CENTRAL CRIMINAL COURT.
NINTH SESSION, HELD JULY 1ST, 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, July 1st, 1844, and following Days.
Before the Right Honourable WILLIAM MAGNAY , LORD MAYOR of the City of London; Sir Edmund Hall Alderson, 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; Sir Samuel Taylor Coleridge, Knt., one other of the Justices of Her Majesty's Court of Queen's Bench; William Thompson, Esq.; Charles Farebrother, Esq.; William Taylor Copeland, Esq.; Sir Chapman Marshall, Knt.; and John Humphery, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Michael Gibbs, Esq.; and John Johnson, 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. NINTH 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, July 1st, 1844.
First Jury, before Mr. Common Sergeant.✗
BARNET KESNER . I live in Queen-street, Pimlico. On the 6th of June I missed these trowsers from inside the shop, which I had seen safe five minutes before—I saw the prisoner with them under his arm, about twenty yards from the shop—I said, "These are my trowsers"—he said, "I know nothing about it"—he was drunk—he stood still—the policeman came up and took him.
Cross-examined by MR. HORRY. Q. Was his wife in the habit of dealing at your shop? A. Yes, she often paid money on different things—she had paid me 7s. on a pair of trowsers shortly before this, but these hung in the shop—I was in a room behind the shop—he did not come and ask for a pair of trowsers—they are corded.
BARNET KESNSR re-examined. I had seen him about the street that day, talking to some workmen—he never came and asked me for any trowsers—I had never seen him before that day—I had seen his wife about three days before.
(The prisoner received a good character.)
GUILTY . Aged 47.— Confined Nine Months.
MR. BALLAKTINE conducted the Prosecution.
ELIZABETH HUGHES . I am married. The prisoner lodged with me in Hercules-buildings, Lambeth, and afterwards in Arbour-square—eleven months altogether—while he was with me I had the articles stated—I do not keep a shop—I never gave him permission to take the articles.
Cross-examined by MR. DOANE. Q. How long have you known him? A. About eleven months—I kept no shop, but lived on what I got by my lodgings—I had three lodgers when I was single—my sister who was single lived with me—I married last September—my husband is a cook on board
ship—the toys were taken in December—the prisoner left my apartment on Monday the 8th of April, and got married on the Wednesday, but I did not hear of it till a week after—when he left me on Monday he was to return to dinner, but I saw no more of him till I went with a warrant on the 3rd of May to search for the property—he had told me when he left that he was coming back, and I expected him to bring his present wife with him, as she was coming from Richmond, and asked if I could let her sleep a night or two with me—I said, "Yes," but he never came—I did not myself miss the toys till he was gone, till his sister-in-law came and told me where he lived—that was about a week after he left—I did not go to his residence then, as I thought it better to get advice from Mr. Pelham, the attorney—I went to him in about a fortnight—he was taken up on the 3rd of May—I went to Mr. Pelham nearly a fortnight before that—he was taken to the Thames Police—I and my sister, French, and the policemen gave evidence—the Magistrate asked if he owed me anything—I said 10l. 7s.—he said, "Well, I dismiss the case, but you are at liberty, three days hence, to take the case to the Sessions"—I did not prefer my bill then, as Mr. Pelham told me I had better find more property—he was apprehended at his lodgings living with his wife—I had seen the toys last before Christmas.
MR. BALLANTINE. Q. When did you marry? A. On the 11th of Sept.—I never got the 10l. 7s. from him—I have missed other property to the amount of 5l. or 6l.—he gave me no notice of his intent to leave—I expected him back to dinner.
HANNAH FRENCH . I resided with my father in Holywell-lane at the time in question—the prisoner brought the toys produced to my house, and gave them to the child of his present wife, who was living with me—I am sure these are the toys—I saw him bring them.
Cross-examined. Q. His present wife was a widow, and had been married to your brother? A. Yes—it was her child.
Cross-examined. Q. When did he bring them? A. The beginning of December.
ELIZABETH HUGHES re-examined. I know the toys and curry-powder the salts of lemons I know by the label round it—I had several boxes of salts of lemons—this is one of them—I am sure they are my property—I know the curry-powder by a mark on the lid of the box, "2255" a scratch in ink, and a figure 1.
Cross-examined. Q. This is the shop mark? A. Yes, I have no private mark—the seal on the curry-powder corresponds with the packets I have—I had only two—one was taken—it is not my seal—I told him I had lost the curry-powder.
MR. BALLANTINE. Q. When was that? A. Soon after I lost it, which was in December—his present wife was coming to our house to tea at the time, and he begged me not to mention it to her.
COURT. Q. Why not? A. Because I had lost a sovereign shortly before, and had mentioned it to her.
1805. EDWIN ANDREWS and JOSEPH PLATT were indicted for burglariously breaking and entering the dwelling-house of Robert Seddon, at St. Giles's-in-the-fields, and stealing therein 1 watch, value 1l. 14s. 6d.; 1 seal, 6d.; 1 canvas bag, 1d.; 1 sovereign, 2 half-sovereigns, 5 half-crowns, 20s., 7 sixpences, 36 pence, and 70 halfpence, his property; to which
ANDREWS pleaded GUILTY . Aged 17.
PLATT pleaded GUILTY . Aged 17.
Confined One Year .
GUILTY . Aged 14.— Confined Six Months.
WILLIAM HAMMOND . I live in Margaret-place,. Clerkenwell. The birdcage produced is mine—I saw it safe on Wednesday afternoon, and missed it on Thursday morning, about twenty minutes to one o'clock, and about twenty minutes to two it was found by the policeman—the prisoner lived at No. 4, next door—the policeman brought it out of the prisoner's yard.
ELIZABETH HAMMOND . I am the prosecutor's wife. I was awoke by the baby about one o'clock on Thursday morning, and heard a noise, looked out, and saw the birdcage go from the window, by the light of the gas, and saw the prisoner go with it into his own house—it had hung on the window ledge—I am sure he is the person.
Prisoner's Defence. I know nothing of it; I was asleep in bed when the policeman came.
MRS. HAMMOND. I am certain it was the prisoner took it—he wat in his shirt sleeves—I saw his face, and saw him go into his house with it.,
GUILTY . Aged 21.— Confined Nine Months.
Prisoner's Defence. I found the duplicate on the premises.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 52.— Confined Two Months.
MR. BALLANTINE conducted the Prosecution.
JACOB DENNIS THOMAS . I am a labourer in the London Docks. On Wednesday the 12th of June, I was at work at the back of Nos. 4 and 5 Warehouses—the prisoner, who is a custom-house officer, was there—there were some hogsheads of tobacco being rolled out of the back shed—one that came out was rather open in the head-part round the rim—I am confident there was no tobacco hanging out of it—as soon as it was stopped, and the men that had turned it out went back for another hogshead, the prisoner made a start at the hogshead, and took a handful of tobacco out of the end of it, turned himself round quickly, and put it under the tail of his coat—he kept both his hands behind him—I directly told Smith of it.
Cross-examined by MR. DOANE. Q. How many men were engaged in rolling out these hogsheads? A. Three were engaged rolling out, and nine others were rolling after they did come out—there might have been twenty altogether, but I do not know—I do not belong to that department—I have been in the Company's employ twenty-two years—I believe this was between one and two o'clock in the day.
GEORGE SMITH . I am a labourer in the London Docks. On the 12th of June, Thomas made a communication to me—I saw the prisoner take a hand of tobacco from the head of the hogshead, retreat about ten yards from the hogshead, and put it underneath his coat tails—I went and asked him what he had about him—he made no reply—I asked him for the tobacco he had, and he handed it to me from underneath his coat tails—I told him he ought to be ashamed of himself, a man like him, he ought to have known better—he made no reply—I told him to go about his business—I took the tobacco and threw it up into our own warehouse, where Thomas was.
Cross-examined. Q. You saw him take the hand of tobacco? A. Yes, it was similar to this produced—this is what I call a hand—it is twisted round and consists of several leaves—the head of the hogshead was rather loose.
MARTIN DOOLEY . I am a locker in the service of the Customs—I am in charge of the tobacco warehouse at the docks—the prisoner is a locker in the tea department—that has nothing to do with the tobacco warehouse—they are convenient to each other—he had charge of the tea warehouse—these casks of tobacco were being rolled from the shed I had charge of, to another warehouse—I cannot say whether the prisoner had any right where they were rolled—he had no business there that I know of—there were no teas there—about one o'clock that day Thomas spoke to me, and pointed out a hand of tobacco like this—I could not swear this was it—I went to the prisoner, and said, "Mr. Watling, did you take this tobacco out of the cask?"—he said he did not, he picked it up to give to me—I told him he ought to be ashamed of himself for doing such a thing, and whatever he said after that I did not hear, because I walked out.
Cross-examined. Q. Can you get to the privy from where these casks were? A. He should go to the back of the warehouse—you can get to the privy from that place.
MR. BALLANTINE. Q. Would it be necessary to pass that place to get from the tea warehouse to the privy? A. Yes, all the privies are between the sheds and the warehouses—he could go either way—I cannot tell which would
be the nearest—I do not go that way, because there is a privy on the ware-house I belong to.
GEORGE DIX . I am a constable in the London Docks. I have known the prisoner as being employed in the docks by the Customs many years—on the 12th of June, I went to the Surveyors of Customs'-office—the prisoner was sent for, and was questioned by the surveyor as to what business he had there—he said he was going to the privy—there are several privies, the most convenient and nearest would be at the back of No. 5 warehouse—to get there he would have to pass before the tobacco warehouse, but not where this transaction took place—he said he had picked up the tobacco for the benefit of the revenue—he did not say he took it out of a crack in the cask.
Cross-examined. Q. Did be say he saw it hanging out of the cask? A. No, he said, "I picked it up for the protection of the revenue"—I will not swear he did not say he saw the tobacco banging out of the cask—I do not recollect it, I may have forgotten it, but I do not believe he said it—I have known him there fifteen years and upwards—he went voluntarily before the Magistrate—I did not take him into custody—I gave him the privilege of meeting me at the police-office—the tobacco was taken from within the docks.
MR. BALLANTINE. Q. How long was the conversation going on in which he said anything about picking it up? A. The surveyor had them all up, and questioned them all—the prisoner was examined twice—I was not present in the morning.
GEORGE SMITH re-examined, I took the tobacco from the prisoner not a minute after Thomas finding it on him—it was after taking it from him that I said he ought to be ashamed of himself—Thomas had not spoken to him before me—it was under his coat tails, not under his waistcoat at all—it showed itself at one end—he had both hands to keep it up.
Prisoner, This man stated before my surveyor that he did not see me pick up the tobacco, and he could not swear to it; the three men who were rolling, the tobacco saw me pick it off the ground; it was in the middle of where the carts and wagons go, where I have to give the papers to the carmen.
Prisoner. The carts draw away when they have got teas in, to make room for other carts and wagons to go up, and then they wait for their pass and the documents. Witness. I saw the place where he took this tobacco from—he had no business at all there with the tea—I never found it so since I have been there.
JURY. Q. Are you positive as to his putting his hand in, and taking the tobacco from it? A. I am—he could not have picked it off the ground—there was none on the ground.
GUILTY. Aged 53—Recommended to mercy.— Confined One Year ,
ELIZA BROOK . I am the wife of Robert Brook, of Peter's-bill, Doctor's Commons. I had two dresses, which I saw safe at five minutes before eight o'clock, on the morning of the 11th of June—I missed them about five or ten minutes after eight—these now produced are them.
ROBERT BROOK . On Tuesday the 11th of June, my mother went out a little after eight o'clock—a little after that the prisoner came and asked my sister to give him a light for his pipe—he went out, came again, knocked at
the door, and said, "Your mother has sent me after two gowns"—I said, "Where is she?"—he gave me no answer—there was another boy at the door with a bag—the prisoner came to the door, took the gowns, and put them into the bag, and both ran down the hill—I am sure the prisoner is the person.
JOSEPH HERRINGTON (City-police-constable, No. 112.) I received information, and went to Fore-street, where I saw the prisoner offering one of these gowns for pledge, about nine o'clock on this same morning, the 11th.
GUILTY .** Aged 17.— Transported for Seven Years.
GUILTY . Aged 23.— Confined Three Months.
THOMAS RITSON . I live in Northampton-street, Lower-road, Islington. On Wednesday night, the 19th of June, I was in Goswell-street about a quarter past eight o'clock—I had a handkerchief in my pocket about five minutes before—I missed it, when I was told something—I saw the prisoner running from me—the handkerchief is not here.
JAMES JARVIS . I am a painter, and live in Goswell-road. On Wednesday night, between eight and nine o'clock,. I was walking behind the prosecutor—I saw the prisoner walking by his side, and saw him take his hand out of bis own pocket, put it into the prosecutor's pocket, take out the handkerchief and put it into his own pocket, and immediately stoop down and scratch his leg—I tapped the prosecutor on the shoulder, and told him he was robbed—he missed his handkerchief, and we saw the prisoner running across the road—I ran after him—I did not see what he did with it—I saw two men about.
JOHN REEVES . I live in Bridgewater-place, Goswell-street. I saw the prisoner running—I followed him, and saw him give the handkerchief to another man—the prisoner was stopped—we could not find the handkerchief.
Prisoner's Defence. It is all false; I took my own handkerchief out of one pocket, and put it into another; I did not take any handkerchief out of Mr. Ritson's pocket.
GUILTY . Aged 23.— Confined Three Months.
OLD COURT.—Tuesday, July 2nd, 1844.
Third Jury.—Before Mr. Common Sergeant.
JOSEPH CARR . I am the son of James Carr, and live at Colebrook. On the 15th of June, about ten o'clock at night, I was out with the horse and cart—I drove up to Mr. Crossley's door and went in—I came back in two or three minutes, and missed a fore quarter of mutton from the cart, which was there when I left it—I have since seen a portion of it in the policeman's possession, and know it to be my father's mutton by the score, and the chopping down.
Cross-examined by MR. BALLANTINE. Q. What part of the mutton was it the policeman showed you? A. The ribs—it was cut in two or three parts—there was the whole of the neck and breast.
WILLIAM CROSSLEY . I saw the prisoner go out of my house—I followed him up the field, and saw him go into my wheat, and fetch something out, but what it was I could not tell—he threw it over his shoulder and said to his mate, "Mate, we have got it now, and if anybody follows us we will knock their eye out with it"—I hallooed after him, and told him to drop it—I knew him, and thought he had something which did not belong to him—he set off running down the field—I ran after the prosecutor to tell him to go after his mutton, supposing it was the mutton the prisoner had got.
WILLIAM FIELD (policeman.) I found this mutton about half-past three o'clock in the morning, between the prisoner's bed and bedstead—he would not give any account of it—I showed it to the prosecutor, who examined and swore to it.
Cross-examined. Q. What part was it? A. The neck and breast—it weighed 14lbs.—I went to the prisoner's lodging twice, and found it the last time—the shoulder was cut off—I have not found that.
(The prisoner received a good character.)
GUILTY. Aged 21.—Recommended to mercy.— Confined Two Months.
Fourth Jury, before Mr. Common Sergeant.
1815. GEORGE PAGE was indicted for burglariously breaking and entering the dwelling-house of Constantino Geralopulo, about the hour of two in the night of the 27th of June, at St. Stephen, Coleman-street, with, intent to steal, and stealing therein, 2 cruet-tops, value 5s.; 1 spoon, 7s.; and 1 handkerchief, 4s.; his goods; also, 1 pair of earrings, 6d.; 1 ring, 1s.; and part of a pencil-case, 1s.; the goods of Catherine Edwards.
EDWARD SPRIGGS CLARK (City-police-constable, No. 130.) I was going along Blomfield-street about two o'clock on Friday morning, the 28th of June, and saw the prisoner in a livery-stable yard, against the large gates belonging, I believe, to a person named Fox—I heard him first trying the gate—I asked who was there—no one answered—I looked through the side gate, through some railings, and saw the prisoner retreating back to the side of the wall—I saw him go up some steps on to the roof of the stable, on to the top of the roof at. the side, and along the top of it—he then threw something from his hands into the burial-ground of the Catholic-chapel—when he got to the end there, he jumped down, and I lost sight of him—I am sure he is the man—I afterwards found him in the privy of the area of No. 16, at the back of Finsbury-circus—that was between three and four, about an hour and a quarter after I had seen him going over the roofs—he said he had been asleep there—I did not go to where I saw him throw something—Mason, another officer, was there.
Cross-examined by MR. DOANE. Q. Were you in company with Mason? A. No—I placed men round at every place where the prisoner could get away—I told Mason to go there before I went on the roof after the prisoner, and after I had first been to the livery stable gates—I was alone at the gates when I saw the prisoner—there was no one close to me when I saw the prisoner going over the roofs—there were persons inside—the livery stable gates
are about thirty yards from No, 16, Finsbury-circus, or perhaps not so much—it is in the same line of building—you have not to cross the street at all—I believe there are live houses between—the back of No. 16, Finsbury circus, is almost opposite the prosecutor's house—the livery stable is on the left hand side—it is all within a few yards—a person could get from the livery stable to the prosecutor's by getting over the walls—the prisoner was about two yards from the gate when I looked through—he must have heard me ask who was there—I then called my sergeant, who was in view, and told him that a man was going over the roofs of the houses—the prisoner could hear that—I did not see what it was he had in his hand—he got up some steps on to the roof of a stable, and went along from one place to another—he ran along the roof, and when he got to the end he jumped off on to some leads, and then down into the yard of No. 21, which, I think, is the Catholic priest's house, attached to the chapel, the back of which is almost opposite the back of the prosecutor's house—there is only a cart-shed and a stable between them—the back of the prosecutor's house is nearly opposite the back of No. 16, Finsbury-circus, where the prisoner was found—he was on the roofs of the houses when I saw him throw something away into the Catholic chapel burial-ground—it was a little before two o'clock—I did not see two men running away, nor any one, but the prisoner—I had him in view six or eight minutes—I had never seen him before—lam sure he is the man 1 saw on the wall and jump down.
ADAM SPARY (City police-inspector.) I went my rounds between one and two o'clock on the morning of the 28th of June—I went to No. 15, North-buildings, Finsbury-circus, and observed that the door had been cut through; here is the piece of wood that was taken from it, and these tools were found close to the door—they are regular housebreaking implements, a jemmy, a gimlet, and centre-bit—the door had been afterwards opened—I then proceeded to search the back premises, and, not finding any one there, I went round to the opposite building in Finsbury-circus, and at the back of those premises, after searching for a considerable time, the prisoner was found in the area of No. 16—I was present when he was found.
Cross-examined. Q. Did you hear him say he had fallen asleep there A. I do not recollect—he was down in the area, and I was standing in the garden—he said before the Magistrate that he had been paying his addresses to a servant girl there; and as the house was locked up, he got out as well as he could, and fell asleep in the privy.
ALEXANDER SANDERSON (police-sergeant.) I was in Blomfield-street about two o'clock this morning—I got over the wall of the Ophthalmic Hospital, and in the yard of No. 20 I found these three silver cruet tops, a silver mustard-spoon, a pair of earrings, a ring, a small pin, part of a pencil-case, and a silk handkerchief—the yard where I found them is between the stable and the place where the prisoner was found.
Cross-examined. Q. Did you find anything near the stable gate? A. No.
EDWARD SPRIGGS CLARKE re-examined. It was dark when I saw him on the roof and near the wall—it was light enough to see him—it was just breaking daylight—I am quite sure it was light enough for me to see him—I saw him distinctly before he got on to the roof, and told the inspector what kind of coat he had on—I am quite sure he is the man.
my master very near half-past two o'clock on this morning—I went stairs, and found the back doors both open—I missed from the kitchen the cruet tops, salt-spoon, and silk handkerchief, which I had seen there safe at ten minutes before twelve o'clock the night before—the earrings I had seen about five in the afternoon—they are mine, also the ring and pencil-case—the other things are my master's—I had seen them all safe about ten minutes before twelve, when I shut up the house—my master was with me shutting it up—I am certain I shut the doors, and barred them all—these things were in two boxes, both of which were broken open.
Cross-examined. Q. Were you the last person that went to bed that night? A. Yes—my master went up stairs before me—there is another female servant—she went up before me—there was no one else in the house—I am certain I closed the doors, and made them safe.
GUILTY . Aged 26.— Transported for Ten Years.
1816. JAMES NEALE was indicted for stealing 1 watch, value 22l.; and 1 seal, value 5l.; the goods of Joseph Vivian, in the dwelling-house of John Skinner: and MARY ANN NEALE , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JOHN SKINNER . I keep a commercial boarding-house in Little Knight Ryder-street, Doctors' Common, in the parish of St. Mary Magdalen, Old Fish-street. The prisoners were both in my service—on the 17th of May Mr. Vivian, who was then staying at my house, lost a gold watch from his bed-room—I discharged James, and Mary Ann left of her own accord at the same time—she had been with me about two years.
JOSEPH VIVIAN . I lodged with Mr. Skinner. My watch was safe on the night of the 17th of May—I mused it in the, morning from my bed-room—this is it—I told Mr. Skinner of my loss next morning—I did not speak to the prisoners—I left the house on the 8th of June, for Cornwall; and on the 12th I received a letter from Mr. Skinner, informing me that it had been found—the seal has not been found.
James Neale. I found the watch in the water-closet Witness. I am quite certain it was stolen out of the bed-room—I was not in the water-closet that night
Mary Ann Neale. He came home very tipsy that night; we were all in bed; in the morning he came into the kitchen, and asked the servants who came home with him; I said I did not know; master had let him in; I afterwards went into the parlour, and heard him ask master who had let him in; master said he bad, and led him up to his room, that he was so very tipsy he could hardly get up stairs; he said, "Did you notice whether I had my watch with me last night or not?" he said, "No, I did not;" after breakfast he went out with bis cousin, somewhere to the West-end, whore they had been drinking the night before, to inquire if any one had seen it there; I heard them talking of it, and saying they had offered a reward, or advertised for it; I did not know anything about it Witness. Perhaps I was a little the worse for liquor when I came home—my cousin was with me.
