and he wrote it—I do not know particularly whether I ever saw him write his own name or not, but I have seen him put pen to paper—I have seen him write large-hand, round-hand, and a small writing that a man can hardly make out—I can swear this letter is his handwriting—(read)—"To Mr. Chasemore, Fulham, Middlesex. Sir,—In reply to yours of this morning, respecting Mr. Atkins, I can answer to say you will be quite safe respecting your rent, I knowing him to be a respectable young man. Yours respectfully, J. WHITE. 8, Queen-street, Cheapside, Feb. 7, 1844."
WILLIAM HUNT . On the 21st of March I took the first parcel of goods to Fulham—there was almost a cart-load—the shop that Atkins had was a small shop, and very little stock—I found a woman there, and delivered the goods to her—on the 22nd I took a parcel of goods for White to Kemp's, in Albany-street; and on the 23rd I took a third parcel to White, in Queen-street, Cheapside—I found the name of "White and Company, carpenters and builders," on the door—I found an old woman there, and left the goods.
JOHN WILSON . I am a messenger and porter—I live in Cock-court, City. I was put in possession of the house occupied by White and Co., carpenters and builders, for rent, on the 19th of March—I found on the premises only a
few bricks, and chimney-pots, and pantiles, six hens, a cock, and an old woman.
DAVID GRAHAM . I am a grocer, and live in Newport-street. On the 28th of February Atkins came to me—he referred me to White and Wilkins—he said I was to go to White, as to his respectability—he said White lived in Queen-street, Cheapside.
WALTER MORGAN . I keep the Leaping-bar, in Old-street. I know the prisoner by the name of Mr. Thomas—he has passed by that name the last six months—his wife has been living in Brick-lane—I cannot say where he has been living—he is not always at home—I do not know that I know several Whites—I have not seen a Mr. White in the prisoner's company, not to know it was a Mr. White.
GUILTY . Aged 34.— Confined Twelve Months.
NEW COURT. Monday, June 17, 1844.
Fifth Jury, before Mr. Common Sergeant.
1744. JEREMIAH MARGESON and GEORGE AYLETT were indicted for breaking and entering the dwelling-house of Harriet Pile, at St. Anne's, Limehouse, and stealing therein 1 bottle, value 1s.; 1 pocket-took, 1s.; 4 half-crowns, 5 shillings, 4 sixpences, 192 pence, 96 halfpence, and 140 farthings; her property.
MR. DOANE conducted the Prosecution.
HARRIET PILE . I keep the Lord Nelson public-house, in the parish of St. Anne, Limehouse, it is my dwelling-house. On the 16th of May, about half-past nine, Margeson came in, and the rest of the company went away—he stayed and went out a quarter before twelve—soon after I shut up and retired—I had about 1l. in copper, and 3s. in farthings, safely locked in the till, in the bar—there was 1l. in silver in a bag in a private drawer at the other end of the counter—I am certain it was safe when I went to bed, and the keys were in my pocket—I cannot speak as to the yard door being fastened—about seven in the morning, in consequence of what the pot-boy said, I came down and found the yard door open, and the side door, and the liquor set flowing—on the counter, just above the private drawer, I found this knife, it does not belong to me—the money did not belong to me, but was in my care—I found the inner lining of a shoe.
THOMAS BASS . I am the prosecutrix's pot-boy. On the night of the 16th of May I went to bed—the yard and the side doors were safe—I came down about seven o'clock, and found the side door open, and the property gone—the liquor was flowing about—I found the sock of a shoe lying down against the side door—I gave it to the policeman—the tiles were moved in the skittle-ground—Margeson was the last that went out.
HENRY WOOD (police-constable K 44.) I heard something and examined these premises—I found they had been broken by taking the tiles off skittle-ground—the shutters had been attempted—I examined the bar, and found the bottom of the drawer had been cut away so as to allow the till to drop out, and then any one could get at the contents—I received this sock of a shoe—the shutters appeared to have been tried by a jemmy or blunt chisel—the knife that was left was such an one as would cut away the bottom of the till—I took Margeson into custody about nine the same morning, at a beershop in the West India-road—I asked where he had been over-night—he said, "I have not been in bed all night," he had been with a person up the Highway,
came back to Phillips's coffee-shop, and then went down to Millwall—I searched him and found 16s.3d. on him—he said he had taken it from his customers for milk—I asked him who they were—he said he could not tell me any one that bought milk of him, that he had saved it up in a box, and kept it with Mrs. Boik, in New-alley, and taken it out the day before to buy some wood—I told him to take his boots off—he took off his left boot, and I compared the sock—there is a cut in the inner sole of the boot, and the sock fits into that cut, and it fits exactly.