WILLIAM DAY DAVIS (policeman.) On Wednesday, the 10th of June, between three and four o'clock, I was on duty in Petticoat-lane, and observed the female prisoner in company with another female, and several people round her, at a jeweller's stall, which attracted my attention—I saw a Jew, with a gold watch in his hand—I asked him whose it was—the prisoner heard me, and I said to her, "Is that your gold watch?"—she said it was—the Jew handed it to me—I showed her the watch, and said, "Is it yours?"—she said, "My brother gave it to me"—I asked her how he came by it—she
said he found it—I took her and her mother, who was with her, to the station, and before the Magistrate—she stated to the Magistrate, that if they would allow me to go with her to her mistress, Mrs. Skinner, No. 18 1/2, Little Knight Ryder-street, I should find it would be all correct-the Magistrate told me to take them both with me there, to see if it was right—I went and saw Mrs. Skinner—I went after the male prisoner at eight o'clock that night, in private clothes, to 15, Noah's Ark-alley, New Park-street, Southwark—I found him there—I told him I was an officer, and asked if he had given his sister anything on that day—he said, "No"—I said, "Do you know anything about a gold watch?"—he said, "No, I do not"Do—I then took him into custody, and took him to the station—he was questioned by the inspector if he knew anything about a watch—he said, "No"—the girl was brought out, and when they saw each other they both began crying, and at last he said, "Yes, I did give ray sister the watch"—I know this to be Mr. Bingham's, the Magistrate's, handwriting—(examination read)—"The male prisoner says, 'I have got nothing to say.' The female prisoner says, 'When the watch was lost my master suspected the other prisoner, and I asked him about the watch, he said he did not know anything about it, and time passed on till last Saturday night, when he gave me that watch; I asked him if it was Mr. Vivian's watch? he said he did not know, for he had found it a good bit ago in the water-closet; and I did not think that was the same Mr. Vivian lost, nor did I know whether that watch was gold or brass, and I asked some man to tell me the value of that watch, not thinking for the moment to sell it. I have had these books for more than twelve months; they were given me in my master's house by the housekeeper, who is dead."
Mary Ann Neale's Defence. My master did not ask me if I had seen the watch, he asked me to ask my brother if he knew anything about it; I did not know where it was, or who had it.
MR. VIVIAN re-examined. I inquired of her, and everybody in the house, whether she had seen the watch.
MR. SKINNER re-examined. She knew of the loss of the watch—inquiries were made of all the servants in my presence.
JAMES NEALE— GUILTY. Aged 13.—Recommended to Mercy.— Confined Three Months.
MARY ANN NEALE— GUILTY . Aged 22.— Confined One Year
(There was another indictment against the prisoners.)
NOT GUILTY .
GUILTY . Aged 32.— Confined Four Months.
MESSRS. PRENDERGAST and WILDE conducted the Prosecution.
JOSEPH SUTTON . I am in the employ of the East and West India Dock Company. The prisoner was a foreman in their employ—in May last I remember some bales of cotton arriving by the Euxine— I saw it unloaded about the 11th of May—the prisoner had the management of making the cotton merchantable—that commenced on the 11th of May, and was completed
pleted on the 22nd of May—it is done by taking the damaged cotton from the bales—it is laid in heaps and afterwards put into baskets—the prisoner was foreman of the warehouses Nos. 5 and 6—the sale of the cotton took place on the 16th of May—I was not present—I have some warrants and other documents, which I got from Mr. Dixon, the superintendent—these warrants for eleven mats are in the prisoner's handwriting, all except the signature of the merchant—it was his duty to make out these documents—(This warrant was dated 24th May, for eleven mats of cotton pickings, imported in the Euxine, among them Nos. 3066, 3067, 3068, 3069, 3070, 3071, and 3072)—this warrant expresses that delivery may be made to the person entitled to it, but anybody presenting it is entitled to the goods—the weight is expressed in the warrant—the mats should contain cotton pickings and sweepings—in the course of business the cotton comes in bales—I never knew good cotton in mats—I did not see these mats weighed—they are always weighed, and the weights expressed on the face of the warrant—on the 19th of June I saw some mats in the warehouse which had been found at Blackmore's and Hamilton's, and saw them weighed—No. 3066 weighed 1 cwt. 1qr. 19lbs. of sound cotton, 3067 2cwt. 3qr. 15lbs. sound cotton—we did not weigh the damaged portion that was on the top of those bales, and some bales were all sound—3068 weighed 2cwt. 2qr. 41bs. 3069 lcwt. 3qr. 5lbs., 3070 3cwt. 0qr. 13lbs., 3071 1cwt. 3qr. 5lbs., 3072 3cwt., that was all sound—the inclusive weights of the mats, as originally marked, were 1252lbt.—" the weights when I examined them were 1777lbs., all sound, which is an excess of 525lbs.—he had no authority to alter the contents of the mats as originally packed—I have been in the Company's employment between thirty and forty years—I went to the warehouse in Fenchurch-street with the superintendent of the police on the 19th of June and found the mats I have described—we found seven mats still in the "warehouse which ought to have been delivered—those were found on the 29th of May—they were all perfect weights and every thing right—they ought to have been delivered to Blackmore according to the warrant—they bore the original marks—five of them were smeared over with a brush—they contained cotton pickings, and tallied perfectly with the description on the face of the warrant.
Cross-examined by MR. BALLANTINE. Q. These warrants are made out by the prisoner? A. This is made out by him—it is not particularly his duty to make them out—it is done by whoever is directed to do it—the signature to it is "Gregson and Co."—that is the writing of Tullock, one of the Company's clerks—he refers to the book and sees who is entitled to the goods—after making out the order it is delivered to Gregson and Co. or their agent—they are the importers, and the real owners—there is a duty of 4d. a cut. on cotton—on their presenting the order and warrant the goods are delivered—Gregson and Co. are the persons making any sale which may have taken place to Black more by their agent—Blackmore is a cotton merchant, residing, I think, somewhere about the Minories—I did not go there myself to find the cotton—I speak of the weight after it was brought to the Fen-church-street warehouse—I should say Blackmore was a respectable merchant to all appearance, and in a large way of business—I have known him fifteen or sixteen years—I know nothing of his private affairs—I saw him at one of the examinations at the police-court—his solicitor called the Magistrate's attention to his being present—the counsel for the Company said they could not bring any charge against him and declined calling him as a witness—if cotton was placed into mats for the purpose of delivery I should say it must be done by more than one man—they would not have the warrant in their hands at the time they packed it—the warrant is copied from a book which has the weight—the weight is ascertained by the prisoner himself—I have the book
here in his handwriting—the numbers and weights in the warrant correspond with the book—the clean cotton is never packed in mats—the labourers act under direction of the prisoner, who is the foreman—they ought to have known this was irregular.
MR. PRENDERGAST. Q. It is the prisoner's business to make out the warrants and take the weights? A. It is his business to weigh them, and enter the weights in a book, and to pack the cotton pickings in packages—it is his duty to see them correctly marked—Mr. Blackmore was not asked any question at the police court—he was desired to give any explanation he thought fit, but referred them to his solicitor, Mr. Humphreys—nobody proposed to call him as a witness.
JAMES DIXON . I am at the head of the police in the East and West India Docks—I received information on the 29th of May, in consequence of which I went to the warehouse, No. 6, which had been superintended by the prisoner—I found there, among other things, Nos. 3066, 3067, 3068, 3069, 3070, 3071, and 3072 bales of pickings—they were weighed, and corresponded with the weight fixed against the number in the warrant precisely—the numbers were smeared over with ink, which obliterated the original marks of the number and weights—they are in Court now—as they stood the smeared marks wen not placed outside, but there were other marks on them, which had no connexion with any cargo which was landed in 1844—these marks must have been put upon them, and were "40,489," signifying the 489 ship arrived in 1840—those marks were external—on removing the packages, I discovered the smeared marks, and found they contained cotton pickings of the weight named on the warrants—I went to Mr. Blackmore the same day, with Mr. Williams and Jupp—Blackmore took us to his warehouse, and there I found packages marked "8066," "8068," "3069," and "3071 "—they did not tally with the weights in the warrant—when I took them to the warehouse, they weighed more in the gross—they altogether varied—the mass was good cotton—Nos. 3068 and 3071 were entirely good cotton—in the other two the majority was good, with damaged at the top—the inside was good—good cotton is worth about four times the damaged—I afterwards went to a Mr. Hamilton's warehouse, in Dunster-court, and found the other three number—they weighed double the quantity marked on the warrants, and the cotton was nearly all good—3070 and 3072 had the greater portion good, with bad put in the top—it was so in the bulk, wherever there were pickings they were at one end—I had it all removed to the Company's warehouse—I found the bags of pickings with correct weight in the Company's warehouse, and the cotton at the two places on the same day.
Cross-examined. Q. These articles must have gone away in carts? A. Yes.
DANIEL GILL . I am in the employ of the Dock Company—in May last I delivered a cotton bale to Helson's town cart, by Blackmore's order, No. 410, an original bale, and 3066, 3065, 3075 mats, which were cotton pickings, according to the warrant—I found them on No. 6 shed—they were re-packed there—they are put there for delivery, according to practice.
JAMES DIXON re-examined. I did not observe No. 410 in the warehouse—I found it at Blackmore's—it had been unpacked, with a little damaged on the top, and the greater part inside was sound cotton—410 was a bale, the others mats—here is a wanant to deliver it to Blackmore—it is called "4th class damaged;" but the one found with that number is good cotton, with damaged on the top—I did not find any No. 410 on the Company's premises.
NICHOLAS NICHOLAS . I am a preferable labourer at the Docks, and was acting in the warehouse, No. 6, on Saturday the 25th of May—the prisoner was the foreman there—at the commencement of the day I was ordered to press the bales of cotton—I continued there till about two, when he ordered me to the back of the warehouse, to assist in filling mats with cotton—I took a portion of it out of the original bales, to put into the mats—he saw ne do it, and directed me to do it—I put what I took out of the bales into mats, suspended to receive it—there was a man to tread it down close into the mats—it was sewed at the top, and removed to another part of the floor—I cut one bale of good cotton open by direction of the prisoner—I assisted to take the whole of it out of that bale to put it into the mat—the prisoner did part of it—I could not say whether he remained there the whole time—the cotton is always in fakes in the original bales—he saw the flakes put in—I made no observation to him while it was going on—he told me there was an onto that he should leave the Docks and go to the town warehouse—he remained at the Docks the whole day, on the 25th—but I did not see him on Monday the 27th—I gave information of this on the Wednesday morning—I had thought more about it on the Sunday, and on Monday still had some doubt there was something wrong—on the Tuesday the goods were delivered, and 1 saw one which I thought weighed 3cwt., was marked "lcwt. lqr. 271bs.," (that was afterwards found on Hamilton's premises,) and I gave information the first thing on Wednesday morning, before I went into the Docks—I am not quite certain of the number of the mat—I do not remember that I pointed that bale out.
Cross-examined. Q. To whom did you give information? A. Mr. Knight, the superintendent—I never saw sound cotton packed in mats before—I thought it might be legal, that the foreman might have a proper order,. but the difference in the weight of the package increased my suspicion—the weight was not put on the package while I was there, to my knowledge—I never said anything to one Collins about the prisoner.
CHARLES PARROTT . I am in the employ of the East and West India. Dock Company. About the 25th of May I remember being employed with, the prisoner in No. 6 shed, treading in some mats of cotton—I trod in one by the prisoner's directions—some other mats were being filled—he was giving general directions to fill them—the cotton was taken from a bale, which was open when I went to it—he told me to fill from that We into the mats—there were pickings placed on the top of the mats—it was my duty to act under the prisoner's direction—this took place at the back of the shed, behind some West India bales—when the mat was packed, the prisoner removed it himself—I went by his side, steadying it on the truck—at that time there was no mark on it—I bad observed several mats of pickings in the warehouse at this time—I went out of the shed, and when I came back I saw the prisoner marking the bale which I had been filling in—I observed one of the other mats was marked "3070"—I saw him erase the marks on the other mats, and place on them a "G" in a diamond—I do not know what the previous mark was—here are the mats I saw—I saw him erase more than one mark.
CHARLES JUPP . I was present in the Docks on the 25th of May, at No. 6. warehouse, acting under the prisoner's order—I saw the other men taking cotton out of the bales, and putting it into a mat which was filled in, and afterwards run to the right hand side of the warehouse—they were afterwards removed to the left hand side, and remained there till the 98th of May, the day of delivery—I saw three of those mats afterwards at Hamilton's ware-house—one of them contained all good cotton, and two had a little pickings
on the top—the cotton had been put into them by the prisoner's order—I helped to do it—I saw one of them at Blackmore's—that contained more than three parts clean cotton, and a little pickings put into the mats by the prisoner's orders—the cotton was put into the mat by the prisoner's order, I am sure—I observed some mats which had the marks smeared out with ink—they were left in the warehouse—I did not see that done, but I saw the prisoner mark some of those packages on the front, the marks of which had been smeared out.
WILLIAM HEATH . I am a preferable labourer at the Docks. On the 25th of May I received orders from the prisoner to fill mats with cotton—I assisted in filling one, and saw three or four filled—I received directions from him respecting No. 410, to put pickings into the top of it—it contained sound good cotton.
JAMES DIXON re-examined. Cotton pays a duty of 4d. a cwt.—I do not know when the merchant pays it—it must be paid before it leaves the Dock—I always understood that all cotton pays the same duty, whether pickings or good.
ROBERT JAMES ROUSE . I am clerk to the broker who sold the cargo of the Euxine—lot 42 was a bale of 4th class cotton, damaged—Blackmore bought that at the sale—that particular lot was sold as a bale at so much per lb.—"44" was bought without reference to the quantity, at 3/4 d. per lb., as pickings—the price good cotton sold for at the sale was 3 5/3 d.—people invariably look at the goods at the Docks before they buy.
(Samuel Edwards, of Limehouse; William Baker, James Grant, Richard Bull, and George Sunley, gave the prisoner a good character.)
GUILTY . Aged 30.— Transported for Ten Years.
CAROLINE GROTE . I am the wife of James Nicholas Grote. On the 1st of July I was standing in the New Inn yard, Shoreditch, looking at a club which was going to walk—I had two shillings, two penny-pieces, two halfpence, and one farthing in my pocket—I went to look for my little boy—the prisoner came up to me, and lightened my pocket—he shoved against my pocket—I did not know him before—he turned round and looked in my face—I saw him pull two boys, and as he crossed the road he looked at me again—I suspected he had robbed me, put my hand into my pocket, and found my money gone—no one had been near me but the prisoner—it was in my right hand pocket, which was the side he was pressing against me.
GEORGE BRAND (policeman.) I took the prisoner, and charged him with picking the prosecutrix's pocket—he said he did not do it, the money he had was his own—I found 2s. 3 1/4 d. on him, just exactly the money the prosecutrix told me she had lost
GUILTY . Aged 14.— Confined Three Months.
ANN ELIZABETH CLEMENSON . I am the wife of William George Clemenson, and live in Chapel-street, Westminster. On Saturday night, the 23rd of June, about twelve o'clock, I was at the corner of Little Chapel-street,
looking after my younger brother—there was a fight—the prisoner's wife was there—the prisoner pulled her away, and struck my eldest brother, who was standing outside the public-house—he then struck my youngest brother, and afterwards struck me, and knocked me down, and while on the ground I found his hand in my pocket, at the right side, in which I had a handkerchief, a latch-key, 4s. in a purse, and 2d. in copper—when I got up I found the purse and money were gone—no one but the prisoner had their hand in my pocket—he escaped out of the mob, and ran away.
Cross-examined by MR. PRENDERGAST. Q. You were at the public-house? A. Outside, not inside—I was looking for my youngest brother, who was out selling work for me and Mrs. Johnson—I had not been there above two minutes when the fight commenced—it was among the parties who came out of the public-house—it was turning out time—my husband is a marble polisher—I am an artificial florist—we occupy one room—there was no gin-drinking going on there—I have never seen my money since—I have known Mrs. Johnson for years—she is very respectable, as far as I know.
ELIZABETH JOHNSON . I live in Great Chapel-street, Westminster. I was standing talking with Mrs. Clemenson on the 23rd of June, about twelve o'clock at night—I saw the prisoner's wife strike Mrs. Clemenson's elder brother—the prisoner pulled his wife away, and attacked him—he then struck her younger brother, and then struck Mrs. Clemenson on the side of the face, and knocked her down—I immediately ran for a policeman, and saw no more.
Cross-examined. Q. Have you ever been in a Court of Justice before? A. I never was here before—I was at Queen-square when I was ten years old, I believe, for being in bad company; and I was at the Mansion-house, about a year and a half ago—a person I had, very much befriended put a bad half-crown in my possession, and I passed it, but I did not know it was bad, and was honourably acquitted—I had a fourteen years' character from Alderman Cowan—I live next door to this public-house—the prisoner was not quite sober, but knew what he was about—he was fighting everybody I saw—it was a general fight.
--------(policeman.) 1 took the prisoner—I found 1s. 2d. on him.
NOT GUILTY .
OLD COURT.—Wednesday, July 3rd, 1844.
Second Jury, before Edward Bullock, Esq.
1822. JOHN MEEK was indicted for burglariously breaking and entering the dwelling-house of Charles Frederick Tabrum, about two in the morning of the 13th of June, at St. Paneras, with intent to steal, and stealing therein, 28 paint brushes, value 2l. 13s.; and 18 white-wash brushes, 2l. 8s.; his property; to which he pleaded
GUILTY . Aged 20.— Transported for Ten Years.
THOMAS GILES SMITH . I am a turner, and live in Queen's Head-walk, Kingsland-road—the prisoner is my father-in-law—on Wednesday night, the 19th of June, between ten and eleven o'clock, I went out into Queen's Head-walk, and met the prisoner—I suspected he had come to make a disturbance,
turbance, and followed him, because he had drawn a knife to me on Easter Monday—when he had got half way down the garden where I live I tapped him on the shoulder, and asked what he wanted—he said he had come quiet, and I persuaded him to go quiet—he said he had come to see his children his wife and children then occupied a room next to mine—he and his wife had been separated for some time—she went before Mr. Broughton, the Magistrate and he told her he was not to molest her—I told him it was not a fit time of night to come, as the children were in bed, if he came of a morning he could see them—he used very foul language to me, and called for his wife to come out—he called her a name, and she answered him, and said she had been a good wife to him—he said, "Too good"—he then turned round to me, used very heavy threats, and dared me to hit him—I said I did not wish to hurt him—he made a jeer of that—I told him to keep away from me, for he bad a knife—I had seen him put his left hand into his left-hand trowsers' pocket, and draw the knife, hold it in his left hand, and with his right hand shove it up his sleeve—he asked what made me think he had got a knife—I said because I could see it, and knew it to be the same he had drawn to me on Easter Monday—he used foul language to me again, and then turned as if to go away, and I turned to go into the house—I had scarcely turned when he sprang upon me with the knife, and stabbed me in the cheek—I have the mark now—I put up my hand to catch the blow, and it cut my hand and wrist—I seized him, and we both fell together inside a little pigeon aviary, that stood in the ground—I think he fell rather underneath me—he said he had not done with me yet, he meant to give me a blow more fatal, or something to that effect—I was almost insensible from the blow and loss of blood—he called out "Murder"—I immediately called for help, when two brewer's men, followed by the policeman, came to my assistance—I was taken to a doctor's in the Kingsland-road.
JAMES CAFFY (police-constable N 153.) About eleven o'clock on the night of the 19th, I was on duty in Hare-walk, Kingsland-road, and heard a cry of "Murder" and "Help"—I went to the spot and found the prisoner on the ground, and two brewer's men holding him down—the prosecutor was separate from him, bleeding profusely from the face—he shouted out that the prisoner had a knife—I got a candle from a woman, searched and found this knife—I then took the prisoner into custody—in going up the walk, he said he was sorry I did not let him cut his b----throat, or rip his b----guts out, for he had broken the peace of his mind—I cautioned him not to say anything, and be repeated several times that he had broken the peace of his mind, and he would readily hang for him in the front of Newgate.
Prisoner's Defence. I went down to Kingston about the 10th of July to work, and when I returned he had run away with my wife and property, and only left me a mattrass, sheet, blanket, counterpane, and two chairs; I was some days before 1 found them, and then she told me she did not mean to live with me any more; he said the things were his own, that he had bought them; we had words, and I got two policemen and took him to Worship-street, but I did not prosecute, as he promised me he would not go with her any more; he afterwards enticed my daughter, who is not sixteen years old, away from her situation in the country, and after she had been in town five weeks made her his wife, as he called it; on the 19th of June, I went to see my children; I had my knife in my hand with the pen blade open, as I had been eating a bit of bread and cheese; he came running down the garden, and said, "Where are you going to, Dick?" I said, "To see my children, and 1 am determined to see them;" he said, "You shan't," and made use of bad language—one word caused another, and when I did stab him my senses
were off altogether, 1 did not know I did it; he had got his fingers twisted in my neckhandkerchief, and nearly throttled me; I said, "Let me get up;" he said, "No, you have stabbed me;" I said, "God forgive me, I did not know it, and called murder."
GUILTY of an Assault.— Confined Three Years.
Before Mr. Justice Williams.
MR. BODKIN conducted the Prosecution,
FREDERICK KEELER (police-constable T 44.) I am stationed near Perryvale, in Middlesex. On the 17th of June, near six o'clock in the evening, I was on duty near the Grand Junction Canal, and saw the prisoner in a barge there—I was spoken to by Mr. Cogden, who charged the prisoner with stealing a fishing-rod and line—I told the prisoner he was charged with stealing a rod and line, and he must go with me—(he was not in the barge at that time—directly I had come up on the towing-path, he had swung himself on shore by the shaft of the barge—there was another man with the barge)—he said he would see meb—first, and immediately struck me several times with his fist, and forced me into the canal—he laid hold of me bodily, and pushed me in before him—he went in with me, and forced my head underneath the water, in the middle of the canal—the water is nearly seven feet deep there, as near as I can judge—I could not stand—I was out of my depth—I was obliged to swim ashore—he did not keep me in that state a great while—Wallis, who was standing on the opposite side of the canal, hallooed out to him, and on that he let me go, and I let him go; and as soon as I did so, he walked out of the water before I could get ashore—I was deeper in the canal than he was—he forced me further out, and forced me under—when I got ashore I again attempted to take him into custody—he was very violent, struck me several times, and likewise kicked me on the thigh—I have no doubt he intended to kick me somewhere else—assistance was procured, and he was secured—I was in my full uniform.
Cross-examined by MR. HORRT. Q. Did you let him go, or did he let you go? A. I let him go first—if I had not let him go, I doubt not but he would have drowned me—he did not tell me that Mr. Cogden had been tree passing—nothing of the kind passed in my presence—I know the spot where the rod and line were left—I am not aware that a person fishing in that spot is a trespasser—I see a great many persons fishing there every day—I am not aware that it is against the orders of the company—the prisoner works a boat on the canal—I am not aware that he is in the company's service—I struck the prisoner, not violently—I had no chance to do so—I lost my staff—he did not lose a great quantity of blood, a very small quantity—I did not see his shirt afterwards—he jumped on board the boat again, and got away from me, and he took off his shirt in the boat before he got to the station—he had no jacket on, only a smock-frock—I saw some blood on his chest—I understand Wallis has been discharged by the company since this affair—I will swear the water is more than four feet deep at this place—I was up to my neck, standing upright, and then he forced me under, and I was deeper—I am five feet eight inches high—he did not say that Mr. Cogden was a trespasser, and he had taken the rod and line to leave in some place for the company.
MR. BODKIN. Q. Were you hurt by the violence? A. I felt very much
injured for a week after—I was bruised, and sore about the body, and scratched on the neck.
COURT. Q. At what part of the transaction was it that you used your staff? A. When he was kicking at me, and striking me so violently after I had come out of the water—I had not used it before what took place in the water.
SAMUEL COGDEN . I live in Gloucester-place, Gloucester-square. I went to Perryvale to fish—I placed my rod and line on the bank of the canal where it shelves off from the bridge, and widens—it could offer no obstruction to the boats passing—it was on the opposite side to the towing-path—I did not see it removed by any person—I saw it in the prisoner's possession immediately after, in the barge which was going along—I followed, and called out to him, and begged him to give up the rod, and treated it as a joke, saying, I was not of an age to run after him—with oaths he declared he should keep it unless I stood so much beer—I followed him I think nearly two miles-—I then obtained Keeler's assistance, and told him he had stolen my rod and line—I heard Keeler tell him he must come with him—he swore he would not be taken, and immediately attacked the policeman, and after a short struggle bore him into the middle of the canal, and endeavoured to get his head under the water—I turned round to see where I could throw my coat, and go to the policeman's assistance, and on looking back, found the policeman and the prisoner both coming out of the canal—he walked or struggled out in some manner, either by walking and swimming, but I was very much agitated from the situation he was in—he was up to his arm-pits, and the prisoner was endeavouring to get his head underneath—they got ashore nearly together—the prisoner again attacked the policeman with his fists, struck him, kicked at him, and endeavoured to kick him in * * * *—the whole time using the most threatening and horrible language—after receiving several blows, the policeman took out his staff, and struck him over the head—I assisted him, and the prisoner was secured—I saw Wallis on the opposite side of the canal.
Cross-examined. Q. Did not the prisoner tell you you were trespassing? A. He did—he said I was trespassing in walking on the towing-path—I do not remember that he said so in Keeler's presence—he said I was trespassing in fishing where I did, but I conceive not—there were plenty of persons there—I have not seen a board up anywhere—he did not say he took the rod and line because I was a trespasser—he said he took it because he chose to keep it—he did not tell me where he was going to take it to—Keeler was up to his breast in the water.
MR. BODKIN. Q. Was that the depth where they were, or in the centre of the canal? A. In the centre, the last time I saw them before I turned round to see where I should throw my coat, to go to Keeler's assistance—that was the depth of the part where they were standing—I do not know whether the bottom shelves towards the centre—I presume it does—I was fishing on the opposite side to the towing-path—I never saw any board or interdiction against fishing there—I got my rod and line again—the prisoner threw it into the canal, and I received it from the servant of the inspector of the canal.
COURT. Q. What is the value of it? A. 4s. or 5s.—I was standing on a path which leads under the bridge—there is a path on each side—I was not standing on the grass—I had put my rod on the grass or herbage growing on the side—it is the land of the Paddington Canal Company, I believe—I believe the prisoner is a private bargeman, and not in the Company's service—I told him, even if I were trespassing, he had no right to take my rod and line.
HENRY WALLIS . I am a carpenter and joiner. On the day in question I was coming over the bridge, and met with Mr. Cogden, who asked me to go for a policeman—I fetched Keeler, and went on the off side of the canal, while he went on the towing-path—the prisoner was in his boat, and directly Keeler came on the towing-path, he took the shaft of the boat and jumped on to the towing-path, from nearly the middle of the canal—Mr. Cogden immediately said to Keeler, "I give this man in charge"—he put himself in a fighting attitude, and struck Keeler several times right and left—Keeler said, "My friend, you had better go with me quietly"—he said, with a tremendous oath, he was not going to be taken by him—he then caught hold of him, and carried him into the canal—they both went into the canal together, as near the middle as I could judge, and I was exactly opposite them—they had a violent struggle in the water, and he put Keeler under water twice—I called out to him," I know you, your name is Dixon; you had better let him alone, for you will be very severely punished for it"—he replied, "If you know me, did you ever know any harm of me?"—I said, "I never knew any good of you"—he then left Keeler in the canal, and went out—Keeler followed him—another violent struggle ensued between them—I called to Keeler, "For God's sake, take your staff out"—I saw there was danger—the prisoner kicked him most tremendously and dreadfully; and if he had not drawn back, I do not know what might have been the consequence—I likewise called out to Mr. Cogden to aid and assist him; and I believe, if it had not been for his assisting, the prisoner would have got the staff, and the result would have been tremendous—Keeler struck him once on the head with the staff, and I believe twice on the shins, but not tremendously hard—Mr. Cogden caught hold of the staff, and tried to wrest it from the prisoner's hands; and in so doing, it flew out of Keeler's hands into the canal—Keeler immediately went into the canal id search of it, and the prisoner got into his boat again—I went to fetch further assistance—as I returned I heard a cry of "Stop him," and saw the prisoner running across the fields—I immediately jumped over a high fence, and met him—he was stopped, and taken to the station—they tried to put the handcuffs on him, but could not
Cross-examined. Q. Were you before the Magistrate? A. Yes, but was not examined—I do not know why exactly—the Magistrate did not decline to take my examination—it was late in the evening—I was in the Company's service years ago—I was not discharged—I left of my own accord, having some property left me—it was no great deal, and I have got rid of it—I have never been in the custody of the police.
COURT. Q. Did the prisoner get the staff? A. He had not the whole of it—he had got hold of it, trying to wrest it from Keeler, and in the struggle it flew into the water—I have frequently seen the prisoner—he goes with the boats that carry manure, and other things, from Paddington, to different places—he has nothing to do with the care of the canal itself—I do not know whether this boat belongs to the prisoner or his mother—it does not belong to the Company.
MR. HORRY called
CHARLES SKINNER . I am a shoemaker, and live in the Harrow-road. I have known the prisoner eighteen months—I am not aware that he is in the service of the Grand Junction Canal Company—he manages a boat for a lot of them—it is between the whole family.
GUILTY of an Assault. Aged 23.— Confined Eight Months
Before Mr. Baron Alderson.
1825. MARY ANN WOODS and JOHN MOORE were indicted for a robbery on James Legrave, and taking from his person, and against his will, 1 pair of trowsers, value 2s.; 3 sovereigns, 7 half-sovereigns, 1 half-crown, 1 shilling, and 3 pence; his property; and immediately before, at the time of, and after the said robbery, beating, striking, and using other personal violence to him; and that Woods had been before convicted of felony.
JAMES LEGRAVE . I am a chaser, and live in East-street, Lambeth. On the 20th of June, near two o'clock in the morning, I was in a public-house in Tothill-street, Westminster—I went there about half-past one, and found the doors open—I was in liquor when I went in—I went to get more—I found Woods there—I had never seen her before to my knowledge—she proposed to take me to her room, I agreed and went with her—she took me a short distance, down a court, I do not know the name of it, into a house, and into a back room on the ground floor—there was a bed in the room—I undressed, and put my clothes a little distance from the bed where I could see them—I had three sovereigns and seven half-sovereigns in my trowsers pocket, and about five shillings in silver and copper in my fob pocket—(1 am single, and lodge with my brother)—I got into bed, and the prisoner got into bed with her clothes on—I saw her look towards my trowsers which caused me to have suspicion—she asked me to go to sleep—I told her I did not feel inclined for sleep—she jumped out of bed and seized my trowsers—I jumped out and seized hold of them also—she commenced striking me with her fist, and pulled me towards the passage—it is a long passage—I there saw two soldiers—they came in but did nothing—she kept beating me and pulling me along the passage, trying to get me towards the street door—I kept hold of my trowsers all the time—she got me to the front door, and there got possession of my trowsers, and bundled me out—I had nothing on but my shirt—I went up to the door again, and she knocked me down—I went up again and was knocked down again—they then closed the door, but I rushed at it and burst it in, and gained possession of my trowsers again in the passage—I found her in the passage with my trowsers in her hand—I cannot say whether she was doing anything with them, but I seized hold of her again in the passage—she had some instrument in her hand—I do not know whether it was a knife or what it was, and she said, "I will cut your bhands off"—in the meantime the soldier (Moore) said, "Give it him"—she then cut the fob off with some instrument she had in her hand—I retained possession of the fob with the money in it, and I was pulling away at the trowsers at the same time—she also took a piece out of my ear with the instrument, and likewise made a wound in my wrist, which has not healed yet—she was beating me all the time—she then got me into the back yard and kept beating me there very violently—a man in a blouse (not Moore) came, and while we were struggling a half-crown and some halfpence dropped from my fob which was in my hand—she said to the man. "Why don't you assist me?"—he picked up the money that fell down and went away, and the prisoners also—they all went away together leaving me in possession of the trowsers—I then went into the room where it occurred, and put on my things—a policeman came in and told me something—I went with him to a public-house in Orchard-street, and gave Woods in charge.
Woods. He wanted to pull me about in an indecent manner, and almost strangled me; he put threepence on the table, and I said I was not going to bed with him for that. Witness. It is false; no money was offered, or any thing of the kind.
WILLIAM BLAKE . I live in Union-court, Orchard-street, Westminster. About three o'clock on this morning I heard the prosecutor sing out, "Police, police, murder"—I hove up the window and looked out and saw Woods ill-using the prosecutor in a most dreadful sort of manner—she ran out and knocked him right down on his back—I said to her, "O, Mary Ann, be
quiet, for shame"—as he tried to get up she pushed him down again as hard as she could with both hands till the blood flew from his nose, and she was from her hand to her elbow in blood—I heard him say, "My money, my money "—he said he had lost sovereigns—he was out in the court at the time, in his shirt—she said, "You bb, I will cut your brains out"—she ran from him and pushed the door to—I sung out to him for God's sake to keep away, but he ran at the door after her—she came back into the court and knocked him down again—I saw Moore, who is in the Coldstreams, and a Scotch Fusileer also—I spoke to them, and Moore made use of a vulgar expression—I said, "I hope you know yourself better, seeing my wife and children round me "—with that Woods said, "Come along with me and we will do for him," and they went away into the passage.
Woods. Q. Did you see anything in my hand? A. No—I did not see the prosecutor strike you.
HENRY HERRIDGE . I lodge over Blake—he awoke me—I heard a cry of "Police" and "Murder"—I put on my trowsers, and ran down into the court—I there saw the prosecutor struggling with Woods to get possession of his trowsers—Moore was not doing anything—he was only in the passage—Woods up with her right hand and hit him a crack under his nose which made him stagger, and let go of his trowsers—I saw a half-crown and three halfpence fall and saw a man in a blouse pick them up—he gave the three halfpence to Woods and kept the half-crown—they went away together afterwards.
Woods. I was in liquor, and the man in the blouse set me on to ill-use the prosecutor. Witness. She was intoxicated.
ROBERT JONES . I was at the King's Head in Orchard-st., a little after three o'clock—I saw Woods come there, with two soldiers, and a civilian, who had on a kind of blouse—the soldiers were rather the worse for liquor—the other two were not so bad—the man in the blouse paid for what they had to drink—I did not notice what he paid with—the prosecutor afterwards came in—he was bleeding from the ear—the Coldstream soldier saw him, and gate Woods a nudge, and she went and got behind a cab man, and covered herself over with a shawl, and pretended to be asleep—a policeman came in and took her into custody there.
Woods' Defence. I know nothing about the money; I was very much in liquor; I should not have struck him, but he came and knocked at the door; I was forced to defend myself, or I should have been dead; 1 never saw Moore before; he knows nothing about it; he was not there when we first had the row; he came down to see a girl in the court; the man in the blouse told me to ill use the man, and do what I liked to him; that man was perfect stranger to me; we did not go away together; the man in the blouse went away before me; Jones owes me a grudge, and has come against me because I would not go with him one night.
Moore's Defence. I was going along Orchard-street to my barracks; I heard a noise, and saw the man and woman fighting; I was in liquor and took no notice; when I was fetched to the station the prosecutor said he was sorry they had taken me, and shook hands with me, and said he had nothing to say against me.
WOODS— GUILTY . Aged 25.— Transported for Fifteen Years.
MOORE— NOT GUILTY .
Before Mr. Justice Williams.
MESSRS. BODKIN and DOANE conducted the Prosecution. Caleb Edward Powell. I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of John Wright at this Court in the February Session, 1843—this I have examined with the original, and it is a true copy—(read.)
ANN DOUGLAS . I am in the service of Mr. James Glass, who keeps the Gun public-house in High-street, Wapping. On Friday, 21st June, the prisoner came there, and asked for half-a-pint of beer, which came to a penny—I served him—he gave me a shilling—I looked at it and saw it was bad—in consequence of what Jervis had said to me, I rang the bell—on doing so, the prisoner caught hold of my arm, and said, "Here is another one," and was going to give me a good one—I had not said the other was bad—when Jervis came, I gave him the shilling, and told him it was a bad one—a scuffle then took place between Jervis and the prisoner, and he got away from Jervis—I saw him go to the tap-room fire, and throw something in—I stood close to the fire-place, and saw a shilling in the fire.
Prisoner. She was never outside the bar. Witness. Yes I was—I followed him out into the tap-room—there were six or seven men in the room—but no one but him and Jervis was near the fire—no one was standing between him and the fire—I was in the tap-room when I saw him throw the shilling.
GEORGE JERVIS . I am barman at this public-house. On the afternoon in question, I saw the prisoner sitting on a form outside the house—I knew him and watched him—he was changing something from one hand to the other, and wrapping it up in paper—I could not see what it was—I made a communication to Douglas, and went up stairs—I afterwards heard the bell ring, and went down—she gave me a bad shilling, and said, "This man has given me another bad shilling "—I said to the prisoner, "Have you any more?"—he said, "No"—I said, "What is that you have got clenched up in your fist?"—he said, "Nothing"—I said, "You have got some more bad money there"—he said, "No, I have not"—I opened his hand, and tore some paper, and saw two, three, or four shillings in it—I am sure I saw two—I caught hold of him—we had a struggle—he ran into the tap-room, and threw the paper into the fire, from the hand I had tried to open—I had the other bad shilling in my hand—after the paper was burnt, I saw two shillings in the fire—I went to take the poker up, to poke them out, and before I could do so, they had melted and fallen through on to the cinders under the grate—I kept him in custody for about a quarter of an hour, till a constable came—he asked me several times to let him go, and repeatedly offered me a good shilling—I gave the bad shilling to the constable, and showed him the metal that had run through the fire—he picked it up.
Prisoner. If he saw any thing in my hand, why not take it out? Witness. I was not able—I was afraid of losing the one I had.
HENRY JORDAN , (policeman.) I was called in, and took the prisoner in custody—I received this shilling from Jervis—I have kept it apart from other money—some metal was pointed out to me by him, lying in the ashes
in the tap-room, which I took and produce—I found 1s., 6d. in good silver on the prisoner, and 6 1/4 d. in copper.
Prisoner. The shilling passed through several hands. Witness, No one had it but the inspector on duty, and then it was never out of my sight—I was close to him while he was looking at it—I am sure this is the shilling I received from Jervis—I marked it at the station.
MR. JOHN FIELD . I am inspector of coin to the Mint. This shilling is a counterfeit in all respects, and this metal is white metal, of a similar description to the shilling—it will melt nearly as easily as lead, much sooner than silver—there is more here than would have composed one shilling, but not sufficient for two.
GUILTY . Aged 58.— Transported for Seven Years ,
GUILTY .— Transported for Ten Years.
Before Mr. Baron Alderson.
1828. MICHAEL LEONARD was indicted for feloniously stabbing and wounding Elizabeth Phillips, with intent to kill and murder her.—Two other COUNTS, stating his intent to be to disable and do her some grievous bodily harm.
MR. PAYNE conducted the Prosecution,
ELIZABETH PHILLIPS . I am single, and live in Kate-street, Spitalfields. I have known the prisoner about two years by meeting him at different public-houses—he is thirteen years old—on the 7th of June I was at Wyatt's public-house, in Brick-lane, between eleven and twelve o'clock at night—we were all drinking there with Stevens, Everett, Collins, and Norris—Reeves was larking with King, and the prisoner began to lark with her, pulling her about—I told them to leave off—he said what was it to me—we sat down, and began to drink—I said to King, "Give him a good spank "—Reeves said, "I will give you a spank "—the prisoner said nothing, and it was all over—I got angry—we went out—I followed the prisoner, and overtook him, and I agreed to fight—I threw off my bonnet and shawl, and struck the prisoner—I was drunk, and do not know what I fought about—I am seventeen years old—I met Bircham the policeman—I said to him, "Mike has got a knife," (meaning the prisoner)—I said so because Reeves threatened to stab me with a knife, and the prisoner had his hands in his pockets—the prisoner said, "No, I have not," and showed his hands—he said, "Come and search me"—we fought after that, and fell, the prisoner undermost—he called out, "She is biting me"—I had got hold of his neck with my hands, and had my teeth on his face; I will not say whether it was to bite him or not—I got up and said, "Oh, I am stabbed"—I found I was stabbed on my neck, and had a wound on my hip and head—I bled—all the parties were as close to me as the prisoner at the time I was stabbed—I said Reeves had done it, and gave him in charge.
Q. How came you then to charge the prisute with it? A. I do not know—he was the one I quarrelled with, and I blamed him for it—Reeves was very close to me when I was stabbed, and he fiad-threatened to do it.
Cross-examined by MR. HORRY. Q. Were all the parties drunk? A. Yes.
saw the prosecutrix take off her bonnet and shawl, pitch into the prisoner, and knock him down—there were eight or nine round them—it was dark—I did not see anybody stab her, nor see a knife in the prisoner's possession at any time.
NOT GUILTY .
Before Mr. Justice Williams.
MR. BRIERLEY conducted the Prosecution.
JOHN ROACH . I am ostler at the Star and Garter, Kew-bridge. On the 13th of June, about a quarter to twelve o'clock at night, the prisoner stabbed me—he was not sober—he had been in custody about a quarter of an hour before, and had got free—he came up to me, and desired me to fetch his servant and his gig—I told him to walk into the coffee-room, and his servant would be back shortly, he had gone to Brentford to get bail for him—he said, "If you do not find my horse and gig, I will find something that will settle you very shortly"—he put his hand into his pocket and pulled out a weapon like a knife—the waiter said, "Mind, Roach, he has got a pistol"—he ran behind him, caught hold of his arms, and at that moment the rush he made at me cut my finger—he rushed at me with that weapon—he attempted to strike me with it, and did so in my finger—I cannot say whether it was done in the struggle as I rushed to get the instrument from him, but at the first moment he made the rush at me, I found blood on my hand after I got the weapon from him—I cannot swear whether my finger was cut at the first rush, or by taking it from him—I bled a great deal, and went to the surgeon next day.
Cross-examined by MR. WILKINS. Q. Were there not a great many people following this gentleman, and annoying him? A. He had run against a cart—there were then people hooting him as he went to the station, but he came back without anybody—he bad requested his servant to go and get bail with the horse and gig—he had run against a cart, knocked a man's hat off, and run over the hat—I cannot tell how I got the cut—somebody offered me 2l. next day not to press the charge.
RALPH FRANKLIN . I am waiter at the Star and Garter. On the 13th of June the prisoner had something to drink at the house, and desired the ostler to fetch his servant—the ostler said he could not, he was busy—he threatened the ostler, and said, if he did not chose to fetch him, he would show or give him something that would make him fetch him—I saw him pull something from his left-hand pocket—I said, "Stand on one side, the gentleman has got a pistol," as I heard something snap—I laid hold of both his arms behind, and the ostler endeavoured to take it from him—he did not strike the ostler, to my knowledge—after I got hold of him a scuffle took place between him and the ostler—I heard the ostler say his finger was cut, but I did not see it till next day—I saw a knife or something, but did not see it taken from him, as I was holding him behind—I saw it after it was taken from him.
Cross-examined. Q. There was a bit of a scuffle afterwards? A. While I had hold of him—that was with the ostler trying to take the knife from him.
EDWARD SCOTNEY (police-sergeant T 21.) I was on duty near the Star and Gartey and heard the cry of "Police"—I went up and saw Franklin holding the prisoner—he said he had attempted to stab Roach—I did not see any scrattle, it was done before I got there—Franklin called Roach back, who said, "" Take that man in charge, he has been attempting to strike me with this knife," which he held in his hand—his finger was bleeding.
HENRY RICHARDS . I am a surgeon, and live at Brentford. On the 14th of June Roach came to me—I examined the index finger of his right hand, and found a wound about one-third of an inch deep, and three parts of an inch long—the knife had entered the finger about the middle, and pasted along the surface of the bone, under the integuments—a wound of that description could not be inflicted except by a pointed and cutting instrument of this description—it was cut and stabbed—there was a cut on the outside where the knife penetrated along the surface of the bone about three quarters of an inch—I considered it a severe wound, and considered him in danger, as the tendons were wounded and divided, and in all those cases there is danger of locked jaw—he was in very great pain—there was inflammation all up his arm, but that subsided—he is still unable to straighten his finger, which proves that the tendons were injured.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 21.— Confined One Month.
Before Mr. Justice Williams.
JACOB PEADY . I am a general dealer in fish and fruit, and live in Glass-house-yard, Gravel-lane, near Black friars-road—I had been out late at night on Friday last—I went out about half-post ten, intending to go to Islington, to see my brother, but it was later than I expected, and I returned—-1 had a pint of beer in Holborn, and that was all I had—I was returning home Saffron-hill way, about a mile from my residence, as near half-past one as possible—as I turned the corner of Union-court the prisoner came up close to my side, and struck me a blow in the mouth—I had heard somebody walking a few steps behind me before that—he then knocked me again in the stomach and knocked me down, put his hand down, and attempted to pick my pocket—I kept my hand on my pocket, and he kicked me after I was down, in the side, and attempted to kick me again, but I caught hold of his legs—it was after he kicked me that I felt his hand towards my pocket—I held my pocket as well as I could—I felt his hand a little way down inside my pocket, which was unbuttoned, but I did not lose any money—I kept hallooing to the. policeman all the while—he said he would knock my bbrains out, but I kept on calling police as hard as I could, and held him by the leg—he beckoned to two more, who were at a distance off—they came a little way to assist him, but seeing the policeman coming they ran back—I let go of his leg, and ran towards the policeman—I heard the prisoner call to the other two, "Look sharp "—when the policeman came he ran away as hard as he could, and when I saw the policeman I ran after the prisoner to get hold of him—he ran down an alley leading to Field-lane—there is a little yard there, and I found him concealed behind a door in that yard—I pulled him out, and gave him into custody—I had about 16s., in my pocket—I was quite sober.