Margeson. Q. Had I any sock in the other boot? A. You had not—the knife is broken at the point.
SARAH BOIK . I live in New-alley, Limehouse. Margeson lived in my house nine weeks—he lodged somewhere else—he had a small box at my house—I frequently saw it open, the last time was about six weeks ago—there were letters and a razor in it—I never saw any money in it—he was not with me on the 15th of May, except serving me with milk—he did not take any money out of the box that day, and did not go to it at all—I have seen this knife in his possession more than once—I know it, and believe it to be his, but the point was not broken, with that exception it corresponds.
THOMAS WATKINS (police-constable K 310.) I apprehended Aylett on the 17th of May, in Gun-lane—I said I wanted him on suspicion of breaking and entering Mrs. Pile's public-house—he said, "I know nothing about it, I went to bed at ten o'clock, and Margeson called me up about a quarter-past eleven"—I produce this knife.
Cross-examined by MR. PRENDERGAST. Q. Did he not say "a little after eleven?" A. No—if any one has said so, they have told an untruth—I did not tell the Magistrate that he said so to my knowledge.
HENRY VERNON PARKES (police-constable K 5.) On the 14th of May I saw the prisoners together between twelve and one in the night—I saw this knife found on Margeson, it was not broken at the time—as I had no charge I returned it to him, and they were allowed to go.
Margeson. Q. Can you swear to my knife? A. Yes, there is a mark on it—I took particular notice of it.
Cross-examined. Q. Where was it you saw them? A. At the station—I was on duty when they were brought there by Young, the constable, with another prisoner.
JONAS PHILLIPS . I keep a coffee-shop in Emmett's-street, Poplar. On the morning of the 17th of May, about half-past three, the prisoners came to my shop together—they had some coffee, bacon, and eggs—they were rather in a hurry to have their meat cooked—about four they left my place—it is about a quarter of a mile from the prosecutor's—they took the direction of Millwall.
Cross-examined. Q. Do not you know that Aylett was in the habit of working at the Docks? A. I never saw him to my knowledge till the time he was with Margeson—I have no doubt that it was him—my place is near to the Docks, and some hundreds of persons who work there come—I have seen Margeson before.
JOSEPH LADYMAN (police-constable K 334.) I was on the Ferry-road that morning about five, and saw the prisoners together—I asked where they had been to—they said, "To Woolwich, to have a game"—they were coming in a direction from Phillips's, and going towards Blackwall.
Margeson. I am quite innocent.
MARGESON— GUILTY . Aged 21.— Transported for Ten Years.
AYLETT— NOT GUILTY .
MR. O'BRIEN conducted the Prosecution.
WILLIAM BLACKETT . Between ten and eleven on Saturday evening, the 1st of June, I saw the prisoner at a public-house—I was going away from her—she said, "You must not go just yet"—I told her I would give her a punch of the head if she did not let me go—she laid hold of my waistcoat, and would not let me go—she asked me for money—I said I had not got any—she pulled a knife out of her pocket, opened it, and said, "I will put this into you if you touch me"—I either hit or shoved her away—she stabbed me in the arm and said, "You b——, if you come here I will give you more"—I saw a policeman about ten minutes after it was done—he asked me who did it—I said, "I do not know," because I did not like to give her in charge—I had been living with her—I was taken to the station-house—they asked who did it—I told them.
Cross-examined by MR. PAYNE. Q. What are you? A. A costermonger—I had been living with the prisoner about two years and a-half—she had a child by me, and after she left me she went to live at her father's—she merely asked me for money—I gave her a shilling or two for the child after she separated from me—I asked her to give me the knife, and she told me she had lost it—she did not pull it out on my asking her to give it me—I do not know whether I struck her on the mouth, and made her lip swell—I have been in cus-tody twice for assaults on the police—for one I got six weeks and the other fourteen days—I have been in custody for assaults on the police a third time, and had three months—I did not mention that before because I forgot it.