Cross-examined by MR. PAYNE. Q. You are a costermonger, are you not? A. I am a general dealer in different things—I do not keep a shop, or go about with a donkey—I have a basket and barrow—I sell oranges, nuts, and everything that is in season—I did not start from home till half-past ten o'clock—I went to go to my brother's in the New North-road, Islington, but finding it was later than I expected, I did not go on—I went into the New North-road till I could see that he was gone to bed, as the lights were all
out, and I did not go in—that was about half-past twelve—I was not in the public-house in Holborn above a quarter of an hour—I did not go into any public-house going back—Saffron-hill is three miles or more from the New North-road—my pocket was buttoned before this happened—it was not torn at all, nor were my clothes injured—he kicked me in the side, and moved his leg to kick me again, and I caught hold of his leg—after I let go of his leg I ran away from him a little—he ran after me, and struck me again—he struck me after the policeman had got hold of him—he went quietly with the policeman—I had not interfered in a dispute with him before—there was no woman quarrelling with him on whose behalf I interfered—as 1 came along Saffron-hill a woman asked if I would stand anything to drink—I did not give her anything—I said it was too late, we could not get anything—I did not wish her good night—I stood half a minute talking to her—there was no dispute between him and any other person—I was coming along the highway—I saw different women about, but had no conversation with them, only with the one.
COURT. Q. Was there any woman talking to you when you were knocked down, or you talking to her? A. No—I had parted with her about three minutes before, and she was not in sight.
THOMAS BURTON (policeman.) I saw the prosecutor last Friday night or Saturday morning, about half-past two, in Bleeding Hart-yard—I had heard "Police" called three times, and went up—I saw the prisoner run away—I did not know him before—he was running before the prosecutor—nothing was said till the prosecutor caught him—I followed the prosecutor, and in about three minutes saw the prisoner in a little square court going through into Holborn—I saw the prosecutor take him out from behind the door, and I took him in charge—he charged him with attempting to rob him—the prisoner said he did not attempt to do it—I took him to the station—I am sure he is the man I saw running before the prosecutor.
Cross-examined. Q. Did he appear to have been drinking? A. No—neither of them—I did not observe any marks of violence about the prosecutor—I did not examine him—he did not say he was hurt—when I first saw the prisoner running he was about twenty yards from me, and about three or four yards from the prosecutor—I cannot say exactly to a yard—it was light enough for me to see him very plainly, so as to know him again—I lost sight of him in turning the corner for a minute and a half, or two minutes—I do not know whether he lives in the court he was found in.
MR. PAYNE called
JOHN PHINN . I am a copper polisher, and live in George-alley, Union-court, Holborn. I know the prisoner, he lives in George-alley, and in the house he was found in—he has always borne a good character.
NOT GUILTY .
Third Jury, before Mr. Recorder.
MR. PRENDERGAST conducted the Prosecution.
MARY SULLIVAN . I live in Alfred-place, Chelsea, and am pew-opener at the Cadogan chapel—I have occasionally seen the prisoner there. Last Wednesday week, about ten o'clock in the morning, I met her at the door, coming out with a basket on her arm, with the corner of a shawl over it—it seemed to be covering something—she generally carried a basket—it is a Roman Catholic chapel, and is open every morning—I did not take particular notice of her, she being in the habit of going there—Mr. Davis has a pew in the
gallery of the chapel—there is a box in that pew, in which the-books are kept for the family—I noticed some books there on the Monday before.
Cross-examined by MR. DOANE. Q. How long had you been in the habit of seeing the prisoner at the chapel? A. About eight or nine months.
RICHARD FRANCIS DAVIS . I live in Marlborough-square. I have a pew in the gallery of Cadogan chapel—I had a box there in which some books were kept—it was kept unlocked—I had been there on the Sunday previous to last Wednesday week—my books were then safe—I had some of them in my hand—I did not miss any of them at that time—I went there again on the Sunday after the Wednesday, and they were then gone.
DANIEL PHILLIPS EADY . I am shopman to Mr. Ravenor, a pawnbroker, in Queen's-buildings, Brompton. I produce three books—two I received in pledge of the prisoner, in the name of Hunt, on the 20th of June—I have the duplicate—this other book was also pledged at our house—I did not take it in—I am quite sure the prisoner is the person who pledged these—I did not know her before.
Cross-examined. Q. How long was she in the shop? A. About five minutes—it was about eleven or twelve o'clock in the morning—she did not come into one of the boxes, but into the front shop.
(Property produced and sworn to.)
GUILTY . Aged 44.— Confined Two Months.
WILLIAM SEELEY . I look after a gentleman's horse and chaise. On Monday night last I met the prisoner at the Northumberland Arms, Isleworth—she asked me if I was going to stand anything to drink—I gave her 6d.—we went to a place called the Mill-flat, in, Isleworth—I missed my watch from my pocket, and charged her with having it—she denied it, and ran away—the policeman stopped her, and then she pushed the watch back into my hand in Cut Throat-lane—I followed her, and was close behind her when the policeman stopped her—this is the watch and key—I had it in my watch-pocket without a chain.
Prisoner. I never ran away at all; the watch was in bit pocket, and he gave it to the policeman. Witness. She did run away.
WILLIAM HOLD (police-constable T 148.) On Monday night last I was at the corner of Cut Throat-lane, and heard somebody running in the direction of the Mill-flat—I saw the prisoner with a watch in her hand—she turned round, and said, "Oh, Lord," and put it into the prosecutor's hand, who was close behind her—he gave it to me, and charged her with stealing it—he said it bad the name of "Forrester, No. 51," on it, and a little bit of red silk with the key—I found the key, and the red silk attached to it, in the Mill-flat, close to where he was robbed, and about twelve yards from where I took the prisoner.
GUILTY . Aged 24.— Confined Three Months.
ELLEN HAYES . I am a widow, and live at Upper Marsh, Lambeth. On the morning of the 1st of July I was at a public-house near Perkins'-rents—the prisoner came there—I had seen her two or three times before, but was not acquainted with her—I had had some drink, but not much—I was not the worse for it—I went to the house of a person named Burke—the prisoner was in my company—it rained—I was a long way from home, and we agreed to stay there that night, and sleep together—she took me up stairs—I
took off part of my things, and went to sleep—I awoke in a short time, and found she was not in the room, and my things had been taken—she took off my fannel petticoat herself, and I took off my shawl and bonnet.
Prisoner. She lent me the things; she was told she should have them on the Saturday, and she said that was all she wanted. Witness. I did not lend them to her—I had nothing else to put on—she took them while I was asleep.
CHARLES BROWN (police-constable F 128.) The prisoner was given into my custody on Saturday morning—on the way to the station, she said, two or three times, that she was drunk, or she should not have taken the things—when I got to the station I took this duplicate out of her hand—the gown was pledged for 2s. 6d.
Prisoner's Defence. I did not steal them; she lent them to me for half an hour, but I got a drop too much, and did not return.
GUILTY . Aged 19.— Confined Three Months.
OLD COURT.—Thursday, July 4th, 1844.
Fourth Jury, before Mr. Recorder.
1834. SHARRINGTON BACHE was indicted for feloniously uttering a forged bill of exchange, for the payment of 502., knowing it to be forged, with intent to defraud Alexander Fitzgerald. 2nd Count, for uttering a forged acceptance to the said hill.
MR. BALLAKTINE conducted the Prosecution.
ALEXANDER FITZGERALD . I am an oil and colour manufacturer, and life in Millbank-street, Westminster. 1 know the prisoner—I never knew him before this transaction—he was not introduced to me at all—he said he was recommended to me by a Mr. Tranter, for me to discount a bill for him—he produced this bill to me—I have endorsed it since—with the exception of my endorsement, no alteration has taken place in the bill, except the noting of my bankers—he likewise brought me these two cards—one has D. and H. Davies on it—he said those were the names of the parties attached to the billhe said he would give me 3l. if I would discount it for him, which I did—I gave him 47l.—it had three months to run—I cannot say exactly whether it was on the 13th of Feb. he brought it to me—it was within a day or two of that time—my bankers, the London and Westminster bank, discounted it for me, with some more—it was returned to me noted—I afterwards went to the Davies's, and saw Mr. Davies—in consequence of what be stated to me, I showed him the bill—from what he stated to me, I went to Mr. Bache's house—he was not at home, but in going from his house to Mr. Brown's to tell him of it, I met Mr. Bache suddenly, in Peckham-lane—I then went with him to the Davies's—I met a policeman, and requested him to go with me, and we all three went to Davies's—when we got there I saw the same Mr. Davies, and he said in the prisoner's presence that it was not his handwriting—I am not aware which of the Davies's it was—he said neither the drawing nor the endorsing was his handwriting, nor did he authorize anybody to use his name-Mr. Bache said, "You villain, you did it in that room"—Davies said he did not, he would have nothing to do with it, and shut the door in our faces—I then gave the prisoner into custody—there was an inquiry before Mr.
Cottingham, at Union Hall, and be held the prisoner to bail—Davies was not examined as a witness at the first examination—he was brought by summons—he would not attend at the first examination, and a summons was granted at the second examination.
Cross-examined by MR. CLARKSON. Q. You do a little discounting, do not you? A. Occasionally—I never knew Davies till this instance—this is a 50l. bill—I agreed to have 3l. for discounting it—it is made payable at Messrs. Weston and Young's—I did not know Brown, the acceptor—the prisoner said that he was building some bouses—I did not find that so—I never knew anything of the kind—I inquired, and was told he was not—Davies told me so—I did not inquire of anybody else—the prisoner does not live in Peckham-lane—he lived at Milford Cottage, Commercial-road, at that time—I am not aware that he had live I in Peckham-lane, or that be bad been building there—I found him there—I found he was not to be seen at Milford Cottage—I went to Peckham-lane to find Brown—my solicitor went next morning to Mr. Brown—he is here now—Peckham-lane is in Deptford, I believe—I do not think it is in a line with the Commercial-road, but I am not much acquainted with that part—I do not know whether the prisoner said when he saw me, "Oh, Mr. Fitzgerald, is that you?"—he might have said so—I told him Davies denied the bill.
Q. He had left the bill two days in your hands with Davies's card, telling you that Davies was the drawer of the bill? A. One day, 1 cannot say what day that was—he left it one day, and was to call the next—(I affirm, I do not swear)—I will affirm that he did not leave it for two days—at the time he left it with me I was in my counting-house, in Mill bank-street—Davies lived in the Kent-road—I did not go to Davies—he begged me to inquire of Messrs. Rigby—I inquired after those that knew the drawer—I did not inquire after Davies himself, but I inquired of Messrs. Rigby, who they were doing a deal of work for—my shopman went and brought me word—I went to Messrs. Taylor, in Parliament-street, but I did not go to Rigby's myself—I do not recollect his saying when I said Davies denied the bill, "Nonsense, you must have seen Henry Davies instead of Daniel"—I cannot affirm that he did nut—he asked me if I had seen the other Davies, one Davies could not write, and the other could—he did not say he would go with me and see Daniel directly—I will affirm that—he said he would go—I had no policeman with me then—we met the policeman, after walking a little distance together to go to Davies's—he was freely going with me at that time without the control of any third person—the prisoner did not say on seeing Davies, "Why Davies, here is your bill come due, you don't mean to deny your own bill"—he never said so—he said that Davies did that bill—there were very few words transpired—Davies said, "It is not my writing, I authorised nobody to do it"—the prisoner said, "You villain, you did it in that room," and almost in an instant we were all three pushed out of the room—Davies shut the door in our faces.
Q. Did not the prisoner say, "Why, Davies, here is your bill come due, you do not mean to deny it?" and did not Davies say," I have nothing to do with it?" and did not the prisoner then say, "Why you never mean to deny your bill, which you gave me in your own parlour at the time I gave you two others?" A. No, I do not recollect anything about any other bills—he said he did it in that room—I do not think any other bills were mentioned—I did not hear him say, on Davies again saying "I have nothing to do with it," "Why, you villain, you don't mean to crush me, you know 1 gave you two acceptances at the time you gave me this"—I did not hear that pass—I did not hear any words about crushing, or other bills—I could undertake
to affirm that did not pass—I do so—he then said to me, "You must give one of us in charge"—I did not say, "I will go to the station, and take the opinion of the inspector"—nothing of the sort—I said the prisoner must go to the station, and he went accordingly with the officer—I went before the Magistrate next morning—I caused my solicitor to give notice to Davies to attend—he did not come—the prisoner's solicitor then applied for a summons to be issued to compel Davies to attend, as he would be able to show it was Davies's writing—the Magistrate did not take the prisoner's own recognizances for his reappearance—he took his uncle's—he appeared at the time when he was to appear, and then Davies appeared—I had never done anything of this sort before, for Davies, or with Davies's name on it—I was not allowed to be present when Davies was examined before the Magistrate—I do not know a person named Andrews who keeps a beer-shop—the prisoner's wife was at Union-hall at the time he was being examined, and she asked me if I wanted anything more than my money—the prisoner did not upon that say, "If money is paid for this, I am disgraced for ever, 1 will not submit to it"—he said nothing of the sort—I had no communication with him—I did not hear him and his attorney both say so—he took his wife away, but not from me—she had left me at that time.
MR. BALLANTINE. Q. I presume your object in making inquiries, was to ascertain the responsibility of the Davies's? A. It was—I had not at that time any doubt about its being their handwriting—I sent to make those inquiries, and was satisfied with the result.
COURT. Q. How came you not to look a little more towards the acceptor: you know when a bill is due, the acceptor is the party to apply to in the first instance? A. The drawers being in the line of road—Brown had dishonoured it in the first instance—I did not ascertain whether by stronger proceedings I could not make him pay—I was going to Brown's at the time I met the prisoner, and I sent up to Brown's next morning—I found Brown was a man of straw, and it was no use suing him.
MR. CLARKSON. Q. Did you not find Davies was so too? A. I have heard so since.
DANIEL DAVIES . This is a card representing myself and my business—I cannot say whether I gave the prisoner that card—he was in communication with me, so that he might have obtained this card—I do not recollect giving him any particular card—I hand my cards in my business, and always carry them in my pocket—I may have given him one—I do not say I did not—the signature to this bill is not mine—I should say the writing is Mr. Brown's—neither the signature to the drawing nor the endorsement is my handwriting, nor was it done by my authority, by any person.
COURT. Q. Can you write? A. I can—(The witness was directed to write "D. and H. Davies" on a piece of paper, which he did.)
Cross-examined. Q. Is that your handwriting?—(producing another paper.) A. That is my writing—I am a carman and brick-merchant, and in the general line of building-materials—I am nothing else particular—I am not a dealer in accommodation bills—I swear that—I have not been concerned in accommodation bills at all—I never gave an accommodation-bill in my life, nor took any—I cannot say whether the prisoner was discharged before the Magistrate, without any depositions being taken—I did not put my name to any deposition—I stated before the Magistrate that I knew nothing about the transaction, and that I had lost the bill—that bill was lost without my signature, out of our counting-house—I will swear that I said before the Magistrate, that it was lost without my signature—the Magistrate did not say to me, "Why, Sir, your own witness proves that you denied you had accepted it,
and now you come and state you have lost it; I will have nothing to do with the case"—the Magistrate did not tell me any such thing—I swear that.
COURT. Q. Are we to understand that this bill was in your possession without either drawer or endorser to it?—was this acceptance as it now appears in your possession without the name of the drawer or endorser to it? A. The acceptor of the bill----
Q. Surely you can answer that plain question? A. He sent me three bills.
Q. Was this bill wanting the drawing and endorsement ever in your possession? A. I believe it to be in my possession without my signature—I believe it to be sent to our counting-house, and I believe I saw it.
MR. CLARKSON. Q. Do you know a man named Andrews, a beer-shop keeper? A. I believe there is a man of that name in Peck ham—I have teen the man, but I know nothing at all about him—I never had any transactions with the man in my life—I know nothing about him, no farther than seeing him and speaking to him—I have spoken to him in the high road—I cannot say what about—I believe he is outside—I have seen him and spoken to him—I passed the time of day to him—I said, "Good morning, Sir"—nothing else particular.
COURT. Q. Well, what did you say that was not particular, what further passed besides "Good morning?" A. I asked him how long he thought the case would last, and he said till about four or five o'clock—I believe that was every word—I believe that was all.
MR. CLARKSON. Q. Will you swear it was all? A. No, I will not—I believe he did live in High-street, Peckham—I do not think he is there now—I never was a bankrupt in my life—I called my creditors together on the 13th of March last—I never did so before—I have no recollection of calling at Andrews' beer-shop on the 13th of June two days after I had found this indictment—I will not swear I did not.
Q. Did you tell Andrews that Fitzgerald, who held the bill, would take either 25l. for it, or even 12l. 10s. for it? A. I told him it was commonly reported that he would—I do not recollect adding that I wished him to go and see the prisoner's uncle, to see whether he would not give that for it—I said it was commonly reported Fitzgerald would take that sum to have the bill destroyed, or 5s., in the pound—I did not invite Andrews to go to Mr. Straker, the prisoner's uncle, to tell him so—I do not think I did—I do not believe I sent that message to the prisoner's uncle, on my solemn oath—I will swear I did not—I never did such a thing in my life as sending him—I did not ask him to go—I solemnly swear that—I believe such a thing never escaped my lips as you represent, that I sent Andrews to Mr. Straker to ask what you represent to me—I told him it was commonly reported that Mr. Fitzgerald would take almost anything to have the bill destroyed—those were the words I heard spoken—Andrews stopped me in the street—I was not in his house.
Q. Was not Andrews shaving at the time in his beer-shop, when you went in to tell him so? A. I did not get out of my chaise-cart—I will swear that—I did not see him in the house—he stood on the pavement, outside bis house, when I was talking to him—that I solemnly swear.
COURT. Q. For what purpose did you communicate to Andrews that the bill could be got up for so small a sum of money, if he was not to go about it? A. I told him it was commonly reported—he questioned me respecting the transaction, how Bache got on—I told him, and I said it was commonly reported that Mr. Fitzgerald would take almost anything for it—I believe those were the very words.
MR. CLARKSON. Q. Now look at that, which you say is your handwriting, was that shown to the Magistrate? A. I believe it was—I believe he looked at that and the bill together.
NOT GUILTY .
NEW COURT, Monday, July 1st, 1844.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 24.— Confined Four Months.
GUILTY . Aged 26.— Transported for Seven Years.
MARTHA ROSSITER . I live as house-maid at Mr. Benham's, in Great Coram-street. The prisoner was the cook, and left on the 4th of May—this watch is mine—I lost it on the 28th of April, from the kitchen dresser—I took it down at eight o'clock in the morning, and missed it between eleven and twelve—on the 16th of June I went with the policeman to 'Squire Knatchbull's, in Kent, where the prisoner was living—I found her there, and the watch was hanging on a hook over the dresser—she had called at Mr. Benham's three or four times after she left.
Cross-examined by MR. BALLANTINE. Q. Where used you to keep it? A. Not in any particular place, sometimes in the kitchen—the prisoner never used it—I complained of having missed it, and she called in two policemen, and said a boy about seventeen or eighteen came down the area, that she asked what he wanted, and he asked her to buy some writing-paper—she had one box up in her room.
GEORGE BOARDMAN (police-constable E 16) On the 23rd of April I went to Coram-place, and asked the prisoner what had been lost—she said a watch from the dresser in the kitchen—she said she suspected a boy, about fourteen or sixteen years old and described his dress—after that I went with the prosecutrix to "Squire Knatchbull's house, at Milton, in Kent, and found this watch hanging on a hook over the dresser—I took it from the hook, and went into the larder, where the prisoner was—I asked if she had any knowledge of me—she said, "Yes"—I then showed her the watch, and said, "Do you know this?"—she said, "Yes, and I see you have got it."
Cross-examined. Q. I believe she fainted? A. Yes—the watch is worth about 3l.—it is silver gilt.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy.— Confined Three Months.
GUILTY . Aged 33.— Confined Three Months.
GUILTY . Aged 45.— Confined Three Months.
MESSRS. PAYNE and DOANE conducted the Prosecution.
SAMPSON GENESE . I am clerk of the Spanish and Portuguese Jews' synagogue. I produce the superintendent registrar's register of the marriage of the Spanish and Portuguese Jews—I was present, and saw the prisoner married to Jane Harris, on the 18th of May, 1843—(register read)—both the parties were of the Jewish profession—Jane Harris was a German Jewess—they were married in No. 62, Skinner-street, Bishopsgate—I saw the entry made—I have not seen Jane Harris since.
Cross-examined by MR. BALLANTINE. Q. You did not know Harris before? A. No—the prisoner had been in our school—we have only two sects among us, the Spanish and Portuguese Jews, and the German Jews—we have our different places of worship—I should not consider that I went to an orthodox synagogue if I went to a German Jews'—the ceremonies of marriage, and other ceremonies of the two sects, do not vary—the only difference is in the pronunciation of the Hebrew—the, words of the ceremonial are identical—the corresponding officers attend, and there is no difference in the belief of the German and Portuguese Jews—there is no distinction in the creed.
SOLOMON ALMOS NINO . I am secretary to the synagogue of the Spanish and Portuguese Jews—I am the registrar of the marriages at their synagogue—I produce the superintendent-registrar's certificate of a marriage between Jacob Saltiell and Jane Harris—I register the marriages at the synagogue—(by virtue of this certificate, the marriage takes place)—this is a correct entry of the marriage—I was present—the prisoner was brought up in our school—he is the person married to Jane Harris—I do not know her—she is described as Jane Hums, 62, Skinner-street, Bishopsgate—the marriage took place according to the ceremonies of the Jewish religion.
Cross-examined. Q. Is there no distinction of sects among the Jews? A. Not any—we have no second creed, nor difference in the ceremonials—no. person can be married without permission of the warden, and that is given on producing the certificate—without that a marriage would not be legal, according to our usages—it might be a valid marriage in point of law—the prisoner attended our place of worship at the time of his marriage, and subsequently to that, till very lately.
ELEAZER HART . I live in White Lion-street, Norton-Falgate—Jane Harris is my niece—on the 18th of May, last year, I was present at a marriage, according to the Jewish rites and ceremonies, at her mother's house, between her and the prisoner—she is of the Jewish persuasion, and is still alive.
HARRIET BATES DAVISON . I am eighteen years old, and live with my father in Jamaica-street, Commercial-road. At the beginning of this year, I had known the prisoner about six months—my father and I then lodged in Sydney-square with the prisoner—I knew he was married—his wife was living in the same house the whole of the time my family lodged there—we left the house shortly after Easter—I saw the prisoner occasionally after I left—in April he made a proposal of marriage—I accepted it—we were married as Christians at West Ham church on the 16th of May.
Cross-examined. Q. Did you know his former wife? A. Yes, they had been married in the Jewish persuasion—I believed he was not of the Jewish persuasion—his wife knew that the banns were published between him and me—it was not made a matter of concealment, that I am aware of—his wife was out from morning to night.
MR. PAYNE. Q. How do you know that his first wife knew of his going to be married? A. She has told me so at his mother's house within the last fortnight—his mother was present at the time.
GUILTY . Aged 22.— Confined One Month.
JOHN COVER , carpenter, Charles-street, Hatton Garden. I know these two cocks to be mine—they were in a water-butt in my premises—about four o'cloek in the morning of the 22nd of June, I was awoke by the water running—I got out and missed the cocks—this one I know by a nail I put in it where the key came out of it, and this other I know well.
HENRY TATE (police-constable C 136.) I took the prisoner in a public-house in Gray's-inn-lane, about five o'clock in the morning of the 22nd of June—I looked through the door, and saw him trying to conceal something—I went in and found him trying to conceal something—I took him to the station, and found these two cocks in his pocket.
Prisoner. Q. When you first looked in, was there anything on the form? A. Yes, this pipe, and you were trying to conceal it.
Prisoner's Defence. I went down in a water-closet, and found these—I put the taps in my pocket, and the pipe on the seat; I was folding it up, and the policeman came in.
GUILTY . Aged 28.— Confined Three Months.
THOMAS GOLDSMITH , linen-draper, High-street, Shadwell. About nine o'clock on the 26th of June, I was standing in my shop—a lady came in and gave an alarm—I missed a dress shawl—I ran out and saw the prisoner about eight doors off—he was running away—I ran after him, and he took the shawl from under his jacket and dropped it—I picked it up and gave information—the shawl belongs to Ann Sophia Lay—I am sure the prisoner is the person—he was lurking about the door previously.
MICHAEL M'DONALD . I am an umbrella-mender. On the night of the 26th of June, I saw the prisoner running, and Goldsmith following him—I called out, "Stop thief," and saw the prisoner drop the shawl—I am sure he is the person—I have known him for six months.
WILLIAM LEE (police-constable K 268.) On the night of the 26th, the prosecutor spoke to me—I found the prisoner outside the White Hart, in Shadwell, a little after ten o'clock—I said, "I want you about a shawl"—he said, "I know nothing about it; I have been in the White Hart drinking, the whole evening"—but I had looked into the White Hart half-an-hour previous, and he was not there.
Prisoners Defence. On this night, I was at work till seven o'clock at the London Docks; I then went into the White Hart, and stayed there; I'saw Lee come, and look into the passage; I stopped there till nine, and as I was going home, he came and said, "I want you on suspicion of stealing a shawl."
GUILTY. Aged 30.—Recommended to mercy by the Jury and Prosecutor.—
Transported for Seven Years.
NEW COURT.—Tuesday, July 2nd, 1844.
GUILTY .* Aged 19.— Confined Six Months.
1844. JAMES GOODSHIP was indicted for stealing 1 wooden case, value 1s.; 2 pairs of trowsers, 30s.; 3 waistcoats, 30s.; 2 pairs of drawers, 8s.; 1 towel, 1s.; 1 stocking, 1s.; 1 cigar-case, 5s.; and 126 cheroots, 25s.; the goods of James Harper.—2nd Count, stating them to be the goods of William Curling.
WILLIAM CURLING . I live at Hitchin. On the 14th of June I was in London—I packed up some trowsers, some cheroots, a cigar-case, and some other things, in a small deal case—they were my property—I took the case to the Three Cups, in Aldersgate-street, to go by Harper's carriage.
SAMUEL HARPER . I drive a wagon, which is the property of my father, James Harper—I put this case in it at the Horse-shoe, Goswell-street, to go to Hitchin, about six o'clock in the evening on the 14th of June—the prisoner was in the Horse-shoe tap at the time I put this in—he had nothing to do with the wagon—I started with the wagon—I stopped at Pentonville, and left the wagon there in the care of Charles Walters—I joined it again at the Half-moon, at Holloway—Roberts was with me—he was going to Whetstone—while I was going along I heard a cry of "Stop thief "—I found the box broken open, and the things gone out of it—the prisoner was brought by a constable, with the bundle that was taken out of the box.
Prisoner. Q. Did not I drive the wagon from Goswell-street up as far as Islington turnpike? A. I did not see you—I parted with you at the Horseshoe, and saw no more of you till the officer brought you.
CHARLES WALTERS . I live at Hitchin. Harper left the wagon in my care at Pentonville—I went on with it to Holloway—I rode in the wagon—I saw the prisoner get out at Holloway, near the Half-moon, with a parcel—I jumped out and called, "Stop thief," but could see nothing of him—the policeman brought him—I knew his person.
Prisoner. Q. Did you not give me two cheeses out of the wagon, to take away? A. No; I never touched them.
(Property produced and sworn to.)
Prisoner's Defence. When I came out of the Horse-shoe he was tipsy, and asked me to drive; Walters walked by my side, and then another man drove it on to Pentonville.
GUILTY . Aged 22.— Confined Six Months.
York-place, Islington. About one o'clock, on the 24th of June, I came from the parlour into the shop, hearing a noise, and saw a man in the act of walking out with something in his hand—I looked, and missed the inkstand from the counter—I went after the prisoner, and saw him about twenty houses off, walking—I called to him to stop—he immediately put the inkstand down on the pavement—I went to lay hold of him, and he immediately started off on the run—I returned a few feet, and picked up the inkstand—this is it—it is my sister's—I afterwards found the prisoner in custody at the station—I am sure he is the person who put it down.
THOMAS TYLER (police-Constable N 275.) I was in a public-house opposite Islington-green. I saw the prisoner pass the window, and then turn back—I heard a cry of "Stop thief "—I ran out, and saw him in front, running—I ran and caught him—he said, "Don't hurt me; I dare say I know all they can give me; they can't hang me."
HENRY NEWLAND . I live in George-place, Holloway. At half-past one o'clock I saw the prisoner in the act of taking these ink-glasses out of the stand, and putting them into his pocket—I am sure he is the same man.
GUILTY . Aged 21.— Confined Four Months.
ELIZABETH TURVEY . I am shopwoman to Frederick Metcalf, stationer, Marchmont-street, Brunswick-square. On the afternoon of the 17th of June I was at the back of the shop—in consequence of something I came forward, and found a customer there—the prisoner was there—he asked for a halfpenny pen—I served him—he paid me and went out—after he was gone I discovered the glass case at the end of the counter was opened, and the picture which was on it removed, these books taken out, and put at another part—they were in the case before—I sent the boy after the prisoner—he came back of his own accord with the boy—I asked him why he went to the case and took the books out—he said he did not—I said I knew he had—he said he begged my pardon, and said he wanted to buy a shilling prayer-book for his sister, and he took the Bible—I said it was not the prayer-book—he said he would buy it—I gave him in charge of the policeman.
JOHN CONNELL . I was sent after the prisoner—the apprentice asked him to go back, and he went back, and said, "Do you want me, madam?"—she said, "No, I don'twant you, but I charge you with opening the case and taking these three books out."
NOT GUILTY .
1847. THOMAS HARRIS was indicted for stealing 6 shirts, value 3l.; 1 pair of trowsers, 16s.; 4 handkerchiefs, 16s.; 3 pairs of socks, 5s.; and 1 flannel shirt, 2s.; the goods of Charlotte Stewart, his mistress; to which he pleaded
GUILTY . Aged 15.— Confined Twelve Months.
MR. BALLANTINE conducted the Prosecution.
WILLIAM GOODCHILD . I am foreman to David Ivall, a coach-builder in Tottenham-court-road. On the 24th of June I was returning to the factory, about twenty minutes past ten o'clock at night—when 1 got near the gates I
saw Bullough leave the gate with a bag—I then saw one gate closed, and heard the bolt fasten—I stopped Bullough, and said, "Halloo, old fellow, what have you got there"—he said, "I don't know"—I said, "Where do you come from?"—he said, "I don't know"—I took the bag from him, and secured him till I obtained a policeman, and gave him in the policeman's charge—I then rang the front door bell, which was opened by Lee, who lives on the premises, and has charge of them when the men are away—I said, "George, is there any one on the premises besides you?"—he said, "No, there is not"—I went into the counting-house, and on my return past him I said, "George, this is a bad business; we can't possibly look over it"—he raid, "I don't suppose you can"—I then went to the station, and gave charge of Bullough—I returned to the manufactory with the policeman; and sent for the trimmer, Thomas Wealthy—the bag was in the policeman's possession—there was some new horsehair in it—I had exactly the same sort on the premises.
Cross-examined by MR. DOANE. Q. I believe Lee was not given into custody? A. No—I insisted on his going to the Court the following day.
THOMAS WEALTHY . I am one of the prosecutor's trimmers. 1 had care of the bins in which the horsehair was kept—I have seen the horsehair in the bag—it is my master's, and was in the bin—this bag is my master's, and is marked with his initials.
LEE— NOT GUILTY .
BULLOUGH— GUILTY . Aged 50.— Confined Three Months.
THOMAS GOOD . I am salesman to George Frederick Lambert, a pawnbroker. About ten o'clock on the morning of the 14th of June, I was standing by the side of the shop—some one said something to me, and I missed this plane from a basket within the step of the door—the prisoner was pointed out to me about fifty yards off, walking—I stopped him, and asked him what he had got under his jacket, and at the same time I took this plane out—he said he had just bought it for 8d.—it is my master's—we have the fellow plane—I was taking the prisoner back, but he ran away, and a gentleman caught him.
Prisoner's Defence. I bought it at Islington.
GUILTY . Aged 22.— Confined Seven Days.
ZACHARIAH STANLEY , tobacco-manufacturer, Gray's Inn-lane. The prisoner was in my service—it was his duty to spin the leaf tobacco into roll—on the afternoon of the 18th of June he was in the warehouse—I saw him put some tobacco into his trowsers—I called to him, and said, "I think you are robbing me"—he said, "Oh no"—I said, "Walk into the counting-house, we must see about it"—I went in, and he walked after me—I had a policeman there, and said, "Now turn out the tobacco you have put in your trowsers"—he turned his apron on one side, and took from within his trowsers this tobacco—he said, "I am very sorry; it is the first time I have done it"—it is worth about 3s. 4d.—he was afterwards searched, and about 4oz. more found on him.
Prisoner. I did not mean to take it off the premises; I took it to mix with other tobacco.
GUILTY. Aged 52.—Recommended to mercy.— Confined Three Months.
NOT GUILTY .
1852. JOHN INWOOD was indicted for stealing 18 cheroots, value 6s.; 15 cigars, 1s.; 5 sixpences, 2 pence, and 2 halfpence; the property of John Barnet; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
JEREMIAH CRAWLEY . I am a ballast getter. About two o'clock in the morning of Saturday, the 15th of June, I met the prisoner in the street—she asked how I did—I had known her for five years—she said she had only come out of Newgate the same day, and would I give her a bit of supper—I took her into a coffee-shop, and called for bread and butter, coffee, and eggs—I asked if she would have any more—she said no—I had 18s. 6d. in my left hand trowsers pocket when 1 met her—she sat on my left hand side—I put my hand into my pocket, and took 1s. from the rest of the money—she said, "Give it me, I will pay for it "—I handed her the shilling—she handed it to the landlord, who gave her 2d. change—I went about two yards from the door with her, and then I missed my money—she walked away as soon as I missed my money—I walked after her, but could not catch her—I had not been in any other person's company—I was sober.
Prisoner. You told me you had no money, but two pairs of men's stockings. Witness. No—I did not take you up a court.
ROBERT WITTLETON (police-constable K 152.) I saw the prosecutor—in consequence of what he said I looked after the prisoner, and found her about four o'clock in the morning—I took her to the prosecutor—he charged her, and she was taken to the station—I told her when I first took her it was for robbing a man of 17s. 6d.—she said no, she had not had such a chance that night, she only came out of Newgate the day before—I took her to the station, and asked what she had—she said all she had was in copper, about 1s. 4d.—she was searched by a female—she found nothing on her—this is the 1s. 4d.—she took off her pocket, and laid it by her side, and this was in it.
Prisoner's Defence. I had no money; I met the prosecutor; he wanted me to go into the garden of a public-house; I would not go, and he took me into this coffee-house, and then wanted me to go to a house of ill-fame; I would not, and he wanted me to take a pair of stockings he had; I said no, he had better go home; I saw no more of him till I saw the policeman in the morning; the prosecutor was drunk when he gave me in charge.
NOT GUILTY .
WILLIAM FARLAM LOFTON. I am in the service of George John Boyce, a pawnbroker, in Lisson-grove, North. About two o'clock in the afternoon of the 26th of June, I missed a piece of printed cotton hanging on the bar of the door—I saw the prisoner go from the door, I followed her to the corner of Steven-street—I went before her, and stopped her—I asked her to let me look under her shawl—she wanted to know what I wanted to look under her shawl for—I looked, and there found this printed cotton—I took her back to
the shop, went for a policeman, and gave her in charge—the cotton if my master's—it had not been sold, and is worth 5s.
JURY. Q. Is there any mark that you can swear to? A. The mark it not on it, but there is the pin mark where it has been.
COURT. Q. Had you a piece of this sort and pattern hanging up? A. Yes, and only this one—I did not notice this one hanging up at any particular time—the place was quite full in the morning, and I know we had a piece of this pattern—the cook had this to look at, and she took the mark off it.
Prisoner's Defence. I bought it of a woman in the street.
GUILTY . Aged 27.— Confined One Month.
FREDERICK WHEELER . I live in Turvill-street, Westminster, and am porter to John Richard Andrews, a brazier. On the afternoon of the 25th of June I was in the shop, and saw the prisoner take up this saucepan and steamer, and go away from the door—I followed, and stopped her—I took her back to the shop—she was a little in liquor—I found on her a parcel of newspapers—I saw her take this saucepan and steamer, which is my master's.
EDWARD HURST (police-sergeant E 23.) The prisoner was given into my custody with this saucepan and steamer—she was too drunk to go before the Magistrate that day—she could walk, but when she was asked a question she would not speak.
Prisoner. I was very much in liquor, or I should not have taken it.
NOT GUILTY .
GUILTY . Aged 25.— Confined Twelve Months.
JOHN SAVILLE . I keep a coffee-shop, in High-street, St. Giles's—-the prisoner came several times to sleep there—this sheet is mine, and was in the room where the prisoner slept—the prisoner came back in the middle of the day, on the 19th of June—he hud no business to come in then, and shortly. after I missed this sheet.
Prisoner. Q. Did I go into the room in the day-time? A. Yes, you were the only person who entered the room after it was all right.
JOB TANNER . I live in Crown-street, Soho. On Wednesday week, between five and six o'clock, the prisoner came to me, and said, "I wish you would oblige me, to go and pawn this sheet, as I am rather short"—he said I was to pawn it for 3s., or for 2s.—I went to Mr. Tingay's, in Greek-street, and was stopped with it.
Prisoners Defence. I never saw this sheet till I got to the station. I was not out three minutes before I was taken; and as to being up stairs after I was down in the morning, I was not.
GUILTY . Aged 33.— Confined Nine Months.
1858. EMILY LEWIS was indicted for feloniously and maliciously leading away a certain female child of the age of four years, named Elizabeth Meade, with intent to deprive the parents of the possession of the said child.—2nd COUNT, with intent to steal 1 frock, value 1s.; I petticoat, 6d.; and 1 pair of trowsers, 6d.; the goods of Michael Meade.
ELIZABETH LEWIS . I live in Eagle-street, Red Lion-square—I am sister of Mary Meade, and live in the same house with her; she is the wife of Michael Meade, a shoemaker—they have a little child named Elizabeth, who is four years old. On the 10th of June I saw the child, about five o'clock in the evening, at No. 53, Eagle-street—her mother was at home, her father was out—I missed the child, and could not find it—I saw the child brought home on the 15th of June, by my husband—this is the child.
WILLIAM SCOTT . I live in Chalk Farm-fields. On Monday, the 10th of June, I saw the prisoner in the morning—I saw her again about half-past eight o'clock the same evening in Chalk Farm-fields—there was another girl with her, who was carrying this child, and the prisoner was walking by her side—they went towards Primrose-hill—the next morning, about half-past five, I saw the prisoner and the other girl—they bad the child with them, and were lying down under the hedge—I saw them several times in the course of that day, still with the child—I heard the other girl say that she had been seduced by a gentleman living in Berkley-square, and the child belonged to her—about half-past six the same evening the other girl went away, and left the prisoner with the child—I saw the prisoner with the child on the Wednesday, and again on Thursday—this is the child I saw her with.
GEORGE SINDER . I am servant to Mr. Crawford, and live in ChalkFarmfields. On Tuesday, the 11th of June, I saw the prisoner in Chalk Farmfields—there was another girl with her, and they had this child with them—on the Wednesday morning I saw the prisoner with the child—the other girl was not with her then—the prisoner said she was the other girl's sister—I saw the child so as to know it—this is the child—I am quite sure.
JANE PLUMRIDGE . On Wednesday, the 12th of June, I saw the prisoner by Primrose-hill, with this child in her arms—there was no one with her—I saw her again with the child the same evening, again on the Thursday, and again on the Friday—she still had the same child with her—on the Thursday she asked me to hold the child while she got across a fence—it was then walking, and came to me—she smacked it—I said, "Don't hit the child, it don't know any better"—she said, "It is my child, and I must teach it better"—we met a man, who spoke to her, and said, "The mother of that child is looking after you"—I said to the prisoner, "You told me that was your child"—she said, "I said it was my sister's child"—I saw something written up, and I went to Church-lane, where I had seen her in bed with the child in the morning, and she was gone out—I then went to Eagle-street, and gave information.
JAMES LEWIS . I live at No. 53, Eagle-street, and am brother-in-law to this child's mother—Elizabeth Lewis is my wife. On the 10th of June I found the child was gone—I gave information, and had some bills printed—on the 14th I saw the prisoner at the station—I asked her if she would tell me where the child was—she denied any knowledge of the child whatever, but before she was locked up she told me she left it in Bury-street that morning—the next morning 1 heard there was a child found in Tottenham Court-road
and taken to St. Pancras workhouse—I went there, and found the child, and brought it home.
THOMAS VICKERS (police-constable S 183.) I took the prisoner at Chalk Farm—I told her it was on suspicion of taking a child—she said she knew nothing of it—in taking her to the station, she said, "We took the child with the intention of stripping it of its clothes, and pawning them, and going into the country, begging."
Prisoner. It was not me that stole the child, it was the other girl.
(Sarah Burlton, the prisoner's sister, gave her a good character, and offered to take her under her care.)
GUILTY . Aged 14.—Recommended to mercy by the Jury.— Judgment Respited ,
NEW COURT.—Wednesday, July 3rd, 1844.
Fifth Jury, before Mr. Common Sergeant.
JAMES STEPHENSON . I am in partnership with Daniel Hayes, and live in Arbour-terrace, Commercial-road. At half-past eleven o'clock on the 29th of June, I was in the shop—I saw the prisoner and two other girls about the window—I was serving another customer—they put their faces close to the window, and then went round the corner—some hoots hung on a hook outside, the prisoner came and stood with her shawl out, and one of the others, who got away, unhooked them—the prisoner took them under her arms—I followed, and took her two doors off—she begged me to let her go—these are the boots.
GUILTY. Aged 17.—Recommended to mercy.— Confined Six Months.
JOHN LYALL . I am apprentice to John Arthur, of Brown's-buildings, Kensington. I lost a square belonging to him—this is it—it has my master's mark on it—I left it on a bench in the shed under the shop—I saw the prisoner in the building.
GEORGE HORNSHAW , carpenter, Brown's-buildings. On Thursday, the 13th of June, about four o'clock, I was passing the prosecutor's shed—I saw the prisoner coming out of the building with this square in his pocket—I took him by the collar, and took the square from him.
Prisoner's Defence, I saw it lying outside, and being in great distress, I took it.
GUILTY . Aged 51.— Confined One Month.
Prisoner's Defence. I found them all in a ditch.
GUILTY . Aged 39.— Confined Four Months.
JAMES MOORE . I am a sailor, and lodge at the Sailors' Home. Between ten and eleven o'clock on the 14th of June, I fell in with Wright, and went with her to a house in Bluegate-street—Neale keeps the house—I saw Neale there—I had two half-crowns and five shillings in my watch-pocket—I felt it safe as I was going up stairs—I went to bed, and kept my trowsers on—the next morning I found my watch-pocket turned inside out, and my money gone—Wright was in the room, and had slept with me—I asked her where my money was gone—she said she knew of nothing but my jacket, she had pawned that—Neale came in and out, and when I came down, I asked her about my things—she took up the fire-tongs, and said if I did not get out of the house she would break my head open—I cannot say who came into the room I was in during the night.
JAMES MALIN (police-constable K 99.) I was sent for to this house on the 15th of June—I found Wright there—I said I wanted her for stealing a jacket, two handkerchiefs, and 10s.—she said, "Mrs. Neale fetched me to sleep with him last night, and she gave me the jacket to pawn this morning"—I called Neale inside, and she said, "This man came home last night with another girl, and left his jacket to sleep here"—I said, "Do you know anything about the money?"—she said, "No, I do not"—Neale said, "I went and fetched Wright to sleep with him"—Neale had the duplicate of the jacket in her hand—she denied all knowledge of the money.
NOT GUILTY .
JAMES MOORE . I went to this house on the night of the 14th of June—I had a jacket, and a handkerchief in my jacket pocket, and a handkerchief round my neck—I took nothing but my jacket, shoes, and cap off—I left the handkerchief round my neck—I slept with Wright—when I awoke my jacket, and the handkerchief from my neck were also gone—I was sober enough to know what I was doing—I awoke about six in the morning, and spoke to Wright about the jacket—she told me she would give me the ticket of it—I went down stairs, and asked Neale where my things were gone—she was going to strike me with something from the fire-place.