NATHANIEL WARD . I am a surgeon. On Sunday morning, the 2nd of June, I saw the prosecutor—he seemed very faint from loss of blood—I found a wound of considerable depth in his right arm—it was such a wound as a knife would have inflicted—he has been under my care ever since.
MICHAEL CONWAY (police-constable H 138.) On the morning of the 2nd of June I took the prisoner—she showed me her lip which was swollen, and told me that the prosecutor had come in and struck her, that she had stabbed him, for she had had enough of his ill-treatment, and she would have no more—I was looking round the place—she asked me what for—I said, "The knife"—I found it on the mantel-piece—she said she thought it was down stairs—she was very much excited at the police-office, and when she was taken away she said to the prosecutor, "You villain, if I get at you I will be hung for you."
Cross-examined. Q. How long have you known the prosecutor? A. Three or four years—he is a man of very violent habits.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 20.— Confined Six Months.
1746. EDWIN GEORGE BARRINGTON was indicted for stealing 1 cash-box, value 4s.; 5 pieces of foreign coin, 1s. 6d.; 15 sovereigns, 10 half-sovereigns, 4 crowns, 40 half-crowns, 100 shillings, 80 sixpences, 120 groats, 2 10l. Bank-notes, and 1 5l. Bank-note; the property of Ann Blakey.
MR. PRENDERGAST conducted the Prosecution.
ANN BLAKEY . I keep the Volunteer public-house, Mill-place, Commercial-road—the prisoner came to lodge there about September—he was introduced by a respectable man who I knew—he worked in the neighbourhood—he was to pay 2s. a-week—he remained there about seven weeks,
till the 1st of November—I saw him go out for the last time between ten and eleven that day—he did not give me any notice that he was going—one week's rent and two or three shillings were owing—he was tolerably regular in his habits, and had more opportunity of observing my house than the others—he had his meals in the kitchen—after he left I wanted some money out of my Cash-box, and went to the drawer where I kept it, and the cash-box was gone—I had kept the drawer locked, and kept the key in my pocket—the cash-box was not locked—I had broken the lock about a fortnight before—it contained about 60l.—there were two 10l. notes, one 5l. note, about 15l. in silver, five foreign pieces, and the rest was in gold—the same evening my aunt found one piece of foreign coin on the bed the prisoner had slept in—these two keys were brought to me—one is a door key—the little key I know nothing of, but it opens my drawer—I did not give the prisoner this key—in the evening when the pot-boy was going to bed he produced this cash-box to me—it was empty, except four pieces of foreign coin—I have no doubt they are the same that were in the box.
Cross-examined by MR. ROBINSON. Q. What class of persons frequent your house? A. Different sorts—there are three entrances to my house—one is always open—the tap-room or parlour was the proper place for the prisoner to be in—he cooked for himself—he generally cooked his meals in the tap-room, and took it into the kitchen to eat—I never objected to his being in the kitchen—this little key does not belong to the drawers in the prisoner's room—there was a chest of drawers in his room, but there were no locks on them except on one drawer, and this key would not touch it—I saw this cash-box safe the last day of Oct.—I perfectly well recollect seeing it then—I had the 5l. note in my hand—I keep two servants, a pot-boy and a servant girl—they have access to my house—I have sometimes two or three lodgers—I let the upper part out to lodgers.
MR. PRENDERGAST. Q. Is his bed-room very near the pot-boy's bed-room? A. On the opposite side of the passage on the second floor—my bed-room is on the first floor.
MART WALDON . I am the prosecutrix's aunt. She sent for me to come on this day, as she was in trouble—I went into the prisoner's bed-room—I took off the counterpane, and shook a piece of foreign coin off it on to the floor—I gave it to the prosecutrix—she wrapped it up in paper—nothing else had been found at this time.
RICHARD PHENEY . I am pot-boy at the Volunteer. On the 1st of Nov. I saw the prisoner at half-past nine o'clock in the morning—he asked me which was the best doctor's to go to—I said, "Up the road, the first doctor's"—he said he had a pain in his back, and he would go—I told him I was going up that way, and would stop for him—I stopped some time, and sung out, "Are you coming?'—he said he was not coming just yet—when I got the pots in I found he was not gone—I was cleaning them in the back yard—he came out, and said, "I shan't be long, Dick, before I am back"—I did not see him again till he was in custody—I was taking off my trowsers the next night, and on folding them up on the bed, I heard something go crinkle—I lifted up the quilting, and saw the box—I went down, and told my mistress—another person fetched it down, and then I saw the four pieces of money in it—it was not in the bed I usually slept in—the prisoner had borrowed 1s. of me the day before—he said, "Dick, lend me 1s., I have got no money."
Cross-examined. Q. Did not he say he was extremely ill? A. No.
JEMIMA FORD . I am married, and live in James-street, Cross-street, City-road. I have known the prisoner three years—I know a person named Dorking—she lived at Islington, about half a mile from me—on a Wednesday, at
the beginning of Nov., he came to Miss Dorking—he sent a boy for me—I went there, and he said he had left his situation, he was discharged that morning, and he was going to leave London, and wished to make me some amends for what I had done for him at the time he lodged with me—I refused to accept of anything—my friend was going to buy some trimmings for a dress—I accompanied her, and the prisoner went with us—we all three went into the shop, and bought a dress for me which cost 12s. 6d.—the prisoner paid for it by a note—I cannot say whether it was a 5l. or 10l. note—Dorking bought her trimming at the same shop, but not with the prisoner's money—we went to another shop, and the prisoner bought a shawl for me for 36s. 6d., and a collar and small handkerchief for Dorking—he paid for it with a 5l. note—next day some inquiries were made, and we gave the things up to the inspector.
Cross-examined. Q. Did you see the first note? A. No—I do not know what was received in change—I believe a 5l. note was given him in change—I had seen him on the previous Sunday afternoon at Stepney—he had a 10l. note in his possession that day—I heard him tell his cousin that it was a Bristol note that he had in his possession, and he kept it to pay his wife's rent—his wife was living at Bristol—I have known him three years—he bore a very good character.
MR. PRENDERGAST. Q. Was he ever so liberal to you before? A. No—my husband was at home that Sunday—I do not know whether he saw this 10l. note—his cousin is in the habit of coming from Bristol with a vessel, and he was at my house when he came—they went to a public-house in the City-road on the Sunday night to get a glass of brandy-and-water, and he was going to change his note, his cousin said, "Don't change your note,"and he lent him a sovereign—I did not say a word about it before the Magistrate, because I was not asked.
JEMIMA DORKING . I live in Field-terrace, Battle-bridge. In Nov. last I was living at Islington—on the 1st of Nov. the prisoner called at my house, and he told me through being at our house on Sunday he did not feel very well, and did not go to work—he said, "I have got the sack to-day"—he asked me to go for Ford—I said I had some work to do, and sent a little boy—when she came he said, "What do I owe you?"—she did not make any answer—he said, "I must go home now"—I wanted a little gimp, and we all went—I could not get what I wanted at the shop, and he bought Ford a dress—he afterwards went to another shop with me further on Islingtongreen—he saw some shawls at the first shop—they were three guineas and a half, and he could not afford that—he went to another shop, and bought one for 36s. 6d.—he gave me a collar, which came to 2s.—I gave it up to Penny—I saw the prisoner change a note at the first shop, but whether it was the one he had on the Sunday or not I cannot say—I said at the police-office that he had a note in his possession on the Sunday.
Cross-examined. Q. Did you see enough to know whether it was a Bank of England note he changed at the first shop? A. No, I did not see what was given at the second shop—I have known the prisoner about eighteen months.
MR. PRENDERGAST. Q. I believe you have been to see him in Newgate? A. Yes—my mother and Mrs. Dorking were with me.