HENRY READ . I am shopman to Mr. Wood, of Ratcliff-highway. I produce the jacket. Between seven and eight o'clock in the morning of the 15th of June, Wright and two other girls came and pawned it—Wright put it on the counter.
JAMES MALIN (police-constable K 99.) I found Wright—I told her I wanted her for stealing a jacket and two handkerchiefs—she said the prosecutor came to Neale's last night with another girl, and left his jacket; that Neale called her to come and sleep with him, and she got the jacket from Neale in the morning—I called Neale up stairs, and she brought the ticket in her hand—she said he came home last night with Irish Nell, and left his jacket to pay for the bed, and she fetched Wright to sleep with him.
Wright's Defence. I was standing at the corner, and Neale asked me to sleep with the man, and he had left his jacket to pay for the bed; I said I would; I got up at half-past seven o'clock, and got the jacket from Neale;
it was in a box under the bed; I took it, and got 3s. on it; I never saw the handkerchiefs or money.
Neale's Defence. The prosecutor came to my house with a girl; they could not agree, and he said he would leave his jacket, that he was too late for his lodging; I said, "Are you agreeable to leave your jacket?"—he said, "Yes, I will satisfy the girl in the morning," and in the morning she came down and asked for the jacket; I said it was under the bed; she took it out; he came down, and began cursing and swearing; I had neither poker nor tongs in my room; he began to strike about; I said I would show him where the girl lived.
WRIGHT— GUILTY . Aged 18.— Transported for Seven Years.
NEALE— GUILTY . Aged 50.— Transported for Ten Years.
HENRY M'GREGOR . I am apprentice to William Noble, a linen-draper, in High-street, Shored itch. On Thursday, the 27th of June, I was in my master's shop, at half-past eight o'clock—I saw two girls come in at the door and look at the print—they both took it down between them, put it under their shawls, and walked away—one had one end of it, and the other the other—I caught the prisoner by the arm and took hold of the print—she said nothing till she came back to the door—Mr. Noble was outside—she said, "Don't lay hold of my arm"—the other girl ran away.
Prisoner's Defence. He did not see it near me at all.
GUILTY . Aged 18.— Confined Three Months.
WILLIAM QUELCH . I live in Plummer-street, City-road. At a quarter past twelve o'clock, on Saturday night last, I was coming from Camden-town to King's-cross—the two prisoners came, and wanted to know where I was going—I said, "What have you to do with me, what is that to you?"—they pursued me, and there was no person to be seen about—it was about 200 yards from the turnpike; and as they went along, Peak put his hand into my smallclothes pocket, where I had a spectacle-case, a knife, a half-sovereign, and some more money—he did it a second time; and I said, "If you do that again, I will knock you down with the butt end of my stick"—I went on, and he did it again—I went on for the turnpike as fast as I could—when I got there, there was a blow against my hat, and I turned round into the turnpike house—three or four persons were there—they came out, and the prisoners, finding they could get nothing else, they got off my hat, and ran together away with it, and the handkerchief in it—I was sober—they were taken, and put into the station at Somers-town—I know my hat.
JOHN CARTWRIGHT . I live in Alderman-street, Somers-town. I was in the toll-house when the prosecutor came into the bouse with his hat on—he asked for protection—the toll collector told him he could not be in there, he could stand outside—he took hold of the wicket to hold fast, that the prisoners should not pull him away—he had had a little to drink, but was quite
sober—the prisoners tried to pull him away, and could not—Peak took his hat off, and took off Arthur's hat, and threw that to the prosecutor—the prisoners both ran off—I and another person pursued them—my friend took one of them—I followed the other till I saw the officers, and they took him—the prisoners were quite sober—when they were taken the hat and handkerchief were found on them.
Arthur. We came down from Camden-town, and the old gentleman laid in the road.
ARTHUR— GUILTY . Aged 40.
PEAK— GUILTY . Aged 18.
Confined Four Months.
WILLIAM BIBBY . I am a chemist, and live in Huntingdon-street, Kingsland-road. On the 15th of June, a little before six o'clock, I was in Wilson-street, Finsbury, looking at a house on fire—the prisoner and another lad came and stood behind me—they began pushing about, and 1 felt a pressure on my pocket—in two or three minutes 1 felt a tug—I turned and saw the prisoner with my handkerchief in his hand—he passed it to another—I seized the prisoner, he struggled violently, and got away—he ran some distance, I followed and gave him into custody.
Prisoner. There was a great crowd—the gentleman touched me on the shoulder, and said I had got his handkerchief—I told him not to lay hold of me.
GUILTY . Aged 18.— Confined Three Months.
JANE ROWLEY . I live in Charles-street, Drury-lane. On the 21st of June, I met the prisoner in the street about twelve at night—I went with him to a brothel—I awoke about five in the morning, and he was gone—I am sure he is the man—he bad not paid me anything—I missed my shawl, which had a blue middle and coloured border, a sampler, a ball, and a thimble, out of my pocket—there was no one else in the room.
Prisoner. When she awoke she asked the woman who let us the room if she had seen the shawl with me—she said no, and then she came and gave me in charge.
EDWARD HARRIS (police-constable E 50.) I took the prisoner—the prosecutrix stated what she had lost—he cried, and said he knew where the shawl was, and if Rowley would forgive him he would get it and give it her—I found this thimble and ball in his pocket.
(Property produced and sworn to.)
GUILTY .(†) Aged 19.— Transported for Seven Years.
GEORGE EVANS . I live in James-street, Holborn. The prisoner was my errand boy—I discharged him three weeks since—I afterwards found a duplicate of a waistcoat on my premises—I went to the pawnbroker's and found two waistcoats—they were mine.
JOHN POOLE . I am in the service of Mr. Burrell, a pawnbroker. One of these waistcoats was pledged by the prisoner, to the best of ray belief—I have the corresponding duplicate to the one found by the prosecutor.
NOT GUILTY .
Before Mr. Justice Coleridge.
NOT GUILTY .
JOHN JOSEPH YOUNG . I am a drover, and live in Suffolk. On the 17th of June I was in Smithfield market—I had received some sheep from Mr. John Hudson, a salesman—they were marked down the rump with red ochre, and round the nose, and a great E on the off side—I was in company with my cousin, George Young, who works for me—I saw the two prisoners in the market, between twelve and one o'clock—I knew them, they are drovers, and were driving sheep—I asked how many sheep they had got—Richard told me to count them—I did so, and found they had twenty, which was the number they ought to have—I missed my own ewe in about an hour and a half or two hours after—it was one I had received of Mr. Hudson, but Mr. Ede had bought it—I made inquiries, but heard no tidings of it till the Friday following, when I saw Dodd—in consequence of what he said, I went to the prisoners in the market—I asked them about the sheep I had lost—they denied any knowledge of it, and said they wanted two themselves—I asked them twice, and then I gave them into custody—I afterwards went to Mr. Harsants, a butcher, in Hoxton Old Town, with a policeman, and saw my lost sheep—it was then alive—it was taken to the station and identified—I afterwards saw it killed—it was the sheep I had lost—the marks on the skin correspond—the skin is here now.
Cross-examined by MR. WILDE. Q. Where does Mr. Hudson live? A. At Hessingham, about sixty miles from London—the sheep came from there by the railroad, and I had the charge of them—my cousin brought them into London, and put them in the pens in Smithfield.
GEORGE YOUNG . I am cousin to John Joseph Young, and am a drover—I assisted him on Monday, the 17th of June, and put the twelve sheep in the pens—between twelve and one o'clock I missed one of them, which was marked, as my cousin has described, with an "E" on the off-side, and round the nose and on the rump with ochre—I saw the prisoner Richard Wyatt in the market turning some sheep out—I spoke to him about the loss of my sheep, and accused him of it two or three different times—I said, "Have you a wrong sheep?"—he said, "No, I want two myself"—that was all the answer he made.
Cross-examined. Q. Did you watch the pen while the sheep were there? A. No—I do not know that anybody was there—it is not unusual for sheep to get out—they sometimes jump over.
COURT. Q. How was the pen fastened? A. They were tied with rope-yarn—they were the hurdle pens, not the standing pens—one part of them is made like a gate—there would be no difficulty in any person going in.
MARIA HARSANT . I am the wife of Henry Theodore Harsant, a butcher, in Hoxton Old Town. On Monday, the 17th of June, a sheep was brought during my husband's absence, between ten and twelve o'clock, by Joseph
Wyatt, who is our regular drover—he went away, leaving it—I did not see my husband till near seven in the evening—between the time of Joseph leaving the sheep and my husband coming home, Joseph had passed by, and asked me if the governor was in—I told him no.
HENRY THEODORE HARSANT . I am a butcher, and live in Ivy-lane, Hoxton Old Town. On the evening of the 17th of June I went home about seven o'clock, and found the sheep at my house—I afterwards met the two prisoners together in Hoxton—I said to Joseph, "Joe t you have left a sheep at our house, whose is it?"—he said, "Never mind, let it be there till tomorrow"—Richard is a master drover, and I owed him a few pence—I went with them to have something to drink at a public-house—while we were there Joseph said, "I should think that ewe is worth 1l."—I said, "I should think it is worth about 30s."—Richard directly said, "I have lost some sheep, and let that sheep be there till over Friday, then take it and stick it, and do as you like with it"—he said, "Young accused me of having twenty-one, but I have laughed him out of that"—he said he had lost so many himself, and mentioned about losing two of a friend of mine, in Long-alley, about a week ago—he said, "I must have some of somebody's to make up my loss"—I left them in the public-house, and gave information at the police station—I was at the market on the Friday following, and saw Richard—he said, "Good morning," and that was all that passed—an hour after, I heard that both the prisoners had been taken into custody—I saw Hodges, the policeman, and directly I understood that Mr. Young owned the sheep, I asked him how it was marked—I took him and the policeman to my house, and showed them the sheep—Mr. Young identified it directly he saw it, and I gave it into the policeman's charge.
Cross-examined. Q. Have you any persons in your employ? A. No—I was not present when the sheep was left—it was put in the yard—it had to go through the shop and the parlour—there were no other sheep there then—I had not been to market that day—there is no way to my yard but through the shop and the parlour—it has been a custom ever since I can recollect, if a drover has a stray sheep, to leave it at a shop where there are five or six lots of sheep, and to state that it is a stray sheep, but not to leave it where he has nothing to deliver.
JOSEPH HODGES (City police-constable, No. 31.) On Friday, the 21st of June, I took the prisoners—I told them it was on a charge of stealing a sheep—they denied it—Mr. Young was at the station, and told them if they would tell him where the sheep was, they might go about their business—they denied it again, and then he said, "I shall lock you up"—I afterwards went with Mr. Young to Mr. Harsant's shop, and there he identified the sheep—I was present when it was killed, and have had the skin in my possession ever since.
Cross-examined. Q. Had you sold any other sheep marked in a similar way? A. There were none marked in a similar way—there were twenty in the lot, but being sold to two different persons, they were marked in two different ways—there were twelve marked in this way, and only eleven to be found when the butcher sent for them.
(The prisoners received good characters.)
RICHARD WYATT— GUILTY . Aged 38.
JOSEPH WYATT— GUILTY. Aged 28.Recommended to mercy.— Confined Twelve Months.
Before Mr. Common Sergeant.
ANN PRENDERGRASS . I am seventeen years old, and live in Wild-street, Drury-lane. On the 19th of June I slept in Smith's-court, at Emma Wilson's—she used to sleep with a man—I went to bed about six o'clock—I had been to sleep, and heard a knocking—I said, "Who is there?"—the prisoner was there, knocking and swearing—he was there two hours, and fetched Shay and Regan—he asked me three times to open the door, and I said I would not—he broke it down, and came in and laid on the bed—I was naked in bed—I attempted to scream, and he put his hand before my mouth—I said, "Will you give me my clothes?"—he said "No"—he said, "You insist on getting up?"—I said "Yes"—he laid outside the bed, and wanted me to lay in bed with him—he said if I would not, he would stick this knife into me—I insisted on going out, and he struck at me—I put up my band, and the knife stuck in my hand—he threw himself down at the foot of the bed, and said, "Now I am to be carried out a corpse to-night"—he was drunk—he wanted * * * and said, "I will have you or your life."
Cross-examined by MR. HORRY. Q. He said he did not want you, it was Emma he wanted? A. Yes—I did not say a word about the cut finger when I gave him into custody—we had been having bread and cheese, and this. knife was lying on the table—I had a little scuffle with him—I had no doctor.
COURT. Q. Had you a black eye? A. Yes, he hit me betides—the cut could not have been accidental—I did not touch the knife—when he fell down on the bed he had it in his hand.
JOHN FOSTER . I was awoke by a noise, and heard the prisoner swearing dreadfully, and rattling the girl's room door—he broke it open, and asked the prosecutrix several times to get him a light, and when she told him to go down, he said, he could not go down without a light—she said, "I shall not give you a light, there is no one wants you here"—I heard her scream some time after—I saw her hand at seven o'clock in the morning, and saw a cut between the two fore fingers.
THOMAS TICKNER (police-constable F 18.) I took the prisoner—the prosecutrix had a black eye—I did not notice her hand—she said nothing about it—she gave him into custody for forcing open the door, and, assaulting her.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 21.— Confined One Year.
FREDERICK FOX . I am assistant to John Hardman Pickford—he has one partner—on the 26th of June, I had a waistcoat inside the door—I missed it—I went after the prisoner, and caught her forty or fifty yards from the door—I told her she had a waistcoat—she gave it to me—this is it—it was concealed under the child which she was carrying.
Cross-examined by MR. HORRY. Q. She said she had picked it up, and a boy dropped it? A. Yes—I saw the lining hang down beneath the child.
COURT. Q. How long was it after you had seen it safe? A. About five minutes—I did not see anybody else about.
(The prisoner received a good character.)
GUILTY. Aged 32.—Recommended to Mercy.— Confined One Month.
GUILTY . Aged 29.— Confined Three Months.
GUILTY . Aged 22.— Confined Nine Months.
1875. SARAH MURRAY was indicted for stealing 1 ring, value 15s.; 2 towels, 1s.; 2 pillow-cases, 1s.; 1 knife, 6d.; and 1 fork, 6d.; the goods of Jane Faith Aust: also 1 waistcoat, value 1l., the goods of Charles Henry Tandy; to both which he pleaded
GUILTY . Aged 23.— Confined Six Months.
GUILTY .* Aged 17.— Transported for Ten Years.
1877. WILLIAM YOUNG was indicted for stealing 8 shirts, value 4l.; 10 neckcloths, 5s.; 12 socks, 6s.; 1 nightcap, 1s.; 3 waistcoats, 15s.; 6 shirt collars, 3s.; 5 handkerchiefs, 10s.; 1 pair of drawers, 2s. 6d.; 1 cloth, 2d.; 2 pairs of trowsers, 10s.; and 1 sheet, 2s. 6d.; the goods of Charles Ross: 9 shirts, value 4l. 10s.; 7 handkerchiefs, 3s. 6d.; 2 shirt collars, 1s.; 3 pairs of trowsers, 15s.; 4 neckcloths, 4s.; 2 socks, 5s.; and 2 waistcoats, 10s.; the goods of Charles Cornwallis Ross: 1 sheet, value 5s.; and 1 sock, 6d.; the goods of Charles Irvine: and 2 sheets, value 5s.; 1 pair of drawers, 6d.: 1 stock, 1s.; 2 waistcoats, 10s.; and 4 socks, 2s.; the goods of James Crawley.
JOHN MILLER . I am carrier for the washerwomen. I went to Mr. Ross's in Portland-place, to get his linen, on the 1st of July—I got two boxes and a bundle—I came up stairs again, and missed the bundle—I got into the cart, and then went after the bundle—I turned down Marylebone into Wimpole-street, and saw the prisoner with the bundle on his back—I said, "You rascal, where did you get that bundle?"—he said, some person told him to carry it—I caught hold of him—he dropped it—I found a policeman, who took him—I had only put it into the cart four or five minutes.
JAMES CRAWLEY . I am butler to Mr. Charles Ross. I have examined this bundle—these shirts and other things are my master's—some of these are Mr. Charles Cornwallis Ross'—some belong to a young gentleman from the Charter-house, and some are mine—I can identify every article.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Six Months.
1878. EDWARD BAGSHAW was indicted for stealing 3 vices, value 18s.; 1 pair of twins, 4s.; 1 depthong tool, 16s.; 2 handkerchiefs, 1s.; 1 gown, 12s.; 1 coat, 1l.; 1 pair of boots, 12s.; and 1 hat, 2s.; the goods of James Bagshaw.
JAMES BAGSHAW , Watch-finisher, Charles-court, St. Luke's. The prisoner is my son—about five o'clock in the afternoon of Friday, the 14th of June, I left home, leaving him in the house—when I returned he was gone—I missed three vices, and some other things—they were not all mine, but were all in my house—I went down and found my door and drawers broken open—I found all the property at the pawnbroker's—these are them.
JAMES BAGSHAW , junior. I produce a letter which was given me by Benjamin Wolf—the whole of it is my brother's writing—(read)—" Dear father and mother—I am sorry to say I have done what I have; but if I have time, I will restore it. Dear father, I will replace it if you will give me time."
JOHN JENKINSON (police-constable G 53.) I took the prisoner—as we were going along he said, "I suppose my father won't come against me; I shall only get remanded once or twice "—when he was first committed he acknowledged his guilt, and said he did not like the diet of the new prison.
Prisoner's Defence. I know nothing of it; a neighbour said she saw another person come out of the house; I know nothing of the letter.
GUILTY . Aged 19.— Confined Three Months.
WILLIAM TAPPER . I am shopman to Henry Richard Clark, of North-plare, Gray's inn-road. On Monday evening, the 1st of July, I had a fender safe about five minutes before ten o'clock—I mused it just before ten—I went to look after it, and found the prisoner near the end of Cowper-street with it—I asked where he got it from—he said he bought it—this is it—it is my master's.
Prisoner. I bought it in Holborn. Witness. He could not have gone at far as Holborn and back in five minutes.
Prisoner's Defence. I saw a person at the corner of Gray's Inn-lane, Holborn, and he said he wanted to sell it; I gave him 4s. 6d. for it
GUILTY . Aged 19.— Confined Three Months.
BENJAMIN LOPTHOUSE . I live with William Codnor and another in the Edgware-road. About six o'clock on the afternoon of the 20th of June I was in the shop—I saw the prisoner and three or four more at the door—the prisoner was putting these dresses into her apron—I caught her—they are my master's.
Prisoner's Defence. I had the dresses given to me.
GUILTY . Aged 16.— Confined Four Month.
Sixth Jury, before Edward Bullock, Esq.
ANN JONES . I am single, and live at Mr. Briant's, at Hammersmith. On the 22nd of June I left London to go to Acton—I was at the Swan at Bayswater, and was too late for the train—I saw the prisoner there—the female who was with me knew him, and asked him to take the box which I had—he put it on his cart, and said we could both ride—we had a pint of beer together at the Swan—I gave my friend a sovereign to pay for it—she brought me the change, a half-sovereign, two half-crowns, 4s. 6d., and 2d.—I put the silver
into my right hand glove, and the copper in my pocket, and then put my glove in my pocket—we rode in the cart with the prisoner—the prisoner sat by my side—my friend and another young man sat behind me-as we were going along the prisoner put his hand round my waist—I put my hand down, and said I did not like that—he said I need not be afraid, he would not rob me of a farthing—we rode to Shepherd's Bush—I got down there, and the prisoner went on in the cart—I then put my hand in my pocket, and missed my glove and money—I mentioned it to the constable, and went after the prisoner—the constable showed me the glove and money—I think this is my glove—it is very much like mine—I missed such a glove, and I had such money as is in it.
Cross-examined by MR. HORRY. Q. How far is it from the Swan to Shepherd's Bush? A. Four or five miles—I had not got down—the prisoner had not got down—there was no drinking on the road—it was about five minutes after I left the prisoner that I missed my money.
JOSEPH YAPP (police-constable F 38.) About a quarter before ten o'clock, on Saturday, the 22nd of June, I was standing near Providence-place, Shepherd's Bush—I saw the prosecutrix and another young woman jump out of the cart—the prosecutrix said she had lost her money—we went after the prisoner in a cab—I caught him, and asked him to give me the money that he took from the prosecutrix—he declared to God he had not got any, and be wished God might strike him dead if he had got any belonging to her—I then searched the place where the prosecutrix pointed out to me she had been sitting—I did not find anything—I then went to the back of the cart, where they had jumped down, and could not find it—I was then just beginning to search the prisoner—I had pulled off his hat, and he said, "Look there"—I then saw the glove on the right hand side corner of the cart—I asked the prosecutrix if that was hers—she said yes, but that was not the way in which she put it into her pocket, she had rolled it up loose, and put it into her other glove, and when I found it it was tied—I took the prisoner to the station, got a lantern, and found this other glove in the centre of the cart, where the prisoner had been lying down—I desired him to come down from the cart while I searched, but he would not.
Cross-examined. Q. Does the glove contain the amount that was charged to be stolen? A. Yes—I did not examine the prisoner's coat—I never parted with him.
JURY. Q. Had you previously searched that part of the cart where you found the money? A. Yes, and it was not there then.
NOT GUILTY .
ROBERT COLLINS (City police-constable, No. 315.) At half-past twelve o'clock, on the night of the 1st of July, I was on duty in St. Paul's Church-yard—I saw the prisoner there, and heard the prosecutor say to her, "You have got my purse; if you will give it me I will let you go "—I looked at her hand behind her, and she had the purse in her hand—I took her hand, and the purse dropped on the ground—the prosecutor said if she had given it him he would have let her go, but she would not—I took her to the station—the purse has five sovereigns and a half in it—the prosecutor had been drinking, but knew what he was about—the prisoner was quite sober.
JOHN BENNETT , tailor, Charles-street, St. James's-square. This is my purse—on Monday, the 1st of July, I met the prisoner in St. Paul's Church-yard, and missed my purse after she had gone not many yards from me—the officer took her.
Prisoner. I met him at half-past twelve; he took me to a house, gave me some brandy and water, and wanted to stay there all night, but he could not.
GUILTY . Aged 25.— Confined Four Months.
GUILTY . Aged 16.— Confined Seven Days.
(The prisoner received a good character.)
GUILTY of a Common Assault. Aged 24.— Confined Six Months.
1885. WILLIAM TAYLOR was indicted for stealing 2 cwt. of potatoes, value 7s.; and 1 sack, 3s.; the goods of Samuel Pickett, his master.—2nd COUNT, stating them to be the goods of John Scrafton Thompson.
MR. PAYNE conducted the Prosecution.