JOHN FRANKLIN . I am a police sergeant at Bristol. I received a letter from our superintendent about the 4th of Nov.—I met the prisoner in Castle-street, Bristol—I told him I was going to arrest him for a robbery committed in the Volunteer public-house in Limehouse—he said, "It is not me"—I said, "Oh, yes, it is; I am satisfied it is you; you must come with me"—he said, "I used to lodge there"—I then conveyed him to the station and pulled the Police Gazette from my pocket and read the advertisement to
him—he said, "Let me see it, will you?"—he read it, and said, "It does not answer my description, does it?"—I said, "No"—he put his hand up and said, "My whisker is larger"—I said, "Yes, but six months makes a great difference to a person; but I am satisfied you are the person; besides I had a letter from the inspector, giving your name, and the residence of your wife, and the cash taken, and the box"—I said, "I have got the letter, you shall see it"—I sent for it but could not get it, and when the message came back he said, "Do you know whether it stated whether the box was broken open or not?"—I said, "It is six months ago since I read the contents; I can't recollect that, whether it is so or not, but most likely it may be"—shortly after I said, "If you had given the landlady notice of your intention of going that would have removed part of the suspicion that rests on you"—he said, "I owed her 9s., and I had not the means of paying her without depriving myself of the means of going on tramp"—about an hour after I was going up Castle-street to the Magistrate, and the prisoner said, "Don't the Government keep clerks in the convict department"—I said, "I don't know, what was your object in asking"—he said, "You know I received a liberal education, and I may succeed in getting a situation"—I told him if he did it would depend on his conduct.
Cross-examined. Q. Did he not say, "There has been many an innocent man transported, and perhaps I may be?" A. I am confident he did not.
WILLIAM PENNY (police-inspector.) This shawl, dress, and other things were delivered up to me on the 4th of Nov. by Dorking and Ford—I have tried every means of finding where they were bought, but 1 could not succeed.
GUILTY . Aged 23.— Transported for Ten Years.
MR. BALLANTINE conducted the Prosecution.
Cross-examined by MR. PRENDERGAST. Q. Did you know him before? A. I never saw him before, but I took notice of his person, and he knew me the moment I was at the office—I know every person more or less that comes to be married at our church—I had no reason for noticing him more than any other person.
WILLIAM COCKBURN . I am the prisoner's brother-in-aw. I remember his living with Miss Hitchcox, but after her marriage I asked the prisoner whether he was married or not—he said he was lawfully married to Mary Hitchcox in the month of May—I know his handwriting—this is it—I can swear to it—it was his wish that I should swear to his handwriting.
Cross-examined. Q. You know Bridget Thomas very well? A. Yes; she was in the habit of coming to the prisoner—I saw her in Feb., she produced a certificate to me, and she knew from me then that the prisoner was married—it was a paper partly written, and partly printed—she produced it to me in Feb., and said she was lawfully married to the prisoner—I said the prisoner was a married man and that was no certificate—I told her she had altered the paper—I saw her several times before and after that coming to the prisoner, and had remonstrated with her, and she was denied the house.
MR. BALLANTINE. Q. Have you seen any of the prisoner's friends very lately? A. Yes; I live in he same house.
of their living together as man and wife—I know my sister's handwriting this register is in her handwriting—she is living.
Cross-examined. Q. You never knew of their living together? A. No,1 knew of her being fetched away from her furnished lodgings.
BRIDGET THOMAS . I have known the prisoner for two years, but did not keep company with him till last Christmas—between eleven and twelve o'clock, on the 8th of April, 1844, I was married to the prisoner—after we came our, he handed me the certificate of the marriage out of his hat—we separated after we came out of church—he was going to leave a parcel—I did not see him again for six weeks—I had expected to see him the following night—he did not exactly tell me why he did not come to me, but told me he would meet me on the following evening, opposite my place—I had not a great deal of money, but he asked me for 23l. six weeks before I was married—I did not give it him, because I had a family to look to—I lent him a trifle before before we were married—he said after that that he married me for lucre, but as I had no money, he said, "You may do as you can"—Catherine Raymond and John Thomas were present at my marriage—I made a mark in the register—the prisoner attempted to sign his name, but his hand shook so much—he wrote a part—the clerk said, "I will write the name," and said, "You make your mark"—I gave him into custody last Saturday three weeks.
Cross-examined. Q. Did you ever sleep with him after the marriage? A. Yes, I slept with him part of two nights at his mother's place, when his mother and sister were out—I was with him two hours—one of his sisters was in bed in the next room, and I was with him in the other—the marriage took place on Easter Monday, the 8th of April—I was taken up on the night of Easter Monday for an assault, and sent to jail—I was put in for spite—I remained there six weeks—no one was with me when I committed the assault, I was in my own room at tea when the parties came in and assaulted me—I resented it—I do not know how Catherine Raymond came to the wedding—I gave my brides maid 6d. to give me up to be married—I do not know her name—I met her close to the church, because the prisoner did not wish me to carry any of my friends with me—I never married him before—I know a good many persons named Shean—I have seen a man named Shean, who was transported, in my husband's company—I do not know that I saw Shean on Easter Monday—I had been intimate with the prisoner before marriage, as far as keeping company—his mother and he slept one night in my house when it was wet—I passed a night between his mother and sister at his house—his mother and sister did not know we were married—he did not wish them to know—I saw him on Easter Monday, at five minutes to eleven, at his mother's place, in Fitzroy-market—he opened the door to me, and told me he had a parcel to take for his master—Mrs. Atkins was the woman that owed me a spite, and put me in jail—I was not in company with Shean that day—I was minding my business, and bringing home my linen from gentlemen that I work for—Mrs. Atkins did not complain of the prisoner's coming to me—she never ordered me out of her house—I did not, in Feb., produce a certificate of my marriage to Hitchcox, or any other person—he did not tell me I had altered it.
MR. BALLANTINE. Q. After you got out of prison did you go back to the prisoner? A. Yes, he received me as his wife, he did not deny his marriage at all—he did not intimate any intention of leaving me till he found he could not get my money.
Cross-examined. Q. How came you to be there? A. My husband asked me to go in and see the marriage—I saw the marriage solemnized—Bridget Thomas spoke to me to be a witness last Sunday fortnight—I have known her from her infancy—she did not give me 6d. to see her married—there was another woman at the altar—the prisoner was married the first couple.
Cross-examined. Q. Who was it to?A. The prisoner—I went back to my business, at a newspaper place, afterwards, and left my mother—her bridesmaid was a person she met in the street, whom she had never seen before—I knew a person named Shean—I never saw him with my mother—he has been transported.
ROBERT JOHN LETTICE . I am acting parish-clerk at St. Pancras. I do not know the prisoner—I know Thomas, by her coming once or twice to me about publishing the banns—I remember her being married on Easter Monday, the 8th of April—she put her cross in the book, and the person to whom she was married put his cross—we had a dozen weddings on that day—I believe I gave the certificate to Thomas.
Cross-examined. Q. To the best of your knowledge and belief, looking at the prisoner, does he strike you as being the man who was married that day? A. He does not—he appeared to me to be a shoemaker or smith—he had an apron on—he made an attempt to write his name in the other book, but could not, and I told him to make this mark—I do not think he could write at all, from the manner in which he began.
MR. BALLANTINE. Q. Could you tell whether that was put on? A. I could not—he managed a portion of an M, but made such a bungle in it, that I took it out of his hand, and he put a cross—I gave a certificate to the persons that were married that day—there was a slight error in it—Thomas was described as a spinster, and the book was altered—my attention was not called to this till Whit Monday, when Thomas came to me—I did not see the prisoner again till I came into Court.
MR. PRENDERGAST called
JAMES BEACH , bricklayer, Craven-court, Hungerford-market. The prisoner was at work for me on Easter Monday—he left me from eleven to twelve o'clock in the morning—I cannot say whether the clock had struck eleven before I sent him to Bishopsgate-street—the work was done—he returned about two, and then he left, and said he was going to Stepney fair—he brought back a receipt, showing that he had been to Bishopsgate-street in the mean-while.
MR. BALLANTINE. Q. How long had he been in your employ? A. About two years—he always worked on a Monday if I had it for him to do—he was removing some things from St. James's-street on that day—he came about eight o'clock in the morning—I and my wife were at home—she did not see him in the morning—she saw him once or twice in the day—he had been from eight till eleven backwards and forwards with me, two or three times, to St. James's-place—he had not had his breakfast when he came—I told him to go and get his breakfast, which he did, and he was back to me at a quarter before nine—we then went to St. James's place, and brought some empty oil-cans—there was a relation of mine there, who had been doing the work—he delivered them to us, and we brought them to my place, both together—we remained there ten minutes or a quarter of an hour, then went back to the tame place
and brought away a keg and a mortar-board—I had been doing a few things myself there—I went back again the third time; but the last time the prisoner came back a little before me, and then I went direct home, and wrote out the delivery note of these things—I found the prisoner at home when I got there, and then I sent him with the note to Bishopsgate-street Without-that was the only place he had to go to—he came back about two o'clock—I have no clock in the shop—I have a watch—I recollect the time, because when I started the prisoner to the City, between eleven and twelve, I went back to St. James's-street to see my relation, with whom I had a little business—I then returned home to dinner—I looked at the clock, and it was twenty-four or twenty-six minutes past one—I wrote a statement of this in a note at the police-court—I went up there, but not till after he was sent here—he wrote to me from Clerkenwell—I handed the letter to Mr. Rawlinson.