GABRIEL BARTHOLOMEW PAYNE . I am foreman to Mr. John Scrafton Thompson. On Monday, the 15th of April, I delivered fourteen sacks of potatoes to the prisoner to take to Mr. Day, in Spitalfields—I gave him a ticket, with "28cwt." on it—this is the ticket—it is now disfigured, which in a great measure prevents my seeing the contents—I am quite sure I gave him fourteen sacks of potatoes—I went into the counting-house and made him out a note—no particular directions were given him at the time—he had been with them before, and knew where to go—on Tuesday morning he brought me this return note, which we usually have back—it has got a blot over the figures—it is in the same state as when he brought it to me—when we came to settle accounts with Mr. Day, it was discovered there was something wrong, and the prisoner was afterwards given into custody.
Cross-examined by MR. HORRY. Q. Is Mr. Pickett here? A. Yes—I am the only person who speaks to the quantity of potatoes—it was not a particularly busy morning—I am foreman to Mr. Thompson, who is the seller of the potatoes—we sent other potatoes to Mr. Day beside what the prisoner took—there was no one to check any error on my part or the prisoner's—I might probably make the ticket out before I entered it in the book—they were done at the same time—the potatoes were loaded in Mr. Pickett's cart—I helped to load, and the labourers assisted—the prisoner was not away from the loading of the cart—he took the sacks, and put them in—there was no counting of the sacks as they were put in.
JURY. Q. Did you tell him there were fourteen sacks? A. I do not know that I did.
MR. PAYNE. Q. But was the ticket given to him? A. Yes—he loaded the sacks, and he would know there were fourteen in the cart, and it was his duty to deliver the whole at Mr. Day's.
THOMAS FLOOD . I am foreman to Mr. Day, of Spitalfields. The prisoner came with potatoes in Mr. Pickett's cart, to our warehouse on the 15th of April—he brought thirteen sacks of potatoes, and delivered them—he brought
this ticket in the same state it is now, blotted over the second figure, which prevented my seeing what the real number of the cwts. were—he brought twenty-six cwts. in thirteen sacks—I cannot remember what time of day it was—I gave him this other ticket in return, with the figures "26" on it—it was not blotted then as it is now.
Cross-examined. Q. When he came with the cart, who helped to unload it? A. The warehousemen—I did not help, but I saw them unload—the sacks were not told off—I saw a number taken down, and I received a ticket, and gave another when I saw the goods in the warehouse.
MR. PAYNE. Q. Were the potatoes kept in the sacks? A. Yes—I ascertained the number of sacks the prisoner delivered before I gave the ticket.
JOHN SCRAFTON THOMPSON . I live at Ilford, and am a farmer—I discovered that only thirteen sacks of potatoes had been delivered at Mr. Day's when I came to settle the account, about three weeks or a month after they were delivered.
GABRIEL BARTHOLOMEW PAYNE re-examined. Mr. Thompson is a farmer in the country—he sends potatoes to Mr. Day—Mr. Day does not know except from the tickets, what quantity ought to come to him—Mr. Day is his only salesman—sometimes we may send a wagon full up—Mr. Day judges from the ticket what quantity ought to be there—when I gave the ticket to the prisoner, it was not blotted, but could be plainly read with "28" on it—the return-ticket was brought back blotted just as it is now—I said to the prisoner, "This is a curious way of Mr. Day's sending a ticket"—that was all that passed.
Cross-examined. Q. Before the 15th of April had you sent potatoes to Mr. Day? A. Yes, a great many—we did not send any the day before, because it was Sunday—we sent some every day in the week before, and every day after that—I cannot say whether the prisoner took them all the week afterwards—I think the Saturday before might be the first day he was employed, but I will not be certain.
NOT GUILTY .
Before Mr. Baron Alderson.
1886. JOHN MILLS and THOMAS JONES were indicted for burglariously breaking and entering the dwelling-house of Elizabeth Edney, about three in the morning of the 29th of June, with intent to steal, and stealing therein 1 lemon, value 1d.; 1 1/2 pint of gin, 3s.; 1/2 a gill of peppermint, 4d.; 2 bottles, 6d.: 15 shillings, and 4 sixpences; the property of Elizabeth Edney.
ELIZABETH EDNEY . I am a widow, and keep the Garrick's Head, in the parish of St. Paul, Deptford. On Saturday night, the 29th of June, I saw the bar window quite safe at a quarter past twelve—we very seldom unfasten it—my son was the last person up—I left on the window cill several glasses, 1l. worth of silver, a quartern of peppermint water, a pint and a half of gin, in a bottle, and a large lemon the window is about eight or nine feet from
the ground—I was called up between three and four o'clock on the Sunday morning by the policeman—I got up, went to the bar, and found a large pane broken out—there was room for a man to put his hand in—I missed 17s., the gin, the peppermint, and the lemon—I know the prisoners—they both frequented the house, but Mills more than Jones.
HENRY THOMAS . I am a gardener, at Deptford. I live on the same side as Mrs. Edney—on Sunday morning, the 30th of June, at three o'clock I was up—I saw the prisoner Mills and, I have every reason to believe, Jones, standing close to the Garrick's Head, looking up the street—I crossed to go to my employment, and then observed Mills getting up to the window, supported by the other man—I saw him put his hand into the window, as well as it was possible for a man to see in the situation I stood, his back being towards me—I could not see what he took, but I saw his hand come out and go to his companion below—he then got down and walked up the street towards Deptford—I returned across the road, entered the gate, and they were passing me on the other side of the way—I believe they did not see me—I saw a policeman twenty or thirty yards before them, and I saw them pass him—a little bit after, I went to the policeman and gave him information—I know it was Mills, because I have known him nearly four years—I was about thirty yards from him when the fact was committed—it was quite daylight.
Mills. Q. Did you see me take anything out? A. It was impossible I could do so, but I saw your arm go in and come out, and hand it, as it were, down to your companion—I did not see you take a can of beer out, which your companion had handed to you to put on the window—I did not see you with any can.
THOMAS M'LEAN (police-constable R 81.) I was on duty on Sunday morning, the 30th of June—I saw the prisoners going in a direction from Mrs. Edney's house towards Deptford—they were together—about twenty minutes after, Thomas came up and gave me some information.
GEORGE BRASOR (police-constable R 22) I took Mills—I did not examine his hands—I examined the window cill, there was blood on it, and a square of glass was broken—I looked at Jones's hand, and there was a speck upon it—I could not positively swear it was blood—there was blood on his jacket—I did not look at Mills's hands—I told him I took him for breaking a square of glass, and stealing a pint and a half of gin, 2 bottles, some peppermint, and a lemon—he said he knew nothing at all of it—on the way to the station he said he was sorry for it, it was only a lark.
Mills. Q. Did not I deny breaking the window? A. Yes.
Jones's Defence. On Saturday morning, between twelve and one o'clock, four of us were drinking together in the lane, it being a fine night; we went to Mrs. Edney's, and had five pots of beer in a can; after we had drank it I and Mills brought the can home; I said, "Put it up on the shelf and they will be able to see it;" he put it up, and I said, "I will take it down again, for I see there is a window broken, and they will blame us for it; I shoved Mills up, he took it down; I went and put it and the pot in the yard, at the back of the house, where Mrs. Edney found it in the morning; we then went home; we met the policeman, and spoke to him; we were always at home, and to be found.
MRS. EDNEY re-examined. I found the can and the pot in It in the back yard next day—it was a gallon can—it could not have gone in at the hole in the window.
(Mills's hands were examined by the turnkey, who said there were two marks or cuts in the palm of the left hand.)
HENRY THOMAS re-examined. When I first saw them I was about twenty yards from them—they were then standing close to the tap-room window in front, as if watching—that is about two rods from the bar window—I did not see them move towards the bar window—I went into the yard, and in crossing the yard afterwards I saw Mills ascending to the bar window—he was just up, and the other was holding him—I did not hear any glass broken—I saw no can, or bottles, or anything—I saw them get down and go away—they never went into the back yard or behind the house while was looking at them—they went straight away down the road.
Jones. I went to the back with the can, while Mills stood at the corner.
NOT GUILTY .
Before Mr. Recorder.
THOMAS AVERY . I am in the employ of William Jegon, coal-merchant, Upper Thames-street. The prisoner was one of his carmen—on the 25th of June, he had four tons of coals to deliver to Mr. Ellis, at Bromley—the coals were not the property of Mr. Jegon, but of Mr. Skipper, who transacts his business at Mr. Jegon's coal wharf—he contracts with Mr. Jegon to cart his coals to any of his customers, and is liable for their safe delivery.
GEORGE HINDS . On the 25th of June I saw the prisoner with a wagon of coals—I saw Mrs. Young at her gate—the prisoner stopped at the gate, and then walked up the garden after her—I heard him offer three sacks of coals for sale—after that I saw him deliver five sacks there—I stood at the door, and saw him take in five sacks—after he had delivered them, and put the sacks into the tail of the wagon, I went up and said, "Halloo, old fellow, it is a wet morning; where are you going to with your coals?"—he said he was going to take a ton to the further side of Bromley-common—he told me the coals were his own, and the horses too—I counted thirty-five sacks and five empty ones.
Prisoner. Q. How could you count them? A. There were ten on one side, eleven in the middle, eleven outside, and three on the top, not five.
FRANCES YOUNG . I live at Holmesdale, Lewisham. On Tuesday, the 25th of June, about eight o'clock in the morning, the prisoner accosted me, and asked if I wanted any coals—I said, "No"—he said he had half-a-ton of very good coals, and he would let me have them cheap—I said, "What do you want for them?"—he said 14s.—I said, "No, I don't want any to-day," and walked away—he followed me, and said, "Will you take three sacks?"—I said, "What do you want for them?"—he said 6s.—I said if they were good he could bring them in—he brought them in—I said, "What will you take for the remainder of the half-ton?"—he said 11s. altogether—I then said, "You may bring then in"—he did so, and I gave him four half-crowns and one shilling—I usually pay 14d. a cwt.—these were cheaper, which induced meto buy them.
EDWARD DEVERILL (policeman.) I went after the prisoner—he told me that he had brought his coals from the Economical Association, Belvidere-road, London—he told me the coals, wagon, and horses, were his own—I noticed some empty coal-sacks at the back of the wagon, and asked how he came by them—he said he brought them to cover over the horses—after he had delivered the coals at Bromley I saw him counting up forty sacks—I
found there were forty—when I took him to the station, I asked what money he had about him—he said he thought about 2s. or 3s.—I found 6s. in silver in his breeches pocket, and 9 1/2 d. in copper, and at the bottom of one of his boots I found a half-crown.
Prisoner. There were no empty sacks; I delivered forty at Mr. Ellis's, and the servant said they were quite correct. Witness. I asked her if she took any notice of what coals he delivered, and she said no, but he counted forty empty sacks—Hinds gave me information of the coals being sold—I then went to the station to report to the inspector, and afterwards found the prisoner at Mr. Ellis's house, counting the empty sacks.
Prisoner's Defence, I took five sacks down for a hawker, who gave me half-a-crown for doing so; those were what I sold.
GUILTY . Aged 29.— Confined Six Months.
Before Mr. Common Sergeant.
1888. CHARLES OSBORN was indicted for stealing 3 gowns, value 3s. 6d.; 3 aprons, 1s.; 1 petticoat, 1s. 6d.; 4 brushes, 1s.; 1 saw, 3s. 6d.; 1 axe, 2s. 6d.; 1 cap, 6d.; and 1 box, 1s. 6d.; the goods, of James Mucklow; and that he had been before convicted of felony.
JAMES MUCKLOW , jun. I live with my father, at Bass's Wharf, Deptford—I am a bricklayer. On Saturday night, the 15th of June, I fastened up all the doors of my father's house about ten minutes before eleven o'clock—I was called up about ten minutes before six in the morning, and saw the prisoner within three steps of the top of the stairs—he had no business there whatever—he appeared to have got in through the jap room window, where there was a tub in the back-yard—he said he had come to alarm us, and we let him go—my tools had been in the back bed-room—I missed them, and the other articles stated, about an hour after he was gone—on the following Sunday morning we found this box, one old gown, the four brushes, and a boy's cap—the cap was on the prisoner's head, and the brush was in his pocket—this cap is my brother's, who is fifteen years old, and this brush is my father's—this box is my father's, and it was found where the prisoner was lodging.
ELIZABETH KIRBY . The prisoner came to lodge at Mr. Darling's, where I lodge, on the 15th of June—he had this box there—I saw him go to it continually, and take the brushes out, and put them in again—he said he would buy a lock and key, that the other lodgers should not make use of these things.
JOSIAH VINCENT (police-constable R 196.) I got information of the robbery on the 16th of June—I did not take this box from the prisoner's lodging—the sergeant did, and was not hound over—I saw the prisoner on Sunday, the 23rd of June—I told him I believed he was the party who was suspected of the robbery, and I should take him to the station—I called on Mr. Mucklow, who identified him, and this cap, which was on his head, and this brush, which was in his pocket.
Prisoner, Q. What time was it you saw me? A. About twenty minutes to six o'clock—you had a small bundle, which you said was a fowl—I felt it, and it was a fowl, quite warm—your hands were bloody, and there were feathers about your clothes—I took you on suspicion of stealing that, and they could not identify it—I then detained you on this charge.
Prisoner. The brush did not belong to them at all.
prisoner's former conviction, which I got at Mr. Clark's office—(read)—the prisoner is the person.
GUILTY . Aged 20.— Transported for Ten Years.
Before Mr. Baron Alderson.
1889. SARAH ADAMS was indicted for feloniously assaulting John Adams, and cutting and wounding him on his left arm, with intent to disable him.—2nd COUNT, stating her intent to be to do him some grievous bodily harm.
MR. PRENDERGAST conducted the Prosecution.
JOHN ADAMS . I am a labourer, and live in Smith-street, Camberwell New Road—the prisoner is my wife. Last Monday evening, the 10th of June, about a quarter past six o'clock, we were at home, and had a little quarrel—we were both the worse for liquor—I was rather worse than her—there were some flower-pots there—I was going to take them away to my brother-in-law's eldest son—she did not like that, I think—I took them up—I do not know that I should have taken them if I had not been the worse for liquor—I went out of the house and across the road with them—when I got a short distance from the house, she came behind me and broke the flowers, and I tumbled down in the road—my foot might have caught against a stone-the pots were broken—I think she came behind me and pushed me down—I followed her home, and went up stairs—I believe she got hold of a knife when she got up stairs—she struck me on the arm with the knife—there were two marks in my jacket, but only one on my arm, where the knife entered—I do not think she struck me more than once—I struck her again—I did not see the knife in her hand—I sung out for help—a young man came up and took the knife from her—I could not get from her—she had got hold of me round my waist—some persons came and took me down stairs—the blow on my eye was done with a poker—I was very drunk—I do not exactly know what happened—I had a great deal of blood on my face—the policeman was obliged to hold me up.
Cross-examined by MR. DOANE. Q. You knew taking these pots would make her very angry? A. She made me very cross, I tried to make her cross by taking the flower-pots—I did not go up stairs to give her a thump, I went to kick up a dust.
THOMAS POWNEY . I am a labourer. On Monday evening I saw the prosecutor and his wife up stairs—I saw some pots of geraniums in the prosecutor's arm, as he ran out of the beer-shop—I did not see the pots knocked out of his hand—he went up stairs to his own house—I heard a man's voice call for help, and found the prisoner with the knife in her hand, trying to job it into his arms—he was trying to keep her off as well as he could—she only struck him once—she made two or three attempts—I took the knife from her—it was a long white-handled kitchen knife—I tried to get him out of the room, but she took up the poker, and struck him once with it across the head—it was not a very hard blow, but it was just across his eyebrow, which made a little mark, and bled—she then got hold of a pair of scissors, but I knocked them out of her hand under the bed, got him down stairs, and took him to the doctor's—he was very faint.
Cross-examined. Q. After taking the knife out of her hand, you tried to get him out of the room? A. Yes, but he struggled to get towards her, to hit her.
JAMES TENNOCK . I was in company with Powney—I heard, a cry for help, in a man's voice—I went up stairs to the room—the prisoner had the knife in her hand, struggling behind the door with her husband—Powney had hold of her wrist, and I took the knife out of her hand—she got the poker, and knocked her husband down by a blow on the temple, and made a deep cut in his temple—we got him down stairs at last—she took up the scissors.
JOHN BAKER . I am a surgeon, and live in Foley-road, Camberwell. On Monday evening I saw Adams—he had a wound just over the corner of the eye—the skin was broken—it was produced by some blunt instrument—this poker might have done it—his elbow had an incised ragged wound on it, caused by a blunt cutting instrument, such as a blunt knife—he had several bruises about the head, and over the left eye.
GUILTY. Aged 25.—Recommended to mercy.— Confined Six Months.
Before Mr. Baron Alderson.
1890. LUCY THEEUF and STEPHEN THEEUF were indicted for stealing, at Lambeth, 2 coats, value 3l.; 1 pair of trowsers, 9s.; 1 handkerchief, 3s.; 1 watch, 4l. 8s.; 1 watch-key, 1s.; 1 watch-chain, 1s.; 3 breastpins, 7s.; 1 brooch, 5s.; 1 pair of ear-rings, 2s.; 2 spoons, 4s.; 1 gown, 8s.; 1 shawl, 8s.; 2 shifts, 2s.; and 2 pairs of stockings, 1s. 6d.; the goods of Elizabeth Bliss, in her dwelling house.
ELIZABETH BLISS . I live in John-street, Regent-street, Lambeth—the prisoners lodged in my house eighteen months—they are man and wife. On Saturday, the 9th of June, I missed the articles stated, which are worth at least 10l.—I kept the greatest part of them in my bed-room, in a drawer and box—the silk dress, shawl, and some books, were in a chest of drawers, not in my bed-room—the prisoners had no access to my bed-room—it was not kept locked—they were living in the house, at the time I missed the things, but I had no suspicion of them.
Cross-examined by MR. DOANE. Q. How lately before the 9th of June had you seen these articles safe? A. Not for some time—I was not in the habit of going to the drawers—they were the property of my late husband—I had seen my silk dress, I might say, three months before—my daughter's shawl I had seen nine days before the 9th—that has been found, and the sheet I had seen about four days before—the prisoners were still living in the house at the time they were taken into custody.
WILLIAM DAVIS (policeman.) I took the prisoners into custody on Sunday, the 10th—I searched their room, and found this flannel, calico, spoons, bit of silk, a window-blind, a pair of braces, some duplicates, ear-rings, and a silver spoon—the female prisoner was present at the time I found them—she said some of them were hers—not all—not the spoons—I understood her the flannel was hers, the braces, one of the towels, and this cap—these duplicates I found on the table in this little pocket-book—I do not know whose pocket-book it is—I did not ask—Mrs. Theeuf was then gone to the station, and the male prisoner had not come home.
Cross-examined. Q. You do not seem very well to remember what the things were that she said were hers? A. In the first place she said the flannel was her own when Mrs. Bliss claimed it, and the calico and braces she said were her own.
COURT. Q. Were you present before the Magistrate when the prisoners were there? A. Yes—I heard Lucy make a statement, which I believe was taken down in writing—I believe this to be Mr. Trail's handwriting—(read—" The prisoner Lucy, says, I only am guilty, and am sorry for what I have done.")
HENRY HUTCHINS . I am shopman to Mr. Matthews, a pawnbroker. I have a great coat pawned by the female prisoner on the 7th of June—the duplicate I gave her is among those produced—she came alone—the coat is not worth 5l.
Cross-examined. Q. Had you known her before? A. Yes, well—she was known there as a customer some time ago—we always understood her to bear an honest character, and her husband also.
MRS. BLISS re-examined. This great coat was my late husband's—this coat, three books, and shawl, are mine, also all the things found in their room—I had no fault to find with them while in my house—they were not in distress—he is a carpenter, but was out of work three months.
(The prisoners received good characters.)
LUCY THEUFF— GUILTY of stealing under the value of 5l.— Confined One Year.
STEPHEN THEUFF— NOT GUILTY .
1891. WILLIAM RIPPON was indicted for stealing 7 pairs of stockings, value 10s.; and 2 shirts, 2s.; the goods of George Bennett, in a certain vessel, on the navigable River Thames; to which he pleaded
GUILTY . Aged 36.— Confined Four Months.
CHARLES TUNSTALL HYDE . I am an attorney, and live in the Adelphi. I was in the Half Moon, at Putney, on the 22nd of June—I felt something, and missed my handkerchief out of my pocket—it was safe about half a minute before—I turned round immediately, and saw the prisoner a little behind me—I seized him—I observed his right hand drop immediately, and saw the superintendent of police pick up my handkerchief—this is it.
Cross-examined by MR. PAYNE. Q. This was on the day of the rowing-match, was it not? A. Yes—there were a great many people there—the Half Moon has a cricket-ground before it—it was about half-past ten at night—I think there is not a thoroughfare through the house—I was standing in front of the bar—a friend was with me—I cannot say how near my friend was to me—when I turned the prisoner, to the back of the house, I saw ray friend come up—I should say he had been behind me—here is a mark on my handkerchief—I had used it when I was rowing.
Cross-examined. Q. Where were you? A. Going in at the door—I think there is a skittle-ground behind the house—I think there is not a passage through the house to it—the prisoner was between me and Mr. Hyde—he threw the handkerchief down at the side, and while I was picking it up Mr. Hyde turned and said, "You have robbed me."
GUILTY . Aged 22.— Confined Four Months.
GUILTY . Aged 65.— Confined Six Months.
JAMES CLEALL . I am in the service of Sir James Knight Bruce, at Roe-hampton. On the 21st of June I was at the barge wharf, Putney, looking at the boats—an officer came and spoke to rue, in consequence of which I missed my pocket-handkerchief—the prisoner was in the officer's custody—this is my handkerchief—I had not seen him before—the handkerchief was in my left coat pocket before 1 lost it—I had two female servants with me.
Cross-examined by MR. CHARNOCK. Q. What is the mark by which you know it? A. It has "F. C." on it—I can identify it with certainty.
JOHN WHITE (police-constable R 180.) I was at Putney, and 1 saw the prisoner attempt two or three gentlemen's pockets—he went to the prosecutor and took the handkerchief from his pocket—I caught him as he was in the act of putting it up his waistcoat.
Cross-examined. Q. Were you on duty in plain clothes? A. Yes—there were not a great many people where the prosecutor stood—he had two females with him—I did not see the handkerchief on the ground.
(The prisoner received a good character.)