MR. PRENDERGAST. Q. You made a written statement, and sent it to Mr. Rawlinson? A. I gave it to the prisoner's mother—I was engaged the following day, and could not be there—I had written the statement before I knew what the prisoner was in Bridewell for—when he left me he was in dishabille, and had the cans slung over his shoulder—when he came back he was clean, and said he had gone and cleaned himself, and he was going to the fair.
ELIZA ATKINS . I live in John-street, Portland-town. Thomas has lodged with me since last August—I saw her come from the Prince George of Cumberland, on Easter Monday, and knock at my door at a quarter before twelve o'clock—it is two miles from my house to New St. Pancras church—a young person who was with me let her in—she went in, and went to her own room, and left the door open—soon afterwards a man came in—I had a great deal of linen in the house—he was a very dirty man, and had a kind of shooting jacket on—he was standing against the pales, and she beckoned him in—she went into her own room with him, and was shut is about a quarter of an hour—I got into a desperate quarrel with her about her bringing that man—she abused me, and struck my mother, and at six o'clock in the evening, she was taken to Salisbury-street station—I am sure it was a quarter before twelve when she came to the house, because I wanted my dinner, and I looked at the clock, and said, "We don't dine till twelve"—I am quite certain about the time—the man who came always went by the name of Shehan—in the letter that came from the House of Correction it was Sheene—he had a very dirty appearance, and dark clothes on, a white cravat, and a very shabby hat on—the prisoner was acquainted with Thomas, and repeatedly came to my house—I had found him there all night—his mother never slept in my house but once when they had been to Cato-street dance.
MR. BALLANTINE. Q. When did you see his mother last? A. I left her down stairs—I had no conversation with her on the subject of her son—she does not talk to any body about him since his committal—I have seen her every day—all she says is, "I hope my son will get off, and get clear, because I think him innocent"—I was not in bed on Easter Monday—I had got up on the Saturday before, and was in my front room, which is my laundry—I have a clock in my room—I have made a statement of the time to the prisoner's sister, and to his brother-in-law William Cockburn, the witness—I stated it to him, because he put the question to me—I cannot say exactly when I made the statement to him—it might have been the day after I was subpoenaed, but I have not borne it in memory—it is since Wednesday last, the day I was subpoenaed—I cannot tell whether it was Wednesday, Thursday, or Friday—there was no clock in the place where I had the conversation with him—if I must come to recollection it must have been after we met here at the Old Bailey—I came directly from my house up to the Old Bailey.
not speaking to any one till I arrived at the Court—it might have been about half-past nine in the morning, when I had the conversation with Cockburn here in the Old Bailey—he did not ask me any question—I had very little conversation or none with him—I made a statement respecting the time to his sister and to him—we were all of a party—I was at the police-court, but was not sworn—I was in the court at the time Bridget Thomas was sworn, and beard her give her evidence.
MR. PRENDERGAST. Q. Have you any motive whatever in coming? A. I am disinterested to both parties—I came to hear to speak the truth as they told me I was compelled to come—they brought me a subpoena—I have never seen the prisoner in my house since the marriage—he left my house three weeks before the marriage, and took his fiddle with him—I never saw him in my house after that.
SUSANNAH WOODLAND . I was passing by St. Pancras church on Easter Monday—I did not go into the church—I knew Bridget Thomas before that—I saw her go into the church with a man who was not the prisoner—I do not know the man, but on my oath it was not the prisoner.
MR. BALLANTINE. Q. Where did they find you? A. Last evening I was going down the road, and I saw the prisoner's mother—I asked her whether he was come home—I had not a great deal of conversation with her—I told her that I saw Bridget Thomas going into the church on Easter Monday—the prisoner's mother is a neighbour of ours—I heard last Thursday that the prisoner was charged with bigamy in marrying Bridget Thomas—I did not go and tell his mother then, for I did not know but what she knew it—I am not to get anything for coming here—I have had no conversation with anybody about being paid—I go out washing and cleaning—I should not have been at work to day—I met the prisoner's mother last evening at the corner of Oxford-street—she was alone—she addressed me—I did not go anywhere with her—we stood talking about ten minutes—I saw her this morning at her own door when I came out of my street door.