GUILTY. Aged 20.—Recommended to mercy,— Confined Four Months ,
1895. JAMES HANNIGAN was indicted for stealing 13 eggs of tame fowls, value 6d., and 13 other eggs, 6d.; the goods of Jonathan Roose, in a certain vessel on the Thames.—2nd Count, stating them to be the goods of Jonathan Roose the younger.
JONATHAN ROOSE . I am roaster of the brig Indefatigable—she was lying at Cherry Qarden Tier on the 14th of June—the prisoner was the mate—on that day, in consequence of something 1 was told, I went to the Thames police-office, and got an officer—he went, on board with me, and I gave the prisoner into custody, for opening a case or box and taking some eggs out—he said he did not take any of them—we had one case of eggs on board.
Cross-examined by MR. BALLANTINB. Q. Where did they come from? A. Tralee—they were consigned to a gentleman—they were mentioned in the bills of lading—he had the bills of lading by post—Mr. Lynam's name was on the box—I had no duplicate bill of parcels, I had a note—here is the name of the shipper—I received the case of eggs at Tralee as part of the cargo—I had not a duplicate bill of lading—it is usual to have one—the chest contained about 2. 500 egifs—the prisoner came from Tralee to London—I and he had not a quarrel at Tralee—my wife lives at Bangor, in Wales—I do not live with her sometimes for two years—I never found the prisoner seated with a woman I am living with at Tralee, and having coffee with her—I have seen Mm at a house—there were women there—I never said a word to him about it-—I am informed there were thirteen eggs taken out—I did not see them taken—they might be worth about 6d.—I never said that I would not have prosecuted the prisoner if I had not found him at that, house at Tralee—I did not write to him in Newgate, nor send any one into Newgate to him—I did not send a letter to him—he has not brought or threatened to bring an action against me for defamation of character—I understood he threatened it, after he was taken by the police, a few days ago—I did not send any message to him about it—I did not know what prison he was in.
JOHN EVANS . I was one of the seamen on board this vessel, from Trnlee to London—Roose was the master, and the prisoner mate—on the 14th of June she was at Cherry-garden Tier—the chest of eggs was kept aft, near the companion—the mate came to me on board that day, about one o'clock, and
asked me to join along with him to get some eggs out of the box—I refused—about eight o'clock at night I was standing near the windlass, and saw the prisoner take some eggs out of the box—he had an axe in his hand, and prized the cover up, put his hands in, and took some eggs out—I do not know howmany—he put them into a basin—he sung out to a boy to come and bring a hammer to him to nail down the box—I saw him put some eggs into a basin behind the companion—the next day I saw him with three boiled eggs in his hand—he brought them down into the kitchen, and put them into his berth.
Cross-examined. Q. Where did you go on board this vessel? A. In London—I had been in the vessel about eight months—the prisoner was mate, and was my commanding officer—he asked me to join with him in getting some eggs out of the box—those were the very words he used—I told him I did not like to do it—I told the captain of it on the Friday, the day after, when he came on board—I told him directly he came on board—I told him about the axe.
JURY. Q. Was it dark at the time? A. No—I saw him distinctly.
HUGH ROOSE . I am cabin-boy aboard the Indefatigable. I was with Evans by the after hatch on the evening of the 14th of June, about half-past eight o'clock—I saw the prisoner put his hand into the box of eggs—I did not see anything with him—the next day, at dinner time, I saw the prisoner eat three eggs.
Cross-examined. Q. Are you son of the captain? A. Yes—I told my father of it in the morning, in the cabin—some one else told him first—he came down to me, and asked me if I knew anything about the eggs—I do not know of my father having a quarrel with the prisoner—my father was angry with him at Tralee, because he got something away—he had a pretty stiff quarrel with him about that—I never saw any female at Tralee—I never heard of the prisoner's going to have some coffee at my father's lodgings.
THOMAS FOX (Thames police-inspector.) Between five and six o'clock in the evening of the 14th of June I went on board the brig with the captain—the captain pointed out the prisoner to me—I spoke to the prisoner, and told him he was accused of breaking open a box of eggs—he said he had not broken open the box, and had not taken any eggs out—he said the lid wai loose, and he had it nailed down again—I asked him where he slept—he said, "Down in the after cabin"—I took him and the captain down into the after cabin, and saw a chest there—I said, "Have you any eggs in your chest?"—he said he had not—I opened the chest, and found five eggs in a handkerchief—I said, "How did you get these?"—he said, "I took them out of the chest, for fear I should break it in nailing the lid down"—I examined the egg-chest, and found apparently a deficiency of about a dozen and a half of eggs.
Cross-examined. Q. You found the box had been nailed down? A. Yes, with new nails—there were marks of old nails, and the new nails were quite loose—nothing was said by the captain about an axe at this time.
NOT GUILTY .
JANE MARIA LUKER . I am the wife of Richard Luker, and live in Acre-lane, Clapham—I am employed by Mary Ann Thomlinson, a laundress, to wash. On the morning of the 26th of June, between eleven and twelve o'clock, I hung a linen shirt in the drying-ground, and saw some handkerchiefs hanging
out—these are them—I afterwards saw the prisoner passing the cottage, where these things were.
Prisoner. Q. Had I the same clothes on that I have now? A. Yes, I believe you had.
SAMUEL EASTMOND (police-constable V 182.) About a quarter before two o'clock, on Wednesday, the 26th of June, I saw the prisoner in Clapham-road—in consequence of something, I went towards him—he ran away—I saw his left hand pocket looked bulky—I pursued him, and several gentlemen assisted me in taking him—he struggled very violently—these handkerchiefs were in his coat pocket, and the shirt in his hat—he was asked how he accounted for the shirt—he said it was his own.
Prisoner's Defence. 1 was in a public-house just before the policeman took me; a man offered me the shirt and handkerchiefs for sale, I gave him 4s. for them.
GUILTY ** Aged 24.— Transported for Seven Years.
JOHN SAVILL , baker, New Cutt, Lambeth. The prisoner was in my service for two months—it was his duty to take bread from my house to supply the customers, and occasionally to receive money for me—it was his duty to bring it back to me directly he received it—on the 10th of June he left my house with a basket of bread and never returned—on the 10th of June Mrs. Bratten was indebted to me 3l. 11s.—the prisoner did not pay me that sum—Mrs. Faulkner was indebted to me 3l. 0s. 8d.—I did not receive that sum from the prisoner.
GUILTY . Aged 18.— Transported for Seven Yeart.
ANN COLVILLE COULSON . I am fifteen years old, and live with my father, David Coulson, at Hammersmith—about five o'clock in the afternoon of the 22nd of June I was in the fair field at Putney with another person—I was told something by White—I felt in my pocket and missed my purse containing 16d.—it was in my pocket about half an hour before—this is it—I had not seen the prisoners before.
JOHN WHITE (police-constable R 180). I was on duty in the fair field—I saw the prisoners together—Shea put his hand into the prosecutor's pocket and took from it this green purse—I then saw him hand it to Barry, who was covering him—I took them into custody.
in White's custody—lie had something in his hand, and let it fall on the ground—it was this purse.
Shea's Defence. I saw the purse on the ground—this boy came and snatched it from me—the officer came up.
(Shea received a good character.)
BARRY— GUILTY . Aged 17.
SHEA— GUILTY. Aged 15.Recommended to mercy.— Confined Four Months.
JOHN WHITE (police-constable R 180). On the 20th of June I was on duty in the fair field at Putney—I saw the prisoner go behind the prosecutor and put his hand in his pocket—he took this handkerchief out—-1 caught hold of him directly, and he shoved it in the flap of his trowsers.
HENRY THOMAS . I live in Manor-street, Chelsea. On the afternoon of the 20th of June 1 was in the fair field, Putney—White spoke to me—I felt for my handkerchief in my pocket—I could not find it there—this is it.
Prisoner's Defence. I saw it on the ground; picked it up, and put it in my pocket.
( GUILTY . Aged 17.— Confined Four Months.
1900. MICHAEL BROWN was indicted for stealing 3 casks, value 2l.; 9 bottles, 3s.; 2 1/2 gallons of brandy, 5l.; 2 gallons of rum, 1l. 12s.; 3 gallons of gin, 1l. 11s.; 2 quarts of sherry, 1l. 10s.; 3 quarts of stout, 5s.; 1 box, 6s.; 1lb. weight of cigars, 16s.; and 1/4 1b. weight of tobacco, 1s.; the goods of Joseph Colverd.
JOSEPH COLVERD . I am a licensed victualler, and live at the Three Kingdoms tavern. I had a booth at Moulsey races, and had some wine and spirits there. Between twelve and one o'clock in the morning of the 14th of June, I saw the booth safe—I had there a cask of brandy, and a cask of gin, some bottles of sherry, a box of cigars, and some tobacco—I was in bed at the booth—about two I was awoke, and missed all the articles stated—this cask is mine—I know it by the painting on it, and the marks on the taps—this is another of my casks—one had rum in it, and the other gin—I had seen the prisoner and one or two others lurking about the day before.
Prisoner. There were more persons walking about the race-course. Witness. Yes, and you were among them, I am sure of that.
JAMES CARVER . I am carman to Samuel Dodman, a builder, and live at Thames Ditton. On Friday, the 14th of June, I was coming to London with my horse and cart—I came to Coombes-warren, and saw the prisoner—I am sure it was him—he asked if I was going to London—I said I was—he asked if he might put a bag up into my cart—I asked him how heavy it was—he said, "Not very heavy"—I said I would put it up if it was not very heavy—he called "Jack" to some man in the wood, and lifted the bag off the man's shoulder to the cart—I drove on towards London, and the prisoner followed me—when I got about a mile and three quarters, two officers stopped me, they took the bag out of the cart, and took these casks out of it.
ARCHELAUS DODD (police-constable V 86) I went in pursuit of the prisoner, and found him and another following Carver's cart—the prisoner made a bolt across the common—I took the other, and found this bag in the cart, with two casks, containing some rum and gin.
DAVID M'PHERSON (police-constable R 154) On the 23rd of June I apprehended the prisoner at Greenwich—I told him it was for being concerned in the robbery at Moulsey-hurst races—he said he was innocent—I found 1s. on him.
Prisoner's Defence. Two other men came and awoke me as I was sleeping,
and told me to ask the man to give them a ride to London, and then the officers came up; the men said, "They are after us;" I said, "What for?" they said, "For what is in the cart;" I ran off; a man came and said there was a policeman after me, and I had better be off for two or three days, but 1 would not.
GUILTY .* Aged 23.— Confined Six Months.
Before Mr. Common Sergeant,
1901. ROSINA LEE, JAMES LITTLE , and JAMES SIMPSON were indicted for stealing 1 coat, value 10s.; 1 pair of gloves, 4d.; 1 handkerchief, 1s. 6d.; and 1 account-book, 3d.; the goods of Thomas Arger Tomkins.
AMELIA TOMKINS . I am the wife of Thomas Arger Tomkins, and live at Stock well-place, Lambeth. I had a coat, a pair of gloves, a handker chief, and an account-book safe at twelve o'clock on Saturday last, on my bed—I have missed them—these are the coat, the account-book, and gloves—they are ours.
THOMAS EMERSON (police constable V 16.) On Saturday evening last, I was in the Clapham-road, near the Swan, at Stock well—I saw the three prisoners together—Simpson had hold of Lee's hand—I followed them, and saw Lee had something in her apron—when they were near Southampton New-road, I took them, with the assistance of another constable, who took a coat from Lee's apron.
EDWARD JAMES KNIGHTLEY (police-constable V 178.) I produce the coat, the gloves, and the account-book—about a quarter past six o'clock I saw the prisoners coming along South Lambeth, from the prosecutor's neighbourhood—I saw Emerson behind them—I stopped the prisoners—Lee had this coat,—the gloves and book were in the pocket of the coat.
LEE(†)— GUILTY . Aged 18.— Transported for Seven Years.
JANE----. I am housekeeper to Lewis Hayes; I had a ladle, two spoons, and a fork safe—two boys got in at the window—I called out "Thief," and some one came—they were frightened, but ran away with the silver, and threw it away in the front gardens—these are my master's property.
WILLIAM SENIOR . I am nine years old. On the 29th of June, between three and four o'clock in the day, I saw the two prisoners run into the prosecutor's garden—one of them lifted up the prosecutor's window, put his hand in, and drew out something bright with his hand—the servant hallooed out, and they ran, and threw the spoons on the shrubs in the garden.
THOMAS WHITE . I was passing Belmont-place, Wands worth-road, where the prosecutor lives, between three and four o'clock—I saw the prisoners run from the house, and chuck the spoons in the shrubs—I am sure the prisoners are the boys.
LITTLE— GUILTY Aged 17.
SIMPSON— GUILTY Aged 13.
Transported for Seven Year.
Before Mr. Justice Coleridge.
JOHN SWAN FLOWER , surgeon, Camberwell. A little before five o'clock on the morning of the 13th of June, I was called up, and went to the police-station—I found a young woman, named Rosina Hampton, lying on a shutter or board—she was in an insensible state, with marks of violence on both her temples, about her face and head, and about the scalp—I did not make a more minute examination, not considering it a proper place to do so—I bled her—she came to herself—she complained very much of her side and her head—I put my hand on the side of her bowels—she complained very much—she could hardly draw her breath on account of the pain—I applied some leeches to her temple before she was removed—she was then removed to her own dwelling, a short distance off—I visited her there, and examined the side of her abdomen—it was bruised and discoloured—I have been attending her since, up to the present period—she was at that time in a dangerous state from congestion of the brain, and inflammation of the intestines—it was relieved by the bleeding—I think she was in danger for the first five days—she is now suffering from a pain in her side, and probably will do so for some time.
ROSINA HAMPTON . I am single. I know both the prisoners—I lived with Clifton for about three weeks in the Borough—I left him about fifteen months before this happened—we had a quarrel, and parted—I have not been living with other men since—I have been living at my mother's and father's since—I have seen Clifton from time to time since I left him—we spoke when we met—I gained my livelihood by going out charing—I had never lived with Cleam—when I and Clifton lived together, Cleam was not living in the same house—on the 12th of June I had been working at Mrs. Luker's, in Rye-lane—I left at about a quarter to ten o'clock—I went to the Plough public-house to have some refreshment, and saw Susan Allender—we then went into the tap-room, and saw both the prisoners there, drinking with two gentlemen's servants—the prisoners both of them spoke to us, and asked us to drink out of their pot of half-and-half and ginger-beer in it—we stayed there till between two and three in the morning, and then I and Allender left—I was not sober, nor tipsy—I could walk—I left the prisoners there—they came out and ran towards us, and we ran down by Mr. Archer's coal wharf to hide from them—I had told them in the public-house that I had been working at Mrs. Luker's during the day—I did not say whether I had been paid any money—they overtook us—Clifton took me by my shoulders, and drove me down on the ground, and said, "You have got some money, and I want it"—I said, "No, I have not"—that was after he forced me down—he turned my pocket inside out, and there was no money there—then he searched my bosom, and there was a purse with a duplicate in it—he took that out, looked in it, and gave it back to me again—he threw his knees across mine, and held me down—I was lying on my back—he took a knife from his breeches pocket, and said, "This means going through you "—I got away from him—he did nothing with the knife—I got as far as the Britannia, in High-street, Peckham, about two hundred yards from the place where I had been knocked down—I met Cleam, and he stopped me there, and held me till Clifton came up, and hit me two or three times violently on the right temple with his closed fist—I got from him, and got to Southampton-street, which is about half-a-mile off—Cleam there stopped me again, and held me till Clifton came up, and kicked me twice in my left side—I lost my senses—when Clifton came up, and caught me that second time, Cleam said to him, "Pay her for all now"—I do not know what he was to pay me for, but Clifton had a month for some spoons at Brixton, about nine months ago, and I had to appear against him—nothing had been said in the course of that evening about those
spoons—we were good friends all the evening—I bad not been sitting by Clifton—I had sat between Allenderand another young man—Clifton did not kiss me or offer any indecency at all—before the affair of the spoons I had appeared twice against him for ill-using me—that was after I had lived with him—he was punished for ill-using me—once he had ten days, and was bound to keep the peace for six months—he was the first man I had ever been with.
Clifton. It is false what she says about my putting my hand in her pocket, and in her breast. Witness. Yes, he did—the first question he asked, was for money, and then be put his hand into my pocket, and in my bosom.
SUSAN ALLENDER . I am single, and live with Charles How, in the Borough—on the night of the 12th of June, I was at the Crown—I had just come in, and Hampton came in directly after me—I saw her in the tap-room first—Clifton was there—Cleam came in about eleven o'clock—I and the prosecutrix drank with the prisoners—Cleam paid for a pint of beer for me, and Clifton paid for some—we stayed there till a quarter to three o'clock—when I came away 1 was not sober, but was quite sensible—the prosecutrix was better than me—when we came out, we went towards Archer's wharf—Clifton followed us—I was the first one he caught bold of—he asked me where Rosina Hampton was—I said I did not know—he still held me, and I said, "You must go and find her"—we had separated—she was biding in one place, and I was standing in another—I left Clifton and went home—I did not see any more of him, or of Rosina Hampton, till the night after, when I heard that the prosecutrix had been ill-used—Cleam went part of the way home with me—he came up to me by the wharf, and left me by the Anchor and Hope, in Addington-square—that must have been after three o'clock in the morning—he went back towards where we had left—he was obliged to go back, because he lives there—in going with me, he had gone out of the direction of his own house—he did not say anything about the others—Clifton was very drunk; but I think he was sensible, he could walk—Cleam was not so drunk.
EPHRAIM WHEAT , gardener, Rostmary-cottage, South-street, camberwell. On the morning of the 13th of June, I was aroused by the scream of "Murder" under my window—I sleep up stairs—I got up, opened the window, and looked out—the prosecutrix was lying on the ground, screaming, and the prisoners standing one on each side of her—she was apparently going into a fit—I saw no violence, and heard no foul language—I went down, and Clifton was gone—Cleam was resting her bead upon his knee—one of my neighbours coming out at the same time, and we tried to lift her up—the screamed out with the pain in her side, and we were forced to lay her down again—we then went for a policeman, and she was taken to the station.
MATILDA SMITH . I live with Wheat, and am his daughter-in-law. I was aroused this night—I came to the window, and saw Cleam with the prosecutrix lying on his knee, and Clifton against the post, at some distance—I am quite sure it was him—I asked Cleam where the prosecutrix came from, and he said he did not know, that he heard her scream in the street, and he ran down—when she came to herself, she. said, "O, Jack Cleam, you have been the occasion of all this"—he said, "It is all your own fault, here is the policeman coming to fetch you"—I said to him, "I thought you said you did not know her?"—he then said she was anybody's wife—it was quite daylight.
GEORGE JOHNSON (police-constable P 142.) I was on duty, and beard the screams of "Murder"—I proceeded round my beat to find it out, and when 1 came to the spot, I found Rosina Hampton sitting, or rather lying on the
ground, and resting her head on Cleam's arm—I said, "What have you been doing here?"—he said, "Now you are come, I will give her up to you"—I said, "Don't run away, I shall want you to assist me to take her to the station"—he said, "Who is going to pay me?"—I said I would pay him—he said he wanted to be paid first—I said I could not do that—he remained a few minutes—he then found I had got a little assistance, and laid her on the board, as she was quite senseless—he went away—I did not see Clifton.
EDWARD TOLLHURST (police-constable P 204.) I was on duty—I saw Hampton and Allender that night on the end of my beat—they were coming from Archer's Wharf to the Britannia when I had seen them—I saw the prisoners together opposite the Crown—they came from the Crown towards Archer's Wharf in the same direction as the prosecutrix—I did not say any. thing to them—Clifton was drunk, but was capable of taking care of himself, or I should have taken him to the station—Cleam was not so bad—with respect to the girls, Allender was the worst of the two for liquor—I did not see anything the matter with Hampton—I assisted in taking Hampton to the station—I saw Cleam about half-past six o'clock at the top of Landroost road, at the back of the madhouse, lying under the hedge, asleep—I told him he was charged with a gross assault on Rosina Hampton—he said it was not him that did it—I searched him and found a stone in his pocket—I asked what he had the stone in his pocket for—he said he got it to throw at a bird.
Cleam. Q. Did I not meet you in Rosemary Branch-lane? A. Yes, and be told me I was wanted to take a young woman to the station-house—I asked him who it was, and he said it was Rose Hampton—when I came to the place she was lying on the board.
HENRY HOLTON (police-constable P 104.) I apprehended Clifton at his mother's house, in the outhouse in the yard, asleep—I awoke him up and told him I wanted him—he said, "For what?"—I said there was a charge against him for violently assaulting a young woman—he said no more till he got into the house—then he asked me who it was—I said it was Rose he said he knew nothing about it, and at that time he said he had not assaulted any young woman—he said he had not hurt Rose—I told him she was lying at the station nearly dead, and he would see her when he got there—in going along, I said there was a very serious charge against him, and what he said would be repeated against him—he said he had done nothing more than given her a thump on the head, if anything else was the matter, and if she had been hurt, somebody else had done it, after he had parted with her—I found this knife on him.
Clifton's Defence. I was in a public-house waiting for money; the prosecutrix sent a waiter in to know if a person named Clifton was there; I came out, and saw her there; I said, "I shall walk to Peckham with you;" I went in there and got my check—we went to the Crown and sat drinking there till the morning; I said, "I shall not go home now, I shall sit down by the canal;" she took my new cap away; I went along and met Cleam; he said, "Are you looking after Rose?"—I said, "Yes, she has got my cap;" I went on to the Britannia, and she had my cap; she said, "I did not think you would have awoke so soon," and, being drunk, I might hit her; I will not say 1 did not give her a cuff on the head; she is subject to very bad fits, and throws herself about and hurts herself.
Cleam's Defence. I went out, and had a. pint of porter, and asked Clifton
to drink: I went away with the other man; I met Clifton, and told him where she was; I went after him, and she was in fits.
SUSAN ALLENDER re-examined. The prosecutrix and I were children together—she is subject to fits—I have seen her in fits, and she throws herself about with great violence—I have known her in a fit at Camberwell work-house—it took six or seven men to hold her.
JOHN SWAN FLOWER re-examined, I never attended the prosecutrix before—when I came up she was not in a fit—if she had been, the bleeding might have brought her to—the injuries on the head might have been produced by a fit, but those on the side could not have been produced unless she came in contact with a stone, or some hard substance.
CLIFTON— GUILTY of an Assault only. Aged 24.— Confined Twelve Months.
CLEAM— GUILTY of an Assault only. Aged 22.— Confined Six Months.
ADJOURNED TO MONDAY, THE 19TH OF AUGUST.