JURY. Q. How long have you known Bridget Thomas? A. I have known her three or four months by coming into the market.
MR. PRENDERGAST. Q. You had heard that the prisoner was taken up from somebody or other? A. Yes—I cannot tell who I first heard it from—I had known the prisoner three or four years, and lived in the same place with him—I have no motive in coming here—no offer of payment has been made to me—the prisoner's mother is a poor woman.
COURT. Q. Did you ever see that man that you saw go into the church before? A. No.
CATHERINE COCKBURN . I am the prisoner's sister and am the wife of the witness who has been examined—I saw Bridget Thomas with the marriage certificate in her hand in Feb. last—she told me she was married to my brother, and I made her answer that she was not—I and my mother have two beds in one room, and one bed in another—on the 28th of March, to my great surprise I saw Bridget Thomas in bed with my brother and another man—I should know Shehan if I were to see him, but I believe he has been transported—he went by the name of Shirtbutton, I believe—he denied his own name—I knew Bridget Thomas was acquainted with Shehan—I have seen them at dances together, and carousing about—I have not seen the prisoner since April—I did not see Bridget Thomas on Easter Monday with any body—I got up at eight o'clock in the morning, and never left my home till past twelve—I left to go to Stepney fair—neither she nor any other person entered my house that morning.
GUILTY . Aged 26.— Confined Three Months.
1748. FRANCIS AMOS and GEORGE BROWN were indicted for stealing 14lbs. weight of lead pipe, value 7s.; 1 metal cock, 4s.; and 1 gas fitting, called a burner, 1s. 6d.; the goods of John Lalor Dorand, the master of Amos.
JOHN LALOR DORAND . I live in Clare-street, Clare-market, and am proprietor of the Fountain public-house—Amos has been repeatedly in my employ—on the 6th of June, he came to my house to alter some gas fittings I then had something for him to do in the cellar—he took a basket down in the cellar—he saw what was to be done, and went to work—I went about my business—some time after I came over the trap-door which leads to the cellar, and heard two voices in the cellar—I went down and found Brown there, whom I had previously forbidden to come to my house—Amos was there, and he was then perfectly sober—they came up and down repeatedly out of the cellar—Brown afterwards came up with a basket, and Amos remained below—I went down and found Amos quite intoxicated—we got him carried up to the tap-room, and when the house was about to be closed I missed this pipe and cocks—they had been down in the cellar, except a small gas fitting which was found on Brown—he carried the basket—Amos was in the cellar.
CHARLES YOUNG . I am waiter to Mr. Dorand—I found Amos asleep in the tap-room that evening—this tap was in his pocket—it is my master's-Brown came up with a basket and set it down in front of the bar—it was carried in the tap-room—I looked in it, and found these pieces of lead pipe in it—this gas fitting was found on Brown.
Brown. The gas fitting found on me is my own. I will be judged by any tradesman if ever gas has passed through it. I never was forbidden the house; I was there and Amos asked me to assist him; he asked me to bring his basket up out of the cellar; I might have taken it away two hours before; I bought this gas-cock in Holborn.
Amos, Mr. Dorand told me he wished me to repair some pipe; I made a number of joints for him; the rest of the old lead I put into the basket; if I had intended to take any away I should not have stayed in the tap-room; the lead pipe in my basket is my own, I brought it from over the water; the tap I brought up in my pocket, and asked him if he would have it repaired. (The prisoners received good characters.)
AMOS— GUILTY . Aged 28.
BROWN— GUILTY . Aged 37.
Confined Three Months.
GUILTY . Aged 29.— Confined One Month.
SARAH BROWN . I am the wife of Henry Brown, of Clement's-lane, Strand; the prisoner used to come to our house. On the night of the 20th of May I missed these things—the hat and flannel shirt are here—they are my husband's.
Prisoner. Q. What do you swear to the hat by? A. By a very peculiar
band, and there it a small space on the lining and rim which has been-burnt by a lucifer—I gave the prisoner an old hat three or four months before, and when he stole this hat he replaced the old one in the box.